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HomeMy WebLinkAboutO-00212ORDINNACE NO. 212 AN ORDINANCE GRANTING PERMISSION TO THE AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO CONSTRUCT, OPERATE AND MAINTAIN LINES OF TELEPHONE AND TELEGRAPH UPON, ALONG, ACROSS, OVER AND UNDER THE PUBLIC ROADS, STREETS, AND HIGHWAYS OF THE CITY OF MIAMI, FLORIDA UNDER TERMS SPECIFIED THEREIN BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MIAMI, DADE COUNTY, FLORIDA: Section 1. That permission be and the same is hereby granted to the American Telephone and Telegraph Company to construct, operate and maintain lines of telephone and telegraph upon, along, across, over and under the public roads, streets, and highways of the City of Miami, including such poles, wires, conduits, manholes, cables, electrical conductors, appliances and appurtenances as may from time to time be necessary for the convenient transaction of the business of said Company. Provided however that this permission shall not be construed as granting the right, privilege or authority to construct, operate and maintain tele- phone lines for the purpose of furnishing a local public telephone exchange service in said city. And provided, further, that no local subscribers' stations in said City of Miami shall be connected together under this franchise. Section 2. That the said lines of telephone and telegraph to be used for the purposes aforesaid, or portions thereof, may be, at any time, constucted, operated and maintained in or upon the conduits, poles and other structures of other companies owning such conduits, poles and other structures in said City; provided, that the consent of such other companies be first obtained; and provided further, that such occupation and use of such conduits, poles and other structures of other companies shall be, so far as they are applicable, in all respects subject to the provision of the ordinances granting permission to such other companies to construct operate and maintain such conduits, poles and other structures in said City. Section 3. That the work of erecting the poles or other structures or of laying conduits hereunder shall be done under the supervision of the said City of Miami. The City of Miami reserves the right to replace or relay that portion of any sidewalk or street pavement that may be displaced by said Company in the erection or laying of such poles, structures or conduits, which said replacement and relaying shall be at the expense of said Company, and upon the completion thereof, the said City shall collect from said Company the actual cost so incurred. Said Company, before beginning the work of erecting poles or other structures or of laying conduits as herein provided, shall give ten (10) days' written notice to the said City of such intention, and shall 1 ti before the beginning of such work, deposit in one of the designated city deposi- tories, to the credit of said City of Miami, such an amount in cash as shall in the opinion of the City Engineer, be required to cover the cost of the re- placement or relaying afore said, which said sum shall be a guarantee for the payment to said city of such cost, the balance remaining, if any, of such deposit after the payment of the cost aforesaid shall be forthwith refunded to said Company. All poles shall be neat and symmetrical, and all electrical conductors thereon extending along or across a public highway shall be attached to such poles at an altitude of not less than twenty (20) feet above the surface of the ground. Section 4. That whenever requested to do so by the proper authorities of the City, said Company shall provide, without expense to the City on each pole or other structure erected and in each conduit laid hereunder, space for the wires of the police and fire alarm telegraph system of said City, provided that said Company shall not be required to furnish to the City space in excess of that required for one cross arm on each pole or the equivalent on each structure, or more than one duct in each conduit; and, provided further, that no use shall be made of such space by said City which will result in interferring with the operation of said Company's property, impair its service or endanger the property or employees of said Company. Section 5. That said Company shall at all times be subject to the City Ordinances and resolution now in existence or which may be passed hereafter, regulating the use of public streets, roads and highways by telephone and telegraph companies. Section 6. That said Company shall indemnify the City of Miami, Florida against and assume full liability for, all damages which may arise or accrue to said City from any injury to persons or property caused by the work authorized herein, or by the neglect of said Company or any of its employees, to comply with any ordinance regulating the use of the public streets, roads and highways of said City, and the acceptance by said Company of this ordinance shall constitute an agreement by it to pay the City any sum of money for which the City may become liable by reason of such injury. Section 7. That this ordinance shall be in force and effect for a term of thirty (30) years from the date when it shall take effect, and the said City hereby reserves the right and requires the said Company, as a condition precedent to the taking effect of this grant, to give and grant to the City of Miami the right at and after the expiration of such term to purchase the telephone and telegraph lines or other property in said City used under or in connection with this grant, or such 2 part of such property as the municipality may desire to purchase at a valuation 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 a grant by the Company to the City of said right to purchase. Section 8. That the permission hereby granted and the terms and conditions imposed herein, shall extend and apply to the said Company, its successors, assigns and lessees. Section 9. An election shall be called by the Mayor of said City of Miami for August 29, 1916, for the purpose of permitting the qualified voters of said City to vote for the approval or rejection of this ordinance, which said election shall be held at the expense of said the American Telephone and Telegraph Company. It shall be a condition, however, to the calling of such election that the said the American Telephone and Telegraph Company shall first deposit with the Clerk of said City the sum of Four Hundred Dollars($400.00) to defray the expenses of such election, or at said Company's option, to deposit with said Clerk a good and sufficient bond in the sum of Five Hundred Dollars ($500.00) conditioned for the payment of such expense. If said sum of $400.00 shall be so deposited, the balance, if any, remaining out of said sum after paying the expenses of such election, shall be refunded to said Company. Section 10. This ordinance shall be in force and effect from and after its passage and approval by the Mayor of the City of Miami, Florida, and upon the sub- sequent approval by a majority of the qualified voters of said City voting at an election held therefor, and upon the filing by said Company, in the office of the Clerk of said City its acceptance thereof. Section 11. All ordinances and parts of ordinances in conflict herewith, be and the same are hereby repealed PASSED AND ADOPTED this 15th day of June, 1916. CASPAR HEFTY President City Council P.A.HENDERSON ATTEST: MAYOR W.B. MOORE, City Clerk 3