HomeMy WebLinkAboutR-98-0038J-98-1 16
1 /23/98
RESOLUTION NO. j 8 38
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A UTILITY EASEMENT
AGREEMENT AND PERMIT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH BELLSOUTH
TELECOMMUNICATIONS, INC. ("BELLSOUTH") FOR THE
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF AN
UNDERGROUND TELEPHONE CABLE AND RELATED
APPURTENANCES UNDER AND THROUGH CITY OF MIAMI
PROPERTY LOCATED ON WATSON ISLAND, SUBJECT TO
CONSIDERATION BEING PAID TO THE CITY FOR SAID
EASEMENT AND PERMIT; GRANTING TO BELLSOUTH
EMERGENCY APPROVAL TO ENTER THE PROPERTY AND
COMMENCE CONSTRUCTION OF THE TELEPHONE CABLE
PRIOR TO SUCH EASEMENT AGREEMENT AND PERMIT
BEING FULLY EXECUTED, SUBJECT TO AN
INDEMNIFICATION AGREEMENT BY BELLSOUTH WHEREIN
THEY AGREE TO: (1) INDEMNIFY AND HOLD THE CITY
HARMLESS, (2) PROVIDE INSURANCE IN THE AMOUNTS
AND TYPES ACCEPTABLE TO THE CITY MANAGER, (3)
ACCEPT RESPONSIBILITY AND LIABILITY, INCLUDING FULL
FINANCIAL RESPONSIBILITY, FOR ANY AND ALL
ADDITIONAL WORK OR DELAYS CAUSED BY OR AS A
RESULT OF THE BELLSOUTH FACILITIES BEING
CONSTRUCTED SIMULTANEOUSLY WITH THE CITY'S
CONSTRUCTION OF A SEWER LINE WHICH RUNS PARALLEL
TO THE PROPOSED TELEPHONE CABLE, AND (4) OBTAIN
THE CONCURRENCE OF PARROT JUNGLE AND GARDENS OF
WATSON ISLAND, INC. WITH RESPECT TO THE LOCATION
OF SAID EASEMENT AND PERMIT.
WHEREAS, as a result of construction at the Venetian Causeway Bridge, BellSouth
Telecommunications, Inc. ("BellSouth") suffered damage to its 144 fiber cable that served
the Biscayne Bay islands; and
ATTACHMENT (S)
CONTAINED
CITY COMMISSION
MEETING OF
JAN 13 1998
Reaolutl= No.
9h- 38
WHEREAS, BellSouth temporarily rerouted the local telephone lines in order to
continue to provide telephone services, however, this temporary connection has resulted in
service degradation and a loss of redundancy in the communications system; and
WHEREAS, due to the ongoing construction of the Venetian Causeway bridge,
BellSouth has been forced to find an alternative solution to providing this telephone cable
link to the mainland, which alternative includes constructing a telephone cable under the
bay from Venetian Causeway to Watson Island; and
WHEREAS, to construct this cable, BellSouth is requesting permission to place a
telephone cable under the bay bottom from Venetian Causeway to Watson Island and
through the northwestern portion of Watson Island; and
WHEREAS, the route for the new telephone cable and related appurtenances will
require an easement and permit through City of Miami property; and
WHEREAS, BellSouth has agreed to pay consideration to the City for this easement
and permit; and
WHEREAS, a portion of the proposed easement lies within an area which the City
of Miami has leased to Parrot Jungle and Gardens of Watson Island, Inc. ("Parrot Jungle")
pursuant to that lease agreement dated September 2, 1997 (the "Lease"); and
WHEREAS, Parrot Jungle has not yet taken possession of the lease property but
has commenced preparing its development plans as required by Article IV of the Lease;
and
WHEREAS, BellSouth will provide accurate "as built" measurements and drawings
to the City and Parrot Jungle taken from actual field information at the completion of the
construction; and
WHEREAS, BellSouth has agreed to work in conjunction with the City with respect
to the simultaneous construction of its underground telephone cable and the City's
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construction of a sewer line and agrees that if any conflicts arise, the sewer line shall take
precedence;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA;
Section 1. The recitals and findings contained in the Preamble to this Resolution
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized' to execute a utility easement
and permit, in a form acceptable to the City Attorney, with BellSouth Telecommunications,
Inc. ("BellSouth") for the construction, installation and maintenance of an underground
telephone cable and related appurtenances under and through City of Miami property
located on Watson Island to restore local telephone service to the Biscayne Bay islands
located along Venetian Causeway and provide central office links for Miami Beach to the
mainland, subject to consideration being paid to the City for said easement and permit.
Section 3. BellSouth is hereby granted emergency approval to enter the
proposed easement and permit area, shown on Exhibit 1 attached hereto, and commence
construction of the telephone cable prior to such easement agreement and permit being
fully executed subject to an Indemnification Agreement by BellSouth wherein they agree
to: (1) indemnify and hold the City harmless, (2) provide insurance in the amounts and
types acceptable to the City Manager, (3) accept responsibility and liability, including
1 The herein authorization is further subject to compliance with all requirements that may be imposed by the
City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions.
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full financial responsibility, for any and all additional work or delays caused by or as a
result of the BellSouth Facilities being constructed simultaneously with the City's
construction of a sewer line which runs parallel to the proposed telephone cable, and (4)
obtain the concurrence of Parrot Jungle and Gardens of Watson Island, Inc. with respect to
the location of said easement and permit.
Section 5. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 13thday of January , 1998.
XAVIER L. SUAREZ, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not Indicate approval of
this legislation by signing it in the designated glace provided, said legislation now
ATTEST:
becomes effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exercising a veto
WALTER J. FOEMAN �" Waite man, City Cleric
CITY CLERK
PREP"Ep/AND APPROVED BY:
YAM�LTjRHY
ASS SrN TY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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A. Q) I N J S, III
CITY ATT EY
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