HomeMy WebLinkAboutOrdinance 2007-290
ORDINANCE NO. 2007 - ~ 9D
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTIONS 129-65 AND 129-66 OF THE
CITY CODE RELATING TO THE REGISTRATION FOR PLACING
OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC
RIGHTS-OF-WAY, AND THE TRANSFER, SALE OR
ASSIGNMENT OF ASSETS IN PUBLIC RIGHTS-OF-WAY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Florida law, including Sections 125.52 and 337.401, Florida
Statutes, authorizes the City of Sunny Isles Beach, Florida, (the "City") to license and
adopt regulations related to the placement, construction, maintenance, repair, relocation
or removal of utility facilities within its rights-of-way, and requires certain registration
requirements by communications service providers; and
WHEREAS, pursuant to this statutory authority, the City adopted regulations
governing communications companies' use of City rights-of-way and registration of
communication service providers; and
WHEREAS, the Florida Legislature recently enacted House Bill 529, also
referred to as the "Consumer Choice Act of 2007", which provides an incumbent cable or
non-incumbent cable service provider with the option to secure a statutory certificate
franchise through the preemption of an existing cable franchise with the State; and
WHEREAS, an entity or person seeking to provide cable service in Florida after
July I, 2007, is now required to file an application for a state issued certificate of
franchising authority with the Department of State; and
WHEREAS, the Consumer Choice Act of 2007 continues to provide a role for
the City in the regulation of cable or video service providers, including certain
registration requirements relating to the placement or maintenance of communication
facilities in its roads or rights-of-way, the receipt of franchise fees via the Florida
Uniform Communications Services Tax and the provision of public, educational and
governmental access channels, and related funding obligations, for noncommercial
programming; and
WHEREAS, the City Commission finds that the provisions of this Ordinance,
which amends Sections 129-65 and 129-66 of the City Code pertaining to registration for
placing or maintaining communications facilities in public rights-of-way, and the
transfer, sale or assignment of assets in public rights-of-way, will serve the health, safety
and welfare of the City's residents.
Ordinance 2007- Amending Sections 129-65 and 129-66
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Section 129-65 of the City Code, pertaining to registration for placing or
maintaining communications facilities in public rights-of-way, is amended as follows:
~ 129-65. Registration for placing or maintaining communications facilities in
public rights-of-way.
C. Each communications services provider that desires to place or maintain a
communications facility in public rights-of-way in the City shall file a single
registration with the City, which shall include the following information:
(1) Name of the applicant;
(2) Name, address and telephone number of the applicant's primary
contact person in connection with the registration, and the person to
contact in case of an emergency;
(3) For registrations submitted prior to October 1, 200 I, the applicant
shall state whether it provides local service or toll service or both;
(4) Evidence of the insurance coverage required under this article which
shall include proof of insurance or self-insuring status adequate to
defend and cover claims and acknowledgement that registrant has
received and reviewed a copy of this article, which
acknowledgement shall not be deemed an agreement; ana
(5) The number of the applicant's certificate of authorization or license
to provide communications services issued by the Florida Public
Service Commission, the Federal Communications Commission, or
other federal or state authority, if any; and
0.) A copy of the applicant's current certificate of registration as a
communications services provider issued by the Florida Department
of Revenue.
I. A registrant that places or maintains communications facilities in the public
rights-of-way shall be required to pay compensation to the City as required by
applicable federal and state laws taw and ordinances of the City.
L Registration with the City is required of all communications services dealers, as
that term is defined in Section 201.11, Florida Statutes. As provided in Section
Ordinance 2007- Amending Sections 129-65 and 129-66
202.17(1), Florida Statutes, registration with the Florida Department of Revenue
does not constitute compliance with the City's registration requirement.
K. Should any communications services provider registered with the City have its
Florida Department of Revenue certificate of registration as a communications
services provider revoked, as provided in Section 202.17(7), Florida Statutes, said
provider shall notify the City immediately within sixty (60) days of said
revocation.
Section 2. Section 129-66 of the City Code, pertaining to transfer, sale or assignment
of assets in public rights-of-way, is amended as follows:
~ 129-66. Transfer, sale or assignment of assets in public rights-of-way or transfer
of statewide cable franchise certificate.
A. If a registrant transfers, sells or assigns its assets located in public rights-of-way
incident to a transfer, sale or assignment of the registrant's assets, the transferee,
buyer or assignee shall be obligated to comply with the terms of this article.
Written notice of any such transfer, sale or assignment shall be provided by such
registrant to the City within 20 days after the effective date of the transfer, sale or
assignment. If the transferee, buyer or assignee is a current registrant, then the
transferee, buyer or assignee is not required to reregister. If the transferee, buyer
or assignee is not a current registrant, then the transferee, buyer or assignee must
register and receive notice of the effectiveness of its registration as provided by
this article.
B. If permit applications are pending in the registrant's name, the transferee, buyer or
assignee shall notify the City Manager or his designee that the transferee, buyer or
assignee is the new applicant. The City shall not issue permits until the
registration of the transferee, buyer or assignee becomes effective.
C. A registered communications services provider that possesses a current and valid
Florida state issued certificate of franchise authority to provide cable or video
services as issued by the Florida Department of State shall provide the City with
written notice of any transfer of said certificate within sixty (60) days as
authorized by Section 61 0.114( d), Florida Statutes.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Ordinance 2007- Amending Sections 129-65 and 129-66
Section 4. Repealer. All ordinances or part of ordinances in conflict herewith be and
the same are hereby repealed.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained, that the provisions of this Ordinance shall become an appendix to the
City of Sunny Isles Beach Code; that the sections cif this Ordinance may be renumbered
or relettered to accomplish such intentions; and that the word "ordinance" shall be
changed to "section" or other appropriate word, as required.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after
adoption on second reading.
PASSED AND ADOPTED on first reading this Jfiday ofCKT()~ 2007.
PASSED AND ADOPTED on second reading this IS~day oftJbnf.~ 2007.
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TO FORM
FFICIENCY:
Moved by: C~~ &~Zl~
Seconded by: C~ I<bUCSi ftS
Vote: 5-b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
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Ordinance 2007 - Amending Sections 129-65 and 129-66
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NEIGHBORS CALENDAR
classes and acupuncture for people
with HIV! AIDS; Center for Positive
Connections, 12570 NE Seventh
Ave., Ste. 104, North Miami
305.891-2066.
Community Partnership for Home"
less: Group needs pillows, towels,
mattress covers. underwear for rnen,
women and chlldren, men's profes~
sional clothing, baby clothing, bassi-
nets and diapers; Community Part-
nership for Homeless, Inc., 1550 N
Miami Ave" North Miami. Call Trev
Flowers at 305.329.3042 or
305-329-3030 or cphi.org.
Divorced, Separated, Widowed and
Solos Support Group: Learn how to
build stronger relationships by dis-
cussing a different topic each week;
7:30-9 p.m. Thursdays; Alper Jewish
Community Center. 11155 SW 112th
Ave.. Jay Morton-Levinthal Campus,
Kendall; free. 305-271-9000 or
alperjcc.org.
Holocaust Survivors: Get emer-
gency help and other services: pro-
vided by the Jewish Community Ser-
vices of South Florida, Inc.: hot line
operates 24/7. 305-682-8585.
Messles Anonymous: A 12-step
recovery program for persons who
struggle with clutter and disorder:
6:30 p.m. first Tuesdays; St. John's
United Methodist Church, 4760 Pine-
tree Dr., Miami Beach. 305-865-5193.
Miami Children's HospItal Events:
Miami Children's Hospital, 3196 SW
62nd Ave.. Miami (Schenley); free:
. Adolescent Depression. Anxiety
Group, Kids 13-17 can participate in
the group whose goal is to foster
coping skills to alleviate and prevent
feelings of anxiety and depression:
4-5 p.m. Wednesdays:
. Emergent Language Group for
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. TURN TO CALENDAR, 39
I!f Service~ou
I!f Experi~nced. Cr~ftsl11an
I!f One Year Warranty
Bathroom Remodeling
General Home Repairs
Kitchen Remodeling
Window Replacement
Handyman Work
Door Replacement
Fence Installation
Crown Moldings
Ceramic Tile~L ~
Painting
Carpentry
Plumbing
Electrical
Closet Systems
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City
Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles
Beach Government Center, David P. Samson Commission Chambers,
18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday,
November 15, 2007, at 7:30 p.m., to consider final adoption of the
following proposed Ordinances:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 26-10 OF
THE CITY CODE RELATING TO THE INSTALLATION OF NEW
OFFICERS AFTER AN ELECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 129-65
AND 129-66 OF THE CITY CODE RELATING TO THE
REGISTRATION FOR PLACING OR MAINTAINING
COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY,
AND THE TRANSFER, SALE, OR ASSIGNMENT OF ASSETS IN
PUBLIC RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-35 (8)
OF THE CITY CODE TO CLARIFY THE WIDTH OF THE REQUIRED
BEACH ACCESS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at 305-792-
1703. A copy of this document is available for pUblic inspection during
normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an agent, or to
express their views in writing addressed to the City Commission c/o the City Clerk, City of
Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person
wishing to address the City Commission at a public hearing is asked to register with the City
Clerk by completing a public speakers' card prior to the item being heard. The hearings on
these matters may be continued at this meeting and under such circumstances. additional
legal notice would not be provided. If a person decides to appeal any decision made by the
City Commission with respect to any matter considered at such meeting, they will need a
record of the proceedings and, for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City for
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability
should contact the City Manager at 305-947-0606, no later than 48 hours prior to the
proceedings; if hearing impaired. please telephone the TTY line at 305-792-1590 for
assistance.
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City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33] 60
(305) 947-0606 City Hall
(305) 949.3 II 3 Fax
(305) 947.2150 Building Department
(305) 947-5 I 07 Fax
City Commission
Norman S. Edelcup. Mayor
l.ewis J. Thaler, Vice Mayor
Gerry Goodman. Commissioner
Roslyn Brezin, ComnllsslOner
Oanny Iglesias, CommissIOner
A. John Szerlag. CII)' Manager
Hans Ottinot. Cify Attorney
.Jane A. Hines. CMC, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorney
DATE: October 18, 2007
RE: Proposed Ordinance amending Sections 129-65 and 129-66 of the City Code
RECOMMENDA TION:
This proposed Ordinance amending Sections 129-65 and 129-66 of the Code of the City of
Sunny Isles Beach, relating to registration for placing or maintaining communications facilities
in public rights-of-way, and the transfer, sale or assignments of assets in public rights-of-way, is
presented for your consideration and approval.
REASONS:
This Ordinance is being proposed in conformity with House Bill 529, also referred to as the
"Consumer Choice Act of 2007." Effective July 1,2007, local governments such as Sunny Isles
Beach will no longer be able to award a new cable franchise for the provision of cable services.
within its jurisdiction. Instead, an incumbent cable or non-incumbent cable service provider, is
now required to file an application for a state issued certificate of franchising authority with the
State.
House Bill 529 continues to provide a role for the City in the regulation of cable service
providers, including certain registration and notification requirements, as well as the provision of
free Public, Educational and Governmental ("PEG") access channels.
This Ordinance properly amends the City's cable regulations to require cable service providers to
register with the City upon the issuance of a state license to provide cable service in the City. It
is important to note that the incumbent cable provider, Atlantic Broadband. ("Atlantic") will
continue to operate under the existing franchise agreement with the City until the earlier of (I)
the expiration of the term of Atlantic's current franchise agreement, or (2) Atlantic's receipt of a
statewide cable franchise.
q_B
Ll::J 5-01
Agenda Item
Date
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5 I 07 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Hans Gttinot, City Attorney
~~
Priscilla Walker, CMC, Deputy City Clerk
November 19,2007
Approval of Registration Requirement for Communications Facilities
At its regular meeting of November 15, 2007, the City Commission adopted Ordinance No.
2007-290, which implemented a registration requirement for communications facilities in public
rights-of-way. Attached is a copy of the approving legislation for your files.
Thank you.
Ipw
Attachment
Cornrnuniciations Facilities Registration Ord Memo