Ordinance 205 - Poles and Telephone Lines-J49
0 R-D INANCE 'N 0 . 205.
AiT 001101TCE GRANTING TO W. 54 GRIFFIN OR hIS ASSIGNS TBE
RIGET TO PLACE AND TAINTAIN POLES AND TELEPHONE LIKES IN TAN 7
STREETS, AILYY5 AND PUBLIC WAYS OP TYR CITY 07 KAMISPESL ON VEEP,
TERMS AND CONDITIONS HEREIN STATED.
BE IT ORDA17RD BY ThE CITY COUNCIL OF THE cITY OF KAMSPRIL,
Section 1. That W. H. Griffin and his assigns is hereby auth-
orized and permitted to erect and maintain in th, streets, alleys
and public ways of said City poles, fixtures and wires necessary
for the purpose of 'pplying the citizens of said City, and to the
public comi"aumoat icn by telephone or other improved electrical
devi eves of the nature of a telephone system. Svc use to be con-
tinued upon the terms and conditions hereinafter stated.
Section 2. Upon the filing with tie Clerk of the :3 aid City
of Kalispell of a written notice of the intention of said W.H
Griffinior his assigns to construct, maintain and operate a line
or system of telephone within said City, the City Council shall
at its first meeting he-eafter instruct the City Engineer of sadd
City to desienate the streets, avenues and alleys of said City
where poles may be located and thereafterripen the presonttion
to, and filine with the said City Engineer -of a plat or map in
in conformity thereto showing the Streets, avenues and alleys upn
which poles are desired to be erected an! wires to be placed, the
said City Engineer shall prongtly designate upon such plat or
map thn places upon andoklon; said Streets, Avenues and Alleys
'where poles may be located whichere siFnation shall be subject to
and in conformity with the provisions of this ordinance; providd
that it shall be the My of the. engineer or in all cases to
designate the places in alleys wheh Ptacticable for such poles
to be located. Abeing the intention and purpose of the Council
to reqvire all poles to be located it and all wires to be strung
.along alleys, except in such instances,where it is impract1dablo-N
to use an, alley for such purposes; and provid ed further that the
City Counwil reserves the right to require said W. H. Griffin or
his assigns, at his or their cost or expense, to change the lo-
catinn-of any pole or poles when in the judgment of the Council
such cliange shall at any time be deemed necessary or proper.
section 3. All wires except service wires shall be placed
not less than twenty-five feet above the ground and no wires shil
be so placed as to interfere with the proper or successful op-
eration of the wires of any other association, corporation or i-111,
divIdual. Service wires shall be strung in accordance, wits: the
direction of thn City Engineer. The Conncil reserves the right
to require by resolution or direction of its City Engineer, the
said W. H. Griffin and his assigns to carry any and all wires in
c ables wherever the Council or City Rngineer slall deem, it nec-
essary or proper to use suah cables.
Section 4. In c on5 ide rat ion wha reef sat d W. H. Gr if f in or
his assigns, sialland by the acceptance of this ordinance does
agree to allow 'the dity of Kal ispd 1, Montana, for off ic ial
services, the use of ten telephones free of charge, during the
period of time said W. H. Qriffin, or his assQns, wag naintain
and operate with in said City its lines and telephone system.
Section 5. The City Cquncll reserves the right to regulate
and fix the rate of tolls and charges to be made or imposed by
said company,Sjon the Qhabitmts of sEad City, provided that
such tolls and charges sell, be uniform.
Section 6. The right to use the streets, alleys and public
ways of said City shallnot be deemed oxclusive and the City Cov-_
cil reserves the riCht to establish a telephone system to be
owned and controlled by the Cite for the use of the inhabitants
the7eof, and also reserves the right to grant any othor additialit
al telephone franchise and right of way to any person, company
or individual?
Section ?. If the said W.H.Griffin dr his assigns, shall
within a period of two months fail to start construction and
within twelve months after the passage and approval of this ord-
Qakce fail to ester blish, operate and iziaintain a telephone sys-
tem within said City or thereafter fail, refuse or neElect to
make such reasonable extensions of said s7stem as the.CityCoundl
may direct, then in that event the .City Covncil may upon thirty
days not i:e to said W. H. Griffin or his assigns, and upon due
pro6f that said W. H. Griffin, or his assigns, have fail od to
construct, ope-ate and maintl n a telephone system in sue: d City
or have neglected failed or refused to rake: such reasonable ex-
tension as the City Council may direct; may declare such rig -hat
of way, the right Q the use J the streets, alleys and public
ways of said City of said W. H. Griffin, or his assigns forfeita
section 6. The 'said W. H. Griffin and assigns agree to
construct, operate and maintain their ssaid telephone system in
a caraful. manner and at all times save the City and officials t
thereof harm ss on account of any negligence or carelessness
on the part of said W. H. Griffin, or his assigns, agents, serv-
ants or eiqployee6 in the cons t. ruct ion, operation and maintenance
thereof.
-- Section 9. The said City hereby reserves the rIght, free
of charge, to use the poles to be erected and ma intained by
said W. H. Griffin and his assigns for the purpose of establish-
ing, operating and maintaining a fire alarm system in said City
of Xal'spell.
Section 10. This Ordinance is given upon a)ndition that
said W. H. Griffin dr his assigns, shall erect and operate a long
distanne telephone line jetween KAI.ispell and Ravelli orsome
other suitable point, having lone distance connections and is to
ho void if said long distance line is not erected and,maintained.
409
(4). The right of said City to use said property is hereby
limited to street purpa3 es solely, and it shall not have the
right to grant any franchise, or permit, or r ighX of way,
across, along or over said strip of land hereinbefore de-
s Bribed, or any portion thereof, to any person, railway or
other company for laying tracks or maintaining a line or rail-
way of any kind thereon, and no ra ilua,y track or tracks, ex-
c ept - ng those p rov,id. ed for in Article Three of t hi s a gree tent
shall .ever be laid upon said strip which said City is hereby per
muted to use for street purposes.
(5) . The said City may grate, pave, sidewalk -or otherwise
improve the lands hereinbefore mentioned for street purposes,
but such aprovements shall,be made at the sole cost and
expense of the City, and the Company shall not be required
to contribute thereto except as a general tax payer of the
City, and no assessment shall ever be levied upon any of the
property of said Railway Company, either as an abutting € caner
or mherwise, for grading paving, sidewalking or otherwise
improving said land fa- street purposes. Provided, however,
and it is hereby agreed, that no sidemralk shall ever be ccn-
stru ted along the north s t e of the property . here inb efofe
described, and ths, use of which is hereby authorized for
street purposes, it being the intention hereof that sidewalk may
be constructed along the south side of said strip of land,
but that the north side thereof shall be kept Free of any
sidewalk, so that the same may be used for driving purposes up
to thD south line Of the CorTany's property.
(6) . The City will, at its 9wn cost and expense, put in and
maintain a suitable crossing across said strip-- ofo lan€i leading
to and from the pa.sspnger . deport and freight depot of said
Railway Company situated on adjoining lands.
(7) . In case said City shall rail, neglect or refuse to
keep the covenants hereinbefore set forth to be by it kept
and performed, all rights herein given by the Railway Company to
the City chsll terminate and be at an end, and the right to
use for street purposes herein given to said City shall cease
and the Company shall have the right to, immediately take
possession of all the property.herein described, and to exclid e
said City and the public theref€ rem and deny to said City and
the public the right to make any ape of the -same for street or
other m poses, it being the intention hereof that the City
sha.l.l. have the right to use the lands hereinbefore mentioned
for street purposes only so long as it shall comply with
the covenants and agreements herein contained.
IN SUESS WEEREOF, the said part h s have executed this
agreement v in duplicate the day ant year first above written."
THUPORE, BE IT ORDAINED BY TBE COUCNIh OF THE CITY 4P
KAL WPE L:
Section 1. That said coot"act and offer be, and the same is
hereby accepted, ratified and approved by the City of Kalispell.,
an6 that the Honorable Mayor and City Clerk be, and they are,
herby authorized and instructed to execute the said agree-
ment on behalf of the City of Kalispell, and any and all
rights to the use of said strip of ground granted to the said
Cite f Kali.spel.l by virtue of said contract shall. terminate
and cease to ax,ist at, the option of the Railway Corapany,
in case arer of the t e rms of said c ont Tact are violated
or ignored by said City.
Passed are? approved "this 7th dad' of September, 1909.
B. Jore.s
Mayor.
Att^st:
H. A. Kew all
CzY Clerk,
BE IT ?,FS OLV 9 3 BY VO, CITY COYCIL OF 10 C TTv 0747 KAL I PFLL:
That :the scam of One Hundred Forty-six Dollars
( 146. C0+ .be transferred from the Dog Fend to the General
Fund.
Passed and approved this 7th dad= of September, 1909.
Attest:
H. A. Kendall,:.
C R-y—ld lerk.
B. Jones
yar