Ord. No. 22-00-1724ORDINANCENO.22-00-1724
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO RIGHTS-
OF-WAY;APPROVING A LICENSE AGREEMENT BETWEEN THE
CITY AND TCG SOUTH FLORIDA TO INSTALL,OPERATE AND
MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE
MUNICIPAL RIGHT-OF-WAY;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,theMayorandCityCommission of theCity of SouthMiamiowns
and operates rights-of-way inwhich telecommunications companies desire to install,
operate andmaintain telecommunications systems;and,
WHEREAS,withinthelastfew years the United States Congress and the Florida
Legislature enacted sweeping telecommunications reform legislation to promote the
development of national and international telecommunications systems;and,
WHEREAS,the Federal Telecommunications Act of 1996,47 U.S.C.§253(c),
preserves the power of the City to manage theuse of its rights-of-way by
telecommunications companies ona competitively neutral and nondiscriminatory basis;
and,
WHEREAS,the Mayor and City Commission enacted Ordinance no.5-99-1679
on March 2,1999,to regulate the use of the City's rights-of-ways by telecommunications
companies;and,
WHEREAS,theCity received a completed application by TCG South Florida to
install,operate and maintain a telecommunications system in the City's rights-of-way,the
City Manager recommends approval of the application on the bases that the applicant
satisfies the technical,legal and financial qualification requirements,and the City
Attorney recommends approval of the attached standard license agreement.
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR ANDCITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The License Agreement Between TheCity of South Miami,Florida
andTCGSouth Florida whichisannexedtothis ordinance asApp.1,is approved andthe
City Manager is authorized to execute and deliver the agreement onbehalf of the City.
Additions shownby underlining and deletions shownby ovoretriking.
Ordinance No.22-00-1724
Section2.If any section,clause,sentence,or phrase of this ordinance isforany
reasonheld invalid or unconstitutional byacourt of competent jurisdiction,theholding
shallnot affect the validity of theremainingportions of this ordinance.
Section 3.All ordinances orparts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4.This ordinance shalltake effect immediately upon approved.
PASSED AND ADOPTED this 19tfday of September,2000.
ATTEST:
duuzt*}jJb-
CITY CLERK 0
READ AND APPROVED AS TO FORM
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CITY ATTORNEY
APPROVED:
MAYOR
1st Reading-9/5/00
2nd Reading-9/19/00
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
\\Dell_6100\Documents\City of South Miami\0022-001\6461.doc
Additionsshownbyunderlininganddeletionsshownby overstriking.
4-0
recused
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Comm'n.Date:August 25,2000
Charles Scurr,City Manager
RonettaTaylor,CityClerk
HakeemOshikoya,Finance Director
Fernando Rodriguez,Public Works Director
From:Earl G.Gallop,City Attorney Re:Ordinances approving right-of-way
license agreements for:
TCG South Florida
Metromedia Fiber Network
Services
Nextlink Florida,Inc.
/3
Subject:Ordinances relating to approval of license agreements for telecommunication
companies to install,operate and maintain telecommunication equipment in the city's rights-
of-way.
Discussion:The city has been requested by four telecommunication companies to install
telecommunication equipment in the city's rights-of-way.Three ordinances are presented for
commission action.The fourth company,Adelphia Business Solutions,Inc.,is evaluating
the city's ordinance and standard license agreement.
The power of the city to regulate service providers is limited to managing the physical
installation,use and maintenance of telecommunications equipment in the city's rights-of-
way.Federal legislation (the Federal Telecommunications Act of 1996,47 U.S.C.§253(c))
requires local government to allow telecommunication companies to utilize municipal rights-
of-way on a non-discriminatory,competitively neutral basis.The Florida Legislature
regulates the amount (1%of gross receipts on recurring local service revenues)that local
governmentsmay charge for use of therights-of-way.
The Mayor and City Commission enacted Ordinance no.5-99-1679 on March 2,1999,to
regulate the use of the City's rights-of-ways by telecommunication companies.The
ordinance provides for the city and the service provider to enter into a license agreement.The
ordinance and the agreement provide for careful management of the location of physical
facilities in the rights-of-way.The City Attorney prepared a standard agreement for use by
all telecommunication companies.The City Manager is responsible for determining that the
Mayor and City Commission,etc.
August 25,2000
Page2
company has the legal,technical and financial ability to install,operate and maintain the
facilities.Ihave advised theCity Manager to accept Florida Public Service Commission
certificates as adequate evidence of ability.
It is expected that approval ofthe agreements will have a moderate,positive economic
impact.The direct costs to the city should be covered bythe application fee and any
applicable permit fees.It isnot possible to determine the amount of revenue the city will
receive from recurring local service revenues.License fees are paid tothecityona quarterly
basis.
Recommendation:Approve the proposed ordinances on first reading and schedule second
readingandpublic hearing.
LICENSE AGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI,FLORIDA
AND TCG SOUTH FLORIDA
THIS LICENSE AGREEMENTisenteredintothisday of ,2000,by
and between:
CITY OF SOUTH MIAMI,FLORIDA
a Florida municipal corporation,
6130 Sunset Drive
South Miami,Florida 33143
and
TCG SOUTH FLORIDA
A wholly owned subsidiary of AT&T Corporation
1001CypressCreek Rd.,Suite209
Fort Lauderdale,Florida 33301
IN CONSIDERATION of thesumof$10.00paidtothe City,andothergoodand
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
agree asfollows:
Section 1.Definitions.
1.01 The words and phrases used in this Agreement shall have the meanings given in
thissection.Words notdefinedinthissectionshallbedefinedinthefollowingorder:sec.13.71
oftheCodeof Ordinances ofthe City of South Miami;the Communications Actof 1934,47
U.S.C.§521,et seq.,and the Telecommunications Act of 1996,as amended;and the Florida
Statutes;and,ifnot defined there,the words shall be given their common and ordinary meaning.
1.02 "Customer"shall mean any person who is provided services of any kind by
Licensee,directly or indirectly.For the purpose of provision of services between different
locations of thesame customer,theterm"customer"shall include anyperson controlling,
controlled byorunder common controlwithsuch customer.
1.03 "Effective Date"shall mean the date on which this Agreement is executed by
bothCityandLicensee.
1.04 "License Area"shall mean that area in which Licensee is authorized to transact as
a local business as described in sec.2.4.
1.05 "Licensee "shall mean TCG South Florida.
Page 1 of 12
1.06 "LicenseYear"shallbethe fiscal yearfrom October 1st through September 30th
providedthatthefirst License Year shallbeginonthe effective date of this Agreement andend
asprovidedinSec.2.3 of this Agreement.
1.07 "LocalServiceRevenues"shallmean all revenuesreceivedby Licensee fromits
customersforprovidingthelocaltransport of voice,dataandvideosignalsasprovidedinthis
Agreement,includingbutnotlimitedto,thoserevenuesderivedfrom telecommunication
serviceslistedinsubsec.(2)(a),sec.203.012,Fla.Stat.,asitmaybeamended.Forpurposes of
this Agreement,"Local Service Revenues"donotinclude those revenues derivedfrom
telecommunications serviceslistedinsubsec.(2)(b)of sec.203.012,Fla.Stat.,asitmaybe
amended.
Section 2.Nonexclusive License.
2.01 Permission;License.TheCityherebygrants Licensee permissiontoerect,
construct,install,operate,repair,maintain,expand and usethe telecommunications systemin,
on,over,underand,or,acrossthemunicipalrights-of-way.
2.02Nonexclusive;Priority.The license granted toLicenseeis nonexclusive.This
Licensedoesnot establish any priority fortheuse of the municipal rights-of-waybyLicenseeor
byanypresentorfuture franchisee orotherpermit holders.
2.03Use of municipal rights-of-way.Theuse of municipal rights-of-waybythe
Licensee shall notinanyway interfere withthepublic's access toanduse of the rights-of-way.
Section 3.Term of License.
3.01 This Agreement iseffectiveupon execution byboth parties for an initial term of
five (5)years unless earlier terminated or partially terminated as provided below:
(a)UponthisAgreementbeing terminated by operation of law;or
(b)Upon the City's enactment of an ordinance consistent with Section 337.401,Florida
Statutes,as amended by Section 50 of Ch.2000-260,Laws of Fla.("Section 50"),in
whicheventLicensee shall haveonehundred twenty (120)daystoregisterin
accordance withthelawful registration provisions of theCity's ordinance as required
atthetime of thetermination.Followingsuchtermination of thisAgreement,
Licensee shall beentitledtocontinuetousetherights-of-way,without interruption,
subject to compliance withtheone hundred twenty(120)day registration
requirement;or
(c)OnSeptember30,2001,if the provisions of Section337.401,Florida Statutes,in
effect onthatdate continue tolimitlocal governments toaregistrationprocedureas
opposedtoan agreement or franchise for access totheirrights-of-way,Licensee shall
haveonehundred twenty (120)daystoregisterinaccordancewithsaidsectionand
theprovisions of thisAgreement shall terminate,exceptfortherightsand obligations
Page2 of 12
of this paragraph which shall surviveatermination.Licensee shall beentitledto
continue tousetheCity's rights-of-way,without interruption,subject to compliance
withtheonehundred twenty (120)day registration requirement;or
(d)If thisAgreementisnot terminated pursuant to(a),(b)or(c)above,orotherwise,
thenatsuchtimeasSection202.24(2)(a),Florida Statutes,asenactedbyCh.2000-
260,Laws of Fla.orSection337.401,Florida Statutes,asamendedbySection 51 of
Ch.2000-260,Laws of Fla.,orothersimilar statutory provisions become effective
prohibitingalocal government fromrequiringthepayment of feesortaxes now
requiredunderSections4and5 of this Agreement,thenSections4and5 shall no
longerbeeffective.
3.02This Agreement shallberenewedautomaticallyforfivefive-yearrenewalperiods
unlesseitherpartydeliverswrittennoticetotheotherparty of itselectionnottorenewthenext
termatleastsix months priortotheexpiration of thecurrentterm.
Section 4.License Payments.
4.01 Beginningwiththefirstquarter of the fiscal yearwhichendsfollowingthe
effective date of thisLicense,andforeachquarterafterthatduringtheterm of this Agreement,
Licensee shall paytotheCityalicenseefee equal toonepercent(1%)of itsgrossreceiptson
recurring local servicerevenuesderived during each quarter fromservice provided withinthe
corporatelimits of theCitybyLicensee.The license feeincludes all taxes,licenses,feesand
other impositions bytheCityforthe privilege of usingtheCity's rights-of-way,butdoesnot
includethecity application feeand building permit fees,nortaxes,licenses,fees andother
impositionsbyotherunits of government.
4.02The license fee charged bytheCityfortheuse of itsrights-of-wayis
nondiscriminatory and competitively neutral.Itisno greater,andno less,than thefeetheCity
willchargeanyothertelecommunications provider.
4.03Payments of thelicensefee shall beremittedtoandreceivedbytheCitynotlater
thanthetwentieth(20th)day of thequarterlyperiodonaccount of bills paid bycustomersduring
thepreceding fiscal quarter,togetherwithaswornstatementtruthfullystatingtheamount of the
license fee paid andthebasisforthe computation.Payments shall be delivered or mailed tothe
Director of the Finance Department,City of South Miami 6130SunsetDrive,South Miami,
Florida 33143,ortosuch other addressastheCitymayspecify with reasonableadvancenotice.
Section 5.Payment of Excise Tax.
5.01Beginningwiththefirstquarter of the fiscal yearwhichendsfollowingthe
effective date of thisLicense,andforeachquarterafterthatduringtheterm of this Agreement,
Licensee shall paytotheCityapublicutilitiestaxasprovidedinsec.166.231,Fla.Stat.,asit
maybeamended,equaltotenpercent(10%)of themonthlyrecurringcustomerservicecharges,
Page3 of 12
excludingpublic telephone chargescollectedonsite,accesscharges,andany customer access
linechargespaidto Licensee.
5.02Payments of theexcisetax shall beremittedtoandreceivedbytheCitynotlater
thanthetwentieth(20th)day of thequarterlyperiodonaccount of bills paid bycustomersduring
thepreceding fiscal quarterlyperiod,togetherwithaswornstatementtruthfullystatingthe
amount of theexcisetaxpaidandthebasisforthecomputation.Payments shall bedeliveredor
mailedtotheDirector of theFinanceDepartment,City of South Miami6130SunsetDrive,
South Miami,Florida 33143,ortosuchotheraddressastheCitymayspecify with reasonable
advance notice.
Section 6.Changes in the Laws Regulating Fees.
6.01ThelicensefeeorexcisetaxchargedbythisAgreementisthemaximumamount
thatisallowedbylaw.Intheeventthatthelaw,whichissec.166.231 and sec.337.401,Fla.
Stat.,isamendedtoauthorizetheCityto charge a greater amount,thisAgreement shall be
amended by operation of thelawto increase the excise taxor license fee ontheeffective date of,
orasotherwiseprovidedby,thelaw.
6.02 Similarly,inthe event the maximum license fee or excise tax charged by this
Agreement is decreased by amendment tothe law,this Agreement shall be amended by
operation of thelawto decrease the excise taxor license fee onthe effective date of,or as
otherwiseprovidedby,thelaw.
Section 7.Duties and Responsibilities of Licensee.
7.01Noconstructionor installation of thesystem,oranypart of it,shall be
commenced until the required permits have been issued bythe proper departments of the City.
Asa condition tothe issuance of permits,the City may impose such reasonable requirements as
are required for compliance with this Agreement and may also impose such reasonable
conditions and regulations as are necessary for the purpose of protecting any structures or other
telecommunication systems within the public right-of-way.The City shall assist the Licensee in
obtaining all required local permits and authorizations in an expeditious and timely manner.
7.02TheLicensee shall at all timescomplywiththe requirements of articleX.sec.
13-69,et seq.of thecity code.Licensee shall construct,install,operate and maintain the
telecommunications systemina manner consistent with all other federal,State and local laws,
ordinances,construction standards,FCC technical standards and rules and regulations,and all
other applicable governmental requirements,including,butnot limited tothe standards of the
Occupational Safetyand Health Administration and the National Electrical SafetyCode.
Section 8.Termination.
8.01 Intheeventthatanyuse,certificate,permit or approval issued toLicenseeis
canceled,expires,lapses oris otherwise withdrawn or terminated bya governmental authority or
court of competent jurisdiction sothat Licensee is unable to provide telecommunication services,
Page4 of 12
Licensee shall havetherightto immediately terminate thisAgreementbygivingwrittennotice
of termination tothe City.Upon termination of the Agreement pursuant tothis section,the
Licensee shall paytheCity all license fee and excisetaxesdue and owingforthe final quarter of
operation.
8.02Licensee shall havetherightto terminate thisAgreementfor convenience
provided thatitgivestheCityone year prior notice of termination and pays totheCity all license
feeandexcisetaxesdueandowingforthe final year of operation.
8.03Intheevent of a default byLicenseeunderany of theterms of this Agreement,
theCitymay terminate this Agreement by giving a 90-day written notice to Licensee;however,
Licensee may correct any default within 45 days of receipt of written notice.This Agreement
shallnotterminate if thedefaultis of anaturethatitcannotbecuredin45daysandLicensee
diligently proceedstocurethe default.
Section 9.Indemnification.
9.01 Licensee agrees to indemnify,save and hold harmless and defend the City,its
commission members,officers,agents and employees,from any and all claims,damages,
liability,losses,causes of action of any nature whatsoever,which may arise outof,in connection
with or because of theuse and occupancy of the municipal rights-of-way by Licensee orits
officers,agents,employees or independent contractors under this Agreement,or the breach of
this Agreement by Licensee.Licensee shall pay all claims,losses,liens,fines,penalties,
settlements or judgments,of any nature whatsoever,in connection therewith,including,but not
limited to,attorney's fees,paralegal fees,expert witness fees,consultant fees,investigative costs,
and coststo defend all claims or suits,including attorney's fees on appeal inthe name of the City
when applicable,and shall pay all costs and judgments which may issue thereon at both the trial
and appellate levels.The indemnification shall not be limited to the amount of comprehensive
general liability insurance which Licensee is required to obtain under this Agreement.This
indemnify shall not apply to any claims arising from an act of gross negligence or intentional
misconduct of the indemnified party.
Section 10.Insurance.
10.01 Licensee shall notcommenceworkunderthisAgreementuntilithas obtained all
insurance required under this section and such insurance has been approved bytheRisk Manager
of the City nor shall the Licensee allow any contractor or subcontractor to commence work on
the municipal rights-of-way until all similar insurance required of any contractor or
subcontractorhasbeenobtainedandapproved.
10.02Certificates of insurance shall be filed withtheRiskManagerpriortothe
commencement of thework.TheCertificates shall nametheCityasanadditionalinsuredand
shall contain a provision that coverages afforded under the policies will notbe canceled until 30-
days prior written notice has been given tothe City.In the event insurance coverage is canceled
Page5 of 12
ornot renewed byan insurer,Licensee shall provide a replacement certificate of insurance
within 30 days of cancellation or non-renewal as proof that equal and like coverage isin effect.
10.03 Policies shall be issued by companies authorized todo business under the laws of
theState of Florida.The insurers shall have financial ratings of nolessthan"A"and Class X
respectively inthe latest edition of "Bests Key Rating Guide",published byA.M.Best Guide.
Notwithstanding the foregoing,the insurance coverage required bythis Agreement may be
provided through self-insurance ora captive insurance company tothe extent allowed by law.
10.04 Insurance required for the construction of the facilities shall bein force until all
work issatisfactorilycompleted.
10.05 Comprehensive general liability insurance must be provided to insure against
bodily injury and property damage.Exposures to be covered include premises,operations,
products/completed operations,and certain contracts.Coverage must be written on an
occurrence basis,withthe following limits of liability:
DeathandBodilyinjury
1.Each occurrence $3,000,000
2.Annualaggregate$3,000,000
Propertydamage
1.Each occurrence $1,000,000
2.Annualaggregate$1,000,000
Personalinjury
Annual aggregate $1,000,000
Property damage liability insurance shall include coverage for the following
hazards:X-explosion,C-collapse,U-underground.
10.06 Workers compensation insurance shall be maintained during the term of this
Agreement and shall comply with statutory limits for all employees,and in the case any work is
sublet,Licensee shall require the contractor and subcontractors to provide workers compensation
insurance for all their employees unless such employees are covered bythe protection afforded
by Licensee.Licensee and its contractors and subcontractors shall maintain during the life of this
policy employers liability insurance.The following limits must be maintained:
Workers compensation Statutory
Employer's liability $500,000peroccurrence
10.07Comprehensiveauto liability:
Page6 of 12
Bodily injury
1.Each occurrence $3,000,000
2.Annualaggregate $3,000,000
Propertydamage
1.Each occurrence $1,000,000
2.Annualaggregate$1,000,000
Coverage shall includeowned,hired and non-owned vehicles.
Section 11.Assignment.
11.01 Licensee shall not assign or transfer this Agreement exceptas provided in article
VI,Section5,of theCityCharter,asamended.
Section 12.Compliance with Laws.
12.01 At all times during the term of this License,Licensee shall comply with all
applicable laws,rules or regulations of the City,and ofthe federal,state and county
governments,their regulatory agencies or commissions,which are nowor may be applicable to
the construction,installation,operation or maintenance of the telecommunications system,
including,without limitation,all special laws,ordinances,or regulations.Nothing in this
Agreement shall be deemed a waiver of Licensee's right to challenge the validity of any law,rule
or regulation.Any law,rule,or regulation of the City,or federal,state or county government,
their regulatory agencies or commissions,which may become applicable subsequent to the
effective date of this Agreement relating to the use of municipal rights-of-way for the
installation,operation or maintenance of the telecommunications system shall take precedence
over this Agreement.The City and Licensee shall amend this License to comply with newly
enacted,amended or repealed lawsor regulations.
Section 13.Governing Law:Venue.
13.01 The validity,construction and effect of this Agreement shall be governed by the
laws of the State of Florida.
13.02 Any claim,objection or dispute arising out of the terms of this Agreement shall be
litigatedinDade County,Florida.
Section 14.Insolvency.
Page7 of 12
14.01 Intheeventthateither party shall becomeinsolvent,makesa general assignment
forthebenefit of creditors,suffersor permits theappointment of areceiverforitsbusinessorits
assetsor shall avail itself of,orbecomessubjectto,anyproceedingunderthe Federal
BankruptcyAct,oranyotherstatute of anystate relating toinsolvencyortheprotection of rights
of creditors,or becomes subjectto rehabilitation,then,attheoption of theotherpartyand
immediatelyuponwrittennotice,thisAgreement shall terminateandbe of nofurtherforceand
effect.
Section 15.Entire Agreement
15.01 ThisAgreement contains the entire understanding of the parties relating tothe
subject matter,superseding all prior communications betweenthe parties,whether oral or
written.This Agreement maynotbe altered,amended,modified or otherwise changed nor may
any of the terms hereofbe waived,except bya written instrument executed by both parties.The
failure ofa party to seek redress for violation oforto insist on strict performance of any of the
requirements of this Agreement shall notbe construed as a waiver or relinquishment for the
future of any requirement,term,condition or election,and this Agreement shall continue and
remain in full force and effect.
Section 16.Severability.
16.01 Should any part,term or provision of this Agreement be determined bya court to
be invalid,illegal orin conflict with any law of this State,the validity ofthe remaining portions
or provisions shall notbe affected unless the determination results in a failure in consideration.
Section 17.Notices.
17.01 Allnoticesorother communications required bythis Agreement shall bein
writing and deemed delivered upon mailing by certified mail,return receipt requested,orby
receipted hand delivery tothe receiving party,tothe following persons and addresses:
TheCity:TheCityManager
TheCity of SouthMiami
6130 Sunset Drive
South Miami,Florida 33143
Witha copy to:TheCity Attorney
6130 Sunset Drive
South Miami,Florida 33143
Licensee:TCG South Florida
1001 CypressCreekRoad
Suite 209
Fort Lauderdale,Florida 33301
Page8 of 12
Attn:JimNevin,Director of Operations for TCG
South Florida (954)453-4240
Withacopyto:Office of theGeneralCounsel
TeleportCommunicationsGroupInc.
429RidgeRoad
Dayton,NJ 08810
Section 18.Other Provisions.
18.01 Shouldthe City,atanytimeduringthetermofthis Agreement,decideto vacate
all orpartofthe municipal rights-of-way,the vacation shall be subject tothis Agreement.
18.02Licenseehasbeen certified bytheFlorida Public Service Commission asan
alternate local exchange telecommunications company and the PSC found that Licensee has
sufficient technical,financial,and managerial capability to provide alternative local exchange
telecommunications service.
18.03 All ofthe powers,rights and privileges granted to the City and the Licensee in the
City's Telecommunications Systems ordinance,article X,sec.13-69,et seq.of the city code,are
incorporated into this License Agreement by reference as if fully set forth in this Agreement,and
are expressly agreed to by the parties.A copy of the telecommunications systems ordinance is
annexedtoandmadeapart of thisLicense Agreement.
18.04 The relationship of Licensee to the City is and shall continue to be an independent
contractual relationship,and no liability or benefits,such as worker's compensation,pension
rights or liabilities,insurance rights or liabilities or other liabilities,arising out of,or related to,a
contract for hire or employer/employee relationship,shall arise or accrue to either party orto
either party's agents or employees asa result of the performance of this Agreement.
Section 19.Attorneys'Fees.
19.01 The City,ifit is the prevailing party in any litigation between the parties arising
under this Agreement,shall be entitled to reasonable attorneys'fees,paralegal fees,expert
witnessfeeswhetherornotthewitnessisusedattrial,investigative costs,necessary consultant
costs,expenses and court costs,at both the trial and appellate levels and for post-trial
enforcement proceedings.
Section 20.Public Records.
20.01 The City must comply with the provisions of the Chapter 119,Fla.Stat.(i.e.the
Public Records Law).However,the City recognizes that certain records provided by Licensee
may be exempt from the disclosure requirements of Chapter 119,Fla.Stat.,and may be required
toremainconfidential.Thesedocumentsinclude,butarenotnecessarilylimitedto,records
included within the provisions of Sections 119.07(3)(r)and 166.23 l(9)(c),Fla.Stat.
Page 9 of 12
20.02Uponexecution,thisAgreementmayberecordedinthePublicRecords of Dade
County,Florida,bytheLicensee.
Section 21.Remedies Not Exclusive.
21.01 Therightsandremedies of theCitysetforthinthis Agreement andarticleX,sec.
13-69,etseq.of thecitycodeshallbeinadditionto,andnotinlimitationof,any
other rightsandremediesprovidedbylaworinequity.
Section 22.Sovereign Immunity
22.01 By entering into this Agreement,the City does not waive sovereign immunity
from,and shall notbe subject to,suitand liability for damages,prejudgment interest and
attorney's fees.Licensee may enforce any provision of this Agreement only by suit for
declaratory judgment,injunction,mandamus andother forms of equitable relief.
[Signatures appear onthefollowingpage]
Page 10 of 12
ATTEST:
Ronetta Taylor,CityClerk
Approved astoForm:
EarlGallop,City Attorney
Signedanddelivered
inthe presence of:
THE CITY OF SOUTH MIAMI,FLORIDA
CharlesD.Scurr,City Manager
TCG SOUTH FLORIDA
By:_
Title:
Page 11 of 12
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
I HEREBY CERTIFY thatonthisday of
personallyappeared ,
,2000,beforeme
tomepersonally known tobethe
individual whoexecutedthe foregoing instrument andacknowledgedbeforemethathe/she
executedthesameforthepurposes therein expressonbehalf of .
He/she is personally knowntomeor produced as identification.
STATE OF
COUNTY OF
)
)SS
)
I HEREBY CERTIFY that on this
personally appeared
Commission Expires:
FTL1 #503057 v2
NotaryPublic,State of Florida
Print Name:
Commission No.:
Commission Expires:
,2000,before medayof
to me personally known tobe the
individual who executed the foregoing instrument and acknowledged before me that he/she
executed the same forthe purposes therein express onbehalf of
He/she is personally known to me or produced as identification.
Notary Public,State of
Print Name:
Commission No.:
\\Dell_6100\Documents\City ofSouth Miami\0022-001\4369.doc
Page12 of 12
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
RIGHTS-OF-WAY;APPROVING A LICENSE AGREEMENT
BETWEEN THE CITY AND TCG SOUTH FLORIDA TO IN
STALL,OPERATE AND MAINTAIN TELECOMMUNICATIONS
SYSTEMS IN THE MUNICIPAL RIGHT-OF-WAY;PROVIDING
FOR SEVERABILITY.ORDINANCES IN CONFLICT,AND AN
EFFECTIVE DATE.(1"Reading-September5.2000)
Saidordinance canbe inspected inthe City Clerk's Office.Monday-Fri
dayduringregularofficehours.
Inquiries concerning these items should bedirected to the City Manag
er's Office at:663-6338
ALL interested partiesare invited toattendand will beheard.
Ronetta Taylor.CMC
CityClerk
CityofSouthMiami
PursuanttoFloridaStatutes 286.0105.theCityherebyadvisesthepub
lic that if a person decides to appeal any decision made by this Board.
Agency orCommission with respect to any matter considered atitsmeet
ing orhearing,heorshewill need a record of the proceedings,and that for
such purpose,affected person may needto ensure that a verbatim record
of the proceedings ismade which record includes the testimony and evi
dence uponwhichthe appeal istobe based.
9/8 00-3-93/88497M