ORDINANCE NO. 20S
TELEPHONE FRANCHISE
AN ORDINANCE authorizing:
Alaska Telephone Engineering Cor
poration, its successors and assigns,
to own, build, maintain and operate
telephone lines, fixtures and ap
purtenances for t ho operation of
the telephone system, exchange
and lines within the corporate lim
its of the City of Seward, Territory
of Alaska; and defining said Com
pany's rights, powers and privi
leges.
BE IT ORDAINED BY THE
MAYOR AND COMMON COUNCIL
OF THE CITY OF SEWARD.
ALASKA:
Section 1. That the Alaska Tele
phone Engineering Corporation,
hereinafter called the Company, or
its successors or assigns, be ana
hereby is granted the right, power,
auth nity and privilege to build,
construct, equip, own, maintain and
operate within the corporate limits
of the City of Seward, wires, lines,
poles, arms, appuitenanees and
fixtures to conduct a telephone
busintss and exchange within said
city, including the right, authority,
power and privilege, upon the con
ditions herein set. forth, to use all
streets, alleys, and public grounds
of the City now owned, or herein
after acquired, subject to sued re
strictions as may now or hereafter
be imposed by law, either Federal
or Territorial, or the City Council
of said city for the purpose of
erecting and maintaining poles,
constructing lines, operating tele
phone lines, a telephone system,
telephone exchange, or doing any
of the things herein authorized,
granted or empowered; the right
to buy, purchase, lease, erect, equip,
maintain, own or operate such
plants, machinery, equipment or
buildings as are necessary to main
tain and operate such telephone
lines, telephone system, or ex
change; the right to buy, hold, own
or lease any or all privately owned
real estate necessary to conduct
such business; the right to furnish
telephone service to all residents,
firms, and corporations of the City;
the right to connect with other tel
ephone lines within the City, in
cluding the right to own and con
iuet lrom said City a rural teie
>hone exchange; the right to do
switching for any person, firm, or
■orporation; the right to conduct
i telephone toll business; to fur
lish telephone power and service
o any person, firm or corporation,
md to have and exercise such other
md further rights as are necessary
ind incident to the rights, powers
tnd authority herein granted to
he Company.
Section Z. The Company agrees
hat upon approval of this fran
hinse by the requisite majority of
luahtied electors of the City of
ieward at a special election called
or that purpose, and if by them
pproved and subsequently accept
ti by said Company in the manner
lerein required, the right to use
treets, alleys, thoroughfares and
ther public grounds w'ithin said
ity shall be subject to the follow -
ig conditions:
(a> Where city owned electrical
istribution power lines are in ex
itence, wires, cables, conductors
nd utlier appliances and appurten
nces shall be placed or strung up
n poles now, or in the future,
wned by the City, upon a joint
ser basis. For this priviege of joint
ser of city owned poles and lines,
le Company agrees to pay an an
ual rental of $1.00 per pole.
(b) The City shall, at its own ex
ease, maintain such jointly used
iciiities and covenants that saia
icilities shall, at all times, be main
lined in a condition to accomplish
le purposes of tiiis ordinance. The
lty, however, shall incur no Iia
ility to the Company, either for
amage to the Company's faciii
es or for loss of revenues occa
oned thereby in the event that
le facilities so to be maintained
y the City, are destroyed, dam
ged or impaired by strike, act oi
od, or other circumstances beyond
le control of the City.
(cl The Company, with respect
> ail wire, lines and other facilities
instructed, maintained or operat
1 upon joint pole facilities shall,
: its own expense and without
oligation to the City, maintain,
;pair and rehabilitate all lines,
xtures and appurtenances owned
y the Company.
<d> Where City distribution lines
o not exist or where such lines a »
sist, but joint users thereof may
be detrimental to the facilities of
I either party, the Company, subject
to the approval by the City Coun
cil of construction plans and meth
ods of operation shall have the
right to construct, maintain and
operate separate poles and lines.
The Company agrees that, in such
instances, such lines, poles, wires,
and other fixtures and appurten
ances shall be placed, erected and
constructed in such manner that
the use and operation thereof will
not interfere with the use of
streets, alleys or other public
grounds. The Company further
agrees that where separate lines
are constructed, it will restore
street or alley surfaces to ns good 1
condition ns existed before the con
struction done by the Company.
<o> For public convenience and
safety the Company, at its option,
may construct or install under
ground pipes or conduits for the
installation of '.sires, cables, and
other appliances and conductors.
Such construction shall first, how
ever. be approved by the City1
Council and ‘'hall be subject to Uie
same obligations, upon the part of
tiie Company as are specified in
Paragraph t d > above.
(f) Where separate poles and
lines are maintained by the Com
pany for its benefit, with the con
sent of the City Council as herein
set forth, the City, for the benefit
and safety of the residents of the
City of Seward may, at any time,
order senarate facilities removed,
or upon the removal from one loca-j
tion, grant the privilege of con
structing such facilities in another
location.
I (g> Tho Company, upon thirt.y
j days’ written notice from the City,
shall remove temporarily any wire
or poles, in the event that any in
terested inhabitant desires to move
any building, machinery, or other
object; provided, however, that the
j person for whose benefit such re
; rnoval is made shall pay to the
Company reasonable costs incurred
by it, and provided, further, that
upon such removal such person,
firm, or corporation shall indemni
fy the Company for any and all
damages or claims that might arise
by virtue of such temporary re
moval of facilities and incident in
terruption of service.
<h> The Company shall hold the
City free and harmless from all
damages, costs and expenses that
may arise as a result of the Com
pany’s use or exercise of any of the
rights, powers, authority or privi
leges herein granted to it. by rea
son of the negligence, carelessness,
or misconduct of any of the agents,
officers or employees of the Com
pany.
(i) All construction, mainten
ance, repair and operation of tele
phone facilities shall be done in
accordance with specifications ap
proved by the City, and such con
struction, repair, maintenance and
operation shall comply with exist
ing and future ordinances of said
City.
(j) The Company and its suc
cessors and assigns shall keep and
maintain an office and operator on
lines of telephone wires, at some
convenient location within said
City, and connected and used with
the telephone system of said Com
pany.
< k > The Company agrees to
maintain and operate, at all time
during the existence of this fran
chise, a telephone system adequate
to serve all residents of the City
of Seward, who request service and
pay the established rate for the
service desired, and the Company
shall increase or extend its service
within the City of Seward as popu
lation growth and service demands
shall require.
All facilities owned by the Com
pany shall be devoted to serving
residents of the City of Seward and
telephone service beyond the cor
porate limits of the City shall be
deemed a secondary service, unless
the facilities within said City are
adequate to meet the requirements
of this ordinance.
The Company shall, within . . .
(3 years—war clause) . . . from the
date of the approval of this ordi
nance, install a dial telephone sys
tem of adequate facilities to ren
der service to all then existing cus
tomers in the City and such other
persons as may request telephone
service during tiie remainder of the
term of this franchise.
H) The City shall, at all times
during the existence of this fran
chise, have free use of the Com
pany’s facilities for the purpose of
placing wires for its fire alarm con
nections, and any and all telephone
instruments, which may at any
time connect with the said tele
phone exchange, may be used by
the public for the purpose of giving
alarms of fire, without any charge
or toll therefor by the Company.
(m) The City, at all times dur
ing the existence of the privilege
herein granted, shall have from
said Company, its successors or as
signs, the use, free of charge, ot
two telephones connected with the
telephone system of said City, one
of said phones to be placed in Hie
Fire Department and tire other in
the Police Department office of
said City.
iiD The Company shall not, in
any manner, discriminate between
the City nor any of the inhabitants
thereof, in f trnishlng telephones to
any and all persons residing within
the City limits upon the terms that
telephones are furnislv'd other per
sons as herein provided.
Section 3. The following rates,
which shall he collected monthly
until changed as permitted by this
ordinance, shall be charged by the
Company:
SCHEDITI F OF MONTHLY RATES
Business Service
1-Party. Wall $12.00
1-Party, Desk 12 2a
Extension, Wall 1.75
Extension, Desk 2.00
Off Premises. Extension,
Wall . 2.75
Off Premises, Extension,
Desk . 3.00
P B.X. Station, Wall 1.75
P.B.X. Station, Desk 2.00
Trunk Charges:
P.B.X. Trunks and Inter-Exchange
Trunks, Local use only 12.00
Toll Switching Trunks
< To A.C.S )
Toll use only 12.00
Residential Service:
1 -Party, Wall .6.00
1- Party, Desk 6.25
2- Party, Wall 4.50
2-Party, Desk 4.75
Extension. Wall 1.50
Extension. Desk 1.75
Off Premises. Extension,
Wall . 2.50
Off Premises. Extension.
Desk 2.75
Vacation rate (Vis of regular
rate—up to 4 months*
Miscellaneous Equipment:
Loud Ringing Bell 1.25
Jack and Plug ...... .50
Extension Bell ’ .50
Miscellaneous Charges:
Installation Charges ... 5.00
Installation Charges
(left in disconnect) 2.50
Outside Move ... . 5.00
Change of Location (inside) 2.50
Leased Cable
Pair Rates on request
Office Wiling
Plans
Directory
Rates on request
Advertising Ratos on request
The Company, at no time during
the term of this franchise, shall
charge or exact any fee or other
charge except as noted herein.
Telephone units shall be owned
and maintained by the Company
and every person receiving service,
who pays the required fees set
forth herein shall have the right
to talk over said telephone to any
other telephone within the system
maintained by the Company within
the City of Seward.
Section 4. (a) The Company
shall, at all times duiing the exist
ence of this franchise, establish
and maintain an accounting sys
tem and a system of records in
accordance with the requirements
of the Federal Communications
Commission and all records per
taining to the business of the Com
pany, and pertinent to the estab
lishment of any rates or adjusting
existing rates shall, at all times,
be available to the Council of the
City and other persons duly author
ized to act on behalf of the Coun
cil.
(b) The rates specified in this
ordinance shall not be adjusted or
changed by the Company or in
creased or decreased by it. without
the approval of the City Council.
The Company shall, at all times,
be entitled to a reasonable return
upon its invested capital, such capi
tal investment, for the purpose of
determining the reasonableness of
rates, to be limited to facilities lo
cated within the City of Seward.
(c> If the Company deems that
the rates, specified in this ordi
nance. are not sufficient to accrue
a reasonable return upon its invest
ment, an application for an adjust
ment of any particular rate, or of
the whole rate structure, shall be
filed with the City Council. Upon
the filing of such an application
the Company shall submit there
with such records as the Council
may require. Public hearing, upon
such application, shall be held at
the second regular Council meet
ing following the date such appli
cation is received. All representa
tives of the Company desiring to
appear in behalf of such applica
tion shall be heard. Residents of
the City of Seward shall also have
the rignt to appear and present in
formation relating to the adequacy,
continuity and type of service ren
dered by the Company.
«cl> Notice of said public hearing
shall be given by posting, in three
conspicuous public places, a writ
ten notice of the time, place, and
purpose of such hearing. The hear
ing upon such application may, for
the convenience of either party,
be recessed from time to time by
the Council. When all persons, de
siring to appear at the hearing,
have been heard upon such appli
cation, the Council shall have one
week in which to review all of the
information received, and at the
next regular meeting following the
adjournment of the hearing upon
the application, shall take action
by resolution, either to accept, in
whole or in part, said application,
or reject the same.
Should the Council, for the bene
fit oi the residents of the City of
Seward, desire an adjustment or
reduction in any of the rates set
forth in this ordinance, said Coun
cil shall cause to be served upon
the representative of the Company
a notice that public hearing will
be held upon the reasonableness of
the rates then in effect. Such no
tice shall be in writing and shall
I be served upon the Company’s
i local agent at least three months
prior to tile date upon which a
public hearing is to be held, and
public notice of such meeting shall
be given in the manner provided
for a hearing upon an application
| of the Company, as herein provid
ed, and all subsequent proceedings
shall be conducted in the same
manner as is provided for the hear
ing of Company applications.
Section 5. The Company, or its
successors and assigns, shall, with
in thirty days after the approval
, of tins ordinance by the requisite
majority of the qualified electors
of the City of Seward, called and
I
held for the purpose of ratifying
this ordinanoe, file a written ac*
ceptance hereon, and in the event
that such acceptance is not filed
within the time prescribed, the
franchise hereby created, although
approved by the electors as re
quired by law, may, at the option
of the City, be forfeited.
The written acceptance of this
franchise, as herein provided, by
the Company shall be constituted,
and is hereby declared to be, a
contract and agreement upon the
part of the Company, its successors
and assigns, to carry out the terms
herein set forth.
Section G. This ordinance, upon
approval by thc electors of the City
of Seward as required by law, and
the acceptance by the Company as
herein required, subject to all of
the terms and conditions hereof,
the performance of which are re
quired of siud company, shall be
in force and effect for a period of
20 years from and after the date
of its approval by the electors of
said City, voting at an election
called for the purpose of ratifying
or rejecting this franchise. If tho*
ordinance be not approved by the
requisite majority of electors vot
ing at an election called for the
purpose herein set forth, this or
dinance shall be void, but if ap
proved by a majority, as required
by law, this ordinance upon accep
tance by the Company, as herein
required, shall be and constitute a
binding contract upon both the
City of Seward and said Company.
Section 7. Should the Company
fail to establish or maintain ade
quate facilities, or having estab
lished the same fail to operate the
same, or fail to render to the pub
lic reasonable service as herein
contemplated, during any period of
time for which this franchise is
granted, or fail to perform the con
ditions herein imposed upon the
Company, then and in such in
stances said franchise herein
granted shall become null and
void, and the failure of the Com
pany to comply with the provi
sions of this ordinance shall oper
ate as a forfeiture of all rights,
privileges, and authority herein
granted to the Company.
Passed and approved this .
day of ., 1950.
(Signed)
Attest:
Mayor
., City Clerk
SOURDOUGH
TRANSFER
Day or Night Service
For Service Call
GEORGE EVERITT
406 Wash. St.
MADISON 93
Catholic Information
Sterilization? . . . what say we . . . all of us?
I
Says Robert Owen to William
Allen: “All the world is queer
save thee and me, and even thou
I art a little queer.”
Says the well-intentioned but
fanatical Eugenist: "The world
is getting crowded with mental
defectives! Save the future gen
erations by sterilizing the unfit!”
Says the expert Sociologist:
“The idiot and imbecile are seg
: regated. They cannot propagate.
The weak-minded are less fertile
than normal people and have
a shorter life span, and most of
them fill their niche anyhow
in the world’s work. No danger
at all from future defectives.” j
Says the expert Biologist: “We '
know but little of human he
redity; but we do know that 95
per cent of the mental defectives1
come from normal parents and
that sound children from men-;
tally weak parents is common, j
We do know that crime and im
morality are not inherited. We
do know that sterilization re
moves neither the desire nor
power to act, and that to let
sterilized, unrestrained delin
quents loose in the world would
but cause further immorality,
insanity, and disease.
Says the Historian: “If the
fanatical Eugenists had their
way in the past, many famous
and brilliant men and women
would never have been born.
In fact, there can be found in
almost every family tree mental
defectives somewhere along the
line. And that, dear reader, ap
plies to your forebears and ours
and to those of the Eugenist9
themselves.”
Says the Catholic Theologian:
“Man, as a person, owns him
self—under' God—and has a
right to all of himself and to
the preservation and operation
of all of his functions. But as
men’s bodies and souls belong
to God, no one has a right to
mutilate any part of himself or
of any man except when no
other provision can be made
for the good of the whole body.
Therefore—to use the words of
Pope Pius XI: ‘This theory of
eugenics is to be held blame
worthy, false and condemned.’ ”
Says the modern Profit: “Woe
betide the rest of us if any pre
sent or future Hitler, with his
pagan doctrine of race sacred
ness, ever dominates the world!
Beware! For the time may come
when. .
Says Robert Owenschmidt to
Wilhelm von Allen: “All the
world is queer save thee and me,
so let’s go sterilize everybody.
But, being that thou art a little
queer, I’ll start right now on
thee!”
If it's anything Catholic, ask a
Catholic!
Soonsored bv The
SACRED HEART
CATHOLIC CHURCH
Sr■ jrr r< Alaska
adv.