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ORDINANCE NO. 90-159 An ordinance authorizing the Southern Bell Telephone and Telegraph Company to use the public streets of the City of Lauderhill, Florida, for the purpose of erecting, constructing, maintaining and operating lines of telephone and telegraph equipment thereon and thereunder and providing for an effective date. Be it ordained by the city council of the City of Lauderhill, Florida: Section 1. Permission be and the same is hereby granted to the Southern Bell Telephone and Telegraph Company (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 Lauderhill, 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, street, lawn or swale 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 to the company, the city may repair such portions of the sidewalk, street, lawn or swale that may have been destroyed 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 (1) percent 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 amounts for assessments for special benefits, such as sidewalks, street paving 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. Payment shall be made to the city for each of the years that this ordinance is in effect and (except for the first payment) shall be based on the receipts of the company for the preceding fiscal year which will end on September 30th. Payments to be made to the city for each year that this ordinance is in effect shall be paid as follows: (1) The first such payment shall be based upon receipts for the eleven-month period ending September 30, 1990, shall be made on or before March 31, 1991, and shall be for the permission period October 31, 1990 to September 30, 1991; (2) Subsequent payments shall be based on the receipts for the fiscal year ending September 30th and shall be made on or before March 31st of each year of which the permission is granted and shall be for the permission year October 1st to September 30th. 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 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 5. 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. This indemnity shall include all reasonable costs and attorney 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 city clerk its acceptance of this ordinance within sixty (60) days from the date of its final passage. Section 8. 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 9. The permission granted by the ordinance, if accepted by the company, shall be in force and effect for a term of twenty-nine (29) years and eleven (11) months from and after October 31, 1990. Section 10. All ordinances or parts of ordinances, all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed as to the extent of such conflict. Section 11. This ordinance shall take effect immediately upon its passage. Dated this 10th day of September 1990. Passed and adopted on first reading this 27th day of August 1990. Passed and adopted on second reading this 10th day of September 1990.
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