HomeMy WebLinkAboutOrdinance No. None-1965 ----- ._
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AN ORDINANCE
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Authorizing the Southern Bell Telephone and Telegraph Company to use the public streets.of the City
Cape_ Canaveral -
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of Florida, for the purpose of erectirig, constructing, maintaining and 1
. operating lines of telephone and telegraph thereon and thereunder.
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Council
Cl.ty of -
' SECTION 1. Be it ordained by the Cityof' the.
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Cape Canaveral
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,'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, ..v
. ..•,--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. •
SECTION 2. The work of erecting poles and constructingunderground conduits-under this ordinance 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 may be displaced by reason of such work, and upon faiArg of the Company so
to do, after twenty days' notice in writing shall have been given by the Mayor of the. L-'1.bY• 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.
„k...crioN 3. In consideration of the rights and privileges herein granted, the Company shall pay to the
....._.!,-!.......9.r..____annually a_sum equal to one per cent (1%) of the gross receipts of the Company, from rentals
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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 yduring
the preceding fiscal year. Payment shall be made to the City 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 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 ordinance shall be
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an agreement by it to-
pay\to the City..•• any sum of money for which the... Cif" _may become liable
from or by reason of such injury. .
SECTION 5. jg;_ •, pany shall file with the City Clerk of the. Cit7 its acceptance of this
ordinance within' .•ys from the date when it shall take effect.
SECTION 6. Nothing in this ordinance shall be construed as a surrender by the of its right or
power to pass ordinances regulating the use of its streets.
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SECTION 7. This ordinance shall be in force and effect for a term of thirty (30) years from and after its
passage, and the CifY_ 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-Cif.7 ...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 ordinance shall .
operate as a grant by the said Company to the Cit.".•• of said right to purchase.
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Approved as to Form and Approved: •
Legality: - , . , • _
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A
, i. ty .Attorney- . Mayo
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1,0---0_ 1 , City Clerk of the City of Cape Canaveral,
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Florida, hereby certify that the above is a true and correct copy of an ordinance
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as finally passed on the‘,2eld day of (21,—... -- . , 194L—Tat a meeting Of the
City Council of the City of Cape Canaveral, Florida, and recorded in Ordinance
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Book _____ page. . I further certify that said ordinance follbwing first •
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reading on the ,, 6 _ ,,-day O y„.0194E:Was publicly posted the City
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Hall, together with a. Notice of the City•Council meeting when it was to be given •
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a public. hearing•and be considered for` ,final-'passage said posting being for.. '
period of at least five 0)..days prior to the time ;of said public hearing'.'and.
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final. passage,. 'and that,.,at a,meeting of 'thesaid City Council` held on` the
.� day of , „ � • ,. 196_5 said ordinance was read in full given
. • a public hearing 'and was finally passed .by said CityCouncil..
;1 further :certify.- that following'final passage said ordinance;
after final :passage, was published .by `posting',a copy thereof on the bulletin;
board, at the City.:Hall•.for a-period of ten (10) days:
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