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HomeMy Public PortalAboutORD09666 ;f �i BILL NO. � INTRODUCED BY COUNCILMAN ORDINANCE NO. � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , GRANTING A FRAN- CHISE TO THE UNITED TELEPHONE COMPANY OF MISSOURI, A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF MISSOURI, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAIN- TAIN , AND OPERATE A TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF A TELEPHONE AND COMMUNICA- TIONS BUSINESS AND SYSTEM IN SAID CITY, AND TO ERECT AND MAINTAIN ITS PLANT AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC GROUNDS AND PLACES IN SAID CITY AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH. WHEREAS, United Telephone Company of Missouri, hereinafter refer- red to as "Telephone Company," a corporation duly organized and existing under the laws of the State of Missouri, is now and has been engaged in the telephone and communications business in said State, and in furtherance thereof has erected and maintained certain items of its plant construction in the City of Jefferson, State of Missouri, hereinafter referred to as "City," for many years pursuant to such rights as have been granted it by and under laws of the State of Missouri, and subject to the exercise of such reasonable rights and regulations as are inherent under the laws to said City, and WHEREAS, the City has heretofore consented that said Telephone Company shall operate in said City, and it being to the mutual advantage of both said City and said Telephone Company that said Company shall continue its operations within the said City and that a ifranchise ordinance shall be enacted establishing the terms and regula- r tions under which said Telephone Company shall continue its operation in said City, and WHEREAS, Telephone Company has duly complied with all the provisions of the laws of the State of Missouri, and with all ordinances of Municipality with reference to the obtaining of such right, privilege and authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: , Section 1. Grant of Franchise. Pursuant to the laws of the State of Missouri and in particular sections 392.08 and 392.090, RSMo 1978, as amended, the franchise, right, permission, and authority be, and the same are hereby granted to the Telephone Company, its successors and assigns, to construct, maintain, and operate a telephone system and all business incidental to or connected with the conducting of a telephone and communications business and system in the City of Jefferson, Missouri. The plant, construction, equipment, and appurtenances used in or incident to the rendering of telephone and communications service and to the maintenance of a telephone business and system by the Telephone Company in the City shall remain as now constructed subject 1 l t to such changes as may be deemed necessary by the City in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, the Telephone Company shall continue to exercise its rights to place, remove, construct and reconstruct, extend and maintain its said plant equipment and appurtenances as the business for which it is incorporated may from time to time require, along, across, on, over, through, above, and under all public streets, avenues, alleys, and public grounds and places within the limits of said City as the same from time to time may be established. Section 2. Police Powers. The Telephone Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide. Section 3. Restoration of Streets. All poles, conduits, wires, fixtures, guys, services, appurtenances, and accessory equipment, instal- led or erected pursuant to this ordinance shall be so located on streets, alleys, avenues, bridges and other public places under such supervision as said City may from time to time provide so as not to unnecessarily damage any pavements, sidewalks, drains, sewers or other like improve- ments. If damage occurs the Telephone Company shall restore the damaged pavements, sidewalks, drains, sewers, waterpipes, and other public places to the same condition prior to the disruption. All ® necessary work shall be done with due and reasonable dispatch and with the least practicable interference with the rights of the public. The City may refill, repave, and restore said streets, alleys, and public ways in case of neglect of the Telephone Company. The cost thereof, including the costs of inspection and supervision, shall be borne by the Telephone Company. Section 4. Company Shall Bear Costs Upon Grade Change; May Apply for Permanent Grade. When any street, avenue, alley, bridge, or public place, upon which and in which any poles, services, or other equipment of said Telephone Company have been placed, shall be graded, curbed, paved, or otherwise changed so as to make the -2- resetting or reconstruction of such poles or the relocation of such ® services necessary, the Telephone Company, its successors, and assigns shall make such necessary change in construction at the Telephone Company's cost; provided, that before said Telephone Company installs any plant or other equipment hereunder, it shall first apply to the City Council for the establishment of permanent grades, curb lines, and sidewalk lines unless permanent grades, curb lines, and sidewalk lines have already been established, and then shall install such poles, services, and other equipment in accordance with such permanent grades and lines. The City agrees to promptly establish such permanent grades and lines upon such application, which shall not be changed except upon reasonable and substantial need. The Telephone Company shall not be required to install permanent fixtures, poles, and other equipment until such grades and lines shall have been established. Section 5. Movement of buildings. In case any person desires to move a building along streets, avenues, alleys, or public places crossed by the wires of said Telephone Company, and in case it becomes necessary to have said wires temporarily raised or removed for the purpose of the passage of such buildings, Telephone Company shall be entitled to forty-eight (48) hours' notice in writing to that effect. When such notice has been received by said Telephone Company, and upon payment of a reasonable cost resulting from the removing, changing, and replacing of such wires by the person desiring such move, it shall be the duty of Telephone Company to remove or raise such wires so as to permit the passage of such building. Telephone Company shall not be required to make such change or removal except at a reasonable time. Section 6. Company to Indemnify City_. Said Telephone Company shall indemnify and hold said City, its officers, boards, commissions, committees, agents, and employees harmless from any and all claims and damages due to negligence, alleged or otherwise, on the part of said Telephone Company or its employees in the construction, maintenance, and operation of such poles, lines, equipment, and other related services. -3- Section 7. Undergrounding Downtown Area. During the term of the franchise right, permission, and authority granted by this ordinance, said Telephone Company shall cooperate with said City and other utilities in an effort to conform to the City' s goal of undergrounding all utility facilities in the downtown area. For the purposes of this section, the definition of downtown area shall be that area bounded on the north by the Missouri River, on the east by Jackson Street, on the south by the Rex M. Whitton Expressway, and on the west by Mulberry Street. Said Telephone Company shall file with said City within six months its plans for construction activity in the downtown area for the next ten years and shall file annual updates to such plans. Section 8. Fire, Patrol, and Traffic Systems Use of Poles. The City of Jefferson shall at any and all times have free privilege and use of the poles erected by said Telephone Company for the construction and maintenance of a fire alarm system, patrol system, and/or electric traffic signal system. Said systems or any part thereof shall not interfere with the efficiency of the said telephone system, and shall be constructed by said City in conformity with the National Electric Code. The Telephone Company shall not be liable for any damage on account of insufficient construction of said fire alarm system, patrol system, and/or electric traffic signal system. If the Telephone Company replaces any of its poles in order to provide proper standard electrical clearances for the various circuits, the City shall pay the Telephone Company the undepreciated portion of the life of the pole or poles replaced. Section 9• Tree Trimming. Permission is hereby granted to the Telephone Company to trim trees upon and over-hanging the streets, alleys, sidewalks, and public places in said City so as to prevent branches of said trees from coming into contact with wire and cable of the Company, all of the trimming to be done under the supervision and direction of any City Official to whom said duties may be delegated, and at the expense of the Telephone Company. -4- Section 10. Term. All rights and privileges granted by this ordinance are granted for a term of twenty (20) years from and after the acceptance of this ordinance as hereinafter provided. Section 11. Written Acceptance by Company. After the passage, approval, and ratification of this ordinance, and within thirty (30) days after such ratification, this ordinance shall be accepted by said Telephone Company by filing an unconditional written acceptance with the City Clerk of said City. Unless the proper acceptance has been filed within thirty (30) days, this ordinance shall be null and void. Section 12. Abridgement or Termination of Franchise. A. Termination. Should said Telephone Company fail, neglect or Ask refuse to perform or to comply with any of the conditions or terms of this ordinance, then this ordinance shall become null and void, and the privileges granted hereby shall terminate. Provided, however, that in the event of such failure, neglect, or refusal, said Telephone Company shall first be notified in writing by said City of its default. Upon receipt of such notice, if the Telephone Company remedies such failure, neglect, or refusal within a reasonable time, this ordinance and the privileges granted hereby shall continue in full force and effect. B. Abridgement. Should the Council find a violation of this franchise, but not of sufficient gravity to require termination, or if the ® Council determines that termination would not serve the public health, safety, and welfare, the Council shall notify the Telephone Company in writing of the alleged violation, and the Telephone Company upon receipt of such notice, shall have the opportunity to remedy such violation within a reasonable time. Should the Telephone Company fail to remedy the alleged violation, the City Council may abridge the term of the franchise. For each offense or violation the Council may abridge the term of the franchise for a period of time not less than thirty (30) days but not more than 180 days. Each day' s violation of this section may be considered a separate offense. Abridgement of the franchise term: -5- 1, 1 1. Shall be made by resolution; which resolution shall state the findings and conclusions of the Council. 2. Shall be cummulative and irrevocable. 3. Upon passage of a resolution, the abridgement term shall be subtracted from the term of the franchise and a new termination date established. C. Disposition of the Facilities. In the event a franchise expires, is revoked, or otherwise terminated, the City may order the removal of the system facilities from the City within a reasonable period of time as determined by the City. The City may authorize the Telephone Company to maintain and operate its network until a subsequent telephone company is selected. In removing its plant, structures, and equipment, ® all City streets, easements, and other rights of way shall be returned to their original condition with costs to be assumed by the Telephone Company. Section 13. Non-Franchised User, Violation. Should the Telephone Company be notified in writing by the City that an entity is utilizing streets, easements, and rights of way of the City and the poles, conduits, or facilities of the Telephone Company without being properly franchised or licensed by the City, then the Telephone Company shall take all legal steps necessary to deny the said non-franchise entity from utilizing or having access to streets, easements, and other public ® rights of way of the City and the poles, conduits, and plant of the Telephone Company. Section 14. Successors and Assigns. All provisions of this ordinance which are obligatory upon, or which inure to the benefit of said United Telephone Company of Missouri, shall be obligatory upon and shall inure to the benefit of all successors and assigns of said United Telephone Company of Missouri, and the words "Telephone Com- pany" wherever used in this ordinance shall include and be taken to mean not only the United Telephone Company of Missouri, but all successors and assigns of said United Telephone Company of Missouri. -6- 1 h Section 15. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 16. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent pro- vision, and such holdings shall not effect the validity of the remaining portions hereof. Section 17. This ordinance shall be in full force and, effect from and after its passage and approval. Passed o.. e_...Qt-) $ • /900/ Approved l esident of the Cou it Mayor PR TEY% ATTEST City Clerk Accepted by: William D. Logan United Telephone Company of issour VICE PRESIDENT ATTEST Asst. Secretary }