08-11-19 RegularCouncil Rooms duguat 11 1919
Regular meeting of the Town Council was called to
order by .Mayor Sundt' at B P.LR. with the following mem-
hers present.
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d.Ll~eil M.T.Knox J.Myers T.J.flilliamson. dbsent T.M.Onea
Minutes of the previous meeting read and approved.
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presented and read,relateing to the transfur of the
fleet Palm Beach Telephone Cos Franchiae`to.~'the Southern
Co~uxunication from the Vest Palm Beach Telephone Co was
Bell Telephone~nd Telegraph Co.
Ff° Mr C.M.Gruber Manager of the ii :P .B .Telephone Co being
present he was granted permission to address the Council.
Mr Gruber explained to the Council the reasons why the -
present Company wished to transtu® their Franchise to the
Southern Bell Telephone and Telegraph Co.and presented
Copy of the Ordinances that had been presented ~o the
Citye of Palm Beach and fleet Pala Beach,and the same x7a~x
way aceepted and passed by them to-wit
~ ORD2RANCE
duthorzing the Southern Hn~.1 Telephone and .Telegraph Co
construct,gperate and maintain lines of Telephone and " .
to
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Telegraph upon,along and under the public roads and streets
and highways of the Town of Delray,Florida,and to acquire
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operate and maintain the Sines and other Telephone property
of the fleet Palm Beach Telephone Company now located in;
"" thestreet~ andpublia please of the To~inof Delray,Flo~+id~,
'' '' and to'suthorize the Tfest Palm Beach Telephone Company to
self all of its telephone lines poles and:wirea and other.
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the
telephone: property. in the streets and public places of
ToEn of Delray Florida, to the Southern Bell Telephone and
,; ,,, ' Telegraph Company.
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Section 1. Be i~ enacted by the Town of DelrayN Florida, i
that permission be and the saaxae is hereby granted to the
Southern Bell Telephone and Te1e~~''apph Conpany,it euecesaoro
and as®ign®,for a term of twenty(20) yeare,to construct, i
operate and maintain lines of telephone and telegraph,
includeing the necessary polee,fixturea and electricalcon-_ _ 3
ductoDa,upon along and under public roda~,streets and him -
ways,of the Town of Delray Florida,aa its business may frox g
time to time require,pro~ided that the poles shall be neart
and symmetrical . __.. __ __.~._-n_.
Section 2. That the work to be done under the authoa
of this ordinance shall be 1}nm~orned under the super~isl~on ~
of the Town Counciland said Southern Bell To3oephone and '}~
Telegraph Company shall properly replace and relay any sids-
walk or street that may be displaced by it in the Dona-tru-' ~;,3
etion of its lines.
Section 3. In consideration of the rights and pris-
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ilagea herein granted,eaid Company ahall,upon demand,
provide one cross arm on each pole,on which the Town of
Delray,Florida,>Ray desire to attach either fire alarm
telegraph or poliece telegraph wire,for the free use of
the polices and fire alarm telegraph system of the To~-n of
Delray,Florida.
Section 4. Said Company shall at all times be subject to
the Town ordinance nos in existence or which
may be hereafter passed relative to the use of the public
streets by telephone and telegraph companies.
Section 5.
Said Company shall ae~e harmless and indem-
nify said Town of Delray from any and all
damages to persons and property arising-from or growing: `"
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out of the exercise by it of tho ;privilages and. authority zi;;
herein granted or conferadd.
The
Section 6. Said Southern Bell Telephone and Telegraph
Company is hereby authorized to aoquire,~
either by purchase or otherwise all the equipment lines
and wires which now constitutes the entirH telephone plafiti
of the Beat Palm Beach Telephone Company and the sadd Hest
Palm Beaeh`Telephone Gompany,is hereby authorized to sell ...fir
and transfer its said properties to the Baid Southern.-
Bell Telephone and Telegraph Company andthe said ~SOUthern
Bell Telephone and Telegraph Company is herebt au orized
to maintain and operate-said lines and properties,or euc~
parts of them as they may deeire,in the streets and public
places of the said Town of Delray. Florida,i~ the same mam er
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as if the said lines and properties had been originally con- ,a
atructed by it under and in accordance with the terms and
provisions of this ordinance,free and clear of any and all
conditions or changes heretofore imposed upon said propertte
or upon said Rest Palm Beach Telephone Company by any ordi-
nance or ordinances of, agreement or agreements with, said _
Town of Delray, Florida. {
Section 7. Said Town of Delay Florida hereby reser~ea
the right to, and does hereby ,require said ~~
Southern-Bell Telephone and Telegraph Company,aa a condit~m
precedent to tho takeing effect of the rights or•franchiae
herein granted,to ~i~e and grant the said Town of Delrayt
Florida,the right at and after ,the expiration of said term ,
for which this franchise is g~aa3led ,to purchase the,tele-
phone palnt,property and equipment.or other property is
said Town used under ~r in connection with the franchise
or right hereby granted,or such part of sua~rplant in said'
Town as the .Town may desire to purchase at a Taluation of
the property,rea~r and personal,desired b~= said Town which
Valuation shall be fixed by arbit~s~tion as map be prodded
by law.E~nd the acceptance of this ordinance b~ the said `
Southern Bell Telephone and Telegraph Company shall be cones
trued as,and shall constitute a grant by said Company to
the Town of the right at and after the expiration of the
said term ..f or which this franchise is g~ta®iied to purchase
the said Telephone plant property and equipment,or said
other property,in said Town or such part thereof,as the
said Town may desire under the said conditions herein
prodded.
Section 8. Said Southern Boll telephone and Telrgraph
Company shall file with the Clerk of the
Town Council of 'the Town of Delray Florida,ita acceptance
of this ordinancewithin sixty dayafrom the date when it shhll:
tape effect. ''
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Section 9. This ordinance shall be in force and effecst
from and after the date of its final passage.
The ordinance was read in full, and discussed by the
Council, and on a motion by Councilman Knox and supported by
Coueilman Heil the odinance was refered to the Ordinance
• Committee. Roll. Call
O.L.TQeil yea M.T.Knox yes J.Myres yea T.J.ftilliamson yea
Motion carried.
Motion by chairmen Knox of the ordinance Comm-
ittee,h~idtsupported by T.J.ftilliamaon thatthe ordirianee be
refered back to the Council,and placed on its first reading
Roll Call
1.L.Meil yea M.T.I~nox yea J.Myers yea T.J.Ailliamaon yea
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lotion Carried. $~
Ordinance placed on its first reading in full.
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lotion by A.L.I~eil and supported by M.T.Knox that the rules'
be euapendod and the Ordinance placed on its second reading s
by caption only.
Roll Call }
A.L ate~l yea M.T.Knox yea J.Mgres yea T.J.Billiaffison yea
Motion carried and tho ordinance read by caption. - }
As the ordinance was to taYe~the place one on the reccorde
it was considered beat for all concerned to pass this ordix = d
at the one sittinl5,as provided in Section 26 of the
tg Grdinance s pie s~ ,
tiori b~ri,4tT.Knoa and supported by T.J.~illiamson that the
e be placed on its Third reading and final passage.
Roll Call A.L.1(eil yea M.T.Knox yea
.Myrea yea T.J.flilliamaon pea. Motion Carried.
The ordinance was p~aded on its third reading. and finatl
gssage. '
A4otion by T.J.Clilliamson and supported by M.T.Knoa that
ordinance be and is adopted as read.
Roll Call
A.L.Iteil yea M.T.Knox yea J.Myrea gea T.J.7filliamaon-gea
otion carried.
Mr Knox oallod the attention of the Council to the building
of sidewalYa on Swinton A~e.and on a motion by Mr Knox
and supported by Mr.IQeil that the matter be refered to the
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~~': i committee on Streets and Alleya, Carried
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'he Bills for the past F~ionth was taken up and on a Motion
>y T.J.Vlilliamaon and supported by 6.L.I(eil was referod;to
the Finance Committee. '
The Bills were audited by the Finance Committee and the A
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'ollowing Motion made '
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Motion by T.J.Ailliamson and supported by M.T.Knoz that
;he bills be refered back to the Council and warrents drawi9
'or the same as approved.
Roll Call
i.L.l(eil yea J.~tyres yea M.T.Knox yea T.J.Ailliamaon yea
vIO~ion Carried.
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Mr A.L.Nicols was prosent and asked tho Council to hate
grade stales set for Sidewal7~ on his lot on Lawerence St.
ibr-,was sugeated that the Council have grade stapes set from
the Ep,Church to Tomas at on the -feat Side of Swinton Awe,.
and qn a Motion by M.T.Knox and supportedby T.J.Ailliamson
that the matter be refered to the City Engineer and street
Committee. motion Carried.
Motion by J.Myera'and supported by M..T.Knoz that one pr of
use of
Poliece ltippere be purchased for the~City Marshal
Roll Call
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A.L.lteil you T.J.Ailliamaon yea M.T.Knox yea J.biyera yea
Motion Carried. There being no further business the
~'"`""~ " Council adjourned to meet Monday e~enin~ Aug,lBth.
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