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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