[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.