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HomeMy WebLinkAboutDocumentation_Regular_Tab 9A_4/27/1989 os.lw\ . 1- ' ___ • 're 4 ., 11( 1k, • ` 4 \\ VILLAGE OF TE O B 1�� 017.4 QUESTA- �� Post Office Box 3273 • 357 Tequesta Drive��,�, � Tequesta, Florida 33469-0273 • (407) 575-6200 ii "..,NAPS FAX: (407) 575-6203 46 MEMORANDUM TO: Village Council FROM: Thomas G. Bradford, Village Manager 7 , DATE: April 18, 1989 SUBJECT: Ordinance Granting Franchise to Southern Bell Telephone and Telegraph Company The existing Franchise Agreement with Southern Bell was granted on May 18, 1959 for a period of thirty (30) years and as such expires May 18, 1989. A copy of the Ordinance granting the original franchise is attached hereto for your reference. This is a fairly straightforward process. Franchise fees paid to the Village by virtue of this Ordinance are dictated by State Law. The proposed new Ordinance grants a franchise for a term of ten (10) years versus the previous thirty (30) years. Due to rapid changes within the telecommunications industry, the Village should limit the time frame for such a franchise in order to make periodic adjustments to the changes in the industry. TGB/mk Attachment ORDINANCE NO. 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 EFF^:CTIVE 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 and electrical conductors upon, along, under and over the public roads, streets and highways of the Village of Tequesta, Florida, as its business may from time to time require, provided that all poles shall be neat and symmetrical. Section 2. 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 replace or properly relay and repair all paving, sidewalks, streets, driveways, alleys, swales, parkways, subgrade, soil, grass, landscaping, irrigation system, utility line or structure 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 3. The Company shall endeavor to coordinate all construction, installation or repairs of Company's facilities with all governmental entities having jurisdiction over Company, and utilities which provide services in the vicinity of such activities of Company, in order to minimize any adverse effects, disruption or disturbance. Section 4. All street cuts approved by the Village made by the Company under this Ordinance shall be maintained and repaired by the Company in accordance with the standards determined and required by the Village as such standards are applied to other authorized utilities operating within the Village. Section 5. Pursuant to separate written agreement(s) specifying terms and conditions that are mutually agreeable and providing for payment by the Village of reasonable compensation to Company, Company shall provide for use by Village and furnish to Village, cross-arms, conduit and pole space, if available, for any and all fire alarm, police alarm, or local radio control circuits, streetlights and cables, including but not limited to Village owned telephone cables, now or hereafter operated and maintained by the Village. Pursuant to separate written agreement(s), specifying terms and conditions that are mutually agreeable and providing for payment by the Village of reasonable compensation to Company, calculated based on tariffed rates, if applicable (or, if tariffed rates are inapplicable, based on a mutually acceptable method such as a mileage rate), Company shall also furnish, service and maintain - 2 - any and all necessary leased aerial and cable controlled circuits necessary for the efficient operation of any remotely controlled Village equipment including but not limited to radio receivers, transmitters and water level gauges. Company agrees and understands that any and all compensation provided for in the foregoing agreement(s) shall be paid by Village to Company, and Company shall not deduct any such compensation from the franchise fee payable by Company pursuant to this Ordinance. Said compensation shall not be considered part of the franchise fee. The terms of all agreement(s) referenced herein shall be consistent with Company's lawfully filed tariffs. Section 6. 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, 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 7. In consideration of the rights and privileges herein granted, the Company shall pay to the Village annually a sum equal to one percent (1%) of the gross 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 proceeding 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 8. 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 9. The Company shall indemnify the Village against, and assume all liabilities for damages which may arise or accrue to the Village for any 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 Village, and the acceptance by the Company of this Ordinance shall be an agreement by it to pay to the Village any sum of money for which the Village may become liable from or by reason of such injury. • - 3 - Section 10. 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 11. 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 12. 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 13. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 14. 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. Section 15. This Ordinance shall be in force and effect for a term of ten (10) years from and after its passage. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1989. Mayor of Tequesta Joseph N. Capretta ATTEST: Village Clerk • / a ',l ' - '11 ORDINANCE NO. 20 • AN ORDINANCE AUTHORIZING THE SOUTHERN - . - BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OP THE VILLAGE OF TEQUESTA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND .OPERATING LINES OF TELEPHONE AND TEL - GRA PH THEREON AND.THEREUNDER. SECTION 1. Be it ordained by the Village Council of Tequesta, Florida, that permission be and the same is hereby \ ► granted to the Southern Bell Telephone and Telegraph Company, . its successors and assigns, to construct, maintain and operate - lines of telephone and telegraph, including the necessary poles, . conduits, cables, fixtures and electrical conductors upon, along, • under and over the public roads, streets . and highways of the • Village of Tequesta, Florida, as its business may from time to time require, provided that all poles shall be neat and symmetrical.. • SECTION 2. 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 replace or properly relay and repair any sidewalk or- street that may be displaced by reason of such work, and upon failure of the Co.. sny so to do, after twenty 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 sidewalk or street that may have been • disturbed by the Company, and collect the cost so incurred from the Company. . _ SECTION 3. In consideration of the rights and privileges' - herein granted, the Company, when requested by the Village, will designate and provide without cost to the Village (1) on each pole - owned and used by the Company hereunder and during its ownership ' and use thereof, either (a) space for a fixture for, or (b) space . for a crossarm for, wires of the police and fire alarm signalling - system of .the Village, and (2) in each underground conduit owned And used by the Company hereunder and during its ownership and use thereof, one duct for the cables of the police and fire alarm signalling system of the Village; provided, however, that no use • shall ba made by the Village of said space on such poles or of said duet which will result in interfering with or impairing the operation or use of the Company's property or service, or which will endanger, damage or injure the person or property of the public or employees of the Company or Village. SECTION 4. The Company shall pay to the Village annually a sum equal to one per cent (1%) of the gross receipts of the Com pany from rentals derived from telephones in use within the corpor-' ate limits of the Village. Payment to the Village for each of the years .that this ordinance is in effect shall be made on or before the first day of April of that year, based on the receipts for the preceding fiscal year of the Company, the first of such annual payments to be made on or before /ffR/L / , 194,g based • on the receipts for the preceding fiscal year of the Company. SECTION 5. The Company shall indemnify the Village • * against, and assume all liabilities for, damages which may arise or accrue to the Village for any 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 Village, and the accept- ance by the Company of this ordinance shall be an agreement by it to pay to the Village any sum of money for which the Village may become liable from or by reason of such injury. SECTION .6. The Company shall file with the Village Clerk of the Village its acceptance of this ordinance within ninety days from the date when it shall take effect. SECTION 7. Nothing in this ordinance shall be construed as a surrender by the Village of its right or power to pass ordinances ' regulating the use of its streets. SECTION 8. This ordinance shall be . in force and effect for a term of thirty (30) years from and after its passage, and the Village hereby reserves the right -and requires the said Com- pany, as a condition precedent to the taking effect of this grant, . '. (� - 1 • to give And grant to the Village of Toquesta, Florida, the rigght, at and after the expiration of such term, to purchase the tele- phone and telegraph plant or other property in said Village used under or in connection with this grant,. or such part of such pro- party as the municipality may desire to purchase at a valuation of the property, real and personal, desired, vthich valuation shall be fixed by arbitration, as may be provided by law; and the accept- ance of this ordinance shall operate as a grant by the said Com- pany to the Village of said right to purchase. Introduced,_ read in full and passed on first reading on the /f M day of /1lPfl/1.- , 1959. Passed on second and final reading and not amended on • . the la day of /491 ,_ 1959. • APPROVED: • J. P. Kurtz • Mayor ' • • Albert D. Alderman C.W. Dy„s7 Councilman Councilman Thomas H. Daly Walter F. Lath rop Councilman • Councilman t; ATTEST: �j Ot .fili • Walter F. Lathrop c f Village Clerk •