Loading...
HomeMy WebLinkAbout106/103 TELEPHONE FRANCHISE JO(7 ORDINANCE NO. ) ---AN ORDINANCE OF THE CITY OF ZEPHYRHILLS FLORIDA, GRANTING TO ZEPHYRHILLS TELEPHONE COMPANY, INC. A CORPORATION ORGANIZED AND EXISTING UNDE1 THE LAWS OF THE STATE OF ( j FLORIDA, CERTAIN RIGHTS AND PRIVILEGES AND FRANCHISES FOR THE OPERATION AND FURNISHING OF TELEPHONE SERVICE IN THE CITY OF ZEPHYR- HILLS FLORIDA, AND PROVIDING FOR THE TERMS AND CONDITIONS UNDER WHICH THIS FRANCHISE IS GRANTED. WHEREAS, the City of Zephyrhills, Florida, granted 'to James Jarrett, and Joseph T. Jarrett co-partners doing business as Jarrett Communications Company:, a partnership, the right, pr 'vileg and franchise to construct, own, maintain and operate a general telephone business on June 17, . 1946, by adopting Ordinance N . 88, and WHEREAS, James Jarrett and Joseph T. Jarrett, have organ sized a corporation under the Laws of the State of Florida fo the I � operation of said business in order that the citizens of Zephyr- hills may enjoy modern and improved telephone service, and WHEREAS, James Jarrett and Joseph T. Jarrett have trans- ferred and assigned all the right, title, interest and property of Jarrett Communication Company 'to Zephyrhills Telephone Compa y, Inc. , in exchange for all of the Common Stock of said corporation; NOW THEREFORE BE IT ORDAINED by the City Council o Zephyrhills , Florida, Section 1. That Zephyrhills Telephone Company, In . , and their successors be, and they are hereby granted the right , power, authority, privilege and franchise to build, construct, equip, own, maintain and operate in the City of Zephyrhills , Florida, • wires , lines, poles, arms, appurtenances , conduits and f ixtuIes, t conduct a telephone business and exchange, the right, authority, power, privilege to use all streets, alleys, and the said to ephon company may use other, public grounds of the City now owned, esig- nated or hereafter acquired., if the same be necessary or advisable in the operation of their business after applying for and acquirin the consent of the City Council so to do, subject to such re�tric- tions hereinafter contained or prescribed by law, for the purpose I ! of erecting and maintaining poles , constructing lines and conduits operating telephone lines, a telephone system, telephone exchange, or doing any of the things herein authorized, granted or empowered the right to buy, purchase, lease, erect, equip, maintain,own or operate such plants , machinery, equipment or buildings as are nec- essary to maintain and operate such telephone lines , telephone system or exchange; the right to buy, hold, own or lease any and all real estate necessary to conduct such business; the right to furnish telephone service to the people, firms , and corporations of the City; the right to connect with other telephone lines withir. the City; the right to own and conduct a rural telephone exchange or system; the right to do switching for any person, firm, or corporation, the right to conduct a telephone toll business; to furnish telephone power and service to any person, firm or corpor- ation and to have such other and further rights as are usual y granted to and enjoyed by telephone companies for a period of twenty years from the date of the enactment of this ordinance sub- ject to the provisions hereinafter contained. Section 2. Said poles, wires , cables , conduits, bracket , etc. , shall be erected and placed in the alleys whenever prcti- cable and none of the same shall be erected on any business street except when reasonably necessary, after securing the consent of the City Council so to do. All of the aforesaid shall be erected, placed and main- tained in a safe, workmanlike manner commensurate with generally accepted telephone installation and maintenance standards . All streets, sidewalks , gutters and other property of the City damaged in the installation of the aforesaid shall be repaired with 11 reasonable dispatch. Zephyrhills Telephone Company, Inc. , shall hold. th City free and harmless from all damages, costs and expense that may ari e by reason of the negligence, carelessness or misconduct of its officers , agents or employees of said company in erecting maintain ing or operating the aforesaid. Said officers , agents and employe s 2. are hereby authorized and empowered to trim, at their own expense, the trees extending into any street, alley or public ground t prevent the limbs or branches from interferring with or damaging their wires. Section 3. That the rents , rentals, and tolls to be charged by the said company for telephone service rendered shall be such rents, rentals and charges as shall be established in pur- suance of the Laws of the State of Florida in such cases made and provided. Section 4. That the company and its successors shall have the right and option to extend the terms of this franchise fo an additional five year period provided written notice thereof is presented to the City within sixty days before the expiration of this franchise, and provided further that this option shall be subject to the prior option of the City hereinafter set fort 1a. In the event the City does not exercise its option as hereinafter set forth, and in the event the company has elected to exercise its option last above mentioned, the company and its suc- cessors shall have the further right and option to extend the terms of this agreement for an additional five year period pro.. vided that the City has not elected to exercise its prior option as hereinafter set forth. Section 5. That the City shall have the right and optio to cancel this franchise and purchase all of the property of the company at the end of the franchise period or any extension there f at a price to be agreed upon as hereinafter set forth by giving t the company notice of its intention so to do six months prior to the expiration of any term herein mentioned. After the City has given notice to the company of its intention to purchase tis property as herein provided, the compan and the City shall within thirty days each select two representa- tives , all four of which shall select a fifth qualified and im- partial representative, who shall act as a board to appraise, 3. evaluate, and fix the value of the property of the telephone; company. Within four calendar months after said price has been determined by the board the telephone company shall execute all necessary papers , documents and instruments transferring and con- veying all of said property to the City, and simultaneously the City shall pay the purchase price thereof as fixed by said board to the company at which time this agreement shall cease and termi nate and be of no further force and effect. Section 6. That .the company shall furnish the City of Zephyrhills three telephones which shall be installed without expense to the City, and the City shall not be charged a monthly rental therefor. Said telephones shall be installed one each at the City Hall, Police Department and Fire Departn nt. Section 7. If any part of this Ordinance shall by any court of competent jurisdiction be held to be unconstitutional, such ruling shall not affect the validity of the remainder of thi Ordinance. Section 8. That the said telephone company does hereby covenant and agree that they will,4rovide with all reasonable speed to install a dial telephone system within the City of Zephyrhills and will - secure the equipment and install the same with all reasonable speed, and shall have the same installed on or before December 31, 1953, unless prevented by acts of God or Government regulations which would prohibit or restrict the furn� ishing of all materials for such change or other causes beyond its control, but in the event that the same is not installed by said date that this Ordinance shall be null and void and of no effect, unless further extension thereof be given by the City Council of the City of Zephyrhills . Section 9. The City of Zephyrhills shall in no event be liable to the said telephone company for any damage or ix jury done to any of its equipment in the carrying on and the conluctin of the affairs of the City by the grading, improvement or altera- tion of any streets, alleys or thorofares or in any manner hatso ever, provided however that the City shall at all times use all L. reasonable care and caution to avoid any damage or injury to any of the equipment of the said telephone company This Ordinance shall become effective upon its adoption and approval in the manner as prescribed by the City Charter of th City of Zephyrhills , Florida. CITY OF ZEPhYRHILLS, FLORIDAi ByaGPL Attest: Mayor ty Clerk The foregoing Ordinance No. was read and passed on its first reading by e City Council of Zephyrhills , Florida, on the r day of � , 1952,.' President of City Council I Attest: ity Clerk The foregoing Ordinance No. was read and passed on its secon reading byrt ie ity Council of Zephyr1 ..ls , Florida, on the J day of ys , 1952. President of City Council Attest:• ity Clerk The foregoing Ordinance No. was read and passed on its third reading by t Ci y Council of Zephyrhi]jls , Florida, on the /2 day of 7 , 1952. President of City Council Attest:; - lty C�k Presented by: City Councilman Ap rov as form by: City ttor ey 4, - I, JOHN PHILLIPS, JR. , as City Clerk of the City of Zephyrhills do hereby certify that a py of J above Ordinance was posted at the C 'ty Hall and at on the -/ day of --1952, and tha he same rem, need posted at each of said races until the l • day of 'IZ 1952. y Clerk