Ordinance 036 Southern Bell Telephone FranchiseORDINANCE #36
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ORD7SIANCE X36
Aid ORDINANCE OF T73E VILLAGE OF NORTH PALM BEACH, PAIPd BEACH COUNTY, FIARIDA, GRANTING
TO THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE TO USE THE PUBLIC STREETS OF THE VII,I.AGE OF NORTH PATI+I BEACH, FIARIDA, FOR THE
' PURPOSE OF ERECTING, CONSTRUCTING, MAZT7'PAI:NING AND OPERATING LINES OF TELEPHONE AND mFrirunpH
THEREON AND THEREUNDER.
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' BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FlARIDA:
Section 1. 791st permission be and the same is hereby granted to the Southern Bell
Telephone and Thlegraph Company, its successors and assigns, to construct, maintain and operate
lines of telephone and telegraph, including the necessary poles, conduits, cables, fixtures and
• electrical condu,etors upon, along, under and over the public roads, streets and highways of the
Village of North Palm Beach, Florida, as its business may Fran time to time require, provided
that all poles shall be neat and symmetrical.
Section 2. Tile work of erecting; poles and constructing underground conduits under
this ordinance shall be done subject to tYie supervision of the Village, and the Company shall
replace or properly relay and repair anp sidewalk. or street that may be 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 sidewa]ks or street that may have been disturbed by the Company, and collect the cost so
incurred from the Company.
Section 3. Ts1 consideration of the rights and privileges herein granted, the Company,
when requested by the Village, will desigciate and provide without cost to the Village
(1} on each pole owned and used by the Compauy hereunder and during its ownership
anal 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 duet for the cables o£ 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 Compar~y*s property or service, or which will endanger, damage or inure the person
or property of the public or employees of the Company or Village.
Section ~. The Company shall pay to the Village annually a sum equal to one per cent
' (lp) 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 Compat~,y, 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 sha11 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 ar~p 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 semi of
money for which the Village may become liable from or by reason of such injury.
Section 6. 'lbe 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 Eeach, Florida, the right, at and after the expiration of such term, to
purchase the telephone and telegraph plant or other property iri said Village used under or in
connection with this grant, or such past of such property as the municipality may desire to
purchase at a valuation of the property, real and personal, desired, which valuation shaL1 be fixed
by arbitration, as may be 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, FINNAL READING APID PASSAGE the ,~~' day of OC~ob2.~f 195$•
(~L)
ATTEST:
6~~..
Village Manager
--~~-~.--~r/~
Mayor
The foregoing Franchise is accepted this day of -s 195$•
SOU73iGRid BELL TELEPHONE AND
TELEGRAPH COMPANY
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