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HomeMy WebLinkAboutO-00240m it z AN 01WIRANOL No. d4O Authorising the Miami 'Telephone Company; its euoceeso rind aesi tns, to establish, construct, maintain and operate its telephone poles, wires, and other telephone property along, upon, across and under the publio streets, lanes, alleys, ave- nues or other public plaoee in the City of iigini. h ' IT ORDAINO BY TM O ITY 00UNOMOP lint CITY DP =AUL rLb1li A, AS 'OLLOWS Seotiod 1. That permission and the same is hereby granted " to the Miaeii .'Telephone company, ite eucoeeeors and eeeigns for the full term bi tlir ty ` 30) years from the, time' this ordinance e1 ali take effeot, to establish, construct, operate .and maintain lines of. te1 ephone� ai nd ;telegraph,, including the ne csecsary poles, fix- tures, oonductore upon , along,across and underunderiground conduits, athelpublic roads; streets; alleys, avenues, , boulevards, lanes or other public highways, or any part thereof within the city of Miami as the same , may now or hereafter exist, 'and as its business from time to, time require, provided that all poles shall .b'e neat and symmetrical.. Section 2. That they work herein provided" for shall be done under the supervision of the Street committee or other designated city official, and the said Miami j'elephone company, its successors or assigns hall replace and properly relay •any sidewalk. or street, lanes, alleys, boulevards, avenues or other public highWays that may be displaoJJ by it in the construction of its lines and. under- • ground conduits and upon the failure of the oompanqto do so, after ten days' notice shall be given by the Mayor of the city of ,Miami, Florida, to said company, its successors or assigns, the city may repair such portion of the sidewalk or street, avenul, alley, boule- vard , land or other public that may have been disturbed by said oompany and oolleot the cost so incurred from said company. i eotion,3..: In Oonaideration of the rights and privileges herein granted, said company, its successors or assigns, shall, upon demand, provide one duct 'iweach conduit and top cross -arm on each pole, on or 'in which the City of Miami shall have the r ight to attach 'either .its fire alarm, telegraph or telephone, or police telephones or telegraph wires for the free use of the Police and Fire Alarm telegraph system of the city of siarni, r'lorida, and shall furthermore pay to the city of Miami, in lawful money of the United states, annually, a sum equal to one percent of its annual gas reoeip,ts from rentals. derived from telephones in use within the City of Miami, ; payable for each year on the first . day of Janu- ary. of the succeeding year, the first payment to be made ,Tams ry 1, -1919 And' said company sha11 pay all expenses of the election provided' for in section 8 of ;hie ordinance., Section 4. Said. company, its successors or assigns, shall at all time be subject to all reasonable and valid rdinanoes of said City heretofore Qa hereafter passed, regulating a::aavations in the public highways in said city or governing the issuance of permits for such excavations or regal t iug or prohibiting the maintenance of poles and wires above ground, or recairing the use of underground wires and lines, and all other reavo nable and valid ordinances here- tofore or hereafter. passed relative to the use of the public streets and highways of svi.;i City by !'elephone or &e1egrsh eo:nnar ee. Section S.. Said Company, its euvoseeora and assigns, shall indemnify the said city of emit $loriau, against, and assume .all liabilities, for damages woich may arise or aoorue to the city of Miami, r'lor ids. from any injury to person or property from ine doing of any wark herein authorized, or the nealeat of said company or any of its employe9, to comply wtth any 0rdi►ianoe relative tQ the ass of said street. sn4 tie. acceptance by the QQm9an7 of this ordinance shall be an afire went by it to pay to the city of Iti.acni, rlorida, 4i r any sum Of matey for which the said city may bedomae liable by MOM Of or frdtn such injury. Section 6. The said Uity of Miami, P1orida, hereby re- eervee the right to, and does hereby, require the said ctiami Telephone company, as a condition precedent to the taking affect of the rights of franchise herein granted, to give and grant to the said City of Miami, 'a'lorida, the right at and after the expiration of -the eaid term for Whieh this franchise is granted, to purchase the telephone plant, property and equipment and other property within the City of ztiemi used under or in eonneetion with the franohhiee or right hereby granted or such part of such property .as the City of Miami may desire to purchase at a valuar tiott of the property, real and personal, desired,'Which valuation shah, be fixed by arbitration as may be provided by law, And the Telephone eompant shall be construed as, and shall constitute, a grant the said'Miami Telephone Uompany to the said Ui ty of Miami, Florida, of the right at and after the expiration of said term for which this franchise is Fretted, to purchase the said telephone plant, property or Bitch part thereof within the tar/ of Miami as the said pity may desires under the said conditions herein provided. The terms and conditions of this section are in accordance with Section 1016 of the seneral 'tatutes of the State of r'lorida. And the said city also reserves to itself the powers of eminent domain allowed under its present charter or the laws of the State of Florida. Section 7. That with the City clerk of anob of this ordinanoe it shall take effect. the said Miami telephone Company shall file the said City of Miami, Florida, its accept. within sixty (60) days of the date on which Section 8. That as provided by the charter of the City of Miami, approved Lay 29, 1915, same being Chapter 7196 (No. 390) of the laws of Florida of 1915, commencing on Page 791 of said published laws, 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, Florida, voting at an election held therefor, but if this ordinance of franchise shall be approved by a majority of the qualified voters of the City of Miami, voting at an election held therefor, the same shall be in fall force and effect in all respects as hereinafter stated. Section 9. This ordinanoe shall not affect or invalidate any valid franchise rights that the Miami Telephone Company nay now have under and by virtue of any valid franchise rights pre- viously granted to it by the City of Miami, Florida. Section 10. This ordinance shall be in force and effect from .and after its passage by the City Council of the City of Miami, p'lor ids, and its, approval by the Mayor or the acting Mayor, or upon its passage without such approval, and upon the subsequent approval by a majority of the qualified voters of the City of Miami voting at an election held therefor, and upon the filing of said company in the office of the Clerk of said City of Miami, its aooeptame thereof. Passed and adopted September 2lst, 1917. Attest: 0As?4.1% FTx, kresident City O+ounoil. W. 8, I00ii", City "leek. Approved September 21at, 1917. P. A. 1110414SON Mayor, Fla* 13004 ro. 9, lege 79.