Ord G-179(26-53) oaDI ; :cr: NO. 0:,,179
AN OPd_)IN.~,.~CE OF THE CITY COU~:~CIL OF TiE
CITY OF DELP~%Y B~CH, .~LO:.~IDA, A~THORIZING
THT~ ~;OUTIE~F~~ BELL Tf~I,~iHONE A~ TELEGi~H
CO~A?~ Y0 USE T~{~{] P~EBLIC STREETS 0F THE
CITY 0F Df{L~!Y BEAC~, FL0i~II~A, FOi{ T~;.;~] i~UI{-
POSM 0F ERr]CTI::G, C0kSTkUCTING, F~INT;~INING
A~!]) 0PE~iTi~'~G LIM~3 OF T~{L~HONE ~{]0 T~LEG~&PH
~HEI{EON ANI) THEI~UNDE}:I.
S;{CTION 1. Be it ordained by the City Council of the City of
Delray Beach, Florida, 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
crate 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 City of
Delray Beach, Florida, as its business may from time to time require,
provided that all poles shall be neat and symmetrical.
S~CTION 2. The work of erecting poles and constructing under-
ground conduits under this ordinance shall be done
subject to the supervision of the City, and the Company shall replace
or properly relay and repair any sidewalk or street that may be dis-
placed 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
M~ayor of the City to the Company, the City 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. Im consideration of the ri~hts and privileges herein
granted, the Company, when requested by the City, will
desi,..~nate and urovide without cost to the City (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 cross-
arm for, wires of the police and fire alarm signalling system of the
City, and (2) in each underground conduit owned and used by the Com-
pany hereunder a~d during its ownership and use thereof, one duct for
the cables of the ~.)olice and fire alarm signalling system of the City
provided, however, that no use shgll be made by the City 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 wh:ich will endanger, damage or injure the person or pro-
perty of the ~)ublic or employees of the Company or City.
SECTION 4. The Company shall indemnify the City against, an~
assume all liabilities for, damages w~.~ich may arise
or accrue to the City for any injury to persons or property from the
doing= of c~ny 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 City, and the acceptance by the Company
this ordinance shall be an agree~ent by it to pay ~oo the City any
sum o£ mo~ey for which the City may become liable from or by reason
of such injury.
SECTION 5. The Company shall file with the City Clerk of the City
its acceptance of this ordinance within sixty days
from the date when it shall take effect.
SMCT!0N 6. Nothing in this ordinance shall be construed as a
surrender by the City of its right or power to pass
ordinances regula, tin~ the use of its streets.
S~JCTION 7. This ordinance shall be in force and effect for a
term of thirty (30) years, and the City hereby re-
serves the ri~t and requires the said Company, as a condition pre-
cedent to the taking effect of th:is grant, to give and grant to the
City of Delray Beach, Florida, the right, at and after the expiration
of such term, to purchase the telephone and telegraph plant or other
property in said City used under or in connection ~rith this grant, or
such part of such property as the municipality may desire to purchase
at a valuation of the nroperty, real and ~ersonal, desired, w:-,ich
valuation shall be fixed by arbitration, as may be provided by law;
and the acceptance of this ordinance shall operate as a grsnt by the
said Company to the City of said right to purchaee,
SECTION 8, This ordinance shall take effect upon its ratifica-
tion at a referendum election to be called and held
in accordance ~[th the provisions of the Charter of the City of Delray
Beach For holding bond. elections.
S[~CTION 9. Upon annexation of any territory to the City of
Delray Beach, that portion of the Facilities and
operations of the grantee of tkis Franchise located within the said
annexed territory or upon the public streets, alleys, or public places
thereof, shall thereafter be subject to all of the terms of tkis grant
as fully as though this grant and franchise were expressly extended
to such annexed territory.
SEC'rION 10, Further in consideration of the rights and privileges
herein granted, the Company, when requested, will
furnish to the City free of charge three private branch exchange
trunks, and such exchange line and station service as the City may
desire at a concession of 33-1/3~/~; provided, however, that the ser-
vices above mentioned are to be Furnished under and subject to the
usual rules and. regalations of the Company, including those applying
to toll service, which said toll service is to be -aid for by the
City at the regular and lawful rates of the Company therefor.
PASSEl) in regular session on second and final reading on
this 12th day of October 1953.
' · yor
ATTEST:
' 'City Clerk
(S2AL)
PASSED A~Ii') ADOPTED: October 12, 19~3.
1st Reading - September 28, 1953.
2nd and Final Reading - October 12, 1953.
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