That the United Telephone Company of Missouri, a corporation organized under the laws of the State of Missouri, with a license to do business in the State of Missouri, its successors and assigns, be and they are hereby granted the right, in operating a telephone system, to construct and maintain all the necessary poles, wires, cables, underground conduits, fixtures, telephone plant, and telephone apparatus of whatsoever nature for the purpose of conducting such business, to erect and maintain such telephone poles and string the same with wire and cable along the streets, avenues, boulevards, alleys, easements and other public places of said City of Rolla, and to construct or lay and maintain such conduits as Grantee, its successors and assigns, may require, under the streets, avenues, boulevards, alleys, easements and other public places, aforesaid, for the purpose of such business under the following terms and restrictions, to-wit:
[Ord. 2113, §1; Ord. 2716, §1]
The term of this grant shall be for two (2) years from this date, subject to all ordinances regulating, taxing and controlling telephone lines or systems, in the City of Rolla, Missouri, and either party shall have the right to review and submit mutually agreed upon changes in writing to the other party. The agreement will be automatically renewed at this time for an additional two (2) years, until a total of twenty (20) years from this date; subject to the right of either the City of Rolla or the United Telephone Company of Missouri to give to the other written notice of non renewal at least sixty (60) days prior to the end of each two-year period.
[Ord. 2113, §2; Ord. 2716, §2]
The Grantee, its successors and assigns, shall conduct telephone business in such a manner as shall be to the benefit of the City of Rolla, and its inhabitants, rendering good telephone service at reasonable rates as authorized by the Missouri Public Service Commission, or any other state or local governmental agency charged by law with the power to regulate public utilities.
[Ord. 2113, §3; Ord. 2716, §3]
All poles and overhead wires/cables or underground conduit erected or constructed under this Ordinance shall be placed, whether on streets, avenues, boulevards, alleys, easements or other public places, as not to interfere unnecessarily with ordinary travel on such streets, avenues, boulevards, alleys, easements or other public places. All poles erected or underground conduit constructed under this Ordinance shall be located as not to injure unnecessarily any drains, sewers, catch basins, or other like public improvements, and said Grantee shall forthwith repair any damages so caused to the satisfaction of the Administration of said City, and in default thereof, said City may repair such damage and charge the cost thereof to, and collect same from said Grantee.
[Ord. 2113, §6 Ord. 2716, §6; Ord. 2858, §1]
(a) 
Indemnification.
(1) 
Extent. Grantee shall upon acceptance of the franchise award ordinance granted indemnify, defend and hold harmless the City, its officers, boards, commissions, agents, employees and from any and all claims, suits, judgments or damages in any way arising out of or through or alleged to arise out of or through the act of the city in granting a franchise award ordinance and the acts or omissions of Grantee, its servants, employees, or agents. Both such indemnifications shall cover such claims arising in tort, contracts, violations of U.S. or State Constitutions, statutes, ordinances, regulations, or from any source or on the basis of any theory whatsoever.
(2) 
Tender of Defense. In the event any such claims shall arise, the City shall tender the defense thereof to Grantee; provided, however, that the City, in its sole discretion, may participate in the defense of such claims at the expense of Grantor.
(b) 
Insurance.
(1) 
Kinds, Amounts. Grantee shall maintain through the term of the franchise award ordinance insurance in amounts at least as follows:
a. 
Worker's Compensation Insurance: Such coverage as may be required by the worker's compensation insurance and safety laws of the State of Missouri and amendments thereto.
b. 
Commercial General Liability: one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury or property damage liability.
c. 
Business Automobile Liability: Insuring owned, non-owned and hired autos with limits of one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage liability.
(2) 
Copies Furnished. Grantee shall furnish the city with copies of such insurance policies or certificates of insurance, annually.
(3) 
Endorsement.
a. 
Such insurance policies, excluding Worker's Compensation coverage, provided for herein shall name the city, its officers, boards, commissions, agents and employees as additional insureds and shall contain the following endorsement:
b. 
Grantee shall furnish the city with certificates of insurance which will evidence that the insurance will not be cancelled or materially altered without first giving the city thirty (30) days prior written notice.
(4) 
No Limitation of Liability. The minimum amounts set forth herein for such insurance shall not be construed to limit the liability of Grantee to the city under the franchise award ordinance issued hereunder to the amounts of such insurance.
(5) 
Adjustment of Established Amounts. The city shall have the power from time to time to review the adequacy of the required insurance coverage amounts.
[Ord. 2113, §7 Ord. 2716, §7]
The said telephone company shall remove, raise or adjust its aerial plant after forty-eight (48) hours notice by the Administration of the City of Rolla, or its authorized representatives;, for the purpose of permitting the moving of houses, or other structures, along the streets of said City; however, the person or persons for whose benefit such telephone plant is removed, raised or adjusted, shall first secure proper permission from said City for the moving and agree to pay said telephone company for its related costs and damages. If desired, an advance deposit by the mover may be required by the telephone company.
[Ord. 2113, §8; Ord. 2716, §8]
When trees upon and/or overhanging streets, alleys, sidewalks, public places or easements of said City need to be trimmed so as to prevent the branches of such trees from coming in contact with any wires and/or cables on the poles, all the said trimming is to be done under the supervision and direction of any city official or representative to whom said duties have been or may be delegated and the cost for said trimming shall be prorated among all users of the poles and lines.
[Ord. 2113, §9; Ord. 2716, §9]
The telephone company shall, whenever feasible, enter into agreements with other public utilities operating within said City for the joint usage of poles.
[Ord. 2113, §12; Ord. 2716, §11]
In consideration for rights and privileges herein granted, the said telephone company shall pay five percent (5%) of local service revenues to the City of Rolla effective January 1, 1990, and such payments shall be made quarterly for each year of the period covered during the term of this Franchise. Same shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the period covered during the terms of this Ordinance.
[Ord. 2113, §15; Ord. 2716, §15]
The franchise, as well as the rights hereunder, may be assigned 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.
[Ord. No. 2113, §17; Ord. 2716, § 17]
This ordinance shall be in full force and effect from and after its passage and approval.