1948 ORDINANCES - Laserfiche WebLink

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34 SECTION 1. THAT ALL POLES ERECTED BY SAID COMPANY SHALL BE NEAT AND SYMMETRICAL, AND BE SO LOCATED AS IN NO WAY TO INTERFERE WITH THE SAFETY OR CONVENIENCE OF PERSONS TRAVELING OR OR OVER THE SAID STREETS, ALLEYS, HIGHWAYS AND OTHER PUBLIC PLACES. SECTION 2. THAT THE ERECTION OF POLES BY VIRTUE OF THIS ORDINANCE SHALL BE SUBJECT TO THE SUPERVISION OF THE CITY MANAGER OR SOME OTHER REPRESENTATIVE APPOINTED BY SAID COUNCIL, AND SAID COMPANY SHALL REPLACE AND PROPERLY RELAY ANY SIDEWALKS OR STREET PAVE- MENT WHICH MAY HAVE BEEN DISPLACED OR DAMAGED BY IT IN THE CONSTRUCTION AND MAINTENANCE OF ITS SYSTEM, AND UPON FAILURE OF THE COMPANY TO DO SO, AFTER TWENTY (20) DAYS' NOTICE IN WRITING SHALL HAVE BEEN GIVEN BY THE CITY MANAGER OF THE CITY OF CHARLOTTESVILLE, ALBEMARLE COUNTY, VIRGINIA, TO SAID COMPANY, THE CITY MAY REPAIR SUCH PORTION OF THE SIDE- WALK OR STREET THAT MAY HAVE BEEN DISTURBED BY SAID COMPANY, AND COLLECT THE COST SO INCURRED FROM SAID COMPANY. UPON REASONABLE NOTICE FROM THE CITY MiANAGER THAT AN IMPROVE- MENT OR PROPOSED ALTERATION OF THE CITY STREETS OR OTHER PROPERTY USED BY THE COMPANY HEREUNDER, WILL NECESSITATE THE MOVING OR ALTERING, TEMPORARILY OR PERMANENTLY, OF ANY OF THE COMPANY'S EQUIPMENT LOCATED PURSUANT TO THE TERMS HEREOF, SUCH MOVING OR ALTERING SHALL BE DONE BY THE COMPANY AT ITS EXPENSE. SECTION 3. THAT THE SAID COMPANY SHALL MAINTAIN ITS LINES IN GOOD AND SAFE ORDER AND CONDITION; AND SHALL AT ALL TIMES FULLY INDEMNIFY, PROTECT AND SAVE HARMLESS THE SAID CITY FROM AND AGAINST ALL CLAIMS ARISING FROM THE ERECTION, CONSTRUCTION OR NEGLIGENT MAIN- TENANCE OF ITS SAID LINES. SECTION 4. THE CITY RESERVES THE RIGHT BY ORDINANCE OR RESOLUTION TO ESTABLISH ANY REASONABLE REGULATIONS FOR THE CONVENIENCE, SAFETY AND PROTECTION OF ITS IN- HABITANTS UNDER ITS POLICE POWER. THE RIGHTS HEREIN GRANTED ARE SUBJECT TO THE EX- ERCISE OF THE POLICE POWER AS THE SAME NOW IS OR MAY HEREAFTER BE CONFERRED UPON SAID CITY OF CHARLOTTESVILLE, ALBEMARLE COUNTY, VIRGINIA. SECTION 5. THAT THE SAID COMPANY BEFORE PROCEEDING TO ACT UNDER THIS ORDINANCE SHALL EXECUTE A BOND IN THE PENALTY OF ONE THOUSAND DOLLARS ($1,000.00) WITH SECURITY TO BE APPROVED BY THE CITY COUNCIL, IN FAVOR OF THE CITY OF CHARLOTTESVILLE, ALBEMARLE COUNTY, VIRGINIA, CONDITIONED UPON MAINTAINING IN GOOD ORDER THE TELEPHONE PLANT IN THE FRANCHISE GRANTED, AND THE FURNISHING OF EFFICIENT TELEPHONE SERVICE. SECTION 6. IN CONSIDERATION OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED SAID TELEPHONE COMPANY SHALL ON DEMAND, DURING THE LIFE OF THIS FRANCHISE, PROVIDE GROSSARM OR BRACKET SPACE ON EACH POLE, OR SPACE IN EACH CONDUIT, ON OR IN WHICH THE CITY OF CHARLOTTESVILLE, VIRGINIA, MAY DESIRE TO ATTACH EITHER FIRE, POLICE OR OTHER SIGNAL WIRES, FOR THE FREE USE OF THE POLICE AND FIRE ALARM SYSTEMS OF THE CITY OF CHAR- LOTTESVILLE, VIRGINIA. SECTION 7. IN FURTHER CONSIDERATION OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED SAID TELEPHONE COMPANY AGREES TO PROVIDE AND MAINTAIN, FREE OF CHARGE TO THE CITY DURING THE TERM OF THIS FRANCHISE, TWENTY-FIVE (25) FREE INDIVIDUAL LINE TELEPHONES, OR THE EQUIVALENT THEREOF, SAID TELEPHONES TO HAVE UNLIMITED EXCHANGE SERVICE AND BE LOCATED WITHIN THE CITY CORPORATE LIMITS. THE COMPANY IS TO PROVIDE AND MAINTAIN ONE (1) SUCH TELEPHONE IN ADDITION TO THE TWENTY-FIVE (25) FOR EACH FIVE HUNDRED (500) TELEPHONES IT SERVES FROM THE CHARLOTTESVILLE EXCHANGE OVER AND ABOVE THE NUMBER OF TELEPHONES SAID EXCHANGE WAS SERVING AS OF LIARCH 1, 1945. SECTION 8. AS AN ADDITIONAL CONSIDERATION OF THE RIGHTS AND PRIVILEGES HEREIN GRANTED, THE COMPANY AGREES TO PAY TO THE CITY, ANNUALLY, ON MAY IST. OF EACH YEAR, AN AMOUNT EQUAL TO 1.5' OF THE GROSS REVENUES, THAT THE COMPANY DERIVED FROM ITS INTRASTATE BUSINESS AT THE CHARLOTTESVILLE EXCHANGE DURING THE PRECEDING CALENDAR YEAR. IT IS UNDERSTOOD THAT SUCH PAYMENT IS FOR AND IN LIEU OF ANY AND ALL OTHER FEES, CHARGES, LICENSES, TAXES OR ASSESSMENT OF WHATEVER NATURE TO BE MADE BY THE CITY FOR THE PRIVILEGES HEREIN GRANTED OR FOR THE PRIVILEGE OF DOING BUSINESS WITHIN THE CITY, EXCEPT HOWEVER, THAT THE CITY MAY LEVY AN ANNUAL LICENSE TAX BASED ON THE GROSS REVENUE DERIVED BY THE COMPANY FROM ITS INTRASTATE BUSINESS AT THE CHARLOTTESVILLE EXCHANGE, SUBJECT TO LIMITATIONS AS PROVIDED BY GENERAL LAW, PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT BE CONSTRUED TO EXEMPT THE COMPANY FROM THE PAYMENT OF THE STATUTORY PROPERTY TAX BASED ON THE VALUE THEREOF. SECTION 9. IN THE EVENT THIS FRANCHISE IS AWARDED TO ANY OTHER PERSON, COMPANY OR CORPORATION OTHER THAN THE PRESENT OWNER OF THE TELEPHONE SYSTEM IN SAID CITY SUCH SUCCESSFUL BIDDER SHALL IN ADDITION TO THE BOND REQUIRED IN SECTION FIVE (5� HEREOF, AT THE TIP�E SUCH BID IS ACCEPTED, EXECUTE AND DELIVER TO SAID CITY A BOND, IN THE PENALTY OF FIFTY THOUSAND DOLLARS 0,000.00) WITH SECURITY TO BE APPROVED BY THE CITY COUNCIL, IN FAVOR OF THE CITY OF CHARLOTTESVILLE, ALBEMARLE COUNTY, VIRGINIA, CON- DITIONED UPON HAVING IN OPERATION A MODERN DIAL TELEPHONE SYSTEM OF SUFFICIENT SIZE TO PROVIDE FOR THE TELEPHONE REQUIREMENTS OF SAID CITY, WITH LONG DISTANCE TOLL CONNECTIONS WITHIN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF SAID FRANCHISE. SECTION 10. NOTHING IN THIS FRANCHISE SHALL BE CONSTRUED TO MEAN THAT THIS IS AN EXCLUSIVE FRANCHISE, AS THE CITY COUNCIL RESERVES THE RIGHT TO GRANT ADDITIONAL TELE- PHONE FRANCHISES TO OTHER PARTIES. SECTION 11. THIS ORDINANCE AND FRANCHISE SHALL BE EFFECTIVE ON MARCH 19, 19503, PROVIDED THE SUCCESSFUL BIDDER SHALL HAVE ACQUIRED AND INSTALLED AN ADEQUATE MODERN DIAL TELEPHONE EXCHANGE IN THE CITY OF CHARLOTTESVILLE, READY FOR OPERATION ON OR BE- FORE THAT DATE, ADOPTED BY THE COUNCIL f'VlARCH 16, 1948. AYES: MR. ADAMS, UIR. GLEASON, f'Y ',ASH AND MR. lilATSON NOES LERK PRESIDENT • • • 1