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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