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HomeMy Public PortalAboutORD04862 6 . SECTION 1. There is hereby ap,xopriated out of any money of the city trews ry of the city of Jef'f'erson, 1-iiissouri not otherwise appropriated in the wino unt of live H undred dollars (500.00 said sum to be paid to be paid to Howard Grisham and Orpha C. Grisham, his wife, as the purchase price of certain real estate more particularly described as follows, to-wit: Lot 1,1o, 1 and Lot No. 2 in )Block No.24 of Renns Addition, Jefferson,City, Missouri. The Mayor and Oity Clerk are hereby authorized to issue a warrant payable to Howard nrrishan and Orpha C. Grisham, his wife as herein specified. SECTION 2. -L'his ordinm ce shall take effect and be in force from and after its passaCe and approval. Filssed- Jan 6, 1947 Approved-1/7 1947 Jesse 1-1. Owens Jesse N. Owens President of the uo-,ncil Mayor *4B62 AN ORDINANCE 'vVIIEREBY THE CITY OF aEFFERSON OF THE STATE F MISSOURI AvD CAPITAL OrITY TEIEPHONE COMPAAY, A MISSO RI CORPORATION WITH HEADQ ARTERS IN THE CITY OF JEFFERSON, 1.,IISSOURI., A-13REEX TH AT THE TELEPHONE cDyPAEY SHALL COUTINUE ITS TELEPHONE SYSTEM AvD ALL BUSINESS INCI DEvTAL To OR CONDECTED WITH THE CONDUCTING OF A TEL PHONE P11D COT�UTIUV ICAT IONS 3�.SINESS AND SYSTEM IN SAID CITY, RI! D ERECT AvD MAINTAIN ITS P LANT CONSTRUCTION ANN APP1JRTENAvCEiS ALONG,, ACROSS, ON OVER, THROUGH, ABO�-E AiqD I'liNDER ALL PUBLIC STREETS, AVEERJES,, ALLEYS, PUBLIC GROUNDS AnD PLACES IN SAID CITY AND REPEALING ALL ORDINAOCES AvY AGREEYLII,.ITS IN CONFLICT HE".­EIRITH. WHE;REAS, Capital Oity Telephone Company, hereinafter referred to as ?I Telephone Company",, under charter and license of the State of Missouri, is now an d. has been engaged in the telephone and coin- municati3ns business in said State, and in furtherance thereof has Precte and amintained certain items of its plant construction in the Uity of Jefferson., State of Missouri ., hereinafter referred to as "City",, for many years pursuant to such rights as have granted it by an d 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 6ity, and WHEREAS., the V ity has heretofore consented that said Telephone Company shall operatO 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 an(7 that a contract ordinance shall be enacted establishing the terms and regula- tions under which said Telephone tJompany shall continue its opera- tion in said ity, NOW., THEREFORE, BE IT ORDAIIiED BY THE COUNCIL OF THE CITY OF JEFFERSCN, STATE OF MISSOURTp AS FOLLOWS: Section 1. Capital ki ity Telephone Company, its successors and assigns (herel-n referred to as "Telephone Company") shall continue to operate its telephone system and all business incidental to or con- nected with the conducting of a telephone and communications busi- ness and system in the City of Jefferson, State of Missouri, (herein re- ferred to as "City". ) The plant construction., equipment axidappurtenance used In or incident to the rendering of telephone arid communi cations service and to th, maintenance,.,of a telephone business and system stern by the Telephone Company in said ity shall remain as now constructed subject to such changes as may bn deemed necessary by the City in the exercise of its Inherent powers arid by the Telephone Company in the condi:.ct of its business, and said Telephone Company shall continue its rights to place, remove, construct and reconstruct, extend end main- taLn its said plant eq iprient and app urtenances as the business for which it is Incorporated may from time to time r,-:q uire, along across, on over, throu,-h above and under all public streets aven es, alleys and public grounds and places within the limits of said City as the same frcm tine to time may be establsshed. Section 2. 'ihe Telephone 'orripany, its successors and assigns shall furnish to the �'ity of Jefferson for ity purposes ,at the ex- pense of the "ompany m d free of cost or tharge to the 'A'ity, three telephones properly connected with the Telephone Exchange in said City for the first one hundred subscribers to the service of the Telephone Company, and one additional telephone for each additional o ne h-ndred subscribers to the service of the Company, a�� ordered by the �;ity Cguncil. All business telephones ordered by 'the ity Cou ncil for ity purposes shall be direct line seevice and ail residence telephones so ordered shall be party line service, it being expressly :.,nderstood that the furnishing of said telephone service at the order of the City as a`)ove set out is to be in lieu of all other licenses, charges, fees or impositions (other than the gen- eral or special ad valorem taxes and 'ark -''und license tax provided. o for in Ordinance Re, 4333 effective August 1, 194C) which might n, be imposed by the ity under authority conferred by law. m a� Section 3. The Telephone Company, on the request of any person, shall remove, or raise or lower its wires tempoarily to permit the moving of houses or other structures ari,: the expense of 0 0 said temporary removal, or raising or lowering of wires shall be H m paid by the parties requesting the same and the Company may re- 0 0 quire such payment in advance. The Telephone Company shall be given ►' not less than forty eight hours advance notice to arrange for such oo 4 temporary wire changes. 13 0 0 � Section 4. "henever any street, avenuem alley, bridge or `s .q public place, upon which or under which any poles, wires or other 0H equipment of the Telephone Company have been placed shall be graded, curbed, paved or otherwise changed so as to make the re- .- � setting or reconstruction of such poles or the relocation of such U poles, wires and other equipment necessary, the Telephone Company, 0 its successors or assigns shall make such necessary changes in con- .H h, 0 43 struction and the cost of said changes shall be Baid one half by the said Telephone company and one half by the s&t4 ity. PROVIDED, HOWEVER. That before the Telephone Company installs any poles, ,so-' 0 wires or other eq?�ipment the Telephone Company shall first apply to ,U w the ity Co.�ncil fc:r° the establishment of permanent vrad.es, curb v �+ lines and didewalk lines unless permanent grades, curb lines and 4.) side walk lines ah ve already been established, and then shall in- stall such poles, wires, and other eq ipment in accordance frith sucit +' permanent grades and lines. The Uity agrees to promptly establish o A such permanent grades and lines upon such aaplication and the t) «� Telephone Coinpany reserves the right to withhold installation of O A poles, wires and other equipment unless such grades and lines have m r, been established. m p Section 5. I'l-a vity of Jefferson shall at any and all times H gi have free orivilege and" se of the poles erected by said Telephone as a Company for telep-,hone p rposes for the maintenance of a fire alarm, m V m patrol system m d electric traffic signal s-;stem, so long as hhe 0 +) said fire alarm, patrol, system and electric traffic signal system 0 p, or any part thereof does riot interfere with the efficienty of the�0 -H said Telephone System,��rrd -thrr, Te one -ompany"3s riot to 'Ie or responsible for any danage occuring by accident or ttherwise on aaceount of insl.:fficient construction of said fire alarm, patrol system and electric traffic siginal system, the same to be constructed by the ity upon its resporisibility at its own cost for its own X purposes. If at any time it should be necessary for the Telephone Company, becase 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 preper stadard electrical clearances for the various circuits, the ity shall stet d the cost to the Telephone Uor-pany 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 pon an6 over-hanging the streets, alleys, sidewalks and p-blic p1a cas in said City so as tD prevent brM ches of said trees fro," eor,;ing into contact with trIve m d cable of the Company, all of the trimming to be done under the si.pervision and