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HomeMy WebLinkAboutO-1959-405 ORDINANCE NO. / ' ORDINANCE AUTHORIZING 'IHE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF DANIA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH THEREON AND THEREUNDER. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: 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 Dania, 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 under- ground conduits under this ordinance shall be done subject to the super- vision of the City, and the Company shall replace or properly relay and repair any sidewalk or street that may be displaced by reason of such .a 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 designate and provide without cost to the City (1) on each pole owned and i 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 i I i i 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 sum equal to one per cent (1%) of the gross receipts of the Companyually a P P Company from rentals derived from telephones in use Idthin the corporate limits of the City, Payments to the City for each of the years that this ordinance is in effect shall be made on or before the first day of March of that year, based on the receipts for the preceding fiscal year of the Company, the first of such annual payments to be made on or before March 1, 19 6!J based on the receipts for the preceding fiscal year of the ComPan Y ' Section 5. y shall indemnify the City against, assume all liabilities for, damages which may arise or accrue to the City for any injury to persons or Property from the doing of an P P y g . herein authorized, or the neglect of the CompanyY work or any of its employees to comply with any ordinance reg ulating 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 d 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 j when it shall take effect. i i i i r L� 9 ANUML a 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 passage, and the City hereby reserves the right and requires the said Company, a s a condition precedent to the taking effect of this grant, to give and grant to the City of Dania, 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 muni- cipality 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. PASSED AND ADOPTED on First Reading this 7th day of December, A. D. 1959. PASSED AND ADOPTED on Second and Third Reading this 21st day of December, A. D. 1959. , 'Mayo • - Commissioner Attest: CiW Clerk and Auditor 1 . i I ' i i I 1 L� I, Mary Thornhill, City Auditor and Clerk of the City of Dania, Florida, hereby certify that the above is a true and correct copy of an ordinance which was, after public notice and public hearing, passed on first reading on the 7th day of December, 1959, and passed on second i and third and final reading on the 21st day of December, 1959, at meet- ings of the City Commission of the City of Dania, Florida, and recorded in Ordinance Book on page, - and that at least four commissioners voted in favor of passage on each reading. I further certify that said ordinance after its passage was published for i a period of four weeks, as required by law, by being posted at the City Hall and public market place, or by being published in Cj/-'J i a newspaper in said City. City�City AA itor and Clerk Clerk '.� (CITY SEAL) i i i i j � I f I i 3 i I, Mary Thornhill, City Auditor and Clerk of the City of Dania, Florida, hereby certify that the above is a true and correct copy of an ordinance which was, by unanimous consent of all (four) (five) Commissioners present, and after public notice and public hearing, i 1 introduced and read the first time, read by title only the second and third times and finally passed at a regular meeting of the City Commission of the City of Dania, Florida, and recorded in Ordinance Book on I further certify that said ordinance after its passage i was published for a period of four weeks, as required by law, by being posted at the City Hall and Public market place or by peing published in a newspaper in said City. i i City Atiditor and Clerk a (CITY SEAL) • j I I 3 7 1 I Y I SOUTHERN BELLTELEPHONE AND TELEGRAPH COMPANY I HURT BUILDING ATLANTA,GEORGIA MURRAY 5-8600 J. S.STONE VICE PRE5I PENT I I TO THE (,TTY C T'- OF THE CITY OF DANTA, FLORT!)A' i Pursuant to Section 6 of Ordinance No. 405 adopted by the City Commission of the City of Dania, j Florida , on the 21st day of December, 1959, entitled; "ORDTNAW-E AITTHORTZTNG THE SOULHF.RN RFT,T. TFTT'PHONE AND TF TEGRAPH COMPANY TO USF THE PIIBT,TC STREETS OF THE CTFY OF DANTA, FLORTD.A, FOR THE PURPOSF OF ERECTING, CUP!.STRUCTInr, nggTnn'pTNTW3 AND OPERATTn1G G LINES OF TE_TrPHONE AND TET ..GRAPH THEREON AND THEPF- i UNDF R.11 ; the Southern Bell Telephone =.nd Telegraph Company hereby files with the said C,' ty of Dania, Florida, its acceptance of said ordinance . EXECUTED this the loth day of February, 1960. SOUTHERN BELL TF.TEPHONF AND TF TEGRAPH COP/PANY d F _ �J /7. e d y� i v i i I i