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0460 United Telephone FranchiseORDINANCE NO. 460 AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK OF THE 1b CITY OF OKEECHOBEE, FLORIDA TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND THE UNITED TELEPHONE COMPANY OF FLORIDA; PROVIDING FOR THE TERMS OF THE FRANCHISE AGREEMENT TO BE INCLUDED AS A PART OF THIS ORDINANCE; PROVIDING FOR A FRANCHISE FEE; PROVIDING FOR CONTROL AND REGULATION OF THE USE OF PUBLIC PROPERTY AND RESTORATION THEREOF; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: The Mayor and City Clerk are hereby authorized to execute on behalf of the city, a franchise agreement between the city and United Telephone Company of Florida after holding a public hearing thereon, the terms of said franchise agreement are attached hereto and become a part of this ordinance. SECTION II: This ordinance shall take effect upon its adoption. Introduced on first reading and set for public hearing this 27th day of April , 1982. ATTEST: r ~ City Clerk Mayor introduced and passed on second and final reading this 11th day of May , 1982. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Ci y Attorne FRANCHISE AGREEMENT THIS AGREEMENT 'entered into this 20th day of ' June 1983 between the CITY OF OKEECHOBEE, FLORIDA, a political subdivision of the State of Florida (hereinafter called Grantor) and UNITED TELEPHONE COMPANY OF FLORIDA, a corporation organized and existing under the laws of Florida (hereinafter called Grantee), WITNESSETH: A. Consideration: 1. In consideration of the construction, maintenance, and operation of telephone lines and other facilities heretofore established by the Grantee and to hereafter be established and maintained and as herein provided for the benefit and convenience of the inhabitants of the Grantor, and mutual covenants herein contained, and; 2. In consideration of the Grantee paying to Grantor an annual sum equal to one percent (1%) of the Grantee's gross annual, recurring local service revenue generated from the conventional business and residence sub- scribers located within the corporate limits of Grantor, which annual sums due Grantor shall be paid on or before the 1st day of March of each year for the preceding calendar year, it being agreed that should the Florida Public Service Commission approve Tariff charges of operating telephone companies increasing the one percent (1%) limitation this Franchise Agreement will be subject to renegotiation at the request of either party, by giving the other thirty (30) days notice in writing. B. Grant of Franchise: 1. The Grantor does hereby grant to the Grantee, its successors and assigns the right, privilege, and franchise (not exclusive) for a period of fifteen (15) years from and after the effective date of this Agreement to construct, maintain, and operate a communications system or systems in, over, upon, under, and across the present and future streets, alleys, avenues, easements for public utilities, highways, bridges and other public places in the City of Okeechobee, Florida, any and all necessary telephone, telegraph, L telephonic radio and other methods and means of communication, together with all necessary or desirable poles, towers, cables, wires, transmission lines, and all necessary or desirable appurtenances thereto, for the purposes of supplying telephone, telegraph, telephonic radio, or other means of commun- ication services to Grantor, and its successors, the inhabitants thereof, and the persons and corporations beyond the limits thereof, for domestic, commercial and other purposes. Grantee agrees to install all new service in the City of Okeechobee underground after August 1 1983, except in those instances when the placement of underground facilities cannot be economically justified or when such placement would create an economic burden on the citizens of the City of Okeechobee as part of the general body of telephone subscribers. C. Hold Harmless: The Grantee hereby covenants and agrees to hold the Grantor completely harmless and to indemnify it from any and all liability, loss and damage to persons and property of every nature whatsoever resulting from the Grantee's operations and facilities of every nature whatsoever, including, but not limited to, the operation, placing, maintenance, and repair of the Grantee's equipment, poles, lines, guy wires, conduits and holes and declivities and breaks in pavement and other changes or alterations in the streets, sidewalks and property of the Grantor arising therefrom. D. Interference: It is agreed that poles, towers, and wires and other equipment of Grantee shall be located so as to interfere as little as practicable with normal use of said streets, avenues, alleys, highways, bridges, and other pub- lic places, and so as to preserve reasonable means of egress and ingress to abutting property. E. Control and Regulation of Use of Public Property: 1. This Agreement is made subject to the right of the Grantor to at all times control the distribution of space in, over, upon, under and across the streets, avenues, alleys, and other public places of said Grantor; to make such reasonable regulations affecting and governing the use of said streets, alleys, avenues, and other public places by said Grantee, and its k + property and appliances as may, in the opinion of the Grantor and its govern- ing body, be required for the reasonable protection of the public health, safety, and accommodation of the community; and, when in the opinion of the Grantor and its governing body the public necessity or reasonable convenience so requires, to demand the removal, reconstruction or relocation of such property and facilities. F. Restoration: Grantee shall properly replace or repair any sidewalks or street that is displaced, destroyed, or damaged by the Grantee in construction, establishment, use of maintenance of its poles, lines, conduits or other systems and equipment; and upon failure to do so after ten (10) days notice in writing, shall have been given by the duly constituted authority of the Grantor to the said Grantee, the Grantor may repair the same at the cost of the Grantee. G. Effective Date and Termination: This Agreement shall be effective from August 1 , 1983 and shall terminate on July 3l , 1998 WHEREFORE, we hereunto set our hands and seals the day first appearing above. ATTEST: City Clerk CITY OF OKEECHOBEE, FLORIDA Grantor By : UNITED TELEPHONE COMPANY OF FLORIDA Grantee By : f, ice President of Customer Svc.