HomeMy WebLinkAboutO-0858510/14/76
dRDiNAiiCE NOtlw. 8585 w_
AN EMERGENCY ORDINANCE AUTHORISING THE
SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY ITS SUCCESSORS ;AND ASSIGNS, TO
ESTABLISH,..INSTALL, CONSTRUCT, OPERATE
AND MAINTAIN ITS TELEPHONE POLES, WIRES.
AND OTHER TELEPHONE EQUIP 4ENT AND
FACILITIES, . ALONG, . ACROSS_ AND. ,UNDER THE
PUBLiC STREETS,. LANES, ALLEYS, AVENUES,
BOULEVARDS AND OTHER PUBLIC HIGHWAYS, IN
THE CITY OF MIAMI; RESERVING TO.THE CITY
THE:RIGHT OF APPROVAL OF SUCCESSOR,
ASSIGNEES OR LESSEES; ESTABLISHING A
DATE FOR THE COMMENCEMENT FOR NEGOTIA_,
TIONS FOR A SUCCESSOR FRANCHISE, PROVID
ING FOR -RESTORATION BY THE COMPANY OF
ANY DISTURBED PROPERTY OF THE CITY UNDER
SUPERVISION BY THE CITY; ESTABLISHING.'
CONDITIONS UNDER WHICH THE STREETS SHALL
BE:OCCUPIED BY THE COMPANY AND.. FOR
REMOVAL .or COMPANY PROPERTY WHEN REQUIRED;
ESTABLISHING THE RATE OF COMPENSATION TO
THE CITY OF THREE (3%0) PERCENT AND A
SCHEDULE OF PAYMENTS, DEFINING_THE BASE
FOR COMPUTATION OF THE REVENUE PAID TO
THE CITY; PROVIDING FOR AN EXPANSION OF
THE BASE OR PERCENTAGE IN THE EVENT THE
COMPANY SHALL ESTABLISH A MORE FAVORABLE
RATE OF PAYMENT TO ANOTHER POLITICAL
ENTITY, SPECIFYING USE OF COMPANY FACIL.
'ITIES; ESTABLISHING A RATE OF PAYMENT
'OF ONE (14) PERCENT TO BE EFFECTIVE
BETWEEN AUGUST 12 AND DECEMBER 31, 1976;
ESTABLISHING THAT THE COMPANY WILL NOT PROVIDE
DISTRIBUTION. FACILITIES FOR:CATV OR, PAY.,
TELEVISION .T O FIRMS.NOT FRANCHISED BY CITY;
'PROVIDING FOR INDEMNIFICATION BY THE COMPANY
FOR DAMAGES OCCASIONED BY THE:COMPANY PUR
SUANT TO:.ANY WORK AUTHORIZED:HEREIN;PRO-
VIDING FOR ACCEPTANCE BY THE COMPANY OF:
.THE TERMS AND PROVISIONS OF. THIS: ORDINANCE;
PROVIDING AN EFFECTIVE.DATE; PROVIDING FOR
GOVERNMENTAL CONTROL OF. THE COMPANY'S USE
OF PUBLIC PROPERTY, RESERVING -RIGHTS' AND
POWER OF THE CITY. TO: PASS:ORDINANCES:REGULAT-
.ING THE USE OF STREETS; ESTABLISHING
ACCOUNTING AND RECORD KEEPING` POLICIES
AND PROCEDURES; PROVIDING FOR AN:ANNUAL
.AUDIT, RESERVING THE EXISTING RIGHTS OF
THE CITY. AND COMPANY UNDER ANY EXISTING
FRANCHISES; PROVIDING A METHOD OF ACQUISI-
TION BY THE CITY OF THE . EXISTING PROPERTY
UPON THE EXPIRATION OF, THISFRANCHISE;
,REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT; AND PROVIDING A
SEVER.ABILITY PROVISIONS
d tbAINEb. BY THE `OHMi8SION OP THE CITY OP
MIAMI , PLOklbAt
Section 1, befitiitions Poi' the purposes of this
Ordinance, the following terms, phrases, words, and them
derivations shalt have the meaning given herein.
Whet not in-
consistent with the context, words used in the present tense
include the future, words in the plural number include the
singular number, and words in the singular number include the
plural number:
The word "shall" is always mandatory and not merely
directory:
(a) "City" is the grantor City of Miami, Florida.
(b) "Commission" is the City Commission of the City
of Miami, Florida..
(c) "Company" is the grantee of rights under this
Franchise, Southern Bell Telephone and Tele-
graph Company.
(d) "Person" is any person, firm, partnership, associa-
tion, corporation, company or organization of any
kind.
Section 2. Grant.
Grant. The City hereby grants to the Company, its
(a)
successors and assigns, a Franchise for permission to construct,
operate and maintain lines and equipment of telephone and tele-
graph, including poles, fixtures, conduits, cables, electrical
conductors and subways for electrical conductors, together with
the necessary manholes upon, along, over and under the public:
roads, streets, highways, alleys and rights of way of the City as
its business may from time to time require', This Franchise shall
cover the territory embraced within the City limits of the City
as they now exist or as they may hereafter be extended. This
Franchise shall be subject, however, to all the provisions,
conditions and restrictions hereinafter set out.
(b) Non-txtlusive..._Crant, the tight to use mid odcupy
said streets, alleys, pubiid ways and p1aees for the purposes
herein set forth shall not be eRtlusiVe
(c) Term, This Franchise shall remain in effect from
and after August 12, 1976, and shall expire at midnight on
August 11, 2001;
(d). Approval of Transfer. The Company shall not sell
or transfer its plant of system to another, nor transfer any rights,
under this Franchise to another without, prior Commission approval.
No sale or transfer shall be effective until the vendee, assignee
or lessee has filed in the Office of the City Clerk an instrument,
duly executed, reciting the fact of such sale, assignment or lease,
accepting the terms of the Franchise and agreeing to perform all
the conditions thereof. The City will not unreasonably withhold
its consent to the transfer of this Franchise.
(e) Renegotiation Not later than September 15, 1999,
there shall be a Special Meeting of the City Commission called, to
initiate negotiations leading to a new Franchise with the Company
and for the purpose of scheduling any referendum as may be
required for the execution thereof.
Section 3. Supervision by the City.
(a) Restoration. In case of any disturbance by the
Company of pavement, sidewalk, driveway or other surfacing, the
Company shall, at its own cost and expense and in a manner
approved by the. City Manager or his designated representative,
replace and restore all paving, sidewalk, driveway or surface of
any street or alley disturbed, in as good condition as before
said work was commenced, and shall maintain the restoration in
an approved condition for a period of one (1) year except for
damages due to actions of others subsequent to the restoration,
however, should the Company fail tO eomtnence i'estOtatiotjl after•
seven days notice, in waiting, to said Company by the City Manage
or his designee, the City "tnay,repait and replace such portions of
the sidevialk or street or other public place that may have been
disturbed by said Company and the cost of the same shall be paid
by the Company
(b) Conditions of Street Occupancy. All poles, wires,
cables, underground conduits, manholes and other telephone fixtures
erected by the Company in, upon, along, across, above, over and
under the streets,alleys and public ways within the City shall
be so located as to causeminimum interference with the common
use of said streets, alleys, and other public ways..
(c) Removal. The Company, its successors or assigns,
shall, at its own expense, at the direction of the governing
authority of the City, move such poles, underground cables or wires,
including changing the height of such wires, as may at any time
unreasonably interfere with, hamper or restrict the common use of
any street, avenue or alley in the.: City.._
Section 4. Consideration.
(a) Payment to the City. The streets and other
facilities of the City to be used by the Company in the operation
of the telephone system within and beyond the corporate limits
of the City are valuable public properties acquired and main-
tained by the City at great expense to municipal taxpayers,, and
the right to use said streets and facilities is a valuable property
right without which the Company would be required to invest sub-
stantial capital in right of way costs and acquisitions; therefore,
as consideration for the use of said streets and other facilities
of the City for the Company's purposes herein provided, the Company
shall pay to the City monthly an amount equal to three (3%) percent
of the local teelltiing tekiehUes for the ptetiious month taken in
and received by it from all subscribers Within the City for the
transmission of sound acid signals or other means of eotnmdilidation.
The Franchise Revenue Base shall be:
Monthly charges for local exchangeserviee,
including:
a) Charges for additional listings and
joint users;
The recurring portion of the charge
for semi-public pay station service
and the local message charges for
such stations;,
Charges forprivate branch exchange
and business local message rate
service, including mobile service
local messages;
Subscriber station revenue from,
teletypewriter exchange services
or equivalent or substituted service.
(2) All charges for local private line services
including audio and video program transmission
services where both terminals of the private
line are within the City limits.
(3) Charges for Morse transmissions, signaling,
data transmission, remote metering and
supervisory control, where bothterminal
points are within the City limits.
(4) If the Company in the future changes its
method of billing from a local recurring
basis to a measured rate basis for local
exchange service and such change results
in a reduction of the franchise revenue
base, then the City and Company will jointly
agree to adjust the revenue base
to make up for. any loss of revenue. Such
changed base will have the same growth
potential as those items contained in the
original Franchise Revenue Base. In the
event the Company and City cannot agree on
how this reduction should bemade up, it
is agreed that this matter shall be resolved
by the Florida public Service Commission.
If the Florida Public Service Commission
refuses to act then the parties agree to
refer the matter to established American
Arbitration Association' proceedings,
(b) nase..
(1)
(c) iheteasL._ ifi__Pa' tYtehtss If ih .the future,
diiritiq the ten of this Pranchi3d, the cotiipa1iy Crimes or agrees
to Coale a franchise payment to atiothei' political sulimclivisthh
or local governmental authority Withih the Company ' s operating
area, of over 50,000 population, that is.egilivaleht to more
than three 090 percent of Local. Recurring Revenues, as
defined hereinaboVe, of such other subdivision or authority,
regardless of the items included in the Revenue Base of such
other sub -division or authority) the Company shall expand
the City Revenue Base, on a mutually acceptable basis, or
increase the City percentage of Local Recurring Revenues to
provide an equivalent percentage return to the City. The
Company agrees to furnish to the City within 60 days from the
effective date of any such franchise or agreement, a copyof
such franchise or. agreement. The City shall within sixty
(60) days from receipt of a copy of such franchise or agreement
approve the same by a four -fifths (4/5) vote of the City Com-
mission. in the absence of approval by the City Commission
(60) days of receipt of a copy of said
aforesaid within sixty
franchise or agreement the City will have waived its rights
to additional franchise fees.
(d) Use of Company Facilities. The Company,.
when requested by the City, shall designate and provide without
cost to the City for municipal purposes only: (1) On any pole,
where such pole is of sufficient size and height, owned by the
Company and located within the City, space for an operable
light fixture and (2) in each underground conduit owned by the
Company and located within the City, where space is available,
ote duct for the cables Of .the City, provided, however, that
fo use shall be made by the City of said space on such poles or
of said ducts which will result in interfering with or
impairing the operation or use of the Company's property
or serVice, or which will endanger, damage of injure the person
or property of the public or employees of the company or
City.
(e) Payment Interval -First Payment. Nothwith--
standing the provision of subsection (a) of Section 4 herein -
above, the Company will pay on or before February 1, 1977
one (1%) percent of its Local Recurring Revenues for the
period commencing August 12, 1976 through and including
December 31, 1976. Thereafter, and during the term of this
agreement, payment shall be made at the rate of three.(3/o)
percent as provided in subsection (a) hereof on the 25th day
of each month for the next preceding month.
(f) CATV Prohibition. The Company agrees that
it will not provide distribution facilities for a CATV or pay
television system to any person who does not have the necessary
Franchise from the City to operate same.
Section 5. Indemnification. The Company, its successors'
and assigns, shall indemnify and hold the City harmless against
and shall assume all liability for damages which may arise or
accrue to the City by reason of any injury to person or to property
from the doing of any work herein authorized, or from the neglect
ar failure of the Cotipany of ahy of its employees to cotiply i4ith.
the provisions of any ordittance of the City applicable to such
work; and the acceptance by the Company of the tights and
privileges granted to it by this Ordinance shall constitute an
agreement by the Company to pay to the City any sum of money for
which the City shall become liable by reason of any such injury
and any sum incurred by the, City as costs in its defense against
said claim of injury;' provided, however; that in the event the
City is presented with a claim for which it claims indemnity from
the Company, it shall, as soon as practicable, notify the Company
and tender said claim to the Company and the Company shall, within
twenty (20) days, accept such tender and provide a defense or
otherwise dispose of said claim.
Section 6 Acceptance and Enactment:
(a) Acceptance. The Company shall file with the City
Clerk of the City its written acceptance and approval of this
Ordinance within fifteen (15) days from the date of the second
reading hereof, and upon said acceptance by the Company of the
grant herein, the terms and conditions hereof shall be binding
on both the Company and the City.'
(b) Enactment. This Ordinance shall be in force and
effect from and after its passage and adoption by the City Com-
mission of the City, and compliance by the Company with the pro-
visions of subsection (a) hereof, and upon the subsequent, approval
hereof by a majority of the qualified voters of the City voting
at an election held therefor,
Section 7. Use of Streets.
(a) Governmental Control. The Company its successors
and assigns, shall be subject at all times to the City Charter and
any amendments thereto, which do not change the essential terms
of this Franchise, heretofore or hereafteradopted, regulating.
ekca'Mtiohs fi u is highways, of loVefhihc the isstiande i f
eiEtits foie such ekcaVatiohs , of fec ulatiiic . of pfohibitihc the
taihtehahce of poles and Wires and tihes, and,all;other Valid
-ordinances heretofore or hereaftef` adopted relative, to, the use
of the public streets and highways of the City.
(b) No:fi gu 'tender. ' i4othing . in ' this Ordinance shall
be construed as a surrender by the City of its right or power to
pass ordinances regulating the use of its streets.
Section 8. Accounting and Record Keeping.
(a)_ Accounting. The company shall furnish
monthly report and breakdown of the elements that makeup the
Franchise Revenue Base upon which each Franchise: payment here-
under is made.
(b) Availability of Records. Such records, as are
required under. subsection (a) hereof shall be kept and main-
tained in accordance with generally accepted accounting
principles. Allof the said records shall, on written request
of the City, be open for examination and audit in Dade County,
Florida, by the City's Internal and External Auditors and their
staff during ordinary business hours, and such records shall be
retained by the Company for a minimum of three (3) years.
(c) Annual Audit. The Company shall provide the city
annually with a copy of a certified audit of the books and records
from which the elements contained in subsection 4(a) and 4(b) are
obtained. Such audit shall be conducted by the same auditing firm
which prepares the audit required of the Company by the Florida
Public Service Commission and be accompanied by, a statement similar
to that shown in Exhibit No. I. attached hereto and made a part hereof.
(d) Underground Installation Records, The Company shall
provide the city with as built records of its underground installa-
tion on sheets provided by the company within 60 days of the
completion of the installation.
Section 9. RetetVatioh nof_nights: This brdihande
shall not affect or invalidate any valid Prandhise rights Whidh the
Company or the City may hbW have under and by virtue of any ia1id
Franchise previously granted- to the Company,ot its predecessors.
Section 10. Adquisi:ion. The City hereby reserves the.
right and . requires the Company, as a condition precedent to the
taking effect of the rights of the Franchise herein granted, to
give and grant to the City the right upon the expiration of the
term of twenty-five (25) years for which this Franchise is granted,
to purchase the telephone plant and other property located upon,
along, over and under the public roads, streets, alleys and rights
of way within the corporate limits of the City, which is used under
or in connection with the Franchise or right hereby granted, or
such part of such property as the City may desire to purchase at
the current reproduction cost new less depreciation value of such
property, real and personal. If the City desires to exercise
its option to acquire any portion of the Companyproperty, it shall
give the Company notice of its intention to purchase at or before
the expiration ofthe twenty-five (25) year.4term of this Franchise
and it shall have no more than two (2) years following the expira-
tion of said term to consummate the purchase of such property; pro-
vided, however, that during said two (2) year period the terms
and conditions herein shall pertain. The City and the Company also
hereby reserve all powers of eminent domain which the City may
have under its present charter or the City or the Company may.
have under the General Laws or the Constitution of the State of
Florida.
Section 11. A11 ordinances, or parts of ordinances,
insofar as they are inconsistent or in conflict with the provi-
sions of this Ordinance, are hereby repealed.
Section 12. Sf any Section, part of ,shah, pars*
graph, clause, phrase or idord of this Ordihafice is declared
invalid, the remaining provisions of this ordinance shall not
be affected,
Section 13, The foregoing ordinance is hereby declared
to be an emetgency measure on the ground of urgent public need
for the preservation of peace, health, safety and property of
the city of Miami.
Section 14. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a.four-fifths
vote of the members of the Commission.
PASSED AND ADOPTED this 14 day of QCTOBE!?
1976.
r1AURICE " FERRE'
MAYOR.
114 G I E
city Clerk
PREPARED AND APPROVED BY:
J/
ROBERT F. CLARK,.Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
6W\IK103)2).
FRANK H. WESTON, Acting City Attorney
SOUTHERN. _J:1BU, AANCRia OHIANA CE_ EXHIBIT I
City Commission,
City of,Miami
We have examined the accompanying statement of franchise revenues
of the Southern Bell Telephone and Telegraph Company which are,,
subject to the franchise fee, as defined under the terms of
the franchise agreement, Ordinance No. 635 dated,
with the city of Miami, Florida, for the year ended
14) 1976.
OCTOBEq,
December 31, 19 . Our examination was made in accordance
with generally accepted auditing standards, and accordingly
included such tests of the accounting records and other such
auditing procedures as we considered necessary in the cir-
cumstances.
In our opinion, the accompanying statement presents fairly the
franchise revenues of the Southern Bell Telephone Company which
are subject to the franchise fee, as defined, for the year ended
December 31, 19 , under the terms of the, aforementioned
franchise agreement.
MIAMI REVIEW
AND DADA* RECORD
Patl&f&ed Doily �d 'Maio
Saturday,
tur , Sunday and
61ia;nl, bade County, Florida.
ttATE OF FLORIDA
COUNTY OF BADE
Before the Undersigned authority personalty ep•
peered Martha D'oonie. who on oatn says that she
Is the V.P.. Legal Ads of the Miami Review and
Dilly Record, a daily )except Saturday. Sunday and
Legal Holidays) newspaper published at sham) In
Dade County. Florida: that ti,e a:tacned copy of edvor•
tisement. bring a Legal Advertisement or Notice In
the matter el
City of Miami
Re:"ORDINANCE NOS. 8579 thru
was u
Ili the .»..» »........."X.. X..»X..........»....»......»..»'Court
.. .
p btlshed In sold newspaper In the 1 ot
•
"October 201 1976»•» ,,•�•,•",;".
Want further says that the said Miami Review
and Deily Record is a newspaper published at Miami.
in said Dade County. Florida. and that the said news.'
Paper has heretofore been continuously published in
said Dade County riptide. etch day (except £aturday.•
bunday and Legal Holidays) and has been sneered es
secord class mail matter at the pest office in Miami.
in said Dade County, Florida. for a period ot one year
Copy of adveng the first rtisement: s ment: anaft 0 publication furthof erattached
says...at
she has neither paid nor promised any person. '
or corporation any discount. rebate. cornm.bsi' r
refund for the purpose of securing th)s advertisement
for pubhcetion In the said newspaper.
S olfl t
20.t-hy
Hots • ciblrr�State of Floridt;bt arge.
iy\ .
4t �✓ •ti
\
(SEAL/ L1
•
My commission eepltr .JJuunI ?r,
�ltM.i
long bscribed ustore mle this
f o't4:315er , 19
A.D.
19,. •'
"9• -J"CroOlt!
CITY 1)l- )Itt11t, IIAHF:,Ctlt•NTY, Ft.OltOHA
1.E:OAt. NOTICE
All Interested will tnk'• nutlet' thet on fhe loth day of Ortohi'r.
176 the City C.'n)n8..;n11 of Jib i t). Florida odep!•-.1 1he fn11•,w•Ing
titled ordinances:
• ORDINANCE: NO. 5579
•
AN ) MErroENCY crEDINAXCE: AMENDING SECTION
39.20 OF THE CODE or THE CiTY OF >1) t\tl. ?Din....
IDA. HPLA7'INI; TO.TIIt CITY'S TAN 1:'0N AUM1S•
Stu": '1'U THE \I: tall ORANGE i)ON'L `•1E:'I"ItLAL •
STADE'NI: 1'i4)Vi:r)N1; 1,EF'iNtTl(NS 1IE'H1:IN:
FcitTilEit F'ST,tt:LlralN.; ANt) I.1-:V'itN1; .\ 011-Y T tX
UPIN E:ACEI .tD:Jtss1ON To THE: StAlliCsi or- r
OF THE rI )si I`RIt'I:'OE F:At'lr 1\itSt" Tip 1 T
tr
SOLI)RVV THEspONSlit I'}' THE .•
1I's3 ANY FE:;)l:I:.\:•. STATE: (iR ImoAtd.Y IA11''•>i:i)
TEN I'AYAttLE• F'It,)\1 ' St't'lt ADMISSiON - PRICK;
El !MT111'R IIKOI'1;t1Ni; .$t'''il T.\•- \Mt+C':� : tF:\li
.<F::•Aitt.11'E:1.1' i -; '.>: AYI) 1'2i:NT'::`.
1l':I8:1I'N TI("K}.T FI'CTtll?i! F.4'r.\itii+H;X.ic THTHE
r`'•I1N�+)ii'it sliAiNI1:1I PRICE. F'+1R ADMISSION
11
I;i'•..E:, PRICE' 1' tt ANY ri)tiP13M1NTARY Tli}a.T,
411! i'A`,A: F•'iC1HFa: lit:QUIlt:`:i; t:At'H ;414i 'oR TO
'iV Vfit}: REASON %E:LK At't'I*' TO ItE:i.•r)ltl)S C.`F
TICKET SA;L :S ANI6 I:MI. t1:1NTHE FINAL. AC.
ti1':.TINI; AND 1'AYM1 NT Tr) - CITY: OF AEI,SI:MS EtL•F: HEREt'N:,El AS 'i• " FT:•14 EACH
EVENT .\S RFAS,)N.\It1.Y' {'si,;Slbl.I i FI'l:7!OM IML
i'OStNti A rt:MALTY r1F "'; put Mf)NTI; ON ALL
SUMS UNPAID AFTER DEa1AND TIIF:ItEF')R AND
REOL1111N1; TI1.1T T'll1:'"11F.RE;N TAX AND •tt-t. SUMS
PAID
1
�1
' TO THE CITY 11E:RF.t'NU}:it t SE DEPOSITED O.
:D
DAILY IN THE FIE OS ' AND Or. )l AlNTENANNT:4 or CF'.
t;TAt)tl'11 FUf: TIIF: f1PFItAT1ON.,
1M1'110VEMEN'1' AND 1)I FIT F "ICE ')F THE
STAi)H'\I: ALSU' ItE:SECYiNI; UN ' TIIF CITY COM•
' M1'S)4>.': THE It1G1IT TO- E:.T,rnl.IS11 AND FIN
SIECIAI.' CHARGES. 1 ERNIS AND CON1TIOXB PER.
TAININi; TO THE l'i1: OF TIIE:'STADIUM INCLUDING
ITS L'. E Ill' THE NATIOX.1t. Fooli1ttLt. LEt(l'}: FOR
ANY POST-SEAS1iN GAME (IF iAID LF:A';u14 '(Nil
1t1Ql'1ittNet EVF:IIY S'(NSuft To PAY TItt:. CiTY'S
C41i7' 0)''1PI)t%T•IN): THE STADIUM FOR THE PAR-
TICULAR EVENT: - F1'ILTIIEtt I:ST.0 I.t -111Ni THE
STAFFING PF:QUIItI:MENTS or THE SPUNd(l)t AND
CITY iN THE: S'r.t,;lN1; OF STADIUM, t1'III.KTIC,
EVENTS: AND ltl Ql'IRIN,; THE SP(INS,ilt TO I,itTAIN.'
CERTAIN AMOUNTS OF pt'EILIC 1.IA1:ILITY' iN: CR•
AWE FUIt I1O1)1IN INJURY AND PROPERTY DAMAGE
• .1NI) TO PROVI1'1. THAT TIIE CITY 1:E: INCLUDED
AS A NAMED INseitED IN s1I)) 1':St'ItANr{•: l'(n.ICY
AND AI.SO C(.'.TAiNINt; A 11,II.11J1.1i1\II,F:: it rR.UVI•
EIoN• J:II'PAI•IN1; ALL t1HDINAN.'1A Mt ('ART: sir '
ORDINANCES { IN CONFLICT HEREWITH AND CON-
TAINiNG A sEA'EItARiL{TY P1tOViSIuN.
ORDINANC'ENO.14510 '
AN F:MRRG1NCY (,It1INANtE: MAKIN,; lr!'RI)PR"..
THINS FOR 1'llF: Dt)tt'NT'/u•N DRV1LoPMKNT:
TI,OIIITI' (1F 711C CITY OF MI.1MI F(R THE risrAi.
YEAR F:NIIIN4; $Ea'T}:MIliR':3•r.° 11.77: Al"IHUItIZiNG
THE i,IIIKC'TTOR '4F Till: U+)t0NT4)0VN DEX1..1.')l'-
1 M1NT AIlTItolt1'ry TU INVITE: t111 ALIVE :TISE. Fr.R
RODS' Folt THE or ANY MATFH1AL.
EQI.'1!'\iE:N•r 'fit Sl:ItV14•I: F:tlltit.u'F'D IN 1.1I1.:' SAID
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MAY RE ItF:Ui'11tE1): I'L'uV►Ul::,; TIIA'1' THIS Oltid.
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TIO1 'Ito 1'!IF "1:1t)NANl'I' '4UU.1': , Ai'I'tt/,i'Itl•1Tl•')'i
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1st/ Vol; Tllr 41r1'I:AT1 N Or THE (ITA' 1+1' ADAM,.
YI.D1I11M: .I'ItilVIDINt; Tll.V)' 1F ANY :•►.+'TI!N.
('l.At''.I' Olt SEAS . "1'I•4N SHAlrt. 11 1. DI,+'l.Ad}.D IN.
4`I)NSTl1'114 ioNA1.. iT 511.0I.l. '.11T AI
)tAININ4; 1'itiIV141(4Xi 4i1'1'llO IIIad::.1N('1 .
•
01:IllNANCF: Nit. F':,+1
AN E'MF:R.:1:N1'Y r,1il)!NANrE lit FINING AND IttSIG.'
SATIN,; 1111:'II:I811T'•istl.v. l•ltll'1 4)!' 'IEEE: In41lN•,
TD1tN ir1Vl I,sil'lll tit' IIIYl1114'I' 4i)• TIIF: I'1TY n!•
141Alll !Awn, i. ' 0) 1'I (IV: f 111•' '11.4:Itt'h Ati 0). i3:11114
Or TIIF: 4'I'1'Y IIF 311t)tl 1",Jl 'llll: I'I'1;t.r. : U!'
'EANS'1I''i FINE:4.; 'tilt. 'tUI.A',1' t':1) l!VY4N1
TAXES. IN '1'11E Dot'.III'V4'"'I'\tE:S'1' 1'13•
-
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(IF Till: !'I'It' 1'F \11•\,111: 1"L"I:lU,\. 41it; `Till: 1.1 .''.1.
YI:.11t ltl'+:I.'.7:IN1; ()IT( It! It 1. 1'':'; 1N1' L I4N+;
FE•!''1y1'IIINI:11IrNirltl'l'III.��! 14f1U 110i;t.LRt 41'4 Tilt:
}il IV , 111: Ni.:.lai'.II'J''.,,:.1..yE:n O'\i.l'1; tit'
)a)i.lI'tR.l 1' 4.
A11. 001E 1'1 :':,•11'A1. 1'ISlgrl WIT IN1•\11)
1N:liiUl ' ANI. 11:4)'.14.,S+: 'i'HIA'I' 'TIIE SARI .111E-1.-
A,,1'. AND 'l I11;'4'ANI', 1I.1"111) 111.1U,IN 1;11;11.4. fti: 11
ADIII'ID14 To 1111: I-1%1::•i'1rl"Ill! )111!A1.I: A'.1)
'4 114: 4.1:V 1'�+: \ 0. r.a ttII: `IEEE ` I)i1:1 11•
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it ot i1';'i..'\(i
tat tci:rr,.tiT' :i1311+t. ;• r'}, 'r:f: t'lr'' rrt (tilt
1•F:ri jI'I�,r; 'tit C'r.'r'tt1, F tNI�rY. tiF' Tt�E'" ;1rtS L\4'F:,
AND 'r.t CC TtN'i r;'t',..`1` \\F:e Ili t:r;t': R:1•l:s:t:t:. t:
CDVf1'tr). %1'1'rF('Ltt. ts:z;d4 try"F31',ott'iSr+`F:r,l'i:-
Itr;NTA'1t1E(Is't' 1t1' Till*: till' (•,+t1A1 ••1.IN ibt' THE '
tit1''r,F si)%%tt'l. l r rtt't Ti(t•: Tr:Iutl-Eu.11.At.
Or i'ttr: (•err', t14 AIt,1\tt 2'IUri'ttlrNr'i r'tl.t'r. tttl3
rtttHIN-A,L'''r" '- t i t; DKF,<It'ti' .t li@;' s t it .,
flit ARSE:C:.tN4t ANY 'tr,ttrat 'r)tt ,I*1?,'r: E'IXINII
MILL•N;E, I+ttt.E:t'ir'u TArit'S. virti TIt)..E:ter,%r:
%E:\tt CF;':INC)Nti ortnirh:lt t. (:i:ii :\ND 1:N1i1Nr;
Et:l"tl'11t:Fee 11i,' 1';:t lift ...MALL 11): '1t1 rtt1:D
1•I.E'1ME:N'r.tt.'' .\Nil t1 ,iDtll't-t,1N TtlF;ltE:�+i- ;,\;:tr
Pt:UVRIiN•: $1LtT iE \N\' SFA'Trt,N t-t..u' c• t)It '
St'f:5r1 IRtN s11,SLt:'- ttt- tiE(`t.,k1.n t;N,`()Nt1'ITI'
TItINAL. I't SII•tLL NOT A1PE:c"t' Tilt: ItEStAtNINt1
fiROTISIONS.
- ORbtN AlCk NO. s, .
AV' bItIIINaN1 i. , Mtf,.Nht:l'H r)iihtZANt' : 43:n. St66.
t'APSE:Ii ANU .1Ht1PTF1i, •IN sE:l"rl:AIRE:R_ :rd, 19:S.
AS t\tE:NtiE:O, tt'lll(hi tl0)4: At'r}:III'Ri 1T1')NS, OF - ;
ft!•'t'1NLE: S11AItl\,1 F't'4DS F'Clit Ttl)
Ftit'.11.- YEAS ENDlN'I SF:I'TF. tHf' t Tr., )'176, EY 1
r)E:LE:T N4i, TIIE:ki'Fltolf THE ti' o,itl .tl'rtttlEiltA-
TIIIN tttF;ttE:IV ToH3N;NTI)\t'i SE:Nto1 1'1TY:tENS
c•t)Na1CNITT CE:NTFh. iSt',: ANt> ET 1N4'HE.tStN(:
THE AlTrto !Rl,'.rti)N tliEltr:IN 1'o t'Ot't)Nt"t i;h•tt'!
FAlt1LT i•LINtt' RT <tn(r): AND tit•ItE:,(SIN(':
trt'ltu1Itt,l7•Itt4 To sr thr,.lN's HAY C,\l:F rY
Santa); AND INCRE ASIS1; i'it*:. \Pt'Rt)r1t1A1'H/` TO
EallS'IN LITTLE, ItIVF.tb. rrit4l11cl' Yot Tfi FtY
ANL,t:i 1NC1tEASINIt THE ,1rt'J1111RI AT14)N -
J E S C-.1 Hot NIF:AI. ItY K7:1 M: , ,0Nil iN,It1ASINE;
TU1: il'1'H'11'Rt,1'rION To.('oolN1'T Gill)VF, ArTrIt
3t7U14�L illl's1 EY $*, )(1): AND iNI'JIEASIN4; THE.
-.tPrit8l'RIATION To C,"IMlN)TY •TF:i.1 VISit1A or " -
stern F't.olru,\ 12Y iult'F,: .i NI) 1N/'RI'ASIN'1 i IIF: .;
Arl'Rol'RIATl&N TO ACTION CsitlMl'NIITY'rt.:NTF:R
ET s24)i't): kEt'l At.iN(t U.L UHb1NANl'E:4 rut)1: REF•'
Tf0N3 OR )AIt7A T1l1'it1:ni' 1N'ClNFLt('r- 1Nst)F AR
'
AS TH11 ARE iN CUNFLiCT: AND PROVIDING A ;
SEYE:RARILITY CLAUSE.
ORDINANCE No. s.i i
IN ofrl1N,\Nrl: rROO'ifiNr, FOR THE P,k;11T uF '.
THE: CITI' M.\NACFat. ON \Nl) AFt1:R ' CC:11:ST I.
1976. To RE'JECT MIlll1ERS1I1I' IN "Tilt:it1.1111 CITY
GENERALE:)i1'Lf1YFEs• It1Tt1:EM)NT PLAN ")kDt•
NANCE No,-;+;_s. MAT :..I:rot. AS A011N1)Es)t'WITIIIN
3') DAYS F1:')\1 I11SMt 11EE. roM\IE'N,!E::.(ENT
111rt•oTM}:NT 0S CITY MANAGER UR 'l'ITIftN 11i •'
'D.\YS FR,':tl Tf1E: 1:FF1'-TiVE: DATE N.' TIIls,r,RDI•
NANC'E: FL'RTEtER ArritoittziNn lT THE • WTION
OF THE CITY 11ANA„ Ert. THE EST,0I:LtSIIOIE:NT 1)E•
A SF.r'ARATE AC'COl NT iN THE OFFICE UF' TIIE:
OF:pAttTJ1ENT or FiNANC1 To coNT \IN OrrOS17t;
OF THE' CITY'S CONrRtneTIrNR %ND THE CIT.:
MAMA';1R'S CONT12I11t;T14'INS 1'PUN THE SAME E0,S1'
.15 1F THE CITY MANAr.Frt' \S1it9:- TO )3)4 )Nii -TO.
THE AE'OR13AIO 1:ET:REM1.NT E'L.\X: r4t.l'il>i4')
FY1R 1'!I PAYMENT TO THE CITY >4AN.\C;1:R 0). ..
ALL 1tf1NIES C,ONTHHtC'TF'D itY THE: PALM N'.\NA':'r'Tt
Tt1CF:TILER 0V1TIl INTE:REST THEREON HF,LU IN TI)F
AFuRF:SAID tCiOt;NT IN THE EV':NT ('F' }:1IrLOY•
MENT TEr.M1NATI0X rmrtft TO THE 'C' oIr1E1aN
OF S YE,\1:S: FtET'HEtt I'R'YliDlNG- FUR" THE'.
TRANSPER TO A ICil.iC Tltt .4T F1'ND Di'Sl.1•
NATrD EY THE CITY \11X.ti:KR OF At:. M:2NIhS
11F:I.t) IN THE Aro1 wSAIi) ACCOUNT TOGETHER
WITH "NTI::,EiT TIIi:f:F})\ 1N THE EVENT OF -
FMPLOrNIENT TERMINATION AF'TF.R THE CGltrl.E.
Tlr)N ,)F. ; YEARS 0111 PRt0f1 TO THE t"' $;':.F:TIUN
qF 1) YtArt41. FURTHERi`l:4)'!N!i F'it: Tfl::
0I'TEr7N 7 71E rt.AtMlNrt' ;1.2. kU.HTF. 1 )110Ii i'r:Er.
AND 1:ENFF:TS UNDEI: THE: DIAN!1 CITY GI tit:RAi.
'
6\tl''1.uYi:F.S' 1:F:T)A101:NT FLAN AT THE t'UUI'LF'•
TI:)ti OF 14 t'siNK?:C't'T'ICF: YEARS OF E:MPL''•t•MENT
.05 I')Tl' 01ANA6ER. 1'1'•tN THE TRANSFER 'r') Tl1E•
l:FTI)1KSIt:NT Ratito OF THE "1:GCEE,t)S �'F THE
1FORESAID St:PM:ATE ICCCi(j'NT "E'$TAOL151111) •
HEREUNDER \ND E't'itTIiKR CL_\1M2N1; As A:)11:•
-
7'loN.\t. T:I GttT S1'ILIE•7T to rl;nT.11N l'',t14E)1T10N5
or 7EI:NiINATtNG2 1:31r:.0T\l1:NT PRatil To RCACII' ,
!Nu: NORMAL. 01l14I 1t'M SFatti''E RET;REMENT 4a:
AND RET,tIN1N'; ME111:ERA1111' STATUS UNTIL
itEAclltNr, ills oft IIKR NoimIAt.. MIN2\lt'\1 SEF:t'!(•F:'.
RETIREMENT A•;I': R1.:t' %LING • \Ll. otaitNANCE:A
IY)8}: SF:CTt014 UR PA1:TA TI1ECEUE' 1N rt:$Nriac •,
INSOFAR AS THEY ARE IN c0NFLiC'T: AND PRAV4D•
INi:.t $EVE:l1Altll.ITl' Pr.UVISIUN. .
ORDINANCE N
AN ORDINANCE REPEALING' CIIAPTF-R12 1'1F TH1.'.--.1
CODE OF THi CiTY OF Ml.\>MI. FLORIDA. 11TITLEO',.-
"•LETEC2.IVES. GUARDS AND PATROL AGENCIES".
ORDINANCE: NO. Airs) '
1N 1011f9GENCY ORD1N.1NCE AUTFlO1t1ZIN'i THE:
SOUTHERN DELL TELEPHONE \NL) T1LEI;itAP8
riMP\NY. Yrs St'('C1SSOItS AND ASSIGNS. ' To -,
EST 018.1S11. INSTALL- tONSTItUCT. OPERATE AND'
MAINTAIN 1T3' TELEPHONE: ITA.F,3• WIRES 1N:)
OTHER TF:L111I10NE' EQl'11'Al1NT.ANTI FAC:I.ITl1:5
tt.4)NG. Arras ".\ND L:NUFI1 THE PLAilLlC STItl:CTS.:
LANES, ALLEYS, •I10CI.F:V4tttti Am).
))I llF.tt Pl'R'.1C III0II0C.10'S 1N THE ('1T0 for ML0111:.,
111::•ITO:1NI; To TilR CITY THE I:It;11T OF AI'PJt0VAI.
1'E' tit>t,'('114141,1:. ASSIGNEES Olt-1.E55KIN: F:5T.11t ,
l.latliX4„ A DATE: FOR 111K rr.tIMF:Nt'EM1NT EYlit ".
\1';uTIATIINS r FOR A SI'(•CF:PSult FRANCHISE.''
PItOVID13'; 1.1+R RESTO41ATI')N EY- THE Ci,MPANY
OF ANY -1114TL'I:IlKII PRU1•E:Irl'Y OF THE rill* UNUFIt
Sl'J'1IIVI14)ON EY THE City: , ESTABLISHING CONI'I- •
TI('NS 1 NUE:a1 WHICH THE. STREETS til10LI. 'PE'.
oi'('ITII:D, ItY THE t'uMl'ANy AND FUR - 10:M411'AI.
OF.COMl',1NY 1'l1arF:RTY.00141:N REQUIRED: 4:11'.tli.
I.I$lll\'; THE RATE OF.'t,M1'I:NS.'.TIuN' T'u Tilt:: '
CITY' uv 1'Hf:E:K 430;1 PI:I:CE:NT AND 1 SCHI:D1'LE-
OF 1'AYM1:N1s, irEF114:N1; T14i: BASF: Volt rf,Mr6'rA-'
T'l' )1 OF T 111: f:1VF:14UE: I!AiD Tn THE CITY: PI:OVIi,;
I1r; 1-%)8 ,AN ,:xitINa1(4X CIF THE 110,E:'silt 1'1It•,'
s'KNTA'.E: IN T1It E;VENT Tl1F COMPANY SHALE.
)$TAt;LI`11 .0 AP ME' F1VUItA111.1.: IRATE, t'F )'AY•..
MENT TO "ANOTHER POLITICAL EN'1'iTl', si,E4IE i;
11t; Cti1: uF cf) I)'lNY E'M U.rrlfi$: C:T\fill: IIIN•:
l I: ATE OF PAYMENT uF UNF: 11',1 1'KIt('E1T 1
R1: HFE1t'l'JVK It1T\VE4:N 1I:':l'11' 12 AND 11F:CF'1,
1:1.'11 31• 1^7G: J:STA11:-Ia111Nr; TiIAT 711E t'4''1•!PAN).
IA I1.). stilt 1.1WV11,E: 1.111ltlla"1'IIC: FAt'11.11'IE.:1 Fsiof.
(•ATV oil PAY T4:LKVIsION 1't) I'tU:11•$' NO1 F1RAN-
t'Jllil•:l, lit' (TIN; VIU1 1NOrMs•:1F'R'.0.
7'U,: ftj' Tlfl:'''11111.1NY re R LAMA.;E.�
try T'IH'. r44111'-1NY P('l:rt'AN'!'..'T$ ANY worn( ,01'•
TJln1H'l.l, 41E.It11.4: PROVIDING J'011 A('''1Y7'AN''):
11Y'1111:4'4)til'ANilir'TIIF:1E_10A14 %ND PIPIVI:).N:
(IE' 71118 1'JtUVID14t: 1N t:FEE,"rill'.-.
1'o'l'1::' 110151DIN'; .E1114 ',u44.1:Nt11.N'J'A1. 4''1a111111.
1 .}• T111: 1.4,t1)'A1Y'S .1'44i- i,I' I'l-4'Lli' 4'Itr)I'FITT'+'
itEfFRVint :•111';1111 AND ,44,017E:II .$4,'Pill: (ITT''4
{•l-N oftirINANI'1 l:1:,;!'I•.171N(; THE ' l'•.E 1.4'
14111E:11'$: 1•:::'I 0Ill.Ia111Nr; 04'r('1'-';'!'INIi AND 1;Fayllti'
1:•1.1.1'ING l'•44,It•11 ; AND.1'!t'n'1.1i1'bt1:5. 4'It(ItiDl,�•,;.
Frill .1N AN',1 .04. AI'1'11• ,115E t;0a'.4; 7111' F:'*1••l'1::':.
J:1'al'I'4 ••1' 111K r111' AND t+rt11'l:iY 1'X1'Elc ,ANY
1-:`It4'1+.+; 1'1:.1 .I'lll::f 9; .1'1S,ViId':,; 4 1)1'l'Itt'1) 411'
Al l,I)nl'I DiS la' Till:'-(•110' or TIIF:
I ltrµ•i•,lt'I'1' 1'1"i`: 1'lll: 1':+:I'llt'.'l1U'4 1'P THIS Frt-04
till •!:. Itl.!'1;A►.1\'; \1.1. -Intl +iNA'.4'1:$. 4 t1!'1: 14I:t'• •
II0+4s On It-1111d 'OHM ill* IN' 1)IN1J.1174; ,1N11
-J'I4UV,$!.:N,, A.CE4:Vt:1L lili.i 'Y )'J:'t0l ilON.
itA4•hl(r ":}rill),
Puh4'')144,n ,} i t1110 N.11')• up -t1is' »'41 '4•'a ,1.11 Ct4 Edn'E, )9ir; •
111 tV ij 1„
IIitEP-OFFICE MEMORANDUM
*,5r Honorable Members of , 4': Bt;
the City Commission
r•r6M: Joseph R. Grassie
City Manager
,144444400444444.44.44M,-..*-
try to Southern Bell PranChise
Ordinance Clection Schedule
rNCLOSU RES
Subject to the Commission Agreeing to a telephone Franchise with Southern
Bell Telephone and Telegraph Company, there is a need to establish a date
for a Franchise Election at the October 14, 1976 Commission Meeting in
order for the County and City staff to make the necessary preparations.
If we can agree on Tuesday, November 23, 1976 for holding this election
as suggested by the Dade County Elections Department, the schedule of pay-
ment to the City as provided in the proposed Ordinance previously agreed
to by Southern Bell, can be preserved.
Under the previously negotiated Franchise, these payments would include
approximately $550,000 on February 1, 1977 representing 1'4 of the Franchise
Revenue Base from January 1, 1976 through December 31, 1976. Then, on
February 25, 1977, monthly payments will begin. These payments would pro-
vide 3% of the Franchise Revenue Base to the City for each of eight months
remaining in the 1976-77 Budget year, amounting to an estimated $1,050,000,
and will continue throughout the life of the Franchise. These payments
will be needed to accomplish the goals set by the Commission in the 1976-77
Budget. They could be disrupted, however, if an election is not held at
an early date or the proposal fails to pass. If the Commission chooses a
date other than November 23, 1976, then the new date should be determined
as quickly as possible. Traditionally, elections have not been scheduled
during the Holiday season (November 25 •- January 1) .
The Southern Bell Telephone Company is required by the City Charter to pay
the City Clerk for the election before the Franchise can be submitted to
the voters. The remaining steps that must be taken very soon are:
1. Resolve differences between City and Southern Bell Telephone
Company and adopt Franchise Ordinance.
2. Establish date for Franchise election.
3. Receive payment for election in advance from Southern Bell
Telephone Company.
• Determine Commission policy regarding method of informing the
voters and determine method of funding, if necessary.
, •,`. a�Ma'yi;'
: �r�X
1
t'estitlent•Flotida
•
abSeph R. Grassie
ty Manager, City of Miati
Miami, Florida
snb\
\ _
Southern Sell
666 N 7991 AnuE.,
1+411arn', Honda 33126
Phone (305) 263-2411
toper 12, 1976
Dear Mr. Grassie:
In my letter of October 8, I responded to 11 suggested
changes contained in your letter of October 7 without comment
on the reasons that they were rejected.
I am attaching hereto comments on the changes which were
suggested, and hope that your acceptance of these comments
and changes will result in your recommendation to the City
Commission approval of the last agreed upon proposed ord-
inance of September 8, 1976.
ttachment'
2; 4
4; V
E7=—mot.k
Yours very truly,
ice President -Florida
‘10 • z!l "••'"';
,
4:=4
114.
This language haS already !peon rembytdin previou§ tego-
tiOna, The reasons aret
1. Florida Statute, Chapter 338,19, provides the authority
needed to accomplish the removal of telephone plant
Which unreasonably interferes, hampers, or restricts
the common use of any street, avenue, alley, public
property, or place in the City.
We know of no instancy in which we refused to remove
the plant in the past. We see no need to place the
authority beyond the Florida Statute. The cost of
such removals during the past 20 months has exceeded
$408,000. We do not want to increase this liability
Without good cause.
Any increased obligation to relocate Company facilities
would significantly diminish the value of the right to
use the streets.
ange No. 2
Over many months, bargaining discussions have been held as
to value to the Company of this use of the streets, and it was
With much reluctance and much give on the part of the Company
that we arrived at 3% of local recurring revenues. To give
consideration to an amount in excess of that is unacceptable
on the part of the Company.
A comparison of the revenues derived by the City from
telephone subscribers with that derived by other cities in
Southern Bell territory reveals that the proposed 3% would
place Miami well ahead. Further burdens are not only unjust-
ified, but would serve as a base for others to start negotiations
for their franchise costs.
Change No. 3
Agreement on the franchise revenue base was reached after
many hours of discussion and the base definition and description
should not be altered.
1. It includes all revenues of a local recurring nature
for service within the City.
. It is a base that is expected to increase throughout
the period of the franchise term.
It provides an audit trail for the auditors.
-2-
The local recurring revenues of the Company tend to
Be stable and it would appear to be in the interest
of the City to achieve a revenue base with stability
and avoid other revenues with fluctuations responding
to economic conditions. The 3% proposal takes thit
into consideration.
We see no reason to broader, the territory with which to
dOMpare the rate paid for a franchise in Miami since the laws
in other states are not the same as the laws within Florida.
The end result of what the telephone subscriber pays is in-
fluenced by the laws of the state. For example, no excise taxes
in Georgia, North Carolina, and South Carolina; ad valorem tax
rates are different; fees and miscellaneous taxes are different.
Florida officials of the telephone company have no control
over the negotiation of franchises with other political sub-
divisions in other states where taxes, fees, etc., can be given
Consideration in these other E:tates to arrive at an equitable
contribution by the telephone subscribers to the overall cost of
government.
31/4% of local recurring revenues is rejected for reasons
described in Change No. 2.
If a franchise becomes effective in Florida which would
affect the payments under this franchise, Southern Bell will
furnish a copy of said franchise to the City within fifteen days
after the effective date of said franchise. If the City Commis-
sion approves higher payments to the City by 4/5ths vote within
thirty days after the effective date with the other city within
the State of Florida, then Southern Bell will commence to pay the
City the higher rate with the next monthly payment due after
appropriate billing adjustments to the customer. Failure of the
Miami City Commission to act within the thirty day period shall
be construed as a waiver of its right to increased payments
under its franchise.
Change No. 5
There seems to be no reason, but no objection, to changing
the title of this section.
Change No. 6
The cost of submitting the franchise to the electorate for
approval is required to be borne by the Company under Section 74
of the Charter of the City of Miami. Consequently, there is no
necessity to put this provision in the franchise.
r
ME
We see no reason to include this dhange in the franchise
being negotiated between City of Miami and Southern bell. We
Mould, however, agree to explain any tate proposi1 to the City
-Which we were requested to do so.
;Change No. 8
Throughout the negotiations, the City has not insisted on
a "floor", nor has the Company insisted on a "cap" for payments
Under the franchise. Heretofore the discussions have been re-
lated to the value to the Company and City for the continued
usage of the streets. This has resulted in the Company's offer
of 3% payment on local recurring revenues which are expected,
as in the past, to continue to .?row.
To consider altering the proposal to include a "floor" or
"cap" would require further negotiations and reconsiderations
of the offer of 3%, which would be high if a "floor" is required.
Change No. 9
It is suggested that the last sentence be changed to have
an insertion "similar to that" between the words statement and
shown.
The reason for this change is that some Accounting firms
might prefer their own wording,
Change No. 10
At the last City Commission meeting, the City's outside
lawyer agreed that the acquisition clause which has been nego-
tiated with the City administration accomplishes essentially the
same purposes as the proposed Change No. 10. The change suggested
is taken from a Statute whichhas been repealed and which contains
many ambiguities.
:Cita of dRiamis rittriha
•
4 1•41 *AAA ai* , ,
4. •iY. .* Pft ..4gLaggill at.
()Met Or tHt Olt? *04AOt
pand,dettvere4
October 7, 1976
-Mt, James M. Brown
Vice President-FloridA
Southern Bell
666 N.W. 79th Avenue
Miami, Florida 33126
ita A4VPicet Oti.•
P, O. txmi
MAMI PLOAIOA 33133
Dear Mr. Brown:
On September 23, 1976 the City Co=ission ordered several changes to
the proposed Telephone Franchise Ordinance which included:
1. Southern Dell will pay for the cost of the Franchise election
as required by the City Charter. (And that the City shall
have the right to place additional items on the ballot at
2.
.4t
• no charge to the City).
Provide for a protective clause that would guarantee the
highest Franchise payment to the City should obsolescence.
cause reduced payments.
3. Provide for a 3Franchise payment or a 33 1/3% discount
on the City telephone bill.
ordi-
nance as provided in the expired Franchise Ordinance.
Include the same Acquisition Clause in the proposed
5. ExtEnd the Favored ratios Clause to include the entire
Southern Bell Company area.
The Co,T.mission also requested an accounting or the free telephone ser-
vices provided by Southern Dell within the City of Miami.
Ir addition,our Auditors and Consultants were requested to review the
proposed ordinance. This prod,,ced several additional proposals which
I would also like you to consider at this time.
Ala ies M. Brown
O t. ber 7, 1176
I realize that the time is late, however, we have discussed most of
the items before. If you can make a quick response at this time I
Will include it with the proposed ordinance to be sent to the City
COr? issioners this Friday.
In order to facilitate your review, each proposed change is presented
Oh a separate sheet of paper.
Please call me if you feel that a response on this short notice will
be possible.
I sincerely appreciate your patience during these negotiations. Hope-
fully we can bring this to a conclusion at the October 14th Commission
Meeting. If you can not make this response quickly, I will postpone
this matter to the next meeting of the City Commission. This, of course,
Will be through no fault of yours.
Please call me if I can be of any help to you.
Sincerely,
Joseph R: Grassie
City Manager
PROPOSED CHANGES TO SOUTHERN BELL TELEPHONE
PRANCH1SE ORDINANCE -- OCTOBER,,..7, 1976 . _.. ,.�.
Chango
n 2 • �Ubery Sion by the City:
(c) Removal: "The Company, its successors or assigns, shall,
at its own expense, at the direction of the governing
authority of the City, Hove such poles, underground cables
or wires, including changing the height of such wires, as
May at any time interfere with any of the work of the City,
fi '{ Or that in the opinion of the aoverning authority shall
unreasonably hamper or restrict the use of any street,
avenue, alley, public property or place in the City."
}y+t..' reeJ•Y.e... ::,n.. hy-vs+ua.. ..,:c... _. __.. ... .. —_ .w...... t.—.�.. ....aw�a.4•t
Change P2
Pay, eht.,to the..Ci,ty, The Streets an3 other facilities of the City
td be used by the Company in the operation of the telephone system
within and beyond the corporate limits of the City are valuable
public properties acquired and maintained by the City at great ex-
pense to municipal taxpayers; and the right to use said streets and
facilities is a valuable property right without which the Company
would be required to invest substantial capital in right of way
costs and acquisitions; therefore, as consideration for the use
of said streets and other facilities of the City for the Company's
purposes here in provided, the Company shall pay to the City
monthly an amount equal to three and one quarter percent (34%) of
the local recurring revenues for the previous month taken in and
received by it from all subscrit rs ~within the City for the trans-
mission of sound and sisnals or other cleans of communication.
in the alternative h plus .
Payment Credit. There shall be credited toward payment of the
City's monthly telephone bill an amount equal to thirty-three
percent (33-%) thereof.
O'r Change #3
ago 4 (b) 8ate, The Franchise Revenue t3ase Shall be:
1) $ubtcriber,Station Revenue -
Represents all charges of a returring nature billed monthly for
Service.
2) Subscriber Station Rev.enueares,q_.
- Represents charges for local message charges by the Company
under measured rate basis arrangements.
2) - "Data Phone 50" Service revenues
mmr.p....=4 Amu.* amuumm.• =row
4) - "PictureEhone" Service Revenues
6) - Public Telephone Revenues.
- Represents monthly service charges for semi-public telephones
and actual coins collected from semi-public and public telephones
related to local calls.
Service Station Revenues
Represents amounts charged for a central charge and/or switching
Service, mainly in outlying rural areas, under which the equip-
ment is furnished by others.
- Local Private Line Service
- Represents revenues from services and facilities furnished for
such purposes as teletype and data transmission within the local
service area.
- Other Local Service Revenues
Consists mainly of directory assistance charges and charges
to independent corpanies for repair work.
Chars for Additional listins and Joint Users
In the event that the Co—eany changes its account descriptions,
nitiates new services or chances its methods of charging for
its services, this Franchise shall be automaticly amended to
include such changes in the Franchise revenue base.
•
- . -
or-
0- Change 0 (cont.)
The Company will hotify tht City in advance of such changes
that ih any way affect tht Prechite revenue bate.
kfc.
city Comis5ion'- peco7.7-ended by Peat Marwia, fltth&1 & Co.
and R.. beck and Associates
k
Ornge#4
Page S tedti on 4 = P y ,ot_ tit,_ttia _y
(c) increase in Payments. If during the terra of this Franchise
the Company makes or agrees to make a Franchise payment to another political
Subdivision or local governmental authority, of over 50,000 population,
that is equivalent to more than three and one quarter percent (� of
..,.
local Recurring Revenues, as defined hereinabove, of such other subdivision
or authority, regardless of the items included in the Revenue Base of such
go
other subdivision or authority, the Company shall expand the City Revenue
Base, on a mutually acceptable basis, or increase the City percentage
of Local Recurring Revenues to provide an equivalent percentage return
to the City; provided, however, that any such increase shall be approved
by a four -fifths (4/5) vote of the Commission, and become effective re-
troactive to the date the Company makes such payment as stated hereinabove
or as provided by the City Commission at the time they rake such aooroval.
Percentage required by City Commission
Addition recommended by R.W. Beck & Associates
Pa e 4 (d) POlit#41944dtgft0pAqA4
pse of Comp_42.11 Facilitiet
(litle change only)
Change #6
tg) Pokt_of_00.40,01. Prior to this Ordinance being submitted
to the electorate for their approval, the Company shall pay
to the City Clerk the cost of election estimated by the
Supervisor of the Dade County Elections Department.
Change ff7
a t 4 tk) potjte and txplanation to City, of Pr000sed Pate Chahgt3.!
"The Compahy shall, upon request, present and explain tO the City
COuhcil any proposal for a change in the subscribers' rate S or rate
• levels or service within fifteen (15) days after the submission
of such proposal to the Florida Public Service Commission,"
• • 1)c.
-.444
rrc
"IV
*t,om*:4.)000.1NP4UMI'hift
r.
than§e #8
Protective Wntrum, In the event that the AMericall Tele-
phone and telegraph Company or any of its subsidiaries
directly or indirectly cause a reduction in the annual
gross revenues collected within the City upon which the
franchise fee is based or payments are reduced due to
obsolescence of Company equipment, the minimum payment
due the City in any 12-month period will be no less than
the highest average annual payment paid to the City within
the term of this franchisP.
4VOMMAINMNIWAIVIPWVAM
Change #9
ebtibtt $ (b) Ava,_1ab_ility•of.Pecord.s. Such records as are required under
Subsection (a) hereof shall be kept and maintained in aci
eordance with ,generally, accepted accounting principles. All
= Of the said records shall, on written request of the City,
be open for examination and audit in Dade County, Florida,
b ,the Cit,'s Internal and_for External Auditors and their
staff during ordinary business hours, and such records shall
be retained by the Company for a minimum of three (3) years.
(e) Annual Audit. The Company shall provide the City annually
e 7lrr_
with a copy of a certified audit of the books and records
from which the elements contained in subsection 4 (a) and (b)
are obtained. Such audit shall be conducted by the same
@ auditing firm which prepares the audit required of the Company
•,1'$ mid' `^_.:.-'
.nu..r;;';'= by the Florida Public Service Commission and accompanied by
a statement as shorn in Exhibit I of this Franchise.
• A
i •
Change 10
A.. i 5 ,t,i,_Pn The City hereby reserves the right and
requires the Coy -party, as a condition precedent to the
taking effect of the rights of franchise herein granted,
give and grant to the City the right at and after the
expiration of the said term of twenty-five (25) years
for which this franchise is granted, to purchase the
telephone plant and other property within the corporate
limits of the City used under or in connection with the
franchise or right hereby granted, or such part of such
property as the City may desire to purchase at a valua-
tion of the property, real and personal, desired, which
valuation shall be fixed by arbitration as may be pro-
vided by law; the acceptance of this ordinance by the
Company, as hereinafter provided in Section 6 (a) here-
of, shall be construed as and shall constitute a grant
by the Company to the City of such right at and after
the expiration of said term of twenty-five (25) years,
to purchase the said telephone plant and other property,
or such part thereof as the City may desire, under the
conditions herein5efore recited. And the City also here-
by reserves to itself all pc:iers of eminent domain which
it may have under its present Charter or under the General
Laws of the State of Florida,
Change #11
ty COrmli ssi orl
City of Miami
We have examined the accompanying statement of franchise revenues of the
Southern Bell Telephone and telegraph Company which are subject to franchise
tax, as defined under the terra of the franchise agreement, Ordinance No.
dated , with the City of li ami ,'Florida,
for the year ended December 31, 19 . Our examination was made in accordance
with generally accepted auditing standards, and accordingly included such tests
of the accounting records and other such auditing procedures as we considered
necessary in the circumstances.
In our opinion, the accompanying statement presents fairly the franchise revenues
of the Southern Bell Telephone and Telegraph Co-pany which are subject to
franchise tax, as defined, for the year ended December 31, 19 , under the terms
of the aforementioned franchise agreement.
Southern Bell
666 N. W. 79th Avenue
Miami, Florida 33126
Phone (305) 263-2411
to ber 8, 1076
Mr. Joseph R. Gt•assie
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mr.. Grassie:
et
0
4-- .1DNA
,
Tt
M5 rel
at
0.4
Thank you for your letter dated October 7, 1976 with
which you transmitted eleven suggested changes to the pro-
posed ordinance which has been negotiated between Southern
Bell and the administration of the City of Miami.
As you know, we have been engaged in hard negotiations
over a period of several months. The proposed ordinance,
which was presented to the City Commission on September 23,
1976, is a result of these negotiations and contains many
concessions by Southern Bell from its original position.
To illustrate the significance of the concessions made by
Southern Bell, I am enclosing a copy of the ordinance which
represented our initial proposal to the City and which has
been adopted by most cities around the State.
Upon cursory review of the attached ordinance, it is
apparent that Southern Bell has made major concessions in
these negotiations, for example: 1) the restrictions upon
occupancy of the streets, 2) the free utilization of its
facilities by the City, 3) the imposition of record keeping
and independent auditing at the expense of the Company, and
4) the substantial additional compensation to be paid the
City. Ve have respectfully stated to you and to the City
Commission previously that we believe the concessions made
by the Company more than meet the concessions made by the
City in these negotiations. Accordingly, we can make no
fur.thqr concessions beyond those represented in the ordinance
proposed to the City Commission on September 23, 1976, but
WO would mite, however, proposed change number six attached
to your letter is required by Section 74 of the Chapter of
the City of Miami and has never been disputed by the Company.
You suggested in your letter that you would appreciate
a quick response; thus, I have not attempted to detail the
reasons for our unwillingness to retreat from our position
Which we have previously taken on each of the eleven pro-
posa3s attached to your• letter. But, as you know, virtually
all of these proposals have been discussed thoroughly in our
negotiating sessions and most of them have been discussed in
public meetings of the City Commission, and our position has
been fully outlined in these discussions. We are hopeful
that an ordinance in the form which we negotiated with the
City administration will be acceptable to the City Commission.
If I can be of any help in explaining Southern Bell's
position in this matter., I, of course, remain readily available
to you.
Very truly yours,
ice President -Florida
!
egiN
r
AN "t INAttC8
Authdriting the Southern tell telephone and WA,.
graph Company to use the public streets of the City of
Mimi, Florida, for the purpose of erecting, constructing,
maintaining and operating lines of telephone and telegraph
thereon and thereunder.
SECTION 1. Be it ordained by the Commission of
the City of Miami, Florida, that permission be and the sane
is hereby granted to the Southern Bell Telephone and Tele-
graph Company, its successors and assigns, to construct,
maintain and operate lines of telephone and telegraph,
including the necessary poles, conduits, cables, fixtures
and electrical conductors upon, along, under and over the
public roads, streets and highways of the City of Miami,
Florida, as its business may from time to time require,
provided that al], poles shall be neat and symmetrical.
SECTION 2. The work of erecting poles and con-
structing underground conduits under this ordinance shall be
done subject to the supervision of the City, and the Company
shall replace or properly relay and repair any sidewalk or
street that may be displaced by reason of such work, and
upon failure of the Company so to do, after twenty days'
notice in writing shall have been given by the Mayor of the
City to the Company, the City may repair such portion of the
sidewalk or street that may have been disturbed by the
Company, and collect the cost so incurred from the Company.
SECTION 3. In consideration of the rights and
privileges herein granted, the Company shall pay to the City
annually a sum equal to one per cent (1%) of the annual
gross receipts received from monthly service charges for the
use of telephones for local exchange service from all tele-
phones located within the City, provided that there shall be
credited against such sum 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) levied or imposed
by the 'City upon the Company's property, business or operations
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 re-
ceipts of the Company for the preceding fiscal year. For
the purposes of this payment, such fiscal year shall end on
the last day of the month in which the ordinance becomes
effective. Payment shall be made within six (6) months of
the end of such fiscal year.
StC'tION 4. The Company shall indemnify the City
d.ti t, and assume all liabilities for, damages which May
Arise or accrue to the City for any injury to persons or
preperty from the doing of any work herein authorized, of
the neglect of the.Company or any of its employees to comply
t4ith any ordinance regulating the use of the streets of the
City, and the acceptance by the Company 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 5. The Company shall file with the City
Clerk of the City its acceptance of this ordinance within
sixty days from the date when it shall take effect.
SECTION 6. Nothing in this ordinance shall be
construed as a surrender by the City of its right or power
tti pass ordinances regulating the use of its streets.
SECTION 7. This ordinance shall not become ef-
fective until it has been approved by a majority of the
qualified voters of the City voting at an election therefor,
the expense of such election to be paid by the Company.
SECTION 8. This ordinance shall not affect or
invalidate any valid franchise rights which the Company may
now have under and by virtue of any valid franchise previously
granted to it by the City.
SECTION 9. This ordinance shall be in force and
effect for a term of thirty (30) years from and after its
passage and subsequent approval hereof by a majority of the
qualified voters of the City at the aforementioned election
to be held on the day of 1976.
Mayor
I , City Clerk, do hereby certify
at the above is a true and correct copy of an Ordinance
passed on first reading on the ____i day of ,
1976, and passed on final reading; on the day of
1976, at meetings of the Cor. rAssi on of the City of tliami,
Florida, and I further certify that said Ordinance was
recorded in Ordinance Book at page .
City Clerk