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HomeMy WebLinkAboutOrdinances Book 8, Page 319, No Ordinance NumberNo: 319. AN ORDINANCE Providing for the establishment of a single comprehensive telephone service by the Cumberland Telephone & Telegraph Company in the City of Paducah, under the Franchise Rights acquired by it previously to September 1, 1924; fixing a schedule of exchange rates to be charged by said Company after the establishment of said service and providing for the revision of such rates in the future; providing for the supervision by the City of the construction and maintenance of the property of said Company and requiring the surrender by said company of the franchise heretofore granted by the City of Paducah to the Paducah Home Telephone and Telegraph Company. 17HEREAS, theCumberland Telephone & Telegraph Company, which owns and operates telephone properties in the City of Paducah under franchise rights acquired by it previously to September 1, 1924, did on said date purchase all the telephone properties of the Paducah Home Telephone and Telegraph Company in the City of Paducah, including all franchise rights heretofore granted by 'the City of Paducah to said Paducah Home Telephone and Telegraph Company, and WHEREAS, said Cumberland Telephone & Telegraph Company is nov operating under and by virtue of said 'franchise of the Paducah _. ... a .. .. Home Telephone and Telegraph Company the properties formerly belonging to the Paducah Home Telephone and Telegraph Company as a separate telephone system, and WHEREAS, such duplicate telephone service results in waste and inconvenience and the public interest demands that there be a single, comprehensive telephone system in the City of Paducah, NOW, THEREFORE, BE IT ORDAINED BY THE GENERi�L COUNCIQL OF I THE CITY OF PADUCAH: SECTION 1. The Cumberland Telephone & Telegraph Company shall promptly enter upon the work of connecting the physical properties heretofore belonging to the Paducah Home Telephone and Telegraph Company with those heretofore belonging to itself, in the most approved and efficient manner and shall diligently prosecute same to completion so as to render to the inhabitants of the City of Paducah a single comprehensive telephone service of approved and efficient character. SECTION 2. The single comprehensive telephone service contemplated in the previous section of this ordinance shall begin to be rendered i December 1st, 1925, or as soon thereafter as practicable. SECTION 3. Until the work of connecting said properties shall have been completed, or until the Cumberland Telephone & Telegraph Company shall be prepared to render, and shall render, a comprehensive and efficient single telephone service said company shall operate the properties formerly belonging to the Paducah Home Telephone and Telegraph Company as a separate system from the system formerly belonging to and operated by itself, and shall render to the inhabitants of the City of Paducah the same service formerly rendered by the Paducah Home Telephone and Telegraph Company, and this shall be done in all respects in the same way and to the same extent as the said Paducah Home Telephone and Telegraph Company would be required to do had it continued to oven and operate its telephone system, and the rates to be charged for the exchange telephone service rendered by each such system shall be and remain precisely as they now are. SECTION 4. From and after December 1st, 1925, and not then unless the single comprehensive telephone service contemplated in this ordinance shall have been established and put into operation, the Cumberland Telephone & Telegraph Company shall have the right to charge for -its exchange service within the City of Paducah rendered by and over its single comprehensive telephone system to all subscribers to its service the following rates payable in advance before the tenth day of the month, viz: FLAT RATS. Business Telephone Individual Line $6.00 per mo. Business Telephone Two -Party Line 5,25 " Business Extension Telephone 1.25 Business Individual Line - Inward Service only_ 4.00 Residence Telephone Individual Line $3.25 per mo. Residence Telephone Two -Party Line 2.50 " " Residence Telephone Four -Party Line 2.00 It " Residence Telephone Extension 1.00 it " SERVICE CONNECTION CHARGES. 1, Instrumentalities not in place: Individual or party line service, each main or extension station iX3.50 Private branch exchange service, each truck line or station 3.50 2. Instrumentalities in place: q Where service is established by use of instrumental- ities already in place on the applicant's premises, provided no change is made in the type or location of such instrumentalities, except changes necessary because of a change in the class or grade of service: Each main station $1.50 Each extension station No charge. Such rates shall continue and be in force from December lst, 1925, for a period of two (2) years, and thereafter until further action by the General Council of the City of Paducah provided, however, that said Company shall at all times, ailter said period of two (2) years, have the right to charge such rates as will yield a fair and reasonable return upon the fair value of the property used or useful in furnishing said exchange service, and, to that end, such rates shall be revised from time to time upon the instance of the said Company or of said City. Any changes in said rates proposed by said Company shall be filed with the General Council of the City of Paducah for its consideration, and left on file for sixty (60) days. If, within that period, the same shall have been approved, or shall not have been acted on by the General Council in whole or in part, the whole or part so approved, or so not acted upon, shall take effect as proposed; provided, however, said General Council shall have the right by resolution duly passed within such sixty day period,to extend the time for acting upon such proposed changes in rates for an additional period to be fixed by it of not exceeding ninety additional days, and in such case, the General Council shall forth- with give such Company fifteen(15) days' notice of having ordered such extension, and shall thereafter afford to said Company a fair hearing with reference to changes in rates proposed by said Company. At the conclusion of such hearing, and in any event, on or before the expiration of such extended period, the General Council shall I either approve the proposed changes, or make such order as may be reasonable, disapproving such proposed changes, and either requiring said Company to make no changes, or fixing and prescribing what lchanges said Company shall make and what rates it shall charge, and the proposed change or changes in rates insofar as same are contrary to such order of the General Council shall not take effect until such order be thereafter rescinded, or modified by the General Council or enjoined or set aside by a court of competent jurisdiction. Any changes in rates proposed by the General Council shall be made only after reasonable notice to the Company and a full and i fair hearing. SECTION 5. Nothing in this ordinance shall be deemed to barter or impair the police powers of the City of Paducah to supervise the construction and maintainance of the property of the Cumberland Telephone and Telegraph Company along, over, under and across the streets and public places in said City; and the Board of Public Works, and such other person or persons as may be authorized or designated by said Board, in said City,! shall have access to all books, records and files of said Cumberland Telephone and Telegraph Company relating to the investment cost, expenses and revenues incurred by said Company in the construction, maintainance and operation of its property used or useful in furnishing its said services in said City. SECTION 6. This ordinance shall become effective from the date of its passage, provided the Cumberland Telephone & Telegraph Company, within thii-ty'(30) days thereafter, shall file with the City Clerk of Paducah i a writing duly executed by its President, or a Vice President, accepting the terms and provisions of this ordinance. The Cumberland Telephone & Telegraph Company shall also., r within thirty(30) days after the passage of this ordinance, file with said authority its surrender of any and all franchise rights or authority to own, maintain and operate lines of telephone in the City of Paducah, granted by said City to the Paducah Home Telephone and Telegraph Company, or otherwise acquired by said Paducah Home Telephone and:Telegraph Compan , and thereafter all of the telephone properties of the Cumberland Telephon & Telegraph Company in the City of Paducah shall be o,ined and operated by it under its own franchise free and clear of all duties and obligations arising, or that might arise, under the terms of said franchise or franchise of the Paducah Home Telephone and Telegraph Company. CMAIRMA`: � Abu h -1) Plaid and of C u -I -n. r � M r J - �1 L�.I�-�'_'�.-- , i City erk �1 L�.I�-�'_'�.-- , i