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ORDINANCE NO. 98- 11 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC., A NON- EXCLUSIVE PERMISSION OF THE CITY OF SUNNY ISLES BEACH; AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING FORA PERMISSION FEE; PROVIDING THE TERMS AND CONDmONS OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach finds it in the public interest to retain control over the use of public rights-of-way by providers of Telephone Services to ensure against interference with the public convenience, to promote aesthetic considerations, to promote planned and efficient use of limited right-of-way space, and to protect the public authority over right-of-way property; and WHEREAS, the City of Sunny Isles Beach finds that the granting of non-exclusive permissions is the best means of assuring that the interests of the City of Sunny Isles Beach are promoted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Grant of Permission. Permission is hereby granted to BellSouth Telecommunications, Inc, its successors and assigns (the "Company") to construct, maintain and operate lines of telephone and telegraph equipment, including the necessary conduits, poles, cables, electrical conductors, fiber optics and digital technology fixtures upon, along, under and over the public roads, streets, and rights-of-way of the City of Sunny Isles Beach, Florida as its 0RD98-11