Ordinance 98-1392ORIGINAL
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ORDINANCE N0. 98 -1392
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA
GRANTING TO METROPOLITAN FIRER SYSTEMS OF FLORIDA, 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
PRIVILEGES AND FRANCHISES MAY HE EXERCISED; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS a. City of Longwood (h ,,i afler refved to as the "City') exercises control
over pubs- ighrarof--way located within the limns of the City of Longwood; and
WHEREAS, MetropuDan Fier Synevts of Florida Inc., a Delaware corporation, a,th,,i A
to do business in the State ofFlodda (hereinafter referred to as the "Company') wishes to provide
fr Bre local [ranspott of voice, data and video tclewNbrencIng over a fiber optideowal network
as permitted by the Company's nate aM/or fdeml certification, except as provided in this
OMinence; and
WHEREAS, the Company hn requested p—issiov ft— the City to conlmcl, maintain
and operate ns co private wmmuniw bi system der and along the aforesaid right-ofway to provide
the aforesaid ,arnica,; and
WHEREAS, the use aforesaid nght-ofway to be —I by the Company are valuable public
properties acqu —1 maivtai d by the Cny at great expense to the City', tavpayers, end the right
b use said right-ofway is a valuable property right without which the Company would be requhed
to invest subnan W capital and property acquisition cons; and
WHEREAS, the City desires tv iruvre flat the aforesaid rights -of --way used by the Company
.il bwd and promptly re —d to a safe and swore condition w protect the health, safety and
waif ofthe City"'itimn.
IT IS HEREBY ENACTED BY THE CITY OF LONGWOOD AS FOLLOWS:
SECTIONI DEP[NiTIONS
For Ise purposes ofd OMnrvMe,the lbNwingrams, plusses, words, aM thew derivations
shall have the meaning given herein When cat ffi—inept wnh the aontett, words used in the
present tense include the future, words iv the plural include the singuim, nn words is the singular
include the plural. The word ",half' is always mandatory and not merely d'vectory.
A. City"means the City ofLongwood,Florida, a municipal corporation organzed and
existing nId, the laws oftb, State ofFb,id,.
B. `City L.nite me .,ft mcorpomted limits ofth, City.
C. "Company" means the Metropolitan Fiber Systems of Flonda, Inc., a corporation
organized and existing md,, the laws of the State of Delaware, or its affiliate.
D. 'Tewo"rrxans any person, firm, partnership, assoclatfon, corporation, tympany or
otgawation of any ),W.
E. 'Right-IFway" ot'Cay, tight -If mean laud dedicated, deeded, used, or to be
used fora street,.11,, walkway, boulevard. Pub0c ntiutx drainage futility, — It, ingress and
tgrass, or other peep— by the publit, governing bodies, The City of IAngwtod, or certain
designated mdi\dduals.
F. 'Tubfic Service Commissi-" or "PSC" means Ilw agency charged with [he powers
and duti cow rted upon it by Chapter 3ttL Florida Statures, to regumte [elecommunicatiors
companies end their facilities.
SECTION 2GRANT OF F CR18 : TERM LIMITATIONS
A. The City hemby gams to the Company dw non-exclusive right, prI*p and franchise
r, opaata and meinmiI under the public rights -of -way ofthe City, as they now exist or
may hetresfter tig within the present limits of the City, o otherwise Ii,Iited by law mh
emitory as may be hereafter added to, cormlidated or annexed to the City, any aM a1I such conduits,
tables s, aM other wt— arM appurt muy be rea—bly necessary for the
cocoon, maintenawe er,d opea[ion If. pti— wcrmnum'eation system in the City ofLongwood
for the ptoviswn of local private telewmmaucation servwes (harem ilt, rd and to as the "Systertf )
to be r by the Corupany and to provide m itsalfand others the local tanspott of voice, data and
video telecorSererwing over a hbet opti4<oa W trelwotir as pI—itted by the Company's Hate atM/or
federal certifications, subject to the terns, conditions and exceptiom contained herein.
B- Thls twncxelusiw Fanchise goofed by the City to the Company shall be f,, a Period
If
fifteen (15) years from the eRecave date of this Ordutmwe. If the terms end wudltlons of rbis
ordina cepted m ting by Company wi[hm sixty (60) calendar days after it, final
passage by City Com ,is then such Ordirarwe shall bewme Doll and void'm its enfnety.
C. Neither [his Ordhin whole,I, any of its parts, Portions It w ms, shall be
navrred as granting or intending w Gam to the Cornparry, franchise to se the City', rights -of --way
or the System, or any pottion of the System therein, for cable telerision, including, bat not limited
tact ve and Pay -per -view television, or for any other uses not specified herein; but nothing
hetelneshall preclude the Company from w ,,,I into a o,ldedt for the use of any portion of the
sy,rem whhazryn, bturn, parmersbip m- rorporatift providedthat said person, fmn, partnership
or wrpnmtlon firs[ obtains an appropriate franchise from the City-
c:kffice\wpwin\wpdtcs1tl92oN.98 Rev�setl. y . 1998 e _
D. The Compmy shall trot enter into a t I—ni numcation Rmddse agreement with
volasiin, Semitwk, Change or Osceola Coundes or Cities rherein whbh provides the finnchiror with
re favorable economically comparable terms thin provided to the City of Longweod under this
Iianehlee. In the event that the Company enters mw a teleeommnoicatiore limchiseagre It m
prombhed hereina w. then the City and the Company mutually agree that City, at it, optbv, may
fonhwVhdeciare a forfeiture and --till of and revoke and cancel all rights granted Ind'""'
Franchise. In the event ofsucb terznlnatlo,t the rights of the parties shall be governed as provided
in Section g. herein
E. [n accepting Otis Rmchise, the CoaryanY agrees to bury wdergmwd any and all such
ronduhs, fiber optic cables, wires and other similar mifides installed or located anywhere whhin-
City on pubik or private property, Col tho wrtatruction, maintenance and opemion of the System,
ii, the Company obtains a written waiver nfthi, n quir nr film the City Cortvnasion or has
n previously issued city peanut. The Campmy shall not be required W bury underground controlled
mnenW cabinets, p,&e thh, pare -gam devices, ro—ini —or r,,nnh. provided that said
devi es shall have the bwest profile alloweJ by techno]ogy.
F. Nothi
ng in this O,ditarrce ahag be cons W—di,, —di,, by the City of its right or
power to pass ord'meaces rcpiinting the use of its righn.of way.
BECTION3 N 18E EEB A DITB INBEE TION O RE ORD9
A. Commencing nn the eff-ive dare ofthn Ordinaoce, the Company shall pay q-1y
(on the Chy's fiscal yen, basis) to the City as consideration for the grant of tfia Franchise, a sum of
oney equal to ooe percent (1%) fin, gross receipts on reeturing local service revenues de,ived
during each quarter firm urvices provided within the City Limits by the Company, ail as prescribed
in Section 337,401 (3). Florida Statutes. "Local service revenues" are defined as all revenues
eceived by tie Company it,, its cuss - in, pmvidiny the bxl itatvspon of Inca, data and video
signak asprovided in this Ordinance and as provided by law.
B. Within thirty (30) calendar days after the dose of each fiscal quarter, the Company
shall pay the frmohite fie as provided in Section 3.A. and file, with the City',, D-vector of Finnic,
a statement, signed by nn authorized accounting or financial represe a of tle Company. oflhe
gro aeipts urring bcW sea as derived in the preceding yunrter, Acceptance of
arrysfrarehise fee pa3ment shall ant be deemedea waiver or release of my claim the City may have for
additional scars, nor be construed as m aaord that the emomt paid I, wmxt.
C. Ifsuchconsidemtion ¢not received by the City within such period, the Company shall
pay imerert on any such unpaW portbntlwreofet tle razeofeigMeen percent (I S%) per annum Rom
the fvst day a,,, 1 pay -period-1 paid to tbe City. and Ile Company,ball,eimb,m the City
for the ac ual acid reasonable o of pocket s of the City, including reasonable a omey lees
associated wXhcolkcting my sums ofrrwney tte Company is required to remit to the City pu,stant
ro this Oldiha—
0. 'the sums of money to 1 e paid by the Company to the City under this Section me
ompensation and consideration Jb the use by the Company of the City's eights-nf--way fr the
cunsWction, maintenance and operation of the System and ace not taxes, as allowed by the Florida
Cumulation, the general I, special laws of the State of Florida or any other ordinances of the City.
The Company shall at all tb—i continue W be subject w public service taxes, charges or fees as may
be tawfWly authorzed by dre Florida Constitution, the general or special laws fthe State of Florida,
the provisions of the Municipal Home Rule Powers Act (Chapter 166, Florida Statutes) or the
ordinances fthe City.
E. In the event the rtaximum fxhise fee a.th tU d by the laws ofthe State of Florida
shall be increased be W the curtest amount of,w percent U%) fthe pros ceipts rtfg
local service revenues as pcemribed'm Sectiov 337.401 of the Florida Statutes, the City sbad be
avtho'¢ed to Ibil ally amend this Ordirarwe and prospectively (from the effective date of such
change in the laws of the State of Florida) inc ases the franchise f provided foe herein to fe
um franchise f amhofved by tin laws ofth, SmteofFlonda provided War the City increases
We franchise fs for compaWes offering similar =vices by an equal percentage.
Rather, N the evem the niax'nnum frarehice f audnmed by the laws ofthe State of Florida
shall be tt_' d heyocM the mrtent amount of— percent (1%) or efimmated f Ile entfrely,'he
City shall abate rally amend thk Ordinance bb l prospectively (from tM effective date of—h change
m the IbIbtIitb offt State ofFl,dh) decrease or a ituirate the franchise fee provided foe herein to the
um franchise£ autM (if any) by the laws of the State of Florida, provided that the City
deor sees or eliminates the frurwhise fee for wmpmies fring similar services by an equal
percentage.
R The Company, and it agents and —id, c rs shall make available far
on by LL City or it,authorized teprese or V-1, during WI-1 baei ss hours, the
books, 7,,blt and accounts and other documentation of the Company (hereinafter collectively
refined m a9IM"deports") that, as deternm i by the City, are necessary W &I rrvne the accuracy
If the g'o eceipts wing total se s upon which the franchise fee paymentis
(aced, and sM1 11 pmcut thx City, or its md,,iwd representative oc agen to make and remove copies
If the Reports, including computer printouts o, other data of cue.—, Mtge. In the event the
Reports are rot aveilabk to the City for exarrvvazion in the City Limits, the Company shall rei bum
the City for the reasonable travel expense of the City's representative restating from said
eepreumative s travel to the location where the Reports are malntained and shall permit We City w
make and remove copies of the Reports, including computer printouts or other data of ennome'
billings. Upon tequest by the City, or it dceiVIbM c Wmbtative, the Company shall provide a copy
ofany amuel report filed wild the PSC acW a wpy ofA telephone "xv 'epnrts required to be filed
with the PSC. The City, or its designated r,prose Win shall have We tight durwg the fife ofthls
Franchise w exa 1 the Reports; provided, however, that the Company sbell be obligated W
hs hilWig records only f r the ,nnd IN-requred by the PSC (ar its successor agency,
m tha—It We Company nv longer subject to Wejurkdictiun ofthe PSC, fOr the period ftime
re ibIJ by the City) and that any examination conducted after such period shall M confined to the
bWing records then available. No Inter than thhty (30) days after the roq.A of the Cit , or its
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representative, the Company ,h"I supply to the City, a copy fthe Reports. Such copy shall be in
the media requested by the City provided that it is economical and practical t'or the Company to do
so; no to shall paper copies ofrequested doe aeme nn be ded un cal or
iugamcticag af The City agrees to keep all docunwntstion and repons confideminl, except, otherwise
provided by Florida law.
G. In 0te event the law chovges to allow franchise fees other than specifically provided
for harem, then the City and tix Conryony agree to negotia mendmeto this Franchise or u um
Fmvchise to allow the City to impos such new franchise fees an the Compatry, provided such fees
aze competitivcty neutral and nondiscriminatory.
SECTION). USE OF TUE QTX'l RI HT F W Y: CONSTRUCTION
HE SYSTEM A CESS Y IT .
A. Prior m the ktzauation, placement or removal of— conduits, cables, structures, or
the star of any other type of conswe[ion, the Company shall, Pursoent to the r qu'vemeuts of
sting or subsequently oraeted City Ordinances, obtaiv all permits from, and pay ell f s to, the
City. Said pemsrts slcu i sct out the place, date and time where the conduits, cables, or other form of
to be'vne0tcL or re[mved or wF�e the coruwction is to be conducted. All permit
applicetio s submitted by the Company shall contain plans showing 1,cu n utility facilities and
_fficat ns prepared by a qualified eugi—AccFu icin ,and letters of no conflict., provided by
other utilities having facilities located where the Comparry dcsue to place it, cMui, cables
snoctwas. 'Ilya Company will not asap tuts exitterce ot'any vested rights ifthe City issues a.amour
FtvNer, issuance ofe permit by the Ci[y shall not he construed by the Company as a warranty that
applicable roles, a gumtbns or Isws, or that the location is foe ofcontlictiug utilities or other public
facilities.
B. Any type cfeotvswcticn sop ,cd by the Company shall be subject to the City Code
end other regulations peuainmg thereto and all other appticable state and federal laws which ere in
effect at the time of permit application, awl shell be performed with the least possible intcdcrence
wab the use ofthe Public rigl .f-way a to adphing pmperty owners and in compliauce with the
rules I regulations ofd c Floridn Departmem oFTrensFwrtation.
C. AM wndW c cables or swctures insralkd or plat d ift., f having obtained the
permits lereinbefore provided for slag be mmw oved by the Company within thirty (30) days ritten
notice by Ibe city"e the same and in default ofcompliance with such no ce, fe conduit
cables or sutrctures maybe removed by the Dc s nnern ofNblic Works ofthe City or its agents and
the tort of removal ,ball be bona and paid by the Co,,—,.
D. In the event that work to be conducted by the Compmry requires streets or unfit lanes
o be closed o obstruc[M, the Company shall, porsuant to the regovcments of existing o
subsequen[tyetacted City Ordru—, obtem ull permits fora and pay all fees therefor to the City, and
shall obtain all ....oval of its nucintenaneo-cf-trafic plan from [he Chy'CmfA En, ineer.
E. In the event the Company desires to trim or remove arty trees reasonably necessary
to comtruct any p.i o of the system anmaintain d to the integrity sod safety of. it shall,
pursuant to the rerimmoonts of existing or subsequently enacted City Ordinances, at Company's
expense, cote, all applicable pemum from and pay all applicable fees to, the City, sod comply with
all other c uv ormts vfsaid midinso—,
F. The Company shall not in any way dsplocs. darage or destroy am sewer, water main,
for.
r. main, pipe or any otber fcilltfes belonging to the City, or Io any third party who placed such
frcilkies i"'m by eapmss authority Mir, City, whhmd the wnscnt ofthe City and the third party,
and the Company shall bn liable to the City or to the third party owner. as the case may be, for the
cost
of any repairs made necessary by any such displacement, damage or destruction and,,Mi pay
such coats upoo demand.
G. The Company shall, et ps own wst, replace end repair without delay any of the City
riphtsof-way that has been excavated, broken, removed, displaced or disarranged by the Company
m the conduct of its and operation of n any potti ofthe System or as s
salt ofthe de mostim, o£any portion ofthe System, and restore the same to as grad a condition
a exiaed prier, to the Company commencing its work, and upon failure cfthe Company to do so
after twenty (20) days written notice by the City, the City may make such mpa'us cod mplaeements
u it deems reasonably necessary, and the Compary shall pay the City all carts of such repairs and
replacements. The Company, shall, to the sativfction of the City, maintain any ropnlrs it makes
porsr- to this Seotloo for a puiod oft wo (2) yeas following the date osuch repair.
H. The Company shall us all proper and reasonnby care In wnvectinv with any work
which it may do in the City end seek to prevent harm, damage or injury to persons or property
therefrom.
I. The Company shall produce sod maintan complete set of"as built" pimrs, including,
but not limited te, horaontai and vertical profiles, within thirty (30) days after n ofsny
portion of the System; comply with all applicable laws, regulations and codes pro olg tad for the
protection 0f the public, ivcWding, but wt limited to, the NotiotW Electrical Code, the National
Eiecvitm Safety Code, the Florida Depantnent ofT,,ortotion Utilities Accommodation Gnide,
the State of Florida Manual of Ummom M osm. Smodtods for Design Constmction sod
Jvf,tenase fr strew ordl Highways, cord such other design or mg di manuals which regulate
the,stallation of structures within Public rights -of —y arM/or utility easemcots; make said plans
available to the City with, forty-five (45) days after cpnrtructicn ofany portion oftm, system; and
become s member cfand mamtam membership, a utility noti5catim, on -call system.
7. ExceptnanemugetmY,tM+Company shag witlm on hundred eighty (180)days after
ceipt of.n ce from the City, odjus , alter orrelo< , at its own cost and expense any
portion oftks System m tho nt the City determines that such adjustmem, alteretiov or oric—ton
is xeaety for the City's use ofits property end rishi—f way, for the abandonment or vacating of
any City utility ease t property or rights -of -way, or if sane oomosorrable interferes whh the
r—runt, safe 0r cora,uous use. or the vuintem c" improvement, extension or expansion of any
c:mrtwtww�mwaaa,tis9a"m.9a Rerxa. y .i99e as
Public rights-ofway m the City. 1, the event such adjm—ni, alteration or celoca[ion Is incidental
work to be done by the City m s City road, such notice shall be given sixty (60) days prior to the
n[ oCm,,h work by the City, to the evem such a contingency occurs wd the Compwy
fads to cause do rre aforemenCad ndjustmcnt, ifteratim or einei-, required herein. tM City shall
provde the Company widr a wrhtm entice aM order aM fifteen (15) days therefinm wless extended
by the City, ifthr Company has not complied with said order, the City may remove such portion of
the System and the total con and expense therefore shall be charged to the Company.
K. In the event the City requ"ves the Company to adaptor conform any portion ofthe
System, or in anyway to alter, temporar
ily or pe--tly celocate or m change any portion of sane
arable any person other than a govemmenlal agency to use rig� —f--way of the City, the Company
shall be ,hb—M by the person desiring or—miorwtg such change for any loss. cost or expense
caused by or arising out of such ebwge, alteration or relocation o[wy portion ofthe System.
L. in im rtcergeecy, as detesmired m the sale wd exclus ve disc n ofthe City, when
the Company or i4 rap,,',ti,, is immediately—ilabie or wAl, to provide the necessmy
immedvtere, '�to arty w iwofthe System that is dt—a d or.1flmctionmg or to any fanits or
settled or sunken area that may develop in my ar and or edj—t w same, the City, when
appr d ofsuch an e—g—y, shad have the right, b,it no the obligating to mike the 1pays with
Iha total cost of same being,1-9,d to the Company.
M. In m e""" to minimize the number of facilities within the City" eights -of --way, the
disruption often and madway de moo, the Company shall emer into joint use agreements with
dre Cityand other parties who me expressly authorized by the City to use its rightofway provided
such agreements are satisfactory to the Compwy. Nothing herein wm road shall mandate that the
Company eater i to joint u,e agreements.
N. In accepting [his FrwcA , the Compwy.1—,wIedges that w ail times during the
teem ofthi Franchise, its rights shall be s 1,*tto all lawful exercise of the police power by the City,
and it, such reasortable regulation of its Public rights -of -way and mility easements as the City shall
hereafter by re,otuti ordinance provide in the interest o£IM health, safety wd welf l of the
pmbt, My mm,irtency oc ambiguity between the provisions of this Ordinance wd any lawful
axe kc of We City', ppliccpower shall be resolvedm favor ofthe City's police po—.
0. The Company shall maintain wd operate all pans of the .system in good, saf wd
operable wndition am shall render edrelent service in aocordmu with the rule, wd regulations as
ay be, ,et frith by the Public Servtae Commtsvm of [Ire State of Florida, er by othes
agencies ofihe state lawfully empowered to regulate the Wivitias of the Company.
P. n, tbt my sha0 provide wit- mtffl mim to the City Gngin— of all work dom
within the City limits including .,it done within county end state right—f--way.
SECTION 5 ASSIGNMENT
The Franchise hereby grwrted shall not be leased, sold, assigned or otherwise trans@md,
alk�ted or disp'sed'fexcept wish the prio expres rof the City C.—n mn fthe
City, which shall nor be uraeasonably whhhdd or unduly delayed
SECTION-(L. INSURANCE
A, During the life of this F—hire the Company shell provide, pay far and maintain
.isfltory to the City the types'finsurance described herein. A11 inswance shall be from responsible
comps duly autlwrimd rod' businessti the Sure of Florida aM having a financial rating in Hest',,
Insurance Oulde of R+ Class VI or better end a claims paying ability rafh\g of A+or better. All
lit by h shell provide that the City is an additional insured as to the opereflore under thk
Franchise.
TThe required wvetages must be evidencedby properly executed ChI i.tes'fln.p y.
forms. The Cenificar must be signed by the authorized represe a ofthe inswarse company.
Thaty (30)days ali-m writtennotice by-I.ai edorc, plid ' must ' given tothe City of
any ca cellatio or ti, c m the policy coverages The Certificate of
Insvrwrce must mdicem the (]tyres an additional mswed.
R. The limit of coverage oflnsaranoe req,h shall tmt be kss than the following:
(i) Worker's Compensation aM Empolyer's
Liability Ir�surarice
Worker's Campensation-Florida Statutory
Requirements
Empotyer's LlabLty-$500,000 limit each uddent
$500,000 disease - policy limit
$500.0W disease each employee
C) Comprehensive General Llebi0ry
Bodily injury aM property da,nage $5,W0,000 combined
Single lirrir each occurrence
(ii) Auromobile Liability
Bodily injury and properly damage $5,000,000 combined
Single limit each accident
SECTION'/. INDEMNIFICATION
The Company ehe0 iodemNfy erd hold the City and hs Iffi—s, directors, agwts, servvrcs,
empl'yees successors, —i assign hanNess'fend 6om any end all claims for personal injury, death
or property damage, any other losses, damages, charges or expenses, including anomeys' fees,
waness fs, co mandthe rewonebk value ofy services rendered by any of — I,enWloyee
'lrhe City, a any'Hera, judgemeom or decree, whxh may beeW—d which arise o we auIged
c.\o wp wp \1392«d.98 ReviseJ. ry 1998 Pg.B
0 hav of, N section with or aft 3utini to, the Company's activities under this
Frmxivse aM the placement, re ,relater Duel by the Company, its ages
,fumy portion oft' Sy—, excepting only thou clai...... lting Rum the gross negligmtce Tin
Cil, The Company shall urrdenake et its own expense the de= of any action which may'
brought eIn- the City for Barrages, injunctive relief or for any other cause of action arising or
el w to have arisen out of, in connection with or ottnbutabk to, the foregoing lid, in the event any
final judgement therein should be rendered agalnal the City resulting Rom the fbregoing, the
Company shall pro"nly pay in final judgement together with all costs and itio-9 relating thereto;
the Company being allowed, however, mr appeal or appeals to Inappropriate coup or coups Rom
,'judgement rendered io any such suit or action upon the filing of such supersedeaz bond as shell
'requhed to pre — k, or judgement against t' City during such appeal or appeals. T' Citys'0 timety notify the Company of vny claim or sea for which the City will require the Company to
mdenwify the City.
SECTION& TERMINATION
to t'eventd Company(1) viotata any ofthe material provisions ufthis Ord'vance, unless
such violation=,, Gom a cause beyond the Company's coniro4 (ii) shall aerie to operate t'
System w the City for any wnucutive period of 180 days daring the In fthis Franchise, ercept
for causes beyond the Company's conhof ar (hi) is precluded by govemmentvl authority from
charging t' ffanchiu fee provided is this Ordice and it provides the City witb
e of its desire to to Nis flamohise, 'bairn City, s[ Its oprioq they forthwith written vatic '
dwlama tha, Nie and termination of, mtd tevoke aM cancel all rights granted th, C this Fmnchvse,
provided But prior to such temunation by t' Cay resulting Rom a violation by the Company of arty
of the pro— alibis Ordinance, the Company sd d—fi ing ti by [ti city wi[h a written novice
setting firth ell matters pertirent to such.iolation and describing t' action of the City with respm
thereto The Company shall have s -- p"' days islet urvoe of such.0tioe within wldeh to c 1.
the violation or 'a nli which m present a plea satisfactory to the City, to acll—log h the same. In
In event ofsuch b,,d,,tion the Company shag within a reasonable time following demand by the
fiy'y m or aimndon the System end take such steps as are necessary h render every pans.. of
the Systemo mining widdn t' Publicood tlo Qw ofthe City safe, and sill thereupon' deemed
City ethoot redsamt wits entirety,arrd Nesameshallthereupon become,' sole propertyof[he
City without nd by t m the Company. Norwit'tandln5 the foregoing, t' Clry may eevoke t'
Frarrehisa granted M this ONawnce at any love upon 365 days notice to Company.
SECTIONS COMPLIANCE WIT W'
Notwghstatdhrg any other provision of this Franchise to the contrary, the Company.shall of
all [irrces comply with ell laws, rules and regulations of the Cay oflongwood, the State ] I., silo
and g ioo i government and any adrtdnisuntive agencies ['reoC. Ifany slate or federal law, rule
r regWation situ& requva or permit Ne Cornpany ft perform wry urvin prohibit the Company from
performing a urvrce wrdliat whh the provisions ufthis Franchise or aRecr, in any way, the prov
ofurvices provided by t' Company, them immediatety following knowledge thereof, the Company
it'll redly the City m writing ofth,, point of 0on0ict believed to exi,o between such slate or &dent
c:bifice\wpw�n\wpdas\iJ93ord.9A Revised. y_ ,1998 Pg.9
law, rule or regW lion and this Franchise or any ordinance, rule, regulation or chapter provision of
the City. If the City determines that a maleriW provision of this Franchise does m fact conflict xith
such law, role or regulation, it slab have the right to unilaterally amend any provision of this
F.ar to ueh reasonable extent os may be necessary to -It the full intent and purpose of
this Franchise.
SECTION 10 FAILURE TO ENFORCE FRANCHISE
The Company slatI not be excused f— —plying with any ofthe temu and conditions of
this Ordinane by any fid—ofthe City, upon any one or more occasions, to require the Company s
perfomance or compliance with any one or more of such terms or conditions.
SECTION IL SEVERABILITY
If any part of this Ordinartcc shall be declared uncoretitutioral or invalid, the remaining
provisions shall remain N full force and et£ t.
SECTION 12. EFFECTIVE DATE: ACCEPTANCE
This Ordirence shall take effect immediately upon its passage and eracttnem into law,
pto,.,i Bat the Corrgmnyshallsignify itsllimy(60)oIthe Fr anchisehereby granted, Odi or
as provided on the last y C hereto, within sixty f calendar days from the date thu Ordinance is
duty enacted by the City Commission It
City ofLengwfft the Company's —pi—tanw. said
Franchise being a condition precedent to the [eking ePrect ofthe provtstora ofthis Ordnance.
SECTION Ia. HEADINGS
All headings in this Orditan II, ins—d for cowemence oIiy and shall trot aff t the
constructma or interpretation ofthis Ordnance.
SECTION 14 EXHIBITS
Exhibit A ofthis Ordnance depicts the propsed route of the fiber optic cable within the city
limits.
FIRST READING this Ld4-day of A.D..11S
SECOND READING this/ /-r/.day of `-tp i ,A.D. IM
FINAL READING AND ADOPTION tHi ((l//J.�'t-day of ,A.D. I
(I 1 y 'W f 01OVOly"t, IA ljlzlll I
cZ,7s (, mffi, Im "I"',
Geraldine Znlbri, City G'le"ck
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AGF\DA IUM011"I'l!M
FOR: Jnoe 1, IM
T'O: HONORABLE MAYOR -D MY CONMYSMON
DATE: M1y1, 19W
't Bar,
�amescl f Jtise to u 1 bh,'eheoa£- lo,M-tropolita I b `. m.
o! Florida- Inc fat fiber o�tie cables
RLCOMM[!NDAl'ION:
I cem dhtt the CitC rorid l: -adinu ofO 1h,-9R-1392 tnie i, 199&
ands hl 1. egnd rid 1li_iuvin(ne I5.149B.
L XPLANATlO N/BACKG R011 ND:
The ai 11 Mexropol 1113 t I Fl -dR. Inca prof uct fbc' l is enbles
v,Pu Itv,t,tv3'xhnh, tiv 11 ,l nt han-u+Il11»i,m 11 li nd ,,,,Hark.
Maitl .tnd hl cc Spy-±y A Mary — t 1,1 a" �a
pcopo' I( I good 1 F. �wit;ed by l bnmw 331401 (3) i '. 1 ppGcent i 1 11 C R
nep (I r)o_'tvt *. Pts antu. louirary u. sd—,d tlu' �'di quaru
form �i.es VrovideA within the pity Gmils
'ITc( U.11—'a'ec it,ou.uy ('' eofl it hl of.w�y- ipy of the
ONn 98-1392,e d h,a—hne is ntlarh �t r,icv.-
FROG—M IMPACT:
NAP
FISCAL IMPACT:
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