1990-05 Southern Bell Franchise for Operating Telephone LinesRESOLUTION NO. 5-90
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING
' A FRANCHISE BE ISSUED BY THE VILLAGE FOR SOUTHERN
BELL TELEPHONE & TELEGRAPH COMPANY TO USE THE
PUBLIC STREETS OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND
THEREUNDER, AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1: That a permit or permission, pursuant to
Chapter 28 of the Village Code of the Village of North Palm Beach,
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 Village
of North Palm 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 Resolution shall be done subject
to the supervision of the Village, 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 Village to the Company, the Village 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 Village 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 Village 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 pavings and similar improvements, and
occupational license taxes) levied or imposed by the Village upon
the Company and paid during the preceding fiscal year as defined
herein. Payment shall be made to the Village 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 December
31. The first such payment shall be calculated on the receipts
for the fiscal year ending December 31, 1988, shall be made on or
before May 8, 1990, and shall be for the permission year October
14, 1988, through October 13, 1989. The second such payment shall
be calculated on the receipts for the fiscal year ending December
' 31, 1989, shall be made on or before May 8, 1990, and shall be
for the permission year October 14, 1989, through October 13,
1990. Subsequent payments will be made on or before March 1 of
each year for which the permission is herein granted.
Section 4: If the Village wishes to verify the payments
to the Village under this Resolution, the Company shall permit the
Village or a designated representative of the Village, 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 Village
' 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 Village
against, and assume all liabilities for, damages which may arise
or accrue to the Village 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 resolution
regulating the use of the streets of the Village, and the
' acceptance by the Company of this Resolution 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.
Section 6: The Company shall file with the Village Clerk
of the Village its acceptance of this Resolution within sixty (60)
days from the date of its passage.
Section 7: Nothing in this Resolution shall be construed
as a surrender by the Village of its right or power to pass
resolutions regulating the use of its streets. Company shall
comply with the provisions of Section 337.401 through Section
337.409, Fla. Stat., as amended from time to time, as applicable.
Section 8: The permit granted by this Resolution, if
' accepted by the Company, shall be in force and effect for a term
of thirty (30) years from and after October 14, 1988.
Section 9: This Resolution shall take effect upon the
later of passage or receipt by the Village Clerk of Company's
acceptance of this Resolution. In the event such acceptance is
not received by the Village Clerk within sixty (60) days from the
date of adoption of this Resolution, this Resolution shall be
rescinded automatically.
PASSED AND ADOPTED THIS 8th DAY OF March ,
1990.
' (Village Seal ) a~iJ
ATTEST: MAYOR
illage lerk