128ORDINANCE NO. 128
AN ORDINANCE AUTHORIZING THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE THE
PUBLIC STREETS OF THE CITY OF EDGEWATER,
FLORIDA, FCR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING
LINES OF TELEPHONE AND TELEGRAPH THEREON'
AND THEREUNDER.
SECTION 1. Peat enacted by the People of the City �Ef!
of Edgewater, Florida, that permission be and the same is Y��YII
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 Edgewater, 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 the supervision of the City, and the Company shall replace or
properly relay and repair any sidewalk or streets that may be dis-
placed 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.
SECTION 3. In consideration of the rights and privi-
leges herein granted, the Company, when requested by the City,
will designate and provide without cost to the City (1) on each
pole owned and used by the Company hereunder and during its owner-
ship and use thereof, either (a) space for a fixture for, or (b)
space for a crossarm for, wires of the police and fire alarm sig-
nalling system of the city, and (2) in each underground conduit
owned and used by the Company hereunder and during its ownership
and use thereof, one duct for the cables of the police and fire
alarm signalling system of the City; provided, however, that no
use shall be made by the City of said space on such poles or of
said duct which will result in interfering with or impairing
the operation or use of the Company's property or service, or
which will endanger, damage or injure the person or property of
the public or employees of the Company or City; and further,
in consideration of the rights and privileges herein granted, the
Company, when requested, will furnish to the City for the use of
its officials and employees on municipal business, two (2) busi-
ness individual line telephones to be located within the City at
a place to be designated by the City, with local exchange service
including mileage charges therefrom and thereover within the City,
without charge to the City; and such additional telephones with
local exchange service including mileage charges therefrom and
thereover, as the City may require, at a discount of 33 113 from
its regular schedule of rates, all of such telephones to be
located within the City, at places to be designated by the City;
provided, however, that the telephones and service above mentioned
are to be furnished under and subject to the usual rules and
regulations of the Company, including those applying to the use
of such telephones for toll service, which said service is to be
paid for by the City at the regular and lawful rates of the
Company therefor.
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 regulating the use of
the streets of the City, and the acceptance by the Company of this
ordinance 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.
SECTION 5. The Company shall file with the City Clerk
of the City its acceptance of this ordinance within sixty days
from the date when it shall take effect.
SECTION 6. Nothing in this ordinance shall be construed
as a surrender by the City of its right or power to pass ordinances
regulating the use of its streets.
- 2 -
SECTION 7. This ordinance shall be in force and effect
for a term of thirty (30) 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 Edgewater, 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 property 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 ac-
ceptance of this ordinance shall operate as a grant by the said
Company to the City of said right to purchase.
ATTEST: APPROVED:
, City Clerk, hereby
certify that the above is a true and correct copy of an ordinance
introduced and passed at first reading at a meeting of the City
Council of the City of Edgewater, Florida, held on the 6th day
of August , 19_L6, and read and passed on second and final
reading at a meeting of the City Council held on the 6 day of
o„gust 19-5L.
I further certify that said ordinance was entered in
the regular record of proceedings and ordinances of the City
Council, and after passage was published for a period of 4 weeks
by posting at the door of the City Hall and at One Other ,
a public place within the City.
— 3 —
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY
HURT BUILDING ATLANTA,GEORGIA
MUaNAv s-6600
B.S.OILMER
VICE PRESIDENT
TO THE CITY CLERK OF THE
CITY OF EDGEWATER, FLORIDA:
Pursuant to Section 5 of an ordinance adopted by the
City Council and approved by the Mayor of the City of Edgewater,
Florida, on August 6, 1956, entitled;
"AN ORDINANCE AUTHORIZING THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE THE
PUBLIC STREETS OF THE CITY OF EDGEWATER,
FLORIDA, FOR THE PURPOSE OF ERECTING, CON-
STRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE AND TELEGRAPH THEREON AND THEREUNDER.";
the Southern Bell Telephone and Telegraph Company hereby files
with the City of Edgewater, Florida, its acceptance of said
ordinance.
EXECUTED this the 27th day of August, 1956.
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY
00 4e%—✓
Vice President