[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 1-16-1975 (Sec. 13-3 of the 1980 Code). Amendments noted where applicable.]
[Amended 9-18-1997]
There is hereby granted by the Village of Bosque Farms, hereinafter called the "Village," to the US West Communications, Inc., hereinafter called the "Company," the nonexclusive right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now in use or dedicated, and all extensions thereof, and additions thereto, in said Village, poles, wires, cables, underground conduits, manholes and other telephone fixtures necessary or proper for the maintenance and operation in said Village of a telephone exchange and lines connected therewith; provided, however, that no poles or other fixtures shall be placed where the same will interfere with any electric light, water hydrant or water main, and shall be placed in such manner as to cause a minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys, or public ways and places, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lots abutting on said alley and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.
The Village shall have the privilege, during the life of this franchise, free of charge, where aerial construction exists, of maintaining upon the poles of the Company within the Village limits wire and pole fixtures necessary for a police and fire alarm system, such wires and fixtures to be placed and maintained under the supervision of the Company. The Village, in its use and maintenance of such wires and fixtures, shall at all times comply with the rules and regulations of the Company, and the provisions of the latest edition of the National Electrical Safety Code, so that there may be minimum danger of contact or conflict between the wires and fixtures of the Company and the wires and fixtures of the Village. It is further agreed, in order to avoid danger to life and property, that the above privilege is granted on condition that no such police or fire alarm wires or fixtures of the Village shall be placed on poles carrying electric light or power wires, nor shall said police or fire alarm wires or other fixtures be exposed, without the consent of the Company, to the danger of contact with any conductor carrying a voltage greater than the normal telephone voltage. The Village shall be solely responsible for all injury to persons or damage to property arising out of the construction or maintenance of said police and fire alarm fixtures, or arising out of the attachment, maintenance or removal of said wires and fixtures to the poles of the Company. In cases of rearrangement of the Company's plant, or removal of poles or fixtures, the Village shall care for or remove its own fixtures, and shall save the Company harmless from any damage or injury to persons or property, including property of the Village, arising out of the removal or construction of its wires or other fixtures.
The said Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the Village and to such reasonable regulations as the Village may, by resolution or ordinance, hereafter provide. It is expressly understood and agreed by and between the said Company and the Village that said Company shall save the Village harmless from all loss sustained by the Village on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of said Company in the construction or maintenance of its telephone system in the Village. The Village shall notify the Company's representative within five days after the presentation of any claim or demand, either by suit or otherwise, made against the Village on account of any negligence as aforesaid on the part of the Company.
In case of any disturbance of pavement, sidewalk, driveway other surfacing, the Company shall, at its own cost and expense and in a manner entirely satisfactory to the Village, and subject to the jurisdiction of said Village, respecting the subject, replace and restore all paving, sidewalk, driveway or surface of any streets or alley disturbed, in as good condition as before said work was commenced.
Any person or corporation desiring to move a building or other structure along, or to make any unusual use of the streets, alleys and public ways of the Village which shall interfere with the poles, wires or fixtures of said Company, shall first give notice to the said Company, and before a permit is given by the Village therefor, the applicant shall present a receipt from the Company showing said payment; thereupon, the said Company, upon presentation of said permit, shall within 48 hours thereafter provide for and do such cutting, altering and moving of said wires and fixtures as may be necessary to allow such moving or unusual use of the streets, alleys and public ways of the Village.
As a further consideration for this franchise, the Company shall pay to the Village an amount equal to 2% of the gross revenues, exclusive of all federal and state excise taxes, received for local exchange telephone service furnished to subscribers of the Company within the Village of Bosque Farms. Payment shall be made in semiannual installments within 60 days after January 1 and July 1 of each year during the term of this franchise.
The Village shall have the right, at all reasonable times, to inspect the books and records of the Company pertaining to the Company's gross revenue for local exchange service received from telephone subscribers located within the limits of the Village.
The Village agrees to pay to the Company, in accordance with standard tariff schedules, the rates and charges for all telephone service of any description whatsoever rendered by the Company to the Village, except the cost, value or rental of attachments made by the Village to the poles of the Company as provided in § 13-3-2 hereof.
In consideration of the payments hereinabove provided for, it is expressly understood and agreed by the Company and the Village that the payments above specified be in lieu of any and all franchise, license, occupation, or any other form of excise or revenue tax (except general ad valorem property taxes and special assessments for local improvements), based upon or measured by the revenue, employees, payroll, property, poles, wires, instruments, conduits, pipes, fixtures or other appurtenances of the Company, and all other property or equipment of the Company or any part thereof, provided that said payments shall continue only so long as the Company is not prohibited from making the same by any lawful authority having jurisdiction in the premises, and so long as the Village does not charge, levy or collect, or attempt to charge, levy or collect, any of the forms of taxes specified above in this paragraph; and if any lawful authority having jurisdiction in the premises shall hereafter prohibit such payment or payments, or if the Village does levy, charge or collect or attempt to levy, charge or collect any of the forms of taxes specified in this paragraph, the obligation to make such payments as hereinabove provided shall forthwith cease.
The franchise and rights herein granted shall continue in force and effect for a term of 25 years after the effective date of this franchise.
This ordinance shall take effect and be in full force and effect 30 days after its passage and approval; provided the Company, within said 30 days, shall have filed with the Village Clerk of the Village of Bosque Farms an unconditional acceptance thereof. Within 10 days after the filing of said acceptance, the Village Clerk shall acknowledge in writing the receipt of said acceptance.