[HISTORY: Adopted by the City Commission of the City of South Pasadena 8-19-1986 as Ord. No. 86-12. Amendments noted where applicable.]
The City of South Pasadena (hereinafter referred to as the "city") hereby grants to General Telephone Company of Florida, a Florida corporation, its successors and assigns (hereinafter referred to as "company"), the nonexclusive right to lay, erect, construct, operate and maintain in, on, upon or under any and all of the public streets, alleys, highways, waterways, bridges, easements and other public places of the city as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the city, or in such territory as may be hereafter added to, consolidated or annexed to the city, any and all such conduits, cables, poles, wires, supports and other structures as may be reasonably necessary for the construction, maintenance and operation of a telephone system for the public and private use of the inhabitants of the city, subject to the terms and conditions herein. This nonexclusive franchise shall be for a period of twenty (20) years from the effective date of this ordinance.
Upon all streets, avenues, alleys and public places of the city, the company shall have the right and privilege of constructing, operating and maintaining its system upon pole lines with open wire; provided, however, that this grant is made subject to the right of the city 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 city; to make such reasonable regulations affecting and governing the use of said streets, alleys, avenues and other public places by said company for its property and appliances as, in the opinion of the city and its governing body, the public necessity or reasonable convenience so requires, to demand the removal, reconstruction or relocation of such property and facilities and to approve the location and type of property or facilities as it pertains only to public safety and the aesthetics of the community. The company hereby agrees at its expense to cause the replacement of all paving, roads, sidewalks and other portions of public or private property disturbed or changed by the company in the installation of facilities, the making of repairs and every phase of the company's operation.
The company hereby covenants and agrees to hold the city completely harmless and to indemnify it from any and all liability, loss and damage of every nature whatsoever resulting from the company's operations and facilities of every nature whatsoever, including, but not limited to, the operation, placing and repair of the company'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 city.
The grant and franchise hereby given shall not be leased, assigned or otherwise voluntarily alienated or disposed of except with the express consent of the City Commission or other governing body of the City of South Pasadena to such lease, assignment or voluntary alienation or other disposition prior to the making of the same; provided, however, that nothing herein contained shall be so construed as to prohibit the said company from leasing, assigning or otherwise voluntarily alienating and transferring this grant and franchise in connection with the lease or sale of its entire system, or upon its merger and consolidation with any other corporation engaged in a similar business, nor to prohibit the pledging or mortgaging of such grant or franchise in connection with all or substantially all of the physical property owned and used by it in the operation of its telephone system for the purpose of securing payment of moneys borrowed by it.
Upon the annexation of any territory to the City of South Pasadena, the right, privilege and franchise hereby granted shall extend to the territory so annexed, and all facilities owned, maintained or operated by said company, located within the territory so annexed, upon any of the streets, alleys, avenues or other public places situate in such annexed territory, shall thereafter be subject to all the terms hereof.
Commencing on the effective date of this ordinance, the company, or its successors in interest, shall collect from its customers receiving local telephone service within the corporate limits of the city one percent (1%) of the local service charges collected from each customer and transmit the same to the city within thirty (30) days after the end of each calendar month. "Local service charges" shall mean those tariff charges approved by the Florida Public Service Commission and paid to the company by regular customers for access to the local telephone network for local exchange service, local private line services, installation charges and charges for customer station equipment.
In the event that the maximum franchise percentage authorized by the Florida Statutes shall be increased beyond the current value of one percent (1%) as set forth in F.S. § 337.401, the City Commission shall set the percentage of local service charges to be collected from customers receiving local telephone service within the corporate limits of the city.