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Home My WebLink AboutORD 5996 AMEND CODE KMC SOUTHEAST CORP Augusta Richmond GA DOCUMENT NAME: Q- \C\q~- 511Le. DOCUMENT TYPE: D'(o..\'('OflCe YEAR: ctb BOX NUMBER: 0-\ FILE NUMBER: \ tJ.-\~ ~ NUMBER OF PAGES: '1 1- ' , . ORDINANCE NO. 5f9C AN ORDINANCE TO AMEND ORDINANCE NO. 5801 WHICH GRANTS A FRANCHISE TO KMC SOUTHEAST CORP. FOR FIBER OPTIC TRANSMISSION CABLE SO AS TO REVISE THE CONSIDERATION PROVIDED FOR THE FRANCHISE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY.~OF"SAME AS FOLLOWS: ....... Section 1. Ordinance No. 5881, adopted by the City .-r'" Council of Augusta November 6, 1995, is hereby a.~~n8ed#-DY deleting Section 1 (7) thereof in its entirety and substituting therefore the following: (7) Gross Receipts shall mean monthly recurring revenues from subscribers for local telephone services provided in Augusta, in each case excluding (i) penalty or other fees received for late payments or canceled checks, (ii) revenues received from advertising, (iii) taxes, fees, assessments or similar charges collected by the Grantee on behalf of any governmental agency (including without limitation the franchise fees collected pursuant to Section 2), (iv) installation, connection, disconnection or other non-recurring fees charged to subscribers, (v) all revenues from equipment sold, leased or rented to subscribers upon subscribers' premises; (vi) all toll and long distance revenues (whether Interlata, Intralata or 1 ; , . c' international) and (vii) all revenues related to Internet content. Section 2. Ordinance No. 5801, adopted by the City Council of Augusta November 6, 1995, is hereby amended by deleting Section 2 thereof in its entirety and substituting therefor the following: The grant of the right, privilege and franchise under this Ordinance has been determined to be in the best interest of the citizens of Augusta and shall be in accordance with the terms and conditions set forth herein. The Grantee shall annually pay to Augusta a fee of three percent (3%) of gross receipts as defined in this Agreement. Said annual fee shall, for each year of the term of this Franchise Agreement, be paid quarterly with each quarterly payment becoming due wi thin 30 days of the end of each of the months of March, June, September and December hereafter. Within 60 days of the end of each December, the Grantee shall also file a sworn statement executed under oath by the Grantee's independent certified public accountant and by Grantee's chief executive officer which shall 2 ,I . ." , , certify the amount of the gross receipts, uncollectible accounts and the Franchise fee for the previous calendar year. All Franchise payments or fees provided herein and the sworn statement referred to above shall be considered delinquent if not delivered to Augusta within ten (10) days of the due date as specified herein and shall be subject to penalty at the rate of one and one-half percent (1-1/2%) of all amounts due per calendar month or any portion thereof in which the payment of such amount remains delinquent. In the event any such delinquent fees are collected through the services of an attorney, Grantee shall pay, in addition thereto, all costs of collection including attorney's fees in the amount of 15 percent of the amount due at the time of making the collection. Notwithstanding the foregoing, the Grantee agrees that with respect to its Telecommunications System, it will agree to modify the basis upon which franchise fees for telecommunications services are determined if the Commission takes action to modify the 3 .- basis upon which the franchise fees for the other local exchange carriers in Augusta are determined. As further consideration for this Franchise, the Grantee agrees to irrevocably dedicate to Augusta, at no charge, six (6) Dark Fibers in the Grantee's Fiber Optic Network for Augusta's internal communications, provided, however, that such fibers shall not be used by Augusta for commercial resale on a for-profit basis. Section 3. All other Sections, terms, conditions and provisions of said Ordinance No. 5801 shall remain in full force and effect. Section 4. This ordinance shall become effective upon adoption. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Duly adopted this to day of f)~LlI ~ day ,?f J~4.~r ,1998. 1998 and this dr!tl~$LU M 4 ThiJ docuR1enl approved as C;l:[ienctjjriJ "rm. ~rl fr' 1;~~g~!!~~"I_.1.1~1(~~"~"lr,~~l~.. Willis of New York, Inc. ONLY AND CONFERS NO 'RIGHTS, UPON THE CERTIFICATE 7 Hanover Square HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR New York NY 1 0004-2594 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 1212) 344-8888 CQMPANIES AFFORDING COVERAGE 20281-001 (NEWY) COMPANY Federal Insurance Company A 22713-001 (NEWY) COMPANY Insurance Company of North America B 20346-001 (NEWY) COMPANY Pacific Indemnity Company C Chubb Custom Market Inc. Diana J. Lue INSURED KMC Telecom Inc. 1545 Route 206 Suite 300 Bedminster NJ 07921-2567 is TO CERTIFY THAT THE POLICiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co LTR TYPE OF INS,URAN12E POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDfYY) DATE (MM/DDfYY) LIMITS A GENERAL LIABILITY 371 081 61 COMMERCIAL GENERAL LIABILITY CLAIMS MADE [!] OCCUR OWNER'S & CONTRACTOR'S PROT 01-MAR-2000 01-MAR-2001 GENERAL AGGREGATE PRODUCTS-COMP OP AGG PERSONAL & ADV INJURY 2,000,000 1,000,000 1,000,000 1,000,000 100,000 10,000 1,000,000 A AUTOMOBILE LIABILITY 73238178 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON.QWNED AUT~ 01-MAR-2000 01-MAR-2001 COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ A EXCESS LIABILITY B X UMBRELLA FORM OTHER THAN UMBRELLA FORM 79670782 LXG19541320 01-MAR-2000 01-MAR-2001 01-MAR-2000 01-MAR-2001 EACH OCCURRENCE AGGREGATE GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT OTHER THAN AUTO ONLY: C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY _ _ _ ' THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: 71637269 01-MAR-2000 01-MAR-2001 X INCL EXCL EL DISEASE-POLICY LIMIT EL DISEASE-EAEMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS SEE ATTACHED #tRiifflpKte.:Jjgijpiji(! . . ......... .. ...,.............................. ................................ nli~NcEttAfiONf:: .. .............. ..................... ......................................................................................... H'HHHHHHJH"HH , , ::AOORtf'25;S( :res:)):::::::: ..........,.....,..... . . . . . . . . . . . . . . . . . . . ................. ::::::::(OLULEiiAlWCSQ1\/:::( ,...... . ' ........................................................ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION. OR LIABILITY ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES, ED REPRESENTATIVE~ , ," .', o.m.~, ~ACORD CORPORAtION 1988 ' , The City Council of Augusta, Attn: Clerk of Council Augusta-Richmond County Municipal Building 530 Greene Street Augusta GA 30911 .....................,.., ........................ ................... ..... I:: Wlllis."......,:':,,~'lmJIi!J~~~1 ml.,:II~,IUII'I'~I...... ':'::::,:F.t4G~':' 2:o.ff2,::::f::: ISSU~~~~_~~~Y) THIS/CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO.RIGHTS, UPON THE CER IFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 108927 INSURED KMC Telecom Inc. 1545 Route 206 Suite 300 Bedminster PRODUCER Willis of New York, Inc. 7 Hanover Square New York NY 10004-2594 (212) 344-8888 NJ 07921-2567 Diana J, Lue THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS It is agreed that the following entities are included .as Additional Insured(s) on 1:h-e--Geheral Liabnity~Umbrella L;-ability and Exces's'-Umb'rella Liability policies. but only with respect to their liabilities arising o~t of the Named Insured's operations: Additional Insured: Augusta-Richmond County Commission-Council (as successor to The City Council of Augusta. Georgia) and its mayor-chairman. officers. agents. employees. and all other elected or appointed representatives including Commission-Council members Re: Ordinance No. 5801 Franchise to install. maintain and operate a fiber optic cable for transmission of telephonic data and other electronic messages ~~nf.~gAIEhi6tjjEfi: ....................... . . . . . . , . . . . . . . . . . . . . . .................. . . . . . . . . . . . . . . . . . . . . . . . . ........................ ... . ,'N, :/)cANcIilitAmN}((: . . . . . . . . . . . . . . . . . ................. . . . . . . . . . . . . . . . . . ................. ................. ;,:,:,:,:,:,:,:,..,...:.:.;.:.:.:.:.:.:.:-:.:.>:.:.;. no ................. ........................ ....................... ......................" ......................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ".,.""".,...,.,.,."l,."."",.".".,.. Wi~M$.:~IY#H~lh?:: ....... ......................... ............................... ............................ ......... ................ :::::~tQe~tAtwg;u).Mm(: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES, AUTH IZE~REPRESENTATIVY ',' .., ~ ..,. ppppp :::~:::Mtij#J.$ij~~J The City Council of Augusta. Attn: Clerk of Council Augusta-Richmond County Municipal Building 530 Greene Street Augusta GA 30911 / WlnlS March 6, 2000 The City Council of Augusta, Augusta-Richmond County Municipal Building 530 Greene Street Augusta, GA 30911 7 Hanover Square New York, NY 10004-2594 Telephone 212-344-8888 Attn: Clerk of counCf~~12-344_8511 Cable NOORROC Telex: Domestic 12-8283 Intemational421034-1TT Dear Certificate Holder: Enclosed is the Certificate of Insurance issued on behalf of KMC Telecom Inc. Should you have any questions please feel free to call. Sincerely yours, Willis of New York, Inc. Enclosure cc: KMC Telecom Inc. Federal Insurance Company Insurance Company of North America Pacific _Irld~mhity Company Willis Corraon Corporation of New York Insurance Brokers Consultants