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Ordinance 1986-015 Utility Franchise OrdinanceORDINANCE N0. 15 - 1986 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PRESCRIBING REASONABLE RULES AND REGULATIONS WITH REFERENCE TO THE PLACING AND MAINTAINING ALONG, ACROSS OR ON t ANY ROAD UNDER THE JURISDICTION OF THE VILLAGE THE ELECTRIC TRANSMISSION, TELEPHONE, OR TELEGRAPH LINES, POLE LINES, POLES, RAILWAYS, DITCHES, SEWERS, WATER, HEAT, OR GAS MAINS, PIPELINES, FENCES, GASOLINE TANKS AND PUMPS, OR OTHER STRUCTURES, PURSUANT TO SECTION 337.401, FLORIDA STATUTES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM ' BEACH, FLORIDA: Section 1. The Village of North Palm Beach Code is hereby amended by adding a new section, to be numbered Section , which said section shall read as follows: Section The Village hereby prescribes and adopts the following rules and regulations with reference to the placing and maintaining along, across or on any road under the Village's jurisdiction any electric transmission, telephone, or telegraph lines, pole lines, poles, railways, ditches, sewers, water, heat, or gas mains, pipelines, fences, gasoline tanks and pumps, or other structures, hereinafter referred to as the "Utility": 1. No Utility shall be installed, located or relocated along, across or on any road under Village jurisdiction, unless authorized by a written permit, hereinafter referred to as a "franchise", issued by the Village. 2. No franchise shall be issued for a term in excess ' of thirty (30) years. 3. Franchises shall not be granted to any person who is not a resident of this State, or to any corporation which is not organized under the laws of this State or licensed to do business within this State. 4. All franchises shall contain the following terms and conditions: (a) The installation and repair of a Utility located along, across or on such road shall be done subject to the supervision of the Village. (b) when any public road or right of way is damaged or impaired in any way because of the installation, inspection ' or repair of a Utility located along, across or on such road or right of way, the owner of the Utility shall, at its expense, restore the road or right of way to its original condition before such damage or Impairment. If the owner fails to make such restoration, the Village is authorized to do so, and charge the cost thereof against the owners. The owner shall be given notice of the cost of such restoration and a copy of a Resolution requiring the payment of the cost thereof, and shall be given reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days, 1n which to appear before the Village Council to contest the reasonableness of the Resolution. Should the owner or his representative not appear, ' the determination of the cost to the owner shall be final. The Final Resolution of the Village shall constitute a lien on any property of the owner and may be enforced by filing an authenticated copy of the Resolution in the Office of the Clerk of the Circuit Court o~ the County wherein the owner's property is located. The owner may obtain judicial review of the Resolution of the Village within the time and in-the manner provided for by the Florida Appellate Rules by filing in the Circuit Court of the County in which the Utility was located a Petition for a Writ of Certiorari in the manner prescribed by said Rules. (c) The franchise holder shall be responsible for any ' damage resulting from the issuance of such franchise, and 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 properties from the doing of any work authorized by the franchise, or the neglect of the franchise holder or any of its employees to comply with any ordinance regulating the 2 use of the streets of the Village, and the acceptance by the franchise• holder of the franchise shall be an agreement by it to pay to the Village any sum of money for which the Village may become liable from or by reason of such injury. (d) The franchise holder shall obey and comply with ' the Village Code and all Village Ordinances, including, but not limited to, Section 36-32 of the Village Code, as the same may be amended from time to time. (e) The franchise holder shall grant to the Village, as a condition for issuance of the franchise, the right, at and after the expiration of the term of the franchise, in the event the franchise holder fails or refuses to renew the franchise, to purchase the property, consisting of all the works constructed and used in the operation and use of the Utility, together with the appurtenances, materials, fixtures, machinery and real estate pertaining thereto, which is on hand at the time of the expiration of the franchise, at a price to be ' mutually agreed uponT provided, however, if :the price for same cannot be agreed upon, the price shall be determined by an Arbitration Board consisting of three persons, one of whom shall be selected by the Village, one shall be appointed by the franchise holder and the two persons so selected shall select a third member of said Boards and provided further that in the event said Board cannot agree as to the price to be paid by the Village, then the Village shall file appropriate condemnation proceedings. (f) As a condition for granting permission to occupy the Village streets and rights of way, the franchise holder shall pay to the Village a fee of five percent (58) of the ' gross receipts of the franchise holder from local service revenues for services provided within the corporate limits of the Village by the franchise holder. Such fee shall be collected for all commodity utility services provided within the Village and shall apply equally to all persona and/or 3 institutions, whether not-for-profit or for profit. This fee shall not apply to one-time charges, such as meter installations, late fees or capital recovery fees. Such fees shall be paid on or before the first day of March, June, September and December, based upon the receipts of the ' preceding quarter of the fiscal year of the franchise holder, the first of such annual payment to be paid on or before the first day of March to occur during the term of the franchise. Notwithstanding the above, the fee required of any telephone company may not exceed one percent (18) of the gross receipts on recurring local service revenues for services provided within the corporate limits of the Village by such telephone company, as provided in Section 337.401(3), Florida Statutes. (g) The fcanchise holder shall be entitled to retain 5 percent (58) of the total franchise fee due the Village in order to defray its administrative expenses in complying with the terms and conditions of this franchise. ' (h) Nothing in the franchise shall be construed as limiting or affecting in any way the right or power of the Village to pass ordinances regulating the use of its streets and rights of way. (i) In the, event the Village, or any other governmental authority with jurisdiction thereof, changes or requires a change of a street or alley configuration or placement, the owner of the utility shall, at its expense, remove, move, rearrange, relocate, repair and restore the utility in accordance and in compliance with the changed street or alley configuration or placement. The provisions of Section 4(b) above shall apply to this section. ' Section 2. Section 2-173 of the Village of North Palm Beach Code, dealing with jurisdiction of the Code Enforcement Board, is hereby amended by adding to the jurisdiction of the Code Enforcement Board, jurisdiction over the Code section set forth in Section 1 of this Ordinance. 4 Section 3. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 11TH DAY OF SEPTEMBER , 1986. PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY ' OF OCTOBER , 1986. (Village Seal) M R ATTEST: l-ice/ a'Ge-+'-'v / ,c,c,Qcr ~ hi ~. Village Clerc 1298P/de -, L__. 1 5