Loading...
O-162-M• CITY OF CLERMONT • MISC. ORDINANCES NO. 162-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A FRANCHISE TO THE UNITED TELEPHONE COMPANY OF FLORIDA FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF GENERAL COMMUNICATION SERVICES; PROVIDING REGULATIONS AND CONDITIONS THEREOF; REPEALING ORDINANCE 140, DATED MAY 17, 1955; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, United Telephone Company of Florida has requested a franchise agreement to operate and maintain general communication services within the City of Clermont, and WHEREAS, the City Council of the City of Clermont desires to grant a franchise agreement to United Telephone Company of Florida to operate and maintain general communication services to serve the needs of the City of Clermont within the rules and regulations of the Federal Communications Commission, and the laws of the State of Florida. NOW, THEREFORE, the City Council of the City of Clermont hereby ordains that: SECTION 1. DEFINITIONS. A. "City." City of Clermont, Florida. The City of Clermont in its present incorporated form or as it may be changed by annexation. The City of Clermont is the franchising authority. B. "Council." The City Council of the City of Clermont, Florida. C. "FCC." The Federal Communications Commission, its successors, or other legal entity authorized and designated as the controlling legal Federal Agency as established by the Congress of the United States. D. "General Communications Service." The provision of the means for sending and receiving messages by any one of several methods such as wire, fiber optic cable, and radio or electromagnetic means, throughout an area rather than to a particular portion of an area. E. "Grantee." United Telephone Company of Florida. F. "Gross Revenues." Any and all compensation, in whatever form, exchange or otherwise, derived from the provision of all local exchange services in the City. G. "Subscriber." A recipient of United Telephone service. SECTION 2. GRANT OF AUTHORITY. There is hereby granted by the franchising authority to the Grantee, or its Successors or Assigns the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the City poles, wires, cables, underground conduits, manholes, and other cable conductors and fixtures necessary for the maintenance and operation in the City of Clermont of a General Communications System, to be used for the sale and distribution of telephone and general communication services to the resi- dents of the City. Said General Communication services shall include telephone or other services involved in sending and receiving messages. Nothing herein shall be considered a grant of franchise to operate a cable television system. • CITY OF CLERMONT • MISC. ORDINANCES 162-M Page -2- This is a non-exclusive franchise and nothing contained herein shall prohibit the City of Clermont from granting franchise agreements to other General Communication System Companies that meet the requirements of the FCC and Florida Public Service Commission. The Grantee shall, at all times during the operation of this fran- chise, be subject to all lawful exercise of the police power as may be hereafter provided by the franchising authority. SECTION 3. FRANCHISE TERRITORY. 1. The franchise is for the present territorial limits of the City of Clermont and for any area henceforth added thereto during the term of this franchise. 2. The Grantee shall be obligated to make general communication service available to persons requesting service in the City in accordance with the rules and regulations of the Florida Public Service Commission. SECTION 4. DURATION OF FRANCHISE, RENEWAL. The duration of the rights, privileges and authorizations hereby granted shall be fifteen (15) years from the date of the adoption of this ordinance. This franchise may be renewed or extended by the franchising author- ity, upon application of the Grantee, in accordance with the then existing rules of the FCC and applicable law. Renewal or extension of the franchise shall be considered in a full public proceeding affording due process, during which the performance of the Grantee, and the adequacy of the fran- chise ordinance will be reviewed. Nothing in this provision shall be con- strued to require such renewal or extension. SECTION 5. TRANSFER OF CONTROL No transfer of control or ownership of the general communications system shall take place, whether by forced or voluntary sale, lease, assignment, or any other form of disposition, without prior notice to the City Council in accordance with the rules and regulations of the Florida Public Service Commission. SECTION 6. RATES. The rates which may be charged to subscribers shall be determined by the Grantee. The City and subscribers shall receive a sixty day written notice of any rate increase. SECTION 7. PAYMENT TO THE CITY. In consideration of the rights and privileges herein granted, and for the use of the streets, and other facilities of the incorporated area of the City of Clermont for the operation of the general communi- cations system, and for the supervision thereof by the franchising authority, the Grantee shall pay to the franchising authority an amount equal to one and one-half percent (1.5~) of the Grantee's gross monthly local exchange service revenues generated from the conventional business and residence subscribers located within the corporate limits of the City of Clermont, Florida. Payments to the City by United Telephone Company of Florida shall be made on or before the fifteenth day of each calendar month on local service revenues levied and collected the pro- ceeding month. • CITY OF CLERMONT • MISC. ORDINANCES 162-M Page -3- SECTION 8. GENERAL COMMUNICATIONS SERVICE. The communications system permitted to be installed and operated hereunder shall be operated in conformance with all State and Federal Laws and applicable FCC standards. The City of Clermont shall be allowed the free use of the Grantee's poles within the corporate limits of Clermont for the erection and maintenance of a fire alarm system or any other public service, so long as the system does not interfere with the proper maintenance or oper- ation of the Grantee's general communications system. SECTION 9. USE OF STREET. All transmissions and distribution structures, lines, and equip- ment erected by the Grantee within the City shall be so located as to cause minimum interference with rights and reasonable convenience of property owners who join any of the said streets. In case of disturbance of any street or paved area the Grantee shall, at its own cost and expense and in a manner approved by the City, replace and restore such street or paved area in as good condition as before the work involving such disturbance was done. If at any time during the period of the franchise the City shall lawfully elect to alter or change the grade of any street, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. The Grantee shall file with the City Manager, for his approval, plans and specifications for the relocation or location of all facilities located within the City, and such approval shall not be unreasonably withheld. The work, while in progress shall be properly protected at all times with suitable barricades or other devices to protect the public. Any poles or other fixtures placed in or adjacent to any street by the Grantee shall be placed in such manner as to comply with all re- quirements of the City. The Grantee shall, at the request of any person holding a moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such pay- ment in advance. The Grantee shall be given not less than seven (7) days advance notice to arrange for such temporary wire changes. The Grantee shall have the authority to trim trees upon and over- hanging streets of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the Grantee. In all sections of the City where all cables, wires, or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground. • CITY OF CLERMONT • MISC. ORDINANCES 162-M Page -4- At the expiration of the term for which the franchise is granted, or upon its termination, as provided for herein, the City shall have the right to require the Grantee to remove, at its own expense, all portions of the general communications system from all streets within the City. SECTION 10. INDEMNIFICATION. It shall be expressly understood and agreed by and between the City and any Grantee hereunder that the Grantee shall save the City and its agents and employees harmless from and against all claims, damages, losses, and expenses, including attorney's fees sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever arising out of but not limited to copyright infringements and all other damages arising out of the installation, operation or maintenance of the general communications system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this ordinance and any franchise granted hereunder. SECTION 11. SERVICE STANDARDS. The Grantee shall put, keep, and maintain all parts of the system in good condition throughout the entire franchise period. Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time pos- sible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use. Grantee shall not allow its general communications service or other operations to interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents of the City. SECTION 12. RIGHT OF REVOCATION, MONETARY PENALTIES. The franchising authority shall have the right to rescind or revoke the rights herein granted upon any violation by the Grantee of any material obligation or requirement contained herein, or upon the refusal to comply with any reasonable request made by the City Council concerning compliance with this ordinance, after written notice by the franchising authority to the Grantee, and continuation of such violation or refusal to comply by the Grantee. Such written notice to the Grantee shall specify precisely the manner in which the Grantee is in violation, with respect to the fran- chise. The notice shall specify a reasonable amount of time within which the grantee must correct the violation, but in no event shall the time period be less than thirty (30) days from the date of receipt of the notice to the Grantee. Nothing in this agreement shall prohibit the City from enforcing this agreement by filing formal complaints to the Florida Public Service Commission as provided by law. SECTION 13. INSURANCE. Prior to the beginning of any work by the Grantee within the corporate limits of the City, the Grantee shall file with the City and shall keep in force and effect at all times during the effective period hereof, insurance certificates evidencing a liability insurance policy or policies, in the amount of $250,000/$500,000 bodily injury • CITY OF CLERMONT . MISC. ORDINANCES 162-M Page -5- and $250,000 property damage, the terms and conditions whereof shall be such as to provide for the protection and indemnification of the City with respect to claims of any persons suffering injury, loss or damage to person or property by reason of the construction, operating or maintenance of its general communications system within the corporate limits of the City. Each such insurance policy shall be subject to the acceptance and approval of the City. The policies must have management rating in the Best's Insurance Guide of BB or better. Each such policy shall be in such minimum limits as are accept- able to the City, and said insurance coverage shall remain in full force and shall be undiminished during the effective period of this ordinance. Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the City in writing at least thirty (30) days before any alteration, modification or cancellation of such policy is to become effective. In the event any suit is filed or action brought against the City, whether severally or jointly with the Grantee, by any person or corporation seeking to recover damages resulting from or attributable to the operations or the existence of the Grantee within the City, whether due to the Grantee's negligence or otherwise, the Grantee shall upon written notice by the City, defend said suit or action, and, in the event any judgement therein should be rendered against the City, the Grantee shall promptly pay the sum, together with all costs resulting therefrom, including attorney fees. SECTION 14. ORDINANCES REPEALED. Ordinance 140 adopted May 17, 1955 is hereby repealed. SECTION 15. If any section, sentence, clause or phrase of the ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the ordinance, and any portions in conflict are hereby repealed. Provided, however, that in the event that the Federal Communications Commission declares any section invalid, then such section or sections shall be renegotiated by the City and the Grantee. • CITY OF CLERMONT MISC. ORDINANCES 162-M Page -6- SECTION 16. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately after its Second Reading. First Reading this day of 1984 Second Reading this day of 1984 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CIT OF CLERMONT, LAKE COUNTY, FLORIDA THIS DAY OF , 1984. CH LES B. BEALS, MAYOR ATTEST: WAY SAUNDERS, CITY CLERK