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HomeMy WebLinkAboutOrdinance 93-15 ORDINANCE NO. 93-15 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC., A GEORGIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO USE STREETS AND RIGHTS-OF-WAY IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, FOR A PERIOD OF TWENTY (20) YEARS; ESTABLISHING A FEE; PROVIDING FOR INDEMNIFICATION OF THE CITY; PROVIDING FOR CERTAIN CONDITIONS RELATING TO THE PERMISSION; PROVIDING FOR THE INCLUSION OR EXCLUSION OF LANDS WHICH MAY HEREAFTER BE ANNEXED INTO OR CONTRACTED OUT OF THE CITY OF OCOEE; PROVIDING FOR COMPLIANCE WITH APPLICABLE FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; CONFIRMING COMPLIANCE WITH CHARTER REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to section H of Article II of the Charter of the City of Ocoee, Article VIII of the Constitution of the State of Florida and Chapters 166 and 362, Florida Statutes. SECTION 2. Be it Ordained by the City Commission of the City of Ocoee, Florida, that permission be and the same is hereby granted to BellSouth Telecommunications, Inc. , a Georgia Corporation, (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 Ocoee, Florida, as its business may from time to time require, provided that all poles shall be neat and symmetrical. SECTION 3. The Company agrees that the area for which this permission is granted shall be increased or reduced as appropriate in the event of expansion or reduction by annexation and contraction of municipal boundaries as of the time such annexation or contraction becomes effective. In the event of such expansion or contraction, the City shall notify the Company of the change of boundaries within thirty (30) days after the effective date of every such annexation and the Company shall commence collection of the fee under this Ordinance within a reasonable time thereafter. SECTION 4. 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 sidewalk, street or other improvement that may be displaced by reason of such work, and upon failure of the Company so to do, af"cer twenty day~ notice in writing given by the City Manager of the City or his/her designee to the Company, the City may repair such portion of the sidewalk, street or other improvement that may have been disturbed by the Company, and collect the cost so incurred from the Company. SECTION s. In consideration of the permissions, 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 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 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 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. 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 following the end of these 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. For the purposes of this payment, such fiscal year(s) shall end on the anniversary of the last day of the month in which the Company accepts this Ordinance. SECTION 6. 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. 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 7. All lines and equipment erected by the Company upon, along, under and over the public roads, streets and rights- of-way within the corporate limits of the City shall be located so as not to cause unreasonable interference with the uses of the travelling public. SECTION 8. 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 from or by reason of such injury. SECTION 9. The Company shall file with the City Clerk its acceptance of this Ordinance within sixty (60) days from the date of its final passage. SECTION 10. 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. - 2 - SECTION 11. The permission granted by this Ordinance, if accepted by the Company, shall be in force and effect for a term of twenty (20) years and shall take effect upon the first day of the month following acceptance by the Company. SECTION 12. All ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 13. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 14. This Ordinance has been approved by the Ocoee City Commission at a public hearing preceded by at least thirty (30) days notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City, all pursuant to and in accordance with the provisions of Section H of Article II of the Charter of the City of Ocoee. SECTION 15. This Ordinance shall become effective on the first day of October , 1993. PASSED AND ADOPTED this rrrf day of ~6-(>~~6-fL , 1993. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ADVERTISED August 1, 8, 15 , 1993 AND August 22 1993 READ FIRST TIME August 3 , 1993 READ SECOND TIME AND ADOPTED Sb--p~e~ '7 , 1993. UNDER AGENDA ITEM NO. V. A. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPRO~p' AS TO FORM.AND LEGALITY this ~ day of ~ ' 1993. FOLEY , LARDNER BY: ~?~ City Attorney - 3 -