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Home My WebLink AboutOrdinance_385_07/13/1989` ~. ~ ,~ ORDINANCE NO. 385 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE VILLAGE OF TEQUESTA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF ~ TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. That permission be and the same is hereby granted to the Southern Bell Telephone and Telegraph Company, hereinafter referred to as the "Company", its successors and assigns, to construct, maintain and operate lines of telephone and telegraph equipment, including the necessary poles, conduits, cables, fixtures, electrical conductors, and fiber optics and digital technology fixtures upon, along, under and over the rights-of- way, public roads, streets and highways of the Village of Tequesta, Florida, as its business may from time to time require, ~c- provided that all poles shall be neat and symmetrical. Section 2. The permission to use and occupy said rights-of- way, public roads, streets, and highways for the purposes herein setforth shall not be exclusive, and the Village reserves the right to grant a similar use of said rights-of-way, public roads, streets, and highways to any person at any time. Section 3. The work of erecting poles and constructing underground conduits under this Ordinance shall be done subject to the supervision of the Village, and the Company shall rep~.ace or properly relay anal repair all paving, sidewalks, streets, driveways, alleys, scaale areas, parkways, suucxrade, soil, grass, landscaping, irrigation systems, utility lines or structures that may be displaced by reason of such work, and upon failure of the Company to do so, after twenty (20) days notice in writing shall have been given by the Mayor of the Village to the Company, the Village may repair such portion of the public way that may have been disturbed by the Company, and collect the cost so incurred from the Company. Section 4. The Company shall endeavor to coordinate all construction, installation or repairs of the Company's facilities with all governmental entities having jurisdiction over the Company, and utilities which provide services in the vicinity of such activities of the Company, in order to minimize any adverse effects, disruption or disturbance. Prior to the Company's undertaking any construction, installation or repair of the Company's facilities which involves the cutting of any street surface, the Company shall obtain the approval of the Village, which approval shall not be unreasonably withheld. Section 5. In the event that at any time during which this Ordinance is in effect the Village shall lawfully elect to alter, or change the grade of any street, alley or other public way in order to accomodate the traveling public, the Company, upon reasonable notice by the Village, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other telephone fixtures at its own expense. Section 6. In consideration of the rights and privileges herein granted, the Company shall pay to the Village annually a sum eq:ial to one percent f?%) of the gress receipts of the Company on recurring local service revenues for services provided within the corporate limits of the Village 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 Village upon the Company and paid . ~• during the preceding fiscal year as defined herein. Payment shall be made to the Village for each of the years that this permission is in effect and shall be based on the receipts of the Company for the preceding fiscal year. For the purposes of this payment, such fiscal year shall end on December 31. The first such payment shall be based on the receipts for the fiscal year ending December 31, 1989, shall be made on or before April 1, 1990 and shall be for the permission year May 18, 1989 through May 17, 1990. Subsequent payments will be made on or before April 1 of each year for which the permission is herein granted. Section 7. If the Village wishes to verify the payments to the Village under this Ordinance, the Company shall permit the Village or a designated representative of the Village, 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 Village 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. Such Company records shall be maintained by the Company for the period prescribed by the Federal Communications Commission and/or the Florida Public Service Commission. Section 8. The Company shall defend, save harmless, and indemnify the Village against, and assume all liabilities for claims or damages which may arise or accrue to the Village for any injury to persons or property due to the negligence of the Company in doing any of the 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 Village, and the acceptance by the Company of this Ordinance shall be an agreement by it to pay the Village any sum of money for which the Village may become liable from or by reason of such injury. Section 9. The Company shall file with the Village Clerk of the Village its acceptance of this Ordinance within sixty (60) days from the date of its final passage. Section 10. The Company shall comply with all applicable codes, rules, regulations and laws, as they presently exist and as they may be subsequently amended or created. Nothing in this Ordinance shall be construed as a surrender by the Village of its right or powers to pass ordinances regulating the use of its streets. Section 11. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 12. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 13. The permission granted by this Ordinance, if accepted by the Company, shall be in force and effect for a term of ten (10) years from and after May 18, 1989. THE FOREGOING ORDINANCE was offered by Councilmember William E. Burckart , who moved its adoption. The Ordinance was seconded by Councilmember Ron T. Mackail , and upon being put to a vote, the vote was as follows: j .- Mayor of Tequesta ~,~.° c, mil, FOR ADOPTION Earl L. Collings Ron T. Mackail William E. Burckart AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 13th day of July , 1989. ~:z=~~v~r Village Cle eph N. Capretta T O Southern Bell B. Franklin Skinner President and Chief Executive Officer TO THE VILLAGE CLERK VILLAGE OF TEQUESTA, FLORIDA Southern Bell Center 675 West Peachtree Street, N.E. Atlanta, Georgia 30375 404 529-6237 Pursuant to Section 9 of Ordinance No. 385 adopted by the Village of Tequesta, Florida on the 13th day of July, 1989 entitled: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE VILLAGE OF TEQUESTA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." The Southern Bell Telephone and Telegraph Company hereby files with the said Village of Tequesta, Florida, its acceptance of said ordinance. EXECUTED THIS 7TH DAY OF SEPTEMBER, 1989 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PRESIDENT A BELdSOUTH Company