0260 (Telephone Franchise)ORDINANCE NO. 260
AN ORDINANCE GRANTING TO INTER - COUNTY TELEPHONE
& TELEGRAPH COMPANY, A FLORIDA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, RIGHT, PRIVILEGE AND
FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE
TELEPHONE, TELEGRAPH AND TELEPHONIC RADIO AND
OTHER TYRES OF COMMUNICATION SYSTEMS IN THE CITY
OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA,, FOR A
PERIOD OF THIRTY YEARS FROM THE EFFECTIVE DATE
HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA:
Section 1. That there is hereby granted to INTER - COUNTY TELEPHONE &
TELEGRAPH COMPANY, a corporation organized and existing under the laws of Florida,
its successors and assigns (hereinafter called "Grantee "), the right, privilege,
and franchise (not exclusive) for a period of thirty (30) years from and after the
effective date of this ordinance to construct, maintain and operate a communications
system or systems in, over, upon, under and across the present and future streets,
alleys, avenues, easements for public utilities, highways, bridges and other public
places in the City of Okeechobee, Florida, and any and all necessary telephone, tele-
graph, telephonic radio and other methods and means of communication, together with
all necessary or desirable poles, towers, cables, wires, transmission lines, and all
necessary or desirable appurtenances thereto, for the purposes of supplying telephone,
telegraph, telephonic radio, or other means of communication services to said City,
and its successors, the inhabitants thereof, and the persons and corporations beyond
the limits thereof, for domestic, commercial and other purposes.
Section 2. This grant is made in consideration of the construction, main»
tenance and operation of telephone lines or other facilities as now existing by the
Grantee as heretofore existing and as herein provided for and for the benefits and
conveniences of the inhabitants of the said City as a result thereof.
Section 3. As a further consideration for the granting hereof, the Grantee
agrees to furnish to the City of Okeechobee and maintain telephones as follows:
(a) Three telephones for the Fire Department to be located within
the City of Okeechobee in locations to be designated by the Chief of the Fire Depart-
ment; an additional phone for this purpose to be furnished upon demand of the City
Council; all of such phones to be without cost to the said City; and so installed
as to be in parallel operation, one of which shall be placed in the City Power Station
which will operate on a 110 volt 60 cycle A C Commercial current with a distinctive
alarm from any other phone in such power station, the mechanical details of such
installation to be worked out by the Chief of the Fire Department of the said City
and the engineers of the Grantee.
(b) Three telephones for the Police Department to be placed in
locations designated by the Mayor and two additional such telephones to be installed
and placed upon demand by the City Council; all of such phones to be without cost
to the City of Okeechobee and to be parallel operation with distinctive alarms.
(c) The number of telephones in paragraphs (a) and (b) above shall
each be increased, one phone for each one thousand increase in population of the City
of Okeechobee over its present population and such increased phones shall be without
cost to the City of Okeechobee; and the telephones provided in paragraphs (a) and (b)
shall be placed in operation coincident with the change from the present system to the
new automatic system.
(d) Three telephones shall be furnished to the City of Okeechobee
for which the City shall pay one -half of the rental charge; one of such telephones
to be located in the office of the City Clerk, one to be located in the City Power
Station and one to be located in the City Warehouse.
Section 14. Grantee shall hold the City harmless from all damages or claims
arising by reason of the construction or the negligent maintenance of said poles,
lines or equipment.
Section 5. Poles, towers and wires shall be located so as to interfere as
little as practicable with normal use of said streets, avenues, alleys, highways,
bridges and other public places in the City of Okeechobee, and so as to preserve
reasonable means of egress from and ingress to abutting property.
The location or relocation of poles, towers and conduits of Grantee
may be approved by the City's lawfully constituted authority and so as not to reason-
ably interfere with the proper operation of Grantee's lines and services and relocation
of any pole or poles may be ordered for the reasonable convenience of the City or its
inhabitants; and the relocation of any pole or poles so ordered shall be under the
direction and supervision of the City's lawfully constituted authority together with
the local manager of the Grantee.
Grantee shall properly replace or repair any sidewalks, or street
that is displaced, destroyed or damaged by the Grantee in construction of its said
poles, lines or conduits; and upon failure to do so after twenty days notice in writing,
shall have been given by the duly constituted authority of the City to the said Grantee,
the City may repair the same at the cost of the Grantee.
Section 6. The City of Okeechobee reserves to itself the rights and
powers embraced within Section 167.22, Florida Statutes, 1941, and also Section
167.43, Florida Statutes, 1941, annotated. The Grantee grants to the City of
Okeechobee the rights and powers embraced within Section 167.22, Florida Statutes,
1941. The City of Okeechobee reserves to itself, and the Grantee shall be subject
to the provisions of Sections 167.23 through Section 167.27, Florida Statutes, 1941.
Maximum rates to be charged by Grantee are hereby fixed as those rates which, from
time to time, may be fixed and determined by the Florida Railroad Commission or any
other duly constituted public body charged with the fixing and regulating of rates
for such service.
Section 7. The cutting and trimming of trees upon the streets and alleys
of the City of Okeechobee by the Grantee shall be under the supervision of the properly
constituted City authority; and all debris from such trimming and cutting shall be
removed by the Grantee.
Section 8. This franchise and grant to the Grantee as provided herein is
made with the understanding that the Grantee plans to replace the present manual
central office equipment and telephones in Okeechobee with automatic central office
equipment and dial telephones, the Grantee hereby agreeing as part of the consideration
herefor to make such installation and complete the same within eighteen (18) months
from the effective date of this Ordinance, subject, however, to strikes, inability to
secure necessary material and equipment, acts of God and other matters over which
the Grantee has no control.
Section 9. This Ordinance shall take effect as soon as it shall have been
duly passed and adopted, as required by law and accepted by the Grantee.
Section 10. All ordinances and parts of ordinances in conflict herewith
be and the same are hereby repealed.
Passed, adopted and approved in regular session after all prerequisite
reading and formalities on this the S day of / / , 195q..
>
President and Member of
the City Council.
City Clerk of the City of Okeechobee, Okee-
chobee County, Florida, do hereby certify that the foregoing Ordinance on third and
final reading was passed and adopted by the City Council of the City of Okeechobee
at regular session held on the .54. day of
by the affirmative vote of a
majority of the City Council of the City of Okeechobee, Okeechobee County, Florida,
if of said Councilmen voting for its passage and o of said Councilmen
voting against its passage, and upon such vote the President of the Council declared
said Ordinance to be passed and adopted.
In Witness Whereof I have hereunto set my hand and official seal of the
City of Okeechobee, this the 5 day of
11954.
City C r
Presented to the Mayor under certificate and seal of the Clerk, and duly
approved, ill511 S , 1954+
Accepted this s-4.- day of
INTER - COUNTY TELEPHONE & TELEGRAPH COMPANY
(Official Seal )
(Inter- County Tele -)
(phone & Telegraph )
(Company )
Corporate Seal
doi-t- t- 4--4-a-
County, Florida, do t% reby ce
the original ordinance passed
of the City of Okeechobee.
WITNESS my hand and seal
, 195..
Mayor, City of Okeechobee, Florida
1954..
, City Clerk of the City of Okeechobee, Okeechobee
ify that the foregoing is a true and correct copy of
by the City Council and recorded in the Ordinance Book
of the City of Okeechobee, this the -5.1? day of
City Cle