416-41 ORDINANCE NO.~
AN ORDINANCE Granting Permission to the American Tele-
hone and Telegraph Company to Construct, Operate and l,~aintain
Lines of Telephone and Telgraph Upon, Along, Across, Over and
Under the Public Roads, Street% Highways and Other Public '/fays
of the City of Delray Beach, Florida, under the Terms Specified
Herein.
BE IT ENACTED B~f TiTE I,f3,YOR ~'D C OUI,~CIL OF ~ CITY OF
DELP~Y BEACH:
SECTION 1. That permission be and same is hereby granted
to the American Telephone and Telegraph Company to construct,
operate and maintain lines of telephone and telegraph upon, along,
across, over and under the public roads, streets, highways and
other public ways of the City of ~elray Beach, Florida, including
,[ such poles, wires, conduits, manholes, cables, electrical con-
, ductors and other structures, appliances and appurtenances as
· "',.. ~my from time to time ~e necessary for the convenient transaction
of the business of said company; provided, however, that t.~is per-
mission shall not be construed as granting the right, privilege
or authority to construct, operate and maintain telephone lines
for the p~rpose of furnishing a local public telephone exchange
service in said City, aha provided further that said Company, before
beginning the work of erecting poles and other structures or of
laying conduits as herein provided, shall give ten (10) days'
written notice to the said City of such intention, and shall, before
the be.~inning of such work, deposit in the Florida State Bank in
the City of Delray Beach, Florida, or some other depository desig-
nated by the City Council, to the credit of said City of Delray
Beach, such amount in cash as shall, in the opl~ion of the City
Engineer, or City Council, be required to cover the cost of the
replacement or relaying of any street or sidewalk which may be
',~, damaged thereby, w~ich said sum shall be a guarantee for the
~ payment to the City of such cost, the balance remaining, if any,
of such deposit, after the payment of the cost aforesaid, shall
be forthwith refunded to said Company.
SECTION 2. That the said line of telephone and telegraph
to 0e used for the purpose aforesaid, or port.~on thereof, may be,
at any time constructed, operated and maintained i~ ar upon the
conduits, poles and other structures of other companies owning
such conduits, poles and other structures in said City; provided,
that the consent of such other compsnies be first obtained; and
provided further, tnst such occupation and use of such conduits,
poles and other structures shall 0e so far as they are applicable,
in all respects subject to the provisions of the ordinances granti~g
permission to such companies to construct, operate and maintain
such conduits, poles ~nd other structures in said City. Said
grantee may permit the occupation ~nd use of its conduits, poles
and other strmctures laid or erected under or upon any public
road, street, highway or other publi,o way under this grant by
any other company having at the time 6f such occuoation ~ ~
_ ~ c~qC~ US e
the right to place and maintain wires and electrical conductors
under and along such puolic road, streets, highway or other public
way o
SEC,~I,,~N ,~. That the work of erecting poles or other
structures and of laying conduits hereunder, shall be done subject
to the supervision of the Oou~cil of the City of Delray Beach,
Florida, and the said Company shall promptly replace and properly
relay any sidewalk or street that may be displaced or disturbed by
the erection or the laying of such poles, structures or conduits,
and upon the failure of said company to 'begin such work after ten
(10) days' notice in writing shall have been given by the City to
such Company, to begin work, and to complete the same with reason-
able dispatch, the City may replace and relay such portion of
the street or sidewalk as may have been disturbed or displaced
by the said Oompany, and the cost so incurred shall be paid by
said Company.
SECTION ~. That said Company shall at all times be
subject to the City ordinances now in existence or which may be
passed hereafter, regulating the use of public streets, roads
or highways by telephone and telegraph companies. The City of
Del~ay Beach hereby reserves the right to use any poles, heretofore
or hereaftererected by said Company, for the purpose of erecting
and maintaining an emergency conm~unication system; and said Company
hereby? consents to such use and agrees that the determination of
the existence of any emergency shall be decided by the City
Council of the City of Delray Beach. It is understood, however,
that the right of the ~ity of Delray Beach to use any such poles
shall be limited to the placing and ms~intaining of two wires, and
that any wires erected or msintained on the said poles, in accordance
with this provision, shall be erected and ~aintained in accordance
with sta~.~dard Bell System practices and specifications.
· SECTION 5. That the said Company shall indemnify the
City of Delray Beach, Florida, against, and assume full liability
for all damages w~ich may arise or accrue to said City from any
injury to persons or property caused by the work authorized herein
or by the neglect of said Company or any of its employees to com-
ply with any ordinance regulating the use of the public street,
roads and highways of said City, and the acceptance by the said
Company of this Ordinance shall constitute an agreement by it to
pay the City any sum of money for which the City may become liable
by reason of such injury.
SECTION 6. That this Ordinance shall be in force and
effect for a term of thirty (30) years from the date when it shall
take e~ect, and the said City hereby reserves the right and re-
quires the said Company as a condition precedent to the taking
effect of this grant, to give and grant to said City of Delray
Beach the right at and after the expiration of such term to pur-
chase the telephone and telegraph lines or other property in sai~
City, used under or in connection with this grant or such part of
such property as the ~unicipality may desire to purchase at a
valuation of the property real arid personal desire~ which
valuation shall be fixed by arbitration as may 0e provided by
law, and the acceptance of this ordinance shall operateas a
grant by the company to the City of the said right to purchase.
SECTION 7. That the permission hereby granted and the
terms and conditions imposed herein shall extend and apply to
the said Company, its successors, assigns and lessees.
SECTION 8. That this Ordinance shall be in force and
effect from and after the earliest date permitted by law upon
the filing by the said Company in the office of the City Clerk of
said City its acceptance hereof.
~sed the Z ~ ~_day of ~/__<~~ .,, , Z~..
· ~il
·
~' Attest: ' Ap~~
City Cl'e~k. " ' ~ayor