Ordinance No. 40-65-5 v LORDINANCE NO. 40-65-5 • . .11. ‘'-I
,p)
AN ORDINANCE AUTHORIZING THE SOUTHERN
BELL TELEPHONE AND TELEGRAPH COMPANY
1110 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 I. 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 II. The work of erecting poles and constructing
underground conduits under this ordinance shall be done
subject to the supervision of the City, the City reserving
the right to approve and/or designate the location of any
new underground conduits and pole lines, and the Company
shall replace or properly relay and repair any sidewalk or
street or utility (water or sewer) lines 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 or
utility line that may have been disturbed by the Company,
and collect the cost so incurred from the Company.
SECTION III. 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 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. 40-65-$ Page #2
SECTION IV. The Company shall pay to the City annually
a sum equal to one per cent (190 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 V. 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 VI . 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, and such
acceptance shall terminate the franchise granted to them
by Ordinance No. 40-64-4 of said City.
SECTION VII . 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 VIII . 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, or such part of such property as the munici-
pality 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.
i
Ordinance No. 40-65- 6 Page #3
SECTION IX. 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 Election shall be called and held on the
5th day of October, 1965. Notice of the holding of said
election shall be given in e_ 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.
y. .
ti '
Ordinance No. 40-65-5 Page #4
SECTION X. 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
qualified electors, who are freeholders residing in said
City at the election provided for herein.
* * *
Passed by the City Commission on first reading on August 9th,
1965.
Pa sed by the City Commission on second and final reading on
,w .7 3I L 1965 .
Attest:
1
(ic ?.6.& S h r -_ ,C___
(SEAL) Adele S. Grage, City Cl.%
* * *
I, P 2 . , City Clerk
of the City of Atlantic Beach, Flo Alda, hereby certify that
the above is a true and correct co, of an ordinance passed
by the City Commission of the City of Atlantic Beach, Florida
on first reading on the 9th day of August, 1965, and there-
after said ordinance together with notice of public hearing
was posted at the City Hall.
I further certify the said ordinance was passed on
second a d final reading by said City Commission on the... 14.41
day of ,z,114-- , 1965, and again posted at the City
Hall.
I further certify that said ordinance is recorded an
Ordinance No. 40-65- ,67r.
___0.d2,4P_,c_ Sibt-74_
City Clerk
(SEAL)
- .
eas Ts To cerstify 1f th 'Srrrl orITnanne
was posted a"( 4— • •.; following its final:
passage on -
Adele S. Grage City clerk
RESOLUTION NO. 65-30
WHEREAS, Ordinance #40-65-5 entitled
"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, maintaining and operating
lines of telephone and telegraph thereon and there-
under. "
was adopted by the City Commission on August 23, 1965, and the
same to be submitted to the electors of said City for their
approval or disapproval, at an election to be held on the 5th
day of October, 1965, and
WHEREAS, 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 canvassed, and the returns of said elec-
tion have been delivered to said Commission for the purpose of
canvassing said election returns and determining and certify-
ing the result thereof;
NOW THEREFORE, be it resolved, determined, found, declared and
hereby certified by the City Commission of the City of Atlantic
Beach, Florida, at a meeting of such Commission duly and
regularly held, at which said official returns of said elec-
tion have been duly and regularly canvassed according to law
as follows, that:
1. The total number of qualified electors (freeholders)
was 1134
2. The number of ballots cast for approval was - - - 536
3. The number of ballots cast Against approval was - 71
4. The number of unmarked ballots was 0
5. The total number of ballots cast was 607
6. The number of ballots voided was (Absentee) 1
2 . Resolution No. 65-30
That a majority of the ballots cast in said election were
in favor of the approval of said Ordinance; therefore, the
Ordinance is approved and is in force and effect.
* * * * *
Passed by the City Commission on October 5th, 1965.
Attest:
Adele S. Grage, City Cle