Ordinance 130 ORDINANCE N0, 130.
Authorizing the South Atlantic Telephone and Telegraph
Company, its successors and assigns, to establish, construct,
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maintain and operate its telephone poles, wires and other tele-
phone property upon, along, across and under the public streets,
roads, lanes, alleys, avenues, boulevards and other public high-
ways and places in the City of Miami Beach, Florida.
BE IT ORDAINED BY TIM CITY COUNCIL OF
Tom: CITY OF MIAMI BEACH, FLORIDA;
SECTION 1. That permission be, and the same is, hereby
granted to the South Atlantic Telephone and Telegraph Company,
a corporation of Florida, its successors and assigns, for the
full term of thirty (30) years from the date upon which this
ordinance shall become effective, to establish, construct,
maintain and operate lines of telephone and telegraph, including
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all necessary poles, fixtures, underground conduits, manholes,
and electrical conductors upon, along, across and under the
public streets, roads, lanes, alleys, avenues, boulevards, and
other public highways and. places, or any part thereof, within
said City of Miami Beach, as the business of said Company from
time to time may require.
SECTION 2. That the work herein necessary to be done
in connection therewith shall be done under the supervision and
with the approval of the Street Committe of said City, or of
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properly designated city officials authorized to supervise and
approve the same.
SECTION 3. That the South Atlantic Telephone and
Telegraph Company, its successors or assigns, shall properly
replace and relay and sidewalk, gutter, curb, street, road,
lane, alley, boulevard, parking place, or other public highway
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or places that may be displaced by said Company in the construction,
maintenance and. operation of its poles, fixutres, conduits and
manholes, or other property; and that upon the failure of said
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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 such a manner as not to obstruct
traffic on the streets or sidew4lks 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
contaciel shall be protected by good and sufficient glass insulators.
SECTION 5. That all wires of other corm]anie s
maintaining and operating telegraphic, electric light and street
car systems within said City, shall also be required by franchises
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.
SLCTION 6. That said Company, its successors ar
assigns, shall, upon demand of the said City, provide one crossarm
on each pole, or one duct when an underground sjstem is installed,
said City ma��desire to attach either fire alarm, telegraph
on tixhl.,h s d ,T may
desire
police telegraph wires, for the free use of the police and fire
alarm or telegraph systems 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 maintenance of poles
or wires above ground, ®t requiring the use of underground •ir{ires
and lines, and to all other reasonable and valid ordinances re-
lative to the use of the public highways ald places of said City
by Telephone and Telegraph Companies.
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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*
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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 Mates, 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 upon the first day of January of the suc-
ceeding year; the first payment of which shall be made on
January 1, 1922.
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 Its removing, changing, altering and restoring its wires or
other property so as to permit the passage and removal of such
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building.
SECTION 11. That it shall be the duty of said
Company under the terms of this franchise to install and fully
equip .withi-4/dIne year after the date of the election confirming
said franchise, a modern telephone system, provided, however,
that such time shall be extended by an addition of such time as
may be necessarily consumed by an unavoidable delay in prouaring
labor, including the services of necessary experts for such work,
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and material, including all necessary futures and appliances for
the proper installation of said system.
SECTION 12. That it shall be the duty of and
the said Company hereby covenants and agrees that the said modern
system referred. to in Section 11 of this franchise, shall be in-
stalled and extended within the time prescribed in Section 11 of
this franchise, to all points, residences, business houses, and
other places where telephones are used under the existing telephone
system of the City of Miami Beach at the time said installation is
completed under the time limitation contained in Section 11 of this
franchise; Provided., however, that said installation and service
shall be subject at all tunes to the rules, regulations, rates and
requirements of the said Company.
SECTION 13. That this ordinance shall not
affect or invalidate any franchise rights, duties or obligations
said Company may now have under any by virtue of any valid ordinance
heretofore legally passed and adopted by said City.
SECTION 14. 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.
SACTION 15. That the said City hereby reserves
the right to, and does hereby require the said Company as a con-
dition 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
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granted to purchase the telephone plant, property and equipment
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within said City used under or in connection with the franchise
or right hereby granted, or such pC-;rt of said property as said
City may desire to purchase, at a valuation of the property so
desired to be fixed by arbitration as by law provided.
SECTION 16; That, as provided by the Chl_rter
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
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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 1diamli Beach, voting
at an election held therefor, the same shall be in full force and
effect in all respects as hereinafter set forth.
SECTION 17. 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 Chapter 4052,
Section 1, Laws of Florida, 1891.
SECTION 18. That all provisions in this
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franchise contained shell extend to and be obligatory upon the
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successors and assigns of the parties hereto.
SECTION 19. That this ordinance shall be in
force and effect from and after its passage by the City Council
of the City of iYiiami reach, Florida, and its approval by the .
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Mayor or the -Acting Mayor, or upon its passage without such approval
and upon subsequent approval bj a majority of the qualified voters
of the City of 161riami 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 here.
inbefore provided.*
Passed and adopted this day of' ,1920.
President of the City Council.
Attest:
City Clerk.
U
71Approved this 17 day �
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ST�TE OF FLORID-4
County of Dade
Receiptof a copy of the within---------------------------------------------------------------------------------------------------------is acknowledded
and service thereof is accepted this---- ----------------------------------------------------------day of--------------------- 4-*-------------------------
192------------
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