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Home My Public Portal About1992-16 Authorizing Bellsouth Telecommunications, Inc to use the public streets of the villageSECOND ALTERNATE ORDINANCE ORDINANCE NO. 9 2 - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC STREETS OF THE VILLAGE, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MA/NTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR THE PAYMENT OF A ONE PERCENT iFEE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Permission is hereby granted to BellSouth Telecommunications, Inc., its successors and assigns ("the "Company"), to construct, maintain and operate lines of telephone and telegraph equipment, including the necessary poles, conduits, cables, electrical conductors, fiber optics and digital technology fixtures upon, along, under and over the public roads, streets, and rights -of --way of the Village of Key Biscayne, 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 rclay and repair any sidewalk, street, lawn, landscaping or swale that may be displaced by reason of such work, and upon failure of the Company L.0 du sv, after twenty (20) days' notice in writing given by the Village to the Company, the village may repair such portions of the sidewalk, street, lawn, landscaping or swale 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 shall pay to the Village annually a sum equal to one (1%) percent 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 being paid to the Village 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 preceding fiscal year as defined herein. The annum, payment shall be made to the Village for each year that the permission granted herein is in effect and shall be made to the Village 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 thn i nd of thnsm periods. The fourth installment of the annual payment shall be made within two (2) 1 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 throe (3) installments and any credits not previously taken. For the purpose of this payment, such fiscal year shall end on 2 August 31. The first such payment shall be based upon the receipts for the quarter, September, October, and November, 1992 and shall be made on or before December 31, 1992. Section 4. 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, to the extent permitted by law, the Village shall maintain the confidentiality of the information disclosed in these records and use the information solely for the purpose of verifying payments by the ' Company Such Company records shall be maintained by the Company ifor the period prescribed by the Federal Communications Commission and/or the Florida Public Service Commission. 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 empl nyppa 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 tha Village may become liable from or by reason of such injury. This indemnity 3 shall include all reasonable costs and attorneys' fees. Section 6. The Company shall endeavor to install underground extensions of telephone distribution lines that the Company has determined are necessary or desirable in new subdivisions where all other utilities will also be installed underground provided, however, that such installation shall be undertaken when practical and in accordance with and subject to the requirements of the applicable statutes and the Florida Public Service Commission Rules and Regulations. Section 7. The Company shall file with the Village Clerk its acceptance of this ordinance within sixty (60) days from the effective date. Section 8. 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 9. The permission granted by this ordinance, if accepted by the Company, shall be in force and effect for a term of 30 years from and after its passage. Section 10. Severability. The provisions of, this Ordinance are declared to be severable and if anv section, sentence, clause or phrase of this Ordinance shall for any reason be held to be Invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the .invalidity of any part. 4 Section 11. Inclusionin the Code. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become an appendix to the Village of Rey Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 12. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 14 4‘ day of JUL.'/ , 1992. PASSED AND ADOPTED on second reading this= day of Au6usT , 1992. ATT • . (kte VI GE CLERK PROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY \kaybiaacs\ord\telepurg.2d 103.001 5 BELLSOUTH TELECOMMUNICATIONS F. Duane Ackerman President and Chief Executive Officer TO THE VILLAGE CLERK VILLAGE OF KEY BISCAYNE, FLORIDA 4500 Southern Bell Center 675 West Peachtree Street, N.E. Atlanta, Georgia 30375 404 529-2566 Pursuant to Second alternate Ordinance No. 92-16 adopted by the Village of Key Biscayne, Florida on the llth of August, 1992, entitled: "AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC STREETS OF THE VILLAGE, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER: PROVIDING FOR THE PAYMENT OF A ONE PERCENT FEE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE." BellSouth Telecommunications, Inc., formerly Southern Bell Telephone and Telegraph Company, hereby files with the Village of Key Biscayne, Florida, its acceptance of said ordinance. EXECUTED THIS DAY THE 18TH DAY OF DECEMBER 1992 PRESIDENT AND CHIEF EXECUTIVE OFFICER