Show AN ORDINANCE an ordinance granting to the blocky oun iain belt telephone company the kight to construct operate anil Alain iain underground pipes or conduits and vire and other conductors arid appliances for the arans mission of i for the purpose of to the public communication muni cation by telephone or other improved electrical device in the city of ogdan utah be it ordained by the city of ogdan i 1 abat the rocky mountain bell telephone company Us successors and assigns is hereby granted the right to construct operate and maintain along and across the streets avenues alleys or obier thoroughfares of ogden pipes pr conduits with the necessary manholes and oher appurtenances and to ein such pipes or consul or 9 ther conductors and appliances ances bior tha transmission of electricity for the purpose of supplying to the public communication by telephone or other improved electrical device also the right operate and maintain branch pipes or conduits containing wires or other conductors and appliances for the purpose aforesaid at such points and in such manner as may be best adapted to the respective locations loc atins or requirements of its patrons or subscribers also the right to erect such poles as may be needed for distributing the wires to subscribers from the underground conduits provided however that the number of such distributing poles erected under this grant shall not exceed one to the block on each side of the street and where practicable such distributing poles shall be set in alleys and provided said poles do not interfere will electric lights or other prior uses of poles or posts section 2 the location of present poles and overhead wires and the right to extend same beyond the paved districts is approved except where same obstruct lights and the paid grantee f and assigns shall begin to place its wirt and fixtures in underground conduits con drits in the present paved districts af the city within one year and complete same within three years and upon comp lion of said conduits and any extensions of same the overhead poles wires and fixtures shall be removed from tho street P except as otherwise provided no pole shall hereafter be set within 50 feet of an arc light used for street lights section 3 in consideration the said grantee its successors or assists shall provide space in its conduits constructed under authority of this ordinance necessary for alic cites fire alarm and police wires and other public use not requiring heavier currents than telephone wires and such space shall be used by the city free of cost or rent during the life of this franchise the city th roush its T letric ll or other designated agent shall have free access to said paws or conduits at all times andr the direction 01 the local manager lmh grantee auw bordt or for the purpose of placing and replacing or removing its wires or othni conductors and in further consideration and in lieu of lipf nse the gentee its successors or assigns shall furnish to the city twenty telephones free of cost and with exchange service for tho citon population up to with free id for police department for apprehending criminals within a radius of sixty miles aty qty telephone exchange service for cacti of the population between and 1 one telephone 1 with exchange service for each of the cites population above during alie life of this franchise and in further consideration for pc copying the streets avenues alleys ana public thoroughfares as aforesaid tha grantee shall pay to the city of ogden upon the passage approval and acceptance of this ordinance one thousand collars and annually thereafter on or before the day of january wa ind thereafter each year a like amount it one thousand dollars during the temi f chii ordinance section 4 AH drenching trenching tren ching and other caf and all refilling and other work jone by the grantee in any of the at SW alleys or public thoroughfares ough fares shall be under the ion and to the satisfaction of the city engineer and in case any curb putter pavement or other public property ahall be displaced in excavating any work larein authorized the same ahall be restored by the city and the such restoration shall be paid by th f rantee provided that said gran tea disturb any curb gutler or pavement or other public improvement it shall make a cash deposit with abo city engineer or other designated au dhority tho rity for an estimated amount to cov cr the cot of replacing any curb gutter or pavement or other public improvement pro and upon the restoration fit same if said estimate exceeds the actual cost alie ahall be refunded grantee or if said estimate fall lalow the estimated xa grantee shall pay the difference to the raid city engineer or other deila bated authority tion 5 befaro commencing on any section or division of the work herein an the grantee its or aligns shall prepare and filo with the city engineer detailed plans ot th epro py bcd work on such section or division oli owing its location dimensions and character and all penns shall bo acceptable to the city engineer and alie work liaci iw performed in strict accordance with the plans so approved section C the location of all alpa and conduits shall bo such that they wll not interfere with any r ran water pipe previously laid and after iwa tion ol 01 aid or lia ve been fixed in tho lore provided the city shall not baine interfered by other artig folding ganta or from the acty except at tho coat of the parties pc rating under nab grants or rau mie and tien oth condition that ahall bo al fric 1 l the gajin efti her Kiik andt sach extent only 09 bar ly the city conn L not me frad ii d or unnerve harily nit cre or injure the n tho Grao twitt orsi or ahall in na way w liable or responsible for any action or damage that may occur in lc on or of boid pipe or con dutta jre 0 af or api by reason of the default or misconduct or otherwise or at all of grantee its or adigna or y of it and the f this dball be deemed on tha part of tha grantee for telf ita sue bior and insign ns ign to nv thi city fam fpm and all j and damage ef any latura arlanp out of any aeh w til conduct W kvick inay bl v aidria aid rit or bwy lyu ly u ahto ii f ava st ruction or operation of said pipes or conduits kirea or other appliances or I 1 appurtenances and to indemnify and re pay eaid city for any loss costs expanse or damage of any kind it may sustain by reason of any such default misconduct accident or injury which may be recovered of said city its agents or servants in its use of or conduits and appliances or appurtenances section S nothing in this ordinance sh allbe construed as granting to the rocky mountain bell telephone company its successors or assigns the exclusive right or to prevent the city from granting telephone franchises to othe companies or individuals provided no such franchise shall be granted to others upon more liberal terms section athis franchise is granted for the term of thirty au years from passage of this ordinance section 10 the said grantee its successors or assigns shall not be entitled to any of the rights or provisions of this ordinance until it shad have filed with the city clerk of the city of ogden within fifteen days from date of passage its written acceptance of same and all of its terms conditions and provisions and shall within the same time execute and file with the city recorder a bond in the sum of with sufficient sureties to be approved by the mayor and city council of the city of upon the faithful per firmance for mance and observance of all of the terms conditions and provisions of the said ordinance section 11 the grantee shall never charge for like service any higher toll or rental to subscribers than its present rate as agreed and filed in the recorders office and conviction thereof by either the city or any subscribers cause of action shall work immediately a forfeiture of this franchise 1 section 12 this ordinance shall take effect on its approval by the mayor and publication passed by the city council of ogden city utah feb 10 1003 W J city recorder unproved An proved this dav of february 1003 J C NYE mayor anro tern etite of uenh county of weber ass I 1 certify the above and forca oin ia n full true and correct copy of en entitled Ordinance An to the rocky mountain bell company the to construct operate and maintain under around ripen or conduits and wires and other and for he transmission of electricity for the of to the public communication by telephone or other improved electrical device in the city of ogden utah passed by the city council of city utah february 1903 and approved by the uon J C nac mavor pro tern of ogden city Fe fenard 1003 witness mv hand and the corporate of bede n cita utah this day hf february 1003 SEAL W J city recorder |