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HomeMy WebLinkAboutOrdinance 528 BellSouth ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC STREETS OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR FRANCHISE FEE; SEVERABILITY , CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, deem it to be in the best interest of the City of Winter Springs, to authorize BellSouth Telecommunications, Inc. to use the public streets of the City of Winter Springs, Florida, for the purpose of erecting, constructing, maintaining and operating lines of telephone and telegraph equipnent thereon and thereunder. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I - Permission be and the same is hereby granted to BellSouth Telecommunications, Inc. (hereinafter referred to as the "Company"), its successors and assigns, to construct, maintain and operate lines of telephone and telegraph equipnent, 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 Winter Springs, Florida, as its business may from time to time require, provided that all poles or underground conduit be neat and symnetrical (and consistent with the zoning ordinances of the City). SECTION II - The work of erecting poles and constructing underground conduits under this Ordinance shall be done subject to the supervision of the City, and the Company shall replace or properly relay and repair any improvernents including but not limited to sidewalk or street or shrubbery that may be displaced by reason of such work, and upon failure of the Company so to do, after twenty days notice in writing given by the Mayor of the City to the Company, the City may repair such portion of the improvernents that may have been disturbed by the Company, and collect the cost so incurred from the Company. SECTION I I I - The City reserves the right to impose a fee upon the Company for the rights and privileges granted herein, the City may do so upon the City giving the Company three (3) month's notice of such intention. Such a fee if imposed, may not exceed 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 Iimits of the City by the Company or the maximum amount authorized by Florida statutes whichever is greater. Such payment, if imposed, shall be made to the City for each of the subsequent years for which the permission granted herein is in force and effect, and shall be based on the receipts of the Company for the fiscal year ending one year after the last day of the month in which the three (3) months' notice ends. 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 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 the periods. The fourth 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 reflect payment of the first three (3) installments and any credits not previously taken. If the permission granted under this Ordinance expires during a fiscal year, the payments will be prorated. SECTION IV - Upon imposition of a fee upon the Company to the City, the City shall have the right to verify the payments to the City under this Ordinance. In conjunction with the right of inspection, 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 base 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. 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 V - The Company shall indemify 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, 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 for or by reason of such injury. SECTION VI - The Company shall acknowledge its intent to comply with this Ordinance within sixty (60) days from the date of its final passage or else it will be construed that the Company does not intend to comply. SECTION VII - 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 or public rights of way. SECTION VIII - The rights created by this Ordinance shall be in force and effect for a term of thirty (30) years fram and after February 2, 1992 or until they are terminated as a result of failure to comply with this ordinance or operational law. SECI'ION IX - Conflicts. All ordinances or parts of ordinances in conflict herewith being the same are hereby repealed. SECI'ION X - Severability. If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this Ordinance. SECTION XI - Effective Date. This Ordinance shall became effective inmediately upon its passage and adoption. Passed and adopted this 14th day of September, 1992. CITY OF WINTER SPRINGS, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading August 10, 1992 Posted August 14, 1992 Second Reading and Public Hearing September 14. 1992 -----------------------------------------.. The Orlando Sentinel Pul."lish~d' Dail~ $41.8Y ~tatt of jflortba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared JUANITA ROSAno , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at C 1\ 5 5EL BERR Y in .s~f'1Ii\S{)1 E County, Florida; that the attached copy of advertisement, being a NOlIC E OF PUBLIC H FARING in the matter of n~ fl- .~ t; 2 A in the SEMINOLE was published in said newspaper in the issue; of 08/23/92 Court, Affiant further says that the said Orlando Sentinel is a newspaper published at CASSELBERRY ,in said SF" II\ulL E County, Florida, and that the said newspaper has heretofore been continuously published in said SEI1 I NOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in CASSELkERRY in said SEMINDLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi dvertisement for publication in the said ne - The foregoing instrument was ack wi edged before me this 24 day of August ' 19--9.2, by JHANITUOSADO_ who is personally known to me a~tre a~~~t.~ (SEAL) NOEMI B LUCERO I l\iIoen.,j H Lp,C'f'10 Nntllrt p"hli,'. ';1"'(> nf Florida My {'~mm1""jon 1",,":'1"'0 Augult. 26, 199. ~ion I cC042gn NonCE OF PUBUCHEAAING CITY OF WINTER SPRINGS. FLORIDA NOTICE IS HEREBY GIVEN by the City Co~mISSIO~ of the City of Winter 8enngs, Florida, that said Commission WI" hold a Public Hearing on an ordi- nance entitled as follows: ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AU- THORIZING BELLSOUTH TELE- COMMUNICATIONS, INC. TO USE THE PUBLIC STREETS OF THE CITY OF WINTER SPRINGS FLOR- IDA; PROVIDING FOR FRANCHISE FEE; SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. This Public Hearing wi" be held at 7:30 p.m. on Septemt5er 14, 1992, or as soon thereafter as possible in the Com- mission Chamber, City' Ha" 1126 East S. R 434, Winter Springs, FI.' 32708. . Copies of the proposed ordinance are available in the office of the City Clerk for Inspection. Interested parties may 8I>paar at this hearing and be heard With respect to thiS proposed ordinance Persons are adviSed that if they decide to appeal any deciSIOn made at this meeting, they wi" need a record of the prOCeedings and for such purpose, they may need to ensure that a verbatim re- cord Of. the proceedings is made which record Includes the testimony and evi- dence upon which the appeal is to be based per Section 286.0105 Florida Statutes. Dated this 23rd day of AUNust, 1992. ~L1jRlb"A WINTE SPRINGS, Is! Mary T. Norton Mary T. Norton SLS8H61~ Clerk Aug.23,1992 ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING BELLSOUTH TELECOMMfJNICATIONS, INC. TO USE THE PUBLIC STREET'S OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR FRANCHISE FEE; SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. wfHERF..F1.S, the City Commission of the City of Winter Springs, Florida, deem it to be in the best interest of the City of Winter Springs, to authorize BellSouth Teleco~rrnanications, Inc. to use the public streets of the City of Winter Springs, Florida, for the purpose of erecting, constructing, maintaining and operating lines of telephone and telegraph equipment thereon and thereunder. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I - Permission be and the same is hereby granted to BellSouth Telecommunications, Inc. (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, 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 Winter Springs, Florida, as its business may from time to time require, provided that all poles or underground conduit be neat and symmetrical (and consistent with the zoning ordinances of the City). SECTION II - The work of erecting poles and constructing underground conduits under this Ordinance shall be done subject to the supervision of the City, and the Company shall replace or properly relay and repair any improvements including but not limited to sidewalk or street or shrubbery that may be displaced by reason of such work, and upon failure of the Company so to do, after twenty days notice in writing given by the Mayor of the City to the Company, the City may repair such portion of the improvements that may have been disturbed by the Company, and collect the cost so incurred from the Company . SECTION III - The City reserves the right to impose a fee upon the Company for the rights and privileges granted herein, the City may do so upon the City giving the Company three (3) months' notice of such intention. Such a fee if imposed, may not exceed 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 City by the Company or the maximum amount authorized by Florida Statutes whichever is greater. Such payment, if imposed, shall be made to the City for each of the subsequent years for which the permission granted herein is in force and effect, and shall be based on the receipts of the Company for the fiscal year ending one year after the last day of the month in which the three (3) months' notice ends. 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 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 the periods. The fourth 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 reflect payment of the first three (3) installments and any credits not previously taken. If the permission granted under this Ordinance expires during a fiscal year, the payments will be prorated. SECTION IV - Upon imposition of a fee upon the Company to the City, the City shall have the right to verify the payments to the City under this Ordinance. In conjunction with the right of inspection, 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 base 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. Such Company records shall be maintained by the Company for the period prescribed by the Federal Comrnanications Commission and/or the Florida Public Service Commission. SECTION V - The Company shall indemnify 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, or the neglect of the Company or any of its employees to car~ply 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 swm of money for which the City may become liable for or by reason of such injury. SECTION VI - The Company shall acknowledge its intent to comply with this Ordinance within sixty (60) days from the date of its final passage or else it will be construed that the Company does not intend to comply. SECTION VII - 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 or public rights of way. SECTION VIII - The rights created by this Ordinance shall be in force and effect for a term of thirty (30) years from and after February 2, 1992 or until they are terminated as a result of failure to comply with this ordinance or operational law. SECTION IX - Conflicts. All ordinances or parts of ordinances in conflict herewith being the same are hereby repealed. SECTION X - Severability. If any section or portion of a section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this Ordinance. SECTION XI -Effective Date. This Ordinance shall became effective immediately upon its passage and adoption. Passed and adopted this /~ day of 1992. ~- ~ ~; J ~ PHY~IP A. K~7LBES, MAYOR i ATTEST: ~r~~~ CITY CL First Reading August 10, 1992 Posted August 14, 1992 Second Reading and Public Hearing September 14, 1992 C/ITY~ WINTER SPRINGS, FLORIDA 'T11e Orlando Sentinel Published Dail $41.8 ~itat~ of ,~'[oriba s.s. COUNTY OF ORANGE Before the undersigned authority personally appeared ,~'~pNITA ~OSADn who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at ~~.5-=1 ut`RRy in ~cM~~~['t fr County, Florida; that the attached copy of advertisement, being a ~y(~T_I-C ~-:~~ P~~LIC ~i FARING in the matter of t3RIi. "S~'A in the `~}_~ 7~vili ~ Court, was published in said newspaper in the issue; of~.ti/~'3f9>? Affiant further says that the said Orlando Sentinel is a newspaper published at ('u?'~;1=t ~rR2Y in said 5~M riLL~ County, Florida, and that the said newspaper has heretofore been continuously published in said ~;r1~T11EDL~= County, Florida, each Week Day and has been entered as second-class mail matter at the post office in {~ ~'~ ~t=~ k~i2RY in said Sf=t'tIN~7LE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi dvertisement for publication in the said neydsp~per~ `~j - ~ /f, The foregoing instrument was acknowledged before me this ~ day of ~„r,,,~ 19-~~, by ~iII~-:.-:.~;-r-.~ -~, rc-a-r-«-' who is personally known to me a who did ta4~e arj~d (SEAL) f~fi~1~~ ~~ LUGE~O ~t (yt~sat~+i tv l,r,,•NZtf P hl;,. ;f^TP ~tf Ftaridst NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by the City Commission of the City of Winter Springs, Fbrida, that said Commission will hold a Public Hearing on an ordi- nance entitled as folbws: ORDINANCE NO. 528 AN ORDINANCE OF THE CITY OF rutiuc; STREETS OF THE OF WINTER SPRINGS FI nw- AND EFFECTIVE DATE ~V This Pubkc Hearing will be held at 7;30 p.m. on September ta, 1992, or as soon thereafter a5 possible in the Com- mission Chamber, City Hall, 1126 East S. R. 434, Wiener Springs, FI. 32708. ' Copies of the proposed ordinance are available in the office of the Ciry Clerk for inspection. Interested parties may appear al this hearing and be heard with respell to this proposed ordinance. Persons are advised that if they decide to appeal any decision made at this meeting, they will need a record of the Proceedings and for such purpose they may need to ensure that a verbatim re- cord of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based per Section 286.0105 Florida Stahrtes. Dated this 23rd day of Au ust,1992. CITY OF WINTER SPRINGS, FLORIDA /s/ Mary T. Norton Mary T. Norton City Clerk SLS8H61006 Aug.23,1992 (~13trY} . u .. . fly ,~flr•~mtr,~+ion ~•-~,,.>~ August ~~T 199 ~a~ssx~r3leon # CC~291~