1990-05 Southern Bell Franchise for Operating Telephone Lines(2)u > u a i vc -'^'V1
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L RESOLUTION NO_5-90
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE
€ VILLAGE OF NORTH PAIIr1 BEACH, FLORIDA, AUTHORIZING
• A FRANCHISE BE ISSUED SY THE VILLAGE FOR SOUTHERN
• BELL TELEPHONE Cc TELEGRAPH CO~ANy Tp USE
~~•`. PUBLIC STREETS OF THE VILLAGE OF NORTH PAI~
~SCTHR FLORIDA, FOR THE PURPOSE OF ERECTING
UCTING, MAINTAJNJNG AND OPERATING LINES OF
TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND
THEREUNDER, AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE OOUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section t; That a permit or permlaston, pursuant to
• Chapter 26 of the Village Code of the Village of North Palm Beech,
be, and the same is hereby, granted to the Southern Sell Telephone
and Telegraph Company (hereinafter referred to as "Company°•), its
successors and assJgns, to construct, maintain and operate Lines
of telephone and telegraph equipment, including the necessary
poles, conduits, cables, electrice] conductors and fiber optics
end digital technology fixtures upon, along, under and over the
public roads, streets, highways and rights of way of the Village
bf North Palm Beach, Florida, as its business may from time to
time require, provided that ell poles shall be neat and
synmetricel.
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 shell replace
or properly relay end 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, end collect the cost.ao Incurred from the company.
Section 9: In consideration of the rJghta end privileges
herein granted, the Company shall pay to the Village annually a
sum equal to one percent (196) of the gross receJpts of the
Company on recurring local service revenues for services provided
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withtn the corporate limits of the Village by the Company,
i provided lhet there she]] be credited against such sum the amount
of ell taxes, licenses, fees and other imposttlons (except ad
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valorem taxes and amounts for assessments for specie] benefits,
such as sidewalks, street pavings end similar improvements, and
_~ ~ occupational license taxes) levied or Imposed by the Village upon
the Company end paid during the preceding !(seal year as defined
herein. Payment shall be made to the Vtllege 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 shell end on December
_~ 31. The first such payment shall be calculated on the receipts
for the fiscal year ending December 91, 1988, shall be made on or
! before Mey 8, 1890
~ and shell be for the permission year October
-1 19, 1988, through October 19, 1989. The second such payment shell
+ be calculated on the reeelpts for the fiscal year ending December
{ 9t, 1988, shall be made on or before May 8, 1990, and shall be
1 for the permission year October 14, 1889, through October 13,
1990. Subsequent payments will be made on or before March 7 of
+ each
1 year for which the permission is herein granted.
Section 9: If the Village wishes to verif
! to the Village under this Resolution y the payments
the Company shell permit the
Village or a designated representative of the Vtllege, 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 melntaJned. However, no Company records may be
duplicated or taken from the Company~s premises, and the Village
j shall maintain the conftdentieltty of the Information disclosed
L in these records and use the Information solely for the purposes
of verifying payments by the Company. Such Company records shall
be maintained Dy the Company for the period prescribed by the
• Federal Communications Commissfori and/or the Florida Public
Service Commtssion.
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Section 5: The Company shall indemnify the Village
i against, and assume all ](ebllltles for, damages which may arise
i or accrue to the Village for spy Injury to persons or property
• from the doing of any work hereto authorized, or the neglect of
the Company or any of !ts employees to com 1
P Y with any resolution
~ regulating the use of the streets of the Village, and the
_i ~ acceptenee b P Y
y the Com an of this Resolu~ffon shall be en agreement
by tt to pay to the Village any sum of money for which the
Village may become ]table from or by reason of such Injury.
~ Sectton 6: The Company shall file with the Village Clerk
.~ of the Village its acceptance of this Resolution within aJxty (60)
days from the date of its passage,
6ectton 7: Nothing in this Resolution shell be construed
es a surrender by the Village of its tight or power' to pass
' resolutions regulating the use of its streets,
com 1 Company shall
__ P y with the provisions of Sectton 337.4pt through Sectton
337.909, Fle. Stet., as emended from time to tJme, ea applicable,
i Sectton 8: The
permJt granted by this Resolution, it
1 accepted by the Company, shall be in force and effect for a term
of thtrty (30) years from end after October tq, tg8e
' Section 9:
This Resolution shall take effect upon the
Teter of passage or receipt by the Vi]Iege Clerk of Compeny~a
• acceptenee of this Resolution. In the event such acceptenee (a
not received by the Village Clerk wJthln sixty (60) days from the
date of adoption of this Resolution, thta Resolution shall be
rescinded eutomaticelly,
PASSED AND ADOPTED T1i1S 8th
1990. DAY OF March
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(Village Seal)
ATTEST:
,+,~/~~A M4YOR