HomeMy WebLinkAboutOrdinance No. 04-19961
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ORDINANCE NO. 04-96
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING ARTICLE IV,
TELEPHONE, OF APPENDIX A, FRANCHISES, ADOPTED
IN ORDINANCE NO. 24-95, BY AMENDING SECTION 4,
COMPANY LIABILITY; INDEMNIFICATION; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, as follows:
SECTION 1. Appendix A, Franchises, Article 1V, Telephone, is amended in that
Section 4, COMPANY LIABILITY; INDEMNIFICATION, is repealed in its entirety, and the
following is adopted in lieu thereof:
SECTION 4. COMPANY LIABILITY; INDEMNIFICATION.
The Company shall indemnify the City against, hold the City and
its officers, agents and employees harmless from, and assume all
liabilities for damages, judgments, and claims, including costs and
reasonable attorney's fees, which may arise or accrue to the City
for injury to persons or property from the doing of any work
herein authorized, or which may arise in any way from the neglect
of the Company or any of its employees to comply with any
ordinance regulating the use of the streets or rights of way of the
City. The acceptance by the Company of this Ordinance shall be
an agreement by it to pay the City any sums of money for which
the City may become liable by reason of such injury or damage.
SECTION 2. SEVERABILITY.If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
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City of Cape Canaveral, Florida
Ordinance No. 04 -96
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this st day
of May, 1996.
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APPROVED AS TO FORM:
/ � . i
IF. Porter, MAYOR
NAME FOR AGAINST
BRUNS x
NICHOLAS X
PETSOS ABSENT
PORTER X
RANDELS
ABSENT
® BELLSOUTH
BellSouth Telecommunications.Inc. 404 529.2550 Jere A.Drummond
Suite 4500 President and Chief Executive Officer
675 West Peachtree Street
Atlanta,Georgia 30375
TO THE CITY CLERK
CITY OF CAPE CANAVERAL, FLORIDA
Pursuant to Section 9 of Ordinance No. 24-95 adopted by the City
of Cape Canaveral, Florida on the 19th of September, 1995,
entitled:
"AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING ARTICLE IV, TELEPHONE, OF APPENDIX A,
FRANCHISES, BY GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. , ITS SUCCESSORS AND ASSIGNS, PERMISSION AND THE RIGHT
TO USE THE PUBLIC ROADS, STREETS, HIGHWAYS, AND RIGHTS OF
WAY OF THE CITY TO OPERATE AND MAINTAIN A TELECOMMUNICATIONS
SYSTEM IN THE CITY; SETTING FORTH CONDITIONS AND OBLIGATIONS
ACCOMPANYING THE GRANT OF SUCH PERMISSION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. "
As amended by Ordinance No. 04-96 adopted by the City of Cape
Canaveral, Florida on the 21st of May, 1996, entitled:
"AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING ARTICLE IV, TELEPHONE, OF APPENDIX A,
FRANCHISES, ADOPTED IN ORDINANCE 24-95, BY AMENDING
SECTION 4 , COMPANY LIABILITY INDEMNIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. "
BellSouth Telecommunications, Inc. , formerly Southern Bell
Telephone and Telegraph Company, hereby files with the City of
Cape Canaveral, Florida, its acce• -nce of said ordinance as
amended.
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PRESIDENT AND CHIEF EXECUTIVE OFFICER
EXECUTED THIS THE 24TH DAY OF JUNE, 1996
The original of the foregoing
acceptance filed with me this
the /90( day of , 1996.
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a_
Ci yerk of the
City of Cape Canaveral , Florida