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O-55-140 ORDINANCE NO. / 10 . AN ORDINANCE GRANTING TO THE FLORIDA TELEPHONE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE ALONG ANY STREETS, AVENUES, ALLEYS AND PUBLIC PLACES WITHIN THE CITY OF CLERMONT, FLORIDA, FOR THE PURPOSE OF CONSTRUCTING, MAIN- TAINING AND OPERATING A TELEPHONE SYSTEM IN SAID CITY, AND PRESCRIBING THE CONDITIONS AND TERMS UNDER WH]CH SAID FRANCHISE SHALL BE EXERCISED. BE IT ENACTijD ~ ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA: SECTION 1: The City Council of the City of Clermont, Florida, does hereby give and grant to the Florida Telephone Corporation, a Florida corporation organized and existing under the laws of the State of Florida, its successors and assigns, the right to construct, maintain and operate a tele- phone system in the City of Clermont, and along and across the streets, avenues, alleys and public places belonging to the City of Clermont, Florida, for a period of thirty (30) years. SECTION 2: This franchise is granted upon the condi- tion that upon the expiration of twenty (20) years from the effective date of this franchise the City of Clermont shall have the option and right, at its election, to purchase the said telephone system or other property used under or in conn- ection with this franchise or such part of such property, real and personal, as the City may desire to purchase, at a valuation, which valuation shall be fixed by arbitration as may be provided by law. Should the option to purchase the said telephone system, together with all of the property used under or in connection with this franchise, real and personal, be exercised by the said City, then this franchise, upon the payment of the purchase price for said system and property purchased hereunder, shall cease to exist. The City of Clermont shall be deemed to have exercised its option to purchase when it shall have presented to the Florida Telephone Corporation, its successors and assigns, at its general offices in the City of Ocals, Florida, written notice of its purpose to exercise its option at least ninety (90) days prior to the expiration of the said twenty (20) year period, if such be exercised to be effective at that time, fail- ing which said option expires. The City of Clermont shall also have a like option and right and under the same terms and con- ditions upon the expiration of the term of this franchise, to purchase said telephone system and the purchase price of such property so purchased shall be determined in like manner, if such be exercised to be effective at that time, failing which said option expires. . SECTION 3: This franchise is granted subject to all rules and regulations now in effect governing the construction, maintenance, operation, expansion, control and regulation of telephone companies according to the laws of the State of Florida, and the location of all poles and underground cables shall be made with the approval of the street committee of the City Council of the City of Clermont, and such location shall be made by the said Corporation so there will be no interference with other public uses of the said streets, avenues, alleys and public places within the said City of Clermont. Whenever, in view of the necessity of moving a building or other structure along a street or alley within said City of Clermont, the said j 1 , " . City of Clermont shall serve notice in writing of such requirement to the Florida Telephone Corporation, its successors and assigns, at its general offices in the City of Ocala, Florida, the said Corporation shall move such poles and wires as may be necessary, providing the owner or mover of the said building or structure so to be moved shall first deposit with the Corporation an amount equal to the cost of moving and replacing such poles and wires as estimated by the Corporation. Any amount unex- pended in making such alterations shall be returned to· the person making such deposit. SECTION 4. The Florida Telephone Corporation, its successors and assigns, shall at all times during the term of this franchise hold the City of Clermont free and harm- less from all liability an~ damages to persons or property on account of the construction, maintenance and operation of the said telephone system. SECTION 5. The said City of Clermont shall be allow- ed free use of the said poles within the corporate limits of Clermont for the erection and maintenance thereon of a fire alarm system at all times during the term of this franchise, provided said fire alarm system does not inter- fere with the proper maintenance, construction and opera- tion of the telephone system for which said poles are intended. . SECTION 6. The work of erecting poles and construct- ing underground cables under this Ordinance shall be done subject to the supervision of the City, and the Corporation shall replace any sidewalk or street that may be displaced by reason of such work, and upon failure of the Corporation so to do after reasonable notice in writing shall have been given by the City to the Corporation at its general office in the City of Ocala, Florida, the City may repair such portions of the sidewalk or street that may have been dis- turbed by the Corporation, and collect the cost so incurred from the Corporation. SECTION 7. In consideration of the rights and privileges herein granted, Florida Telephone Corporation will furnish to the City, for the use-Rf its officials and employees on municipal business, two ~) business individual line telephones, excluding extensions, switches, gongs, or other miscellaneous equipment, the above business individual line telephones being a part of the present facilities now used by the City, without charge to said City for local ex- change service and provided that the telephones above men- tioned are to be furnished under and subject to the usual rules and regulations of the Corporation, including those applying to the usual rules and regulations of the Corporation, including those applying to the use of such telephones for toll or long distance service, or for moves or rearrangements of facilities which said service is to be paid for by the City at the regular and lawful rates of the Corporation therefor. SECTION 8. No action shall be taken under this Ordin- ance by the City of Clermont relative to the rights and privi- leges granted hereunder until and after said City shall have given written notice to the Florida Telephone Corporation at its general office in the City of Ocala, Florida, of any basis, _?- ·íiiõ:>. "';íi, .. , ~ -:.. '.,' \ ,...;'-¡ actual or alleged, on which such proposed action is contemplated, and until said Florida Telephone Corpora- tion shall have had, after receipt of said notice, reasonable opportunity to comply with and remedy any such situation complained of. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PASSED at a,v' fl/JJoúl1'L/t: A Meeting of the City Council of the City of Clermont, held in the Council Chamber on the /7 day of /9- y A. D., 1955. -------- President 5 ,. - - - - - - - - - - - - - - - - ,. . . this Mayor of the City of Clermont, A. D., 1955 ~ Mayo ~~ - - - - - - - - - - - - - - - - - - - - - - - Regular Meeting June 7, 1955 Motion by Grant that Ordinance numbered 140, the same being a franchise to Florida Telephone Corporation, be adopted over the veto of the Mayor. The motion was seconded by Mr. Ko~sler and upon roll call vote the aye s were Winston, Grant, Olivenbaum and Konsler. Nays: none. Absent: Beals. The motion carried by the necessary four fifths majority to over-ride the veto of the Mayor and was ordered recorded in the ordinance book. I HEREBY CERTIFY that the foregoing is a copy of a motion made, seconded and carried at a regular meeting of the City Council of the City of Clermont held at the City hall, June ,I 55. -3- ~.--'""- ~ CITY OF CLERMONT LAKE COUNTY CLERMONT, FLORIDA June 6, 1955 Hon. City Council Clermont, Florida ¡ Gentlemen :. .~ I hereby hand back to you ,with my reconsideration Ord:inance Numver garding Telephone Franchise. veto,for 140- re- My objections to this ordinance are as follows: l- I think 30 years is to long to bind the City. 20 years is ample for æll financiœl,needs of the ~elephone Company and is fairer to the Citizens of Clermont. 2- The revenue to the City is not adquate. There should also be a provision for a percentage ßfl gross receipts paid to the Citý or, for payment; based on the number of phones in service. I sug~ gest. 3% of the gross rentals, plus the free tele- phones offered, as being a fair payment for the franchise. ( This is similiar to .provisions: in franchises now in effect in ~ther Cities .) ~ 3- There should be some provision for the City to have recourse against the Telephone Company in -cass> of -refusal to provide service in any part· of the City, or demand extra payment for prov¡id,- ing such BS'rvi ce:. 4- Provision should be made for a copy of al~ rates: and tariffm, to be kept on file at the City Hæll at æll time for public inspection. Hoping that you will give these suggestions: your careful consideration, I am, . Very truly yours, A.JI>'!.- UJ. A _ J Wm.W. B~~ City of Clermont F