86-O-19u
ORDINANCE NO. 86-0-19
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, AUTHORIZING
THE SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY TO USE THE PUBLIC STREETS OF THE
CITY OF EDGEWATER, FLORIDA, FOR THE PUR-
POSE OF ERECTING, MAINTAINING, CONSTRUCTING
AND OPERATING LINES OF TELEPHONE AND
TELEGRAPH EQUIPMENT THEREON AND THEREUNDER;
CONTAINING A REPEALER PROVISION, A SEVER -
ABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. Be it ordained by the City Council
of the City of Edgewater, Florida, that permission be and the
same is hereby granted to the Southern Bell Telephone and Tele-
graph Company (hereinafter referred to as "Company"), its
successors and assigns, to construct, maintain and operate lines
of telephone and telegraph equipment, including the necessary
poles, conduits, cables, electrical conductors and fiberoptics
and digital technology fixtures upon; along, under and over the
public roads, streets, highways, and rights of way 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 con-
structing 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 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 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
privileges herein granted, the Company shall pay to the City
annually a sum equal to one (1%) percent of the gross receipts of
the Company on recurring local service revenues for services pro-
Q
vided within the corporate limits of the City by the Company,
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
soecial benefits, such as sidewalks, street pavings and
similar improvements, and occupational license taxes) levied
or imposed by the City upon the Company and paid during the
preceding fiscal year as defined herein. 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 one year from the last day of the
month in which the ordinance becomes effective. Payment shall
be made within one (1) month 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 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 (60) days from the date of its final passage.
SECTION 6. Nothing in ths ordinance shall be
construed as a surrender by the City of its right of power to
pass ordinances regulating the use of its streets.
SECTION 7. This ordinance shall be in force and
effect for a term of thirty 1110) years from and after its
passage and acceptance by the Company.
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9
SECTION 8. All ordinances or parts of ordinances
and all resolutions or parts of resolutions in conflict herewith
be and the same are hereby repealed.
SECTION 9. If any section, part of a section,
paragraph, phrase or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be
affected.
SECTION 10. This ordinance shall take effect
immediately upon its adoption by the City Council of the City
of Edgewater, Florida, and approval as provided by law.
This ordinance was introduced by Councilman
Inman
This ordinance was read on first reading and
passed by a
vote of the City
Council of
the City of Edgewater,
Florida, at
a regular
meeting
of said Council held
on the 21st
day of July
, 1986,
and approved as provided
by law.
The second reading of this ordinance to be at a
regular
meeting of
the City Council of
Edgewater,
Florida, to
be held on the
4th day of August
, 1986.
ROLL CALL ON
ORDINANCE NO. 86-0-19
AS FOLLOWS:
FIRST READIN,
7,�
Councilman-Zo Thr, e
do nCi man -Zone Four
Q:L'
Ord. 86-0-19
0
SECOND READING:
ATTEST:
Council Zone ree
nc i -� zone
Pour L
ncilman-Zone Four
7
City Clerk
Thi ordinance read and adopted on second reading
at a regular meeting of the City Council of the City of
Edgewater, Florida, and authenticated this 4th day of
August , 1986.
mayor
Thi Ord37 c repa ed by;
ttorney
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