Ord. No. 13-89-1426AORDIHABCB HO.13-89-14264
AM ORDIIABCB OF THE HAYOR A¥D CITY COMMISSI OB OF THE CITY OF
SOUTH HI AM I PROVIDIHG FOR A FRAHCHISH WITH THE SOUTHBRH BBLL
TELEPHONE AlffD TELBGRAPH COKPAHY FOR THE PURPOSES OF ERECT IIG,
CONSTRUCTING,HAIHTAIHIHG AHD OPERATIBG LI FES OF TBLBPHOSB
ABTD TELEGRAPH EQUIPMEBfT THEREOH AED THEREUHDBR;PROVIDIHG FOR
A TERJC OF FIFTBBI (15)YEARS;PROVIDIHG FOR A FEB;PROVIDING
FOR AH EFFECTIVE DATE AOT)CODIFICATIOH.
WHEREAS,the Southern Bell Telephone and Telegraph company
desires to renew its Franchise with the City of South Miami foruse
of public streets in the transaction of its business;and
WHEREAS,the City Administration recommends the franchise being
granted pursuant to the authority of Section 337.401,Florida
Statutes.
NOV,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI FLORIDA:
Section 1^That the Southern Bell Telephone and Telegraph
Company ("Company")is hereby granted a non-exclusive franchise for
the use ofCity right-of-ways uponthe following terras and
condi ti ons.
Seel lqn_2^_The Company,its successors and a-^igns,is hereby
authorized 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 fixturesupon,along,underandoverthe public roads,
streets,highways,and rights ofwayofthe City of South Miami,
Florida,asits business may from timeto time require,provided
that all poles shallbe neat and symmetrical,and provided thatno
utility work,described above or otherwise allowed,shall be
installed,located or relocated without a wi itton peiroit issued by
the City.
Section 3^The.work allowed under this franchise shall be done
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 by the Company,and collect the cost so 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
franchise agreement to be null,void,and of no further force and
effect.
Section 4.In consideration of the rights and privileges herein
granted,the Company shall pay to the City annually a sum equal to
one (1%)percent of the gross receipts of the Company on recurring
local service revenues for services provided within the corporate
limits of the City by the Company,provided that there shall be
credited against such sum the amount of all taxes,licenses,fees
and other impositions,except ad valorem taxes and amounts for
assessments for special benefits,such as sidewalks,street pavings
and similar improvements,and occupational license taxes levied or
imposed by the City upon the Company.Payment shall be made to the
City for each of the years that this franchise is in effect and
shall be based on the receipts of the Company for the fiscal year.
For the purposes of this payment,such fiscal year shall end on
March 31.The annual payment shall be made to the City in four <4)
installments.The first,second and third installments of the
annual payment shall be based upon such gross receipts for the
first,second and third quarters,respectively of the fiscal year
and shall be made within two (2)months following the end of these
periods.The forth installment of the annual payment shall be made
within two (2)months of the end of such fiscal year,shall be
based upon such gross receipts for the fiscal year but shall be
adjusted to rofleqt 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,
Kxy,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.
i.If tne Cjty wishestoverify the payments tothe
City under this franchise,the Company shall permit the City or a
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....JL_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 sura of money,including reasonable attorney's fees,for which
the City may become liable from or by reason of such injury.
^ctipn,/^The Company shall file with the City Clerk of the
City its acceptance of this franchise within sixty (60)days:from
final passage.
^Sction^B^Nothing in this franchise shall be construed as a
surrender by the City of its right or power to pass ordinances
regulating the use of its streets,'rights-of-way,or granting
similar agreements.
Section—9^The permission granted by this franchise,if
accepted by the Company,shall be in force andeffectforatermof
fifteen (15)years from and after April 21,1989.s
§§cti_on—10^This Ordinance and Franchise Agreement shall be
codified intheCity'sCodeofOrdinances.
PASSED AND ADOPTED THIS 13 DAY OF June 1989
MAYOR
ATTEST:
READ AND APPROVED ASTO FORM;
CITY ATTORNEY
\SBELL.FRANCHISE
Xi'X-l 'W"