HomeMy Public PortalAboutOrdinances-1978-76 (2) •
ORDINANCE NO. 76=1978
AN ORDINANCE GRANTING TO GENERAL TELEPHONE
COMPANY OF THE MIDWEST, A CORPORATION, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE
TO ACQUIRE, CONSTRUCT, ,RECONSTRUCT, MAINTAIN,
EXTEND AND OPERATE IN, UPON, THROUGH, OVER,
UNDER, ALONG AND ACROSS THE PUBLIC STREETS, -
ALLEYS, HIGHWAYS AND OTHER PASSAGEWAYS OR
PUBLIC GROUNDS OF OR IN THE CITY OF Tiffin
, IOWA, THE LINES, POLES, WIRES, STUBS;
ANCHORS, CABLES, VAULTS, LATERALS, CONDUITS AND
OTHER FIXTURES,. EQUIPMENT AND FACILITIES CON-
STITUTING A TELEPHONE PLANT OR SYSTEM NECESSARY
OR CONVENIENT FOR SUPPLYING TELEPHONE SERVICE
AND COMMUNICATION BY TELEPHONE OR OTHER
ELECTRICAL DEVICE, AND FOR CONDUCTING A GENERAL
TELEPHONE BUSINESS, LOCAL AND LONG DISTANCE, IN -
AND ABOUT SAID MUNICIPALITY FOR A TERM OF TWENTY=
FIVE YEARS; PRESCRIBING THE CONDITIONS OF. THE GRANT,
AND PROVIDING FOR THE PROTECTION THEREOF.
`—", BE IT ORDAINED- BY THE CITY COUNCIL OF THE CITY OF
Tiffin , IOWA: -
-- Section 1. GENERAL TELEPHONE-COMPANY-OF THE MIDWEST,
a corporation, its successors and assigns (hereinafter referred to as "Grantee" ),
is hereby granted a franchise for a.period of twenty-five (25) years from the
effective date of this ordinance to acquire, construct, reconstruct, maintain,
extend and operate such telephone plant or system and such facilities thereof,
including lines, poles, wires, stubs, anchors, cables, vaults, laterals, _con-
duits and other fixtures and equipment in, upon, through, over, under, along
and across the public streets, alleys, highways and other passageways or public
grounds of or in the corporate limits of the city of Tiffin
Iowa (hereinafter referred to as "Municipality"), as now or hereafter established, -
as may be necessary and/or convenient for supplying to the citizens of the
municipality, to adjacent rural areas and to the public at large telephone service,
local, and long distance, and communication by telephone.or other electric sig- -
nals, and for the conduct of a general telephone business therein.
Section 2. Grantee's rights and privileges in the public ways and
grounds of the municipality shall be exercised as follows:
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a) Locations of its existing system are hereby approved; changes
of location, additions or extensions thereto affecting public
grounds or ways shall be under the supervision of Municipality's
street committee or such other officer or officers as may be
designated by the Mayor and Council for that purpose.
b) The installations of Grantee shall be so placed and the servicing
and operation thereof so performed as to not unreasonably inter-
fere with ordinary travel on the public ways or with ingress to
• or egress from public or private property. ,
c) Grantee may make excavations in public grounds or ways, and
may take up such portions of pavement or sidewalk as it deems
necessary_for the installation, maintenance, replacement or
removal of its facilities. Excavations so made -shall be refilled
and surfacing thus disturbed shall be restored to as reasonably
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good condition as before.
d) Grantee shall permit Municipality to attach to its poles its fire
and/or police wires and apparatus incident thereto - such attach-
ments to be made under the direction and supervision of Grantee
and so made and maintained as not to interfere with Grantee's
use of said poles.
Section -3. Grantee shall accommodate public or private necessity
to move along or across public ways'or grounds of the municipality vehicles
or structures, other than parade components, of such height or size as to
interfere with its poles and/or, wires erected hereunder and shall temporarily
remove or adjust the same to permit such passage provided:
a) Written notice thereof shall be served upon Grantee's agent or
manager at Grinnell Iowa, not less than forty-eight
'48) hours in advance of the time set for the proposed passage;
b) Grantee be paid in advance the actual cost of such accommodation.
Section 4: = Grantee shall indemnify Municipality against loss from
claims or "causes of action arising out of its construction, reconstruction,.
maintenance oro ,eration of the installations herein authorized. .
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Section 5. It shall be unlawful for any person to injure, destroy
or deface any property of Grantee lawfully installed and maintained hereunder
or to post bills or signs thereon. A violation of this section shall constitute
a misdemeanor and be punishable by a ,fine-of not more than one hundred
,dollars or imprisonment in jail not to exceed thirty days. `"
Section 6. Ordinances or parts of ordinances in conflict herewith are
hereby repealed. t
Sectiona7. A determination that any part of this ordinance is invalid
shall not affect remaining portions or provisions hereof. _
. Section 8. Grantee shall pay_the costs of publishing this ordinance and
and of conducting' the election thereon required bylaw.
Section 9. This ordinance shall become effective:
a) Upon its approval by a majority of the legal electors of the munic-
ipality voting thereon;
b) The publication thereof required by law:
c) Grantee's written acceptance of same filed with the. City Clerk; and
d) Grantee's payment of the costs of the election, including costs of
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notice.
PASSED and ADOPTED by the, City Council of the city of Tiffin
, Iowa, this 24th day of May , 19. 78 -
ATTEST:
MAYOR • _
City Clerk
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