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04-22-12rj Delray, Florida, April 22nd., 191E. Meeting called to order at seven forty five by Pras. McRae. Toll call with the following present, Pres. McRae, Ald. Aoto~, Cason, Wackerman and Wuepper. b m 0 a3 w m P m U c 3 c : ~ w ~ ~ ~ a w H F~7 r ai . t;e m ~ ' o ~ ~ ~ H m ~, ~; o n ~d m m m o m o +, H M O fS n o r y Minutes of last meeting, held April ninth, were read and adopted. Regular order of business anspended in order to confer-..with Mr. M. E. Gruber, concerning the Telephone Franchise, hs haT~'; ing asked for certain changes and prepared a new Fraaehe4 } the proposed changes were informally disenseed, Basses ta~ to allow Mr. Acton to find the original ordinsnce~ ea oorsroot ed by Mr. Bnasey and discassion continued after same we.e procured, until 10-20-P. D[. Motion by Ald. Cason, seconded by Ald, Wackermaa that alloo! that part of the minutes of April 9th.. A. D. 1912 that appertains to " An ordinance granting a franchise to the q-eet Palm Beaoh Telephone Company be and is. hereby, rsaets~ed. Roll called as follows; Pres. McRae Aye. Ald. Aoton Aye. Ald. Cason Aye. Ald. Naekerman Aye. Ald. Wnepper .Age, Curried nnanimotsaly. Ald. Acton presented an ordinance, From the Camffilttes :Q9p finances, granting a franchise to the West Balm E/eeh Ted, Company, , which was read by title and on motion of 8:1,8 ~, per, seconded by Ald. Waekerman, was referred to the on Ordinaneed, with inatrnetiona t© make ~n immelEiats thereon. Carried unanimously. Mr. Acton reported on ordinance, from the Ordinance ~ granting enfranchise yo the Weat Palm Beach Telephone ~s Moved. by Ald. Cason, seoonded by Ald. Waokermea. that tote rv$; be snspended'kand the ordinance be plaeed,beFore the CaomQ31 '' for immediate notion: Carried unanimously. The oddinance was then read twice and amended as follorrm; AlY ORDIgANCE. _., ~..,;, Granting to the West Palm Beach Telephone Cempatx~;"a corporation duly organised andeaiating under the laws ~~'' State of Florida, the right, privilege and authority to mom';; taro a central office, to erect, eonatrnct, place, ogee-s#ok a'~i1 maintain its poles, wires and fixttsxe8 1n, uYlder~ o1"e1`* ', acrmss and upon the streets, a~, gs and pn8l:~ wes~a ~ °!_ of Delray, Palm Beaoh Connty.,5-.Lperida, end Ids the terms ~! conditions .herein expressed.' BE IT ORDAINED BY THE TOWIQ COUNCIL OF THE TOWN OF DE7,RAY, PALM BEACH COUPdTY, FLORIDA; 7 y Sec, 1. That .The West Palm Beach Telephone .Company, its successors and assigns, be, and hereby is, granted by the Tows of Delray, Florida, the right, privilege and authority to maintain a central office, to erect, construct, place, operator. cud maintain in, under, over, along, across and upon the etres~ alleys and public ways in the Town of Delray, Florida, d7.1 ponies, wires, cables, pipes and conduits and fixtures neces- sary or convenient for supplying the citizens and residents,. and to the public, communication by talepho'ne oi' other 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 granted to,askt.' vested in the West Palm Beach Telephone Company, its sneoessnr and assigns, by the Town of Delray, Florida, shall extend es-d be applicable to all streets, alleys and public ways now bpeffi~ ed and in nee in said Town of Delray, Florida, and. to er,]S streets, alleys and public ways that may hereafter be o cued and dedicated to the public within the present limits o~ tZ-e said Town of Delray, Florida, and within such other territory as may hereafter be properly annexed to the said Town of Delray, Florida. 2nd. All such poles, wires, cables, pipes, conduits sad t3,~. ores hereafter erected or constructed under or by virus ot`"~ right, privilege and authority by this ordinance granted a7 cAnferred in, under, over, along,. across or upon an~r e'txtrit~ alley or public way in the said 'Down of Delray, Florid; s~I.~ shall be so created and constructed nn&er the direct3Eaai sub3eet to the approval of the Town Council of the asid of Delray, Florida. 3r'd. All poles to be erected by the said, The West Palm 93aae~ Telephone Company, its successors and assigns, shall be # and symetrical, and all such poles, wires, cables-, pipes d~lE~+~"" dolts and fixtures shall be so placed and maintained as'r~t teF interfere with the proper and ordinary use of ea3d sts`~l1~ly` alleys and public ways. 4th. No such sires, cables, conduits, pipes or other eledti"tse conductors, if planed abose the ground, shall be stxtn~ sit suspended at a distance less than fifteen (lbf feet aboTe=.eri! surface of the ground, and not less than two (2) feet abode' or below and existing telegraph, Telephone or other elsptrfaal'! wire, cable or conduit. 5th. The Weat Palm Beach Telephone Company, its successors aatl:• aesiene, shall promptly and properly, in a wor3ananlike mix,.? replace and relay and street, alley or public way that ~' be damaged by the said The West Palm Beach Telephone ~e its successors and assigns, is the exercise of the right, privilege and authority, by thiB ordinance granted sad ~ , (erred. - -j 6th. The rate to be charged for telephones installed is the $'.°`°i exercise of the right, privilege or authority greeted sad .;; (erred by this ordinance shall sot. escoeett the following vi't'a the said Town limits, to-wit;- The charge for a ain~le tels~.• ; hone for a private residence on a party lineshall be tsenty our dollars 024..00) per year or fractional part thereof; the barge for a single telephone far a ~3oarding House, Hotel, ~ ffice or other place of business on a party line shell be hirty six dollars 036.00) per year or fractional part there- f; the charge for a single telephone for either a private eaidence or plane of business on a private line shall be sin ollars ($6.00) per year or fractional part thereof 3n addit- 'on to the above named rates. Provided however, that for the nstallation of a desk telephone an additional charge of. of ass then six dollars 06.00) per year or fractional par hereof may be charged according to the kind and quality-of he instrument installed, in addition to the above rates. th. Each and every stipulation and agreement contained 3a this rdinanae to be eomplied_with by sai8 The West Palm Beach Tale-- hone Company, its successors and asslgns, is a condition xea- dent and essential to the continued exiatance of env rid1S~ rivilege or authority, by this ordinance granted sad aonfe~~ - ~ ed, and any non-compliance or aonAperformanoa by, or on the art of the said The West Palm Bea oh Telephone Company, its ucoessora and assigns, after reasonable notice in writir~ of uch non-compliance or non-performance, shall have been stirred by the Town Cdunc33~Sf the Town of Delray, Florida. npan the aid The Weat Palm Beach Telephone Company, its successors cad saigns, shall work a forfeiture of all rights, privileges sad uthority, by this ordinance granted and conferred. th. The West Palm Beach Telephone Company, its aucceaaore salt saigna, shall hold and keep the Towa of Delray, Florida tl~`1iA nd harmless from any and all damage to persons anS proper risi f i t ~ ng rom, or grow ng ou of, the exercise of the ri~ht rivilege and authority herein granted and conferred, and ~he eeeptaaee of this grant by The West Palm Beach Telephone G~OsI-- any shall be construed to be an agreement by it, its avoe~~b.. rs cad assigns, to pay to the Town of Delray, Florida, egally determined sum of money for damagge or iafury to r property occasioned by the West Palm Beach Telephone its agents, sueeesaors or assigns, and in order to itse- uch indemnification, s good and sufficient bond may ba red of the said the West Palm 8eaoh Telephone Compa~ and shall be for a anm not to exceed One Thousand Dollata si.. X1000.00 ), and shall be payable to the Town of Delray* !!3l-. th. All rights granted and conferred by this ordinance wre" ' ranted and conferred, and shall be exercided aubaect to all easonable and proper ordinances relating thereto, which bard ~~._ own of Delray, Florida, may see Pit at any time to adopt. Oth.The construction of the telephone system, by this ord3n•• ce~anthorized, shall be commenced within three (3) months om the time this ordinance goes iota effect, and unless the onstruetion thereof is began within the said three (3) moatl~a~,' ease-:.prevented by sickness or unavoidable teonreaa®, tlsa~n, ~ din that event, this grant of Franchise shall be snb~eot o forfeiture at the optic of the Town Cetmoil of said Tow~t of ~ elray, Florida, Provided owever, that the said The Webt Pa2to each Telephone Company shall not be expected, ox obl2gateQ~, b h® above to install its central office or erect and constrs~st. is lines or 3neta1l telephones throughout the said Town o! elray, Florida, until such time as at least thirty (3O} basKt ids aubscr;~bera are pledged to the said The Weat Palm Beach elephone Company to subscribe and pay for at least thirty (30) u elephonea for one year; but it shall have its line completed o the said Town of Delray, Florida and shall be ready .to fnr- ish telephone aervioe with and between the said Town of Del_ ~, sy, Florida and the City of west Palm Beach, Florida and inter ediate points, within eight (8) months from the date this rdinanee goes into effect. 1th.The right, privilege and authority, by this ordinance ranted to, and vested in The west Palm Beach Telephone s granted to and vested in the said The west Palm Beeo _ le- hone Company, its successors and easi ns for a " °" 6 periol"oi' wenty (EO) years from and after the date upon which this order ace becomes effective.. Sec;. 2. That the west Palm Beach Telephone Company, its nccessora and assigns, in consideration of thie grant and ranahise, shall furnish the said Town of Delray, B`3.erida, tear ~ icipal pur poses, during the period covered by this i"rati- hiss, three (3) telephones within exchange aervioe wi#ai~~ t own limits of said Town of Delray, Florida, the looatiox sr hieh is to be, one (1) in the Town Connell Chamber; ens {$} n the Town Fire Station when the same shall have bsen eb#sr'•M had, and one (1) in the white Public School bailding for the xcluaise use of the teachers, the same to b'e diaeennected wring the closed session of the school. ee. 3. That the Town oP Delray, Florida, gites an!! he right, privilege and authority hereinaet forth, he right, and requiring the said The tNest Palm Deaoh T one Company, its successors or assigns, as a oondiE~t ~.. dent to the taking effect of this grant, ~o ve and ~ to the said Town of Delray, Florida, the rig~~at and a,,' the expiration of the term of twee (EO) n ~ ~ mentioned, to purchase the telepho e agate a8 ~1~ a 1 ~9 property naod under,. or in connection with, the nigh## ~{ ile e and auth it b ` g or y, y this ordinance granted and Grp ~ , or such part of said property as said Town of De ~ ~ ' * ma desire to purchase within the limits of the sa 'Y~lt;~ ~ ' fd Delray, Florida, at a valuation of the property, real a personal., desired, which valuation shall be Piaed by at~iu. ration, in aeeordance with the prcvisiona of Chapter 48!'~° ~# k the Aats and Resolutions adopted by the Zegial~-ture ci' ~t " ~ ~ State of Florida Hader the Constitution of A. D. 18$x, ~ was approved June 2nd., A. D. 1889. ^ Sec. 4, That the west Palm Beach Telephone Comp she" within thirty-(30) days after the promulgation of ~, ante, file with the Iowa Clerk of the Town of Delray ids, its written acceptance, under its corporate sea~~ ~3'i~+Is ordinance, and all terms, provisions and eonditiena t~tsTli#~, and upon the failure to file the acceptance aforesal d '6lt~l , ordinance shall be null and void and of ao forese er a~t, Sec. b, That this ordinance shall be posted at the d .0! '' . the Town Hall and the Public Maxket Place in the said ~+~; Delray, Florida for four (4) consecutive weed, and shs21 'ale effect, and be in force from cad after the filing oP the ate ; . tance above provided for. S ec. 6, -That all ordinances, or parts of ordinances, NM sistent or in eenfliet with this ordlnance be, salt the ae.*e-~ hereby repealed. 3 Passed the 22nd. day oY April A. D. 1912. A Thos. Lt. ~igRae ( Seal ) President o~J.o~wn~.~owioi'1.. Approved`day of A. D. 197i~. µ ^. John S Sunds ( 3ea1 ) yoa6~r: C Attest AM. w. Blackmer ( Seal ) Town Clerk. Motion by Ald. Acton., seconded by Ald. Cason, that the lance granting a franohiae to the west Palm Beaoh Telep- Company be passed as amended,. Carried. Roll call; Pres. Mc$ae Yae. Ald. Acton Yae. Ald. Cason Yae. 61d. 4Paokerman Tae. Ald. wnepper. Yae. Carried unanimously. l J .;: Letter from H. P. McGinley, oonnerning the prplwsed dP~e1n. s in Atlantic Avenue., in front of Bloek 69, was read ~1. bfp tlon by Ald. Waokerman, seconded by Ald, Wuepper, a~ tJas'!~)! me was received and plsaed on file, •oposal of the Standard Lighting Company was laid baYo~ce t~ Feting. ~ved by bid. Cason that the Town enter into a goa~Es~aiet+~r Gas. Plant; providing a committee o~ three (SX. ~e ba •~ ~ted by the President, is able to get subscriptions Q•. ant to make a first payment of Four Hundred 3'lsllars ~~'~ i same; ea proposed by Mr. B111ott of the Staatlard ~~ , ~mpany. Seconded by Ald. Alton. 'Ball ca11 and th L~otmel~ ~ted as follows;. Pres. McRae ~o. A1d. dctoa Yae. Ald, Cason Yae, All, blackezman Yae. dld. w~epper Yae« tTare~i id President appointed A2,d, Gason, Ao~4a and Wusirpex ., ,,,,, ~mmittee. Moved that vre do now adjourn, seconded and oarrie Approved the 13th.. day 0 A.D. 291~"r j aea res en owe er~c: