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03-18-12 Adjourned Delray, Florida, Maroh 18th., 1912. adjourned meeting called to order at 8 P. M. by ~ Res. McRae. Roll call with the following present; Pres. McRae, Ald. Acton, Cason, Waokerman and Wneppar. ' Minutes of March 4th. and 11th. read and appraeed.- ---- Clerk presented bill of the Aleazar Electric Co. for $ 10.00 for electric sign at County Fair. Moved and seconded that same be referred to Finance_ Committee. Carried. Clerk reports bill of Alcazar Eleotrio Co. approved ~ by Finance Committee. Moved and seconded that bill be paid as approved. ~ Carried. Ordinance Committee reports on ordinance grantis~ s franchise to the West Palm Beach Telephone Co. Moved and seeonde~~ that report be accepted. Carried. Ald. Aoton, Chairman of the Ordinance Com. introdnaa6: the Ordinance granting a i"ranohiae to the Weat Palm Besa21`~ Telephone Company and moves .that it by put on ijis firs' r~ct- ~ ing in full. Seconded and carried. ~. AN ORDINANCE. ~ \ Granting to The West Palm Beach Telephone Compas~-,, ~ corporation duly organized and existing under the laws a~="~a. State of Florida, the right., privilege and authority to ~a'C, construot, place, operate and .maintain it poles, wires fixtures and central offioe in, under, over, along, ae ~- upon the streets, alleys and public ways in the ToRn o-~'' ~ ray, Florida, on the terms and conditions herein expxresped„ ? BE IT ORDAINED BY THE TOWN COUNCIL OF THI: TOWN OF DELRAY, PALM BEACR COUNTY, FLORIDA: 1 ~. Sea. 1. That the west Palm Beach Telephone Company, its sttoC- essors and assigns, be, and are hereby granted by the ~owrr of Delray, Florida, the right, privilege and authority to ereot, construct, place, aperate and maintain in, wades, orrer* along,: across and-upon the streets, alleys and $nblio ~ ~ the Town of Delray, Florida, a oentrsl ofiic®, all gtap~elFg ~^a~ wires, cables, pipes, oonduits and fixtures neoessaarryy or convenient for su to the citiseas and zresideats of sa l in pp g y . Toan, and to the public, comunioation by te'leph©ae or o~~hez~ r.~` similar improved electrical device, but in the manner .and upon the following express terms and conditions, to-wit:' ~' 1st. The right, privilege and authority hereby eraated to and vest®d in The West Palm Belch Tele~ihone Company, its suc- ' ~: censors and assigns, by the Tvwa of Delray, Florida, shalt catered and be applicable to all streets, alleys and pnblia o; aye now opened and in ass in said Town of Delray, Florida,. and to ell streets, elleys'and public ways that may hereafter CZ be opened and dedicated to the pnblie within the present lim- its of said Town of Delray, Florida, and within such other tef~it6~y as may hereafter be properly annexed to said Town of Delray, Florida. 2nd. All such poles, wires, cables, pipes, eondnit8 and fixtures hereafter erected or constructed under or by virtue of the right, privilege and authority by this ordinance_grant~: ed and conferred in, under, over, elong, across or upon B7~' street, alley or public way in said Town of Delray, Florida, shall be so erected and constrnoted 'h3idsr the. direction , a1Sd snb3ect to the approval, of the Town Council of said Tawn. , 3rd. A11 poleg to be erected by the said The Weat Palm Beach Telephone Company shall be neat and symetrical, end #'i1. - such poles, wires, cables, pipes, conduits and fixtures shall' be so planed and maintained as not to interfere with the ;pro. pex and ordinary'nae of said streets, alleys and pnblia way#. 4th. No such wires, cables, condnita, pipes or other elea- trical oonducstors, if placed above the surface of the ~rouhd~ shall be strung or suspended at a distance leas than fifteen feet above the surface of the ground. and not leas than two feet above or below any existing telegraph, telephone or and other electrical wire, cable or conduit, 5th. The West Palm Beach Telephone Company shall promptly and properly, in a wori~anlike manner, replaoe and re3,ay es~-: ~ street, alley or public way that may be'damAged by the said The West Palm Beaoh Telephone Gompany in the exercise of the righ privilege and authority, by this ordinance granted and referred. 6th. The rate to be oharged for telephones installed 3n the exercise of the right, privilege and authority gran' F conferred by this ordinance shall not exoeed the fo114wi~ ,': within the Town limits, to-wit: The charge for a single 1te~uw phone for a pprivate residence on a party line shall ba four (~24.4~) dollars per year:, or tractlanal part thsi~",y the charge for a single telephone 3or a boarding house, hae$e ? office or other plane of business on a party Line shall be 1 'thirty six 036.00) dollars per year, or fraetional,pas'C ' thereof; the charge for a single telephone. for either a iv- . ate residence or place or business on a private line shall bit y Six 06.00) dollars per year, or fractional part thereof 11~ addition to the above named rates. Provided however tha'~ far the installation of a desk telephone an additional charya ai' not less than Six 06.00) dollars per year, or freatio~. a partthereof may be charged according to the Bind and gtu~lita •_ of the instrument ordered insta'.],ed~ .in addition to the ;, above rates. _ . 7th. Each and every stipulation an& agreement oeteta~lact 3 this ordinancse to be complied with by the said 't'he li`a#`t •a. Beach Telephone Company is a condition pre©9dent and assent to the continual existence of any right, privilege or aut'3~ ` ity, by this ordinance granted an8 conferred; and ~. compliance or non-performance by, or ail;tA,e p#zt ~s ~d The West Palm Beaoh Telephone Company,;ai"ter asaaa'bie not. ~ . i '' ~" ice in writing of such non-oomplianoe or non-performanoe, shall have been served by the Town Council od the said Town of Delray, Florida, apon the said The west Palm Beaoh Tele- phone Company, shall work a forfeiture of all rights, prix- ilegea and authority, by this ordinanoe granted and conferred,;.: 8th. The west Palm Beach Telephone Company, its snoceasors__. and assigns, shall hold and keep the Town of Delray, Florida free and harmless from any and all damage to persons and prop- erty arising from, or growinf; out of, the exercise of the ,right, privilege .and authority.. herein granted arid. e4n~a~i'!A~r_..;...' and the aoceptanoe of this grant by the west Palm Beaoh Te3.e. Iphone Company, its suocessors and assigns, shall be oonstxued.;.:; Ito be an agreement by it, its suocessors sad assigns t~>~-~r !to the Town of Delray, Florida, any legally determined aUm ',of money for damage for injury to Person or property oeoa8t~,` !~oned.by the west Palm Beaoh Telephone Company, its egen'OS Isuccessors or assigns, and in order to insure auoh indemt~~~•. ieation, a good and auffiaient bond may be required of the said 'Bhe West Palm Beach T®lephone Company, its snoaessor8 orr' assigns;: which bond shall be fare cum not to exceed ~~ Thousand 01000.00) Dollars, and shall be payable to the T~ A of Delray, Florida. ..9th. 911 rights granted and oonferred lay this ordinnnee ars granted and conferred, and shall be exeroised sub~eet to-a1~ reasonable and. proper ordinances and,regazla€ions relati thereto, whioh said Town of Delray,, Florida, may see fit a at any time to adopt, a lOth.The oonatruation of the telephone system, by th#e~.ex'3~ ,~ inence authorized, shall be commenced within three (3~ months from the tame this ordinanoe goes into effeot, and unle~ws: -~'+ the +~nstra.otion thereof is begun within the said. three ntant7ajk, unless prevented by accident or unavoidable ooourenoe, tY-en~ and in that event, this grant of franohise shall be subt to forfeiture at the option of the Town Council of the ~'~, Delray, Florida. Provided however, that the sai$ The l4ea Palm Beaoh• Telephone Compar>,q shall net be ohSigate8 or . eei+~+`~ ed by the above to inatal,l .its :s-~entral offioe eyh'~iT ##s$s as'.dt"~ea„e't-thirty ~~0)"~bon~ f~d~=:a~b~c~~Texa are ,g~.t~ '~s the said The west Palm Beach Telephone Company to subse ,° end pay for at least thirty (30) telephones for one yeart,,.'~t it shall have its line completed to the Town. of Delray erw ids, and shall be ready to furnish telephone service w~t2s axdE >~ between said Town of Delray, Florida and the City of west ~*' Palm Beaoh, Florida, and intermediate points, not later than eight months (8) from the time this ordinanoe goes into ei"!'asis.°s Sao. 2. its sueeasaors 8ca-:i~sa~i That .the west Palm Beaoh Telephone Gompanytfin ee~1~4.. eration of. this... grant .and franohis#, e}~all. faxnis >tr,~s „, Town of Delray, Florida, for city business,_an8 witlieat~ charge, and:so long as the said The west Pe],m Beaoh Telephone Company, its successors and assigns, exercises the xi A'~, r31~ Alege and authority by this ordinanoe granted and co~~tte and with exchange. .service within the Town Limits of the:sad Town of Delray, Floxida,-three (~} telephones „ one te'be planed in the Council Chambers, ~ one in the Towfi 1~re, Statics when same is eatablishe8 and one. in the Pnb~.ie, White School Yor the use of the teachara only. 0 .~ Sec. 3. That the Town of Delray, Florida, gives and grants the right, privilege and authority herein set forth, reserving the right, and requiring the said The west Palm Beach Telep- hone Company, its successors and assigns, as a condition prec- edent to taking effect of this grant, to give and grant to the said Town of Delray, Florida, the right at and alter the expiration of the term of twenty (20I years, hereinafter ment•. coned, to,purchase the, telephone system, and all property aced under, or in connection with, the right, privilege and anthor~- ity, by -this ordinance granted and conferred, or sucsh`pnx°C ~+6f'~° said property as said Town of Delray, Florida, may desire to `' purchase, at a valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration, in accordance with the provision of Chapter 4859 of the Aota, Resolutions adopted by the Legislature of the State of R`1artUM: > under the Constitution of A.D. 1885, which was approved June 2nd., A.D. 1889. Sec. 4. That the said The ~9eat Palm-Beaoh Telephone Compaannyy shall, within slaty (60) days after the promulgation of this ordinance, filb,with the Town Clerk of the Town of Delray, Florida, its written acceptance, under its corporate seal. of this ordinance, and sll terms, provisions and conditions thereof and, upon the failure to file the acceptance afore- said, this ordinance shall be null and void, and of no force or effect. Sec. 5. That this ordinance shall be posted in three (3) conspicuous please in the Said Town of DelrayR Florida, fox one (1) month, and shall take effect, and be in force, ~rbm and after the filing of the written acceptance above prow- ided for. See. 6. That all ordinances, or parts of ordinances no0rig~ - istent with this ordinance be, and the same are, hereby repealed. Fasse& the day of A.D.,-1912. resident own ouncil. Attest: Clerk. Approved the .day of A,D., 5922« Mayor. Motion by Ald. Wuepper, seconded by Ald. Cason that .the ordinance be refered to Ordinance Committee. Carried... Clerk read a petition from J.-B. Rice and R. M. Sher- ~• wood asking to have the a12ay running North and South throug3i a r .~ S f the center of Block Fifty-nine (69) closed. Moved and seconded that petition be referred to Com. on Streets, Sanitation 8c Improvements. Carried. Moved and seconded that Clerk be instructed to write Atty. Bussey giving full particulars and information regarding the proposed system of street lighting and get his opinToa of same. Carried. Moved and seconded that Clerk be instructed to write Atty. Bossy and ask if it will be necessary by ordtna~s°-°or --~- otherwise to legally adopt the plat of the Town of Linton '' on record in the office of the Clerk of the Circuit Court, ;; as the official mad of the Town of Delray. Carried.. Moved and seconded that Mr. A. J. Henry Jr. C.E. 'be employed to establish sidewalk grades in front of the'praperty of Per. Frank Hand on GAllaird St. Carried. Moved and aeoonded that we now adjourn. Carried, .y Approved the ~~day of%71,w,-~ A.D. , 1912. . t ';a-; R resident, Town onnoi7. ~. Attest:, Z~'lerk. ;M!'f' .fit ;.~ ,~*'e ~- r;. t ?~~ C~ AN ORDINANCE against spitting on atreets,~ side walk8 etes imposing a penalty for the violation of aam4. B& IT ORDAINED BY THE TONN COIINCII. OF THE TOAN_ OF 1~1I,RJl?; That whosoever shall spit upon the walla oS floor of ate is building or upon the aide walks of this Town shall De shed by a fine not eaoeeding Five Dollars (~b~00) ar- isonement not eaoeeding five (5) days, or both so fine3 imprisoned. Passed the 25th. day of Maroh A. D. 1932. - - -°•• Attest; `' J. R. A t0 Pres en .own Pro '.Crm, ,: wm. W. Blackmer ler . Approved the' day~f A. D. 1912, *. ordinances be adapted ~ ~ < Yea.. Ysa. Yea. ~.~F Carried nnanimonalq ~, Committee on Ordiaancees asks for farther time on t,~"~ shies Ordiaenoe, ~~~~~ Mov®d and seceonded-that the Roll call, Ald. Q~oa, . 1. Watskerman . Wueppex Ald. Cason of the Oddinance. Committee presanlts oe pleaing the Town Bdarahal .on s eelery and reg~i~ fit onnt of same. Moved sad seoonded that ordinance as preesnted~~y aeon be put on its first reading.. by title only, ~? Moved and seoonded that ordineaee bs refesred to t' on Ordinanoes. Carried. Ald. Cason of Ordinanoe Committee presents oxda~rl`.° a:,, , lacing Marshal on a Salary an8 re~ommeade #ts p~mesepiq, Cason Aaakerman -Moved end seaondedlthat rple~e b! anapsadsd e~a3 ~ ~*~ ordinance ~e put on Its second reading a~ fittest psrse# Carried-hy unanimous conps~t, ,, ; . AN ORDINANCE PI,ACINC T~ TOitA MARSHAZ: Og A $AT.r1RY Ate' UI,ATIHa THS AMOU$T OF S.~ltt ` $& Ifi.O$I~AIH$II B7f"'~. TO ~COtfH4'r~i #)F TI$& TOFYB t!F ~`-a That the Town ]~arsha~ he axi~t ,harabg is plead ~fA e ary of Fii'ty Dollars 050.00 per` i~a4~ eoing the ~ '.'~