Ordinance 459oe THE clTy of I,ONGwOOD, FLORS DA,
wlNmck PAax m Pxowe c
Lxc sxaecTS oe TEe cITY o~MCONCwoDD,
E OF EaECTING, CONSTaUCTiNG,
AND O TING LINES OF TELEPHONE
ANDOEFFECTIVEVDATEG CONFLICTS,
EJ EY THE CITY COMMISEx ON OF THE CITY OF LO
That permission, be and the same, rs hereby
cables, fixtures, and electrical conductors, upon, along, under
of Longwood, Florida, and the tarn ter Park Telephone Company shall
replace, or yroperly relay and repair, according to the City's
specifications, any sidewalks or stree [s [hat may be displaced
by reason of such work, and up n failure of the Wvnter Park Tele-
phone Company so to do, after twenty (201 days' notvice rn wrrting:
shall have been given by the Mayor of the City of Longwood, FLOr-
turbed by the Wvnter Park Telephone Company and collect the cost
so vncurred from the Comyany.
SECTION 3: In consideration of the rights and pr ivil ey es
herein granted, the Wvnter Park Telephone Company, when requeste
by the Cvty of Longwood, Florida, wrll designate and p vide,
wrthout cost to the City of Longwood, FSO Cida, (11 on each pole
awned and used by the Wvnter Paek Telephone Company hereunder
and during its ownership and use thereof, either (a) space for r
f rxture, or (b) space for a cros sarm for wires of the police and
fire alarm signaling system of the City of Longwood, Florida, an~
(2) rn each underground conduit owned and used by the Wrnter Park
Telephone Company hereunder and during its ownership and use
thereof, one duct fox the cables of the police and fire alarm
gnalinq system of the City o£ Longwood, PLorida; provided,
however, that no use sha 11 be made by the City o£ Longwood,
of the Winter Park Telephone Company's property or servrce or
the public, or employees of the Wrnter Park Telephone Company,
or of the City of Longwood, Florida; and further, in consider-
ation of the rights and privileges hereunder granted, the
employees on municipal business, nr ne (9) business lines or nr ne
(9) ro ary lines or nine (9) trunk Lines and Five (5) exCe nsron -
six-button key telephone sets to be located within the City at a
place to be des g ted by the City of Longwood, Florida, with lo-
ay require at a discount of thirty-three and one-third (33 1/38)
p cent from the Company's regal ax schedule of rates charged its
subscribers in the City of Longwood, Florida; provided, however,
that the telephones and serer ces above-mentioned are to be fur-
nished under and subject to the usual rules and regulations of
the Wrnter Park Telephone Company, rnclud ing those applying to
the use of such telephones for toll servrce, which said servrce
co b p d for the by the City of Longwood, Florida, at the
regular and lawful rates of the Wrnter Park Teleohone Company.
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SS=CTION 4: As addrtronal cons ides t.i.on for the rights and
privileges herein g nted to Wrnter Pack Telephone Company by
the City of i..ongwood, [rorv.ta, wrnter Park Te ephone Company
agrees that, rf and in the event a more favoraDLe servrce credi
formula is rncluded in y franchise agreement executed by the
W.v nter Park Telephone Company, wrth any Florida munrcipality or
county in the state of Florida, if and in the event coon ty shoo
be authorized t g nt franchrses for public uti.l ity servrce pu
poses, subsequent to the passage and adoption of Ocd finance No.
459 of the City of Longwood, Florida, then and in that event th
Wrnter Park Telephone Company will renegotiate the franchise
seroreE treart formula neea ae a Daara for as ra orainance No. 4
and as aame rs rnelnaea chere in. sa is requeat for renegoeiatio
must be made by the City of Longwood, Floriaa, in wrrtinq. Fur
ther, if and in the event Wrnter Park Telephone Company shall E
to renegotiate a new servrce credrt formula, subsequent to requ
and within nrne ty l90) days thereafter, this Ordinance shall be
shall relocate [he servrce being util. ized Dy the City of L g ood,
Florida, from its present servrce address of 175 West Warren
Avenue, Longwood, Florida, to such new servrce address as shall
be des ignated by the City of Longwood, Florida, in wrrt g
SsCTION 6: The Wrnter Park Telephone Company shall indemn if!
the City of Longwood, Florida against and assume all liabilities
for damages which may arrse or accrue to the City of Longwood,
Fl.or.ida, for a y injury to persons oz property from the doing of
any work he re r.n authorised, or the g ct of the Wrnter Park
Telepbone Company or any o£ .its employees to comply wrth any
ordinance regulating the use of the streets of [he C _ of Long-
wood, Flo.r.iaa, and the acceptance by the Wznter Park Telephone
Company o£ [h.is Ordinance shall be an agreement by it to pay t
the City of Longwood, Florida any sum of money Eor which the C't ~~
may become liable from or by reason of such injury.
bECTION 7 Sn the event that any trme during the period of
this franchise the City of Longwood, Florida shall lawfully elect
to construct, reconstruct, alter, or ch nge Lhe grade of any
street, alley, or other public way, 1:he Company, upon reasonable
notrce by the City, shall remove, relay and relocate it, po es,
w Tres, cables, undexgrouna conducts, manho las, and other tele-
phone fixtures at its own expense. However, whenever the Winter
Park Telephone Company is legally required [o remove, relay, and
relocate its facilities, and under the Laws of the State of Flor.s.,,
i da, the Reyula ti ons of the State of Florida, Department of
Transpo ctation and/or the Laws of the Congress of the United
States, the Company is entitled to reimbursement fzom the State
of Florida and/or the United States Government, the Winter Park
Telephone Company is to receive and retain said rei.mbursemen ts,
free of any claim of the City of Longwood, Fl.o rich to said
reimbursements.
N 8: The Company shall file with the City Clerk
acs acceptance of this Ordinance within scxty (60) days from the
date when it shall take effect.
SECTION 9: Noth inq in this Ordinance shall be construed as
a term of thirty (30) years from and after its effective date, and
the City of iongwood, Florida hereby reserves the right and
ceq ui res the said winter Park Te ephone Company, as a condition
precedent to the taking effect of this gran[, to give and grant
to the City of Longwood, elorrda, the g t at and after the exp it
at.con of such term, to purchase the telephone plant or other pro-
pe ty n said C y, used under or cn connection with th.i.s grant, ,
or such Fart of such property as the munrcipality may desire to
purchase, at a valuatron of the property, real, and personal,
des irea, which valuation shall be fixed by arnitration, as y
be piov iaed by law; and the acceptance of thrs Ordinance shall
operate as a grant by the said Wrnter Park Telephone Company to
the City of Longwood, Florida, or said r g t to purchase.
N 11: In the event the company's basic rate structure
rs changed to message rate, or the local calling area rs cna ng ed,
the franchise servrce credit set forth rn sectron 3, will be
evaluated and appropriately adjusted to provide comparable servrc
creait to the City of Longwood, Florida.
CTION 12: A11 ordinances or parts of ordinances, rn con-
flict herewith, are Hereby repealed.
TION 13: Noiwi the tanding the declaration herein coot ar ne
that this Ordinance shall take effect immediately upon final
passage and 'adoption, all service credits required hereby to be
given to the City of Longwood, Florida, by the Winter Park Tele-
phone Company shall be calculated as of the frrst (1st) day
following the termrnatron of the previous feancnise ordinance
between the City of Longwood, F'lo rich, and the Wzntez Park Tele-
phone Company.
N 14: This Ordinance shall take effect immediately
upon its final passage and adoption. -
PASSeo ana AooPTEO this /6 ~ aay ee
A.o. 19>9.
SECON Dk READIN Lf-G ~
G:~ `7
~ _-
MAYOR of~t~Y iCy of L~ 9wood,
Fi lorida
TEST,:, ~ I~j
~c1,~a;' ~~GL rtty~
CIT
~~
p~.la~~f R, „ ~E ~.
(QiYg of ~longfnnnil ,
lr #levi ~a~r:n gge. ~A ~ ~ --
~ivngmuvn, ~Iv~~aa 2>SP , . _..
fficI- 831-0555
OFP/LE OP TIt¢ L(TY CLERK Avqust 22, 19'19
lAr. }TaNc D. Hutsell, Vice President
Government e d Pvblie Affalre
Winter Park Telephone Company
P. o. Eox J000
Winter Park, f'lorida 32'190
Gear Sir:
Enclosed herewith please Tind the emended Winter Perk Telephone
fompeny Franchise Agreement with the City of iangwootl (certified copy).
Please indi oats yo r e oePtenee oP said agreemenE~ in mritinR ~e soon
as convenrenc. ThaN: you.
S11iyyncnnerely,
/N ~~
Linda R. Alertin, Gity Clerk
City of Inngwaod, Flur2 da
,~1,
the Winterp k1 ,hone Company
Mcy 21, 19]9
the u„ le ~~ ra R. Lormann
Lar II
L >0
D or l Lormann:
P ~ for vour oss is 'rh the konch~se ordinance our
._... reed to rh aoCn ..d.
SincereflJ ,
F. k. Mc phersun
Exmwi~ve Vice Pru~den~
GI I
c I ~.~, u~un tea, f Ihs nE ce you may
"- re Campany
ysfe
m Fer the
c No. 2, 1419.
F.. ....._.__