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HomeMy WebLinkAboutOrd1963-325 ~ ORDINANCE NO. 325 ______ ~ ~ 1cU~fi} AN ORDINANCE GRANTING TO ALASKA TELEPHONE CORPORATION A NONEXCLUSIVE FRANCHISE PRIVILEGE TO CONSTRUCT, OPERATE, AND MAINTAIN A PUBLIC TELEPHONE SYSTEM AND SERVICE IN THE CITY OF SEWARD, ALASKA, FOR A TERM OF TWENTY (20) YEARS, SUBJECT TO AND CONDITIONED UPON RATIFICATION BY THE ELECTORS OF THE MUNICIPALITY; AUTHORIZING USE OF STREETS, ALLEYS AND O'lHER PUBLIC PLACES i PRESCRIBING RtlLES AND REGULATIONS i SETrING THE DATE OF THE FRANCHISE REFERENDUM ELECTION, AND SETTING THE EFFECTIVE DATE OF SUCH FRANCHISE. THE CITY OF SEWARD, ALASKA, ORDAINS: ~ ~ Section 1. Alaska TelePhone--tO'rporation, a corporation organized under and operating pursuant to the laws of the State of Alaska, its successors and assigns (hereinafter referred to as the "Company"), subject to and conditioned upon ratification by the electors of the City of Seward, is hereby granted a non- exclusive franchise for a period of twenty (20) years, commencing as of midnight, 14 October, 1963, and ending as of midnight, 14 October, 1983, to construct, renew, extend, acquire, maintain and operate a public telephone system, to include telephone service and such facilities as telephone lines, poles, wires, stubs, anchors, cables, vaults, laterals, conduits, and other fixtures and equipment in, upon, through, under, over, along and across the public streets, alleys, highways and other public grounds and places of or in the City of Seward, a first class municipal corporation created under and operating pursuant to the laws of the State of Alaska (hereinafter referred to as the "City"), as may be necessary or convenient for supplying to the citizens of the City and to the public at large telephone service and communication by telephone or other electrical or electronic signals, and for conducting a general telephone business in said City. Section 2. For purposes of defining and carrying into effect the rights and privileges granted to the Company by Section 1 of this Ordinance, the follow- ing provisions, conditions and limitations shall prevail: (a) The location of all facilities of the Company presently in existence within the City is hereby approved. The location of any additions or extensions or the relocation of any existing facilities on the streets, alleys, or other public grounds of the City shall be subject to the approval and authorization and accomplished under the direction of the City Manager of the City or his designee. (b) The facilities of the Company shall be so placed, located and maintained, and the work of the Company in connection therewith shall be so performed, as not to unreasonably interfere with ordinary travel Page 1 of four pages ~ and traffic on the streets and alleys of the City, or with ingress to or egress from public or private property. (c) After procuring a permit from the City to do so, the Company may make such excavations in streets, alleys or other public places as may be necessary for the installation, maintenance, removal or replace- ment of its facilities, temporarily utilizing such portions of pavement or sidewalk as required; however, the Company shall fill excavations and reconstruct any roads, sidewalks, walkways or paving thus disturbed, so as to leave the same in as good or better condition than before. All work in or on the public rights of way or other public places shall be properly barricaded during daylight hours, and both barricaded and adequately lighted with approved safety devices during the hours of darkness. The Company shall be fully responsible to any persons who shall be injured through the negligence of or frOlll or by reason or on account or as a result of the activities of the Company under the telephone franchise privilege, and the Company sball execute a docUlllent of indemnity holding the City harmless therefrom. In addition, the Company shall furnish the City with certificates of insurance (with the stipulation that the City, as certificate holder, will be given 15 days' notice of intent to cancel) evidencing: (i) Not less than $100,000 of bodily injury liability coverage per individual and $300,000 per accident, nor less than $25,000 of property damage liability coverage. The applicable certifi- cate of insurance shall clearly indicate that the property damage liability coverage includes hazards from explosion, collapse, damage to underground wires, conduits, pipes, fittings, mains, sewers or other similar property. Such certificates shall fur- ther clearly indicate that the docUlllent of indemnity required pursuant to the provisions of this section has been incorporated into and made a part of the applicable insurance policy. (11) Workmen's Compensation insurance in accordance with the laws of Alaska. Section 3. Anything herein to the contrary noni thstanding, the rights and privileges granted to the Company shall always be subject to the provisions of Sec. 29.10.141 through Sec. 29.10.153, Alaska Statutes, as from time to time amended; and such rights and privileges granted to the Company shall also always be subject to the present and future regulation of the Common Council of the City. This franchise shall not be assi~able by the Company without written authorization Page 2 of four pages of the City Manager pursuant to prior approval of the Common Council of the City. Section 4. The Company shall pay to the City the sum of $2.50 annually for the use of each City utility pole utilized in any manner by the Company or its equipment. Said payment shall be made in advance on an annual basis during the first half of July. A physical count of said City poles utilized shall be made jointly by representatives of both the City and the Company during the month of May of each year. An additional pole use payment shall be required on a pro rata basis for any additional City utility pOles utilized by the Company or its equipment, and said pro rata balance of annual payment Shall be made by the Company to the City during the month said equipment is attached or said pole is otherwise utilized. Installation of any such equipment shall be accomplished in accordance with City specifications, using REA standards. Section 5. This ordinance granting a public service telephone franchise I I I i I I I I I ! I I I I I i to Company shall be submitted for ratification to the qualified voters of the City at the general election of 1 October 1963, and at least thirty (30) days' notice of said franchise referendum election shall be given in the same manner as is provided for notice of general city elections, and the notice shall specify that the purpose of the franchise referendum election is to determine whether at least fifty-five per cent (55%) of the votes cast by the electors of the munici- pality are in favor of the franchise. If less than fifty-five per cent (55%) of the votes cast are in favor of the franchise, it shall be null and void, and this ordinance shall be of no further force and effect. If at least fifty-five per cent (55%) of the votes cast are in favor of the franchise, the provisions of this ordinance shall pertain, and shall be effective as of midnight, 14 October 1963, as aforesaid. The results of the election shall be canvassed publicly by the Common Council of the City and spread upon the records of the minutes, and the results declared and certified in the same manner as in a general election. Section 6. The City reserves the right and option to revoke or repeal this franchise should the Company commit a material breach of any of the provisions of this ordinance, or otherwise fail to operate pursuant to the laws of the State of Alaska, or contrary to the ordinances, rules or regulations of the City, or otherwise fail to provide the public telephone service herein contemplated. Not less than thirty (30) days' prior written notice before revocation or repeal of the franchise shall be furnished by the City to the Company, advising that the City contemplates revocation or repeal of said franchise, in order that the Page 3 of four pages I Company may have an opportunity to correct its deficiencies. Section 7. There is hereby reserved to the Common Council of the City the right to regulate, fix, establish and change, as it considers proper, the rates and charges imposed for telephone services rendered to the City or its in- habitants, and may regulate and provide what is a reasonable deposit or security for services to be given. A I - . . - 1 t l . U IJ J . 1 t .(n-<;~ ~ All rates, charges and regulations shall be reasonable, and shall permit a fair and reasonable return on net capital investment, i.e., initial investment, regard- less of subsequent changes in ownership, plus capital additions and minus accrued depreciation. Said fair and reasonable return on invested capital shall be condi- tioned upon the operation of Company being efficient and economical. Section 8. This enactment shall be binding upon and shall inure to the benefit of the Alaska Telephone Corporation, its successors and assigns. Section 9. All ordinances or parts of ordinances in conflict herewith are hereby superseded and repealed. Section 10. A determination that any part of this Ordinance is invalid sball not affect the validity of any remaining portions or provisions hereof. Section 11. The Company shall, upon demand, pay the costs of publishing this Ordinance. * . * . Publication of this Ordinance shall be made by posting a copy hereof on the City Hall Bulletin Board from the date of its passage and approval until 10 October 1963, ten (10) days following the franchise referendum election at which this Ordinance sball be submitted to the electors of the municipality for approval of the franchise. First reading: 5 August 1963 Second reading: 19 August 1963 PASSED AND APPOOVED by the Common Council of the City of Seward, Alaska, this 29th day of August, 1963. a Q~~~ ~perry R. Stockton Mayor Attest: ~~~ h~tl1~e B. V:a1l1ls ~"'~1~ City C1erk-TI IL r ~ content: Page 4 of four pages