HomeMy WebLinkAboutORDINANCE NO. 06-11-62 (2)� r City of Milton
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ORDINANCE NO. 06-11-62
ORDINANCE GRANTING PERMISSION AND CONSENT to BellSouth
Telecommunications, Inc. (hereafter referred to as "Company"), its successors, lessees
and assigns, to occupy the streets and public places of the City of Milton, Georgia,
(hereafter referred to as "City"), a municipality and political subdivision of the State of
Georgia, in constructing, maintaining, operating and extending poles, lines, cables,
equipment, and other apparatus for telecommunication services and for other purposes.
The permission and consent is provided by the City on a competitively neutral and
nondiscriminatory basis in accordance with the telecommunications Act of 1996, 47
U.S.C. 151 et seq.
SECTION I. Grant of Franchise.
The Mayor and City Council of the City of Milton (hereinafter referred to as the
"City") hereby ordain by the governing authority of the City that the authority, right,
permission and consent are hereby granted to Company, its successors, lessees and
assigns, for period of thirty five (35) years from the date of the Company's acceptance
.Ww hereof, to occupy and use the streets, alleys and public places of the City within the
present and future corporate limits of the City as from time to time the Company may
deem proper or necessary for the overhead or underground construction, maintenance,
operation, and extension of poles, towers, lines, wires, cables, conduits, insulators,
equipment, connections, and other apparatus (hereinafter referred collectively as the
"Company's Facilities") for the business and purpose of transmitting, using, supplying
and distributing telecommunication services and other purposes for which
telecommunication services may be or become useful or practicable for public or private
use, and to re-enter upon such streets, alleys and public places from time to time as the
Company may deem proper or necessary to perform these functions, and to cut and trim
trees and shrubbery when and where necessary, in the sole judgment of the Company, to
ensure safe and efficient service. Prior to doing such trimming for maintenance purposes,
the Company shall notify the City and allow the opportunity for the appropriate
representative from the City to review the proposed trimming in accordance with the City
Code of Milton. No such prior notice shall be required for service restoration as a result
of an emergency condition. All such trimming shall be done at the company's sole cost
and expense. The Company shall be responsible for any damage caused by such
trimming. It is expressly stipulated that this ordinance is a license for permissive use
only and the placing of public facilities upon public right-of-way, public road, or any
a... other city property pursuant to this ordinance shall not create or vest any property right to
the Company.
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SECTION II. Conditions.
Be it further ordained that the rights, permission and consents herein contained
are granted for the following considerations and upon the following terms and conditions:
1. The Company shall pay into the treasury of the City on or before the 301h day
following the end of each calendar quarter (April 30`h for the period January 1
through March 31; July 31 for the period April 1 through June 30; October 31
for the period July 1 through September 30; and January 31 for the period
October 1 through December 31), a sum of money equal to three percent (3%)
of recurring local service revenues, less uncollectibles, received by the
Company from subscribers located within the city limits based upon recurring
local service revenue collected during such calendar quarter. Recurring local
revenues shall mean: (i) monthly charges for local exchange service,
including (1) charges for additional listings and joint users; (2) the guarantee
portion of the charge for semi-public pay station services; and (3) charges for
local message rate service, including mobile service local messages; (ii)
charges for signaling, data transmission, remote metering and supervisory
control, whether both terminal points are within the City limits; (iii) all
charges for local private line services (except audio and video program
transmission service) where both terminals of private line area are within the
City limits).
2. The Company shall, in installing, constructing, maintaining, operating and
extending the Company's Facilities, submit and be subject to all lawful and
reasonable exercises of the police power by the City. Nothing contained
herein, however, shall require the Company to surrender or limit its property
rights created hereby without due process of law, including adequate
compensation, for any purpose at the instance of the City or for any purpose at
the instance of any other entity, private or governmental.
3. The Company shall be responsible for obtaining all permits, licenses or other
forms or approval or authorization necessary to construct, operate, maintain,
or repair its facilities or any part thereof, prior to the commencement of any
such activity. Construction, installation, and maintenance of the
telecommunications system shall be performed in a safe, thorough and reliable
manner using materials of good and durable quality. All equipment installed
by the Company for use of its facilities shall not unreasonably interfere with
the terms and conditions of this Franchise Ordinance and shall be located so
as to minimize the interference with the use of the Public Ways and the rights
and reasonable convenience of property owners who own property that
adjoins any such Public Way.
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SECTION III. Severabili
Be it further ordained that, in the event that any provision or portion of this
ordinance should for any reason be held void, invalid, or unenforceable for any reason by
any court of competent jurisdiction, such provision or portion shall be deemed a separate,
distinct and independent provision or portion, and such holding shall not affect the
validity of the remaining portions of this ordinance.
SECTION IV. Notice.
Be it further ordained that all notices under this ordinance shall be made in
writing and shall be delivered or sent by (a) first class, registered or certified mail,
postage prepaid, return receipt requested; (b) guaranteed overnight delivery (such as
Federal Express or United Parcel Service Next Day Air); or (c) hand delivery addressed
to the address of the party in question as set forth below or to such other addresses as
either party may designate by notice given pursuant to this Section. Notices shall be
effective upon receipt by the notified party.
Notices to Company:
BellSouth Telecommunications, Inc.
PPI" Attn: General Counsel, Georgia
1025 Lenox Park Boulevard
Suite 6C01
Atlanta, Georgia 30319-5309
Notices to the City:
City of Milton
Attn: City Manager
Transition Offices — CH2MHil1
115 Perimeter Center Place, NE
Suite 785
Atlanta, Georgia 30346
SECTION V. Effective Date.
Be it further ordained that the effective date of this ordinance shall be December
1, 2006.
SECTION VI. Conflicts.
„",„ Be it further ordained that, upon acceptance by Company of the terms and
conditions of this ordinance, all City laws and ordinances, and all agreements between
the parties, in conflict with this ordinance are repealed to the extent of such conflict.
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SECTION VIII. Filine.
Be it further ordained that the Company shall, within ninety (90) days from the
approval of this ordinance, file the Company's written acceptance of this franchise
granted in this ordinance with the Clerk of the City, so as to form a contract between the
Company and the City.
SECTION IX. Insurance.
Be it further ordained that the Company shall, throughout the term of this
Franchise Agreement, at its own cost and expense, maintain Comprehensive General
Liability Insurance and provide the City certificates of insurance designating the City and
its officers, boards, commissions, councils, elected officials, agenda and employees as
additional insureds and demonstrating that the Company has obtained the insurance
required in this Section. Such policy or policies shall be in the minimum amount of One
Million Dollars ($1,000,000.00) for bodily injury or death to any one person, and One
Million dollars ($1,000,000.00) for bodily injury or death or any two or more persons
resulting from one occurrence, and One Million Dollars ($1,000,000.00) for property
damage resulting from any one accident. Such policy or policies shall be non -cancelable
expect upon thirty (30) days' prior written notice to the City. The Company shall provide
workers' compensation coverage in accordance with applicable law. The Company shall
indemnify and hold harmless the City from any workers' compensation claims to which
the Company may become subject during the term of this agreement. Alternatively, and
in lieu of the foregoing insurance requirements, the Company may elect to self -insure
against all or some of the risks associated with the scope of work contained in this
ordinance if it can provide evidence of its ability to do so upon request.
SECTION X. Indemnification.
The company shall fully protect, indemnify, defend and hold harmless the City,
its officers, employees, and agents from and against any liability or claims resulting from
property damage or bodily injury (including accidental death) that arise out of the
Company's construction, or removal of the Company's Facilities, or resulting from the
installation, construction, or extension of the Company's Facilities, or conditions of
streets, alleys or public places resulting therefrom, for which the City would otherwise be
liable, including, but not limited to, reasonable attorneys' fees and costs, except to the
extent arising from the negligent acts of willful misconduct or omissions of the City,
provided that the City shall give the Company written notice of its obligation to
indemnify and defend the City within ten (10) business days of receipt of a claim or
action pursuant to this section. If the City determines that it is necessary for it to employ
separate counsel, the costs for such separate counsel shall be the responsibility of the city.
ADOPTED by the Mayor and Council of the City of Milton this 30th day of November,
2006.
5338635-1
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Bellsouth:
[NAME/TWE)
City of Milton:
Joe Lockwood, a
Approved as to Form:
Mark E. Scott, City Attorney
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FORM APPROVED
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ATfY
Ronald E. Frieson
[NAME/TITLE] President, Georgia Operations
twMuMs'aA6'tt--
katidne R. Marchiafava, City Clerk
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Aaron B vos, City Manager