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)