TITLE VII SPECIAL ORDINANCES
CHAPTER 3 TELEPHONE FRANCHISE
7-3-1 – Franchise Granted
7-3-2 – Location
7-3-3 – Construction
7-3-4 – City Held Harmless
7-3-5 – Laws and Regulations
7-3-6 – Effective Date
7-3-7 – Filing of Acceptance
7-3-8 – Costs – Special Election
In consideration of the benefits of said City of Fertile, Iowa, and public thereof,
to be derived from the installation and operation of a telephone exchange and system
in said City, the right, power, privilege and authority is hereby granted to the
Winnebago Cooperative Telephone Association, a corporation, its successors, lessees,
and assigns (hereinafter designated “Grantee”) to construct, install, lease, operate
and maintain a telephone exchange and system for twenty-five (25) years from and
after the final passage, approval, publication and acceptance by the Grantee of
this Ordinance, and to use the streets, avenues, alleys, bridges, parks, highways
and public places of said City for the purpose of constructing, installing, erecting,
laying down and maintaining poles, wires, lines, services, appliances and equipment
necessary or suitable for the operation of said telephone exchange and system in
All poles, wires, lines, appliances and equipment installed or maintained under
this Ordinance shall be so located as not to obstruct or interfere with any sewers,
water pipes, drains, poles or other structures heretofore installed and excavation
for such poles, wires, lines and appliances shall be subject to the approval of
the City Council of said City or such representative as said Council may from time
to time designate.
In performing any work in connection with its poles, wires, lines or appliances,
Grantee, insofar as practicable, shall avoid interference with the use of any street,
alley, bridge or public place and wherever the surface of any street or alley shall
be disturbed in the performance of such work, Grantee, at its own expense, shall
replace such service in condition equally as good as before the commencement of
In the event said City shall hereafter lawfully change the grade of any streets,
alleys or public places, Grantee, at its own expense, shall relay its poles, lines
or appliances wherever necessary by reason of said change of grade.
In the event said City shall undertake any excavation or work which shall affect
any of Grantee’s poles, wires, lines and equipment, Grantee shall remove or protect
said poles, wires, lines and equipment at its own expense upon being notified by
said City of said proposed excavation or work.
In the construction of said system hereby authorized, Grantee shall utilize good
and sufficient materials and equipment so that said system shall be in all respects
modern and conform to approved standards.
Grantee shall save harmless and indemnify said City from and against all loss, damage
or expense arising from injuries to persons or damage to property due to the negligence
of the Grantee, its agents or employees, in the construction, installation, maintenance
and/or operation of said system.
The right is expressly reserved in the Grantor by Its City Council to make such
reasonable rules and regulations as may be proper concerning the operation of said
telephone exchange and system in said City by Grantee.
The rights granted in this Ordinance shall be in full force and effect from and
after its final passage and approval by the qualified electors of said City at a
special election to be held on the 27th day of November, 1984 and its publication
and acceptance by Grantee as hereinafter provided.
Within thirty (30) days from and after the approval of this Ordinance by the qualified
electors of said City, Grantee shall file with the Clerk of said City its written
acceptance hereof and thereupon this Ordinance shall be deemed to be in effect for
the period of twenty-five (25) years.
The Winnebago Cooperative Telephone Association shall pay all the costs of said
special election as audited and allowed by the City Council of said City.
Ordinance No. 55 adopting a telephone franchise for the city was passed and adopted
on the fourth day of September, 1984.