The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1912-07-12
AN ORDINANCE

Authorizing the Southern Bell Telephone
and Telegraph Company, to construct,
operate and maintain lines OF telephone
and telegraph upon, along ana under
the public roads, streets ana highways
of the City of Palatka, Florida, and TO
acquire, operate and maintain lines OF
telephone and other telephone properly
of the Palatka Telephone Company, now
located in the streets and public places
OF the City of Paatka, Florida, and to
authorize the Palatka Telephone Com
pany to sell all of its telephone lines,
poles and wires, and other telephone
property, in the streets and pubic places
OF the City of Palatka, Florida, to the
Southern Bell Telephone and Telegraph
Company.
BE III ORDAINED by. the Mayor and
City Council of the City of Palatka:
Section /. That permission be and the
same is hereby granted to the Southern
Bell Telephone and Telegraph Company,
It's successors and assigns, to erect, operate
and maintain lines of telephone ana tele-
graph, including the necessary poles, nx-
lures and electrical conductors. upon, along
and under the public roads, streets ana
highways of the City of Palatka, Florida, as
its business may from time to time require,
provided that all poles shall be neat and
symmetrical.
Section 2. That the work of erecting
poles by virtue of this ordinance shall be
done under the supervision of the City
Council, and the said Southern Bell Tele-
phone and Telegraph Company shall replace
and properly relay any sidewalk or street
that may be displaced by 1t in the construc-
ton of its lines, and upon failure of the
Company so to do, after five days notice in
writing shall have been given by the Mayor
of the City of Palatka, Florida, to said
Company, the City may repair such portion
of the sidewalk or street that may have
been disturbed by said Company, and col
lect the cost so incurred from said Com
pany.
Sections In consideration of the rights
and privileges herein granted, said Compa-
ny shall, upon demand, provide one cross
arm on each pole, on which the City OF Pa
latka, Florida, may desire to attach either
fire alarm telegraph or police telegraph
wires, for the free use of the police and fire
alarm telegraph system OF the City OF Pa
latka, Florida.
times be subject to the City Ordinances
now in existence or which may be hereafter
passed relative to the use of the public
streets by telephone and telegraph compa-
MES.
Section 3. That said Company shall in
demnify the City of Palatka, Florida,
against, and assume all liabilities for dam
ages which may arise or accrue to the City
of Palatka, Florida, from any injury to
persons or property from the doing OF any
work herein authorized. or the neglect OF
said Company or any OF It's employees to
comply with any ordinance relative to the
use of the streets of said City and the accep-
lance by the Company OF this ordinance
shall be an agreement by 1t 10 pay TO the
OlIy OF GhluIRa, any sum OF money
for which the Oity may become liable from
or by reason of such injury.
Section 9. The said Southern Bell Tele
phone and Telegraph Company is hereby
authorized to acquire, either by purchase
or otherwise, all OF the equipment, lines
and wires which now constitute the entire
| telephone plant of the Palatka Telephone
Company, and the said Palatka Telephone
Company is hereby authorized to sell and
| transfer said property to the said Southern
Bell Telephone and Telegraph Company;
and the said Southern Bell Telephone and
Telegraph Company is hereby authorized
| to maintain and operate said lines ana
| property, or such parts of them as 1t may
desire, in the streets and public places OF
| the city of Palatka, Florida, in the same
manner as If the said lines and property had
been originally constructed by it under and
| in accordance with the terms and provls-
| ions of this ordinance, free and clear of any
and all conditions or charges heretofore
Imposed upon said property or sad Palatka
| Telephone Company by any ordinance or
ordinances Tor, agreement or agreements,
with the said City of Palatka, Florida.
| Section T.. said Company shall file with
| the Clerk of the Council OF the City of Pa-
latka, Florida, its acceptance of this ordi-
| nance within sixty days from the date when
| 1t shall take effect.
| Section s. This ordinance shall be in
force and effect for a term of thirty years
| from the date when it shall take effect, and
| 1t shall be subject to all the terms and con-
ditions of the Act of the Legislature OF
1
| Granting by municipalities of Franchises or
| Rights to Use streets for Certain Purposes
| for any Term Exceeding Thirty Years. or
| without Reserving the Right at and After
| the Expiration of such Term to Purchase
Property Used under such Franchise or
Right approved June 2nd, 1889.
| THEREFORE the said City of Palatka,
| Florida hereby expressly reserves the right
| to, and does hereby require the southern
Bell Telephone and Telegraph Company, as
| a condition precedent to the taking effect
of the rights grants and privileges, fran
chise and powers herein contained, to give
| and grant the said City of Palatka, Florida
| the right at and after the expiration of this
| franchise to purchase the telephone and
| telegraph plant, property and equipment or
other property used under or in connection
with this franchise or right hereby granted,
or such part of said property which the
| said City of Palatka, Florida may desire to
purchase at valuation of the property,
real or personal, desired by the said City of
Palatka, Florida to be fixed by Arbitration
in accordance with the terms of the said
above named act.
Sections. This ordinance shall be in
force from and after the date OF its passage
and approval by the Mayor.
Passed by the City Council of the City of
Palatka Florida. in open session this 4th
day of June in the year of our Lord, one
thousand nine hundred and twelve.
j. H. YELVERTON. Jr.
President, City Council.
Attest:
CLERK Of City of Palatka.
Approved this 18th day of June, in the
oar nfn I.nrI III hun,