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HomeMy WebLinkAboutR-76-1090RFC/f 1 12/8/76 notutmON NO 6 i 0 A _r._ atSOLtJTION CERTIFYING AND DECLARING THE `OLLOWING RESULT OF THE SPECIAL, MUNICIPAL tLECTION HELD NOVEMBER 23, 1976 WITH RESPECT TO AUTHORIZATION OF SOUTHERN BELL TELEPHONE COMPANY, INCORPORATED, ITS SUCCESSORS AND ASSIGNS, TO ESTABLISH, INSTALL, CONSTRUCT, OPERATE AND MAINTAIN ITS TELEPHONE POLES, WIRES AND OTHER TELEPHONE EQUIPMENT AND FACILITIES, ALONG, UPON, ACROSS AND UNDER THE PUBLIC STREETS, LANES, ALLEYS, AVENUES, BOULEVARDS AND OTHER PUBLIC HIGHWAYS IN THE CITY OF MIAMI: DISAPPROVED. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The returns of the Special Municipal Election held on November 23, 1976 having been received from the election officials of each of the voting precincts within the City of Miami and the Commission having duly canvassed such returns hereby declares: (a) Said election was duly and properly held and notice thereof was duly given in accordance with law and Ordinance No. 8585 passed and adopted October 14, 1976, author- izing the Southern Bell Telephone and Telegraph Company, Incor- porated, its successors and assigns, to establish, install, construct, operate and maintain its telephone poles, wires and other telephone equipment and facilities, along, upon, across and under the public streets, lanes, alleys, avenues, boulevards and other public highways in the City of Miami, subject to all provisions, terms and conditions in said ordinance. (b) All steps in connection with the leading up to said Special Municipal Election were duly, regularly and law- fully taken and had; and all applicable provisions of the Con- stitution and Statutes of the State of Florida and of said .ordinance have been fully complied with. "DOCUMENT, INDEX ITEM NO. CITY COMMISSION MEETING OF DEC s 5 1976 RESOlurtun Pa./,' , Rt MANK.::. The ins iedtois and oletks of each elect On it t ih the City have duly made returns to the CoMmissibn I5f the results of the election in each such precinct on the question submitted at said election: (d) At said election there was submitted to the qualified electors of the City of Miami, Florida, the folloWi ig ,question: Shall the measure known as Ordinance No. 8585, passed and adopted on the 14th day of October, 1976, and entitled "AN EMERGENCY ORDINANCE AUTHORIZING 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 EQUIPMENT AND FACILITIES, ALONG, ACROSS AND UNDER THE PUBLIC STREETS, LANES, ALLEYS, AVENUES, BOULEVARDS AND OTHER PUBLIC HIGHWAYS IN r THE CITY OF IviIAMI; RESERVING TO THE CITY THE Tyr_ RIGHT OF APPROVAL OF SUCCESSOR, ASSIGNEES OR LESSEES; ESTABLISHING A DATE FOR THE COMMENCE- MENT FOR NEGOTIATIONS FOR A SUCCESSOR FRANCHISE, PROVIDING 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 ha FOR REMOVAL OF COMPANY PROPERTY WHEN REQUIRED; `4.,. ESTABLISHING THE RATE OF COMPENSATION TO THE CITY OF THREE (3%) PERCENT AND A SCHEDULE OF PAYMENTS, DEFINING THE BASE FOR COMPUTATION OF THE REVENUE PAID TO THE CITY; PROVIDING FOR AN st 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 FACILITIES; ESTABLISH- ING A RATE OF PAYMENT OF ONE (1%) PERCENT TO BE EFFECTIVE BETWEEN AUGUST 12 AND DECEMBER 31, 1976; ESTABLISHING THAT THE COMPANY WILL NOT PROVIDE DISTRIBUTION FACILITIES FOR CATV OR PAY ++t TELEVISION TO FIRMS NOT FRANCHISED BY CITY; PROVIDING FOR INDEMNIFICATION BY THE COMPANY FOR DAMAGES OCCASIONED BY THE COMPANY PURSUANT TO ANY WORK AUTHORIZED HEREIN; PROVIDING 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 REGULATING THE USE OF STREETS; ESTABLISHING ACCOUNTING AND RECORD KEEPING POLICIES AND PROCEDURES; PROVIDING FOR AN ANNUAL AUDIT, RESERVING THE EXISTING RIGHTS OF TlHE CITY AND COMPANY UNDER ANY EXISTING FRANCHISES; PROVID- ING A METHOD OF ACQUISITION BY THE CITY OF THE EXISTING PROPERTY UPON THE EXPIRATION OF THIS FRANCHISE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND PROVIDING A SEVERABILITY PROVISION", be approved or disapproved? r Each qualified elector of the City of Miami 'MI the opportunity of voting for or against the question. Section 2. It is hereby found and determined that 2,152 tes were cast by qualified electors in favor of the question; that 4,906 votes were cast by qualified electors against the question; that the Commission hereby declares and certifies that the authorization of Southern Bell Telephone and Telegraph Company, Incorporated, its successors and assigns, to establish, install, construct, operate and maintain its telephone poles, wires and other telephone equipment and facilities, along, upon, across and under the public streets, lanes, alleys, avenues, boulevards and other public highways in the City of Miami, was disapproved by the qualified electors of the City of Miami at said Special Municipal Election; that the total number of ballots cast at said Special Municipal Election in the 88 voting precincts was 7,058; and that a majority of the votes cast in said bond election were against the aforesaid authorization. PASSED AND ADOPTED this 15th day of December ATTEST: ITY CLER K CLERK PREPARED AND APPROVED BY: Robert F. Clark, Assistant City Attorney APP AS TO FORM AND CORRECTNESS: e F. Kn.j , r. , City •,3 orney , 1976.