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HomeMy WebLinkAboutordinance.council.008-54ORDINANCE NO. 8 (Series of 1954) AN ORDINANCE GRANTING CERTAIN RIGHTS TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1. FRANCHISE GRANTED. There is hereby granted to the Mountain States Telephone and Telegraph Company, a cor- poration, its successors and assigns, for a period of fifteen years from the effective date of this 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 as now laid out and dedicated, and all extensions thereof and additions thereto in said city, poles, wires, cables, underground conduits, manholes and other telephone fixtures necessary or proper for the operation and maintenance in said city of a telephone exchange and lines cQn- nected therewith; provided, however, that no poles or other fixtures shall be placed where the same will interfere with any electric light fixture, water hydrant or water main, and all such poles or 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 such streets, alleys or public ways. Section 2. JOINT USE FOR POLICE AND FIRE ALARM SYSTEM. The city 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 city 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 accor- dance with its specifications. The city, 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 fixtmres of the Company and the wires and fix- tures used by the city. 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 city shall be placsd 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 city shall be solely re- sponsible for all damage to persons or property arisin~ 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 attachment, maintenance, change or removal of said wires and fixtures to the poles of the Com- pany. In case of rearrangement of the Company plant or removal of poles or fixtures the city 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. ADDITIONAL REASONABLE REGULATION. The said Company shall, at all times during the life of this fran- chise, be subject to all lawful exercise of the police power by the city, and to such reasonable regulation thereunder as the city may by ordinance hereafter provide. It is expressly understood and agreed by and between the said Company and the city, that said Company shall save the city harmless from all -2- loss sustained by the city 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 city. The city shall notify the said Company's representatives in said city within five (5) days after the presentation of any claim or demand, either by suit or otherwise, made against the city on account of any negligence as aforesaid on the part of the said Company. Section $. UNUSUAL USE OF STREETS. 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 city which shall interfere with the poles, wires or other fixtures of said Company or the city, shall first give notice to the said Company or the city, as the case may be, and shall pay to the said Company or the city, as the case may be, a sum sufficient to cover the expense and damage incident to the cutting, altering and moving of the wires or other fixtures of the said Company or the city, and before a permit is given by the city therefor the applicant shall present a receipt from the Company showing said payment; there- upon the said Company, upon presentation of said permit, shall within forty-eight ($8) hours thereafter provide for and do such cutting, altering and moving of the wires and other fix- tures of the said Company as may be necessary to allow such moving or other unusual use of the s~reets, alleys and public ways of the city. Section 5. EFFECT OF FRANCHISE ON EXISTING RIGHTS. It is expressly understood and agreed by and between the city and the said Company that the application for this franchise was and is made upon the express condition and understanding -3- that neither said application nor the grant shall constitute a waiver either upon the part of said Company or of the cit~ of any rights or claims had or made by either with respect to the occupancy of the streets, alleys and public places of the city 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 city or of said Company, or its predecessors or suc- cessors, with respect to the construction, operation and main- tenance, either before or after the life of this franchise, of a telephone system in the city. Section 6. EFFECTIVE DATE OF FRANCHISE. This ordi- nance shall be in force and effect upon the filing by said Company with the City 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 (lC) days after filing of said acceptance, the City Clerk, by letter addressed to the Secretary of said Company at Denver, Colorado, shall acknowledge the receipt of said acceptance. ~troduced, read and ordered published this day of _~~,_~ A.D. 195~. Mayor ATTEST: Finally passed, adopted and approved on the Mayor ATTEST: -~-- STATE OF COLORADO) COUNTY OF PITKIN I, Ethel M. Frost, as City Clerk of the City of Aspen, Colorado, do hereby certify that the above and fore- going Ordinance was introduced, read in full and passed first rea~i~ug at th~ regular meeting of the City Council held ,. I.~J~44~.2~ ~ , 1954, and published in The Aspen Times, a weekly newspaper of generalcirculation published at the City of Aspen, Colorado, in its issue of ~.j"/~/~ was finally adopted and approved on the -- ~'~ day of and ..... , 1954 and was ordered published as Ordinance No. ~ , (Series of 1954) of said City as provided by law. IN WITNESS WHEREOF, the~seal of the City of Aspen, (SEAL) I have hereunto set my hand and Colorado, this ~*'~'day of Cit~' Cl'e~r k .... ACCEPTANCE The undersigned, The Mountain States Telephone and Telegraph Company, a corporation, does hereby accept the fore- going Ordinance No. 8 (Series of 195~) of the City of Aspen, Colorado, a municipal corporation, and does agree to abide by the terms and conditions thereof and to furnish the facilities as provided therein. ATTEST: THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY By. · , ,~ecretary-Tre~$urer (Assistant) Secretary -5-