Ordinance No. 40-96-19 v ORDINANCE NO. 40-96-19
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO
USE THE PUBLIC STREETS OF ATLANTIC BEACH FOR THE
PURPOSES OF ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIP-
MENT THEREON AND THEREUNDER, AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida:
SECTION 1. Permission is hereby granted to BellSouth Telecommunications, Inc.
(hereinafter referred to as "BellSouth"), 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 Atlantic
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 ordinance shall be done subject to the supervision of the city. BellSouth shall
replace or properly relay and repair any sidewalk or street that may be displaced by reason
of such work, and upon failure of BellSouth to do so after twenty (20) days' written notice
given by the city manager to BellSouth, the city may repair such portion of the sidewalk or
street that may have been disturbed by BellSouth and collect the cost so incurred from
BellSouth.
SECTION 3. In consideration of the rights and privileges herein granted, BellSouth
shall pay to the city annually a sum equal to one percent (1%) of the gross receipts of
BellSouth on recurring local service revenues for services provided within the corporate
limits of the city by BellSouth, provided that there shall be credited against such sum being
paid to the city 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
city upon BellSouth 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 shall be
based on the receipts of BellSouth for the preceding fiscal year. For the purpose of this
payment, such fiscal year shall end on September 30. The first such payment shall be based
on the receipts for the fiscal year ending September 30, 1996, shall be made on or before
March 31, 1997, and shall be for the fiscal year October 1, 1995 through September 30,
1996. Subsequent payments will be made on or before March 31 of each year for which the
permission is herein granted.
SECTION 4. If the city wishes to verify the payments to the city under this
ordinance, BellSouth shall permit the city or a designated representative of the city, upon
reasonable advance written notice, to review BellSouth's billing and payment records, upon
which the payments were based, during normal business hours at the location of BellSouth
where such records are maintained. However, no BellSouth records may be duplicated or
taken from BellSouth'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 BellSouth. Such BellSouth records shall be maintained by BellSouth
for the period prescribed by the Federal Communications Commission and/or the Florida
Public Service Commission.
SECTION 5. BellSouth 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 BellSouth or any of its employees
to comply with any ordinance regulating the use of the streets of the city. The acceptance
by BellSouth 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.
SECTION 6. BellSouth shall file with the city clerk its written acceptance of this
ordinance on or before December 31, 1996.
SECTION 7. Nothing in this ordinance shall be construed as a surrender by the city
of its right or power to regulate the use of its streets.
SECTION 8. The city reserves any and all rights that it has not inconsistent with the
rights granted herein.
SECTION 9. The permission granted by this ordinance, if accepted by BellSouth,
shall be in force and effect for a term of fifteen (15) years beginning October 1, 1996.
PASSED by the City Commission on first reading this 28thday of October , 1996.
PASSED by the City Commission on second and final reading this 11th day of
November , 1996.
ATTEST:
/ Xatt..J A.,
MA ;EN KING YMAN T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
` /(
LAN C. NSEN, ESQUIRE
City A rney
C)AA, to, 0/7dc4tc4 f c
11o _(169 _, BELLSOUTH
TELECOMMUNICATIONS
Jere A.Drummond 4500 Southern Bell Center
President and Chief Executive Officer 675 West Peachtree Street,N.E.
Atlanta,Georgia 30375
404 529-2550
TO THE CITY CLERK
CITY OF ATLANTIC BEACH, FLORIDA
Pursuant to Section 6 of Ordinance No. 40-96-19 adopted by the City of Atlantic Beach, Florida on
the 11th day of November, 1996, entitled:
"AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE
PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF
ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND
THEREUNDER, AND PROVIDING AN EFFECTIVE DATE."
BellSouth Telecommunications, Inc., formerly Southern Bell Telephone and Telegraph Company,
hereby files with the City of Atlantic Beach, Florida, its acceptance of said ordinance.
Executed This Day the 20th of March, 1997.
-
171 •1
PRESIDENT AND
CHIEF EXECUTIVE OFFICER
The original of the foregoing
acceptance filed ;pith me this
the -7> day of, ;;,.,, /,. , 1997.
I) /I' / CC/ )i it_
-Lt Clerk of the «CityyJbf Atlantic Beach, Florida