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HomeMy WebLinkAboutOrdinance 92-22 ORDINANCE NO. 92-22 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA GRANTING TO UNITED TELEPHONE COMPANY OF FLORIDA, A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE TELEPHONE, TELEGRAPH AND TELEPHONIC RADIO AND OTHER TYPES OF COMMUNICATION SYSTEMS IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, FOR A PERIOD OF TWENTY (20) YEARS; ESTABLISHING A FRANCHISE FEE; PROVIDING FOR INDEMNIFICATION OF THE CITY; PROVIDING FOR CERTAIN CONDITIONS RELATING TO THE FRANCHISE; PROVIDING FOR THE INCLUSION OF LANDS WHICH MAY HEREAFTER BE ANNEXED INTO 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 Chapter 166, Florida statutes. SECTION 2. The City of Ocoee, a municipal corporation created and existing pursuant to the laws of the State of Florida, its successors and assigns (hereinafter called the "City") does hereby give and grant to UNITED TELEPHONE COMPANY OF FLORIDA, a corporation organized and existing under the laws of Florida, its successors and assigns (hereinafter called "Grantee"), the right, privilege, and franchise for a period of twenty (20) years from and after the effective date of this Ordinance to construct, maintain, and operate (a) a communications system or systems in, over, upon, under and across the present and future streets, alleys, avenues, easements for public utilities, highways, bridges, other public places and upon such public facilities as poles and conduits in the City of Ocoee, and (b) any and all necessary telephone, telegraph, telephonic radio and other methods and means of communication, together with all necessary or desirable poles, towers, cables, wires, transmission lines, and all necessary or desirable appurtenances thereto, for the purpose of supplying telephone, telegraph, telephonic radio, or other means of communication services to the City, the inhabitants thereof, and the persons and corporations beyond the corporate limits thereof, for domestic, commercial and other purposes. SECTION 3. This grant is made in consideration of the construction, maintenance and operation of telephone lines or other facilities by the Grantee as now and heretofore existing and as herein provided for and for the benefits and conveniences of the inhabitants of the city as a result thereof. SECTION 4. As a further consideration for the granting of this franchise, Grantee, by acceptance of this franchise, agrees to pay to the city an annual sum equal to one percent (1%) of the Grantee's gross annual receipts on recurring local exchange service revenues generated from the conventional business and residence subscribers located within the corporate limits of city. The annual sums due city shall be paid on or before the fifteenth (15th) of each month for the preceding month. The paYment of said fee to the City as hereinabove stated shall be the only franchise, inspection or similar type fee required of the Grantee by the City, and shall be in lieu of any telephone service provided at no charge, or at a rate below tariff rates; provided, however, that the paYment of the franchise fee shall not exempt Grantee from the paYment of (a) any applicable ad valorem taxes, and (b) amounts for assessments for special benefits, such as sidewalks, street pavings and similar improvements, and (c) occupational license taxes levied or imposed by the city. SECTION 5. In the event Grantee shall hereafter accept a franchise ordinance for telephone, telegraph, telephonic radio and other methods or means of communication from any municipality providing for the paYment of franchise fees in excess of the amount provided for in section 4 above, then Grantee shall be obligated to accept from the City a new twenty (20) year franchise agreement providing for the paYment of the same increased franchise fees. The Grantee shall give written notice to the City of any such franchise fee increase within thirty (30) days of the date thereof. SECTION 6. By acceptance of this franchise, the Grantee hereby covenants and agrees to hold the City completely harmless and to indemnify it from any and all liability, loss and damage of every nature whatsoever resulting from the Grantee's operations and facilities of every nature whatsoever, including, but not limited to, the operation, placing and repair of the Grantee's equipment, poles, lines, guy wires, conduits and holes and decli vi ties and breaks in pavement and other changes or alterations in the streets, sidewalks and property of the City. SECTION 7. All of Grantee's poles, towers, and wires shall be located so as to interfere as little as practicable with normal use of said streets, avenues, alleys, highways, bridges, and other public places, and so as to preserve reasonable means of egress and ingress to abutting property; PROVIDED, HOWEVER, that 2 this grant is made subject to the right of the City (a) to at all times control the distribution of space in, over, upon, under, and across the streets, avenues, alleys, and other public places of the city; and (b) to make such reasonable regulations affecting and governing the use of said streets, alleys, avenues, and other public places by the Grantee for its property and appliances as may, in the opinion of the City and its governing body, be required for the reasonable protection of the public health, safety, and accommodation of the community, and when in the opinion of the city and its governing body the public necessity or reasonable convenience so requires, to demand the removal, reconstruction, and relocation of such property and facilities. By acceptance of this franchise, Grantee agrees that it shall properly replace or repair any sidewalks, streets and/or public or private utilities that are displaced, destroyed, or damaged by the Grantee in connection with the installation, inspection or repair of its poles, lines, condui ts or other facilities; and upon failure so to do after thirty (30) days notice, in writing, shall have been given by the duly constituted authority of the City to the Grantee, the City may repair the same at the cost of the Grantee. SECTION 8. In the event of the annexation of any territory to the present corporate limits of the City of Ocoee, such annexed territory and all portions of the Grantee's system for telephone, telegraph, telephonic radio and other methods or means of communications located therein shall become subject to all of the terms and conditions of this franchise and Ordinance as of the time such annexation becomes effective. It shall be the responsibility of the City to notify Grantee in writing within thirty (30) days after the effective date of every such annexation. SECTION 9. This Agreement is subject to and shall not be considered as a modification of the provisions of sections 337.402, 337.403 and 337.404, Florida statutes, which are incorporated herein by reference and made a part hereof. This Ordinance shall not be construed to grant to Grantee any rights or privileges to establish a cable system, as defined in section 337.4061, Florida Statutes, within the corporate limits of the City. ordinances repealed. SECTION 10. Conflicts. in conflict herewith All be ordinances and parts of and the same are hereby SECTION 11. Severability. 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. 3 SECTION 12. Compliance with Charter Requirements. This Ordinance and franchise has been approved by the Ocoee ci ty 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) consecuti ve 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 13 . Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this /~~day of December, 1992. APPROVED: Clerk CITY OF OCOEE, FLORIDA S s:.~. tl~ S. Scott Vandergr ft Mayor ATTEST: J (SEAL) ADVERTISED NOVEMBER 15. 22. and 29. 1992 AND DECEMBER 6. 1992 READ FIRST TIME DECEMBER 1. 1992 READ SECOND TIME AND ADOPTED D~ctS-Ml'.I~ u.- , 1992. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROV1JJ>hAS TO FORM AND LEGALITY this /5 - day of December, 1992. FOLEY ijARDNER BY:~~~ city Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON tl6c~.1~ I~-, 1992 UNDER AGENDA ITEM NO. V A . C:IWPSlIDOCSIOCOEILEASESIUNITED.ORDjlll2S/921 GINNYE I PER:&<> 4 ACCEPTANCE OF CITY OF OCOEE ORDINANCE NO. 92-22 United Telephone Company of Florida, a Florida corporation, hereby accepts City of Ocoee Ordinance No. 92-22, a copy of which is attached hereto as Exhibit "A", and agrees to be bound by the terms and conditions thereof, subj ect to the adoption of said ordinance by the city commission of the City of Ocoee on December 15, 1992. United Telephone Company of Florida further acknowledges that the effective date of such ordinance will be December 15, 1992, its proposed date of adoption by the City commission of the City of Ocoee. IN WITNESS WHEREOF, united Telephone Company of Florida has caused this Acceptance to be properly executed by its duly authorized corporate officer and its corporate seal to be affixed hereto this IS' day of December, 1992. WITNESSES: UNITED TELEPHONE COMPANY OF FLORIDA, a Florida corporation /] ~-7:pn1Jr%:t~L y v<D~~ j~>}7ta Name: () ".s.A A . Krn;;:; By: ~~~ Name: Je M'. Johns t.~ () t1 ~~~~~1 ...-:; .-.:'f 'h_~' Title: Vice President-General Counse"f'...\:: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally. ~peared before me Jerry M. Johns , known to be the VP-lJenera 1 Counsel of UNITED TELEPHONE COMPANY OF FLORIDA, a Florida corporation and who ~] is personally known to me, or [ ] who produced a driver's license issued by the Florida Department of Motor Vehicles as identification, and who acknowledged that he executed the foregoing instrument freely and voluntarily for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and last aforesaid this 1st day of December , 1992. gJ~~ Signature of Notar Pame 1 a Campbe 11 Name of Notary (Typed, Printed or Stamped) State PAMELA CAMPBELL Notary Public - State of Florida My Commission Expires December 28, 1995 CC 159485 Commiuion Number (if not legible on Ileal): My Commiuion Expire. (if not legible on IIeIll): EXHIBIT "A" ORDINANCE NO. 92-22 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA GRANTING TO UNITED TELEPHONE COMPANY OF FLORIDA, A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE TELEPHONE, TELEGRAPH AND TELEPHONIC RADIO AND OTHER TYPES OF COMMUNICATION SYSTEMS IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, FOR A PERIOD OF TWENTY (20) YEARS; ESTABLISHING A FRANCHISE FEE; PROVIDING FOR INDEMNIFICATION OF THE CITY; PROVIDING FOR CERTAIN CONDITIONS RELATING TO THE FRANCHISE; PROVIDING FOR THE INCLUSION OF LANDS WHICH MAY HEREAFTER BE ANNEXED INTO 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 01' THE CITY 01' 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 Chapter 166, Florida Statutes. SECTION 2. The city of Ocoee, a municipal corporation created and existing pursuant to the laws of the State of Florida, its successors and assigns (hereinafter called the "City") does hereby give and grant to UNITED TELEPHONE COMPANY OF FLORIDA, a corporation organized and existinq under the laws of Florida, its successors and assigns (hereinafter called "Grantee"), the right, privilege, and franchise for a period of twenty (20) years from and after the effective date of this Ordinance to construct, maintain, and operate (a) a communications system or systems in, over, upon, under and across the present and future streets, alleys, avenues, easements for public utilities, highways, bridges, other public places and upon such public facilities as poles and conduits in the City of Ocoee, and (b) any and all necessary telephone, telegraph, telephonic radio and other methods and means of communication, together with all necessary or desirable poles, towers, cables, wires, transmission lines, and all necessary or desirable appurtenances thereto, for the purpose of supplying telephone, telegraph, telephonic radio, or other means of communication services to the City, the inhabitants thereof, and the persons and corporations beyond the corporate limits thereof, for domestic, commercial and other purposes. SECTION 3. This grant is made in consideration of the construction, maintenance and operation of telephone lines or other facilities by the Grantee as now and heretofore existing and as herein provided for and for the benefits and conveniences of the inhabitants of the City as a result thereof. SECTION 4. As a further consideration for the granting of this franchise, Grantee, by acceptance of this franchise, agrees to pay to the City an annual sum equal to one percent (1%) of the Grantee's gross annual receipts on recurring local exchange service revenues generated from the conventional business and residence subscribers located within the corporate limits of City. The annual sums due City shall be paid on or before the fifteenth (15th) of each month for the preceding month. The paYment of said fee to the City as hereinabove stated shall be the only franchise, inspection or similar type fee required of the Grantee by the City, and shall be in lieu of any telephone service provided at no charge, or at a rate below tariff rates; provided, however, that the paYment of the franchise fee shall not exempt Grantee from the paYment of (a) any applicable ad valorem taxes, and (b) amounts for assessments for special benefits, such as sidewalks, street pavings and similar improvements, and (c) occupational license taxes levied or imposed by the City. SECTION s. In the event Grantee shall hereafter accept a franchise ordinance for telephone, telegraph, telephonic radio and other methods or means of communication from any municipality providing for the paYment of franchise fees in excess of the amount provided for in section 4 above, then Grantee shall be obligated to accept from the City a new twenty (20) year franchise agreement providing for the paYment of the same increased franchise fees. The Grantee shall give written notice to the City of any such franchise fee increase within thirty (30) days of the date thereof. SECTION 6. By acceptance of this franchise, the Grantee hereby covenants and agrees to hold the city completely harmless and to indemnify it from any and all liability, loss and damage of every nature whatsoever resulting from the Grantee's operations and facilities of every nature whatsoever, including, but not limited to, the operation, placing and repair of the Grantee's equipment, poles, lines, guy wires, conduits and holes and declivities and breaks in pavement and other changes or alterations in the streets, sidewalks and property of the City. SECTION 7. All of Grantee's poles, towers, and wires shall be located so as to interfere as little as practicable with normal use of said streets, avenues, alleys, highways, bridges, and other public places, and so as to preserve reasonable means of egress and ingress to abutting property; PROVIDED, HOWEVER, that 2 this grant is made subject to the right of the City (a) to at all times control the distribution of space in, over, upon, under, and across the streets, avenues, alleys, and other public places of the City; and (b) to make such reasonable regulations affecting and governing the use of said streets, alleys, avenues, and other public places by the Grantee for its property and appliances as may, in the opinion of the City and its governing body, be required for the reasonable protection of the public health, safety, and accommodation of the community, and when in the opinion of the City and its governing body the public necessity or reasonable convenience so requires, to demand the removal, reconstruction, and relocation of such property and facilities. By acceptance of this franchise, Grantee agrees that it shall properly replace or repair any sidewalks, streets and/or public or private utilities that are displaced, destroyed, or damaged by the Grantee in connection with the installation, inspection or repair of its poles, lines, condui ts or other facilities; and upon failure so to do after thirty (30) days notice, in writing, shall have been given by the duly constituted authority of the City to the Grantee, the City may repair the same at the cost of the Grantee. SECTION 8. In the event of the annexation of any territory to the present corporate limits of the City of Ocoee, such annexed territory and all portions of the Grantee's system for telephone, telegraph, telephonic radio and other methods or means of communications located therein shall become subject to all of the terms and conditions of this franchise and Ordinance as of the time such annexation becomes effective. It shall be the responsibility of the City to notify Grantee in writing within thirty (30) days after the effective date of every such annexation. SECTION 9. This Agreement is subject to and shall not be considered as a modification of the provisions of sections 337.402, 337.403 and 337.404, Florida statutes, which are incorporated herein by reference and made a part hereof. This Ordinance shall not be construed to grant to Grantee any rights or privileges to establish a cable system, as defined in section 337.4061, Florida Statutes, within the corporate limits of the City. ordinances repealed. SECTION 10. Conflicts. in conflict herewith All be ordinances and parts of and the same are hereby SECTION 11. Severability. 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. 3 SECTION 12. Compliance with Charter Requirements. This Ordinance and franchise 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) consecuti ve 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 13. Effecti ve Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of December, 1992. APPROVED: ATTEST: CITY OP OCOEE, FLORIDA Jean Grafton, city Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED NOVEMBER 15. 22. and 29. 1992 AND DECEMBER 6. 1992 READ FIRST TIME DECEMBER 1. 1992 READ SECOND TIME AND ~OPTED , 1992. FOR USE AND RELIANCB ONLY BY THE CITY OP OCOEB, PLORIDA APPROVED AS TO PORK AND LEGALITY this day of December, 1992. By: APPROVED BY THB OeOEE CITY COMKISSIOH AT A MEETING HELD ON , 1992 UNDER AGENDA ITEM NO. FOLEY , LARDNER City Attorney C:\WPSlIDOCS\OCOElLEASfSlUNTrED.ORDIIItW'11.IGINNYEI PEIl:.. 4