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Home My Public Portal AboutORD07118 1 i f i VN% • ORDINANCE NO. 7118 AN ORDINANCE REPEALING ORDINANCE NO. 4862 OF THE CITY OF JEFFERSON, MISSOURI, RELATING TO THE OPERATION OF THE CAPITAL CITY TELEPHONE COMPANY WITHIN SAID CITY AND ENACTING A NEW ORDINANCE WHEREBY THE CITY OF JEFFERSON OF THE STATE OF MISSOURI AND CAPITAL CITY TELEPHONE COMPANY, A MISSOURI CORPORATION WITH HEADQUARTERS IN THE CITY OF JEFFERSON, MISSOURI, AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF A TELEPHONE AND COMMUNICATIONS BUSINESS AND SYSTEM IN SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH. WHEREAS, Capital City Telephone Company, hereinafter referred to as "Telephone Company", under charter and license of the State of Missouri, is now and has been engaged in the telephone and communications business in said Stave, 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 contract ordinance shall be enacted establishing the terms and regulations under which said Telephone Company shall continue its operation in said City, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, da MISSOURI, AS FOLLOWS: Section 1. Ordinance No. 4862 of the City of Jefferson, Missouri, relating to the operation of the Capital City I . Telephone Company within the City of Jefferson, Missouri , be, and the same is hereby, repealed. Section 2. Capital City Telephone Company, its successors and assigns (herein referred to as "Telephone Company") shall continue to operate its 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, State of Missouri, (herein referred to as "City") . 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 said City shall remain as now constructed subject 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, and said 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 street, avenues, alleys and public grounds and places within the limits of said City as the same from time to time may be established. Section 3. The Telephone Company, on the request of any person, shall remove, or raise or lower its wires temporarily to permit the moving of houses or other structures and the expense of said temporary removal, or raising or lowering of wires shall be paid by the parties requesting the same and the Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. -2- Section 4. Whenever any street, avenue, alley, bridge +� or public place, upon which or under which any poles, wires or other equipment of the Telephone Company have been placed shall be graded, curbed, paved or otherwise changed so as to make the resetting or reconstruction of such poles or the relocation of such poles, wires and other equipment necessary, the Telephone Company, its successors or assigns shall make such necessary changes in construction and the cost of said changes shall be paid one-half by the said Telephone Company and one-half by the said City. PROVIDED, HOWEVER, That, before the Telephone Company installs any poles, wires or other equipment.. the Telephone Company 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, wires, 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 and the Telephone Company reserves the right to withhold installation of poles, wires and other equipment unless such grades and lines have been established. Section 5. The City of Jefferson shall at any and all times have free privilege and use of the poles erected by said Telephone Company for telephone purposes for the maintenance of a fire alarm) patrol system and electric traffic signal system, so long as the said fire alarm, patrol system, and electric traffic signal system or any part thereof does not interfere with the efficiency of the said telephone system, and shall be sa.,:constructed by said City so as not to interfere in any manner with the efficiency and ability of the said telephone s stem, and the Telephone Company is not to be P Y P PAY liable or responsible for any damage occuring by accident or -3- otherwise on account of insufficient construction of said fire alarm, patrol system and electric traffic signal system, the same to be constructed by the City upon its responsibility at its own cost for its own purposes. If at any time it should be necessary for the Telephone Company, because of use of its poles by the City for fire alarm, patrol system, or traffic signal system, to replace any of its poles in order to provide proper standard electrical clearances for the various circuits, the City shall stand the cost to the Telephone Company of the undepreciated portion of the life of the pole or poles replaced. Section 6. 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. Section 7. Nothing is this Ordinance contained shall be construed to require or permit any electric light or power ® line attachment by the City or for the City. If electric light or power line attachments are desired by the City of for the City, then a separate non-contingent agreement shall be a prerequisite to such attachments. Section 8q . This Ordinance shall be in full force and effect for a period of twenty years from and after its passage and approval and acceptance by the Company. Section 9. The telephone Company shall within thirty days from and after the passage and approval of this Ordinance file its written acceptance with the City Clerk and upon such acceptance being filed this Ordinance shall be considered as -4- operative and being in effect from and after its passage and approval by the Mayor. Passed: August �7 1961 Approved: A&u ,ust 8 19, 61� a_za_� .Q . . . President of the C it Mayor C. F. WHALEY C, F, WH ALEY Attest s Citrf Clerk HAROLD B. BAKZR, J City Clerk ..5.,