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339 <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 in <br />writing shall have been given by the City Manager of the City of Charlottesville, Albemarle <br />County, Virginia, to said Company, the City may repair such portion of the sidewalk or <br />street tnat may have been disturbed by said Company, and collect the cost so incurred from <br />said Company. Upon reasonable notice from the City Manager that an improvement or proposed <br />alteration of the City streets or other property used by the Company hereunder, will <br />necessitate the moving or altering, temporarily or permanently, of any of the Company's <br />equipment located pursuant to the terms hereof, such moving or altering shall be done by <br />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 J+. The City reserves the right by Ordinance or Resolution to establish any <br />reasonable regulations for the convenience, safety and protection of its inhabitants under <br />its police power. 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 rightsand privileges herein granted said telephone <br />company shallop demand,during the life of this franchise, provide crossarm or bracket space <br />on each pole, or space in each conduit, on or in which the City of Charlottesville, Virginia, <br />may desire to attach either fire, police or other signal wires, for the free use of the <br />police and fire alarm systems of the -City of Charlottesville, Virginia. <br />SECTION ?. In further consideration of the rights and privileges herein granted said <br />Telephone Company agrees to provide and maintain, free of charge to the City during the term <br />of this franchise, twenty-five (25) free individual line telephones, or the equivalent <br />thereof, said telephones to have unlimited exchange service and be located within the City <br />Corporate limits. The Company is to provide and maintain one (1) such telephone in addition <br />to the twenty-five (25) for each five hundred (500) telephones it serves from the Charlottes- <br />ville exchange over and bbove the number of telephones said exchange was serving as of <br />March 1, 1945 <br />SECTION g. As an additional consideration of the rights and privileges herein granted, <br />the Company agrees to pay to the City, annually, on May 1st of each year, an.amount equal <br />to 1.50 of the gross revenues that the Company derived from its intrastate business at the <br />Charlottesville exbhange during the preceding calendar year. It is understood that such <br />payment is for and in lieu of any and all other fees, charges, licenses, taxes or assessment <br />of whatever nature to be made by the City for the privileges herein granted or for the <br />privilege of doing business within the City, except however, that the City may levy ark <br />annual license tax not to exceed one half of one percent of the gross revenue derived by <br />the Company from its intrastate business at the Charlottesville exhhange, provided however, <br />that this section shall not be construed to exempt the Company from the payment of the <br />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 success- <br />ful bidder shall in addition to the bond required in Section Five (5) hereof, at the time <br />such bid is accepted, execute and deliver to said City a bond, in the penalty of Fifty <br />Thousand Dollars ($50,000.00) with security to be approved by the City Council, in favor of <br />the City of Charlottesville, Albemarle County, Virginia, conditioned upon having in operation <br />a telephone system of sufficient size to provide for the telephone requirements of said City, <br />with long distance toll connections within ninety (90) days after the awarding of said <br />franchise to said party. <br />SECTION 10..Nothing in this <br />franchise shall be construed to mean that this <br />is an <br />exclusive franchise, as the City <br />Council reserves the right to grant additional <br />telephone <br />franchises to other parties. <br />SECTION 11. This Ordinance <br />and Franchise shall be in effect from date bid <br />accepted <br />and final passage. <br />PASSED FOR BIDS FEBRUARY 5, 1945 <br />BID ACCEPTED, FINAL PASSAGE AND APPROVAL March <br />19, 1945 <br />ATTEST: <br />r, f Mayor <br />Clerk <br />