the City of Roanoke Leader, a nev/spaper of general circulation in

87
the City of Roanoke Leader, a nev/spaper of general circulation in
r
the City of Roanoke, Alabama, the 14th, 21st, and 23th days of
December, 1950.
Clerk, crty of Rodn/fike, Alabama
AN ORDINANCE
NO.
394
GRANTING A FRANCHISE TO ROWINA ETHEL CAUTHEN,
Her Heirs, Administrators, Executors and Assigns,
IN THE CITY OF ROANOKE, ALABAMA
BE IT ORDAINED BY THE CITY COUNCIL OF ROANOKE, ALABAMA,
as
follows:
SECTION 1.
In consideration of the benefits that will accrue
to the
said City of Roanoke, and inhabitants thereof, Towena Ethel Cauthen,
her heirs, Executors and assigns, hereinafter referred to as the
'
Grantee is hereby granted the right and authority to construct, erect,
install, renew, repair, maintain, operate and conduct in the said City
of Roanoke a telenhone exchange and system, and the sales of such
and may construct, erect, suspend, install, renew, repair and main
tain such poles, wire and other apparatus as may be necessary in
maintaining, operating and conducting said telephone exchange and
system in, under, over along, upon and across all streets, avenues,
alleys, ways, bridges and nublic places in said City as now erected
or may be hereafter erected; together with the right, privilege and
Franchise to construct, erect, suspend, install, renew, repair, main
tain and operate such poles, vires, cables, fittings and all ap-liances
and appurtenances necessary for the operation of a telephone system
in said City for the inhabitants and corporations within and beyond
the limits of said City and for all other legal purposes for which
a telephone system may now or hereafter be used and for the purpose
of extending said lines beyond the limits of sa*id City, and for all
of such purposes so named except as is hereinafter limited.
SECTION 2. All poles, cables, fittings, appliances and appurte
nances shall be so constructed so as not to unreasonably or negligently
interfere with the proper and safe use of the streets, avenues, alleys
v/ays, bridges and public places in said City and shall be maintained and
in a safe and reasonably good condition and repair.
Section 3. V/hen ever the Grantee shall cause an opening or
~
alteration in any street, avenue, alley, way, bridge or public place
of said City for the purpose of installing, maintaining, operating
or repairing any poles, cables or other appliances the .ork shall
be completed within a reasonable time, and the Grantee shall upon
83
completion of such work restore such portion of the Street alley,
Avenue, way, bridge or other public place to as good condition as
it was'before the opening or alteration was so made.
SECTION 4. The Grantee mav from time to time, declare, made and
enforce lawful and reasonable rules and regulations as a condition
for the sale of telephone service to any person, firm or corporation.
SECTION 5. In the event the operation of said telephone system
should be interrupted or fail by reason of an accident or other causes
beyond the reasonable control of the Grantee, the Grantee shall>
restore the service within a reasonable time and such interruption
shall not constitute a breach of this Franchise, nor shall the
Grantee be liable for damages by reason of such interruption or
failure caused by accident or other causes beyond the reasonable
control of the Grantee.
SECTION 6. Wherever in this ordinance either the City or the
Grantee is named or referred to, it shall be deemed to include the
respective successor, successors, or a signs of either, andall
rights privileges and obligations herein conferred shall bind and
insure'to the benefit of such successor, successors or assigns of said
City or of the Grantee.
SECTION 7.
The Grantee, her heirs, administrators, successors, or
assigns, shall within 90 days after approval of this ordinance by
the Mayor file a written acceptance of the ordinance with the
City clerk.
SECTION 8.
The Grantee shall pay to the City Clerk the cost of
publishing this ordinance, which notice shall be made in one issue
of t'ne ROANOKE LEADER, a Newspaper of general circulation in and
published witxhin the limits of said CITY OF R0AN0K .
SECTION 9.
The City of Roanoke reserves the right of
revocation of this Franchise for lawful cause.
SECTION 10.
This ordinance shall be in force for a period of
THIRTY' (30) years subject to Section 9 hereof, and all other
ordinances or parts of ordinances conflicting herewith are
hereby repealed.
ADOPTED AND APPROVED, this the _12t£ay of
February
1951.
ATTEST
pard,/ (/
City Clerk
I, Olin E. Sheppard, Clerk of the City of Roanoke, Alabama, hereby
certif" that the above and foregoing Ordinance No. 394 ^as passed
and adopted by the Mayor and City Council of the City of Roanoke,
1
89
Alabama, on the 12th day of February, 1951, and was herein recorded
and was published in the Roanoke Leader, a newspaper of general
circulation in the City of Roanoke, Alabama, sonthe 15th day of
r February, 1951.
(fil^U
fc).
M^dA^^dy
lerk, City of Ro*rn#ke, Alabama
FRANCHISE ACCEPTANCE
STATS OF ALABAMA. )
RANDOLPH COUNTY.
)
Now comes Rowena Ethel Cauthen and files with the City Clerk of
the City of Roanoke this her written acceptance of the provisions of that
certain ordinance passed and adopted by the City Council of said City of
Roanoke, Alabama on February 12th, 1951 and approved by the Mayor of said City
on the same day entitled An Ordinance granting a Franchise to Rowena Ethel
Cauthen, her heirs, administrator, executor and assigns in the city
of Roanoke.
r
Said ordinance having been published in the Roanoke Leader
on the 15th day of February 1951 and the said Rowena Ethel Cauthen does
hereby agree to comply wit the terms and conditions of said ordinance and
the sura of §9.40 is hereby delivered to said City Clerk in payment of the
publication of said ordinance.
This acceptance of said ordinance is made and filed with said City
Clerk in compliance with Section 7 of said ordinance, said ordinance being
No.
394.
In witness whereof the said Rowena Ethel Cauthen has hereunto set
her hand and seal this the 21st day of March 1951.
s/n —Rowena Ethel O^nthpn
Attest:
r
Marv 0. Parker
R/n
I, Olin E. Sheppard, hereby certify that the above and foregoing
written acceptance of the term and conditions of Ordinance No. 394, was
90
filed with me as City Clerk of said City of Roanoke, Alabama, by
Rowena Ethel Cauthen, on this the 21st day of March, 1951.
'd^LiO-
Olin E. Sheppar/T/Ci ty Clerk
City of Roanoke, Alabama
ORDINANCE NO.
395
An ordinance declaring the policy and purpose of the City of
Roanoke, Alabama to extend to the employees and officials
of said City of Roanoke, Alabama, not excluded by law or by this
ordinance, whether employed in connection with a govermental or
proprietary function of said City, the benefits of
the" systems of Federal Old Age and Survivor1 s insurance, as authorized
by the Federal Social Security Act, and amendments thereto, upon
the basis of applicable State and Federal laws or regulations;
authorizing and directing the Mayor, or other chief executive officer,
to execute agreements and amendments thereto with the State Agency
authorized to enter into such agreements, for coverage of said
employees and officials; providing for withholdings from salaries
and wap.es of employees and officials of said City so covered to
be made and paid over as provided by applicable State or Federal
laws or regulations; providing that said City shall ap ropriate and
pay over employerf s contributions as provided by applicable State
1
or Federal laws or regulations; providing that said City shall keep
records and make reports as required by applicable State or Federal
laws or regulations; excluding from this ordinance any authority
to make any agreement with respect to any position, employee, or
official now covered or authorized to be by any other ordinance or law
ing any retirement system for any employee or official of said City; ex
ing from this ordinance any authority to make any agreement with respec
position, employee or official not authorized to be covered under appli
creatcludt to an
cable
State or'Federal laws or regulations.
BE IT ORDAINED BY TEE CITY COUNCIL OF DHE
ALABAMA AS FOLLG
3ITY OF ROANOKE,
:
SECTION 1. It is hereby declared to be the policy and purpose of
the City of Roandke, Alabama, to extend, at the earliest date, to
the employees and officials thereof, not excluded by law or by this
ordinance, and whether employed in connection with a governmental or
proprietary function, the benefits of the system of Old .->ge and
urvivor's
Insurance as authorised by the Federal Social Security .,ct and amendments
thereto, including Public Law 734 of the 81st Congress.
In pursuance of
said policy, and for that purpose, the City shall take such action as may