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ORDINANCE NUMBER 450 An Ordinance Granting to the Iowa Telephone Company, an Iowa Corporation Having Its Principal Place of Business in the City of Mt. Pleasant, Iowa, Its Successors and Assigns, the Right, Privilege and Franchise, to Locate, Erect, Construct, Relocate, Replace, Operate, Maintain, Enlarge and Extend a Telephone System and Exchange in the City of Mt. Pleasant, Iowa and to Use and Occupy the Streets, Roads, Avenues, Highways, Alleys, Boulevards and Other Public Places in Said City for Said Purposes, and Renewing, Amending and Extending the Terms of the Presently Existing Grant and Franchise Held by Said Company in Said City, and Providing for the Submission of Said Franchise Matter to the Legal Electors of the City of Mt. Pleasant, Iowa at a Franchise Election. Be It Ordained by the Council of the City of Mt. Pleasant, Henry County, Iowa: Section 1. That there be and is hereby granted unto The Iowa Telephone Company, An Iowa Corporation having its principal place of business in the City of Mt. [Mount] Pleasant, Iowa, its successors and assigns, the right, privilege and franchise to locate, erect, construct, relocate, replace, extend, enlarge, repair, operate and maintain a general telephone system and exchange in the city of Mt. [Mount] Pleasant, Henry County, Iowa, and to enter upon, use and occupy the streets, roads, avenues, highways, alleys, boulevards, public grounds and other public places in the City of Mt. [Mount] Pleasant, Henry County, Iowa, in the supplying and furnishing to persons and firms and corporations residing in the City of Mt. [Mount] Pleasant, Iowa and to persons and firms and corporations beyond and outside of the City of Mt. [Mount] Pleasant, Henry County, Iowa, communication by telephone, with the right, privilege and franchise to locate, erect, construct, relocate, replace, extend, enlarge, repair, operate and maintain all necessary and convenient poles, conduits, man holes, apparatus, service pipes, fixtures, wires, cables, cross-arms, appliances, connections, and appurtenances, and to make house and building connections upon, on, along, in, under, across through and over said streets, roads, avenues, highways, alleys, boulevards, public grounds and other public places in said City, as are requisite for the complete equipment and furnishing and supplying of communication by telephone, and in receiving and transmitting intelligence by electricity for all purposes, in any manner and by any method or device. Section 2. That the right, privilege and franchise herein and hereby granted shall extend for a period of twenty-five (25) years from and after the expiration of the presently existing Franchise held by Iowa Telephone Company. Section 3. That the rights, privileges and franchise herein and hereby granted are subject to the exercise of the police power as the same now is or may hereafter be conferred upon the City of Mt. [Mount] Pleasant, Henry County, Iowa. Section 4. That the Iowa Telephone Company, its successors and assigns, shall at all times protect and save harmless the City of Mt. [Mount] Pleasant, Henry County, Iowa, from all damage or loss from or arising out of or by reason of the construction or maintenance or operation of said telephone system and exchange, except as to employees of the City of Mt. [Mount] Pleasant, Iowa. Section 5. That the Iowa Telephone Company, its successors and assigns, in constructing, maintaining and operating its telephone system and exchange, and in its use of the streets, roads, avenues, highways, alleys, boulevards, and other public places in the City of Mt. [Mount] Pleasant, Henry County, Iowa shall perform its necessary and convenient work with due care and with reasonable dispatch; and shall not unnecessarily obstruct travel; and shall protect the place while its work is in progress by guards, barriers or signals; and shall back fill all openings made by it in such a manner as to prevent settling or depressions in the surface; and shall replace the surface, pavement and sidewalk of any excavations made by it with the same or like material, so as to restore same, as nearly as is practical, to its condition prior to such excavation; and shall not unnecessarily interfere with any water mains, gas mains, sewers, or drains which are now or may hereafter be laid, except as the prior consent of the Council of the City of Mt. [Mount] Pleasant, Henry County, Iowa be first obtained; and shall repair any defects caused by it. Section 6. That in consideration of the rights, privileges and franchise herein and hereby granted, The Iowa Telephone Company, its successors and assigns, agrees to furnish the City of Mt. [Mount] Pleasant, Henry County, Iowa two (2) telephones, and a fire bar consisting of eight (8) connections, free of charge. Section 7. The Iowa Telephone Company shall pay all the expense incurred in connection with the passage and publication of this ordinance and all expenses incurred in holding the special election hereinafter provided for and called. Section 8. That The Iowa Telephone Company shall, and in writing, file with the City Clerk of the City of Mt. [Mount] Pleasant, Henry County, Iowa, accept the rights, privileges and franchise herein and hereby granted, within twenty-five (25) days from and after a majority of the legal electors voting thereon vote in favor of the same. Section 9. That this Ordinance shall be in full force and effect from and after its passage and publication as provided by law, and upon and at the expiration of the presently existing franchise held by the Iowa Telephone Company under Ordinance Number 191 passed by the Council of the City of Mt. [Mount] Pleasant, Iowa on December 18, 1950, and upon a majority of legal electors of the City of Mt. [Mount] Pleasant, Henry County, Iowa voting thereon voting in favor of the same at a special election hereinafter provided for and called, and upon the acceptance of the same as hereinbefore provided. Section 10. That the public measure of granting said rights, privileges and franchise provided for in this ordinance, shall be submitted to the vote of the legal electors of the City of Mt. [Mount] Pleasant, Henry County, Iowa at a franchise election, and a franchise election is hereby called and ordered to be held in the City of Mt. [Mount] Pleasant, Henry County, Iowa on the 4th day of November, A.D. 1975 and Notice of said election shall be given in the manner and form as is required by law. Passed, Adopted and Approved on this 20th day of August, A.D. 1975.
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