The Northwestern Bell Telephone Company,
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a corporation, its successors and assigns (hereinafter referred to as “Grantee”), is hereby granted and vested with the nonexclusive right, franchise and privilege for a period of twenty-five (25) years from the effective date of the ordinance codified in this chapter,
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to acquire, construct, operate and maintain in the City the necessary facilities for the production, and sale of telephone services for public and private use and to construct and maintain along, upon, across and under the streets, highways, avenues, alleys, bridges and public places the necessary fixtures and equipment for such purposes.
Notes
| 7 | † EDITOR’S NOTE: The franchise has been assigned to Qwest. |
| 8 | ‡EDITOR'S NOTE: Ordinance No. 844 was adopted on May 3, 1982 |
The Grantee shall furnish reasonable, adequate and efficient telephone service to the residents of the City and shall maintain its system in reasonable repair and working order and provide equal facilities to the public and to all connecting lines for the transmission of communications in accordance with the laws of the State of Iowa and the Rules and Regulations of the Iowa Utilities Board.
The Grantee’s plant and equipment, including all transmission lines, whether overhead or underground, and other distribution facilities shall be installed in accordance with good engineering practices and shall be located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated so as not to endanger or interfere with the lives of persons, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic to public ways, places and structures. The erection, installation, construction, replacement, removal, repair, maintenance, and operation of the transmission system shall be in accordance with all applicable laws, regulations, and codes of the State and applicable ordinances, regulations and codes of the City. The Grantee shall restore all property of the City and of the inhabitants thereof to its original condition after the installation of either overhead or underground transmission lines.
All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. Grantee shall, upon 90 days’ written notice, remove or relocate said lines if the right-of-way upon which said lines are located is altered or changed for any reason. Such removal or relocation shall be undertaken at the sole expense of Grantee.
In case of any disturbance of pavement, sidewalk, driveway, or other surfacing, the Grantee shall at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good a condition as before said work was commenced.
The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the transmission or distribution lines of the Grantee, all trimming to be done at the expense of the Grantee.
Any opening or obstruction in the streets or other public ways made by the Grantee in the course of its operations, pursuant to the authority granted hereunder, shall be guarded and protected at all times by the placement of adequate barriers, fences or boarding, the bounds of which during periods of dusk and darkness shall be clearly designated by warning lights.
In the conduct of its operation pursuant to the franchise, the Grantee shall at all times use due care and diligence. The Grantee shall further defend, indemnify, protect and save harmless the City and its political subdivisions from and against any and all liability, losses and physical damage to property and bodily injury or death to any persons from any cause of action which any person may have or claim to have by reason of any act, conduct, negligence, fault or misconduct on the part of the Grantee, its agents, officers, servants or employees.
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