HomeMy WebLinkAboutR-79-0017RESOLUTION NOY 7916 1
A RESOLUTION AUTHORIZING THE SOUTHERN BELL
TILEPHONE'AND TELEGRAPH COMPANY TO USE THE
CITY STREETS DURING 1978 AND 1979 IN ACCORbANCE
WITH CERTAIN TERMS AND CONDITIONS, AND PAYMENT
THEREFOR TO BE HATAON FEBRUARY 1, 1979 AND
FEBRUARY 1, 1980, PROVIDING THAT SOUTHERN BELL'S
ACCEPTANCE OF THE TERMS AND ITS PAYMENT OF THE
CONSIDERATtON HEREUNDER CONSTITUTES A FULL AND
COMPLETE COMPROMISE SETTLEMENT FOR THE USE OF
Tilt STREETS FOR 1978 AND 1979; FURTHER PROVIDING
THAT SOUTHERN BELL'S PAYMENT BE WITHOUT PREJUDICE.
TO THE CONTENTION OF SOUTHERN BELL IN ALL MATTERS
HEREIN; AND FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT ON BEHALF Or THE CITY
REFLECTING THE TERMS HEREIN, UPON SOUTHERN BELL'S
FILING OF ITS WRITTEN AND BINDING ACCEPTANCE OF
THE TERMS HEREOF WITHIN 30 DAYS FROM AND AFTER
THE DATE THE HEREIN RESOLUTION BECOMES EFFECTIVE,
WHEREAS, Southern Bell Telephone and Telegraph Company
(Southern Bell) and the City of Miami (City) are continuing nego-
tiations on the terms and conditions under which Southern Bell
shall continue to occupy the streets within the City; and
WHEREAS, Southern Bell contends that
has A continuing
right to occupy the streets under an existing valid
the City disputes this contention and, further, the City and Southern
Bell have been unable to reach a mutually satisfactory arrangement
which is presently acceptable to theelectorate; and
WHEREAS, Southern Bell and the City have agreed that it is
appropriate to establish the following interim arrangement which
shall be without prejudice to the contentions of either Southern
Bell or the City and which shall serve as an interim compromise
settlement in :an attempt to avoid costly and protracted litigation
and which shall become effective upon its passage;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
"DOCUMENT f DEX
ITEM NO, hr-'
Section 1'. The following provisions will become applicable
OF MIAMI, FLORIDA:
franchise
and
and binding upon the City of Miami., Florida, and the Southern Bell
'Telephone and Telegraph Company,
hereof,
as hereafter provided in Section 2
Ai. Southern Bell Telephone and Telegraph Company (Southern Bell) will
pay to the City of Miami (City) on February 1, 1979 one (1%) percent of its annual
gross receipts for 1978 from recurring .charges for local telephone service provided
79,E i 7
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within the City ands as additional consideration, has previously
gtahted a concession on telephone service to the City during 1978.
Alsos Southetti Bell will pay to the City 0b Febtuary 1 1980 one
at) percent of its annual gross receipts for 1979 f
rotr recutring
charges for local telephone service provided within the City and, as
additional consideration, will continue during 19794 a concession on
telephone service to the City at the sate dollar value of the concesL
sion granted during 1978. The term of this interim payment arrangement
will terminate becember 31, 1979 and the City and Southern Bell agree
that the aforesaid consideration will constitute a full and complete
compromise settlement for the use of the streets of the. City for 1978
and 1979, and that during this interim, the parties will continue to
negotiate an agreement that may be acceptable to the electorate.
one (l%)percent shall be applicable to the recurring revenue for
local exchange telephone service on which the payments
The
required under
prior ordinance (Ordinance No 3087, April 17, 1946) were calculated.
B. The paymentof the consideration specified in paragraph
above is without prejudice to the contention of Southern Bell that the
City has been fully compensated for use of the streets through and
including August 11, 1976. And, further, the consideration specified
in paragraph A above is paid without prejudice and with full reserva-
tion of rights of both the City and Southern Bell on the question
whether Southern Bell has a continuing right to occupy City streets
under an existing valid franchise, which does not require
Bell to make a monetary payment.
• As specified hereinabove, this interim payment arrange-
ment will continue until midnight, December 31, 1979.
. The City Manager is hereby authorized to execute an agree-
ment on behalf of
Section
acceptance of the
the City reflecting the terms hereof,
Southern Bell shall file its written and binding
terms hereof within 30 days from and after the date
Southern
this Resolution shall become effective,
PASSED AND ADOPTED this lath day of January, 1979.
MAYOR MAURICE A, nRRE
A Pn C, ON GIE, GTTY ;C1ERK
PREPAREb AN11 APFROVEP tVt
l%3
RO$ERT CLARKASSISTANT CITY ATTORNEY
Eb AS TO FORM AN r CORRE TNESS