O#276AN ORDIN~NCE GRANTING A FRANCHISE TO THE
SOUTHERN BELL TELEPHONE AND TELEGRAPH
CO~ANY~ ITS SUCCESSORS AND ASSIGNS, TO
OPERATE AND MAINTAIN A TELEPHONE SYSTEM
IN THE CITY: SETTING FORTH CONDITIONS
C0~ANYING THE GRANT OF FRANCHISE: PRO-
VIDING FOR CITY REGULATION AND USE OF THE
TELEPHONE SYSTEM: AND PRESCRIBING PENALTIES
FOR THE F2ILURE TO COI.~fPLY WITH ITS PROVISIONS.
BE IT ORDAINED BY TITE COUYNCIL OF THE CITY OF BOYNTON BEACH~ FLORIDA:
SECTION I: Short Title. This 0rdinsnce shall be known
and may be cited as the "Southern Bell TeleDhone and Telegraph
Company Franchise Ordinance."
SECTION 2. Definitions. For the purposes of this 0rdinance~
the following terms~ phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the
context, words used in the oresent tense include the future,
words in the plural number include the singular number~ and words
in the singular nttmber include the olural number. The word "shall"
is always mandatory and not merely directory°
(1) "City" is the City of Boynton Beach.
(2) "Company" is the grantee of rights under this Franchise.
(3) "Council" is the City Council of the City of Boynton
Beach.
(4) "Person" is any person, firm, partnershio, association,
corooration~ company or organization of any kind.
SECTION~. Grant of Authority. There is hereby granted~
by the City to the Company the rights and orivilege to construct,
erect, operate and maintain, in, upon, along, across, above, over
and under the streets~ alleys, public ways and public places now
laid out or dedicsted~ and all extensions thereof, and additions
thereto, in the City, poles~ wires, cables, underground conduits,
manholes and other telephone fixtures necessary or proper for the
maintenance and operation in the City of a telephone exchange and
lines connected therewith,
(1) Non-Exclusive Grant. The right to use and occupy said
streets, alleys, oublic ways and places for the purposes herein
set forth shall not be exclusive, and the City reserves the right
to grant a similar use of said streets, alleys, public ways and
places, to any person at any time during the oeriod of this Franchise.
SECTION 4. Compliance with Applicable Laws and Ordinances.
The Company shell, at all times during the life of this Franchise,
be subject to all lawful exercis~ of the police power by the City~
and to such reasonable regulation as the City shall hereafter by
resolution or ordinance provide.
SECTION 5._ Company Liability - Indemnification. It is
expressly understood and agreed by and between the Company and the
City that the Company shall save the City harmless from all loss
sustained by the City on account of any suit, judgment, execution~
claim~ or demand whatever~ resulting from negligence on the part
Of the Company in the construction, operation or maintenance of
its telephone system in the City. The City shall notify the
Company's representative in the City within ten (10) days after
the presentation of any claim or demand~ either by suit or other-
wise, made against the City on account of any negligence as
aforesaid on the part of the Company.
SECTION 6. The Company shall file with the City Clerk of
the City its acceptance of this 0rdinsnce within sixty days from
the date when it shall take effect.
SECTION ~ Conditions on St_ =et Occupancy.
(1) Use. All transmission and distribution structures~
lines and equipment erected by the Company within the City shall
be so located as to cause minimum interference with the proper
use of streets, alleys and other oubiic ways and piaces~ and to
cause minimum interference with the rights or reasonable convenience
of prooerty o~ers who adjoin any of the said streets~ alleys or
other oublic ways and places.
(2) Restoration. In case of any disturb@ncc of pavement,
sidewalk, driveway or other surfacing, the Company shall~ at its
own cost and expense and in a manner approved by the City inspector~
replace and restore all psving~ sidewalk~ driveway or surface of
any street or alley disturbed, in as good condition as before said
work was commenced~ and shall maintain the restoration in an
aooroved condition for a oeriod of one (1) year. The Company shall
obtain from the City a permit prior to excavating or opening any
public pavement~ sidewalk, driveway or other public surface.
(3) Relocation. In. event that at any time during the
period of this Franchise the City shall lawfully elect to alter,
or change the grade of, shy street~ alley or other public way, the
Company, upon receipt of reasonable and lawful demand in writing from
the City, Shall remove, relay~ and relocate its poles~ wires, cables~
underground conduits~ manholes and other telephone fixtures without
cost or expense to the City.
(¼) Placement of Fixtures. The Company shall not place
poles .or other fixtures where the same will interfere with any
gas tamp, electric light, water hydrant or water main~ and all such
poles or other fixtures placed in any street shall be placed at the
outer edge of the sidewalk and inside the curb line, and those placed
in alleys~ shall be place~ close to the line of the lot ~bUtting
on said alley, and then in such a manner as not to interf~re~ with
the usual trsve! on said streets, alleys and public ways.
(~) Temoorary Removal of Wire for Building Moving~ The
Company shall, on the request of any person holding a building moving
permit issued by the City, temporarily raise or lower its wires to
permit the moving of buildings. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person
requesting the same, and the Company shall have the authority to
require such payment in advance. The Company shall be given reason-
able notice and not less than forty-eight hours advance notice to
arrange for such temporary wire changes.
(6) Tree Trimming. The Company shall have the authority
to trim trees upon and overhanging streets, alleys, sidewalks and
public places of the City so as to prevent the branches of such
trees f~om coming in contact with the wires and cables of the Company,
all trimming to be do~e in accordance with reasonable rules and
regulation prescribed by the City.
SECTION 8. Publication Costs. The Company shall assume
the cost of oublication of this Franchise ss such publication is
required by law. A Bill for publication costs shall be oresented
to the Company by the City Treasurer uoon the Company, s ~iling of
acceptance and shall be paid ~t that time.
SECTION ~. This Ordinance shall be in force and effect
for s term of thirty (30) years from the date when it shall take
effect, and the City hereby reserves the right and requires the said
Company~ ss a condition precedent to the taking effect of this grant~
to give and grant to the City of Boynton Beach, Florids~ 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 value,ion 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 s grant by the said Company to the City
of said right to purchase.
SECTION !0. Penalties. Any violation by the Compsny~ its
vendee~ lessee or successor of the provisions of this Franchise or
any material portions thereof~ shal% be cause for the forfeiture of
this Franchise and a!i rights hereunder to the City after written
notice to the Compan~ and continuation of such violation, failure
or default~
SECTION !1. In consideration of the rights and privileges
herein granted, the Company, when reeuested by the City, will
furnish to the City for the use of i{s officials and employees on
municipal business~ one (1) business individual, line telephone to
be located w~th~n the City at a place to be designated by the City~
with local exchanges service therefrom and thereover within the
City~ without charge to the City; orovided, however, that the tele-
phone 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 oaid for by the City at the regular and lawful
rates of the Company therefor.
SECTION 12: Separability. If any section, subsection~
sentence, clause~ phrase or portion of this ordinance is for any reason
held iD.valid or unconstitutional by any court of competent jurisdiction,
such oortion shall be deemed a seoarate distinct and independent
orovision and such holding shall not affect the validity of the
remaining oortions hereof.
SECTIONi3: Ordinances Repealed. All ordinances and Darts
of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
SECTION iV: Before this Ordinance shall become effective,
it shall be the duty of the City Council of the City of Boynton
Beach to call an election within said City~ which s~id election shall
be called and h~ld on the same day as the regular municipal election~
to-wit: _ d~y of _~y~ !9~¥~ NotiCe of the
passage of this Ordinance and of the holding of said election shall
be given in the Boynton Beach News, the official newspaoer of general
circulation in the City~ by proclamation of the Mayor~ published
once a week for two consecutive weeks~ the last date of publication
being at least one week orior to such election. In said election so
called and held the ballots to be used she!! be prepared by the City
Council and shail be substantially in the following form:
REFERE~UMELECTION
B0~TON BE~CH, FLORIDA
An ordinance granting a franchise to the
Southern Bell Telephone and Telegraph
Company~ its successors and ~ssigns~ to
operate and maintain a telephone system
in the City: setting forth conditions ac-
companying the gr~nt of fr~nchise~ oro-
riding for city regui~tion and use of the
telephone systems and prescribing pe~a!ties
for the failure to comply with its provisions.
For the Ordinance :
Against the Ordinance :
At said election only those electors who are qualified electors in
said City of Boynton Beach at the date of said election as provided
by law shall be permitted to vote in said election. If a majority
of the voters so qualified to vote and voting in said election vote
for the adootion of said Ordinance~ then such Ordinance shall become
effective~ or otherwise it shall not. The results of said election
shall be duly certified within three (3) days to the City Council.
Introduced and ~assed on first reading at a meeting of the
City Council held on the day of ~ _ ~ 19~.
Resd and oassed on second and final reading at a meeting of
the City Council held on the l?th day of Oct~be~ !9~.
Mayor
ATTEST:
City Cl~rk