HomeMy WebLinkAboutO-1990-004 r
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ORDINANCE NO. 04-90 I
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
1 AUTHORIZING THE SOUTHERN BELL TELEPHONE AND
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TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE
CITY OF DANIA, FLORIDA, FOR THE PURPOSE OF
ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING
LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON
AND THEREUNDER; PROVIDING THAT ALL ORDINANCES OR
j PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS
{ OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO j
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE. j
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, i
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FLORIDA: i
Section 1 . That 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 ,
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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 Dania, Florida , as its business may from time
to time require , provided that all poles shall be neat and
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symmetrical .
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Section 2. The work of erecting poles and constructing under-
ground 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 days notice in writing given by the City Manager of the City
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
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limits of the City by the Company,� P Y, 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 assess- I
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ments for special benefits , such as sidewalks , street pavings and
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{ similar improvements, and occupational license taxes ) levied or
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! 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 permission is in effect and shall be
based on the receipts of the Company for the preceding fiscal year.
For the purposes of this payment , such fiscal year shall end on
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December 31 . The first such payment shall be based on the receipts
for the fiscal year ending December 31 , 1989, shall be made on or
before March 1 , 1990 , and shall be for the permission year December
21 , 1989, through December 20, 1990 . Subsequent payments will be
made on or before March 1 of each year for which the permission is
herein granted .
Section 9 . If the City wishes to verify the payments to the
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City under this ordinance , the Company shall permit the City or a
designated representative of the City, upon reasonable advance
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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
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injury. €
Section 6 . The Company shall file with the City Clerk of the
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iCity its acceptance of this ordinance within sixty ( 60 ) days from the i
date of its final passage.
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I Section 7. Nothing in this ordinance shall be construed as a
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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
fifteen ( 15) years from and after December 21 , 1989.
Section 9 . That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be repealed
to the extent of such conflict.
Section 10 . That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 12th day of
December , 1989 .
PASSED and ADOPTED on Second and Final Reading on the 9th day
of January , 1990.
ATTE$T: MAYOR -- QP SIONER
CITY C - AUDITOR
DEPUTY
< APPROVED AS TO FORM AND CORRECTNESS
By:� C . 6G
i FRANK C. ADLER, City Attorney
;
qq} Ordinance No. 04-90
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/—� NO TICE OF HEARING ,I
DANI4OFNj,ORIDA OF l
ThE SUN-TATTLE; REGnRDING ADOPTION
R PROP05E0 ORD NANCES f[C
NOTICE IS IIERGCY GIY. "
EN DIN me CiN Commis- f
Established as The Hollywood Sun - January 4, 1935
F Io.Idn. Janmvv 9, IaE9. j.
nl [n0 n. r ano won f
HOLLYWOOD, BROWARD COUNTY, FLORIDA maa ec boo In. "i co�eoci
a nu "'neerino in InC CIIY I
Cpmm I-- IOpm nl Inp I
Dania Cily 1 B,
I00 WCL
bame Beacn Blvd.. Oanln,
Ip cpnsldcr m•pro•
STATE OF FLORIDA Rlpnda
oDlpa -on., nor DIP Inl.
IDNInR malnancn emwpd:
COUNTY OF BROWARD AN ORDINANCE OF THE
Beare the undersigned authority personally appeared Sybil J. Whale TIO AME NDAINO SUp;O1C:N ICI f
C HAPTERo no secN
Y 6 DA11, }e, OF
who on oath says (he/she) Is Cassif ied Telam,rl at ui A� THE CODE OF oR01•
a NANCES OF THE CIO V OR
I DnIJ IA, FLOR IDA TO
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of THE SUN-TATTLER, a dailya PROVIDE oFF.sTRPET
newspaper per published at Hollywood in Broward MENTS FORRMUITT..oE:
R IL ALL,
County, Florida; that the attached copy of advertisement, being a :L°T oRI I' ANO ETHoa
Notice Of Hearing PARTS OF ORDINANCE
ANp AI,L RESOLUTIONS
OR PgRTS OF RE SOLU-
TIONS IN CONFLICT
in the matter of City of Dania PEa eol'I Dr.
TENT OF SUCH Cpry.
FUCT; ANO PROVIDING
in the�mm. Room �(�($*N.LV D4 RE AN EFFECTIVE
was published in said newspaper in the issue of Dc-r- Z7 1989 ��++ AN ORDINANCE of THE
CITY DI ANCE FLOP].
THU
A. AUT"ORIZIN THE
OUiHU I BELL TELE•
GRAPH AND TEL
USE T1 EMPVU BLIP
Affianl further says that the said SUN-TATTLER is a newpaper published at Hollywood In ocR Eli 4NI4DF THE i AY
said Broward County, Florida,and that the said newspaper has heretofore been continuously ERpB�CTNG. CONSTRUCI-
published in said Broward County. Florida,each week and has been entered as second class oPBRAn"0AI"DRES AN
matter at the post office in Hollywood in said County. Florida, for a period of one year next E c apP�lO gUNPME�{E-
preceding the first publication of the attached copy of advertisement: and affiant further T" RE DN AND THERE.
Says that he has neither paid nor promised an T INnE R; vgOVIDI C
y person, firm or corporation any discount, T"AT AL R DIry A'R
rebate,commission or refund for the purpose of securing this advertisement for publication °R PART s of oRol-
In the�id news per.
p LUOIc SAOR PARTS OF
FLICT TIONS IN CON,
RES E PEALE URiO 1IT
E%E
TENT OF SUCH CON•
FLICF, AND PROVIDN6
I,OR AN EFFEC TI Vq
DATE.
Sworn to and subscribed before me AN ORDINANCE OF THE
CITY OF DANIA, C
rLORI•
Dn.AMENDING ARTI
this day of r Id Or CHAPTER }a h
A.D. 191� TIIE CODE OF ORDI.
NANCES OF TIIE CITY OF
uQ is iI UUIPC FL F DA.TANIAORE-
A OWRE A OU R FIFTHS
NOTARY PUBLIC 0 F TIT
CO MMISSOIFOR CTHF
APPROVAL OF CERTAIN
(SEAL) NOTARY PUBLIC,STATE OF FLORIDA. VARIANEE MYCOMMISSION EXPIRES:AUG.:D, 1993. RgoWDING
TOR SrSE ' ,;R A V:
AND PROVIDI BILIT
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