HomeMy WebLinkAboutOrd 1958-036 Southern Bell Telephone FranchisePage / D, 6
ORDINANCE 436
AN ORDINANCE OF '!Jib VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, GRANTING
TO THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE TO USE THE PUBLIC STREETS OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR Th6
PURPOSE OF ERECTING, CONSTRUCTING, MAIN AINING AND OPERATING LSNkS OF TELEPHONE AND TELEGRAPH
THEREON AND 'rnrau urwi n.
n
BE IT ORDAINED BY Inn VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA.:
Section 1. That permission be and the same is hereby granted to the Southern Bell
Telephone and Telegraph Company, its successors and assigns, to construct, maintain and operate
lines of telephone and telegraph, including the necessary poles, conduits, cables, fixtures and
electrical conductors upon, along, under and over the public roads, streets and highways of the
Village of North Palm Beach, Florida, as its business may from time to time require, provided
that all poles shall be neat and symmetrical.
Section 2. The work of erecting poles and constructing underground conduits under
this ordinance shall be done subject to the supervision of the Village, and the Company sail
replace or properly relay and repair any sidewalk or street that maybe displaced by reason of
such work, and upon failure of the Company so to do, after twenty days* notice in writing shall
have been given by the Mayor of the Village to the Company, the Village may repair such portion
of the sidewalk or street that may have been disturbed by the Company, and collect the cost so
incurred from the Company.
Section 3. Di consideration of the rights and privileges herein granted, the Company,
when requested by the Village, will designate and provide without cost to the Vil1Age
(1) on each pole owned and used by the Company hereunder and during its ownership
and use thereof, either
(a)
space for a fixture for, or
(b) space for a crossarm for, wires of the police and fire alarm signal
system of the Village, and
(2) in each underground conduit owned and used by the Company hereunder and during
its ownership and uses thereof, one duct for the cables of the police and fire alarm signalling
system of the Village; provided, however, that no use shall be made by the Village of said space
on such poles or of said duct which will result in interfering with or impairing the operation
or use of the Company's property or service, or which will anrlanger, d nage or injure the person
or property of the public or employees of the Company or Village.
Section 4. The Company shrill pay to the Village annnaliy a sum equal to one per cent
(1%) of the gross receipts of the Company from rentals derived from telephones in use within the
corporate limits of the Village. Payment to the Village for each of the years that this ordinance
is in effect shall be made on or before the first day of March of that year, based on the receipts
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of the preceding fiscal year of the Company, the first of such annual payments to be made on
or before March 1, 1959, based on the receipts for the preceding fiscal year of the Company.
Section 5. The Company shall indemnify the Village against, and assume all liabilities
for, damages which may arise or accrue to the Village for any injury to persons or property from
the doing of any work herein authorized, or the neglect of the Company or any of its employees to
comply with any ordinance regulating the use of the streets of the Village, and the acceptance
by the Company of this ordinance shall be an agreement by it to pay to the Village any sum of
money for which the Village may become liable from or by reason of such injury.
Section 6. The Company shall file with the Village Clerk of the Village its acceptance
of this ordinance within ninety days from the date when it shall take effect.
Section 7. Nothing in this ordinance shall be construed as a surrender by the Village
of its right or power to pass ordinances regulating the use of its streets.
Section 8. This ordinance shall be in force and effect for a term of thirty (30) years
from and after its passage, and the Village hereby reserves the right and requires the said
Company, as a condition precedent to the taking effect of this grant, to give and grant to the
Village of North Palm Beach, Florida, the right, at and after the expiration of such term, to
purchase the telephone and telegraph plant or other property in said Village. used under or in
connection with this grant, or such part of such property as the municipality may desire to
purchase at a valuation of the property, real and personal, desired, which valuation shall be fixed
by arbitration, as maybe provided by law; and the acceptance of this ordinance shall operate as a
grant by the said Company to the Village of said right'to purchase.
FIRST READING the 23rd day of September, 1958.
SECOND_, FINAL READING AND PASSAGE the ,l day of OGo 1pe,Y , 1958..
p 'f
Village Manager
The foregoing Franchise is accepted this
Mayor
day of , 1958.
SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY