HomeMy WebLinkAboutCity of Tamarac Ordinance O-1970-004I]
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ORDINANCE NO. 70 -
AN ORDINANCE AUTHORIZING THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE
PUBLIC STREETS UNDER CERTAIN TERMS AND
CONDITIONS; PROVIDING A SAVINGS CLAUSE;
REPEALING ALL ORDINANCES IN CONFLICT; AND
FOR OTHER PURPOSES.
WHEREAS, the Council of the City of Tamarac has
been requested by Southern Bell Telephone and Telegraph
Company to authorize the use of public streets in the City
of Tamarac for the purpose of erecting, constructing, main-
taining and operating lines of telephone and telegraph
thereon and thereunder, and the Council deems it wise and
expedient to award said franchise under certain terms and
conditions; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
. TAMARAC, 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 Tamarac, 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 con-
structing 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 displaced by reason of such work, and upon
failure of the Company so to do, after twenty (20) 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. 70 - (Continued) - 2 -
SECTION 3: In consideration of the rights and
privileges herein granted, 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, provided
that there shall be credited against such sum the amount of
all taxes, licenses, fees and other impositions (except ad
valorem taxes and amounts for assessments for special bene-
fits, such as sidewalks, street pavings and similar improve-
ments) levied or imposed by the City upon the Company's
property, business or operations and paid during the pre-
ceding fiscal year as defined herein. 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. Payments shall be made
within six (6) months of the end of such fiscal year.
SECTION 4: 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 5: The Company shall file with the City
Clerk of the City its acceptance of this ordinance within
sixty (60) days from the date when it shall take effect.
SECTION 6: 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 7: 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, as a condition precedent to the taking
• ORDINANCE N0. 70 - (Continued)
- 3 -
effect of this grant, to give and grant to the City of
Tamarac, 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 valua-
tion 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 $: The permission granted by this
ordinance shall not be leased, assigned, or otherwise alien-
ated, except with the consent of the Council expressed by
ordinance.
SECTION 9: In consideration for the execution
of this Agreement, the Company agrees that if, at any time
in the future, compensation paid to any City exceeds the
sum of one per cent (1%) as defined in paragraph number
3 above, the City of Tamarac shall receive said additional
amount the same as if the additional amount were originally
inserted in Section 3 on the day the franchise became
effective. Said additional amount shall be due and owing
to the City on the same day that an amount higher than one
per cent (1%) is paid to some other city.
SECTION 10: Should any section or provision of
this ordinance or any portion thereof, or any paragraph,
sentence or word be declared by a court of competent juris-
diction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or any part
hereof, other than the part declared to be invalid.
SECTION 11: All ordinances or parts of ordin-
ances in conflict herewith be and the same are hereby
repealed.
PASSED FIRST, SECOND AND THIRD READINGS this
2nd day of February, A.D., 1970.
ATTEST_: �9"Vk'k
MAYO
City Clerk
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY
HURT BUILDING ATLANTA,GEORGIA 30303
AREA CODE 404
J. S. STONE 529-8611
VICE PRESIDENT
TO THE CITY CLERK OF THE
CITY OF TAMARAC, FLORIDA:
Pursuant to Section 5 of an ordinance adopted by the Council
of the City of Tamarac, Florida, on the 17th day of March, 1970, entitled:
"AN ORDINANCE Authorizing the Southern Bell Telephone and
Telegraph Company to use the public streets of the City of
Tamarac, Florida, for the purpose of erecting, constructing,
maintaining and operating lines of telephone and telegraph
thereon and thereunder.";
the Southern Bell Telephone and Telegraph Company hereby files with the
said City of Tamarac, Florida, its acceptance of said ordinance.
EXECUTED this the 20th day of April, 1970.
SOUTHERNqELEPHONE AND TELEGRAPH COMPANY
e Presx, ent