The Denison review. [volume] (Denison, Iowa) 1867-current, 1900-01-16
ORDINANCE NO. l52.

eAoSu SHu udluldlH llS pores anu lluoS
IN the Guy OF Denison, Iowa, ON the
conditions therein provided.
WHEREAS, The mayor of the city of
Denison, Ia, submitted 10 the voters
OF the City OF Denison, Iowa, at q spe-
cial election on Tuesday, January 9th,
1900, question of granting a franchise
to the Odebolt Telephone Company to
operate a telephone exchange and toll
line in the City of Denison, Iowa, and
WHEREAS, A majority of the legal
electors voting thereon, voted in favor
of granting such franchise now, there
fore:
Be it Ordained by the City Council of
the City of Denison, Iowa:
Sec. l. That the right is hereby
granted to the Odebolt Telephone Com
pany, its successors and assigns, to
erect, maintain and use upon the
streets, alleys and public highways OF
said City, the poles, wires and fixtures
necessary and convenient for supplying
10 the citizens of the said City and the
public, communication by telephone or
other electric signals, under the pro
visions of this Ordinance, until the first
day of January, 1920.
Sec. 2. That the location of the poles
and lines now i'll use is hereby approved,
and any change therein or extension
thereof shall be done under the direc
ton of the committee on streets and
alleys of the CITY Council.
Sec. 3. That said poles and wires
shall be placed and maintained SO AS
not to interfere with travel on said
highways, streets and alleys, and said
Company shall hold said City free and
harmless from all damages arising by
reason of any abuse or negligence in
such occupancy, and tn grant is made
and is to be enjoyed subject to all
reasonable regulations or Ordinances
of police nature as said City Council
may be authorized and see proper at
any time to adopt, not destructive to
the rights hereby granted, and in case
of change of grade or bringing to grade
or change of grade or curb line OF any
street, highway or alley, the said Ode
bolt Telephone Company shall remove
changed grade or curb line without any
expen.e to the City; and with regard to
cutting wires or removing poles for the
passage of any vehicle or structure, the
said Odebolt Telephone Company shall
upon notice of eight hours being Civ.
en- by the Mayor of the City. remove
said wires. poles or other distinctions
without any charge to the City for said
removal. but in no case shall said Com
pany be required to keep said wires or
poles removed for any longer period
than would be reasonable timefOr the
passage OF said vehicle or structures so
l passing.
Sec. 4. That the. rights OF use here
given shall not be exclusive. The City
i Council reserves the power to grant a
| like right of way or privileges to any
person or persons for similar uses. the
same however, not to interfere with the
reasonable exercise of the privileges
hereby granted.
Sec. 5. That in consideration where
of, said Odebolt Telephone Company
shall agree to allow the City to attach
at any time to any of said poles, the
. City's fire alarm and police wires, pro
vided. that the same shall not be done
so as to interfere with said COmpany's
use. and such attachment shall be made
and maintained under the direction OF
said Company's local manager in said
City. And in case said Company shall
at any time operate a telephone ex
change under this Ordinance, it shall
furnish one tele ,,hone to be maintained
at the City hall free of charge to the
City, and such further telephones as
the City Council may by resolution re
qure for City use, at so per cent dis
count from the regular prices from time
to time charged for business Offices
provided, that for each of the tele
phones so furnished, separate contracts
containing the customary provisions be
previously signed, having endorsed
thereon the concessions herein specified
Sec. g.. Should an exchange be eS
tablished under this Ordinance, sale
Odebolt Telephone Company shall,
whenever requested SO to do by any
property owner or citizen within the
limits of the City of Denison, Iowa, ex
, tend such telephone lines and furnish
said property owner or citizen with {
. telerhone upon the payment of the es
tablished rate and the signing of the
company's contract for the same. butir
no case or at no time within the five
> years following the establishment Of
such exchange shall said charges ex
coed one dollar and fifty cents pei
month for private residences, or TIVE
|, dollars for business houses, and these
rates shall be the maximum rates fo
the first five years aforesaid, provided
} that any change of rates made in futur,
by the City Council under an Ordinance
uoIolOloIo pdSSous SI0uGluB d SlMIld
franchise to the Iowa Telephone Com
pany, shall apply to the rates charged
by this Company with the same effec
and at the same time as to the sai(
l wa Telephone Company.
Sec. Z. That unless said Odebol
Telephone Company complete it's ex
change system within two years from
the date Of the passage Of this OIdi
nance this Ordinance shall then be null
and void and Of no effect and the fran
chise hereby granted is to be forfeited
Sec. 8. Said Company by refusal O
neglect to use the privileges hereil
J granted or by neglect or refusal tt
] maintain a sufficient telephone OK
t change in said city for the term OF three
! months at any time. after such ex
change is established, shall be deemed
!, non-user thereof and shall work a com
plete forfeiture of all the rights granite,
D in this franchise.
; Sec. 8. That this Ordinance shall
: take effect upon its passage and publ
! cation according to law, in the Officia
i papers of the City of Denison, Iowa
and upon the filing in the Office of tn
City Clerk of said CITY within thirt