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Home My WebLink AboutORDINANCE 81-38ORDINMCE NO.81 P OPDflANCE ORARTThU CERTAfl RIGS TO THE MOUNTAfl STATES TElEPHONE AND TELE ORAPH COMPANY,ITS SUCCESSORS AND ASSIQNS, flI THE TO?N OF E$TE$PARK, STATE OF COLORADO, BE IT ORDATh BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, STATE OF COLORADO: Section I.There is hereby granted to The Mountain States Telephone and.Telegraph Company,a corporation,its successors aM assigns,for the period of twenty years from and after the effective date of thie ordinance, 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 Ton ,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 therewith;pro vided.,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 zftid streets,alleys and public ways. Section Ii.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 limitø wire and pole fixtures nec essary for a police and fire alarm system,such wires and fixtures to be constructed and maintained to the satisfac tion of the Company and in accordance with its specifications. The Town ,in its use and maintenance of such wires and I ix tures,shall at all times comply with the rules and regula tions of the Company so that there may bc 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 con ductor carrying a voltage greater than the normal telephone voltage.The Town shall be solely responsible for all 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 aris ing out of the attachment,maintenance,change or removal of said wires and fixtures to the poles of the Company. -2- In case of re-arrangement 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 III.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 reason able regulation thereunder as the Town may by ordinance here after provide.It is erpressly understood and agreed by and between the said Company and the Town ,that said.Company shall save the Town harmless from all loss sustained by the Town on account of any suit,judaent,execution,claim or demand whatsoever,resulting from negligence on the part of said Company in the construction or maintenance of its tele phone system in the Town The Town shall notify the said Company’s representatives in said Town within five (5)days after the presentation of any claim or demand,either by suit ox othervThe,made against the Town on account of any neg1igen as aforesaid on the part of th aid Company Sedtion Dr.Any person or corporation desiring to move a building or other improvement along,or to make any unusual use of the streets,alleys and.public ways of the Town which shall interfere with the poles,wires or other fixtures of said Company or the Town,shall first give notice to the said.Company or the Town,as the case may be,and shall pay -3- to the said Company or the Town ,as the case may be,a sun sufficient to cover the expense and d.sir.ge incident to the cutting,altering and moving of the wires or other fixtures of the said Company or the Town ,and before a permit is given by the Town theref or the applicant shall present a receipt from the Company showing said.payments thereupon the said Company,upon presentation of said permit,shall within forty-eight (Ii.8)hours thereafter provide for and do such cutting,altering and moving of the wires or other fixtures of the said Company as may be necessary to allow such moving or other unusual use of the streets,alleys and.public ‘ways of the Town. Section V.It is expressly understood.and agreed by and betieen the Town and the said Company that the application for this franchise was and is made upon the express condition and understanding that neither said application nor the grant or acceptance of any franchise thereunder or of thi franchise ha11 constitute a aivex’either upon the part of said.Coin. pany or of the Town of any rights or claims had or made by either with respect to the occupancy of the streets,alleys and public places of the Town under the constitution and general statutes of the State of Colorado,nor shall anything in said application or in this franchise in any wise prejudice or impair any rights or claims existing independently of said application and this franchise,of the Town or of said Com pany,or its predecessors or successors,with respect to the _lj._ construction,operation and maintenance,either before or after the life of this franchise,of a telephone system in the Town Section VI.This ordinance ehall be in force and effect upon the filing by said Company with the Town Clerk of an unconditional acceptance thereof in writing,which shall be filed within thirty (30)days after the passage and.approval of this ordinance.Within ten (10)days after filing of said. acceptance,the Torn Cleric,by letter addressed to the Secretary of said Company at Denver,Cclorado,.shall acknowledge the receipt of said acceptance. Passed August 22nd,1938 Approved IUG 231933 / Mayor Attest: — T-own’Clerk C SEAL) CERTIFICATE OF CLERK AS TO INThODUCTION,READING, AND PtIBLICATION OF ORDINANCE ORANTING CERTAIN RIGHTS TO TEE MOtJNTAIN STATES TELEPHONE AND TELEORAPH COMPANY. STATE OF COLORADO,) ss COUNTY OF LARThIER.) Chas.F.Eu ,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,81 ,entitled “AN ORDINANCE ORANTING CERTAIN RIGHTS TO TEE MOUNTAIN STATES TELEPHONE AND TELEORAPH COMPANY,ITS SUCCESSORS AND ASSIGNS,IN TEE TOVN OF ESTES PARK ,STATE OF COLORADO,” duly passed at a regular meeting of the Board of Trustees of said Town held.in the said Town on the 22nd day of August 1938,a majority of the whole number of said Board of Trustees concurring by the following vote,the yeas and nays being called and recorded: Trustees: Yeas;(Four)Harry B.Boyd Ronald C.Brodie C.Byron Ta77 ind Glen H.Preston Nays:None Absent:Trustees:Garrey E.Casey and S.M.Hurd I further certify that said Ordinance was introduced.and read for the first tie at the regular meeting of the said Board of Trustees on the 25th day of July ,l93j that said Ordinance was published for the full period.of three C a S Teeks beginning on the 29th day of July ,1938, and ending on the 12th day of August 1938,in Estes Park Trail ,a weekly newspaper of general circulation,printed and published in the Tov of Estes Park State of Colorado,and.that said period of publication was not less than two weeks prior to the second reading of said Ordinance. WIThSS my hand and official seal this 23rd of August ,1938. Town Clerk. (Seal) C) CEf1IF!CTE OF CLSBK AS TO READING AND PUBUCI\TION “F THE NrTIC 7F’APPLtCATIO FOR iaUCHI3t..MADE BY THL EOUKVIN STAT T)LEPHON!PND TELEGRAPH COME’ATY. STATE OF COLORADO,) )ss. COUNTY OF LARflrR.) I,Chas.F.Ilix,Tonn Clerk of the Town of Estes Park, CoiDrado,do berebj certify that the annexed and foregoing is a full,true and correct copy of the Notice of Application for Franchise nade by The Mountain States Telephone and Telegraph Company. I further certify that said Applicaton was introduced and read at a regular meetin:of the Board of Trustees o said Town,held in said Town on the twenty-fifth dy of July,1938; that said Notice of Application was published for the full period of three weeks beginning on the twenty—ninth day of July,1938, and ending on the twelfth day oi’uast,1938,in stes Park Trail,a newspaper of general circuatior1 rintea and published in the Town of etee ark,State of Colzracio. VTtTESS my hand and officic.l soal,thin tweitythird day of J\uçust,1936. 1own Clerk (real) I