Ordinance No. 40-63-3 v _ ?� .
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ORDINANCE NO. 40-63-3 Q /
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.
SECTION 3. In consideration of the rights and privileges
herein granted, the Company, when requested by the City, will desig-
nate and provide without cost to the City (1) on each pole owned
and used by the Company hereunder and during its ownership and use
thereof, either (a) space for a fixture for, or (b) space for a
crossarm for, wires of the police and fire alarm 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 service, or which will endanger,
damage or injure the person or property of the public or employees
of the Company or City.
Ordinance No. 49-63-3 - Page #2
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SECTION 4. The Company shall pay to the City annually
a sum equal to one per cent (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 day of the month in which the Ordinance becomes
effective. Payment 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 thirty (30) 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 connection with this grant, orsuch 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. Before this Ordinance shall become effective,
it shall be the duty of the City Commission of the City of Atlantic
Beach, Florida to call an election within said City which said
Ordinance N o. 40-63-3 - Page #3
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Election shall be called and held on the 1st day of October,
1963 . Notice of the holding of said election shall be given in
The Beach News , a newspaper of general circulation in said City,
once a week for four consecutive weeks immediately preceding the
date fixed for said election, which notice shall contain said
Ordinance. In said election so called and held, the ballots to
be used shall be prepared by the City Commission, and shall be
substantially in the following form:
REFERENDUM ELECTION
ATLANTIC BEACH, FLORIDA
, 19
An Ordinance Authorizing the Southern Bell Tele-
phone 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.
For the Ordinance •
Against the Ordinance
Only the duly qualified electors residing in said City who are
freeholders shall be permitted to vote in said election for the
approval or disapproval of said Ordinance. If a majority of the
qualified electors who are freeholders residing in said City
shall participate in said election and vote for the approval or
disapproval of said Ordinance and if a majority of the electors
so qualified to vote and voting in said election vote for the
approval of said Ordinance, then such Ordinance shall become
effective from and after the date of said election, or otherwise
it shall not become effective. The results of said election shall
be duly certified to the said City Commission.
SECTION 10. This Ordinance shall be in full force and
effect upon its passage and upon its publication as provided by
law and upon its subsequent approval by a majority of the quali-
fied electors, who are freeholders residing in said City at the
election provided for herein.
Passed on first reading on August 12, 1963.
Passed on second and final reading on August 26, 1963 .
/'��` Attest:
(it/ Q,d m,11 • / : Cit )Yur
(137-L,e
, Ced
9r2„46e,c,Adele S. Grage, City Clerk
• Ordinance No. 40-63-3 - Page #
•
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I, , City Clerk of the
City of Aclantic 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 12th day of August, 1963, 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
day of , 1963, and again posted at the City Hall .
(SEAL) Adele S. Grage, City Clerk
• e
• ,
mosolouslipo. 63-19
WH , an ordinance entitled
"AN COY CSS authorising 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, maintaining and operating
limos of telephone and telegraph thereon and
thereunder. "
was adopted by the City Cammission on August 26. 1963, and
the saa/Q to be submitted to the electors of said City for
theirroval or disapprroval, at an election to be held on
the lit dar of October, 1963, and
WtaUi`i, the said election has been duly held in accordance
with law on said date, and the votes cast thereat have, by
the inspectors and clerks appointed to conduct said election,
been read, delivered and Oaatiwassed, and the returns of said
election have been deliveled to said Commission for the pur-
pose of canvassing said action returns and determining and
certifying the result thereof'
NOW THSREFORE, be it resolved, determined, found, declared
and hereby certified by the City Commission of the City of
Atlantic Beach, Florida, at a Meting of such Commission
duly and regularly held, at Which said official returns of
said election have been duly and regularly canvassed according
to law ars follows, that;
1. The total number oflified electors
�tla (freeholders) was 1/80
1. The number of ballots oast for approval was y6. 0
3. The number of ballots cast Against approval was
4. The number of unmarked ballots was /
S. The total number of ballots cast was 53
6. The number of ballots voided was 6
� .s Resolution No. 63-19 - Page #2
7.
That a majority of the ballots cast in said election
were in favor of the approval of said Ordinance , but
a majority of the qualified Freeholders did not cast
ballots in said elections therefore, the Ordinance
is not approved and is not in force or effect.
* * * * * * * * * * * *
Passed by the City Commission on October 1st, 1963.
Attests
Adele F. drage, City Clerk
OPP
(SEAL)
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