Ord. No. 14-91-1479AORDINANCE NO. 14- 91- 1479A-
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI PROVIDING FOR A FRANCHISE AND
GRANTING PERMISSION AND AUTHORIZING SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC
STREETS OF THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE
PURPOSE 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
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
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:
sgction 1. That the Company is hereby granted non-
exclusive permission for use Of City right -of -ways upon the
following terms and conditions.
Sect,�on 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
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 t2C; days notice in writing given by t
Manager to the Company, the City may repair any such sidewalk,
street sod, landscaping, or other improvement that may have been
displaced by the Company, and collect the cost so incurred from
the Company.
Section 4. In consideration of the rights and privileges
herein granted, the Company shall pay to the City annually a sum
equal to one percent (lk) 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 and paid during the preceding fiscal year as defined
herein.
Payment shall be made to the City for each of the years that this
Ordinance is in effect 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
snail 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 on or
before three (3) months follovino the end of these oeriods. The
fourth installment of the annual payment shall be made on or
before three (3) months following the end of such fiscal year,
shall be based upon such gross receipts for the fiscal year nut
shall be adjusted to reflect payment of the first three (3;
installments. Hovever, the first annual payment shall be made in
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one lump Payment on or before three (3) months subsequent to the
passage of this Ordinance (i£ 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, the second 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, 1990 and shall be for the permission year April 21, 1990
through April 20, 1991,
11-1-1111111 - If the City wishes 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.
Section 6. The 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
sub]ect to the requirements of applicable statutes, and 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
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easements.
For new commercial construction over 101000 square feet, and
commercial rehabilitation construction over 15,000 square feet
whenever the cost of rehabilitation exceeds 50% of the assessed
value of the land and building, the Company and the City agree to
cooperate in an effort to provide 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. The Company shall . indemnify the City against,
and assume all liabilities for damages which may arise or accrue
to the City for an injury to persons Or property from the doing
Of any work herein authorized, or the neglect of the Company or
any of its employees to comply with any Ordinance regulating the
use of the streets of the City, and the acceptance by the Company
of this Ordinance shall be an agreement by it to pay to the City
any sum of money for which the City may become liable from or by
reason of such injury.
Leo Z'o_n B. Nothing in this Ordinance shall be construed as
a surrender by the City of its right or power to pass Ordinances
regulating the use of its streets, rights -cf -way or granting
similar agreements.
section 9. The Company shall file with the City Sts
acceptance of this Ordinance within sixty (60) days from the date
Of its final passage; otherwise, this Ordinance shall thereupon
become null and void.
Sect L2,n 10, The permission granted by this ordinance, if
accepted by the company, shall be in force and effect for a term
of fifteen (15) years from and after April 21, 1989.
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Section 11.. Si any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity . of the remaining portions of this
Ordinance.
Section 12.. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
PASSED AND ADOPTED this 21 th day of May
APPROVED:
�RAYOR
!TT S
Cl ' CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY -
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