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04-08-12 u Delray,. Florida, April 8th., 191£. Meeting called to order at eleven thirty P. M. Roll call dispensed with. There being no quorum present the meeting was ad~onrned til seven thirty P. 8~., Tneaday, April 9th --- April 9th., 191E. j Meeting called to order at seven thirty P. 1~6. by Press. Rae. ~, Roll call with the following present; Pxes. BteRae, Ald. ton, Cason, Backermea and Bnepper. ~:`~ ;~j t Minutes of last regular meeting read sad approved. Clerk read a communication from Mayor Balch, of owe, regarding the gas need 3n th8 street lighting; ays. - ` cued and seconded that the communication be reoeiTed and arried. a Clerk presented report of census enumerated by Thos. P. lackmer, showing the census of Delray to be 781, togett" "`'= ith bill for taking same, Mewed and seeon8ed that re ;". '; e accepted and placed on fiie. Carried. a- Clerk presents reports of officers Yor the month of'~~ ogether wixh bills for court fees, ®trpplfeo, labox. etCt„ °~`.:: oved,and seconded that all repoxts and bills be referred is he finance committee, Carried. 4; r., A1d. Acton, Chairmea of Ordineaee Co7smlttee pxe'ssid~' rdinance granting a franchise to the Bsst Palm ~eaob ~ ~' bane .Company of Beat Palm Beaeh, Florida, and mouses tht-~t,;° e pnt on its second reading and: final passage. dsoo~od ~ arried. - AN -ORDII~ANCB _~" Granting t® the Beat`1'~1m:Bgadh Telephoae Co s ~?~_ ration duly orgsaised and existing Hader awc~otyt~]so .tats of Florida, the right, privilege andta~1 rity .to ote~ onstruct, pleas, operate and maintain its poles. oet emi!" ixturea and central office, in, under, over, alo7og. t~7r+i '. " ~' ad npon_the:~treets,,,alleys and::pnble ways in the ToiMA: ~ BB IT .'ORDAINED BY THE TORN CODNCIL OF THE" T01'4iP' OP" Fo ``. BI~Q~BhACH COUNTX, FbORIDA. _ ,»~'"~~ " ee. 1 That The Best Palm Basch Telephone Compax~, its ~rxegn- essora and assigns, be, and hereby is' granted, b thhe~ ~'o~g74 elray .Florida, Tli~ right, privilege and elrtshoty to eresl~,.: onctrui3t, place, operrate and maimtaia in. asi~ars along, o crt-®s',and neon the sheets, alleys and pnb]~a way8 ~ th+e~ own e~ `57elray, Florida,; a central offiee, ee"1i pose's„ arirea~ ~ry,~= ,.°< r :-- sables, pipes, conduits and fixtures necessary and convenient ~ for supplying to the citizens and residents of said Town, and to the public, enmmunieation by telephone orother similar imp- roved electrical devise, but in the manner and upon the follew- ing express terms and conditions: t®-wit; 1st. The right, privilege and authority hereby granted to and vested in the said The West Palm Beach Telephone Company, ite aucaeasors and assigns, by the Town of Delray, Florida, eha11 (extend and be applicable to all streets, alleys and b~.io ways now opened and in use in said Town of Delray, F~sxida,.aalE to ell streets, alleys and public ways that may hereaftex bo .. opened and dedicated to the pnblio within the preae7nt tet+n li~« its of said Town of Delray, Florida, and within such other territory as may hereafter be properly annexed to said Toxn of Delray, Florida. 2nd. All such poles, wires, cables, pipes, oonduita and fiat "' ~ ores hereafter erected or constructed under or by virtuo +s3 the right, privilege and authority by this ordia$nce gran'~-d i and confered in, under, over, .along, across or upon aAd stxsd~, alley or j~ublic way is said Tewn oY Delray, Florida, s''~ ; so erected and constructed under the direotien aid tra~~eot to ' the approval of the Town Council. 3rd. All poles to be erected by the said 'the sect Pala D~pr~ Telophone Company, its anaceeaora and assigns, shall 'be l~tt and symetrlcal, and all such poles, wires, oebles,. ,~ nits and fixtures shall be so plaoed ea not to into ,. ~~ the proper and ordinary use of said streetai elley+s ate. ~ lia ways. ,~;, 4t3H. No such wires, cables, pipes, conduits or other e ,, conductors, if plaoed above the surface of the strung or suspended at a distance less than fifen the surface of the ground, and. not fees than two feet ~e~;'. below any existing telegraph, telephone or any ot~tsr e wire, cable or conduit. 5th. The West Palm Beach Telephone Company, its assigns, shall promptly and propperly, n a wox~,~~slt replace and relay street,. alleyy ox publo wyr'~~K. damaged by the same Weat Palm Boash TeleepphotNr ~ snaaessors and assigns, in the oxeraiae of the #`'~$ht* . ~ and authority, by this ordinance granted and ae~~!ewxxrl~ 6th. The rate is bA oharge~,far telephone8 inatallad ins t<'' exercise of the right, pri~rilege and authority gxan ? (erred by this ordinance shall not exceed the follewi ;~ the Towm limits; to-wit:- The charge for a single tel for a private residents on a party line shall be 024.00) dollars per year or fraotio~l, part thereoi`~ ; for a single telephone fax 8~b®ardisag=house, hotel,, other plane of business eit~° arty Hale s~sl1 ' (~36.00)'dollarsper year, cr fractional part thrsroa~` ~`;~~ _.char a for a si le tale p ~x" g ng p~ione,for either a rirate or place of buaiaesa en a private line shall be eX dollars per year, or fractions]: part thereof, in ad the above named rates. PROV~SD however, that for too ation of a desk telephone an addl,tional charge of ni$` than cis ($6,00) dollars"par jreax, ox fxewtional rt. ~ may be charged according the ki~id azr(t.c~~al3ty at 4'. 0 0 A nment ordered installed, in addition to the above named rate. 7th. Each and every stipulation and agreement coatained in this ordinance to be complied with by the said The ~-eat Palm Beach Telephone Company, its anocesaora and assigns„ a,ceni! ition precedent and essential to the continual exiate! of any right, privilege or authority, by this ordinance<granted and conferad, and any non-compliance or non-performance b~ or on the part of the said The Meat Palm Beaoh Teleph~fe Ci~~.:° pang, its successors and assigns. eYter reasonable aotice,.i~t , writing of such nen-compliance or non-performantss, shall ~~- been served by the Town Council of the Town of Delray, P`ler~; upon the said The V7est Palm Beaoh Telephone Company, i'Ge a.,w essors and assigns,. shall work a forfeiture of s.ll rights, privileges and authority, by this ordinance ~rante8 aisd coni'e! red. 8th. The west Palm Beaoh Telephone Compan,V, its auc4aa~dre {` assigns, shall hold and keep the Town of Delray. Flpr~a, and harmless from any and all damage to persona and ppr+fpbrf,~:,' arising Prom or growing out cf the exercise of the right, ilege and authority herein granted and conferred:, and t7ie ptance of this grant by the said The West Palm a~aeh T'el.~ Company, its successors and assigns, shall be aont~trued ~o be,; an agreement by it, its successors and assigns. to fi=t Town of Delray, Florida,. any legally determined ata$ of for damage or injury to persona os property occa~3ened 'fir said 'Ehe West Palm.. Beaoh Telephone Company, its +s'~oear,: ` assigns, and in order to insure snob indemnifiealrieh a 'z.~ and seffioient bond may be required of the said Thy ~-+~a. Beach Telephone Company, its sueeeasora and easig,~tt. bond shall be Por a sum. not to eaceet! One Thouse~ ~'"'~ 11000.00) and shall be payable to. the Towa of Da'ly~i 9th. All rights granted and conferred by this ordf~[; °' granted and conferred, and shall be eaerciaed, a1~P~eQt ~. reasonable andproper ordinances and regulatio=sa ra to, which said Town of Delray-may see fit at tom" lOth.The construction of the telephone systaaa~;~~,° ante authorised, shall be commenced within t]~ee the time this ordinance goes Ynto effect, and 1i~9aa traction thereof ie begun within the said three m~'Il~t~` prevented by -accident or unavoidable occnre2-tsei t~i~ that .event, this grant of franchise shall fie e'rtA be't '!ap `' sitars at the option of the Town Council of the e~', Florida. PROVIDED however, that the said The wea~A;": Telephone Company, its sncceeacrs andssaig~a, ahal~, expected or obligated by the above, to install i4ie t~ office until such time as at least thirty f30~. bogie scribers are pledged to the laid The Weet Palm ~~ " one Company, its sncceaeora and assigns, to a~ba for at least th3~rt~otSEi) telephones for one year ~ i~ have its line completed to the: Town of Delrayy and ~X.x ready to furnish teleps sertrice with and b~etwee9u . o~ Delray., Florida an a 9ity of Vast Palm Beau, and Ynterme8late points, not later then eight (8) F the. date this: ordinance goes f~tto e~~ect. ~ - -,.,~: ~ ~~ 11th.The right, privilege and authority, by this or ." granted to and vested in the said The west Palm ~sae$' ti hone Company, its successors and assigns, is vested and graII#- ed for a period of twenty years from and after the date upon' which this ordinance becomes effeotive. Sec. 2. That The West Palm Beach Telephone Compar~,. essors and assigns, in consideration of this grant ise, shall furnish the said Town of Delray, Flerida, business, and without charge,- and so long as the said West Palm Beach Telephone Company, its snooessore anQ eseroises the right., privilege and authority by thi granted and conferred, and with ezohange aervioe_wi#h; Town limits of the said Town of Delray,. Florida, thra telephenea, one to be placed in tha tows oonnail ohe~ in the Town Fire Station, when same shall have been. vi shed, and one in the White Public School House,, icr t; exclusive use of the teachers only. See. 3. That the Town of Delray, Florida, given asM the right, privilege and authority hereineet fert3z, x; the right and requiring the said The West Palm ~saoh? Company, its succeasora and assigns, as a aonditlen to the taking effect of this grant, to give and reap Town of Delray, Florida, the right at and after ~ ~; ion of the term of twenty years, hereinbefore setfert~ purchase the telephone system, a~-d e11 other proper under or in conneotion with the right, privilege az~~i ity, by this ordinance granted and conferred,. or„s~aesh said property as said Town of Delray, FI®rida~ mttiy dot purchase, at a valuation oY the property, real acid e desired, which valuation shed be fined by arbitr~e~ ordance with the proviaione of Chapter 4869 ®f the Aa? Resolutions adopted by the begialature of the Sta'~t u ids under the Conatitntion aY A. D. 1885, whioh`wais ~~ June 2nd., A. D. 1889. Sec. 4. That the said The Wsst Palm Beach Tel ,a.ny, its auceesaors and assigns, shall, within ~ after the promulgation of this ordinance, Yile wt1~1,t1 of the Town of Delray, Florida,_its written accept its corporate seal, of this ordinances and a1Y tteT~R,: ions and conditions thereof,. and .upon the tailtuce " acceptance aforesaid, this crdinanee shall be ~ !~»i and of no force or effect. Sec. 5. That this ordinance shall be poata4t 3n conapicnona places in said Town of Delray, Florins„ period of thirty (30) days and eha11 take effect, sae force., from and after the iiliag of the written p+ above provided for. Sec. 6th. That all ordinance er parts of.ordiaane~s 17 siatent with this ordinance be and the Basle sre here repealed. Passed this the 9th, day of 4pri1 A. 21.' ;~ 9tteat. ~ rea en , c+kM Wm. W. Blackmer (Seal:}. ~s er s~r~ dpproved this the 16th. dey,of'Apri1 g. e, u;~ e v Motion by Ald. Cason, seconded by Ald. Wnepper, that the franchise ordinance be adopted as read. Roll call; President McRae Yea. Alderman Acton Yea. .. Cason Yea, '" .. waokerman Yea. .. Wnepper Yea. Carried unanimously. Clerk reported that all bills and reports had been a~pt+ owed by the Finance Committee. Moved and seconded that reports be accepted.and bil].i ~~~ be paid as approved by the Finance Committee. CerrielL. Motion by Ald. Aetori, eeoonded b~ Alderman waekerma~, that the Clerk write Messrs. McGinley and Goamsa, at Nea'Q p, Beach, that, owing to the indiPinite advise rece'ired +!' attbrney, the Conseil did not Peel that it had any right to alter Atlantic Avenue as requested. Carried. Moved and seconded that we ad~onrn. Carried. Approved the ,day of - 191, President, owa o ;, Attest - ~. ~~e< Clerk. ~`< ~' ,, ,~ ~, .. ~. ~: