Ord. No. 14-91-1479ORDINANCENO.14-91-1479
•i»mSwibS'SS1 ANoviaRmNOA J5SEKU hm
SheS AND JuE.L„SL»TBLEPH0NB AND TELEGRAPH EQUIPMENT
uff YEARS-S?ntLPR^DlNG F°R A TERM 0P "™
PROVIDING AN EFFECTIVE DATE.wV«*n.ioi,AWi>
WHEREAS,the Southern Bell Telephone and Telegraph Company
(hereinafter called "Company")desires to renew its franchise
with the City of South Miami (hereinafter called "city")for use
of public streets in the transaction of its business;and
WHEREAS,the City Administration recommends the permission
being granted pursuant to the authority of Section 362.01 Florida
Statutes;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
8ect*on.—i^.That the Company is hereby granted non
exclusive permission for use of City right-of-ways upon the
following terms and conditions.
Section 2.The Company,its successors and assigns,is
hereby granted permission 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,as its business may from
time to time require,provided that all poles shall be neat and
symmetrical;provided that no utility poles shall be installed,
located or relocated without approval of the City with a written
permit 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
Od,Escaping,or othet iBproveBent that fflay be
reason of such work *~*»ucn work,and upon failure of the rftM^or ™e Company so to do,
after twenty (20)days notice in writina •ln Siting gxven by the City
Manager to the Company,the City *ay repair anv h**y **pair any such sidewalk,.«»«-.<,..„*«.„,„,.„„th.t 1.K„v.,t|)t ^^^
..,«„„t»e c..„„y,,M coUMi ^>o
the Company.
i*-!^in consideration of thfi rights ^priwn>ere,„,ranted,the Company ^^^^^^^^^
eoual to one percent (W 0f the gross receipts ^^^^^
recurring local service revenues for services prided within the
corporate iimits of the city hy the Company,provi<Jed that ,„_
=hall be credited against 8uch 8Um the amount of all taxes
licenses,fees a„d other impositions Except ad valorem taxes
and amounts for assessments for special h.„.-„.specialbenefits,suchas
sidewalks,street pavinoa »„*..,Pavings and similar improvements,and
occupations license taxes,Uvied or imposed by the clty upon
the Company and paid during the preceding fiscal year as defined
herein.
Payment shall be made to the City for each of mtyroreacnofthe years that this
Ordinance is in effect and shan k^w«ect and shall be based on the receipts of the
Company of the fiscal year.For the purposes of this payment,
such fiscal year shall end on December 31st.The annual payment
shall be made to the City in four (4)instalments.The fir8t,
second and third installments of the annual *..ut cne annual payment shallbe
based upon such gross receipts for the first,second and third
quarters,respectively of the fiscal year and sh.ll be aaae on or
before three (3,month,following th.end of these periods.The
fourth installment of the annual payment shall De made on or
before three ,3,months following the end of such fiscal year
shall oe based upon such gross receipts for the fiscal year but
shall be busted to reflect payment of the fi„t three (3,
instalments.However,the firat annual payment shall be made in
one lump payment on or before three (3,months subsequent to the
passage of this Ordinance ,if accepted by the Company)and shall
be based upon revenues for the fiscal year ending December 31,
1989 and shall be for the permission year April 21,1989 through
April 20,1990.Further,tne second a„nual ^^^^^
in one lump payment on or before three ,3,months subsequent to
the passage of this Ordinance (if accepted by the Company,and
shall bebaseduponrevenues fnr »h.*i_,v revenues eor the fiscal year ending December
31,1990 and shall be for the permission year April 21,1990
through April 20,1991.
^Ctl°"§"L If the Clty vishes to verify the payments to
the City under this Ordinance,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 purposes
of verifying payments by the Company,except as may be provided
by the Federal and State public records law.
3eCtion 6-Tne Company shall install underground
extensions of telephone distribution lines in new residential
subdivisions over five units or new multiple occupancy buildings
where all other utilities will also be installed underground.
Such installation shall be provided in accordance with and
suMect to the requirements of applicable statutes,a„d the
Florida Public Service Commission Rules and Regulations,
including any requirements applicable to the applicant for such
services,such as the provision of necessary rights of way or
easements.
For new commercial construction over 10,000 square feet,and
commercial rehabilitation construction over 15,000 square feet
whenever thecostofrehabilitationexceeds50%oftheassessed
value of the land and building,the Company and the City agree to
cooperateinanefforttoprovide underground extensions of
telephone distribution lines.The Company shall not be required
to provide such underground extensions unless the applicant or
developer cooperates in providing appropriate facilities and pays
the costs of providing the facilities underground,and subject to
any requirements of applicable statutes of the Florida Public
Service Commission Rules and Regulations.
Section 7.TheCompanyshall indemnify theCity against,
andassumeallliabilities for damageswhichmayariseoraccrue
totheCity for aninjuryto persons orpropertyfromthedoing
of any work herein authorized,or the neglect of the Company or
anyofitsemployeestocomplywithanyOrdinanceregulatingthe
useofthestreetsoftheCity,andtheacceptancebytheCompany
ofthisOrdinanceshallbeanagreementbyittopaytotheCity
any sum of money for which the City may become liable from orby
reason of such injury.
Section B.Nothing in this Ordinance shall be construed as
a surrender by the City ofits right or power to pass Ordinances
regulatingtheuseofitsstreets,rights-of-way orgranting
similar agreements.
Section 9.TheCompanyshallfilewiththeCityits
acceptance of this Ordinance within sixty (60)days from the date
ofitsfinalpassage;otherwise,this Ordinance shall thereupon
become null and void.
Section10.The permission granted bythis Ordinance,if
accepted by the Company,shall bein force and effect fora term
of fifteen (15)years from and after April 21,1989.
Section 11.Ifanysection,clause,sentence,orphrase of
this Ordinance is held to be invalid or unconstitutional by any
courtof competent jurisdiction,then said holding shall inno
way affect the validityof the remaining portions of this
Ord inance.
Section 12.All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
PASSED AND ADOPTED this
7
th day of
lay
./1991.
APPROVED
MAYOR
ATTEST:
CITY C&E-RK
READ AND APPROVED AS TO FORM
CIT i ATTORNEY '7