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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.