Ordinance No. 40-64-4 v ORDINANCE 40-64-4
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.
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 of its final passage.
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 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 on and after May 9, 1964.
Passed on first reading on the 23rd day of March
1964.
Passed on second and final reading on the 4th day of
Mav 1964..
Approxed:
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Mayor-C issioner
I, Adele S. Gracie City Clerk of the City of
Atlantic Beach, Florida, hereby certifiy 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
-23rd day of -March , 1964, 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 4th day
of May , 1964 and again posted at the City Hall.
I further certify that said ordinance is on record
in the City Hall of said City of Atlantic Beach, Flor _•a.
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(Seal) City Clerk
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