Ord. No. 23-00-1725ORDINANCE NO.23-00-1725
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 METROMEDIA FIBER NETWORK SERVICES,INC.TO
INSTALL,OPERATE AND MAINTAIN TELECOMMUNICATIONS
SYSTEMS IN THE MUNICIPAL RIGHT-OF-WAY;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE
DATE.
WHEREAS,theMayorandCity Commission of the City of SouthMiamiowns
andoperates rights-of-way in which telecommunications companiesdesiretoinstall,
operateand maintain telecommunications systems;and,
WHEREAS,within thelastfewyearstheUnitedStatesCongressandthe Florida
Legislatureenacted sweeping telecommunications reformlegislationtopromotethe
development of nationalandinternational telecommunications systems;and,
WHEREAS,theFederal Telecommunications Act of 1996,47 U.S.C.§253(c),
preservesthe power of theCitytomanagetheuse of its rights-of-way by
telecommunications companies ona competitively neutraland nondiscriminatory basis;
and,
WHEREAS,theMayorandCity Commission enactedOrdinanceno.5-99-1679
onMarch2,1999,toregulatetheuse of the City's rights-of-ways by telecommunications
companies;and,
WHEREAS,the City received a completed application by Metromedia Fiber
Network Services,Inc.toinstall,operateandmaintaina telecommunications system in
the City's rights-of-way,theCity Manager recommendsapproval of theapplicationon
thebasesthattheapplicantsatisfiesthetechnical,legaland financial qualification
requirements,andtheCity Attorney recommendsapproval of theattached standard
licenseagreement.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.TheLicenseAgreementBetweenTheCity of SouthMiami,Florida
and Metromedia Fiber Network Services,Inc.,which is annexed to this ordinance as
Additionsshownbyunderlininganddeletionsshownbyoverstriking.
Page 2 of Ordinance #23-00-1725
App.1,is approved and the City Manager is authorized to execute and deliver the
agreement on behalf of theCity.
Section 2.If anysection,clause,sentence,or phrase of this ordinance isforany
reason held invalid or unconstitutional bya court of competent jurisdiction,the holding
shallnot affect the validity of theremainingportions of this ordinance.
Section 3.All ordinances orparts of ordinances in conflict withthe provisions
of this ordinance are repealed.
Section 4.This ordinance shalltake effect immediately upon approved.
PASSEDAND ADOPTED this_19day of September,2000.
ATTEST:APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
\\Dell_6100\Documents\City of South Miami\0022-001\6457.doc
MAYOR
1st Reading-9/5/00
2nd Reading-9/19/00
COMMISSION VOTE:4-0
Mayor Robaina:recused
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
Additions shown by underlining and deletions shown by overstriking.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Comm'n.Date:August 25,2000
Charles Scurr,City Manager
RonettaTaylor,CityClerk
Hakeem Oshikoya,Finance Director
FernandoRodriguez,Public Works Director
From:Earl G.Gallop,City Attorney Re:Ordinances approving right-of-way
licenseagreements for:
TCG South Florida
Metromedia Fiber Network
Services
Nextlink Florida,Inc.
IH
Subject:Ordinances relating to approval of license agreements for telecommunication
companies to install,operate and maintain telecommunication equipment inthe 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
governments may charge for use of the rights-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 alicense 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
MayorandCity Commission,etc.
August 25,2000
Page2
companyhasthelegal,technicaland financial abilitytoinstall,operateandmaintainthe
facilities.Ihave advised theCityManagertoacceptFloridaPublicService Commission
certificatesasadequateevidence of ability.
Itisexpectedthat approval of the agreements willhavea moderate,positiveeconomic
impact.Thedirectcoststothecityshouldbecoveredbytheapplicationfeeandany
applicable permitfees.Itisnotpossibletodeterminetheamount of revenuethecitywill
receivefrom recurring localservicerevenues.Licensefees are paidtothecityona quarterly
basis.
Recommendation:Approvethe proposed ordinances on first reading andschedulesecond
readingandpublichearing.
LICENSE AGREEMENT
BETWEEN THE CITY OF SOUTH MIAMI,FLORIDA
AND METROMEDIA FIBER NETWORK SERVICES,INC.
THIS LICENSE AGREEMENTisenteredintothisday of ,2000,by
and between:
CITY OF SOUTH MIAMI,FLORIDA
aFloridamunicipal corporation,
6130 Sunset Drive
South Miami,Florida 33143
and
METROMEDIA FIBER NETWORK SERVICES,INC.,
One North LexingtonAvenue
White Plains,New York 10601
IN CONSIDERATION of thesum of $10.00 paidtotheCity,and other good and
valuableconsideration,thereceiptandsufficiency of whicharehereby acknowledged,theparties
agree asfollows:
Section 1.Definitions.
1.01 The words andphrasesusedinthisAgreementshallhavethemeaningsgivenin
thissection.Words notdefinedinthissectionshallbedefinedinthefollowingorder:sec.13.71
of theCode of Ordinances of theCity of South Miami;the Communications Act of 1934,47
U.S.C.§521,et seq.,andtheTelecommunicationsAct of 1996,asamended;andtheFlorida
Statutes;and,if notdefinedthere,the words shallbegiventheircommonand ordinary meaning.
1.02 "Customer"shallmeananypersonwhoisprovidedservices of anykindby
Licensee,directlyorindirectly.Forthe purpose of provision of services between different
locations of thesamecustomer,theterm "customer"shall includeanypersoncontrolling,
controlledbyorundercommoncontrolwithsuchcustomer.
1.03 "EffectiveDate"shallmeanthedateonwhichthis Agreement is executed by
bothCityand Licensee.
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 Metromedia Fiber Network Services,Inc.
1.06 "License Year"shallbethefiscalyearfrom October 1st through September 30th
providedthatthefirstLicenseYearshallbeginontheeffectivedate of this Agreement andend
as provided inSec.2.3 of this Agreement.
Page 1 of 12
1.07 "LocalService Revenues"shallmeanallrevenuesreceivedbyLicenseefromits
customersforprovidingthelocaltransport of voice,dataandvideosignalsasprovidedinthis
Agreement,includingbutnot limited to,thoserevenuesderivedfromtelecommunication
serviceslistedinsubsec.(2)(a),sec.203.012,Fla.Stat.,asitmaybeamended.For purposes of
thisAgreement,"LocalServiceRevenues"donotincludethoserevenuesderivedfrom
telecommunicationsserviceslistedinsubsec.(2)(b)of sec.203.012,Fla.Stat.,asitmaybe
amended.
Section 2.Nonexclusive License.
2.01 Permission;License.TheCityhereby grants Licenseepermissiontoerect,
construct,install,operate,repair,maintain,expandandusethetelecommunicationssystemin,
on,over,underand,or,acrossthe municipal rights-of-way.
2.02Nonexclusive;Priority.ThelicensegrantedtoLicenseeisnonexclusive.This
Licensedoesnotestablishanypriorityfortheuse of the municipal rights-of-waybyLicenseeor
byanypresentorfuturefranchiseeorotherpermitholders.
2.03Use of municipal rights-of-way.Theuse of municipal rights-of-waybythe
Licenseeshallnotinanywayinterferewiththepublic'saccesstoanduse of therights-of-way.
Section 3.Term of License.
3.01 ThisAgreementis effective uponexecutionbybothpartiesforaninitialterm of
five(5)yearsunless earlier terminatedorpartially terminated asprovidedbelow:
(a)UponthisAgreementbeingterminatedbyoperation of law;or
(b)UpontheCity's enactment ofanordinanceconsistentwithSection337.401,Florida
Statutes,asamendedbySection50 of Ch.2000-260,Laws of Fla.("Section50"),in
which event Licenseeshallhaveonehundredtwenty(120)daysto register in
accordance withthelawfulregistrationprovisions of theCity'sordinanceasrequired
atthe time of thetermination.Following such termination of this Agreement,
Licenseeshallbeentitledtocontinuetousetherights-of-way,without interruption,
subjecttocompliancewiththeonehundredtwenty(120)dayregistration
requirement;or
(c)On September 30,2001,iftheprovisions of Section337.401,FloridaStatutes,in
effecton that datecontinuetolimitlocal governments toa registration procedure as
opposed toanagreementorfranchiseforaccesstotheirrights-of-way,Licenseeshall
haveone hundred twenty(120)daysto register in accordance withsaid section and
the provisions of thisAgreementshallterminate,exceptfortherightsandobligations
of this paragraph whichshallsurviveatermination.Licenseeshallbeentitledto
continuetousethe City's rights-of-way,withoutinterruption,subjecttocompliance
with the one hundred twenty (120)day registration requirement;or
Page 2 of 12
(d)If this Agreement is not terminated pursuant to (a),(b)or (c)above,or otherwise,
then at such time as Section 202.24(2)(a),Florida Statutes,as enacted by Ch.2000-
260,Laws of Fla.or Section 337.401,Florida Statutes,as amended by Section 51 of
Ch.2000-260,Laws of Fla.,or other similar statutory provisions become effective
prohibiting a local government from requiring the payment of fees or taxes now
required under Sections 4 and 5 of this Agreement,then Sections 4 and 5 shall no
longerbe effective.
3.02 This Agreement shall be renewed automatically for five five-year renewal periods
unless either party delivers written notice to the other party of its election notto renew the next
termatleastsixmonthspriortothe expiration of the current term.
Section 4.License Payments.
4.01 Beginning with the first quarter of the fiscal year which ends following the
effective date of this License,and for each quarter after that during the term of this Agreement,
Licensee shall pay to the City a licensee fee equal to one percent (1%)of its gross receipts on
recurring local service revenues derived during each quarter from service provided within the
corporate limits of theCityby Licensee.The license fee includes all taxes,licenses,fees and
other impositions by the City for the privilege of using the City's rights-of-way,but does not
include the city application fee and building permit fees,nor taxes,licenses,fees and other
impositions by other units of government.
4.02 The license fee charged by the City for the use of its rights-of-way is
nondiscriminatory and competitively neutral.It is no greater,and no less,than the fee the City
will charge any other telecommunications provider.
4.03 Payments of the license fee shall be remitted to and received by the City not later
than the twentieth (20th)day of the quarterly period on account of bills paid by customers during
the preceding fiscal quarter,together with a sworn statement truthfully stating the amount of the
license fee paid and the basis for the computation.Payments shall be delivered or mailed to the
Director of the Finance Department,City of South Miami 6130 Sunset Drive,South Miami,
Florida 33143,orto such other address as the City may specify with reasonable advance notice.
Section 5.Payment of Excise Tax.
5.01 Beginning with the first quarter of the fiscal year which ends following the
effective date of this License,and for each quarter after that during the term of this Agreement,
Licensee shall pay to the City a public utilities tax as provided in sec.166.231,Fla.Stat.,as it
may be amended,equal to ten percent (10%)of the monthly recurring customer service charges,
excluding public telephone charges collected on site,access charges,and any customer access
linecharges paid toLicensee.
Page3 of 12
5.02 Payments of the excise tax shall be remitted to and received by the City not later
than the twentieth (20th)day of the quarterly period on account of bills paid by customers during
the preceding fiscal quarterly period,together with a sworn statement truthfully stating the
amount of the excise tax paid and the basis for the computation.Payments shall be delivered or
mailed to the Director of the Finance Department,City of South Miami 6130 Sunset Drive
South Miami,Florida 33143,or to such other address as the City may specify with reasonable
advance notice.
Section 6.Changes in the Laws Regulating Fees.
6.01 The license fee or excise tax charged by this Agreement is the maximum amount
that is allowed by law.In the event that the law,which is sec.166.231 and sec.337.401,Fla
Stat.,is amended to authorize the City to charge a greater amount,this Agreement shall be
amended by operation ofthe law to increase the excise tax or license fee on the effective date of,
or as otherwise provided by,the law.
6.02 Similarly,in the event the maximum license fee or excise tax charged by this
Agreement is decreased by amendment to the law,this Agreement shall be amended by
operation of the law to decrease the excise tax or license fee on the effective date of,or as
otherwise provided by,the law.
Section 7.Duties and Responsibilities of Licensee.
7.01 No construction or installation of the system,or any part of it,shall be
commenced until the required permits have been issued by the proper departments of the City.
As a condition to the 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.
7.02 The Licensee shall at all times comply with the requirements of article X.sec.
13-69,et seq.of the city code.Licensee shall construct,install,operate and maintain the
telecommunications system in a 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,but not limited to the standards of the
Occupational Safety and Health Administration and the National Electrical Safety Code.
Section 8.Termination.
8.01 In the event that any use,certificate,permit or approval issued to Licensee is
canceled,expires,lapses or is otherwise withdrawn or terminated by agovernmental authority or
court of competent jurisdiction so that Licensee is unable to provide telecommunication services
Licensee shall have the right to immediately terminate this Agreement by giving written notice
of termination to the City.Upon termination of the Agreement pursuant to this section,the
Page4 of 12
Licensee shall paythe City all license fee and excise taxes due and owing forthe final quarter of
operation.
8.02Licensee shall havetherighttoterminatethisAgreementfor convenience
providedthatitgivestheCityoneyearpriornotice of termination andpaystotheCityall license
feeandexcise taxes dueandowingforthe final year of operation.
8.03Intheevent of adefaultbyLicenseeunderany of theterms of thisAgreement,
theCitymay terminate thisAgreementbygivinga90-daywritten notice toLicensee;however,
Licenseemay correct anydefaultwithin45days of receipt of writtennotice.ThisAgreement
shallnot terminate if thedefaultis of a nature that it cannot becuredin45daysandLicensee
diligently proceeds tocurethedefault.
Section 9.Indemnification.
9.01Licenseeagreesto indemnify,saveandholdharmlessanddefendtheCity,its
commissionmembers,officers,agentsandemployees,fromanyandallclaims,damages,
liability,losses,causes of action of anynaturewhatsoever,whichmayariseoutof,inconnection
withor because of theuseand occupancy of themunicipal rights-of-way byLicenseeorits
officers,agents,employeesorindependent contractors underthisAgreement,orthebreach of
thisAgreementbyLicensee.Licenseeshallpayall claims,losses,liens,fines,penalties,
settlementsorjudgments,of anynaturewhatsoever,inconnectiontherewith,including,butnot
limited to,attorney'sfees,paralegal fees,expertwitnessfees,consultantfees,investigativecosts,
andcoststodefendallclaimsorsuits,includingattorney'sfeesonappealinthename of theCity
when applicable,and shall payallcostsandjudgments which mayissuethereonatboththetrial
andappellatelevels.The indemnification shallnotbe limited totheamount of comprehensive
general liability insurance which Licenseeisrequiredtoobtainunderthis Agreement.This
indemnify shall not apply toany claims arising from anactofgross negligence or intentional
misconduct of the indemnifiedparty.
Section 10.Insurance.
10.01 LicenseeshallnotcommenceworkunderthisAgreementuntilithasobtainedall
insurance requiredunderthissectionandsuch insurance hasbeenapprovedbytheRiskManager
of theCitynorshallthe Licensee allowanycontractororsubcontractortocommenceworkon
the municipal rights-of-wayuntilall similar insurancerequired of anycontractoror
subcontractor has been obtained and approved.
10.02 Certificates of insuranceshallbefiledwiththeRisk Manager prior tothe
commencement of thework.The Certificates shallnametheCityasan additional insuredand
shall containaprovisionthatcoveragesaffordedunderthe policies will notbecanceleduntil 30-
dayspriorwrittennoticehasbeengiventotheCity.Intheeventinsurancecoverageiscanceled
ornotrenewedbyaninsurer,Licenseeshallprovideareplacementcertificate of insurance
within30days of cancellationornon-renewalas proof thatequalandlikecoverageisineffect.
Page 5 of 12
10.03 Policies shall beissuedbycompaniesauthorizedtodobusinessunderthelaws of
theState of Florida.The insurers shall have financial ratings of nolessthan"A"and Class X
respectivelyinthelatestedition of "BestsKeyRatingGuide",published by AM.BestGuide.
The insurance coverage required bythisAgreementmaybe provided inpartbyexcessor
umbrellacoverage.
10.04Insurancerequiredforthe construction of the facilities shallbeinforceuntil all
work issatisfactorilycompleted.
10.05Comprehensive general liability insurance mustbeprovidedtoinsure against
bodilyinjuryandproperty damage.Exposurestobecoveredincludepremises,operations,
products/completedoperations,and certain contracts.Coveragemustbewrittenonan
occurrencebasis,with thefollowinglimits of liability:
Deathand Bodily injury
1.Each occurrence $3,000,000
2.Annualaggregate $3,000,000
Property damage
1.Each occurrence $1,000,000
2.Annual aggregate $1,000,000
Personalinjury
Annual aggregate $1,000,000
Propertydamage liability insurance shall includecoverageforthefollowing
hazards:X-explosion,C-collapse,U-underground.
10.06 Workers compensationinsurance shall bemaintainedduringtheterm of this
Agreementandshall comply withstatutorylimitsfor all employees,andinthecaseany work is
sublet,Licensee shall requirethecontractorandsubcontractorstoprovide workers compensation
insuranceforalltheiremployeesunlesssuchemployeesarecoveredbytheprotectionafforded
byLicensee.Licensee anditscontractorsand subcontractors shallmaintainduringthelife of this
policyemployersliability insurance.Thefollowinglimitsmustbe maintained:
Workers compensation Statutory
Employer's liability$500,000peroccurrence
10.07 Comprehensive auto liability:
Bodily injury
1.Each occurrence $3,000,000
2.Annual aggregate $3,000,000
Page6 of 12
Propertydamage
1.Each occurrence $1,000,000
2.Annual aggregate $1,000,000
Coverageshallinclude owned,hiredand non-owned vehicles.
Section 11.Assignment.
11.01 Licensee shall notassignortransferthisAgreement,exceptasprovidedinarticle
VI,section5,oftheCityCharter,asamended.
Section 12.Compliance with Laws.
12.01 At all times duringtheterm of thisLicense,Licensee shall comply with all
applicablelaws,rulesorregulations of theCity,and of the federal,stateand county
governments,theirregulatoryagenciesorcommissions,whichare now ormaybe applicable to
theconstruction,installation,operationormaintenance of thetelecommunicationssystem,
including,without limitation,all special laws,ordinances,or regulations.Nothinginthis
Agreement shallbe deemed a waiver of Licensee's righttochallengethevalidity of anylaw,rule
orregulation.Any law,rule,orregulation of theCity,orfederal,stateor county government,
theirregulatoryagenciesorcommissions,whichmay become applicable subsequenttothe
effective date of this Agreement relatingtotheuse of municipal rights-of-way forthe
installation,operation or maintenance of thetelecommunicationssystem shall takeprecedence
overthisAgreement.TheCityandLicensee shall amendthisLicensetocomplywithnewly
enacted,amendedorrepealedlawsor regulations.
Section 13.Governing Law:Venue.
13.01Thevalidity,constructionandeffect of this Agreement shall begovernedbythe
laws of the State of Florida.
13.02 Any claim,objectionordispute arising out of theterms of this Agreement shall be
litigatedinDade County,Florida.
Section 14.Insolvency.
14.01Inthe event thateitherparty shall become insolvent,makes ageneralassignment
forthebenefit of creditors,suffersorpermitstheappointment of areceiverforitsbusinessorits
assetsorshallavail itself of,or becomes subjectto,anyproceedingundertheFederal
Bankruptcy Act,oranyotherstatute of anystate relating toinsolvencyortheprotection of rights
of creditors,or becomes subjectto rehabilitation,then,atthe option of theotherpartyand
Page7 of 12
immediately upon writtennotice,this Agreement shall terminateandbe of nofurtherforceand
effect.
Section 15.Entire Agreement.
15.01This Agreement containstheentireunderstanding of thepartiesrelatingtothe
subjectmatter,superseding all priorcommunications between the parties,whetheroralor
written.This Agreement maynotbealtered,amended,modified or otherwise changednormay
any of theterms hereof bewaived,exceptbyawritteninstrumentexecutedbyboth parties.The
failure of apartytoseekredressforviolation of ortoinsistonstrictperformance of any of the
requirements of thisAgreement shall notbe construed asawaiveror relinquishment forthe
future of anyrequirement,term,conditionorelection,andthis Agreement shall continueand
remain in full force and effect.
Section 16.Severability.
16.01 Shouldany part,termor provision of thisAgreementbedeterminedbyacourtto
be invalid,illegal orin conflict withanylaw of this State,thevalidity of the remaining portions
or provisions shall notbe affected unless the determination results ina failure in consideration.
Section 17.Notices.
17.01Allnoticesorothercommunications required bythisAgreement shall bein
writinganddeemed 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
With a copy to:TheCity Attorney
6130 Sunset Drive
South Miami,Florida 33143
Licensee:John Ambrus,Director of Network Development
Metromedia Fiber Network Services,Inc.
360 Hamilton Avenue
White Plains,New York 10601
Page8 of 12
Withacopyto:Office of theGeneralCounsel
Metromedia Fiber Network Services,Inc.
1 Meadowlands Plaza,6th Floor
East Rutherford,NJ 07073
Section 18.Other Provisions.
18.01 Should the City,at any time during the term of this Agreement,decide to vacate
all or part of the municipal rights-of-way,the vacation shall be subject to this Agreement.
18.02 Licensee has been certified bythe Florida Public Service Commission asan
alternate local exchange telecommunications company and thePSC 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 tothe 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
annexed toandmadeapartofthis License Agreement.
18.04 The relationship of Licensee to the City is and shall continue tobe 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 or to
either party's agents or employees as a result of the performance of this Agreement.
Section 19.Attorneys'Fees.
19.01 The City,ifitis the prevailing party in any litigation between the parties arising
under this Agreement,shall be entitled to reasonable attorneys'fees,paralegal fees,expert
witness fees whether or not the witness is used at trial,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 TheCity must comply with the provisions ofthe 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
to remain confidential.These documents include,but are not necessarily limited to,records
included within the provisions of Sections 119.07(3)(r)and 166.231 (9)(c),Fla.Stat.
Page 9 of 12
20.02Uponexecution,thisAgreementmayberecordedinthePublic Records 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
22.01ByenteringintothisAgreement,theCitydoesnotwaivesovereignimmunity
from,andshallnotbesubjectto,suitandliabilityfordamages,prejudgmentinterestand
attorney's fees.Licenseemayenforceanyprovision of thisAgreementonlybysuitfor
declaratoryjudgment,injunction,mandamus andotherforms of equitable relief.
[Signatures appear on the following page]
Page10 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
METROMEDIA FIBER NETWORK
SERVICES,INC.
By:_
Title:
Page 11 of 12
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
I HEREBY CERTIFY thatonthisday of ,2000,beforeme
personally appeared ,tomepersonally known tobethe
individualwho executed theforegoinginstrumentand acknowledged beforemethathe/she
executed thesameforthepurposesthereinexpresson behalf of .
He/sheis personally knowntomeorproduced as identification.
NotaryPublic,State of Florida
Print Name:
Commission No.:
Commission Expires:
STATE OF )
)SS
COUNTY OF )
I HEREBY CERTIFY thatonthisday of ,2000,beforeme
personally appeared ,tome personally knowntobethe
individualwho executed theforegoinginstrumentand acknowledged beforemethathe/she
executed thesameforthepurposesthereinexpresson behalf of .
He/sheis personally knowntomeor produced as identification.
NotaryPublic,State of
Print Name:
Commission No.
Commission Expires:
FTL1 #503053 v2
\\Dell_6100\Documents\City of South Miami\0022-001\3654.doc
Page12 of 12
MIAMI DAILY BUSINESS REVIEW
Puolished Daily except Saturday.Sunday and
Legal Holidays
Miami.Miami-Dade County.Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authority personally appeared
Octelma V.Ferbeyre,whoon oath says that she isthe
Supervisor,LegalNoticesoftheMiamiDaily Business
Review f/k/a MiamiReview,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,publishedat Miami in Miami-
DadeCounty,Florida;thatthe attached copyof advertise
ment,beingaLegalAdvertisementofNoticeinthematterof
CITY OF SOUTH MIAMI
PUBLIC HEARING-9/19/00
ORDINANCE AMENDING SEC.
3A-5,ETC.
in the XXXXX court,
was.published in sajd/ne.wspaper inthe issues of
Affiant further says thatthe said MiamiDaily Business
Reviewisa newspaper published atMiamiin said Miami-
Dade County,Florida,and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County,Florida,each day (except Saturday,Sunday and
Legal Holidays)andhasbeenenteredassecondclassmail
matter atthe post office inMiamiin said Miami-Dade
County,Florida,foraperiodofoneyearnextprecedingthe
firstpublicationofthe attached copyofadvertisement;and
affiant further says that she has-aeither paid norpromised
any person,firm or corporation any discount,rebate,com
missionor rebmd for tb«purpose ci securing this advertise
ment for puWicatiorjJfpme said newspaper.
(SEAL)
,Sworn to and subscribed before me this _
A.D
Octelma V.F fb^fs:p>rsonally kmaflmtPlflSSA
i*•:'&'¥\.MY COMMISSION #CC 835640
S$3£&;*/EXPIRES:March 4.2004
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY giventhattheCityCommissionoftheCityof
South Miami.Florida will conduct aPublic Hearings duringitsregularCity
CommissionmeetingTuesday.September 19.2000beginningat7:30
p.m.,inthe City Commission Chambers.6130 Sunset Drive,toconsider
thefollowing described ordinance(s):
AN ORDINANCE OFTHE MAYOR ANDCITY COMMISSION
OFTHECITYOFSOUTHMIAMI.FLORIDA.RELATINGTO
LOBBYISTS:AMENDING SEC.8A-5.ENTITLED "LOBBYISTS;
REGISTRATION AND REPORTING.EXEMPTIONS."OFTHE
CITY OF SOUTH MIAMI CODE.BY CREATING PARAGRAPH
(g).ENTITLED "PROHIBITION ON APPOINTMENT OF LOB
BYISTTO BOARDS AND COMMITTEES;PROVIDING FOR
SEVERABILITY.ORDINANCES IN CONFLICT.ANDANEF
FECTIVEDATE.(1':Reacing-September 5.2000).
AN ORDINANCE OF THE MAYOR ANDCITY COMMISSION
OFTHECITYOF SOUTH MIAMI.FLORIDA.AMENDING
CHAPTER 17ENTITLED "STREETS ANDSIDEWALKS"OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIA
MIFLORIDA,BY PROVIDING DESIGNATED ARTICLES AND
BYADDINGANEWARTICLE ENTITLED "STORMWATER
UTILITY"PROVIDING FOR THE CREATION OFACITYOF
SOUTH MIAMI STORMWATER UTILITY;PROVIDING FORITS
ORGANIZATION AND GOVERNANCE.PROVIDING DEFINI
TIONS ANDTHE DETERMINATION AND COLLECTION OF
FEES AND PROVIDING FOR THE IMPOSITION OFLATE
CHARGES AND INTEREST ANDOFLIENS THEREON:PRO
VIDING FOR FEE EXEMPTIONS.REPEALING ALLORDI
NANCES OR PARTS OF ORDINANCES IN CONFLICT HERE
WITH;PROVIDINGPENALTIESFORVIOLATIONSHEREOF;
PROVIDING FOR INCLUSION IN CODE;PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFEC
TIVEDATE.(1"Reading -September 5.2000)
n AN ORDINANCE OFTHEMAYORANDCITY COMMISSION
OF THECITYOF SOUTH MIAMI.FLORIDA.RELATINGTO
RIGHTS-OF-WAY;APPROVING A LICENSE AGREEMENT
BETWEEN THECITYAND METROMEDIA FIBER NETWORK
SERVICES.INC.TOINSTALL.OPERATE AND MAINTAIN
TELECOMMUNICATIONS SYSTEMS INTHE MUNICIPAL
RIGHT-OF-WAY;PROVING FOR SEVERABILITY,ORDI
NANCES IN CONFLICT.ANDAN EFFECTIVE DATE.{1"Read
ing-September 5.2000)/">