Chapter 112—Telephone Franchise

112.01 Franchise Granted
112.02 Regulations
112.03 Moving Buildings
112.04 Indemnification
112.05 Property of Grantee

112.01 FRANCHISE GRANTED.

Iowa Telecomm, a corporation, its successors and assigns (hereinafter referred to as “Grantee”) are hereby granted a franchise for a period of twenty-five (25) years from the effective date of the ordinance codified in this chapter† to acquire, construct, reconstruct, maintain, extend and operate such telephone plant or system and such facilities therefor, including lines, poles, wires, stubs, anchors, cables, vaults, laterals, conduits and other fixtures and equipment in, upon, through, over, under, along and across the public streets, alleys, highways and other passageways or public grounds of or in the corporate limits of the City as now or hereafter established, as may be necessary and/or convenient for supplying to the citizens of the City, to adjacent rural areas and to the public at large telephone and telecommunications service, local and long distance, and telecommunication by telephone or other electronic signals and for the conduct of a general telephone business therein.

112.02 REGULATIONS.

Grantee’s rights and privileges in the public ways and grounds of the City shall be exercised as follows:

  1. Locations of its existing system are hereby approved; changes of location, additions or extensions thereto affecting public grounds or ways shall be under the supervision of the City’s street committee or such other officer or officers as may be designated by the Mayor and Council for that purpose.
  2. The installations of the Grantee shall be so placed and the servicing and operation thereof so performed as not to interfere unreasonably with ordinary travel on the public ways or the ingress to or egress from public or private property.
  3. Grantee may make excavations in public grounds or ways and may take up such portions of pavement or sidewalk as it deems necessary for the installation, maintenance, replacement or removal of its facilities. Excavations so made shall be refilled and surfacing thus disturbed shall be restored to as reasonably good condition as before.
  4. Grantee shall permit the City to attach to its poles its fire and/or police wires and apparatus incident thereto — such attachments to be made under the direction and supervision of the Grantee and so made and maintained as not to interfere with the Grantee’s use of said poles.
112.03 MOVING BUILDINGS.

Grantee shall accommodate public or private necessity to move along or across public ways or grounds of the City vehicles or structures, other than parade components, of such height or size as to interfere with its poles and/or wires and shall temporarily remove or adjust the same to permit such passage, provided:

  1. Written notice thereof shall be served upon Grantee’s agent or manager at Grinnell, Iowa, not less than forty-eight (48) hours in advance of the time set for the proposed passage.
  2. Grantee is paid in advance the actual cost of such accommodation.
112.04 INDEMNIFICATION.

The Grantee shall indemnify the City against loss from claims or causes of action arising out of its construction, reconstruction, maintenance or operation of the installations herein authorized.

112.05 PROPERTY OF GRANTEE.

It is unlawful for any person to injure, destroy or deface any property of the Grantee lawfully installed and maintained or to post bills or signs thereon.