1292 ORDINANCE NO. 1292
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AUTHORIZING THE SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY TO USE THE PUBLIC STREETS
OF THE CITY OF SANFORDo FLORIDA, FOR THE PURPOSE
OF ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE AND TELEGRAPH
THEREON AND THEREUNDER; PROVIDING FOR REVENUE
TO BE PAYABLE TO THE CITY OF SANFORD ON A FORMULA
COMPUTED ON A PERCENTAGE OF THE RECEIPTS FROM
RENTALS DERIVED FROM TELEPHONE SERVICES WITHIN
THE CORPORATE LIMITS OF THE CITY OF SANFORD,
PROVIDING FOR A TERM OF THIRTY YEARS RETROACTIVE
TO FEBURARY 1, 1975, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. That permission be and the same is hereby granted
to The Southern Bell Telephone and Telegraph Company, its successors and
· assigns° (hereinafter referred to as "CompanyI') 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 Sanford~ Florida, (hereinafter referred
to as "City"), as its business may from time to time require, provided that all
poles shall be neat and symmetrical.
SECTION 2. That the work of erecting poles and constructing
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 to do so, 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.
-1-
SECTION 3. That in consideration of the rights and privileges
herein granted, the Company, when requested by the City, will designate
and provide without cost to the City: (1) on each pole owned and used by
the Company hereunder and during its ownership and use thereof ei~lae. r
(a) space for a fixture for or (b) space for a crossarm for wires of the police
and fire alarm signalling system of the City, and (2) in each underground conduit
owned and used by the Company hemunder and during its ownership and use thereof,
one duct for the cables of the police and fire alarm signalling system of the City;
provided, however, that no use shall be made by the City of said space on such
poles or of said duct which is competitive with services offered by the Company
or which will resul~ in interfering with or impairing the operation or use of the
Company's proper~y or service, or which will endanger, damage or injure the
person or property of the public or employees of the Company or City.
SECTION 4. The Company shall pay to the City annually a sum
equal to one percent (1%) of the gross receipts of the Company from rentals
derived from telephones in use within the corporate limits of the City, provided
that there shall be credited against such sum the amount of all taxes, licenses,
fees and other impositions (except personal and ad valorera taxes and amounts
for assessments for ~pecial benefits, such as sidewalks, street parings 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 hereino The City reserves the right to charge a higher percentage of
such gross receipts subject to the following conditions:
1. The percentage of such gross receipts may be increased
only on the anniversary of the commencement date of the franchise,
which said commencement date is February 1, 1975.
-2-
2o The percentage may be increased by one percent (1%)
on any single anniversary, it being the intent of the Ordinance
that the percentage described herein may be increased from
one percent (1%) to two percent (2%) on any anniversary date
during the terzn of this franchise.
3. In the event the percentage is increased from one percent
(1%) to two percent (2%) the customers within the City of Sanford
will be billed by the Company pro rata for so much of the aggregate
amount of Such charge as exceeds one percent (1%) of such gross
receipts as authorized by the State of Florida Public Service
Commission and any applicable laws of the State of Florida.
Payment shah be made to the City for each of the years that this
Ordinance is in effect and shall be based on the receipts of the Company for the
preceding fiscal year. For the purpose of this payment, such fiscal year shall
end on the last day of January of each year, and said payment shall be made
within three (3) months of the end of such fiscal year.
SECTION 5. The Company shall indemnify the City against, and
assume all liabilities for, damages which arise or accrue to the City for any
injury to persons or property from the doing of any work herein authorized,
or the neglect of the Company or any of its employees to comply with 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.
-3-
SECTION 6. The Company shall file with the City Clerk of the
City its acceptance of this Ordinance within sixty (60) days from the date
of the passage and adoption of this Ordinance.
SECTION 7. Nothing 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. This Ordinance shall be in force and effect for a term
of thirty (30) years retroactive to February 1, 1975, and the City hereby
reserves the right and requires the said Company, as a condition precedent
to the taking effect of this grant, to give and grant to the City of Sanford,
Florida, the right, at any time after the expiration of such term, to purchase the
telephone and telegraph plant or other property in said City used under or in
connection with this grant, or such part of such property as the municipality
may desire to purchase at a valuation of the property, real and personal,
desired, which valuation shall be fixed by arbitration, as may be provided
by law; and the acceptance of this Ordinance shall operate as a grant by the
said Company to the City of said right to purchase.
SECTION 9. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 10. That this Ordinance shall become effective immediately
upon its passage and adoption.
PASSED AND ADOPTED this 28th day of April
1975.
Attest: Mayo r
-4-
As the City Commission of the City of
Sanford, Florida.
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford,
F=lorida~ do hereby certify that a true and correct copy of the
foregoing Ordinance No. 1292, PASSED and ADOPTED by the City
Commission of the City of Sanford, Florida, on the 28th day of
April, 19~5, was POSTED at the front door of the City Hall in
the City of Sanford, Florida, on the 29th day of April, 1975.
-5-
AFFIDAVIT
STATE OF FLORIDA
SS
COUNTY OF DUVAL
Before the undersigned authority, personally appeared J. A.
Hardcastle who being duly sworn says that he is the District Manager-CRIS
for the Jacksonville Revenue Accounting Office of the Southern Bell Telephone
and Telegraph Company, and that the gross receipts of the Company from rentals
derived from telephones in use within the corporate limits of the City of
Sanford, Florida for the year ended January 31, 1980 were $2,254,329.06.
Southern Bell Telephone and Telegraph Co.
Sworn to and Subscribed
before me this//--~day
of April, 1980.
Notary Public