The Spanish Fork press. [volume] (Spanish Fork, Utah) 1902-current, 1905-09-28
AN ORDINANCE

GRANTING TO THE UTAH fHnEpENDBNf \ blE-
PHoNE COMPANY THE RiSHTTO CONSTRUCT
MAINTAIN AND OPERATE All NECESSARY
CoEDuCroRs AND APPLIANCES FOR TUE
| TRANSMISSION OF ELECrRlciTY fQR 1Hh
PURPOSE or SUPPLYING 10 TYR PUBldD
COMMUNICATIONS ny TgLBPHoNE OR DIHhh
IMPROVED ELECTRICAL DEVICE ~ SPANISH
FORK CRY, STATE or UTAH
sc il ordnined by the CITY Council OF spanish
Fork City
phone Company It's successors ana assigns
hereafter 10 be known and called ia this ord
nance "Grnntee." is hereby granted the right
| franchise and privilege to construct operate
ana maintain upon, along, through undeE i aRo
| In the streets alleys, lanes ana public nlth-
ways OF said city all necessary poles. posts
cables, wires, conduts and other suitable ma
| terial appliances and appurtenances necessary
and requisite TO the operation and maintenance
OF telephone exchange In said city Tor per-
iod OF 30 years.
Sec. II-That the said grantee, It's successors
and assigns shall, In erecting the said poles
and posts and in doing underground work dis
| turb the streets, sidewalks and pavements rs
little as possible, and shall at all times after
| erecting said poles and posts, wires and cables
replace all streets so disturbed by them nud
leave them 10 equally as good condition as they
were before being so disturbed.
Soc IfI-That the said grantee herein, us
successors and assigns, shall be wholly reSpon-
shle and liable for any and all damages that
may be adjudged against said city by reason OF
the erection, establishment, location, construc-
ton and maintenance of poles posts. wires, CON
duitsand any and all damages arising In any
said grantee OF the right herein granted shall
stop 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
vIDED, 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 all points whore
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,
us may be directed by the city council or some
committee or person authorized by IL 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-
| tion 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
by it for that purpose, the right being express
| IN reserved herein by the city council acting
| through such committee or person. TO condemn
any work OF construction not done or performed
| TO existing ordinances, and to stop and prevent
| the continuation of any such work contrary to
| this franchise or existing ordinances.
Sec. VIlI-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
| ish 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 oicials shall have free toll service for
all city business within 40 miles
| Sec. IX-If 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
same for the price at which the said property
| shall be offered
| Sec. X--unti the population of said city ex-
coed 10000 inhabitants the rate OF rentals OF
| telephones used for unlimited business purpo-
SEES within the corporate limits of said city shall
not exceed s36 90 per annum, and after such
population is reached such rental shall not ex-
| ceed Sis0 90 per annum; the rate OF rental for
| unlimited service telephones for private resi-
| dences within such radius until said city shall
| contain q population OF 10000 Inhabitants shall
not exceed the sum OF S24 90 per annum. and
| after such population shall have been exceeded
in said city such rental shall net exceed $50. 90
| per annum.
Sec. XI-Any combination, secret agree
ment, or understanding, or pooling or agree
ment to pool between the grantee, its 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 or 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 undt rstanding or pooling the grantee
herein and its successors and assigns expressly
agree and consenting to the jurisdiction OF said
council TO declare such forfeiture.
SEC. AII--The grantee herein, its successors
ana assigns, shall, as fast as the pavement of
| the streets OF Spanish Fork City shall be be-
gun, place It's wires in conduits on the streets
so paved, in advance of said pavement.
Sec Nlll--The franchise and privileges here
in and hereby granted shah 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-
ceptance in writing of this franchise, and all
its terms and conditions,
Sec. NIN--In consideration Of the granting of
the rights and privileges herein given to the
grantee, The Utah Independent Telephone
Company, hereby agrees 10 pay to Spanish
Fork City, upon the acceptance OF this fran
chiSe, the sum of 500 20, and the further sum
Of 1910 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. XV--This Ordinance shall continue to be
} In force for the term of thirty years, from and
after the date OF its passage,
Sec XVI--This ordinance shall take effect
upon it's passage and publication as required
Passed by the City Council of Spanish Forl
! City, this l9thday OF September A. y. 1905
JAMES NJ. GREER Mayor
CJtv Recorder