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HomeMy Public PortalAboutORD 71/04Uk:3IIv.:taCl NO. 71-4 AN OIRRDINANCE Authorizuig the Souther Bell Telephone and Telegraph Company to use the public streets of the Town of....._...G if Stream, „,,,- _...._ ........ Florida, for the purpose of erecting, constructing, maintaining and operating lines of telephone and telegraph thereon and thereunder. SECTION 1. Be it ordained by tile ........... -- COIT]ITil S S lOTI _ _ _ _of the....._TOWri Of Gulf Stream . .. ,, Florida, 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... T�� !?T?.._........of....._..._Gulf Stream ...........------ ....--- - -.... 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 underground conduits under this ordinance shall be done subject to t11e supervision of the ...... .... T............... 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 days' notice in writing shall have been given by the Mayor of the....._..TOWn ................ _ .to the Company, the....._T� -.._.._-._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 shall pay to the 101M annually a sum eciaal to one per cent (1 ,°'o) of the gross receipts of the Company from rentals derived from telephones in use within the corporate limits of the ....._.._ Toti?n_...._...._.....1 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 benefits, such as sidewalks, street pavings and similar improvements) levied or imposed by the City upon the Company's property, business or operations and paid during the preceding fiscal year as defined herein. Payment shall be made to the .......... ToW?� .................... 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. Payment shall be made within six (6) months of the end of such fiscal year. SECTION 4. The Company shall indemnify the ....__TOWri _ against, and assume all liabilities for, damages which may arise or accrue to the .._ Town ._ ...... _ ..... 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 regu- lating the use of the streets of the....._ 19 ............ and the acceptance by the Company of this ordinance shall be an agreement by it to pay to the ....To ....... any sum of money for which the ......._T� ................... may become liable from or by reason of such injury. SECTION 5. The Company shall file with the....._.Twn..._.....Clerk of the .......T?............ its acceptance of this ordinance within sixty days from the date of its passage . SECTION 6. Nothing in this ordinance shall be construed as a surrender by the ....._._ToWn........... of its right or power to pass ordinances regulating the use of its streets. April 6, 1972SECTION 7. This ordinance shall be in force and effect for a tern of thirty (30) years from and after IU MA and the 12 .......... reserves the right and requires the said Company, as a condition precedent to the taking effect of this grant, to give and grant to the_._IpNO ?-...._...._. of.....__Gulf_- _Stream........... Florida, the right, at and after the expiration of such term, to purchase the telephone and telegraph plant or other property in said ....._.. Town .._......._.._ ----- used under or in connection with this grant, or such part of such prop- erty as the municipality 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..... T I, RnBrRT D. T?nR174TYG , Town Clerk for the Town of Gu1t Stream, Florida, ere y certi y that the above is a true and correct copy of an ordinance read in full and passed for the first time at a meeting of the Town Commission held on the tenth day of December 1971, and finally passed by a majority vote o��Commission at a regular meeting held on the 11th day of February , 11MII, 1972. I further certify that after the first reading a copy of the said ordinance was posted at the Town Hall for a period of five (5) days j6!�x��,���;'.� in the Town, and that after the final passage, a copy of said ordi- nance was again posted at the front door of the Town HallpAt&/P4M4MYe I further certify that said ordinance was recorded.in Ordinance Book 2 at page 6 , (r arTe 5 ) Dep. Town C er [TOWN SEAL)