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HomeMy WebLinkAboutORDINANCE 251-64C ORDINANCE NO.251 AN ORDINANCE GRANTING CERTAIN RIGHTS TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY,ITS SUCCESSORS AND ASSIGNS,IN THE TOWN OF E$TES PARK,STATE OF COLORADO,AND IMPOSING CERTAIN REGULATIONS AND PROVIDING PENALTI FOR THE VIOLATIONS THEREOF. BE IT ORDAINED BY THE BOARD OF US TEES OF THE TOWN OF ESS PARK,COLORADO: Section 1.Grant of Authority.There is hereby granted by the Town of Estes Park,Colorado,hereinafter called the “Town”,to The Mountain States Telephone and Telegraph Company,hereinafter called the “Company”,its successors and assigns,the right and privilege to construct, erect,operate and maintain,in,upon,along,across,above, over and under the streets,alleys,public ways and public places now laid out or dedicated,and all extensions thereof, and additions thereto,in said Town,poles,wires,cables, underground conduits,manholes and other telephone fixtures necessary or proper for the maintenance and operation in said Town of a telephone exchange and lines connected there with;provided,however,that no poles or other fixtures shall be placed where the same will interfere with any gas lamp,electric light,water hydrant or water main,and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line,and those placed in alleys shall be placed close to the line of the lot abutting on said alley and then in such a manner as not to interfere with the usual travel on said streets,alleys and public ways. Section 2.Use of System by Municipality.The Town shall have the privilege,during the life of this Franchise,free of charge,where aerial construction exists, of maintaining upon the poles of the Company within the Town 0 limits wire and pole fixtures necessary for a police and Lire alarm system,such wires and fixtures to be constructed and maintained to the satisfaction of the Company and in accord ance with its specifications.The Town in its use and maintenance of such wires and fixtures shall at all times comply with the rules and regulations of the Company so that there may be a minimum danger of contact or conflict between the wires and fixtures of the Company and the wires and fixtures used by the Town.It is further agreed in order to avoid danger to life and property that the above privilege is granted on condition that no such wires or fixtures of the Town shall be placed on poles carrying electric light or power wires without the consent of the Company nor shall said wires be exposed without the consent of the Company to the danger of contact with any conductor carrying a voltage greater than the normal telephone voltage.The Town shall be solely responsible for damage to persons or property arising out of the construction or maintenance of said wires and fixtures and shall save the Company harmless from all claims and demands whatsoever arising out of the attacbxuent, maintenance,change or removal of said wires and fixtures to the poles of the Company.In case of rearrangement of the Company plant or removal of poles or fixtures,the Town shall care for or remove its own poles or fixtures and shall save the Company harmless from any damage to persons or property arising out of the removal or construction of its wires or other fixtures. Section 3.Company Liability.The said Company shall,at all times during the life of this Franchise,be subject to all lawful exercise of the police power by the Town,and to such reasonable regulation as the Town may by resolution or ordinance hereafter provide.It is expressly understood and agreed by and between the said -2— a 0 Company and the Town that said Company shall save the Town harmless from all loss sustained by the Town on account of any suit,judgment,execution,claim or demand whatsoever, resulting from negligence on the part of said Company in the construction or maintenance of its telephone system in the Town.The Town shall notify the said Company’s repre sentatives in said Town within fifteen (15)days after the presentation of any claim or demand,either by suit or otherwise,made against the Town on account of any negligence as aforesaid on the part of the said Company. Section L.Use of Streets,etc.The right to use and occupy said streets,alleys,public ways and places for the purposes herein set forth shall not be exclusive,and the Town reserves the right to grant similar use of said streets,alleys and other public ways and places,to any other person or corporation at any other time during the period of this Franchise. Section 5.Repair of Streets,etc.All trans mission and distribution structures,lines and equipment erected by the Company within said Town shall be so located as to cause minimum interference with the proper use of streets,alleys and other public ways and places,and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets,alleys or other public ways and places.In case of any disturbance of pavement,sidewalk,driveway or other surfacing,the Company shall,at its own cost and expense and in a manner entirely satisfactory to the Town,and subject to the jurisdiction of said Town respecting the subject,replace and restore all paving,sidewalk,drive way or surface of any street or alley disturbed,in as good condition as before said work was commenced.In the event that at any time during the term hereof the Town -3- 0 0 shall lawfully elect to alter or change the grade of any street,avenue,public place or highway,the Company shall, upon reasonable notice to be determined by the Board of Trustees,remove,relay,and relocate its poles,wires, cables,underground conduits,manholes and other telephone fixtures and where the same shall be made necessary by reason of any change of grade,the entire cost and expense of such relocation and relaying of such equipment shall be paid by the Company. Section 6.Pa5lillentsto Town.In consideration for this Franchise the Company shall pay to the Town,effec tive with the period commencing September 1,1963,a sum equal to 2 per cent of t1e gross local exchange revenues received from the telephone subscribers located within the corporate limits of the Town of Estes Park as now or hereafter fixed.Within sixty (60)days after January 1, and July 1,of each year during the term of this Franchise the Company shall file with the Town Clerk a statement under oath of such gross receipts for the preceding six (6)months, and said statement shall be accompanied by the payment pre scribed for such six (6)month period.The Town,its officers, agents or representatives shall have the right,at all reasonable hours and times,to examine the books and records of the Company and to make copies of the entries or contents thereof. In consideration of the payments hereinabove provided for,it is expressly understood and agreed by the Town and the Company that the payments above specified shall be in lieu of any and all franchise,license,occupation,or any other form of excise or revenue tax (except general ad valorem property taxes and special assessments for local improvements),based upon or measured by the revenue, employees,payroll,property,poles,wires,instruments, a 0 conduits,pipes,fixtures or other appurtenances of the Company,and all other property or equipment of the Company or any part thereof;provided that said payments shall continue only so long as the Company is not prohibited from making the same by any lawful authority having jurisdiction in the premises. In the event the payments herein provided for are not made,then all authority and rights granted to the Company by this ordinance shall i:mmediately terminate. Section 7.Inspection.It shall be the duty of the Town engineer,or some other person designated by the mayor, to determine that all construction or installation work is performed in accordance with the provisions of this ordinance and to make such inspections as may be necessary to insure compliance with the ordinances of the Town in connection therewith. Section 8.Services to Town.The Town agrees to pay to the Company in accordance with standard tariff schedules the rates and charges for all telephone service of any description whatsoever rendered by the Company to the Town, except the cost,value or rental of attachments made by the Town to the poles of the Company as provided in Section 2 hereof. Section 9.No Waiver of Rights.It is expressly understood and agreed by the Town that the enactment of this Franchise and its acceptance by the Company was and is made upon the express condition and understanding that neither the said enactment or the grant or acceptance of this Franchise shall constitute a waiver upon the part of the Company of any rights or claims had or made by said Company with respect to the occupancy of the streets,alleys and public places of the Town under the law of the Territory of Colorado and a under the constitution and general statutes of the State of Colorado,nor shall anything in this Franchise in anywise prejudice or impair any rights or claims existing indepen dently of this Franchise of said Company or its predecessors or successors with respect to the construction,operation and maintenance,either before or after the life of this Franchise,of a telephone system in said Town. Section 10.Term of Franchise.The Franchise and rights herein granted shall take effect and be in force from and after the final passage hereof,as required by law,and upon filing of acceptance by the Company as provided elsewhere herein;and shall continue in force and effect for a term of ten (10)years after the effective date of this Franchise. Section 11.Publication Costs.The Company shall assume the cost of publication of this Franchise as such publication is required by law.A bill for publication costs shall be presented to the Company by the Town Treasurer upon the Coxany’s filing of acceptance and shall be paid at that time. Section 12.Emergency Declared.That 1JflEREAS,without the passage of this ordinance said Town and its inhabitants will not continue adequately or properly to be supplied with telephone service,an emergency is declared to exist,and this ordinance is declared to be necessary for the immediate preservation of the public peace,health,and safety,and shall go into effect five (5)days after its final passage, adoption and publication,and acceptance by the Company prior to said effective date. Mayor Town Clerk —6— a 0 CERTIF IC ATE STATE OF COLOR.DO,) )ss. COUNTY OF LAR II4ER.) I,DALE G.HILL,Town Clerk of the Town of Estes Park,Colorado,do hereby certify that the annexed and foregoing is a full,true and correct copy of Ordinance No.251 entitled “AN ORDINANCE GRANTING CERTAIN RIGHTS TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY,ITS SUCCESSORS A1W ASSIGNS,IN THE TOWN OF ESTES PARK,STATE OF COLORM)O,AND fl4POSING CERTAIN REGULATIONS AND PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF”duly passed at a regular meeting of the Board of Trustees of said Town held in said Town on the 24th day of February ,l96Lj;that a majority of all the members of said Board voted in favor of passage of said Ordinance;that said Ordinance was introduced and read for the first time at the regular meeting of said Board on the 27th day of January l96,after proof of publication of the Notice of Intention to Apply for a Franchise was duly filed with me;that said Ordinance was published three times,beginning on January 31,l96Lj and ending on February 2L,l96L,in the Estes Park Trail,a news paper of general circulation published weekly in Estes Park, Colorado;and that said publication was for a period of not less than two weeks prior to the time said Ordinance was read on second reading and passed. WITNESS my hand and official seal this 24th day of February ,l96L1. (SEAL)wn C erk —7— NOTICE OF INTENTION TO APPLY FOR PASSAGE OF AN ORDINANCE FOR A FRANCE I$E NOTICE IS HEREBY GIVEN that The Mountain States Telephone and Telegraph Company will apply to the Board of Trustees of the Town of Estes Park,Colorado,at its regular meeting in the Town Hall,Estes Park,Colorado on Monday, January 27,l96L at 7:30 P.M.for the passage of an ordinance granting a Franchise to erect,construct,operate or maintain a telephone system within the Town of Estes Park,Colorado,and to use the streets or alleys of the Town for such purposes. The rights and privileges to be applied for are as follows: To construct,erect,operate and maintain,in,upon, along,across,above,over and under the streets,alleys,public ways and public places now laid out ordicated,and all extensions thereof,and additions thereto,in said Town,poles, wires,cables,underground conduits,manholes and other telephone fixtures necessary or proper for the maintenance and operation in said Town of a telephone exchange and lines connected there with;provided,however,that no poles or other fixtures shall be placed where the same will interfere with any gas lamp, electric light,water hydrant or water main,and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line,and those placed in alleys shall be placed close to the line of the lot abutting on said alley and then in such a manner as not to interfere with the usual travel on said streets,alleys and public ways. The Franchise is to be for a term of ten (10)years from the effective date thereof,of September 1,1963. The terms upon which such Franchise is desired are as follows: 0 0 Use of System by Municipality.The Town shall have the privilege,during the life of this Franchise,free of charge,where aerial construction exists,of maintaining upon the poles of the Company within the Town limits wire and pole fixtures necessary for a police and fire alarm system,such wires and fixtures to be constructed and maintained to the satisfaction of the Company and in accordancewith its specifications.The Town in its use and maintenance of such wires and fixtures shall at all tines comply with the rules and regulations of the Company so that there may be a mininum danger of contact or conflict between the wires and fixtures of the Company and the wires and fixtures used by the Town. It is further agreed in order to avoid danger to life and property that the above privilege is granted on condition that no such wires or fixtures of the Town shall be placed on poles carrying electric light or power wires without the consent of the Company nor shall said wires be exposed without the consent of the Company to the danger of contact with any conductor carrying a voltage greater than the normal telephone voltage. The Town shall be solely responsible for damage to persons or property arising out of the construction or maintenance of said wires and fixtures and shall save the Company harmless from all claims and demands whatsoever arising out of the attacbment,maintenance,change or removal of said wires and fixtures to the poles of the Company.In case of rearrangement of the Company plant or removal of poles or fixtures,the Town shall care for or remove its own poles or fixtures and shall save the Company harmless from any damage to persons or property arising out of the removal or construction of its wires or other fixtures. Company Liability.The said Company shall,at all times during the life of this Franchise,be subject to all lawful exercise of the police power by the Town,and to such -2- 0:’ reasonable regulation as the Town may by resolution or ordinance hereafter provide.It is expressly understood and agreed by and between the said Company and the Town that said Company shall save the Town harmless from all loss sus tained by the Town on account of any suit,judgment,execution, claim or demand whatsoever,resulting from negligence on the part of said Company in the construction or maintenance of its telephone system in the Town.The Town shall notify the said Companyts representatives in said Town within fifteen (15)days after the presentation of any claim or demand,either by suit or otherwise,made against the Town on account of any negligence as aforesaid on the part of the said Company. Use of Streets,etc.The right to use and occupy said streets,alleys,public ways and places for the purposes herein set forth shall not be exclusive,and the Town reserves the right to grant similar use of said streets,alleys and other public ways and places,to any other person or corporation at any other time during the period of this Franchise. Repair of Streets,etc.All transmission and dis tribution structures,lines and equipment erected by the Company within said Town shall be so located as to cause min imum interference with the proper use of streets,alleys and other public ways and places,and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets,alleys or other public ways and places.In case of any disturbance of pavement, sidewalk,driveway or other surfacing,the Company shall,at its own cost and expense and in a manner entirely satisfactory to the Town,and subject to the jurisdiction of said Town respecting the subject,replace and restore all paving,sidewalk, driveway or surface of any street or alley disturbed,in as good condition as before said work was commenced.In the —3— event that at any time during the term hereof the Town shall lawfully elect to alter or change the grade of any street,avenue,public place or highway,the Company shall, upon reasonable notice to be determined by the Board of Trustees,remove,relay,and relocate its poles,wires, cables,underground conduits,manholes and other telephone fixtures and where the same shall be made necessary by reason of any change of grade,the entire cost and expense of such relocation and relaying of such equipment shall be paid by the Company. Payments to Town.In consideration for this Franchise the Company shall pay to the Town,efrective with the period cormuencing September 1,1963,a sum equal to 2 per cent of the gross local exchange revenues received from the telephone sub scribers located within the corporate limits of the Town of Estes Park as now or hereafter fixed.Within sixty (60)days after January 1,and July 1,of each year during the term of this Franchise the Company shall file with the Town Clerk a statement under oath of such gross receipts for the preceding six (6) months,and said statement shall be accompanied by the payment prescribed for such six (6)month period.The Town,its officers,agents or representatives shall have the right,at all reasonable hours and times,to examine the books and records of the Company and to make copies of the entries or contents thereof. In consideration of the payments hereinabove provided for,it is expressly understood and agreed by the Town and the Company that the payments above specified shall be in lieu of any and all franchise,license,occupation,or any other form of excise or revenue tax (except general ad valorem property taxes and special assessments for local improvements), -a- 0 0 based upon or measured by the revenue,employees,payroll, property,poles,wires,instruments,conduits,pipes,fixtures or other appurtenances of the Company,and all other property or equipment of the Company or any part thereof;provided that said payments shall continue only so long as the Company is not prohibited fron making the same by any lawful authority having jurisdiction in the premises. In the event the payments herein provided for are not made,then all authority and rights granted to the Company by this ordinance shall immediately terminate. Inspection.It shall be the duty of the Town engineer, or some other person designated by the mayor,to determine that all construction or installation work is performed in accordance with the provisions of this ordinance and to make such inspections as may be necessary to insure compliance with the ordinances of the Town in connection therewith. Services to Town.The Town agrees to pay to the Company in accordance with standard tariff schedules the rates and charges for all telephone service of any description whatsoever rendered by the Company to the Town,except the cost, value or rental of attachments made by the Town to the poles of the Company as provided in Use of System by Municipality. No Waiver of Rights.It is expressly understood and agreed by the Town that the enactment of this Franchise and its acceptance by the Company was and is made upon the express condition and understanding that neither the said enactment or the grant or acceptance of this Franchise shall constitute a waiver upon the part of the Company of any rights or claims had or made by said Company with respect to the occupancy of the streets,alleys and public places or the Town under the law of the Territory of Colorado and under the constitution and general statutes of the State of Colorado,nor shall anything -$- 0 0 in this Franchise in anywise prejudice or impair any rights or claims existing independently of this Franchise of said Company or its predecessors or successors with respect to the construction,operation and maintenance,either before or after the life of this Franchise,of a telephone system in said Town. Term of Franchise.The Franchise and rights herein granted shall take effect and be in force from and after the final passage hereof,as required by law,and upon filing of acceptance by the Company as provided elsewhere herein;and shall continue in force and effect for a tern of ten (10)years after the effective date of this Franchise. Publication Costs.The Company shall assume the cost of publication of this Franchise as such publication is required by law.A bill for publication costs shall be presented to the Company by the Town Treasurer upon the Companyt s filing of acceptance and shall be paid at that time. THE M0UTAIN STATES TELEPHONE AND TELEGRAPH COMPANY Publish January 17,l96Lj... / -0-