The Glenwood post., 1914-10-17

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te THE MOUNTAIN STATES fELE-
PHONE AND TELEGRAPH CON
PANY, . corporation, its successor
~ assigns, for the period Of ten tl0l
Year,, fr00 and after the date of the
paasaee Of this ordnance, the right
sAA privilege to construct, erect, 0per
! ate and maintain in, upon, along,
aeress, above, over and under the
streets, alleys, public ways and public
plsoes nov laid out or dedicated, or
which may hereafter be laid out or
| dedicated, and all extensions thereof,
and additions thereto, in said City,
poles, wires, cables, underground cpn-
duits, manhOles and other telephone
fixtures necessary or proper for the
| naintainanee and operation in said
City of 4 telephone exchange and lines
connected Herewith; provided, how
ever, that no poles or other fixtures
shall be placed where the same will
interfere with any gas lamp, electric
light, water hydrant or water main,
! and all such poles of other fixtures
placed in any street shall be placed At
the outer edge of the sidewalk and in
side of the curb line, and those placed
in alleys shall be placed close to the
line of the lot abutting On said alley,
and then in such . manner Is not to
interfere with the usual travel on said
streets, alleys and public ways.
Section 2. The City shall have the
privilege at any time of stringing and
maintaining, free of charge, upon the
poles of said Company within the City
limits, wires and pole fixtures, necessary
for a fire alarm system, said wires and
fixtures to be strung and maintained
under supervision of said Company's
Exchange Manager. In order to avoid
danger to the property of the Com
pany and the City, as well As to the
public, it is agreed that in case the
City decides to use the poles Of the
Telephone Company for its fire alarm
system, that no wires. or other fixtures
used in connection Herewith, shall be
placed upon poles carrying electric
light or power wires.
Section 3. The said Company, during
!
the City two per cent. e per cent? Of
the amount derived by said Company
from revenue for exchange service from
all subscribers directly connected with
the switchboard or switchboards of
said Company located in said City;
said payment to be made semi annually
on or before sixty 1907 days after
January first and July first of each
year, covering said revenue for the
six months next preceding January
first and July first of each year. Said
payment shall be in lieu of all poles
wire, occupation, privilege, license, or
other similar taxes now or hereafter
assessed against said Company by the
City.
All telephone service furnished by
said Company to the City shall be paid
for by the City At the regular schedule
rates of said Company applying in the
Glenwood Springs exchange.
Section 4. The said Company shall,
at all times during the life of this
franchise, be subject to all lawful ex-
ercise of the police power by the City,
and to such reasonable regulation as
the City may by resolution or ordi-
nance hereafter provide. 1t is expressly
understood and agreed by and between
the said Company and the City, that the
said Company shall save the City HARM
less from all loss sustained by the City
on account of any suit, judgment, ex-
ecution, claim or demand whatsoever
resulting from negligence on the part
of said Company in the construction
or maintainance of its telephone sys-
TEN in the City. The City shall notify
; the said Company's representatives in
said City within five (5) days afte-
the presentation of any claim or de,
mand either by suit or otherwise mada
against the City on account of any
such negligence As aforesaid on the
part Of said Company.
Section 5. Any person or corpora
ton desiring to move q building OF
other improvement along, or to take
any unusual use of the streets, alleys
and public ways of the City which
shall interfere with the poles, wires
or other fixtures of said Company OF
the City, shall first give notice to the
said Company or the City, as the case
may be, and shall pay to the said
Company or the City, as the case may
be, sum sufficient to cover the ex-
pense and damage incident to the cut
ting, altering and moving of the wires
or other fixtures of the said Company
or the City, and before a permit is
given by the City therefor, the appli-
cant shall present a receipt from the
said Company showing said payment:
thereupon the said Company. upon pre-
sentation of said permit shall within
twenty-four (24) hours thereafter, pro-
vide for and do such cutting, altering
and moving of the wires or other fix
lures of the said Company as may be
necessary to allow such moving or
other unusual use of the streets, alleys
and public ways Of the city.
Section 6. It is expressly under
stood and agreed by and between the
City and the said Company, that the
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