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Ordinance 824 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY INCORPORATED HURT BUILDING ATLANTA, GEORGIA T OFFICIAL 8600 FRED J.TURNER VICE-PRESIDENT t TO THE CITY CT Rv OF THE 'TTY OF MI FT REACH, TiTI' RTDA Pursuant to Section 12 of an ordinance adopted b; the City Council of the City of Miami Beach, Florida, and approved by the Mayor on November 19, 1947 , and duly ratified by a majority of the qualified voters of said City votinP. at an. election held on December 23, 1947, entitled: "ORDINANCE NO. 824 AUTHORIZING THE SOUTHERN BELL TELEPHO vE AND TELEGRAPH COivPANY, ITS SUCCESSORS AND ASSIGNS, TO ESTABLISH, CONSTRUCT, MAINTAIN AND OPERATE ITS TELEPHONE POLES, WIRES AND OTHER TELEPHONE PROPERTY UPON, ALONG, ACROSS AND UNDER THE PUBLIC STREETS, ROADS, LANES, ALLEYS, AVENUES, BOULEVARDS AND OTHER PUBLIC HIGHWAYS AND PLACES IN THE CITY OF MIAMI BEACH, FLORIDA. "; the. Southern Bell Telephone and Telegraph Company hereby files with the said City of Miami Beach, Florida, its acceptance of said ordinance and the provisions thereof. EXECUTED this the 5th dAT of JP.nuary, 1948. SOUTHERN PELL TELEPHONE AND TELEGRAPH COMPANY / e President 1 i ORDINANCE NO. 824- Authorizing the Southern Bell Telephone and Tele- graph Company, its successors and assigns , to establish, construct, maintain and operate its telephone poles , wires and other telephone property upon, along , across and under the public streets , roads , lanes, alleys, avenues , boulevards and other public highways and places in the City of Miami Beach, Florida. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAT: I BEACH, FLORIDA SECTION 1. That permission be, and the same is , hereby granted to the Southern Bell Telephone and Telegraph Company, a corporation created and existing under the laws of the State of New York, its successors and assigns , for the full term of thirty (30) years from the date upon which this ordi- nance shall become effective , to establish, construct, maintain and operate lines of telephone and telegraph, including all nec- essary poles , fixtures , underground conduits , manholes, and elec- trical conductors upon, along, across and under the public streets , roads , lanes, alleys , avenues , boulevards , and other public high- ways and places , or any part thereof, within said City of Miami Beach, as the business of said Company from time to time may re- quire. SECTION 2. That the work of erecting poles and con- structing underground conduits under this ordinance shall be done under the supervision and with the approval of the City Engineer of said City, or of properly designated City Officials authorized to supervise and approve the same. SECTION 3 . That the Southern Bell Telephone and Telegraph Company, its successors or assigns , shall properly replace and relay the sidewalk, gutter, curb, street, road, lane , alley, boulevard ) parking place , or other public highways or places that may be displaced by said Company in the con- struction, maintenance and operation of its poles , fixtures , conduits and manholes , or other property and that upon the failure of said Company so to do, after ten days' notice of said failure shall have been given by said City to said Company ; its successors or assigns , said City may repair , replace or relay such portion of such sidewalk, curb, gutter , road , lane, alley, boulevard , parking place , or other public highways and places that may have been so disturbed ; injured , displaced or impaired by said Company and collect the cost so incurred from said Company. SECTION 4. That all poles and other equipment of said Company shall be placed in sucha manner as not to obstruct traffic on the streets or sidewalks of said City; and all wires placed on poles shall be strung at least two feet above or below existing lines of telegraph or electric light wires , and at least eighteen feet above street grades . Said wires at all points of contact shall be protected by good and sufficient glass insulators . SECTION 5. That all wires of other companies main- taining and operating telegraphic ) electric light and street car systems within said City, shall also be required by fran- chises hereafter granted to string their wires and cables at least two feet above or below the wires of this Company, and at least eighteen feet above street grades . - 2 SECTION 6. That said Company, its successors or assigns, shall, upon demand of the said City, provide one crossarm on each pole, or one duct in its underground system, on which or in which said City may desire to attach or place either fire alarm, telegraph, or police telegraph wires for the free use of the police and fire alarm or telegraph sys- tems of said City. SECTION 7. That the. said Company, its successors and assigns , shall at all times be subject to the reasonable and valid ordinances of said City regulating excavations in the public highways or places of said City, or governing the issuance of permits for excavations , or prohibiting the main- • tenance of poles or wires above ground , or requiring the use of underground wires and lines , and all other reasonable and valid ordinances relative to the use of the public highways and places of said City by Telephone and Telegraph Companies . SECTION 8. That said Company, its successors and assigns , shall indemnify the said City of Miami Beach, Florida, against all damages which shall accrue to said City resulting from any injury to persons or property on account of the per- formance of the work herein authorized, or on account of the neglect of said Company or any of its employees , to comply with any ordinance relative to the use by said Company of said public highways and places; and the acceptance by the Company of this ordinance shall constitute an agreement by it to pay to the said City any sum of money for which the said City would otherwise become liable by reason of such injury. - 3 - SECTION 9. That the said Company, during the period covered by this ordinance , shall pay to the City of Miami Beach, in lawful money of the United States , annually, a sum equal to one per cent of its annual gross receipts from rentals derived from telephones in use within said City of. Miami Beach, payable for each year on or before the first day of February of the succeeding year. ; the first payment of which shall be made on or before February 1, 1948; and as an additional consideration for the privileges herein granted, the Southern Bell Telephone and Telegraph Company shall furnish the City of Miami Beach, with- out charge therefor, the equipment and facilities set forth and itemized in the schedule attached hereto as Exhibit "A" and made a part hereof , with local exchange service therefrom and there- over; provided, however , that the equipment and facilities shown on said Exhibit "A" ere furnished under and subject to the usual rules and regulations of the Company, including those applying to the use of such equipment and facilities for toll service , which said toll service is to be paid for by the City at the regular and lawful rates of the Co.lrany therefor , 1d providing further , that should the Southern Ball Teleahone and Telegraph Company agree , in any franchise ordinance adopted after the effective date of this ordinance , to pay to any other munic- ipality within the State of Florida, within which municipality the Company has in service a number of telephones at the time of the adoption of such ordinance equal to or in excess of the number of its telephones in service at that time within the City of Miami Beach, a greater percentage of its annual gross receipts from rentals derived from telephones in use within such municipality than is provided for in this ordinance, then and in that event the City of Miami Beach reserves the right to amend this ordinance and to require the said Southern Bell Telephone -- 4 • and Telegraph Company to pay the City a percentage of its annual gross receipts from rentals derived from telephones in use within the city which is not in excess of such per- centage as is provided for in the franchise ordinance adopted by such other municipality or municipalities . SECTION 10. In case any building is moved from one section of the City of Miami Beach to another , under permit of the City Council, the said Company shall, on demand of the party holding such permit, promptly arrange their wires so as to permit the passage of such building, upon the party holding the permit furnishing said Company a good and sufficient bond in an amount sufficient to cover the expense to said Company of removing, changing , altering and restoring its wires or other property so as to permit the passage and removal of such build- ing . SECTION 11. That this ordinance shall not affect or invalidate any franchise rights , duties or obligations said Company may now have under or by virtue of any valid ordinance heretofore legally passed and adopted by said City; provided , however , that when this ordinance shall be in full force and effect the rights , duties and obligations of said Company here- in contained shall be in lieu of those contained in an ordinance adopted by the City Council of the City of Miami Beach, Florida, on March 17, 1920, granting a franchise to the South Atlantic Telephone Company, to which said franchise ordinance and the rights , duties and obligations thereunder the said Southern Bell Telephone and Telegraph Company has heretofore succeeded. SECTION 12. That the said Company shall file with the City Clerk of said City its acceptance of this ordinance and the provisions thereof, within sixty days after the date of the election confirming this franchise as hereinafter referred to; and the date of its acceptance by the Company shall be the date upon which this ordinance shall become effective . SECTION 13 . That the said City hereby reserves the right to , and does hereby require the said Company as a condition precedent to the taking effect of the rights and franchise herein granted , to give and grant to the said City the right at and after the expiration of the term for which this franchise is granted to purchase the telephone plant , property and equipment within said City used under or in con- nection with the franchise or right hereby granted, or such part of said property as said City may desire to purchase, at a valuation of the property so desired to be fixed by arbi- tration as by law provided. SECTION 14. That as provided by the Charter of the City of Miami Beach, this ordinance shall not become a law until the same has been approved by a majority of the qualified voters of the City of Miami Beach, Florida, voting at an election held therefor, the expense of which shall be paid by said Company, but if this ordinance or franchise shall be so approved by a majority of the qualified voters of the City of Miami Beach, voting at an election held therefor, the same shall be in full force and effect in all respects as hereinafter set forth. - SECTION 15. None of the provisions of this franchise shall be construed so as to prohibit the City from exercising its right of forfeiture as provided in Section 167.23 of Florida Statutes 1941. - 6 - SECTION 16. That all provisions in this franchise contained shall extend to and be obligatory upon the successors and assigns of the parties hereto. SECTION 17 . That this ordinance shall be in force and effect froisl and after its passage by the City Council of the City of Miami Beach, Florida , and upon subsequent approval by a majority of the qualified voters of the City of Miami Beach, Florida, voting at an election held therefor, and upon the filing by said Company in the office of the Clerk of said City of Miami Beach its acceptance thereof as hereinbefore provided. Passed and adopted this 19th day of November _, 1947. 12::4!4c.t.,-,__, JMayor ATTEST: . City Clerk, 1st reading - November 5, 1947 2nd reading - November 5, 1947 3rd reading - November 19, 1947 Posted - November 19, 1947 _ 7 - • EXHIBIT A CITY OF MIAMI BEACH, FLORIDA 1 Attendant' s position 740-AX private branch exchange Associated Power Plant " Selectors tt Connectors Line Terminals 15 Inward and outward trunk lines 3 Inward only trunk lines 50 Main private branch exchange stations 10 Extension private branch exchange stations 10 Multiple jacks Associated operator headsets STATE OF FLORIDA ) COUNTY OF DADE ) I , C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 824, entitled: "AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, ITS SUCCESSORS AND ASSIGNS, TO ESTABLISH, CONSTRUCT , MAINTAIN AND OPERATE ITS TELEPHONE POLES, WIRES AND OTHER TELEPHONE PROPERTY UPON, ALONG, ACROSS AND UNDER THE PUBLIC STREETS, ROADS, LANES, ALLEYS, AVENUES, BOULEVARDS AND OTHER PUBLIC HIGHWAYS AND PLACES IN THE CITY OF MIAMI BEACH, FLORIDA. " having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, Florida, one of which was at the door of the City Hall in said City on the 19th day of November, A. D. 1947, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 24th day of December, A. D. 1947. City Clerk