HomeMy WebLinkAboutCode Master Project 1978: Chapter 413: Telephone Service (No Change)CHAP 413
Sec. 413.01 TELEPHONE AND TELEGRAPH FRANCHISE GRANTED.
Be it ordained by the City Council of the City of
Canaveral, 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 City of Cape Canaveral,
Florida, as its business may from time to time require, provided that all poles shall be neat and symmetrical. [Ord. [crossed out] §1, 3 AUG. 1965]
Sec. 413.02 REGULATION OF FACILITIES.
The work of erecting poles and constructing underground conduits under this FRANCHISE 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 amy 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 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. [Ord., §2, 3 AUG 1965]
Sec. 413.03 FRANCHISE FEE ASSESSED.
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 any occupational license tax paid to the City during
the preceding fiscal year. Payment shall be made to the City for each of the years that this FRANCHISE
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 AUGUST, 1963.
Payment shall be made within six (6) months of the end of such fiscal year. [Ord. ,§3 AUG. 1965]
Sec. 413.04 LIABILITY.
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 regu-
lating the use of the streets of the City, and the acceptance by the Company of this FRANCHISE 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. [Ord., §4, 3 Aug. 1965]
Sec. 413.05 ACCEPTANCE BY COMPANY.
The Company shall file with the City Clerk of the City of its right or
within ninety days from August 3, 1965. [Ord. §5, 3 AUG 1965]
Sec. 413.06 ADDITIONAL CITY POWERS.
Nothing in this FRANCHISE shall be construed as a surrended by the City of its right or
power to pass ordinances regulating the use of its streets. [Ord. §6, 3 AUG. 1965]
Sec. 413.07 TERM; SYSTEM PURCHASE BY CITY RESERVED.
This FRANCHISE shall be in force and effect for a term of thirty (3) 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 effect of this grant, to give and grant to the City of Cape Canaveral,
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 pro-
perty 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 FRANCHISE shall
operate as a grant by the said Company to the City of said right to purchase. [Ord. §7, 3 AUG. 1965]
00029 47
[this entire page is scribbled out]