(ORD # 08-07)
Chapter 88–Telephone Franchise
88.010. Franchise granted. That the EMBARQ Missouri Inc. (Grantee) a corporation organized under the laws of the State of Missouri and authorized to do business in the State of Missouri, its successors and assigns is hereby granted the right, in operating a telephone system, to construct and maintain all the necessary poles, wires, cables, pole and wire fixtures, communications plant, and maintain such poles and string the same with wire and cable along the streets, avenues, boulevards alleys and other public places of the City of Holden(City), and to construct or lay an maintain such conduits as Guarantee, its successors and assigns, may require, under the streets, avenues, boulevards, alleys and other public places of the City, all for the purpose of furnishing communications services, both audible and visual , to the public by telephone or other electrical or electromagnetic means, under the following terms and conditions:
- The term of this grant shall be for ten (10) years from this date, subject to all ordinances regulating and controlling communications lines or systems in the City.
- All poles and overhead wires or cables erected under this ordinance shall be placed, whether on the City’s streets, avenues, boulevards, alleys or other public places as not to interfere unnecessarily with the ordinary travel on the streets, avenues, boulevards, alleys or other public places. All poles erected under this ordinance shall be located as not to injure unnecessarily any drains, sewers, catch basins, or other like public improvements, and the Grantee shall immediately repair any damages so caused to the satisfaction of the Mayor, or some other authorized City official of the City, and if the Grantee defaults in its obligations to make these repairs, the City may repair the damage and charge actual costs to, and collect the same from, the Grantee, consistent with Section 67.1834 RSMo.
3)The poles of the Grantee, its successors and assigns, shall be placed and erected in such a manner as not unreasonably to interfere with the orderly conduct of the business and the rights of any public service corporation having a right to operate its business in the City.
- All work of location and erecting poles or placing underground conduit under and by virtue of this ordinance shall be done in cooperation with the Mayor, or some other authorized City official.
- The Grantee shall hold the City free and harmless from all damages arising by reason of any abuse or negligence caused by Grantee in this occupancy, for the payment of which the City may have become liable to any person, persons ot corporations, by reason of the granting of this ordinance or by reason of the construction or operation of Grantee’s communications system, or by reason of the Grantee failing to conform or comply with any of the provisions or requirements of this ordinance.
- The Grantee shall remove, raise or adjust its aerial plant after fortyeight (48) hours notice by the Mayor of the City, or another properly authorized City official, for the purpose of permitting the moving of horses, or other structures, along the streets of said City; however, the person or persons for whose benefit such communications plant is removes, raised or adjusted, shall first secure proper permission from said City for the moving and agree to pay the Grantee for its related costs and damages. If desired, and advance deposit by the mover may be required by the Grantee.
- Permission is hereby granted to the Grantee 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 wires and cables of the Grantee, all such trimming to be done with the approval of any city official to whom said duties have been or may be delegated.
- Consistent with Section 67.1840 RSMo., Grantee will pay any right-ofway permit fee assessed by the City that are based on actual, substantiated costs reasonably incurred by the City.
- Grantee shall file its acceptance of this ordinance with the City of the City within thirty (30) days after its passage and approval.
- Grantee’s proven failure to comply with the terms and conditions of this ordinance shall work as a forfeiture of the city’s consent for Grantee to occupy the right-of-way.
- The rights hereunder, may be assisted by the Grantee as well as all succeeding grantees, at their option, and the assigns shall succeed to all the rights, duties and liabilities of the Grantee hereunder.
- All ordinances or parts of all ordinances in conflict herewith are hereby repealed.
(Ordinance # 09-07)
Consistent with Section 67.1846 RSMo the City hereby establishes a business license fee of 5 percent of the local service revenues to the City, effective March 13, 2007 to be paid semiannually,inarrears and such payments shall be made by the 1st day of January/July each year of the period covered during the term of this ordinance. This payment shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the period covered during the term of this ordinance. FOR PURPOSES OF THIS ordinance, local service revenue” shall include all revenues received by Grantee for the provision of basic local exchange telecommunications service, including those mandatory services which expand the basic local calling scope of the customer or subscriber, but shall not include charges for special services, long distance calls, access charges or services considered basic local exchange telecommunications service. The City further agrees that to the extent allowed by Missouri law, the Grantee, may pass through and collect this payment amount from its customers.