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O88-42ORDINANCE NO. 88-~-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF BOt~TON BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, T~RREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, A~ FOLLOWS: Section 1. Permission be and the same is hereby granted to the Southern Bell Telephone and Telegraph Company (hereinafter referred to as "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 Boynton Beach, 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 City, and the Company shall replace or properly relay and repair any sidewalk or street that may be displaced by reason of such work, and upon failure of the Company so to do, after twenty (20) days notice in writing given by the Mayor of the City, or his designee, to the Company, the City may repair such portion of the sidewalk or street 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 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 the amount of all taxes, licenses, fees and other impositions (except ad valorem taxes and 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. For the purpose of this payment, such fiscal year shall end on September 30~th. The first of such payments shall be based on the receipts for the fiscal year ending September 30, 1988; shall be made on or before January 1, 1989; and shall be for the first year that this permission is in effect, subsequent payments will be made on or before January 1st of each year for which the permission is herein granted. Section 4. 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 payment 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 5. The Company shall indemnify the City against, and assume all liabilities for damages which may 2 arise or accrue to the City or 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 6. The Company shall file with the City Clerk of the City its acceptance of this ordinance within sixty (60) days from the date of its final passage. Section 7. 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. Section 8. The permission granted by this ordinance, if accepted by the Company, shall be in force and effect for a term of twenty (20) years from and after its acceptance by the Company, provided however, by written notice within sixty (60) days prior to the tenth and fifteenth anniversaries hereof, either party may commence negotiations for modification of the consideration paid by the Company to the City set forth in Section 3 herein. If new terms for modification or the consideration cannot thereafter 'be agreed upon, either party may terminate this agreement upon an additional ninety (90) days notice to the other party. Section 9: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 10: Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 11: This ordinance shall become effective immediately upon passage and acceptance by the Company in accordance with Section 6. 1988. SECOND, FINAL READING and PASSAGE this~ day of ATTEST City ~i~rk CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Commissioner Commissi6n~r, -- ~ Commissioner (C6rporate Seal)