The Spanish Fork press. [volume] (Spanish Fork, Utah) 1902-current, 1905-10-05
AN ORDINANCE

IGRAETfNG TO THE TAN lNDhr ~, ,ss.rp,tcgI
PHONE COMPANY rHE RIGHT TO C SSls,gs . !,
| MAIHTAIN,S 10 OPERATE ALL NACtnsAhl
1 CoNDutsfI eSND APPLIANCES FOR IHl
TRAEsMi - or ELEcrRicIIY FOR Dr., ~ ~
| PUhPos< APPLYING no THE PubldS
| CoMMUNTOAi..x By TELEPHONE OK W. .lii su
IMPROVED ELEA stcAL DEVICE N SPANISH
FORK CITY, SrATE or UTAH a,-.
Be y ordained by the City council oil spanish
Section THAT the Utah Independent Tele-
/ phone Company its successors ana assigns
hereafter TO be known and called IN TINS qIS IN,
| nance Grantee, is hereby granted the fiBht'
| franchise and privilege 10 construct Operate
| and maintain upon along. through. unuer anu
In the streets alleys. lanes and public high
| ways OF said city all necessary poles, posts
| cables WIRES conduits and other suitable ma
| tcriAl appliances and appurtenances necessary
| and requisite 10 the operation and maintenance
| OF telephone exchange in said city for per-
| iod of 30 years.
Sec. u-That the said grantee, its successors
| and assigns shall, in erecting the said poles
and posts and In doing underground work dls-
turb the streets, sidewalks and pavements as
little as possible, and shall al all times aiter
erecting said poles END posts, wires ana cables,
replace all streets So disturbed by them ana
leave them In equally as good condition as they
we're before being so disturbed
Sec. III-That the said grantee herein, It's
successors and assigns shall be wholly respon-
Sible and liable for any and all damages that
the erection establishment, location construc-
ton and maintenance OF poles, posts, wires, con-
duitsand any and all damages arising in any
manner thercfrom, and that an exercise by the
said grantee OF the right herein granted shall
estop II, its successors and assigns from deny
ing the acceptance OF this ordinance and all
conditions Hereunder
Sec. Iv--Spanish Fork City hereby reserves
the right to use, free OF expense TO the city the
poles herein provided for. which may be neces-
sary for the stringing Of wires for police, fire
alarm and other municipal purposes, Pro-
vlDED, such wires shall not interfere with the
proper use OF the wires OF grantee.
Sec, V-The construction Of the telephone
plant referred to herein shall commence within
six month after the granting of this ordinance,
and be completed with all convenient speed.
Sec. VIAL poles and posts used by the
grantee herein, It's successors and assigns, shall
be reasonably straight, and at oil points where
there Is an unusual strain, shall be sufficiently
stayed In workman-like manner, and at all
points shall be so placed as TO not interfere
with travel or the ordinary use Of the streets,
as may be directed by the city council or some
committee or person authorized by 1t for that
purpose, and shall further comply with the
terms and requirements OF existing ordinances
and ordinances which may be hereafter passed,
In relation to Size height, painting, and posi-
ton of the wires thereon.
Sec. VII-All work done by the grantee here
In in the public streets, lanes, and alleys, or
other public places in said city shall be done
by the grantee herein under the supervision
and inspection OF the city council, council com
mittee or other person or persons authorized
by 1t for that purpose, the right being express
ly reserved herein by the city council acting
through such committee or person, TO condemn
any work Of construction not done or performed
in accordance with this franchise or contrary
to existing ordinances, and to stop and prevent
the continuation OF any such work contrary to
this franchise, or existing ordinances.
Sec. VlII-That the said grantee, its success
sors and assigns shall furnish, maintain and
keep In repair free of charge, telephones not
exceeding three in number for the use of Span
sh Fork City, the location OF which telephones
shall be as directed by the city council, and
provided, that after the population of said city
exceeds 5000 inhabitants, the city shall have
free of charge one additional such telephone
for each 1000 Inhabitants or fraction Thereof in
excess of 5000 In addition to said telephones
all city officials shall have free toll service for
all city business within 20 miles.
See. XII at any time during the term of
this franchise the grantee herein shall desire
to sell its entire plant, property, and fran
chises, within the limits of said city, the said
city shall have the option of purchasing the
shall be offered.
Sec. X--Until the population Of said city ex-
ceed 10000 Inhabitants the rate OF rentals of
telephones used for unlimited business purpo-
SEES within the corporate limits of said city shall
not exceed 1900 per annum, and after such
population is reached such rental shall not ex-
coed s4S 90 per annum; the rate Of rental for
unlimited service telephones for private resi-
denceS within such radius until said city shall
contain population of 10000 Inhabitants shall
not exceed the sum OF ia 90 per annum, and
after such population shall have been exceeded
In said city such rental shall not exceed $50. 90
per annum.
Sec. XI-Any combination, secret agree
ment or understanding, or pooling or agree
ment to pool between the grantee, It's success
sors or assigns and any other person, firm or
corporation now engaged or which may here
after engage In the construction, maintenance
and operation OF any telephone line lines.
exchange or exchanges within the limits of
Spanish Fork City wherein or whereby and by
which the rates charged for the use of tele-
phones within the corporate limits OF Spanish
Fork City shall be fixed, shall cause and work
a forfeiture of this franchise as PEN
atty for any such combinations, secret agree
ment, understanding or pooling, the grantee
herein and It's successors and assigns expressly
agree and conscnting to the jurisdiction OF said
council TO declare such forfeiture.
Sec. Xll-IThe grantee herein, its successors
ana assigns, shall, as fast as the pavement of
the streets of Spanish Fork City shall be be-
gun place its wires in conduits on the streets
sopaved, in advance of said pavement.
sec. AlII--The franchise and privileges here
in and hereby granted shall be void and OF no
effect unless the grantee herein shall within
thirty days from the passage hereof, file with
the city recorder of Spanish Fork City, its ac-
ceptanco in writing of this franchise, and all
its terms and conditions.
Sec. XIV--In consideration ofthe granting of
the rights and privileges herein given to the
grantee, The Utah Independent Telephone
Company, hereby agrees to pay to Spanish
Fork City. upon the acceptance of this fran
chise, the sum of $4,000 and the further sum
OF 500 license tax per year on each telephone
installed in Spanish Fork City; said Payments
to be made to the city treasurer on or before
the second Monday in January in each year,
which shall be in lieu OF any license or special
tax.
Sec. XVThis Ordinance shall continue to be
in force for the term of thirty years, from and
after the date OF its passage
Sec XV1--This ordinance shall take effect
upon It's passage and publication as required
by law.
Passed by the City Council of Spanish Fork
City, this l9thday OF September A. ID, 1905
JAMES M. GREER kIayor.
Attest; w. A. JONES,
City Recorder.
=, State of Utah, County of Utah, Spanish Fork