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Home My WebLink About472 GTE Franchise Privilege ra,3 Qjutka c96 . l5 _O�/ ORDINANCE NO. 472 AN ORDINANCE GRANTING TO GTE FLORIDA INCORPORATED, F/K/A GENERAL TELEPHONE COMPANY OF FLORIDA, ITS SUCCESSORS AND ASSIGNS , OF THE RIGHT, PRIVILEGE AND FRANCHISE IN THE CITY OF ZEPHYRHILLS , FLORIDA, AND PRESCRIBING THE TERMS , CONDITIONS , LIMITATIONS AND CONSIDERATIONS UNDER WHICH AND FOR WHICH SAID RIGHT, PRIVILEGE AND FRANCHISE MAY BE EXERCISED; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. THE CITY OF ZEPHYRHILLS , FLORIDA HEREBY ORDAINS : Section 1 . That the City of Zephyrhills , (hereinafter referred to as the "City") , hereby grants to GTE FLORIDA INCORPORATED, f/k/a GENERAL TELEPHONE COMPANY OF FLORIDA, a Florida corporation, its successors and assigns , (hereinafter referred to as "Company") , the non-exclusive right , to lay, erect, construct , operate and maintain in, on, upon or under any and all of the public streets , alleys , highways , waterways , bridges , easements and other public places of the City as they now exist or may be hereafter constructed, opened, laid out, or extended within the present limits of the City, or in such territory as may be hereafter added to , consolidated or annexed to the City, any and all such conduits , cables , poles , wires , supports and other structures as may be reasonably necessary for the construction, maintenance and operation of telecommunications and other systems for the public and private use of the inhabitants of the City, subject to the terms and conditions herein. This non-exclusive franchise shall commence on the 13th day of June, A.D. , 1988, and continue for a period of fifteen (15) years to June 12 , A.D. , 2003 . Section 2 : Upon all streets , avenues , alleys and public places of the City, the Company shall have the right and privilege of constructing, operating and maintaining its system upon pole lines with open wire; provided, however, that this grant is made subject to the right of the City to at all times control the distribution of space in, over, �' -21- " . `, 0_R. 1721 PG _1 upon, under and across the streets , avenues , alleys and other . public places of said City; to make such reasonable regulations affecting and governing the use of said streets , alleys , avenues , and other public places by said Company for its property and appliances as may in the opinion of the City and its governing body the public necessity or reasonable convenience so requires , to demand the removal , reconstruction or relocation of such property and facilities and to approve the location and type of property or facilities as it pertains only to public safety and the aesthetics of the community. The Company hereby agrees at its expense to cause the replacement of all paving, roads , sidewalks and other portions of public or private property disturbed or changed by the Company in the installation of facilities , the making of repairs , and every phase of the Company' s operation. Section 3 . The Company shall covenant and agree to hold the City completely harmless and to indemnify it from any and all liability, loss and damage of every nature whatsoever resulting from the Company' s operations and facilities of every nature whatsoever, including but not limited to, the operation, placing and repair of the Company' s equipment , poles , lines , guy wires , conduits , holes , declivities , breaks in pavement and other changes or alterations in the streets , sidewalks and property of the City. Section 4. The grant and franchise hereby given shall not be leased, assigned or otherwise voluntarily alienated or disposed of except with the express consent of the City Council to such lease, assignment or voluntary alienation or other disposition prior to the making of the same; provided, however, that nothing herein contained shall be so construed as to prohibit the said Company from leasing, assigning or otherwise voluntarily alienating and transferring this grant and franchise in connection with the lease or sale of its O.R. 1721 PG 1351 entire system, or upon its merger and consolidation with any other corporation engaged in a similar business , nor to prohibit the pledging or mortgaging of such grant or franchise in connection with all or substantially all of the physical property owned and used by it in the operation of its telecommunications and other systems for the purpose of securing payment of monies borrowed by it . Section 5 . Upon the annexation of any territory to the City of Zephyrhills , the right , privilege and franchise hereby granted shall extend to the territory so annexed, and all facilities owned, maintained or operated by said Company, located within the territory so annexed, upon any of the streets , alleys , avenues or other public places situate in such annexed territory, shall thereafter be subject to all the terms hereof. Section 6 . Commencing on the effective date of this Ordinance, the Company, its successors and assigns , shall collect from its customers receiving telecommunications and other services within the corporate limits of the City one percent (1%) of the local service revenues collected from each customer and transmit same to the City within thirty (30) days after the end of each calendar month. Local service revenues shall mean those tariff charges approved by the Florida Public Service Commission and paid to the Company by regular customers for access to the local telephone system and privilege of Telephonic Quality Communication as defined in Florida Statute 203 .012 (3) (a) (b) . Section 7 . Should the maximum franchise percentage authorized by the Florida Statutes shall be increased beyond the current value of one percent (1%) as set forth in Section 337 .401 , F. S. (1985) or as said Statute may be amended or renumbered, the franchise fee paid by the Company, its successors or assigns to the the City, may be increased up to and including the maximum percentage authorized by law at the 0.R. 1721 PG 1352 City' s sole and absolute discretion, by Resolution duly ' inacted by the City Council . Said Resolution shall set the percentage to be collected by the Company for its franchise fee and the date upon which said collection shall commence from customers receiving telecommunications and other services within the corporate limits of the City and the Company shall be bound thereby. Section 8 . That all Ordinances or parts of Ordinances in conflict with the terms of this Ordinance be and the same are hereby repealed. Section 9 . This Ordinance shall become effective as provided by law. Section 10 . Council President is hereby authorized to execute any and all documents necessary to effect this Ordinance. Section 11 . This Ordinance shall become law upon being passed by the City Council of the City of Zephyrhills after three (3) readings and execution by the presiding officer and the clerk of that body in accordance with Florida Statute 166 .041 , Laws of Florida. The foregoing Ordinance No. 472 was read and passed on its first reading in open and regular meeting by the City Council of the City of Zephyrhills , Florida on the 9th day of May , A.D. , 1988. // / / r `Il CARLSO eALSTER, ' •N President of City Council 1 't est /'_' ✓0 - CiFr .. . .ItClerk The foregoing Ordinance No. 472 was read and passed on its second reading in open and regular meeting by the City Council of the City of Zephyrhills , Florida on the 23rd day of May , A.D. , 1988. ( 0. R. 1721 PG 13531 • a 2 L.1).11 y� CA'LTON �'ALSTER, N• .• _> • � President of City Council • \ tez y. lerk ••.' h •..fcgoing Ordinance No. 472 was read and passed ®11PiTY,C` on its ,third and final reading in open and regular meeting by the City Council of the City of Zephyrhills , Florida on the 13th day of June , A.D. , 1988 . F.. o(. 1 t. Ir ` /� CARLTON ALSTER, e- " ,;. , ••� President of City Council _ ems,, erk -_ rtAtTY.towregoing Ordinance No. 472 was approved by me this 13thday of June A.D. 1988. fio ROBERT H. JO. :ON, Mayor 411) iliettym VERMIN QED PI7TMAfV ( O. R. 1721PG 1354 ! ACCEPTANCE OF FRANCHISE GTE FLORIDA INCORPORATED GTE Florida Incorporated, the corporation named in and to which Ordinance No. 472 was granted and adopted by the City Council of the City of Zephyrhills, Florida, on the 13th day of June, 1988 , hereby accepts the franchise thereby granted. GTE FLORIDA INCORPORAi' D Date: 6 --�� 0 0 By�•�� c �• IR George ' . King -441114111