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HomeMy WebLinkAboutOrdinance 569 Sprint/United Telephone ORDINANCE NO. 569 AN ORDINANCE OF THE CITY OF WINTER SPRINGS; FLORIDA, AUTHORIZING SPRINT/UNITED TELEPHONE-FLORIDA, 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 Sprint-United Telephone-Florida, 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 Sprint-United Telephone- Florida, (thereinafter 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 be neat and symmetrical. 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 streets 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 - In consideration of the rights and privileges herein granted, the Company shall pay to the City annually a sum equal to one percent (1 %) of the gross receipts of the Company on corporate limits of the City by the Company, provided that there shall be credited against such sum being paid to the City the amount of all taxes, licenses, fees and other impositions (except ad valorem taxes and amounts for assessments for special improvements, and occupational license taxes) levied or imposed by the City upon the Company and paid during the preceding fiscal year as defined herein. The annual payment shall be made to the City for each year that the permission granted herein is in effect and 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 gross receipts for the first, second and third quarters, respectively, of the fiscal year and shall be made within two (2) months of the end of such fiscal year, shall be adjusted to reflect payment of the first three (3) installments and any credits not previously taken. For the purposes of this payment, such fiscal year(s) shall end on December 31. 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 to 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 of 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 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 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 - Nothing in this Ordinance shall be construed as a surrender by the City of its rights or power to pass ordinances regulating the use of its streets or public rights of way. SECTION VII - The rights created by this Ordinance shall be in force and effect for a term of three (3) years rom and after , 1994, or until they are terminated as a result of failure to comply with this ordinance or operational law. SECTION VIII - Conflicts. All ordinances or parts of ordinances in conflict herewith being the same are hereby repealed. SECTION IX - 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 of effect of any other section or portion of section or subsection or part of this Ordinance. SECTION X - Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. Passed and adopted this 10th day of October,1994. John F. Bush, Mayor ATTEST: Marge M. Hopkins CITY CLERK First Reading 9/12/94 Posted 9/19/94 Second Reading and Public Hearing 10/10/94 -- - -- -- - ~ ".- -- _. ',_.- -- _.- ..- - - .- - -- -- - - - -- --- - - -. !~ '.IbFftrlandO ;:)enttnel ~- I P.ublisiled Daily $47.60 ~tate of jflortba } 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared iTfAi'HTA pn~fI n() , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally n.il~~p~p~r published at f 4 :;;,F'J RFf?RY in ...s..E..nLNOJ F County, Florida; that the attached copy of advertisement, being a NOTlfF" OF PIIRI Ie H in the matter of OR]} NO .C;h9 in the ~rMTNOI r was published in said newspaper in the issue; of nl:1 /;:J t; /914 Court, Affiant further svs that the said Orlando Sentinel is a newspaper published at CA~~fI RrRR ,in said SFMTNOI f' County, Florida, and that the said newspaper has heretofore been continuously published in said SFMT NOI f County, Florida, each Week Da and has been entered as second-class mail matter at the post office in R in said SFMINOI r County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person firm or corporation any discount, rebate, commission or refund fo the ose of securin this vertiseme t for publication in the said ne a er. ~ The foregoing instrument w%,ackn SEPTEMBER, 19 ~, by who is personally known to me and who did (SEAL) ~<:'J1.'i '\'. ~}i:~<'>~'{" * ",;.~".""....;..:r .~...:::.) ','/ ,1\..", ",.>:";ff$'ii;' ~ ..,~ OF f\.l/,"Iof> El 12;\[<,IH L HADDAD My COfnm;"',on CC323402 Expires Oot. 13, 1997 Bonded by Hr" 800-422-1555 .- - - -- - --- - - ~ - -- -- -- NOTICE OF PUBUC HEARING CIlY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY ~N by lhI! Cl\y Commission of theC.ty of Wln~er serings. Florida, that said. CommiIl8lOl1 WIll hOld a Public Hearing on an 0rdi- nance entitled as follows: ORDINANCE NO. 569 AN ORDINANCE OF THE CIlY OF WINTER SPRINGS. FLORIDA, AU- THORIZING SPRINTIUNITEO TELE- PHONE-FLORIDA. TO USE THE PUBUC STREETS OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR FRANCHISE FEE; SEVERABIUTY. CONFUCTS AND EFFECTIVE DATE. . This Public Hearing will be held et 7:30 p.m. on Oct. 10. 1994, or as soon ~- ilaftar as possible In \he Commission Chamber, City Hall. 11~ S.R. 434, S' FlorIda ....,"" ~n~ :~' IlfOI)088d ordinance are ava'rlable In th8 offtce of \he Cl\y CIeIk for Inspaction. lnter~ parties~~~ appear 81 this hearing and be ,_.. WIth resoect to this proPosed ordinance. PERSONS WITH DlsABlUTlES NEED- ING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT ADA CO- ORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407)327-1800. PERSONS ARE ADvISEDLr~AT IF THEY DECIDE TO APPEAL ~T DECI. SIONS MADE AT THESE MEETING- S/HEARINGS. THEY WILLNEEO ARE. CORD OF THE PROCEEDINGS. AND FOR SUCH PURPOSE, THEY MAY NEED TO INSURE THAT A VERaATlMS RECORD OF THE PROCEEDINGS 1 MADE WHICH INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED, PER SECTION 286.0105, FLORIDA STATUTES. Dated this 25th day of Sept., 1994. CIlY OF WINTER SP"RINGS, FLORIDA Is/MarY T. Norton SLS~ Norton, City =.25, 1994 R ORDINANCE NO. 5 6 9 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING SPRINT/UNITED TELEPHONE-FLORIDA, TO USE THE PUBLIC STREETS OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR FRANCHISE FEE; SEVERABII.ITY, 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 Sprint-United Telephone-Florida, 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 Sprint-United Telephone- Florida, (thereinafter 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 be neat and symmetrical. 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 streets 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 - In consideration of the rights and privileges herein granted, the Company shall pay to the City annually a sum equal to one percent (1%) of the gross receipts of the Company on corporate limits of the City by the Company, provided that there shall be credited against such sum being paid to the City the amount of all taxes, licenses, fees and other impositions (except ad valorem taxes and amounts for assessments for special improvements, and occupational license taxes) levied or imposed by the City upon the Company and paid during the preceding fiscal year as defined herein. The annual payment shall be made to the City for each year that the permission granted herein is in effect and 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 gross receipts for the first, second and third quarters, respectively, of the fiscal year and shall be made within two (2) months of the end of such fiscal year, shall be adjusted to reflect payment of the first three (3) installments and any credits not previously taken. For the purposes of this payment, such fiscal year(s) shall end on December 31. 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 to 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 of 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 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 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 -Nothing in this Ordinance shall be construed as a surrender by the City of its rights or power to pass ordinances regulating the use of its streets or public rights of way. SECTION VII -The rights created by this Ordinance shall be in force and effect for a term of three (3) years rom and after , 1994, or until they are terminated as a result of failure to comply with this ordinance or operational law. SECTION VIII -Conflicts. All ordinances or parts of ordinances in conflict herewith being the same are hereby repealed. SECTION IX - 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 of effect of any other section or portion of section or subsection or part of this Ordinance. SECTION X -Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. ~' Passed and adopted this ~ day of ~o,~~ak.;l , 1994. _, ~ . JO USH, MAYOR ATTEST: ,. CITY Cl<, RK First Reading 9 / 12 / 9 4 Posted 9/19/94 Second Reading and Public Hearing 10 / 10 / 9 4