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3 <br />AN ORDINANCE GRANTING A TELEPHONE FRANCHISE TO <br />, ITS SUCCESSORS AND ASSIGNS, TO USE THE STREETS AND OTTER <br />PUBLIC PLACES OF THE CITY OF CrIARLOTTESVILLE, ALBEh1ARLE COUNTY, VIRGINIA, FOR <br />ITS POLES, 1,1IRES, CONDUITS, CABLES, AND FIXTURES, FOR A PERIOD OF FIVE (5) <br />YEARS. <br />BE IT ORDAINED by the City Council of the City of Charlottesville, Albemarle <br />County, Virginia, that , its successors and assigns, <br />for a period of five (5) years from effective date hereof be, and is hereby authorized and <br />' empowered to erect, maintain and operate its telephone and/or telegraph lines and associa- <br />ted equipment, including ydosts, poles, cables, wires and all other necessary overhead and <br />underground apparatus and associated equipment on, over, along, in and through the streets, <br />alleys, highways and other public places of the City of Charlottesville, Albemarle County, <br />Virginia, as its business may from time to time require, and to use the property of other <br />' companies and permit other companies to use its property upon such arrangements as the <br />two companies may agree; provided: <br />SECTION 1. That all poles erected by said Company shall be neat and symmetrical, <br />and be so located as in no way to interfere with the safety or convenience of persons <br />travelling on or over the said streets, alleys, highways and other public places. <br />SECTION 2. That the erection of poles by virtue of this Ordinance shall be subject <br />to the supervision of the City Manager or some other representative appointed by said <br />Council, and said Company shall replace and properly relay any sidewalks or street pave- <br />ment which may have been displaced or damaged by it in the construction and maintenance <br />of its system, and upon failure of the Company to do so, after twenty (20) days' notice <br />in writing shall have been given by the City Manager of the City of Charlottesville, <br />Albemarle County, Virginia, to said Company, the City may repair such portion of the <br />sidewalk or street that may have been disturbed by said Company, and collect the cost so <br />incurred from said Company. Upon reasonable notice from the City Manager that an improve- <br />ment or proposed alteration of the City streets or other property used by the Company <br />hereunder, will necessitate the moving or altering, temporarily or permanently, of any <br />of the Company's equipment located pursuant to the terms hereof, such moving or altering <br />shall be done by the Company at its expense. <br />SECTION 3. That the said Company shall maintain its lines in good and safe order <br />and condition; and shall at all times fully indemnify, protect and save harmless the said <br />City from and against all claims arising from the erection, construction, or negligent <br />maintenance of its said lines. <br />SECTION 4. The City reserves the right by Ordinance or Resolution to establish any <br />reasonable regulations for the convenience, safety and protectinnof its inhabitants under <br />its police porter. The rights herein granted are subject to the exercise of the police <br />power as the same now is or may hereafter be conferred upon said City of Charlottesville, <br />Albemarle County, Virginia. <br />SECTION 5. That the said Company before proceeding to act under this Ordinance shall <br />execute a bond in the penalty of One Thousand Dollars ($1,000.00) with security to be <br />approved by the City Council, in favor of the City of Charlottesville, Albemarle County, <br />Virginia, conditioned upon maintaining in good order the telephone plant in the franchise <br />granted, and the furnishing of efficient telephone service. <br />SECTION 6. In consideration of the rights and privileges herein granted said <br />telephone company shall on demand, during the life of this franchise, provide crossarm <br />or bracket space on each pole, or space in each conduit, on or in which the City of <br />Charlottesville, Virginia, may desire to attacii either fire, police or other signal <br />vrires, for the free use of the police and fire alarm systems of the City of Charlottes- <br />ville, Virginia. <br />SECTION 7. In further consideration of the rights and privileges herein granted <br />said Telephone Company agrees to provide and maintain, free of charge to the City during <br />' the term of this franchise, twenty-five (25) free individual line telephones, or the <br />equivalent thereof, said telephones to have unlimited exchange service and be located <br />within the City Corporate Limits. The Company is to provide and maintain one (1) such <br />telephone in addition to the twenty-five (25) for each five hundred (500) telephones <br />it serves from the Charlottesville exchange over and above the number of telephones said <br />exchange was serving as of March 1, 1945. <br />SECTION 8. As an additional consideration of the rights and privileges herein <br />granted, the Company agrees to pay to the City, annually, on lay 1st of each year, an <br />' amount equal to 1.5% of the gross revenues that the Company derived from its intrastate <br />business at the Charlottesville exchange during the preceding calendar year. It is <br />understood that such payment is for and in lieu of any and all other fees, charges, <br />licenses, taxes or assessment of whatever nature to be made by the City for the privileges <br />herein granted or for the privilege of doing business within the City, except however, <br />that ti:e City may levy an annual license tax not to exceed one half of one percent of <br />the gross revenue derived by tide Company from its intrastate business at the Charlottes- <br />ville exchange, provided however, that this Section shall not be construed to exempt the <br />Company from the payment of the statutory property tax based on the value thereof. <br />SECTION 9. In the event this franchise is awarded to any other person, company or <br />corporation other than the present owner of the telephone system in said City, such <br />successful bidder shall in addition to t}ne bond re�iui.red in Section Five (5) hereof, <br />at the time such bid is accepted, execute and deliver to said City a bond, in the penalty <br />of Fifty Thousand Dollars ($50,000.00) with security to be approved by the City Council, <br />in favor of the City of Charlottesville, Albemarle County, Virginia, conditioned upon <br />having in operation a telephone system of sufficient size to provide for the telephone <br />requirements of said City, with long distance toll connections within ninety (90) days <br />after the awarding of said franchise to said party. <br />