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HomeMy WebLinkAbout209 Franchise - General Telephone ORDINANCE NO. 209 AN ORDINANCE GRANTING TO GENERAL TELEPHONE COMPANY OF FLORIDA, A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO USE AND OCCUPY THE STREETS AND PUBLIC PLACES OF THE CITY OF ZEPHYRHILLS, FLORIDA, IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A TELEPHONE SYSTEM WITHIN THE CORPORATE LIMITS OF SAID CITY AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID RIGHTS, PRIVILEGES AND FRANCHISE MAY BE EXERCISED. Be It Ordained by the City Council of the City of Zeph r- a hills, Florida, as follows : SECTION 1. That the City of Zephyrhills (hereinafter referred to as the "City") hereby grants to General Telephone Company of Florida (hereinafter referred to as the "Company"), a corporation organized, existing and doing business under th Laws of the State of Florida, its successors or assigns, the right, privilege and franchise for the period of fifteen (15) years from the effective date of this ordinance, , to lay, erec , construct, operate and maintain in, on or upon any and all of the streets, alleys and other public places within the corporate limits of- the City, as the same now exist or may hereafter be extended, any and all such conduits, cables, poles, wires, supports and other structures and facilities as may be necess ry for the construction, operation and maintenance of _a telephone system in the City. SECTION 2. That the rates, rentals and hire to be ch rged by the Company for the use of its facilities and for service re-ndered by it under this grant and franchise within the corp rate limits of the City shall be such rates, rentals and charges a now are or may hereafter be fixed and established by the Public Service Commission of the State of Florida or - by such other r gu- latory body as may hereafter be designated pursuant to the La s of the State of Florida. F t SECTION 3. That the Company, its successors and assig s, shall pay to the City, as consideration for the grant of this franchise, one per cent (1%) of its gross service revenues de- rived during each quarter of the calendar year from customers located within the corporate limits of the City. Such considera- tion shall be payable not more than thirty (30) days after the end of each such quarter. If the Company agrees to pay, or ac- quiesces in any ordinance requiring the payment or is otherwise required to pay to any other municipality more than one percen (1%) of its gross local service revenues as consideration for franchise, which overage is not passed on to the Company' s sub- R scribers located in such municipality, the Company shall, on t e effective date of such payment, also begin paying such greater percentage to the City. SECTION 4. That the Company shall indemnify and hold harmless the City against and from any and all claims and caus s of action of any person for personal injury or property damage resulting from any negligent act or conduct on the part of the Company in the performance of- its activities under this grant. The City, in the improvement and maintenance of City rights-of-way, shall use reasonable care not to damage the facilities of the Company occupying such rights-of-way and so long as the City uses such care it shall not be liable to the Company for any Adamage to the facilities of the Company in such rights-of-way. SECTION 5. Before the Company shall install additional facilities in any City right-of-way, it shall notify the City Building Inspector of its intention to make such installation and shall obtain a permit from the City Building Inspector cover— ing such installation, which permit shall not be unreasonably withhold. 2. SECTION 6. That the City shall have the right, and the Company, as a condition precedent to the taking effect of this grant, shall give and grant to the City the right, at and after the expiration of this franchise, to purchase the tele- phone system installed and operated under this grant or other property used by the Company within the limits of the City under or in connection with this franchise or right, or such part of said property as the City may desire to purchase, at a valuation of such property, real and personal, desired, which shall be fixed by arbitration as may be provided by law, if the Compan and the City Council of the City shall be unable to arrive at a valuation agreeable to both parties. SECTION 7. That all ordinances or parts of ordinance in conflict with the terms of this ordinance be and the same are hereby repealed. SECTION 8. That the Company shall signify its accept- ance of the franchise hereby granted in writing within sixty (60) days from the effective date of this ordinance. The foregoing Ordinance No. 9.07/ was read and passed on its first reading by the City Council of the City of Zephyl - hills, Florida, on the •�.�0 day of , 1973. President of City Council Attest : C y Clerk The foregoing Ordinance No. was read and passed -on its second reading by the City Council of the City of Zephyr- hills, Florida on the day of __ __ _, 1973. President of 'city Council Attest : Clerk 3. The foregoing Ordinance No. 9 was read and passed on its third reading by the City Council of the City of Zephyr- - -hills, Florida, on the 9 day of , 1973. T. President of ity Council Attest : ty Clerk The foregoing Ordinance No. approved by me this /c), V day of , 1973. Mayor ti22i - 4. ACCEPTANCE OF FRANCHISE BY GENERAL TELEPHONE COMPANY OF FLORIDA General Telephone Company of Florida, the corporation named in and to which a franchise was granted by Ordinance passed by the City Council of the City of Zephyrhills , Florida, on July 9, 1973, hereby accepts the franchise thereby granted, ,on the condition that the consideration contemplated by Section i 3 thereof is predicated on a percentage of gross local service revenues . This the 22nd day of August , 1973 . • I GENERAL TELEPHONE COMPANY OF FLORIDA W. A. McCullour, Vice President I THIS IS TO CERTIFY THAT ORDINANCE NO. 209 AS BEEN POSTED IN TWO PUBLIC PLACES, NAMELY, THE CITY HALL AND THE U. S. POST OFFICE FOR A PERIOD OF FIFTEEN DAYS. THE ORDINANCE WAS POSTED. IN THE CITY HALL AND U. S. POST OFFICE ON Jul 10 ^, 19 7 AND REMAINED POSTED IN SAID CITY 1 l ALL AND U. S. POST OFFICE UNTIL July _F, , 19_ _x. T CLERK JZEPHYRHILLS, FLORIDA. . i j Y