O-381-74 ORDINANCE NO. 381
AN ORDINANCE AUTHORIZING THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE
THE PUBLIC STREETS OF MIAMI SHORES VILLAGE,
FLORIDA, FOR THE PURPOSE OF ERECTING, CON-
STRUCTING, 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 Company, its successors and assigns, to con-
struct, 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 reads, 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 2. The work of erecting poles and constructing under-
ground conduits under this ordinance shall be done subject to the supervision of
the Village, and the Company shall replace or properly 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 days' 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. In consideration of the rights and privileges
herein granted, the Company shall pay to the Village annually a sum equal to
one per cent (1%) of the gross receipts of the Company from rentals derived
from telephones in use within the corporate limits of the Village, provided that
there shall be credited against such sum the amount of all taxes, licenses,
fees and other impositions (except ad valorem taxes and amounts for assessments
for special benefits, such as sidewalks, street pavings and similar improvements)
levied or imposed by the City upon the Company's property, business or oper-
ations and paid during the preceding fiscal year as defined herein. Payment
shall be made to the Village for each of the years that this ordinance is in
effect and shall be based on the receipts of the Company for the preceding
fiscal year. For the purposes of this payment, such fiscal year shall end on
the last day of the month in which the ordinance becomes effective. Payment
shall be made within six (6) months of the end of such fiscal year.
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 Clerk 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 ordinances 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 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,
desired, which valuation 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 purchase.
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PASSED on first reading this Znd day of July, 1974.
PASSED and ADOPTED on second reading this 16th day of
July, 1974.
ATTEST: Mar
Village Clerk
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