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HomeMy WebLinkAboutOrd1950-205 \,- ,,,,,.C o",;;Mf' -- -II '-;t1 '~ ~ '~.;;1 - ,0,;1 6l.,~d/r# ~6J ORDINANOB NO. 205' - . ~ ~~&r AI ORDINANCE authorizing ~laska Telephone Engineering cor~raJ1~n~its ~ ..eeess.rs and assigns, to own, build, maintain and operate telephone lines, fixtures and appurtenances for the operation of the telephlne system, exchange and lines within the corporate limits of the City of Seward. Territory of Alaska: and defining said Company's ~ights, powers and privileges. ~ ::t", BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SEWARDj ALASIA.: Section 1. That the Alaska Telephone Engineering Corporstion. herein- after called the Company, or its successors or assigns, be and hereby is granted the right, power, authority and privilege to bui~, construct, equip, own, maintain and operate within the corporate limits of the City of Seward, :r \ wire., lines, poles, arms, appurtenances and fixtures to conduct a telephone busine8s and exchange within said city, including the right, authority, power and privilege, upon the conditions herein set forth, to use all streets, alley: and public grounds of the City now owned, or hereinafter acquired, subject to Buch restrictions as may now or hereafter be imposed by law, either Federal or '1'erritctrial, or the City Council of said city for the purpose of erecting and maintaining poles, constructing lines. operating telephone lines, a telephone system, telephone exchange. or doing any ot the things herein authorized, granted or empowered; the right to buy, purchase, lease, erect, equip, maintail ~ " ow,n or operate such plants. machinery, equipment or buildings as are necessary ~l to maintain and operate such telephone lines. telephone system. or exchange; the right to buy, -hold, own or lease any or all privately owned real estate necessary to conduct such business; the ~ght to furnish telephone service to allresldents, firms, and corporations of the City; the right to connect with other telephone lines within the City, including the right to own and conduct from eald City a rural telephone exchange; the right to do awitching for any person, firm. or corporation; taeright to conduct a telephone toll bU~8S8; , to furnish telepAQne power ~nd ~~rvice to any person. f~rm or corporation. and to have and exercise such other and further rights as are necessary and incident to the rights, powers and authority herain granted to the Company. Section 2. The Company agrees that upon approval of this franchise by tae requisite majority of qualified electors of the City of SAward, at a ~,eclel election called for that purpose, and if by them approved and subsequently accepted by said Company in the manner herein required. the right to use streets, alleys. thoroughfares and other public grounds within said r city shall be subject to the following conditions: (,) Where city owned electrical distribution power lines are in existence, all wires, cables, conductors and other appli8AC8S and appurtenances shall be placed or strung upon poles now. or in the future, owned by the City, upon a Joint user b~sis. For this privilege of joint user of city owned poles and lines, the Company agrees to pay an annual rental of $1.00 per pole. (b) The City shall, at its own expense, maintain such Jointly used facilities and covenants that said facilities shall, at all times, be maintained in a condition to aceomplish the purposes of thIs ordinance. The Oity, however, shall incur no liability to the Oompany, either for damage to the Oompany's facilities or for loss of revenues oceasioned thereby in the event that the facilities so to be maintained by the City, are destroyed, damaged or impaired by strike, act of God, or other circum- stances beyond the control of the City. (c) The Company, with respect to all wire, lines and other facilities constructed, maintained or operated upon joint pole facilities shell, at its own expense and without obligation to the Citr, maintain, repair and rehabilitate all lines, fixtures and appurtenances owned by th$ Oompany. (d) Where City distribution lines do not exist or where such lines do exist, but joint users thereof may be detrImental to the facilities of either par.. the Company. subject to the ,-,pproval by the City Council ~f construction plans and methods of operation shall have the right to construct, maintain and operate separate poles and lines. The Company 8gr~es that, in such instances, such I1nes, poles, wires, and other fixtur&s and appurtenances sh31l be placed, erected and constructed in such manner that the use and operation thereof will not inte~er8 with the use of streets, alleys or other public grounds. The Company further agrees that where separate lines are constructed, it will restore street or 811ey surfaces to as good condition as existed before the construction done by the Company. .. 2.. r (e) For public convenience and safety the Company, at its option, may construct or install underground pipes or conduits for the installation of wires, c ables, and other appliances and conductors. Such construction st first, however, be approved by the City Council and shall be subject to the same obligations, upon the part of the Company as are specified in Paragraph (d) above. (f) Where separate poles and lines are maintained by the Company for its benefit, with the consent of the City Council as herein s et forth, the City, for the benefit and safety of the residents of the City of S~ward .may, at any time, order separate facilities removed, or upon the removal from one location, grant the privilege of constructing such facilities in another l.cation. (g) The Company, upon thirty-days' written notice from the City, shell remove temporarily any wire or poles, ,in the event that any interested inhabitant desires to move any building, machinery, or other object; provided, however, that the person for whose benefit such removal is made shall pay to the Company reasonable costs incurred Qy ~t, and provided, , further, that upon such removal such person, firm, or, corporation aWl indemnify the Oompany for any and ell daIIIP~es or claims that might adse by virtue of such temporary removal of facilities and inciden,t interruption of se~~'. (h) The Oompany shell hold the Oity free and ,harmless from all damages, costs and expenses that may aris8 as a result of the Company's use or exercise of any of the rights, powers, authority or privilege. herein grant$d to it, by reason of the negligence, carelessness, or mis- conduct of any of the a~ents, officers or employees of the Company. (i) All construction, maintenance, repair and operation of telephone faeilities shall be done in accordance with specifications approved by the City, and such construction, repair, maintenance, and operation shall eQmply with existing and future ordinances of said City. -3- r I I ! v (j) The company and its successors and assigns shall keep and maintain an office and operator on lines of telephone wires, at some con- venient location within said City, and connected and used with the telephone system of said Company. (k) The Company agrees to maintain and operate, at all time during the existence of this franchise. 8 telephone system adequate to serve all residents of the C1ty of SAward, who request service and pay the established rate for the service desired, and the Company shall increase or extend its service within the City of SAward as population growth and service demands shall require. All facilities owned by the Company shall be devoted first to serving residents of the City of Seward and telephone service beyond the corporate limits of the City shall be deemed a secondary service, unless the facilities within said City are adequate to meet the requirements of this ordinance. The Company shHII, within three (3) years from date of approval of this ordinance, unless Military needs shall further hinder the installation of a dial telephone system of adequate facilities to render service to all then existing customers in the City, and such other persons as may request telephone service, and until such j4ilitary requirements are released to public use, then the requirements to meet this ordinance shall be fulfilled. (1) The City shull. at all times during the existence of this franchise, have free use of the C08pany's facilities for the purpose of placing wires for its fire al~rm connections, and any and all telephone instruments, which may at bny time connect with the said telephone exchange, may be used by the public for the purpose of giving alarms of fire, without any charge or toll therefor by the Companw. (m) The City, at all times during the existence of the privilege granted, shlllll have from said Company, its successors or assigns, the use, free of charge, of two (2) telephones connected with the telephone system of said City, one of said phones to be placed in the Fire DApartment and the other in the Police Department office of said City. w4- .." .0'..... .....", ..... ....'....... ,.,......,jUHliJlln, 11'1.: irnH'"I, ~ II ! I (n) The Company shall not, in any manner, discriminate between the City nor any of the inhabitants thereof, in furnishing telephones to any and all persons residing within the City limits upon the terms that telephones are furnished other persons as herein provided. Section 3. The following rates, which shall be collected monthly until changed as permitted by this ordinance, shall be charged by the CompanJ SCHEDULE OF MONTHLY RATES Business Service I-Party, Wall I-Party, Desk Extension, Wall Extension, Desk aff Premises, Extension, Wall Off Premises, Extension, DeSk P.B.X. Station, Wall P.B.X. Station, Desk Trunk Charges: ~.B.X. Trunks and. Inter-Exchange Trunks, LQcal use only Toll Switching Trunks (To A.C.S.) Toll Use only Resid.ential Service: l-Pl!lrty, Wall I-Party, Desk l!!...Party, Well 2-Party J Desk Bxtension, Wall Extension, Desk o~r Premise~J Extension, Wall Off Premises, Extension, Desk Vacation rate (1/2 of regular rate - up to 4 months) .iscel1aneous Eau1pment: Loud Ringing Bell .Tack and Plug Extension Bell $12.00 12.25 1.75 2.00 2.75 3.00 1.75 2.00 $12.00 12.00 . 6.00 6.25 4.50 4.75 1.50 1.75 2.50 2.75 Miscellaneous Charges: Installation Charges Installation Charges (left in disconnect) Outside Move Change of location (inside) $ 1.25 .50 .50 $ 5.00 2.50 5.00 2.50 Leased ORbls Pair Office Wiring Plans Directory Advertising Rates on request He tea on request Rates on request i i 11,1, I! \, i I ~ , The Company, at no time during the term of this franchise, shall charge or exact any fee or other charge except as noted herein. Telephone units shall be owned and. maintained by the Company and every person receiving service, who pays the required fees set forth herein shall have the right to talk over said telephone to any other telephone within the system maintall \, by the Company within the City of Seward. -5.. , " -- ~_. -~~"..~_. r I I I I Section 4. (a) The Oompany shall, at all times during the existence of this franchise, establish and maintain an accounting system and a system of records in accordance with the reruirements of the Federal Communications Commission and all records pertaining to the business of the Company, and pertinent to the establishment of any rates or adjusting existing rates shall, at all times, be available to the Council of the City and other persons duly authorized to act on behalf of the Council. (b) The rates specified in this ordinance shall not be adjusted or changed by the Company or increased or decreased by it, without the approval of the City Council. The Company shall, at all times, be entitled to a reasonable return upon its invested capital, such capital investment, for the purpose of determining the reasonableness of rates, to be limited to facilities located within the City of Seward. (c) If the Company deems that the rates, specified in this ordinance, are not sufficient to ACCrue a reasonable return upon its in- vestment, an application for an adjustment of Bny particular rate, or of the / j~hole rate structure, shall be filed with the City Council. Upon the filing of such an application the Company shall submit therewith such records as the Council may require. Public hearing, upon such application, shall be held at the second regular Council meeting following the date such applica- tion is received. All representatives of the Company desiring to appear in behalf of such application sh~ll be heard. Residents of the City of Seward shall also have 'the right to appearmd present information relating to the adequacy, continuity and type of service rendered by the Company. (d) Notice of said public hearing shall be given by posting, in three conspicuous public places, a written notice of the time, place, and purpose of such hearing. The hearing upon such application may, for the convenience of either party, be recessed from time to time by the Council. When all persons, desiring to appear at the hearing, have been heard upon such application, the Council shall have one week in which to review all of the information received, and at the next regular meeting following the adjournment of the hearing upon the application, shall take action by resolution, either to accept, in whole or in part, said application, or reject the same. .6- ~.............,1tit~~__::-:-_~___ .<1 I I I I I I I I I I Should the Council, for the benefit of the residents of the Oity of Seward, desire qn adjustment or reduction in any of the rates set forth in this ordinance, said Council shall cause to be served upon the representative of the company a notice that public hearing will be held upon the reasonableness of the rates then in effect. Such notice shall be in writing and shall be served upon the Company's local agent at least three months prior to the date upon which a public hearing is to be held, and public notice of such meeting shall be given in the manner provided for a hearing upon an application of the Company, as herein provided, and all subsequent proceedings shall be conducted in the same manner as is provided for the hearing of Company applications. ...../ 4- ! j ,. ... . ~ Section 5. The Company, or its successors and assigns, shall, within ....... thirty days after the approval of this ordinance by the requisite majority of the qualified electors of the City of Seward, called and held for the t \~ '. purpose of ratifying this ordinance, file 3 written acceptance hereon, and ~, ' ,~ in the event that such acceptance is not filed within the time prescribed, , ,;n a franchise hereby created, although approved by the electors as re- 1rq~ired by law, may, at the option of the City, be forfeited. {'ll' The written a cceptance of this franchise, as herein provided, ~ by the Company shall be constituted, and is hereby declared to be, a / d \I . ~ ~ I'Ll assigns, to carry out the terms herein set forth. ~~ ~~. Section 6. This ordinance, upon approval by the electors of the '\\\ City of Seward as required by law, and the acceptance by the Company as contract and agreement upon the part of the Company, its successors and herein required, subject to all of the terms and conditions hereof, the performance of which are re~uired of said company, shall be in force and affect for a period of 20 years from and after the date of its approval by the electors of said City, voting at an election called for the purpose , .af ratifying or rejecting this franchise. If this cr dinance be not &Dproved by the requisite majority of electors voting at an election called for the purpose herein set forth, this ordinance sh~ll be void, but if approved by a majority, as required by law, this ordinance upon acceptance by the Company, as herein required, shell be and constitute a binding contract upon both the City of Seward and said Company. -. ..7- ,,'__.'" _...__...,....,..._.c......,--'-':.. :i. ._,.,....."l<." r I I Section 7. Should the Company fail to establish or maintain adequate facilities, or having established the same fail to operate the same, or fail to render to the public reasunable service as herein con- templated, during ahy period of time for which this frcmchise is granted, or fail to perform the conditions herein imposed upon the Company, then and in such instances said frdnchise herein granted shall become null and void. and the failure of the Company to comply with the provisions of this ordinance shall operate as a forfeiture of all rights, privileges, and authority herein~anted to the Company. Section 8. All telephone construction shall be built according to Bell specifications unless otherwise agreed. Passed and approved this 24th day of November, 1950. Approved ~1. ;t;...~. ~-7r !layor Attest: ~~:.~~ City Clerk. ,;