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Show of this franchise of said Co pany or its predecessors successors with respect to (T construction, operation Jj maintenance, either before after the life of this f ranchV ' of a telephone system in Jj ' City. SECTION 5. In further con' ' sideration for the franchiJ V herein granted, the CompW 1 during the life of this franchji shall pay to the City 0.5 j , ' cent of the gross revenue S v" rived by the Company from m, ', ' local exchange service revere ' received from subscribers ocat ' ed within Springville City hmit! ; and directly connected with ' L the switchboard or switch, f boards of the Company locauj in said City. Payments shall Z made on or before sixty day, after January 1 and July j o(lr each year, based upon the rew enue for the respective jjJ ' months period next precedimM the aforementioned dates o( each year. For the purpose of'." verifying .said revenue, tht' books of the Company pertain) ing thereto shall be open to'' inspection by duly authorized representatives of the City at all reasonable times, upon thft n giving of reasonable notice of 10 intention to inspect such bookj,' J SECTION 6. In consideration of the payments hereinabovd provided for, it is expressly uo- W' derstood and agreed by the City and the Company that thj inpayments in-payments so provided in Sec,'-11 tion 5 hereof shall be in lie "M of any and all other franchise,.--1 license, privilege, occupation, '3 8 or any other form of exercise 'P or revenue tax (except general-: "& ad valorem property taxes and n& special assessment for local r-ii improvements), based upon -rf measured by the revenue, envoi ployees, payroll, property, ",; poles, wires, instruments, coh.:-q duits, pipes, fixtures or other'; appurtenances of the Company,., and all other property or equip, ' ment of the Company or anj part thereof; provided thap' said payments shall continuf only so long as the CompanjJ;ra is not prohibited from making the same by any lawful author. ;-lti ity having jurisdiction in thl; te premises, and so long as tlf" City does not charge, levy oj -m collect, or attempt to Charge il? levy or collect any of thi -1 " forms of taxes specified abort in this paragraph; and if anj'1' lawful authority having juris Si diction in the premises shal fel hereafter prohibit such paymeil: )fc or payments, or if the Cit) :1 does levy, charge or collect ol are attempt to levy, charge or col 5ako lect any of the forms of taxel :: 0; specified in this paragraph, t.l obligation to make such pay; Hi ments as hereinabove provider i t shall forthwith cease. SECTION 7. This ordinandi! shall be deposited in the offe,,, of the City Recorder of tir" , City of Springville and shal,T be published once in a weekt newspaper published withl ' ' i said City within seven day -v a i after such filing, and shall i :,r in full force and effect on tS : -; . 1st day of July 1966, provide"'1 ! the Company, within thirty daj : . after the passage andapprovij I of this ordinance shall havef" ' . led with the City Council oftl . City of Springville an uncol ; ditional acceptance thereof 1 . writing. Within ten days aft( ' the filing of said acceptant ORDINANCE NO. 94 AN ORDINANCE granting to THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH TELE-GRAPH COMPANY, its successors suc-cessors and assigns, the right and privilege to construct, erect, operate and maintain over ov-er and under the streets, alleys, al-leys, and public ways in Springville, Utah, wires, cables and underground conduits, and to conduct a general telephone business. BE IT ORDAINED by the City Council of the City of Springville, Utah: SECTION 1. There is hereby here-by granted to The Mountain States Telephone and Telegraph Tele-graph Company, a .corporation, its successors and assigns, for a period of 25 years from and after the effective date of this ordinance, the right and privilege privi-lege to construct, erect, operate oper-ate and maintain in, upon, along, across, above, under and and over streets, alleys, public ways, public places, now or hereafter here-after laid out or dedicated, and all extensions thereof and additions ad-ditions thereto in the City of Springville, poles, wires, cables ca-bles , underground conduits, manholes and other fixtures and equipment necessary or proper for the maintenance and operation in said City of a telephone tel-ephone exchange and lines connected con-nected therewith ; provided however, how-ever, that no poles or other fixtures fix-tures shall be placed where the same will interfere with any gas mains, electric light or power lines, sewer lines, water wa-ter hydrant or water main; and all such poles or other fixtures placed on any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in the alleys shall be placed close to the line of the lot abutting on said alleys; such equipment or fixtures in any event shall be placed in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. SECTION 2. During the life of this franchise the Company shall be subject to all lawful exercise of the police power by the City and to such reasonable regulations thereunder as the City may by ordinance hereafter hereaf-ter provide. It is expressly understood un-derstood and agreed by and between be-tween the said Company and the City that the Company shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Company in the construction construc-tion and maintenance of its telephone system in the City. The City shall notify the Company's Com-pany's representative within five days after the presentation presenta-tion of any claim or demand either by suit or otherwise made against the City on account ac-count of any negligence as aforesaid on the part of the Company. the City Recorder, by ' addressed to the Secretary said Company at Denver, Col rado, shall acknowledge the t ceipt of said acceptance. SECTION 8. All ordinaw and parts of ordinances in flict herewith are hereby pressly repealed. Passed and adopted by City Council of the City Springville this 18th day " April 1966. I ATTEST: j Lloyd J. Ashcraft j City Recorder J (SEAL) ,! F. Calvin Packard Mayor i STATE OF UTAH r ! 88. I j . rM I Lloyd J. Ashcraft, CjtyJ corder of Springville, Ua, hereby certify that the s and foregoing is a full. N and correct copy of an nance entitled, "An ordi granting to The J -States Telephone and lew Company, its successors assigns, the right and pn to construct, erect, Perf . M maintain over and streets, alleys, and public in Springville, Utah, wirj bles and underground con j and to conduct a geneHrV K phone business." Fassei City Council of SprJ Utah as appears of vy, miN WfTNESS WHERSj have hereunto set my ""i:', affixed the corporate se : said City, this 19th day ' ,ot, ril 1966. k. (SEAL) . . Lloyd X AshcraH .. City Recorder Published in the SpnV,S( Herald April 21, 1986- -' SECTION 3. Any person or! corporation desiring to move a building or other improvement along, or to make any unusual use of the streets, alleys and public ways of the City which, in movement or use, would interfere in-terfere with the poles, wires or other fixtures of the Company Com-pany or the City, shall first give notice to the Company or the City, as the case may be, and shall pay to the Company or the City, as the case may be, a sum sufficient to cover the expenses and damage incident inci-dent to the cutting, altering and moving the wires or other fixtures of the Company or the City, and shall make application applica-tion for a permit from the City for such movement or use. Before Be-fore a permit is given by the City therefor, the applicant shall present a receipt from the Company showing such payment. Thereupon, the Company, Com-pany, upon presentation of the said permit, shall within 48 hours thereafter provide for and do such cutting, altering and moving of the wires or other fixtures of 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 4. It is expressly understood and agreed by the City that enactment of this franchise and its acceptance by the Company was and is made upon the express condition and understanding that neither the said enactment or the grant or acceptance of this franchise shall constitute a waiver upon the part of the Company of any rights or claims had or made by said Company with respect to the occupancy of the streets, alleys and public places pla-ces of the City under the law of the Territory of Utah and under the constitutional and general statutes of the State of Utah, nor shall anything in this franchise in anywise prejudice pre-judice or impair any rights or claims existing independently |
