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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1970-004I] • 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