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282• 1 . 716,r { { i 011DINA11CH 140. 20c e s a.p_+ja.ss."s.A,LP rx aS .r.',. ,...Vnww•w.+_w+/vtif>2`W. { All OIDINA14CE GRANTING TO PLNINSULAH TELEPHONE 1 OMPAVY, A 0ORP01MT QN UNDER THE LAS OF VL0MA, i G f' TAIR RIGHTS, PRIVIL`"GIM AND 1i'iWIC1{ISES IN THE CITY OF CL::,AM7t' TER, PINELLAS COUNTY, 1-1016.Dh A14D : I'1t1=;5C1tIF3I;10 T]iE TEMIS, COMIT10113 and LIMIMA 10115 UNDER WHICH SAID RIGHTS, PRIVILLGY.5 AND FhA140HIS10 MAY BE L'KERCISM, BE IT QtDAINED BY THE 017Y COMMISSION OF TEE CITY f OF CLEJUVIATLH, FLORIDA S 1 Sec. 1. That Peninsular Teloplione Company, a I , j corporation organized, existing and doing business undor tho lavrs of the State of Florida, be and it and its successors and assigns are hey-eby granted the right, privilege and E' ' •"F?..:;'(`;;?;,_,. ,, `' , ' franchise for the period of twenty years from the date that this Ordinance goon into effect, to construct, ;nuir.itaiiz paid operate within the limits of the City of Clearwater, Pinellas County, Florida, as the same now exist, or may hereafter be extended, a telephone system for public and ? ., o d i to fJ. es and lay nuts c private use t set poles, string viii, over, across, along and under all the streets, alleys,, ; s avenues and other public places of said City, ,rith the privilege of charging tolla, ratos and hire for the use of i' j' its telephones and lines and or other instruments operated ' in connection therewith, subject, however, to the conditions h and limitations hsreiiaafter set forth. Sec. 2. The service to be furnished by said Pen- . insular Telephone Company to its sabscribers with the cor- parate limits of said City shall be the service generally' 1 ' knovin, and designated In the telephone art as automatic service, or such service as may hereafter be developed In , t : connection with the telephone art of-an equal or superior : !''• 'p standard. Facilities shall be provided by said telephone company so that its subscribers and patrons may at their option contract with it for private line service, or.for:: 4 f..';. '7V 2, - J ljr!i i'i, i" ? J?A.?M^?a+ '?? y, 'F; , .. Z ?, ;,''?!?'„ ..• 11?,'r e (',.: ,,.: 'i't" F..r.??+, ??? r ? "+5??`t'J" `'??t.?,•• , ; 3?L ? ° "t1,. '1.=f ''=C:'i'; _`,:I G'S'';,? +?: {. rC?` ?t:? k? ?.`;i? ;=a, . s : ,?;? ,:wt , y.•". , ... ??J?C.? v ? ?j ?'? :?s `.` ? °L'?.i ? ? ?• :, t ' tf d ,s "'•4r?'I '1°17 A y s aloctive two party or fouz, party line service. The 3 company may also put into operation and offer its patrons and subscribers other classes of service at its option. { Sec. 3. Except for distribution poles and wires, •i and poles and wires required for the operation of toll lines, all wires and cublosa of the company shall be located underground along Ft. Harari.sozn Avenue between Haven Street enc. Drew Street, and along Cleveland Street from the Atlantic Coast Line Railroad Traces Blest to the beginning of the causeway across Clearoater Harbor. Upon all other streets, avenues, alleys end public places of = ! the City of Claamiater, the Company shah.' have the right }'. and privilege of constructing, operating and maintaining F its system upon pole leads with open wire. Provided, now- t'- s ever, that this grant' is made subject to the right of the. City to at all tines control the distribution of space in, over, upon, under and across the streets, avenues, alleys and other public places of Bald City; to rnaZce .such 'reaeon- able regulations affecting and governing the ice of sc:id streata, alleys, avenues andf other public, places by said ;...: company for i°t;a property curd appliances as may In the ; f opinion of the City and its governing body be required ' the reasonable protection of the publi.o health, safety and accommodation of the comiamity, and when the public ; necessity so requires, to demmid the removal., reconstruction F , or relocation of such- property and facilities. .':' : Sec. 4. That the rfcias:, rentals and hiro to be FF. ;i.E?' '•,, charged by said Telepiiane Company for telephonic service p-'iiA'>r'•Y.: ', •' - 'i.' '-,? S • .. .: t, - - 'fin .. C::sa;` 5S=.:'? ;, ?;': f• i`yy ; rflndered by it under this frshohi.sa aid within the limits , of: said City as the Blame nmlexist, or 'niay hereafter -be extended, shall he' euch'• ra'teo ventals and. charges as now " A ara or'.ma 'hayafter' be established b the RAilroacl :r; '• ,.ry ?• .'r?rte .rh <,f. «r "-.dt=«• ;.,?,. r3,i z: .,;•' i• .Y-, ?.. . , { ;'r 3? •,<? .?,f???,.j.."`ice :sir t;?'t,s? .-?r t?:= •t,wa•, df..:"? .. .f .ti ?i, i` '?. •c'= r1 .?:: ?,ti. :. E?, a..• .. _•. ev ,'',ti.' rr'-. ??•i??•?,..r?w.`....3...`R1r..tl.+?i• .... ....-. ., .... ,. ?? •a a-!•. •r. »•v-a.r«.?.,•wlsk?•Mw+:.?.3':{j ?7i:."ra'".+?a`ade:.i'..s.'Fr: .'4? jj}. x, .,?;E.f'-.",f - r r .. 3 .. Commission of the State of Florida. or nuoh other regulatory body as may hereafter be designated pursuant ' to the lags of the State of Florida* Sec. 5. It is mutually agreed and understood that the Peninsular Telephone Company will maintain at all „ .r ' times a suitable exchange with the necessary operators in the City of Clearwater, end that this exchange shall function as a separate and distinct unit suitable for hand-: ling all local and or toll service. Sec. 6. The grant and franchise hereby given shall not be leased, assigned or otherwise alienated or disposed. of except with the express consent of the City Commission' or other governing body of ' the City of Clearwater to such lease, assignment, alienation or other disposition 1?rior to the making of the some., provided, however, that noth- ; ing herein contained shall be so construed as to prohibit the said Peninsular Telephone Company from leasing, assign ? ing or otheinvise alienating and transferring this grant and franchise in connection therewith by lease or sale of its entire system, or upon its merger and consolidation i with any other corporation engaged in a similar business, nor to prohibit the pledging or mortgaging of such grant or franchise in connection vrith all the physical, property own- ,. t.. ,'. ed and used by it in the operation of its telephone system l for the purpose of securing payment of moneys borrowed by it. ,. The express consent of the City Commission. of the City of Clearwater is hereby given to each, any and all of the transactions enumerated in this proviso. Il,??r"?N"y'??x?q? »tA?3 + s,.,:?,?`? r,• - _ ?'I'''r.'. .- .. , FV}a+??`?s!:':',rl,.t.°fi:??:.t 'fir"?'?"• ':?.•'??:¢a 3yf}7?r,-?l`4t.?'•C:"M :(l. :'`' ;5y. ' 2 . y'.-. 07 ?.;'r f;? .t stn`? "? ?;. Y• E i• '.'?'. i481•' t j-? 1 y C rr i• 1 ?F^* :1 1 I j a . r. r ` cWi `•? .Y. ?°??r ';,y?= s 11 '?.r', n:3i•x ',:i' 'j} -'fir' .., ..... • : w.+. uc 1 `!]`` n ,aY,?ci%` 1.9, . Sec, 7 Upon the annexation of any territory of the City of Clanvinter, th© right, privilege and franchise hereby granted shall extend to the territory so annexed, and all facil,iti_©u, owned, maintained or operated by said Peninsular Telephone Company located within the k territory so annexed, upon any of the streets, alleys, avenues or other public places situated in such annexed territory, shall thoreafter be subject to all the terms hereof. Sec. 8. Said Peninsular Telephone Company, its sue- cessors and assigns, shall at all times during the life "of this franchise grant to said City, and free of expense to. said City, such circuits thru any of its underground cables for the use of said City as may be required in the operat- ion of a telephone police and fire alarm "system, together with the right to use the space necessary upon the top , ;4` :'? „ : Fii ; . ;•. r. cross arm of all of its poles within the corporate limita of said City for the installation of a police and fire :. ``. alarm system. Sec. 9. The City of Clearwater shall have the right at any time during the life of this franchise to purchase all of the property and property rights of the Pvninaular Telephone Company, as vfell as any extensions thereof, extending beyond the limits of said City used, or useful. in, or connected with the Local Exchange of said Peninsular , Telephone Company located in the City of Clearwater, in- eluding all contracts for service made in good faith by the ' said Peninsular Telephone Company prior to the date of such purchase, at a reasonable valuation of such property and , property rights desired to be purchased to be fixed by k I'd arbitration as may now or hereafter be provided' by lav1.' Nothing herein contained shall be so construed as to pre (, ::3}?M`j?a'1 u`d. ?"?, Me???ti?;,-«e ;l?: , 1. . 3 ''•.'.,?',-?. ,.?.?t. f?'t e` `'}? :V. -V j? ? k dent ethe City from acquiring such Property.and prroperty.° ; k • .. r':?};' s, ?; ;r t; ;::,'.;'f: ?,'. rte` r ? - ,?. ? ?. •, .. yy55'' '??°_',«wr >C?b.. ''t"e ''?. •y,SF .f.°.-' 'r 11 - °zFk. ti ".3. ? t`I, rb.• "-??liH1.1:-i'` =1" ..i Fa. 7., 'I,,.:n-1=?i•:y,''?.'s. 4i S '.7 I ' FF- 1 ? 4 r .. t 1 r - b - rights by condemnation proceedings.. or in any, other lavrf'ul manner, the methods of acquisition heroin mentioned being } J in the alternative, but in the event of the acquisition of i such property by any method, the City shall become responsi- ble for, sad shall assume the perform anca of all bona fide contracts entered into by said Peninsular Telephone Company, its successors or assigns, prior to the date of such acquisition. In the event the City of Clearwater shall hereafter acquire such property by purchase, condemnation or Inso facto , otherwise, this grant and franchise shall '/terminate as of ?I the date of the conclusion of such transaction. Sec. 10. That at and after the expiration of this franchise, the City of Clearaas er shall have the right :.:'. to purchase the telephone system installed and operated' under this grant; as well as other property used by said, -. ' Company in the operation of said telephones system within the limits of said Ci,y of Clearwater.as the same then exist, as well as all other property used by said Company under or in connection with this franchise or right, or such part of said property as said City may desire to purchase at a : t reasonable valuation of such property desired to be purchas- .r '. ed to be fixed by arbitration as may be provided by law, Sec. 119" In the event that any action shall be ' instituted or prosecuted directly or indirectly by said Penih. sular Telephone Company, or by any of its s3tocleholdors or, creditors, to set aside, or have declared void any of the }::: ;`::;•,:?'',?'';:r terms of this grant, the City Commission or other governing' body of said City may forthwith .declare a forfeiture annul- Mont and termination of this grant and franchise,' sanY.mray' r . . . • a" ° institute such action at law, suit in equity or other • , - appropriate legal proceeding as may be necessary to emrore fi .. , .. such'. f i,rf eiture„ annulment and terrai.nation. .3? r, ?b?s. `{,°`r ??` Y'"? ?'?i"; '? -'1. '.: . ' ' • 1 , ?'' ,?'` fir. A ,.3 . ?. 44. Seu?,;' ?2.. Thst.'a17.'Ordinanceq or. parts of ;Ordi.nanees. ^.>? ?`? ?;° 'irk., .art. w?4 wk? r• ?A..?•s ;r.,M'?Rf ?:rvt?z;??ti ?<. 'i' 4 ` r? j ' 3 -/ .. Sri ,r':,1a• j?..•:, '[:. y?,' 8'''? 4 }. Tr:..rti ;. .°;i ,acY ,iPe°'.'?i s.}l'. =?tij}'we:r,+?? 4.,.A! . t .? a .l''`°?'4' .?,• ?,• «'.. 72 -6- } in conflict with the terms of this ordinance be and the same are hereby repealed. f. Sec. 13. The Poninsul.ar Telephone Company shall signify its acceptance of the franchise hereby granted in writing within sixty days from the date this ordinance goes .I into effect. PASSED by the City, Commission of the City of Clearwater' Floridan this 5th day of Ootobdr, 1931. " .r (Signed) H. H. Baskin i. Mayor Commissioner. Attest (Signed) X. M. Gilmore, ,.°•z1'. " { . l.,, i City Auditor & Clerk. ' '1 4•! ? r-S 'F-`: `f? , att. ,i (?. 4 i`.}_t? •t, f`% ?tt14'{? °'? .f { e;F- ..r'... , t?.v ly't ?., t r L??. 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