HomeMy WebLinkAboutItem #21 - Discussion Item/17/76
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOW
SOUTHERN BELL TELEPHONE COMPANY TO CONTINUE USING
PUBLIC RIGHTS -OF -WAY AFTER THE TERMINATION OF THE
EXISTING FRANCHISE, CONDITIONED UPON THE PAYMENT BY
SOUTHERN BELL TELEPHONE COMPANY FOR THE PRIVILEGE OF
USING SUCH. PROPERTY, CONSIST1,NG OP TERMS AND CONDITIONS
FOR THE INTERIM PERIOD AUTHORIZED HEREBY, PROVIDING
THAT THE FEE, TERMS AND CONDITIONS SHALL NOT CONTROL
THE ULTIMATE DETERMINATION OF THE FEE, TERMS AND
CONDITIONS OF A LONG TERM FRANCHISE; FURTHER AUTHORIZ-
NG AND DIRECTING THE CITY ATTORNEY TO TAKE SUCH
ACTION AS MAY BE NECESSARY IN THE EVENT SOUTHERN BELL
TLEPHONE COMPANY FAILS TO COMPLY WITH THE TERMS OF
TH S INTERIM AGREEMENT.
WHEREAS, there is presently existing a franchise which
is granted by the City of Miami to the Southern Bell Telephone
Company selling to the Telephone Company permission to use the streets
and other rights -of -way in the City of Miami for Southern Bell
Telephone Company facilties; and
WHEREAS, the Franchise granted to the Southern Bell
Telephone Company by the City of Miami for the right to use of City
streets and other public rights -of -way by Southern Bell terminates
as of midnight August 11, 1976; and
WHEREAS, such Franchise as has been granted by the City
of Miami to the Southern Bell Telephone Company confers a mutual
benefit on the Southern Bell Telephone Company and the City of Miami;
and
WHEREAS, the aforesaid Franchise was awarded to Southern
Bell for a valuable consideration; and
WHEREAS, negotiations between the City of Miami and the
Southern Bell Telephone Company have been proceeding to determine the
amount of consideration to be paid to the City of Miami by the
Southern Bell Telephone Company for the privilege of utilizing
streets and public rights -of way in the City of Miami for telephone
facilities; and
WHEREAS, no agreement has been reached as to the amount
of the consideration; and
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WHEREAS, it is to the mutual benefit of Southern Bell
Telephone Company and the City of Miami to continue to provide for
continuous telephone service to the City of Miami; and
WHEREAS, to achieve aforesaid service, it is necessary
for the continued occupancy of the public rights -of -way; and
WHEREAS, it is necessary for Southern Bell Telephone
Company to have the use of the streets and rights -of -way within the
City of Miami during the interim period; and
WHEREAS, it is not the intention that the City by
enacting this Resolution and operating under the terms thereof,
or the Southern Bell Telephone Company by accepting the terms
specified herein and continuing to operate accordingly, shall in
anywise waive any rights, privileges or immunities which either
party may now have;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is authorized and directed,
that in the event no agreement is reached between the City and Southern
Bell Telephone Company in time to allow a new franchise to be effective
upon the termination of the existing franchise, to permit the
Company to continue to use the city streets and public rights -of -
way now being used by the Company, but only upon the payment by the
Company of the following fee for such use. The fee for this purpose
shall be 20 of all gross receipts of the Company from rentals
derived from telephones in use within the corporate limits of the
City of Miami, in addition to a continuation of the present service
credit provided by Ordinance No. 3087. The fee, terms, and
conditions herein provided applicable during this interim period
shall be collected by the Manager to be paid monthly within 45 days
of the date for which the fee is due. Said fee to be a credit
against a long term Franchise.
•-r
Section 2. Any such sum and such terms and conditions
as prescribed by the City Manager for the interim period shall be
for that short term interim period only and shall not control the
ultimate determination of a proper amount of consideration or the
terms and conditions to be specified in a new long term franchise
which may be granted to Southern Bell Telephone Company.
Section 3. This interim authority shall be for a 3
month period to provide for additional negotiations between the
City of Miami and Southern Bell Telephone Company to establish a
long term Franchise ordinance for Southern Bell Telephone Company
to use the public rights -of -way in the City of Miami.
Section 4. In the event that Southern Bell Telephone
Company fails to comply with the directive of the City Manager
concerning the aforesaid sum of money and terms and conditions, the
City Attorney be, and he is hereby directed to take such action as
necessary to protect the rights of the City of Miami.
PASSED AND ADOPTED this day of
1976.
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
FRANK H. WESTON
ASSISTANT DIRECTOR
MAYOR
APPROVED,AS TO FARM ANDCORRECTNESS:
HN S. ILLOYD lt
J.
TY ATTORNEY
3.