Fort Walton Beach Resolution — 86-11-Extend Centel Franchise 121 Days — reading text

Mesh = an a City of Fort Walton Beach HOME OF THE Ome Score Resolution __ 86-11 A RESOLUTION GRANTING AN INTERIM FRANCHISE TO THE CENTRAL TELEPHONE COMPANY OF FLORIDA FOR A PERIOD OF ONE HUNDRED TWENTY-ONE (121) DAYS; PROVIDING FOR USE OF THE STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC PLACES OF THE CITY; DESCRIBING CERTAIN TERMS AND CONDITIONS UNDER WHICH SAID COMPANY IS TO OPERATE; PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, by Ordinance 179, approved on August 15, 1955, the City of Fort Walton Beach, (hereinafter called the "City") granted to Centel Telephone Company, a Florida Corporation, (hereinafter called "Centel") a thirty (30) year exclusive franchise to operate a telephone system within the City, and WHEREAS, BY Ordinance 85-36, approved on August 27, 1985, the City extended to Centel a One Hundred Eighty (180) day exclusive franchise to operate a telephone system within the City, and WHEREAS, that franchise extension expired February 23, 1986, and WHEREAS, the City and Centel are currently in the process of negotiating a permanent franchise, and WHEREAS, Centel provides an essential service to the citizens of the City and therefore is in the best interest of the citizens of the City to extend the aforesaid franchise to operate within the City for a period reasonable and necessary to complete negotiations. NOW, THEREFORE, BE IT RESOLVED, by the City of Fort Walton Beach, Florida, as follows: 1. In consideration of the benefits that will accrue to the City and the citizens thereof, Centel, a corporation under the laws of the State of Florida, its successors and assigns, is hereby given, granted and vested with the right, authority, easement, privilege, and franchise to construct, erect, expand, install, extend, renew, repair, maintain, operate and conduct in the City a telephone system for the transmission of sound and signals or other means of communication by means of electricity (excluding television). 2. This grant to Centel shall be considered to be an extension of the franchise previously granted to Centel by Ordinance 179, approved on August 15, 1955, limited to the following conditions: a) The extension will be for a period of one hundred twenty-one (121) days, only, commencing February 23, 1986 and effective upon the adoption of this resolution. Provided, however, that in the event the City and Centel are able to agree upon the conditions of a new agreement prior to the one hundred twenty-one (121) day period of time set forth, then this resolution shall be void and no effect as of the effective date of the document providing the new agreement between the two parties. 3. All of the limited terms and conditions, as stated in the franchise approved by Ordinance 179 and the extesion approved by Resolution 85-36, shall be applicable for the said one hundred twenty-one (121) day period, until a new agreement is executed. All fees shall be payable in the amounts and terms as provided in the franchise extension under Resolution 85-36. 4, This resolution is essential in order to insure the continued telephone service to the City, 5. This resolution is passed to provide for the immediate preservation of the health, safety and welfare of the citizens of the City. 6. This resolution shall take effect immediately upon approval by Council and signature by the Mayor. ATTEST: ih boone” CITY CLERK The form and legal sufficiency of the foregoing has been reviewed and approved by the a VINCENT M. BRUNER CITY ATTORNEY