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HomeMy WebLinkAbout88/102 TELEPHONE FRANCHISE - 11 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, GRANTING TO JAMES JARRETT AND JOSEPH T. JARRETT., CO-PARTNERS DOING-BUSINESS AS JARRETT COMMUNICATIONS CO., A PARTNERSHIP, CERTAIN RIGHTS AND PRIVILEGES AND FRANCHISES FOR THE OPERATION AND FURNISHING OF TELEPHONE SERVICE IN THE CITY OF ZEPHYRHILLS, FLORIDA BE IT ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS, FLORIDA: • Section 1. That James Jarrett and Joseph T. Jarrett, as oc partners doing business as Jarrett Communications Co., be and they are hereby granted the right, privilege and franchise for a period; of fifteen (15) years from 'the effective date of this ordinance to con- s ruct, maintain and operate within the corporate limits of the City o Zephyrhills, Florida-, as the same now exists or may hereafter be e tended, a telephone- system for public and private use, to set poles, sin wires, and lay conduits over, along, and under all the streets, a leys and avenues of said city with the privilege of charging tolls, • rents and hire for the use of its telephone and lines or other ins:tru- mbnts operated in connection therewith; provided, however, that said poles being set and wires being strung and conduits being laid shall I ' be placed in the alleys wherever practicable, provided further that u�on' the following named streets and avenues, to-wit: Walter Gall Boulevard and Fifth Avenue, and all streets which the City Council may a any further time :reasonably determine to be business streets and so • d signate, no poles shall be erected except for the purpose of dis- tlibution and any lead wires constructed along such streets shall !be through underground cable, and provided further that all the construction u ed in the construction of such telephone -system shall be built, icon_ s ructed and maintained according to Bell ystems, specifieationsland p actices in so far as is practicable. Section 2. That the rents, rentals and hire to be charged b the said partnership for telephone service rendered by it under! tl is franchise and within the corporate limits of the City of Zephyr- hi is, Florida, shall be such rents, rentals and charges as shall be es ablished in pursuance with the laws of the State of Florida in such ca es made and provided. • i Section 3. That the Partnership shall have the right after th expiration of fifteen- (15) years from the date hereof to renew this fr nchise for an additional term of five (5) years, provided that the City does not exercise its right to purchase as hereinafter set forth, an' provided that the City does not receive a bona fide offer from :some th rd party for telephone service more advantageous Or beneficial to the ci izens of. the City, which said more advantageous terms and conditions th partnership cannot or will not meet, and provided further that upon. - I th expiration of the first five (5) years ' extension hereof, ' the Partnership may in like manner and subject to the same conditions,', • i extend the term of this franchise for two succeeding five year periods. Pr vided that the entire term of this franchise shall in no event exceed th term of -thirty (30) years. Section 4. That the City of Zephyrhills, Florida' shall have th right to purchase on the following dates, to-wit, on the fifteenth ye rly anniversary of the date hereof, and at the expiration of each i su ceeding five (5) years ' extension thereafter during the term hereby gr nted all the property and property rights of said partnership asj we l as any extension thereof extending beyond the limits of said city us d or useful in the rendition of local exchange telephone service,- j� or connected with the local exchange as a part of the local exchange to ephone system located in the City of Zephyrhills, Florida, including al contracts for service made in good faith by the said partnership pr' or to the date of said purchase at a reasonable evaluation of said pr perty and property rights desired to .be purchased to be fixed by�; agr e.m.ent between the parties or by arbitration in the event the parties e 'unable to agree. as may now or hereafter be provided by law. I t e event the '-City of Zephyrhills, Florida shall hereafter acquire s id property by purchase as provided herein, this grant for franchise s all 'terminate as of the date of the conclusion of such transaction. Section 5. That the , said: partnership shall, during the term o this franchise maintain in the City of Zephyrhills, Florida a cen= t al office, an automatic switchboard or switchboard and operators and s all provide for service throughout twenty-four (24) hours of each day. t they shall provide for at said -central office or exchange, or some o her designated premise •within said City, facilities for the receiving o payments of telephone,. bills and booth or booths for the making of 1 ng distance telephone calls. That this franchise shall not be ss3gh- a le by the partnership without the consent of the City Council. Section 6. That this franchise and all, the provisions 4.ereor w 11 be deemed to be void and of no effect unless the sald . Parner4iiP s all commence the construction of said telephone system on or beffore - t e 15th day of June, A. D. 1946, and shall offer telephone service t the citizens of Zephyrhills, Florida as herein set forth on or be f re the 15th day of April, L. D. 194?. Provided, however, that i the e ent. the Partnership shall be unable to commence or complete con truc- t on as herein required, because ,of circumstances beyond their co trol, t en this franchise will remain in full force and effect. Section 7. That the Partnership will furnish three (3) tale" _p ones for local, calls without rental or installation or' other charges, e cept long distance 'toll `charges, : which said telephones _ shall be semi- p blic pay telephones with unrestricted local service, to-wit: " one, for t e firs department of the' City, one for the city hall, and one f r .the po ce department of the said city. Section 8. If any part of this Ordinance shall by any co rt of competent jurisdiction be held to be unconstitutional, such ruling shall not affect the validity of the remainder of this , Or finance. This Ordinance shall_ become effective upon its adoption anL approval in the manner as prescribed by the City Charter of the Ci y of Zephyrhills, Florida. - i AT EST: __ ,r MAYOR _3 The foregoing Ordinance No. was read and passed on its first reading by the City Council of Zephyrhills, Florida, on th ® day of , A. D. 1946. AT ST: L 'R RP ESIDENT OF THE 0 I The foregoing Ordinance No. , 'was read and passed on its second reading by the City Council of Zephyrhills, Florida, on the j7 day of 1 , A. D. 1946. AT EST: 4 CLERK F "' PRESIDENT OF CITY CONCIL The foregoing Ordinance No. _, was read and passed ) on its third reading by the City Council of Zephyrhills, Florida, on they-� day of A. -D. 1946. AT EST: _____ / ;-a,.i Q __ CLERK PRESIDENT OF CY COUNCIL v Presented by: y .Councilman Approved as to form by-. I- �Ci Atto ACCEPTANCE O Fl NCNISE We the undersigned cc-partners doing husine.ss as I LRETT CO,V VJUNICATIONS CO. do hereby accept and agree to all of the terms and conditions set forth ii: the above and foregoing Ordin<:nce of the City of Zephyrhills, Florida, "ranting to the undersigned certain i i. ht:s, y: ri i1 eggs and franchises 1 o ' L!? -,,.r 1 (' rl i ' e j'7 0�e the City J of operation �.:1: �u ilSill.:".1 of t���7_ 01:_ S . i 1.i_ �� vl� Zephyrhills, Florida. IN WITNESS ,°-,HEREOF WE have hereunto set our hands and seals this JO day of !�'a�,„`� — A. D. 1946 s co- ar ner ing us a as JAR T COTTE!, ATIONS CO. a co-partners / 1 • S H Affidavit for Proof of Publication THE ZEPHYRHILLS NEWS Published Weekly Zephyrhills, Pasco County, Florida STATE OF FLORIDA, COUNTY OF PASCO: Before the undersigned authority personally appeared Oven E. gal ,who on oath says that he jllp}his__Edj,-tom -------------------- of The Zephyrhills News, a newspaper published at Zephyrhills in Pasco County, Florida; that the attached copy of advertise- ment, being a ,�Lo_tj`Q_s,_Qf-�'i.?. y__ rdiT1�I1Ce_____ - ------------------------------------------------------------------ in the matter of_--James and- JosePh Jarrett, ------------------------------ ------------- ---------------------- -------------------- in the -------------------------------------- Court, was published in said newspaper in the issues of__-_-__--- --------------------slurs 2 19M6------------------------- ------------------------- -------------------------------------- -------------------------------------- Affiant further says that said Zephyrhills News is a news- paper published at Zephyrhills, in said Pasco County, Florida, and that the said newspaper has heretofore been continuously published in said Pasco County, Florida, each week and has been entered as second class mail matter at the post office in Zephyrhills, in said Pasco County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of--s curing this ad ertisement for publics- Lion in the said news r. Editor Sworn to and subscribe fore me • this- .J d f--- - --- -------, 19 ----------- --- n-- 2r �,t,, Notary Public. (SEAL) tl©tary Fria fc, State of Florida at rarga, My commission expires _��V_u__T'sicn a�sires 5 pi. 25, 1946. �a�•r d by A uiicari 5niety CZ5T� It ! •