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O-134-44 ORDINANCE NO. 134 AN ORDINANCE AUTHORIZING THE SOUTHERN BELL TELEPHONE AND =GRAPH COMPANY TO USE THE PUBLIC STREETS OF MIAMI SHORES VILLAGE# FLORIDAt FOR THE PURPOSE OF ERECTINGv CON STRUCTINGs MAINTAINING AND OPI�RATING LINE; OF TKX?HONE AND TELEGRAPH THEREON AND THEREUNDER. BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 19 That permission be and the same Is hereby granted to the Southern Bell Telephone and Telegraph Company.. its successors and assigns, to construct, maintain and. operate lines of telephone and telegraph., including the necessary poles, conduits, cables., fixtures and electrical conductors upon, along, under and over the public roads, streets and highways of Miami Shores Village,, Florida, as its business may from time to time require, provided that all poles shall be neat and symmetrical. SECTION 2e That the work of erecting poles and con- structing underground conduits under this ordinance shall be done subject to the supervision of the Village, and the Company shall replace or properly relay and reapir any sidewalk or street that may be displaced by reason of such work., and upon failure of the Company so to do, after twenty (20) dayst notice in writing shall have been given by the Mayor of the Village to the Company, the Village may repair such portion of the sidewalk or street that may have been disturbed by the Company and collect the cost so incurred from the Company. SECTION 3. That in consideration of the rights and privileges herein granted, the Company, when requested by the Village, will designate and provide without cost to the Village . (1) on each pole owned and used by the Company hereunder and during its ownership and use thereof, either (a) space for a fixture for, or (b) space for a crossarm for, wires of the police and fire alarm signalling system of the Village, and (2) in each underground conduit owned and used by the Company hereunder and during its 2'-m ownership and use thereof, one duct for the cables of the police and fire alarm signalling system of the Village; provided, however, that no use shall be made by the Village of said space on such poles or of said duct which will result in interfering with or impairing the operation or use of the Company's property or service, or which will endanger, damage or injure the person or property of the public or employees of the Company or Village; and further in consideration of the rights and privileges herein granted, the Com. pany., when requested., will furnish to the Village for the use of its official and employees on municipal business, three (3) business individual line telephones, to be located at places to be designated by the Village, with Miami local exchange service therefrom and thereover, without charge to the Village; provided, however, that the telephones and service above mentioned are to be furnished under and subject to the usual rules and regulations of the Company,, including those applying to the use of such telephones for toll service, which said service is to be paid for by the Village at the regular and lawful rates of the Company therefor. SECTION 4e That the Company shall indemnify the Village against, and. assume all liabilities for, damages which may arise or accrue to the Village for any injury to persons or property from the doing of any work herein authorized, or the neglect of the Company or any of its employees to comply with any ordinance regulating the use ofthe streets of the Village, and the acceptance by the Company of this ordinance shall be an agreement by it to pay to the Village any sum of money for which the Village may become liable from or by reason of such injury* SECTION 5e The Company shall file with' the Village Clerk of the Village its acceptance of this ordinance within sixty days from the date when it shall take effect. SECTION 69 Nothing in this ordinance shall be con- strued as a surrender by the Village of its right or power to pass ordinances regulating the use of its streets. 3 SECTION Ve This ordinance shall be in. force and effect for a term of thirty (39) years from and after its .passage,, and the Village 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 Miami Shores Village,, Florida, the right, at and after the expiration of such term, to purchase the telephone and telegraph plant or other property in said Village used under or in connection with this grant.. or such part of such property as the municipality may desire to purchase at a valuation of the property, real and personal, desireds .whieh valua- tion shall be fixed by arbitration, as may be provided by law; and the acceptance of this ordinance shall operate as a grant by the said Company to *the Village of said right to purchases PASSED AND ADOPTED THIS day of. SEPTEMBERv A. D. 1944. MAYOR ATTEST: � T1lld*Se Manage5Kand Cler� SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY INCORPORATED HURT BUILDING ATLANTA,GEORGIA OFFICIAL 8600 FRF-0 J.TURNF-R VICE-PRESIDENT TO TIM VILLAGE CLERK OF MIAMI SHORES VILLAGE, FLORIDA Pursuant to Section 5 of an ordinance adopted by Miami Shores Village , Florida, and approved by the Mayor, on the 12th day of September: 1944, entitled: "All ORDIaNCZ; Authorizing the Southern Bell Telephone and Telegraph Company to use the public streets of Miami Shores Village, Florida., for the purpose of erecting, constructing, maintaining and operating lines of telephone and telegraph thereon and thereunder- " the Southern Bell Telephone and Telegraph Company hereby files with the said Hiami Shores Villages Floridax its acceptance of said ordinance. EXECUTED this the 22nd day of September.1944. SOUTHER1,1 BELL TLILPHONE AND TELEGRAPH 0010ANY ice President 3a - 4*f AN ORDINANCE Authorizing the Southern Bell Telephone and Telle- graph Company to use the public streets of Miami Shores Village., Florida,, for the purpose of erect- ingp constructing, maintaining and operating lines of telephone and telegraph thereon- and thereunder. Section 1. BE IT ORDAINED by Miami Shores Village., Florida., that permission be and the same is hereby granted to the Southern Bell Telephone and Telegraph Companyp its successors and assigas, to construct, maintain and operate lines of telephone and te2_e- graph., including the necessary poless condaitsp cableso fixtures and electrical conductors uponp along, under and over the public roads, streets and highways of Miami Shores Village., Florida,, as its business may from time to time require.9 provided that all poles shall be neat and symmetrical. Section 2. The work of erectIng poles and constructing underL ground conduits under this ordinance shall be done subject to the --,., supervision of the Village, and the Company shall, replace or prop- erly relay and- repair any sidewalk or street that may be .displaced by reason of such work, and upon failure of the Company so to do, after twenty (20)days' notice in writing shall have been given by the Mayor of the Village to the Companys the Village may repair such portion of the sidewalk or street that may have been disturbed by the Company and collect the cost so incurred from the Company. Section 3. In consideration of the rights and privileges herein 'granted., the Company., when requested by the Village., WiT, designate and provide without cost to the Village (1) on each pole owned and used by the Company hereunder and during its ornership and use thereof, either (a) space for a fixture for, or (b) space for a crossarm for., wires of the police and fire alarm signalling system of the Villageo and (2) in each underground conduit owned and used by the Company hereunder and during its ownership and use thereof, one duct for the cables of the police and fire alarm sig- nalling system of the Village; provided, however,, that no use shall be made by the Village. of said space on such poles or of said duct which will result in interfering with or impairing the operation or use of the Company's property or service, or which will endanger, damage or injure the person or property of the public or employees of the Company or Village; and further in consideration of the rights and privileges herein granted, the Company, when reqaestedy will furnish to the Village for the use of its officials and employees on municipal businessp three (3) business individual line telephonesp to be located at places to be designated by the Village, with Miami local exchange service therefrom and thereover., without charge to the Village; provided2 howeverp that the telephones and �­,, ., service above mentioned are to be furnished under and subject to 'the usual rules and regulations of the Company,, including those applying to the use of such telephones for toll service., which said service is to be paid for by the Village at the regular and lawful rates of the Company therefor. Section 4. The Company shall indemnify the Village against,, and assume all liabilities for., damages which may arise or accrue to the Village for any injury to persons or property from the doing of any work herein authorized, or the neglect of the Company or any of its employees to comply with any ordinance regulating the use of the streets of the Village., and the acceptance by the Company of this ordinance shall be an agreement by it to pay to the Village any sum of money for -which the Village may become liable from or by reason of such injury. Section 5. The Company shall file with the Village Cleric of the Village its acceptance of this ordinance within sixty days from the date when it shall take effect. Section 6. Nothing in this ordinance shall be construed as a surrender by the Village of its right or power to pass ordinan- ces regulating the use of its streets. Section 7. This ordinance shall be in force and effect for a term of thirty (30) years from and after its passagep and the Village 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 jAiami Shores Villageo Florida, the right, at and after the expiration of such term, to purchase the telephone and telegraph plant or other property in said Village used under or in connection with this grant., or such part of such property as the municipmlity may desire to purchase at a valuation of the property, real and personalp desiredg mhich valuation shall be fixed by arbitration, as may be provided by law; and the accept- ance of this ordinance 'shall operate as a grant by the said Company to the Village of said right to purchase. I J, J. Village Clerk,9 hereby certify that the above is a true and correct copy of an ordinance passed at a meeting of the Mayor and Council of Miami Shores Village, Florida., held on the day of 1944. Village Clerk .APPROVED: Mayor [VILLAGE SEAL]