HomeMy WebLinkAboutR-77-0100RESOLUTION NO, 7 °°
A RESOLUTION AUTHOEIZINO THE SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY TO USE THE
CITY STREETS DURING 1977 IN ACCORDANCE WITH
CERTAIN TENS AND CONDITIONS, AND PAYMNT
THEREFOR TO RE MADE ON FEBRUARY 1, 1977
AND ON FEBRUARY 1, 1978; PROVIDING THAT THE
SOUTHERN BELLS ACCEPTANCE OF THE TERMS AND
ITS PAYMENT OF THE CONSIDERATION HEREUNDER
CONSTITUTES A PULL AND COMPLETE COMPROMISE
SETTLEMENT FOR THE USE OF THE STREETS FOR
1976 AND 1977; FURTHER PROVIDING BOTH
SOUTHERN BELL AND THE CITY WILL CONTINUE TO
NEGOTIATE FOR A LONG-TERM USE AGREEMENT;
FURTHER PROVIDING THAT SOUTHERN BELL'S
PAYMENT BP WITHOUT PREJUDICE TO THE CONTEN-
TION OF SOUTHERN BELL IN ALL MATTERS HEREIN;
AND FURTHEP. AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT ON BEHALF OF THE CITY
REFLECTING THE TERMS HEREIN UPON SOUTHERN
BELL'S FILING OF ITS WRITTEN AND BINDING
ACCEPTANCE OF THE TERMS HEREOF WITHIN
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
negotiations on the terms and conditions under which Southern Bell
shall continue to occupy the streets within the City; and
WHEREAS, Southern Bell contends that it has a continuing
right to occupy the streets under an existing valid franchise and
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 the electorate; 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,
"DOCUMENT INDEX
and which shall become effective upon its passage; ITEM NO
.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF tMIAMI, FLORIDA:
Section 1. The following provisions will become applicable
and binding upon the City of Miami, Florida and the Southern Beal
CITY COMMISSION
MEETING OF'
JA►N 1 11077
Telephone and Telegraph Company ea hereafter provided in Section 2
hereof
A, Southern tell Telephone and Telegraph Company will
pay to the City of Miami on February 1, 1977 one percent (1%) of
its annual gross receipts for 1976 from recurring charges for
local telephone service provided within the City of Miami and, as
additional consideration, has previously granted a concession on
telephone service to the City during 1976, and this sate one
percent (1%) of the annual gross receipts during 1977 plus the
same dollar value of the concession granted the City in 1976 will
be payable on or before February 1, 1978 for use of the City
streets during the year 1977. The term of this interim payment
arrangement will terminate December 31, 1977 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 of Miami for 1976 and 1977, and that during this interim,
the parties will continue to negotiate. The one percent (1%) shall
be applicable to the recurring revenue for local exchange telephone
service on which the payments required under a prior ordinance
(Ordinance No. 3087, April 17, 1946) were
calculated.
B. The payment of the consideration specified in para-
graph A 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 considera-
tion specified in paragraph A is paid without prejudice and with
full reservation 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 Southern Bell to make a monetary payment,
C. As specified hereinabove, this interim payment
arrangement will continue until midnight, December 31, 1977.
D. The City Manager is authorized to execute an agree-
meet on behalf of the City reflecting the terms hereof,
Section 2, Southern Bell shall file its written and
bitding acceptarice of the terms heredf vithift day§ from
and after the date thin Reaolutimi than beef:me efftetivo,
PA8Stb ANL) AbOtonb this 27th day of Jahuary, 1077, 44
,?.214e4U44,--
MAUR CE i\ FUME
M4AYOR" -
ONGIE
City clerk
PREPARED AND APPROVED BY
Robert F. Clark
Assistant City Attorney
APPROVED/AS TO FORM AND CORRECTNESS:
eorge F,41Knox, Jr.
City Attorney
•
Mayor and Motnbers of the
City Ct ttth ission
kloseph R. Crassie
City Manager
,;JAN g G 1s77
Interim Agreement With
Southern t3e11 Telephot'►e
Company
The attached resolution represents an interim agreement
with Southern 3e11 Telephone Company, basically extending
terms of the prior franchise for an interim period while
further negotiations are underway. This agreement would
run through December 31, 1977, and would provide for pay-
ment to the City at the rate of 11,, for calendar 1976 and
calendar 1977.
It is important to both parties that this agreement be en-
tered into on an interim basis, because the 1976 payment
is due the City in February of 1977.
Attachment