HomeMy Public PortalAbout0361ORDINANCE NO. 361 ►
AN ORDINANCE
GRANTING A TELEPHONE FRANCHISE TO THE
SOUTHEASTERN TELEPHONE COMPANY, A CORPORA-
TION, ITS SUCCESSORS AND ASSIGNS, TO USE
THE PUBLIC STREETS, LANES, ALLEYS, AND
OTHER PUBLIC PLACES, o , THE CITY of
CRESTVIEW, FLORIDA,, FOR A PERIOD OF THIRTY
(30) YEARS FROM THE EFFECTIVE -DATR5 HEREOF
FOR THE PURPOSE OF ERECTING, A IN V$ , a
AND OPERATING Lans OF A TELEPHONETELEPHONESTSTEN
THEREON AND i THEREUNDER
}
BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF
CRESTVIEW, FLORIDA:
SECTION 1. That authority be, and the same hereby is
ranted to the Southeastern Telephone Company, a corporation,
its successors and assigns, to erect, construct, operate
and maintain lines of a telephone system including the necessary
posts, poles, conduits, cables, fixtures, electrical conductors
and associated equipment upon, along, over and under, In and
through the public streets, sidewalks, lanes, alleys, highways,
and other public places, of the City of Crestview, Oa1oosa,
County, Florida, as now existing or as hereafter extended,, as
itsbusiness may from tIme to time quire, an to use jointly
or otherwise, the px'opez'ty of other companies and permit other
'companies to use its property under such arrangements as the
two coa�panle s may agree.
�Y 4
SECTION The work of erecting poles and constructing
uhdergro d. conduits under this, ordinance shall be done subject
to the su �` ervis .on of the City of Crestview, and Ole Company
shall replace or properly relay and repair any sidewalk orr 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 to the Company, the
City may repair such portion of the s ,dewalk or street that t may
have been disturbed by the Company and collect the Cost so
incurred, from the Co any .
SECTION 3. In consideration of the rights and privile ee
herein 'granted, the Company, when so requested by the City and
J Y 3
tout charge to the City0 shah provide on each pole now
existing or hereafter erected, bracket or pirl space for the
rtttaounen " thereon ; the City of the necessary wires of its
fire and police aispa1iina sywte j provided, no use shall b
made by the City or paid space on such poles which will
result in interference with or impairment of the operation
or use or the Company's property or service or which teal
endaufers lose or injure the person or property of i the
pubito or employees of the City oil Company,
4EcTum 4, , In further consideration of the rights and
pz .v 1agea herein granted, the Company, at its own cost and
expense, shall, when so requested by the City, install and
maintain two telephones, free of exchange rents, during the
life of this Ordinance, for the official use and, benefit of
the City of Crestview, the location of said telephones, however,
shall a ways be within the Ba"e Rate Area of the Crestview
Exchange of the Company.
SECTION 5. The Company shall indemn . y the City against,
and assume all liability for damages which may arise or accrue
to the City for any injury to persona or property from the
doini of any work harm authorised, or the negle e p of the
Company or any of its imp1oye s to comply with and ordinance
regu1at.na the use of the public streets and other public, places
of the City of Crestview, Florida,
SECTION 6, The Company shall at all times hereunder be
subject to the City ordinances now in existence or which may
hereafter be approved relative to the use of the public streets
and other public places of the said City of Crestview, and
nothing herein shall be construed to prevent the City of
Cregutview and its proper authorities from sewe r in ,, guttertng,
widening and otherwise improving its streets, avenues, drive$, alleys and ai ewalks ana for that purpose to require the Company,
at its own expense, to relocate its poles, wires and aonneo tions
t� conform thereto and facilitate the same.
SECTION 7. This ordinance shall be In full face and
effect for a term of thirty (30) years from and after its -
effective � " �► Cam' � t� �"' � z,�� � �r an
+..�,
effective late, and the City hem s v r _ rv�s thy. M
required thQ said Company, as a condition precedent to the
taking effect of rant , , t o give fl.:; c,eLnt to the City
of Crestview, Florida, the xfight, at ana after the expiration
of such term to purchase the telephone plant or other property
in said City user under or . connection with thin grat at a
valuation of the property, real and persdAal, which valuation
shall be fixed by arbitration, as may be provided by law; and
the acceptance of this ordinance shall operate as a grant y
the said Company
o the said City of said right to purchase.
SECTION 8. The Company shall file with the City Clerk of
the City of Crestview, F)ozida its acceptance of this ordinance
within sixty (60) days from its effective date.
SECTION 9 • That during hise, rights
and privileges hereby � � ��na
granted,and so long as the p.a
of said franchise are complied with, the City of Crestview
Ylorida, will not rant permission to any other person,
or corporation
to do a local telephone business
limits Of said City.
SECTDN 10. This Ordinance shall be in full force and
time it is passed by the Council,
���`�� �� and after the
signed by the President attested by approved the Clerk and
by the Mayor,
FURTHERSECTION 11. BE IT ORDERED that all ordinances and
arts t�� �rdlnances in
conflict herewith be and the saw
p e are
her �b repeal .
Passed and adopted the a2 day of
p
ATTE T:
(City corporate seal)
5 de
e wane
APPROVED July 27,
.irh+r
, 1954.