Ord. No. 13-89-1426ORDINANCE NO.13-89-14?6
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI PROVIDING FOR A FRANCHISE VITH THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY FOR THE PURPOSES OF ERECTING,
CONSTRUCTING,MAINTAINING AND OPERATING LINES OF TELEPHONE
AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER;PROVIDING FOR
A TERM OF FIFTEEN (15)YEARS;PROVIDING FOR A FEE;PROVIDING
FOR AN EFFECTIVE DATE AND CODIFICATION.
WHEREAS,the Southern Bell Telephone and Telegraph company
desires to renew its Franchise with the City of South-Miami for use
of public streets inthe transaction of its business;and
WHEREAS,theCity Administration recommends tjie franchisebeing
granted pursuant to the authority of Section 337.401,Florida
Statutes.
NOW,THEREFORE,BE IT ORDAINED BYTHE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI FLORIDA:
Section 1.ThattheSouthern Bell TelephoneandTelegraph
Company ("Company")is hereby granted a non-exclusive franchise for
the use of City right-of-ways upon the following terras and
conditions.
Section 2.The Company,its successors and assigns,is hereby
authorised to construct,maintain and operate lines of telephone
and telegraph equipment,including the necessary poles,conduits,
cables,electrical conductors and fiber optics and digital
technology fixtures upon,along,under and over the public roads,
streets,highways,and rights of way of the City of South Miami,
Florida,asits business may from time to time require,provided
that all poles shall be neat and symmetrical,and provided that no
utility work,described above or otherwise allowed,shall be
installed,located or relocated without a written permit issued by
the City.
Section 3.Theworkallowedunderthisfranchiseshallbedone
subject to the supervision of the City,and the Company shall
replace or properly relay and repair any sidewalk,street,sod,
landscaping or other improvement that may be displaced by reason of
such work,and upon failure of the Company so to do,after twenty
<20)days notice in writing given by the City Manager of the City
to the Company,the City may repair anything that may have been
disturbed bythe Company,and collect thecostso incurred from the
Company within forty-five (45)days of billing the Company.Any
failure of the Company to abide by this provision,or any other
provision of this franchise may result in the City causing this
franchiseagreementtobe null,void,andofnofurtherforceand
effect.
Section 4.In consideration of the rights and privileges herein
granted,the Company shall pay to the City annually asum equal to
one <1%>percent of the gross receipts of the Company on recurring
local service revenues for services provided within the corporate
limitsoftheCitybythe Company,providedthatthereshallbe
creditedagainstsuch sum theamountofall taxes,licenses,fees
andotherimpositions,exceptad valorem taxesand amounts for
assessments for special benefits,suchas sidewalks,street pavings
and similar improvements,and occupational license taxes levied or
imposedbytheCityuponthe Company.Paymentshallbemadetothe
City for each of the years that this franchise isin effect and
shall be based on the receipts of the Company for the fiscal year.
Forthepurposesofthis payment,such fiscal yearshallendon
March 31.The annual payment shall bemadetotheCityinfour (4)
installments.The first,second and third installments of the
annual payment shallbebaseduponsuchgrossreceiptsforthe
first,second and third quarters,respectively of the fiscal year
andshallbemadewithintwo (2)months followingtheendofthese
periods.Theforth installment ofthe annual payment shallbemade
within two <2)months oftheendofsuch fiscal year,shall be
based upon such gross receipts for the fiscal year but shall be
adjusted to reflect payment of the first three (3)installments.
The first of such payments shall be made on or before September 1,
1989,and shall be based upon the revenues collected during April,
May,and June of 1989.
In the event the state legislation regulating the fee that can
be imposed increases,the City reserves the right to increase the
fees received hereunder.No downward adjustment shall be
permitted.
Section 5.If the City wishes to verify the payments to the
City under this franchise,the Company shall permit the City ora
designated representative of the City,upon reasonable advance
written notice,to review the Company's billing and payment
records,upon which the payments were based,during normal business
hours at the location of the Company where such records are
maintained.However,no Company records may be duplicated or taken
from the Company's premises,and the City shall maintain the
confidentiality of the information disclosed in these records and
use the information solely for the purpose of verifying payments
by the Company,except as may be provided by the Federal and State
public records laws.
Section 6.The Company shall indemnify,defend and hold
harmless the City against,and assume all liabilities for,damages
which may arise or accrue to the City for any injury to persons or
property from the doing of any work herein authorized,by the
Company or any of its employees,and the acceptance by the Company
of this franchise shall be an agreement by it to pay to the City
any sum of money,including reasonable attorney's fees,for which
the City may become liable from or by reason of such injury.
Section 7.The Company shall file with the City Clerk of the
City its acceptance of this franchise within sixty (60)days from
fina1 passage.
Section 8,Nothing in this franchise shall be construed as a
surrender bythe City ofits right or power to pass ordinances
regulating theuseofitsstreets,rights-of-way,or granting
similar agreements,
Section 9.The permission granted by this franchise,if
accepted by the Company,shall bein force and effect fora term of
fifteen <15)years from and after April 21,1989.
Section 10.This Ordinance and Franchise Agreement shall be
codified in the City's Code of Ordinances.
PASSED AND ADOPTED THIS 13th DAY OF June ,1989
MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
\SBELL.FRANCHISE