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Ordinance 2018-531
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Ordinance 2018-531
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Last modified
12/6/2018 10:39:28 AM
Creation date
12/6/2018 10:29:53 AM
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CityClerk-Ordinances
Ordinance Number
2018-531
Date (mm/dd/yyyy)
12/06/2018
Description
Repeal Art II “Telecommunications ROW” of Chap 129; Amend Art III Chap 129 “Comm ROW”
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disposition of its communications facilities in the public rights-of-way and <br /> restore the public rights-of-way to its condition immediately prior to the <br /> removal. If a registrant fails to comply with this subsection. the <br /> communications facilities are deemed to be abandoned and the City may <br /> exercise any remedies or rights it has at law or in equity as well as the City's <br /> • <br /> remedies pursuant to this Ordinance. The obligations of the registrant <br /> hereunder shall survive the termination of a registration. A registrant that has <br /> its registration terminated by the City under this Ordinance may reapply for <br /> registration one (1) year after the termination date of the prior registration. <br /> unless otherwise permitted to reapply at the sole discretion of the City. <br /> (12) In the event of termination of a registration. this Ordinance does not authorize <br /> the City to cause the removal of communications facilities used to provide <br /> another service for which the registrant or another person who owns or <br /> exercises physical control over the communications facilities holds a valid <br /> certification or license with the governing federal or state agency, if required. <br /> for the provision of such service, and is registered with the City, if required. <br /> (13) If a registrant transfers. sells or assigns its registration or its facilities in the <br /> public rights-of-way. incident to a transfer, sale or assignment of the <br /> registrant's assets, the transferee, buyer or assignee shall be obligated to <br /> comply with the terms of this Ordinance. Written notice of any such transfer. <br /> sale or assignment shall be provided to the City within 20 days after the <br /> effective closing date of the transfer. sale or assignment. If the transferee. <br /> buyer or assignee is a current registrant, and is in compliance with the <br /> provisions of this Ordinance. then the transferee. buyer or assignee is not <br /> required tore-register. If the transferee. buyer or assignee is not a current <br /> registrant. or has an effective registration that is not in compliance with this <br /> Ordinance as it may have been amended, then the transferee, buyer or <br /> assignee shall register as provided in this Ordinance within 60 days of the <br /> transfer. sale or assignment. If permit applications are pending in the <br /> registrant's name, the transferee, buyer or assignee shall notify the <br /> appropriate City officials that the transferee, buyer or assignee is the new <br /> applicant. <br /> (14) City makes no warranties or representations regarding the fitness, suitability <br /> or availability of public rights-of-way for the registrant's communications <br /> facilities. Any performance of work or costs incurred by registrant or <br /> provision of services shall be at registrant's sole risk. Nothing in this <br /> Ordinance shall affect the City's authority to add, vacate or abandon public <br /> rights-of-way, and the City makes no warranties or representations regarding <br /> the availability of any added, vacated or abandoned public rights-of-way for <br /> communications facilities. <br /> (15) In the event registrant desires to use its existing facilities or to construct new <br /> facilities for the purpose of providing any other services other than the <br /> provision of communications service. or for providing any other use to <br /> 37 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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