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0029 (Franchise)ORDINANCE Granting certain rights, franchises and privileges to the Okeechobee Telephone Company, a Florida copern, having its principal office and place of business in Okeechobee City, St. Lucie County, Florida. B IT ORDAINED BY THE CITY COUNCIL OF OKEECHOBEE CITY: Section One: The City of Okeechobee hereby grants unto the Okeechobee Telephone Company, a'Florida cannern, having its principal office and place of business at Okeechobee City, St. Lucie County, Flori eta and to 1's successors and assigns, the right, privilege, concession and franchise of establishing, installing, and operating a telephone system in the said City of Okeechobee. Sectiod Tko: For the purpose provided in hereof, the Okeechobee Telephone Company, and assigns are 110reby empowered and duly Section One a • its successors authorized to erect and maintain upon all of the public streets, alleys, highways, and public grounds of the said City, poles or posts of wood or other suitable material, and to attach thereto telephohe wires and other appliances necessary and convenient for the tImphone exchange with such currents convenient for the operation of a system of telephones and in said. City, a1,11 to charge said wires of electricity as shall be necessary or transmission of telephone communication. Section Three: The Okeechobee Telephone Company, its successors and assigns are authorized and empowered to fix such rates for the use, rent or hire of telephone instruments, or for telephone servioe, as they shall • reasonably deem it proper to do; PROVIDED, that they shall not charge a higher or greater rate for any single residence instrument than Six (6.00) Dollars'quarterly, or fox any single business instrument than Nine (9.00) quarterly Dollars quarterly, and One (41.00)/additional for each additional connection or instrument placed in the same residence or business hotse, for the same person, and with the same directory call-number. The said Company, its succ- essors and assigns, may charge a maximum of ten cents for each call made on a public telephone. The said Company its successors and assigns may charge to each subscriber the reasonable costs of disconnection of instruments, such charge not to exceed One (1.00) Dollar for each disconnection. This clause as to rates and charges has reference only to local or intra-city rates and charges. Section Four: The said Company, its successors and assigns, shall furnish to the City of Okkechobee all such telephones as the City shallalesire for the transaction of its public(-mw at the same price and charge as the then current rate for residence instruments. Section Five: This grant and franchise shall remain in force and effect for the term and period of -thirtyyears from the date of taking effect of this Ordinance. Section Six: At the expiration of the term of this franchise, or at any time thereafter, the City may purchase the telephone plant of the said Company, its successors or assigns, or such part of such property as the Municipality may desire to purchase, at a valuation of the property, real andTersonal, desired, which valuation shall be fixed by arbitrations as may be provided by law. Section Seven: The Company, its successors and assigns, may use and operate the said telephone system and exercise the franchises and powers hereby given, in connection as well with out -of -town subscribers and connections and lines, systems. or wires, as with local exchange. Section Eight; The City Council of the City of Okeechobee shall be authorized to designate the kind of telephone poles to be used and the places where the same are to be erected, Section Nine: It is an essential condition of the effective- ness of this franchise ordinance, that the Okeechobee Tele- phone Company deposit with the City Clerk, before the passage of this ordinance, a certified cheque, in the amount of One Hundred Dollars, payable to the order of the City of Okeechobee, as an evidence of its good faith in applying for this franchise. The passage of this ordinance shall be conclusive proof of such deposit. If, within sixty days of the approval of this ordinance, the Okeechobee Telephone Company, its successors or assigns, shall have caused labor to be done and equipment to be installed,to an aggregate cost value of One Hundred Dollars, in connection with the putting in operation of to system provided for by this ordinance, then the City shall, upon demand by the Company, return to the Company the amount of the said cheque. If otherwise - that is to say: if developement work to said extent shall not have been done - then the City shall retain the amount of the cheque, and all rights hereunder shall cease. Section Ten: It is also an essential - condition of the continued effectiveness of this franchise that a connecting line for telephone communication between the City of Okeechobee and the City of Port Pierce shall be constructed and in operation with- in six months from the date of approval of this ordinance by the Mayor, and shall be maintained and operated during the life of this Franchise, intermissions from strikes, break- downs, or other unavoidable Causes excepted, else the Franchise hereby granted shall cease and determine and become forfeited. Section 71even: The Okeechobee Telephone Company at the present time is a firm composed, controlled, conducted and owned solely by R. T.;,cLnughlin, of Fort Drum, Florida. The term T1successorsn as used in this ordinance shall be held to include the legal representatives and distributees of the said R. E. McLaughlin, and his future co-partners, and those hereafter acquiring rights in the property of the said Company under him by assignentt or otherwise. Section Twelve: All ordinances and parts of ordinances in conflict herwith are hereby repealed. Section Thirteen: This ordinance and franchise shall take effect from the Passed time of its approval by the ;Mayor, F/7 Uity Seal) iv 1 ptesident Okeechobee Approved this /6 f he City. As Mayor o City Council, AVAminr Okeechobee City. Acceptedthis Okeechobee on Company ny 4_,takt