Ordinance 2000-1552ORDINANCE NO. 00-3552
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA GRANTING
TO METROMEDIA FIBER NETWORK SERVICES, INC. A NON-
EXCLUSIVE FRANCHISE TO USE THE PUBLIC RIGHTS -OF -WAY OF
THE CITY OF LONGWOOD FOR THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A PRIVATE COMMUNICATION
SYSTEM IN THE CITY OF LONGWOOD FOR THE PROVISION OF
LOCAL PRIVATE LINE TELECOMMUNICATIONS SERVICES;
ESTABLISHING A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS UNDER WHICH SAID NON-EXCLUSIVE RIGHTS
PRN[LEGER AND FRANCHISES MAY BE EXERCISED; PROVI➢ING
FOR THE TERMINATION, AMENDMENT OR MODIFICATION OF THE
FRANCHISE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Longwood (hereinafter referred to as the "City'')
ontrol over public rights -of -way located within the llmfts of the City
of Longwood; and
WHEREAS, Metromedia Fiber Not,—k Services, Inc, a Delaware
corporation, authorized to do business in the State of Florida (hereinafter,
referred to as the "Company) wishes to provide for the I"" trnnsport of voice,
data and video teieronf—c-g ov a be, optic/coaxial network as permitted
by the Company a state and/or federal certifications, except as provided in this
Ordinance, and
WHEREAS, the Company has requ estcd permission from the City to
nstruct, maintain and operate its [elecommunlcations system under and
along the aforesaid right-of-way to provide the aforesaid services and
WHEREAS, the aforesaid right -of --way to be used by the Company are
valuable public properties acq,i,,d and mim afined by the City at great
expense to the City'a taxpayers and the right to u ao said right-of-way is a
valuable property right withwhich the Company would be required to invest
substantial capital and property acquia'don costs; and
WHEREAS, the City desires to insure that the aforesaid rlphlsof-way
used by the Company are utiliaed and promptly restored to a safe and secure
condition to protect the health, safety and welfare of the City'a cili—os
IT IS HEREBY ENACTED BY THE CITY OF LONGWOOD AS FOLLO
SECTION I. DEFINITIONS
For the purposes of this Ordinance, the following terms, phrases, words,
and their derivations shall have the m ning given herein. When not
fur onslstnt with the context, words used in the present t nse include the
inurerethe in the plural include the silwasr, and words in the singular
Include the plural. The word "shalt" Is always mandatory and not merely
directory.
A. "City "mans the City of Longwood, Florida, a munkipal
corporation organised and existing under the laws of the State of Florida
H. "City Lupins means the mr,,poreled limits of the City.
C. "Company"means the Metromedia Fiber Network Services,me.,
Inc., a
corporation organised andsting under the laws oI the State of Delaware, or
its offiiiat.
D. "Person" naany peretmt son, fret, pnership, association,
wrporad...... pany ororganis'd.. of any kind.
E. 'Right -of --Way' or "City', right-of-way" man land dedicated, deeded,
sed, or to be used for a street, alley, walkway, boulevard, public utility,
dral.age facility, access for ingress and egress, m' other purpose by the public,
governing bodies, The City of Longwood, or certain designated individuals.
F. "Public Service Commission" or "PSC" a ens the agency charged with
the powers and dul'les, conferred upon it by Chapter 364, Florida Statutes, to
regulate telecommunications companies and their facilities.
SECTION 2. GRANT OF FRANCHISE TERM: LIMITATIONS
A. The City hereby grants to the Company the non-exclusive right,
privilege and franchise to construct, operate and maintain under the public
rights -of -way of the City, as they now .it or may hereafter exist within the
present limits of the City, or as otherwise limited by law, or in such terrlmry as
may be hereat", added to, consolidated in exed to the City, any and all
uch conduits, cables, wires, and other structures slid appurtenances as may
be r .ably n ssary for the c ni ctlim and maintenance of a
tlesommunicatlons system in the City of Longwood for the provision of local
private telecommunication se es (hereinafter referred to as the "System'i to
nm be used by the Cpsny and tonp—ide to itself and others the Went transport
of voice, data and video teleconferencing over a fiber optle/coaxial network as
permitted by the Company's stare and/or federal eertifeations, subject to the
terms, conditions and exceptions contained herein.
B. This non-exclusive Franchise granted by the City I,the Company
shall be for a period of fifteen (15) years from the effective date of this
Ordinance unless earlier terminated as ptovlded below. If the terms and
onditions of this Ordinance are not accepted In writing by Company within
sixty (60) calendar days after its final passage by City Commission, then such
Ordinance stall become all and void in its entirety:
(i) Upon this Agreement being terminated by operation of law; or
lip At the City', option the Agreement may be terminated upon
the City 1 actment of an ordinance consistent with Section
337Ail 1, Flo�idn Statutes, a ended by Sectlon 50 of SB
1338 in the 2000 LegtslativesSesslon ("Section 50"), in which
vent Provider shall have one hundred twenty (120) days toregleter in cottlan.. with the lawful registration provlslons
of the City's ordinance a required at the time of the
termination. Following such termination of this Agreement,
Provider shall be entitled to continue to use the rights -of -way,
without mte,uplill, sublec[ to compliance with the one
hundred twenty (120) day registration requirement; or
pill Oa September 30, 2001, if Section 50 of provisions
substantially similar [o the pr-Vinton, contained la Section 50
effect anti the City has elected I, terminate the
Agreement pursuant to Subsection (11), above, Provider shall
have one hundred twenty (120) days to register io accordance
with said section and the provlslons of this Agreement shall
terminate, except for the rights and obligations of this
paragraph which shall survive a tcfminatioa. Provider shall
I,, entitled to continue to nse the City I rights -of -way, without
ruption, subfeet to compliance with the o e hundred
hveaty (120) day registration requirement and the applicable
provisions of Section 50 or provisions substantially similar
thereto; or
(i,) If this Agre ,et terminated put ant to (I), hil or hip
above, or oe�wlse� [hen at such time as Section 20224(2)(al.
a Florida Statutes, -acted by SB 1338 In the 2000
I,,fpslative Session andeSectioa 337.401, Florida Statutes, a
Wended by Section 51 of SB 1338 in the 2000 Legislative
Session r other similar statutory provlslons become effective
prohibiting a local government It— requiring the payment of
fees n required under Sectlon 3 of this Agreement, then
Section 3 shall no longer be effective.
C. Neither this Ordinance as a whole, nor any of its parts, portions or
terms, shall be construed as granting or intending to grant to the Company a
franchise to use the City'a rights -of -way or the System, or any portion of the
System [herein, far cable television, including, but not limited to, interactive
and pay -per -view television, or for any other uses not speeifled herein; but
nothing herein shall preclude the Company, from entering Into a contact for
the u of any portion of the system with any person, firm, partnership o
orporation, provided that samd per n, f i ,, partnership or empm ation fi-t
obtains an appropriate franehise from the City.
D- In—epting this &anehi.e, the Company agrees tv bury
undetgbmmd any and all such conduits, fiber optic cablres es, w and other
imil2rri be" installed or located anywhere within the City on public
private Pproperty, for the c nstruction, maintenance and operation f the
System, unless the Company obtains a writtw en aiver , this requirementtfrom
the Ci[y Convnission or has a previously is ued city, permit or it there ar
xi"mg aboveground fadlities to which the Company may attach Its facilities,
'the Company shell not be required to bury underground controlled
"l cabinets, pedestals, pate -gain devices, c entrators o
repemm, pbsided that said devices shall have [he lowest profile allowed by
technology.
E. Nothing in this Ordinance shall be constrted as a surrender by
the City m its right o, power to pass reasonable ordinances regulating the use
of its rights -of --way. However, Company does not waive any right to ehallenge
the validity of such ordinances under state and federal law.
SECTION 3. FRANCHISE FEES: AUDITS; INSPECTION OF RECORDS
A. Commencing on the effective date of the Ordinance, the Company
shall pay quarterly fen the City's fiscal year basis) to the City as consldera[ion
for the grant of this Franchise, a arm of money equal to one percent (1%) of its
s
pros ceipts on re ing locals es derived during each quarter
fromserviees provided within the City Limits by the Company, all as prescribed
in Section 337A01 i3), Florida Statutes. "Local service revenues" are defined as
ell revenues received by the Company from its customers for providing the local
ran tsport of vmte, data mal video signals as provided in this Ordinance and as
provided by law.
B. Within thirty (30) calendar days after the close of each fiscal
quarter, the Company shall pay the franchise fee as provided in Section 3.A.
end file, with the City's Duarte, of Finance, a ,tstzt,ent, signuf by an
arihorlaed ae,ounUng or financial repre enfati,e of the Company, of the gro
ceipts on recurring local service revenues derived in the preceding quarter.
�Acceptenee of any, hanchise fee payment shall not be deemed o waver or
release of any cdtim the City may have for additional sums permitted by law,
nor be construed as an accord that the amount paid is correct)
C. If suds c nsiderathat is not r awed by the City within such
ny period, the Compashall pay Interest on any such unpaid portion thereof at
the rate of eighteen parent (18%) Pere n from the first day after the
payment period until paid to the City, and the Company shall reimburse the
City for the actual and reasonable out of pocket casts of the City, including
nable attorney fees, asdated with collecting any su s of money the
Company m required le r,mitto the City pursuant 1. this Ordhuutee.
D, The sums of money to be paid by the Company to the City untie,
this Seebn ere compensation and consideration for the use by the Compmmy of
the Ci;h rfghl—fway for the construction, maintenance and operation of the
System and are mot taxes, as allby the Florida Constitution, the general
r special laws of the State of Florida or any other ordinances of the City. The
Company shall et ad
times eonth ue to be subject to public se ce taxes,
charges or tees as may be lawfully auttorized by the Florida Constitution, the
general or spedal taws of the State of Florida, the provisions of the Municipal
Home Rule Powers Act (Chapter 166, Florida Statutes) or the oidia—e, of the
City.
E. le the event then m franchise fee authorized by the laws of
the State of Florida shall be ucreased beyond the current m t of one
percent s (1%) of the gross rceipts o ring local
prescribed in Section 33].401 0[ [he Florida Statutes, e[he eCity eshall be
authorized to unilaterally amend this Ordinance and prospectively (from the
effective dam of such change in the 1—of the State of Florida) increases the
franchise fee provided for herein to the maximum franchise fee authorized by
the laws of the State of Florida; provided that the City increases the aMhise
I
for companies ofb,idg,,i-Har services by an equal percentage.
Further, in the event the maximum franchise fee authorized by the Iaws
If
the Stare of Florida shall be decreased beyond the cu cot tunount of one
percent (1 %) or eliminated In its entirely, the City shall unilatermlly amend this
Ordinance and prospectively (Coat the effcctve date of such change in the Iaws
of the State of Florida) decrease or eliminate the franchise fee provided for
berein to the maximum franchise fee authorized (if any) by the laws of the State
of Florida, provided that the City decreases or eliminates the franchise fees for
companies off i- mg similar services by an equal percentage.
F. The Company, and its agents and outside contractors shall make
vadidile. [or examination by the City or its mtthorized representative or agent,
during n rural business hours, the books, records and a unts and other
daeumentation of the Company (h—aafter collectively referred t s the
"Reports') that, as determined by the City, are necessary to determine the
racy of the gross receipts on re ring tonal service revenues upon which
the franchise fee Payment is based, and shall permit the City, or its authorized
Cm.....milve or agent, to make end remove copies of the Reports, including
computer printouts or other data of cUsmirsr billings. In the event the Reports
not available to the City for examination to the City bimits, the Company
shall r mburse the City for the r nable travel expen of the City,
representative resulting from said representative's travel to the location where
the Reports are maintained and shall permit the City to make and re
copies of the Reports, Including computer printouts or other clot, of customer
billings Upon request by the City, or it designated representative, the Company
shall provide a copy of any annual report filed with the PSC and a copy of all
telephone service reports required to be filed with the PSC. The City, or its
de..sig,m,d representative, shall have the right during the life of this Franchise
to exorain, the Reports; provided, however, that the Company shell be
obligated to maintain its bitting records only for the Period of lint, required by
the PSC (or its s agency, o n the event the Company no longer
subject to the Jurisdiction of the PSC, for the period of time required by the
City( end that any examination conducted after such period shell be conflned
to the billing records then available. No later than thirty (30) days after the
request of the City, or its representative, the Company shall supply to the City,
copy of the Reports. Such copy shall be in the media requested by the City
provided that It is itso, ical and practical for the Company m do so; however,
shall paper copies of requested documentation be deemed
weal m impractical. The City agrees m keep ell documentation end
reports confidential, except as otherwise provided by Florida law.
Q. In the event the law changes to allow franchise fees other than
specifically provided for herein, then the City aad the Company agree to
negotiate amendments to [his Franchise or a new Fran his, to allow the City to
impose such n w franchise tees on the Company, provided such fee, are
competitively neutra] and nondiscriminatory.
SECTION 4. USE OF THE CITY'S RITE OF -WAY: CONSTRUCTION
REOUIREMENTS ALTERATION OF THE SYSTEM. ACCESS BY CITY
A. Prior to the installation, placement m move] m any eemmits,
cables, structures, or the start of any other type of construction, the Company
shall, pursuant to the requirements of existing or subsequently enacted City
Ordinances, obtain all permits from, and pay all fees to, the City. Sold permits
shall set out the place, date end time where the conduits cables, or other form
of construction, — to be Installed, or removed or where the construction is to
be conducted. All permit applications submitted by the Company shall contain
plans showing known utility facilities and specifications prepmed by a qualified
engineer/technician, and letters of no conflict as provided by other utilities
having facilities locamd where the Company desires to place its conduits,
cables or structures. The Company will not assert the existence m any, vested
rights If the City issues a permit. Further, Issuance of a permit by the City
shall noC be construed by the Company as a warranty that applicable rules,
regulations or laws, or that the locatan is free of cimflicting utilities or other
public facilities.
B. Any type of c rmhuction proposed by the Company shall be
subject to the City Code and other regulations pertaining thereto and all other
applicable state and federal taws which son in effect at the time of permit
application, and shalt be performed with the least posslot, Interfere... with
the use
of the Public rights of -way add to adjoining property owners and In
mplinnce wi
th the rules and "go ah—, of the Florida Department of
Transportation.
C Any conduits, cables or structures installed a' placed ivmount first
having obtained the permits h—..before provided for shall be removed by the
Company ;thin thirty (30) days written notice by the City to ..move the some
and in default of compliance with such notice, the cvndults, cables o
structures may be ..moved by the Deparhnent of Public Works of the City or
its agents and the all of removal shall be borne and paid by the Company.
D. In the event that work to be conducted by the Company requires
streets or [raffle lanes to be closed m- obstructed, the Company shall, pursuant
to the requirements of existing or subsequently enacted City Ordinance, obtain
all permits from and pay all fees therefor to the City, and shall obtain all
approval of its maintenance -of -traffic plan from the City Traffic Enginee,.
F, In the t the Company des any trees
nably n essary to construct any Pat tionsof the system end to maintain
[heslntegrity end safety of sa shall, pursuant [o the requirements of
xisting o subleque.tly e red City Ordmmicos, at Company's expense,
obtain all applicable permits hom, and poly all applicable fees to, the City, and
comply with all other requirements of said ordinances.
F. The Company sheet not in any wqy displace, damage or destroy any
Iahn, force main, pipe or any other facilities belonging to the City,
or torany third party who placed such facilities therein by express authority of
the City, without the consent of the City and the third party, and the Company
shall be liable to the City or to the third parry owner, as the case may be, for
the cost of any repairs made necessary by any such displacement, damage or
destruction and shall pay such costs upon demand.
G. The Company shall, at its ow cost, replace and repair without
delsy any of the city" rights -of -way that has been excavated, broken, removed,
displaced or disarranged by the Company in the conduct of its eombluctlon,
maintenance and operation of any portion of the System, 0r as a result of the
deterioration of any portion of the System, and restore the same to as good a
ondition as it existed prior to the Company commencing its work, and upon
failure of the Company to do en after twenty (20) days written notfce by the
City, the Cfty may make such repairs and replacements as it deems masonably
cessary, and the Company shall pay the City all reasonable and direct vests
of such repairs and replacements. The Company, shall, to the satisfaction of
the City, maintain any repairs it makes pursuant to this Section for a period of
two (2) years following the date of such repair.
H, The Company shall u I, ell proper and r vable cin
nection with any work which It may do in the City and seek to prevent
harm, damage or injury to persons or prope'ty therefrom.
1. The Company shall produce and maintain a ,mpl,,t,, set of "as
builtplans, inel-ding, but not limited to, horizontal and vertical profiles,
within thiry (30) days after construction of any portion of the System; comply
with all applicable laws, regulations and codes promulgated for [he protection
of the pall including, but not limited [o, the National Electrical Code, the
National Electrical Safety Cod,, the Fiorida Department If T—spartatlon
Utilities Accommodation pride, the State of Florida Manual of Uviform
Minimum Standards for Design Construction and Maintenance for Streets and
Highways, and such other design o regulatory eauals which regulate the
nstallation of stntentres within public rights -of -way and/or utility easements;
make said plans available to the City within Tory -live (45) dpy, after
nstructlon of any portion of the system; and become a member of and
maintain membership in a utility notification on -call system.
J. Except in a—,,u y, the Company shall, within on handled
eighty (180) days afterrecelpt of written notice from the City, adjust, alter or
relocate, at Its own cost and expense, any alltlon of file Systun in the event
the City determines that such adjustment, alteration or relocation Is necessary
for the City, u e of its property and righ—f — , far the abandonment or
acaling of anys city utility easement, property or rights -of -way, or if same
of interferes with the convenient, safe or continuous u or the
mprovement, extension or expan of any Public rightsrof-way
n theeCityc 1. the event such adjustment, air erait— or relocation is incidental
work to be daae by the City o� a Cfty road, such notfce shall be given sixty
i6o) days prior to the commencement of such work by the City. in the event
uch a contingency occurs and the Company fails to cause the aforementioned
adjustment alteration o relocation as required herein, the City shaft provide
the Company with a written "'rice and order and fifteen (15) days therefrom,
unless extended by the City, if the Company has not complied with said order,
the City may m Inch portion of the System, and the total cost and
expense therefore shalbe charged to the C mpany. The allocations of all
osts of relocation o val shall be consistent with the provisions of
Chapter 337.403, Florida 9mtutes.
K. In the ,,at the City requlres the Company to adapt or conform
any portion of the System, or in any way to alter, temporarily or permanently
relocate or to change any portion of same to enable any person other than a
governmental agency to us e rights -of troy of the City, the Company shall be
rerachmaed by the persondesiring or occasioning such change for any I'll,
cost 0,
expense i used by o sing out of such change, alteration or
relocation of any portion of the System.
L. In an mergency, as determined in the sole and exclusive
discretion of the Cily, when the Company or its representative is Immediately
limae
vselable o nable to provide then essay immediate repairs to any
portion of they System that is damaged or matfiuctioming or to any faults or
settled or sunken area [het may develop in any area over, around or adjacent
to same, the City, when apprised of such en emergency, shall have the right,
but not the obligation, to make the repairs with the total cost of same being
charged to he Company.
M. In an effort to minimiee the number of facilities within the City
rights -of -way, the disruption of traffic end roadway destruction, the Company
shall enter into joint use agreements with he City and other parties who are
expressly authorized by the City to u e its right of way provided such
agreements
a',
satisfactory to the Company. Nothing herein contained shall
mandate that the Company enter into joint use agreements.
N. In accepting this Franchise, the Company acknowledges that at all
times during the term of this Franchise, its rights shall be subject to all lawful
e of Che police power by the City, to the extent such police power and/or
regulations ere consistent with federal and state law, and to such reasonable
regulation of its Public rights -of -way and utility easements as the City ehall
hereafter by resolution or ordinance pmvide in he Interest of the health, safety
end welfare of the public. Any in slsteney o ambiguity between he
provisions of this Ordinance and any lawful exercise of the Citys police power
shall be resolved in favor of the City police power.
O. The Company shall maintain and operate all parts of the system in
good, safe and operable mndltion and shall render efficient s—ire in
con ance with the rules and regulations as are, or may be, set forth by the
Public Setvtce Commission of the State of Florida, or by other agencies of the
state Iawfally empowered to regulate the aeltslies of he Company.
P. provide
The Company shall written notification to the City
Engineer of all work done within the City limits including work done within
county and state rights»f-way.
SECTION 5. ASSIGNMENT
The Franchise hereby granted shalt not be leased, sake, assigned o
on—
oise transferred, alienated or disposed of except with the prior express
written c eat of the City Commission of the City, which shell not be
untre-mormy withheld or unduly delayed. Notwithstanding the f reg0mg,
however, the Franchise may be assigned without the consent of the City, to (a)
subsidiary, affiliate or parent company; (b( any firm o —p-ate,. which
Franchisee controls, i ro lled by o under control with; (e) any
partnership in which it has a majority interest; or If to any entity which
reeds to all or substantially all of its assets whether by merger, sale or
otherwise es long as the s ndty has the appropriate authorizations
eqor ruired by the FCC and/the PFCe
SECTION 6. INSURANCE
A. During the life of this Franchise the Company shall provide, pay
I,
and maintain satisfactory m the City the types of insurance described
herein. All Insurance shall be from responsible companies duly authorlai l to
do business in the State of Florida and having a financial rating in Bests
Insurance Guide of B< Class VI or better and a claims paying ability rating of
A> or better. All liability policies shall provide that the City is an additional
ured as to the operations under this Franchise. The required co .rages
ust be evidenced by p,,perly executed Certifirm- of Insurance forms, The
Certificates must be ,signed by the authorized representative of the Insurance
ompany. Thirty (30( days advanced vn'itten notice by r',gisb—d ortlfied
mail must be given to the City of any cancellation, Intent not to re
cer
reduction In the policy coverages. The Certificate of Insurance must ind cats
the City as on additional Insured.
a The limits of coverage of insurance required shall not be less than
the following:
(l) Workers Compensation and Employer's
Liability Insurance
Worker's Coarpen mion-Florida Statutory
Requeremenes
Employer's Liability-$500,000 limit each accident
$500,000 disease - policy limit
$500,000 disease - each employee
di) Comprehensive General Liability
Bodily injury end property damage:
$1.,000,000 single lanit each scrota....
$2,000,000 policy aggregate.
(ill) Automobile Liability
Bodily injury and property damage:
$1,000,000 combined single limit_
The following should also be added as subsection (iv):
(vl) Excess liability:
$4,000,000 each oceu—ce
$4,000,000 policy aggregate.
SECTION 7. INDEMNIFICATION
The Company shall Indemnify and hold the City and Its officers,
directors, agents, se nits, employees, su sand assigns harmless of
and from any and all claims for personal mm,,demh or property damage,
any other losses, damages, charges m- expenses, including attorneys' fees,
naitness fees, c it costs and it,,reasonable value of any se endered by rvlces r
any of[ma employee of the Ciry, r a any orders, Judgements or decrees
which may be entered wh; h a re alleged to have ar out of, In
nection with o attributable atoorthe Company's activities raider this
Franchise and the placement, repair, relocation o -1 by Che Company,
Its agents o ontraetors of any portion of the System excepting only those
claims resulting from the negligcace o willful mid— of the City. The
Company shall undertake at its own expense the defense of any action which
may be brought against the City for damages, Injunctive relief er for any other
arising-
e of action ising or alleged Ie have arisen out of, In connection with or
attributable to, the foregoing and, is the et en[ any final judgement therein
should be rendered against the City resulting from the foregoing, the Company
shall promptly pay the final judgement together with all costs and interest
relating thereto; he Company being allowed, however, an appeal or appeals m
the appropriate court or courts from the Judgement rendered In any such suit
action. The City shall timely notify the Company of any claim or suit for
which the City wilt require the Company to indemnify the City.
SECTION S. TERMINATION
In the ,,at the Company (i) violates any of the material provisions of
this Ordinance, -Ness such violation "salt, i}om a e beyond the
Company, control, (it) shall cease m operate the System within the City for
any consecutive period of 180 days during the life of this Franchise, except for
es beyond the Company's -mml, or (iii) o, prentailed by governmental
authority from charging the I'mnchise fee provided in this Ordinance to its
anA i[ provides the City with written notice of its desire to terminate
thist Franchise, [hen the City, at its option, may forthwith declare a forfeiture
and termination of, and r voke and c, cal all rights granted under, this
Franchise, provided that, prior to such tenninatioa by the City resulting Gom
violation by the Company of any of the provisions of this Ordinance, the
Company shall be served by the city with a written notice setting forth ell
matters pertinent to such violation, and describing the action of the City with
respect thereto. The Company shall have sixty (60) days it,, service of such
notice within which to , o present re the violation, within which to a plan,
satisfactory to the City, aom to plish the s h
t"minote, In the e ant of suc
nation, [he Company shall, ,ithm a reesonabletime following demand by
the City, re er abandon the System and take such steps as are necessary
to render e eryportion of the System remaining within the Public rights -of -
way rf the City safe, d anshall thereupon be deemed to have abandoned stone
Cits
ientirety, and the smbecome ae shalt thereupon the sole property of the
City
''et—ket payment h the Company. ihi v hstanding the foregoing the City
may revoke the Franchise granted by this Ordinance at any time upon 365
days notice to Company.
SECTION 9. COMPLIANCE WITH CITY STATE AND FEDERAL LAWS
Notwithstanding any other provision of this Franchise to the contrary,
the Company shall at all times comply with all laws, trues and regulations of
the City of Longwood, he State of Florida and the federal government and any
administrative agencies thereof If any state or federal law, rule to regalatlon
shall require or permit the Company to pert— arty s vtce, prohibit the
Company from performing a onllict with the 'provisions of this
Franchise or affect, in any way, the provision of se s provided by the
Company, then, immediately following knowledge thereof, the Company shall
notify the City In writing of the point of mn flit believed to exist between such
state"
fi deral law, rule or regrltlion and this Franchise or any orh—ce,
rule, regulation to chapter provision of the City. If the City determines that
' a
material pro of this Franchise does in fact confhet wsu ith ch law, rrle or
regulation, it ahall have the right to unilaterally emend any pray of this
Franchise to such reasonable extent as may be necessary to carry out the full
intent and purpose of this Franchise
SECTION lU_ FAILURE TO ENFORCE FRANCHISE
The Company shall not be excused from complying with any of the terms
and conditions of this Ordinance by any fail,'' of the City, upon any one or
mares, to require the Company s perlu ma— or compliance with any
one or mme of such terms or wndiim—
SECTION 11. SEVERABILITY
If any part of this Ordinance Irbil be teetered u nstitutional or
,valid, the remaining provisions shall remain in full force and effect.
SECTION 12. EFFECTIVE DATE ACCEPTANCE
na )rQ11, 1,,11 , ", h p,n Ill �,. M111
Tto lan ,dud 0,w C I I >anY sl 1 OI c I h"I c o
the ,n,h sc , ,6 o as i ,IdIA on th, las. Pa-1
Ir , ♦ I60) I)endar 1 1 II,, lilIh
I l,,)y.IW
tnul ,Csud l "1"i, lmpn into heU , i_.�
� nn,«o,,, oI en1, o"aln„-��e_
SECTION 13. HEADINGS
lIl iings s f); dingy Chi _. „lv and
P,
SECTION,14, EXHIBITS
I l,bil A a(tl ( I nonce <te ti c Pml i loulc of h, 0-
FIRET
READIN Ih s "�� m r /j/,tw/✓ f d„„� _.... 11). 2000
SECOND READING t 1 11A]) 2000
RIVAL READING AND ADOPTION
1.D. 20D0
( l "I 1"0N0l 0011, 1 ORID I
/i
au! Loy-cstra„d, Mayor
_ 1il tl i
0—,ldfin, 1.1 wi, CI, Ch,lk
1'h0\,I,U 1I iO ON1 I 1 A-I'11 „ h, Is
i rchanc 1 r I',,)*RIf ,od, Flor I„ only.
J
ACC I;I'l ANCE OPI' ACCI IISI)BY.
Mct 7 a 1"ihe� N k tir:nir x ind and e�
N_ I l / I F I'd 1 t (iry
Con of [h. C a >f
he.�el e�cs Ne C i e [here) Srxn�ed.
'no,
It �ehia t+i 'a.twurl: Sc ii us, Inc.
f