Ordinance No. 40-60-2 v ' I •
ORDINANCE NO. 40-60-2
AN ORDINANCE AUTHORIZING THE SOUTHERN
BELL TELEPHONE AND TELEGRAPH COMPANY
TO USE THE PUBLIC STREETS OF THE CITY
OF ATLANTIC BEACH, FLORIDA, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING, MAIN-
TAINING AND OPERATING LINES OF TELEPHONE
AND TELEGRAPH THEREON AND THEREUNDER.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, as follows
SECTION 1. 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 operate 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 Atlantic
Beach, Florida, as its business may from time to time require,
provided that all poles shall be neat and symmetrical.
SECTION 2. The work of erecting poles and constructing
underground 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 Mayor 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.
Ordinance No. 40-60-2 - Page #
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SECTION 3. In consideration of the rights and privileges
herein granted, the Company, when requested by the City, will
designate and provide without cost to the City
�^(1) on each pole
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b
owned and used by the Company hereunder andits wnership and use
thereof, either (a) space for a fixture for, or (b) space for a
corssarm for, wires of the police and fire alarms signalling
system of the City, and (2) in each underground conduit owned and
used by the Company hereunder and during its ownership and use
thereof, one duct for the cables of the police and fire alarm
signalling system of the City; provided, however, that no use shall
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 s'-rvice, or which will endanger,
damage or injure the person or property of the pur'_ic or employees
of the Company or City.
SECTION 4. The Company shall pay to the City annually a
sum equal to one percent (1%) of the gross receipts of the Company
from rentals derived from telephones in use within the corporate
limits of the City. Payment shall be made to the City for each of
the years that this ordinance is in effect and shall be based on the
receipts of the Company for the preceding fiscal year. For the
purposes of this payment, such fiscal year shall end on the last
d,y of the month in which the ordinance becomes effective. Payment
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shall be made within six (6) months of the end of such fiscal year.
SECTION 5. The Company shall indemnify the City against,
and assume all liabilities for, damages which may arise or accrue to
the City for any injury to persons or property from the doing of any
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 of this
ordinance shall be an agreement by it to pay to the City any sum.
of money for which the City may become liable from or by reason of
such injury.
SECTION 6. 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.
SECTION 7. Nothing in this ordinance shall be construed as
a surrender by the City of its right or power to pass ordinances
regulating the use of its streets.
SECTION 8. This ordinance shall be in force and effect for
a term of four (4) years from and after its effective date and the
City hereby reserves the right and requires the said Company, as a
condition precedent to the taking effect of this grant, to give and
grant to the City of Atlantic 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
Ordinance No. 40-60-2 - Page
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connection with this grant, or such part of such property as the
municipality may desire to purchase at a valuation of the property,
real and personal, desired, which valuation shall be fixed by
arbitration, as may be provided by law; and the acceptance of this
ordinance shall operate as a grant by the said Company to the City
of said right to purchase.
SECTION 9. This ordinance shall be in full force and
effect from and after the date of its passage.
Passed on first reading on the 25th day of April, 1960.
Passed on second and final reading on the 9th day of
May, 1960.
* * * * *
Approved:
//0/
Mayor-Commissioner
I, Adele S. Grage, City Clerk of the City of Atlantic
Beach, Florida, hereby certify that the above is a true and correct
copy of an ordinance passed by the City Commission of the City of
Atlantic Beach, Florida on first reading on the 25th day of April,
1960, and thereafter said ordinance, together with notice of public
hearing, was posted at the City Hall.
I further certify the said ordinance was passed on second
and final reading by said City Commission on the 9th day of May,
1960 and again posted at the City Hall.
I further certify that said ordinance is recorded in
Ordinance Book as number( 40-60-2.
S.
City Clerk
(CITY SEAL)