HomeMy WebLinkAboutOrdinance 2001-138
ORDINANCE NO. 2001- j3S
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RELATING TO COMMUNICATIONS FACiliTIES IN
PUBLIC RIGHTS-OF-WAY; AMENDING ORDINANCE NO.
2000-91; PROVIDING FOR TITLE; PROVIDING FOR INTENT
AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING
FOR REGISTRATION FOR PLACING OR MAINTAINING
COMMUNICATIONS FACILITIES IN PUBUC RIGHTS-OF-
WAY; PROVIDING FOR NOTICE OF TRANSFER, SALE OR
ASSIGNMENT OF ASSETS IN PUBUC RIGHTS-OF-WAY;
PROVIDING FOR PLACEMENT OR MAINTENANCE OF A
COMMUNICATIONS FACILITY IN PUBUC-RIGHTS-OF-W A Y;
PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING
FOR APPEALS; PROVIDING FOR CONDITIONAL USE OF
PUBLIC RIGHTS-OF-WAY; PROVIDING FOR INVOLUNTARY
TERMINATION OF REGISTRATION; PROVIDING FOR
EXISTING COMMUNICATIONS FACiliTIES IN PUBUC
RIGHTS-OF- WAY; PROVIDING FOR INSURANCE; PROVIDING
FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION
BOND; PROVIDING FOR SECURITY FUND; PROVIDING FOR
ENFORCEMENT REMEDIES; PROVIDING FOR
ABANDONMENT OF A COMMUNICATIONS FACILITY;
PROVIDING FOR FORCE MAJEURE; PROVIDING FOR
RESERVATION OF RIGHTS AND REMEDIES; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTNE DATE.
WHEREAS, effective January 1, 2001, Section 337.401, Florida Statutes (2000), is
amended to require similar treatment of providers of telecommunications services seeking to use
the City's Public Rights-of-Way. Rules or regulations imposed by the City relating to
telecommunications companies placing or maintaining telecommunications facilities in its roads
or rights-of-way must be generally applicable to all telecommunications companies; and
WHEREAS, effective October 1, 2001, Section 337.401, Florida Statutes (2000), is
further amended to require municipalities to treat providers of communications services in a
nondiscriminatory and competitive manner when imposing rules or regulations governing the
placement or maintenance of Communications Facilities in the City's Rights-of-Way; and
WHEREAS, it is the intent of the City to exerCIse the City's authority over
communications services providers' placement and maintenance of facilities in the public rights-
of-way; and
WHEREAS, it is the City's intent to treat each communications services provider in a
nondiscriminatory and competitively neutral manner in exercising such authority; and
WHEREAS, the public rights-of-way subject to the jurisdiction and control of the City:
(1) are critical to the travel of persons and the transport of goods and other tangibles in the
business and social life of the community by all citizens; (2) are a unique and physically limited
resource and proper management by the City is necessary to maximize efficiency, minimize the
costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative
effects upon the public from such facilities' placement and maintenance in the public rights-of-
way; and (3) are intended for public uses and must be managed and controlled consistently with
that intent; and
WHEREAS, it is the intent of the City to exercise its authority to adopt reasonable rules
and regulations to the fullest extent allowed by Federal and State law; and
WHEREAS, it is the intent of the City that this Ordinance shall not apply to cable
service providers.
NOW, THEREFORE, BE IT ORDAINED BY CITY OF SUNNY ISLES,
FLORIDA, AS FOLLOWS:
Section 1 - Title
This Ordinance shall be known and may be cited as the City of Sunny Isles Beach2Communications Rights-of-Way Ordinance.
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Section 2 - Intent and PurDose
It is the intent of the City to promote the public health, safety and general welfare by:
providing for the placement of maintenance of Communications Facilities in the Public Rights-
of-Way within the City; adopting and administering reasonable rules and regulations not
inconsistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it
may be amended, the City's home-rule authority, and in accordance with the provisions of the
Federal Telecommunications Act of 1996 and other Federal and State law; establishing
reasonable rules and regulations necessary to manage the placement or maintenance of
Communications Facilities in the Public Rights-of-Way by all Communications Services
Providers; and minimizing disruption to the Public Rights-of-Way. In regulating its Public
Rights-of-Way, the City shall be governed by and shall comply with all applicable Federal and
State laws.
Section 3 - Definitions
For purposes of this Ordinance, the following terms, phrases, words and their derivations
shall have the meanings given. Where not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number,
and words in the singular number include the plural number. The words "shall" and "will" are
mandatory, and "may" is permissive. Words not otherwise defined shall be construed to mean
the common and ordinary meaning.
1. "Abandonment" shall mean the permanent cessation of all uses of a
Communications Facility; provided that this term shall not include cessation of all use of a
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Facility within a physical structure where the physical structure continues to be used. By way of
example, and not limitation, cessation of all use of a cable within a conduit, where the conduit
continues to be used, shall not be "Abandonment" of a Facility in Public Rights-of-Way.
2. "(City)" shall mean City of Sunny Isles, Florida.
3. "Communications Services" shall have the same meaning as that term is defined
in Section 202.11(3) of the Florida Statutes (2000). Notwithstanding the foregoing, "cable
service", as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not
included in the definition of "Communications Services", and cable service providers may be
subject to other ordinances of the City.
4. "Communications Services Provider" shall mean any Person providing
Communications Services through the placement or maintenance of a Communications Facility
in Public Rights-of-Way. "Communications Services Provider" shall also include any person
providing private communications services as that term is defined in Section 202.11(18), Florida
Statutes (2000), through the placement of maintenance of a Communications Facility in the
Public Rights-of-Way.
5. "Communications Facility" or "Facility" or "System" shall mean any permanent
or temporary plant, equipment and property, including but not limited to cables, wires, conduits,
ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes,
vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed
or maintained or to be placed or maintained in the Public Rights-of-Way of the City and used or
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capable of being used to transmit, convey, route, receIve, distribute, provide or offer
Communications Services.
6. "FCC" shall mean the Federal Communications Commission.
7. "In Public Rights-of-Way" or "in the Public Rights-of-Way" shall mean in, on,
over, under or across the Public Rights-of-Way.
8. "Ordinance" shall mean this Ordinance.
9. "Person shall include any individual, children, firm, association, joint venture,
partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal
entity of any kind, successor, assignee, transferee, personal representative, and all other groups
or combinations, and shall include the City to the extent the City acts as a Communications
Services Provider.
10. "Place or maintain" or "placement or maintenance" or "placing or maintaining"
shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy,
locate or relocate. A Communications Services Provider that owns or exercises physical control
over Communications Facilities in Public Rights-of-Way, such as the physical control to
maintain and repair, is "placing or maintaining" the Facilities. A Person providing service only
through resale or only through use of a third party's unbundled network elements is not "placing
or maintaining" the Communications Facilities through which such service is provided. The
transmission and receipt of radio frequency signals through the airspace of the Public Rights-of-
Way does not constitute "placing or maintaining" Facilities in the Public Rights-of-Way.
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11. "Public Rights-of-Way" shall mean a public right-of-way, public utility easement,
highway, street, bridge, tunnel or alley for which the City is the authority that has jurisdiction
and control and may lawfully grant access to pursuant to applicable law, and includes the
surface, the air space over the surface and the area below the surface. "Public Rights-of-Way"
shall not include private property. "Public Rights-of-Way" shall not include any real or personal
City property except as described above and shall not include City buildings, fixtures, poles,
conduits, facilities or other structures or improvements, regardless of whether they are situated in
the Public Rights-of-Way.
12. "Registrant" shall mean a Communications Services Provider that has registered
with the City in accordance with the provisions of this Ordinance.
13. "Registration" or "Register" shall mean the process described in this Ordinance
whereby a Communications Services Provider provides certain information to the City.
Section 4 - Res!:istration for Placine: or Maintainine: Communications Facilities in
Public Rie:hts-of-Wav
1. A Communications Services Provider that desires to place or maintain a
Communications Facility in Public Rights-of-Way in the City shall first Register with the City in
accordance with this Ordinance. Subject to the terms and conditions prescribed in this
Ordinance, a Registrant may place or maintain a Communications Facility in Public Rights-of-
Way if, and to the extent such placement and maintenance complies with the City's ordinances,
codes and regulations.
2. A Registration shall not convey any title or property interest, equitable or legal, to
the Registrant in the Public Rights-of-Way. A Registration shall be revocable at will to the
extent permitted by state and federal law. Registration under this Ordinance governs only the
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right to place or maintain Communications Facilities in Public Rights-of-Way. A Registrant may
place and maintain Communications Facilities if, and to the extent the Registrant is in full
compliance with City ordinances, codes or regulations. Registration does not excuse a
Communications Services Provider from obtaining appropriate permits, authorized access or
pole attachment agreements before locating its Facilities in the Public Rights-of-Way.
Registration does not excuse a Communications Services Provider from complying with all
applicable City ordinances, codes or regulations, including this Ordinance.
3. 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:
(a) name of the applicant;
(b) 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;
(c) for Registrations submitted prior to October 1, 2001, the applicant shall
state whether it provides local service or toll service or both;
(d) evidence of the insurance coverage required under this Ordinance and
acknowledgment that Registrant has received and reviewed a copy of this Ordinance, which
acknowledgment shall not be deemed an agreement; and
(e) 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.
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4. The City Manager or his designee shall review the information submitted by the
applicant. Such review shall be by the designated City Official or his or her designee. If the
applicant submits information in accordance with subsection 3. above, the Registration shall be
effective upon the receipt of written notice from the City of the effectiveness of Registration. If
the City determines that the information has not been submitted in accordance with subsection 3.
above, the City shall notify the applicant of the non-effectiveness of Registration, and reasons for
the non-effectiveness, in writing. The City shall so reply to an applicant within thirty (30) days
after receipt of registration information from the applicant.
5. A Registrant may cancel a Registration upon written notice to the City stating that
it will no longer place or maintain any Communications Facilities in Public Rights-of-Way
within the City and will no longer need to obtain permits to perform work in Public Rights-of-
Way. A Registrant may not cancel a Registration if the Registrant continues to place or maintain
any Communications Facilities in Public Rights-of-Way.
6. Registration shall not itself establish any right to place or maintain or reserve
priority for the placement or maintenance of a Communications Facility in Public Rights-of-Way
within the City. Registrations are expressly subject to any future amendment to or replacement
of this Ordinance and further subject to any additional City ordinances, as well as any State or
Federal laws that may be enacted.
7. A Registrant shall renew its Registration with the City by April 1 of even
numbered years in accordance with the Registration requirements in this Ordinance, except that a
Registrant that initially registers during the even numbered year when renewal would be due or
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the odd numbered year immediately preceding such even numbered year shall not be required to
renew until the next even numbered year. Within thirty (30) days of any change in the
information required to be submitted pursuant to subsection 3, except, as of October 1, 2001,
subsection 3(c), a Registrant shall provide updated information to the City. If no information in
the then-existing Registration has changed, the renewal may state that no information has
changed. Failure to renew a Registration may result in the City suspending a Certificate of
Compliance issued on the basis of the Registration until the Communications Services provider
has complied with the Registration requirements of this Ordinance.
8. In accordance with applicable City ordinances, codes or regulations, a separate
permit may be required for work to be performed and shall be required each time that a
Communications Facility is placed or maintained in Public Rights-of-Way. An effective
Certificate of Compliance shall be a condition precedent to obtaining such permits.
(a) A Certificate of Compliance will be issued by the City Manager or his
designee when the following conditions have been met:
(1) the Communications Services Provider provides proof of valid
registration under this Section;
(2) the Communications Services Provider demonstrates that it has
provided the Certificate of Insurance and, to the extent such requirements are applicable,
complied with the requirements set forth in Ordinance No. 2000-91.
(3) the Communications Services Provider demonstrates that it has
provided the appropriate bond in accordance with Ordinance No. 2000-91.
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(4) the City Manager believes that the Communications Service
Provider is in full compliance with all the City ordinances, codes and regulations.
9. 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 law
and ordinances of the City.
Section 5 - Transfer. Sale or Assi2Dl11ent of Assets in Public Ri2hts-of-Wav
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 Ordinance. Written notice of any
such transfer, sale or assignment shall be provided by such Registrant to the City within twenty
(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 re-
Register. 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 ordinance.
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.
Section 6 - Placement or Maintenance of a Communications Facilitv in Public
Ri2hts-of- Way
A Registrant shall at all times comply with and abide by all applicable provisions of the
State and Federal law and City ordinances, codes and regulations in placing or maintaining a
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Communications Facility in Public Rights-of-Way, including but not limited to Ordinance No.
2000-91.
Section 7 - Suspension of Permits
1. Subject to Section 8 below, the City Manager or his designee may suspend any
and all permits for work in the Public Rights-of-Way for one or more of the following reasons:
a. Failure to satisfy permit conditions, including conditions set forth in this
Ordinance or other applicable City Ordinances, codes or regulations governing placement or
maintenance of Communications Facilities in Public Rights-of-Way, including without
limitation, failure to take reasonable safety precautions to alert the public of work at the work
site, or to restore any Public Rights-of-Way;
b. misrepresentation or fraud by Registrant 1D a Registration or permit
application to the City; or
c. inaccurate information contained in a permit application; or
d. failure to properly renew or ineffectiveness of Registration.
e. failure to relocate or remove Facilities as may be lawfully required by the
City.
The City Manager or his designee shall provide notice and an opportunity to cure any of
the violations listed above, each of which shall be reasonable under the circumstances.
Section 8 - Appeals
1. Final, written decisions of the City Manager or his designee suspending or
denying a permit, denying an application for a Registration or denying an application for renewal
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of a Registration, are subject to appeal. An appeal must be filed with the City Clerk within thirty
(30) days of the date of the final, written decision to be appealed. Any appeal not timely filed as
set forth above shall be waived. The City Commission shall hear the appeal at the next regular
Commission Meeting. The hearing shall occur within thirty (30) days of the receipt of the
appeal, unless waived by the Registrant, and a written decision shall be rendered within twenty
(20) days of the hearing. Upon correction of the grounds that gave rise to a suspension or denial,
the suspension or denial shall be lifted.
Section 9 - Conditional Use of Public Ri2hts-of-Wav
1. In the event Registrant desires to use its existing Facilities or to construct new
Facilities for the purpose of providing other utility or non-utility services to existing or potential
consumers or resellers, by providing any other services other than the provision of
Communications Services or for providing any other use to existing or potential consumers, a
Registrant shall seek such additional and separate authorization from City for such activities as
may be required by applicable law.
2. To the extent that a Registrant leases or otherwise uses the Facilities of a person
that is duly registered or otherwise authorized to place or maintain Facilities in the Public Rights-
of-Way of the City, Registrant shall make no claim, nor assert any right which will impede the
lawful exercise of the City's rights, including requiring the removal of such Facilities from the
Public Rights-of-Way of the City, regardless of the effect on Registrant's ability to place or
maintain its own Communications Facilities in Public Rights-of-Way of the City.
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Section 10 - Involuntary termination of Relrlstration
1. The City may terminate a Registration if:
(a) a Federal or State authority suspends, denies, or revokes a Registrant's
certification or license to provide Communications Services;
(b) the Registrant's placement or maintenance of a Communications Facility
in the Public Rights-of-Way presents an extraordinary danger to the general public or other users
of the Public Rights-of-Way and the Registrant fails to remedy the danger promptly after receipt
of written notice; or
(c) the Registrant ceases to use all of its Communications Facilities in Public
Rights-of-Way and has not complied with Section 17 of this Ordinance.
2. Prior to tennination, the Registrant shall be notified by the City Manager with a
written notice setting forth all matters pertinent to the proposed tennination action, including which
of (a) through (c) above is applicable as the reason therefore, and describing the proposed action of
the City with respect thereto. The Registrant shall have thirty (30) days after receipt of such notice
within which to cure or within which to present a plan to cure, satisfactory to the City Manager or
designee. If the plan is rejected, the City Manager or his designee shall provide written notice of such
rejection to the Registrant. The City shall make a final decision as to tennination of the Registration.
3. In the event of tennination, the former Registrant shall: (a) notify the City of the
assumption or anticipated assumption by another Registrant of ownership of the Registrant's
Communications Facilities in Public Rights-of-Way; or (b) provide the City with an acceptable plan
for disposition of its Communications Facilities in Public Rights-of-Way. If a Registrant fails to
comply with this subsection 3., the City may exercise any remedies or rights it has at law or in equity,
including but not limited to taking possession of the Facilities where another Person has not assumed
the ownership or physical control of the Facilities or requiring the Registrant within 90 days of the
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termination, or such longer period as may be agreed to by the Registrant, to remove some or all of
the Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to its original
condition before the removal.
4. In any event, a terminated Registrant shall take such steps as are necessary to
render safe every portion of the Communications Facilities remaining in the Public Rights-of-
Way of the City.
5. In the event of termination of a Registration, this Section does not authorize the
City to cause the removal of Communications Facilities used to provide another service for
which the Registrant or another Person who owns or exercises physical control over the Facilities
holds a valid certification of license with the governing Federal or State agency, if required for
provision of such service, and is Registered with the City, if required.
Section 11- Existine: Communications Facilities in Public Rie:hts-of-Wav
A Communications Services Provider with an existing Communications Facility in the
Public Rights-of-Way of the City has sixty (60) days from the Effective Date of this Ordinance
to comply with the terms of this Ordinance, including, but not limited to, Registration, or be in
violation thereof.
Section 12 - Insurance
A Registrant shall comply with Section 27 of Ordinance No. 2000-91.
Section 13 - Indemnification
A Registrant shall comply with Section 29 of Ordinance No. 2000-91.
Section 14 - Construction Bond
A Registrant shall comply with Sections 28 and 30 of Ordinance No. 2000-91.
Section 15 - Security Fund
The Registrant shall be required to comply with Section 30 of Ordinance No. 2000-91.
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Section 16 - Enforcement Remedies
1. A Registrant's failure to comply with provisions of this Ordinance shall constitute
a violation of this Ordinance and shall subject the Registrant to the code enforcement provisions
and procedures as provided in Chapter 162, Florida Statutes (2000), or Section 166.0415, Florida
Statutes (2000).
2. In addition to any other remedies available at law, including but not limited to
Section 166.0415, Florida Statutes and Chapter 162, Florida Statutes, or equity or as provided in
this Ordinance, the City may apply anyone or combination of the following remedies in the
event a Registrant violates this Ordinance, or applicable local law or order related to the Public
Rights-of -Way:
(a) Failure to comply with the provisions of the Ordinance or other law
applicable to occupants of the Public Rights-of-Way; may result in imposition of penalties to be
paid by the Registrant to the City in an amount of not less than one hundred dollars ($HXlOO),
pending or part thereof, that the violator continues.
(b) In addition to or instead of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
3. Before imposing a fine pursuant to this Section, the City Manager or his designee
shall give written notice of the violation and its intention to assess such penalties, which notice
shall contain a description of the alleged violation. Following receipt of such notice, the
Registrant shall have thirty (30) days to either: (a) cure the violation to the City's satisfaction
and the City shall make good-faith reasonable efforts to assist in resolving the violation; or (b)
file an appeal with the City to contest the alleged violation. Section 8 shall govern such appeal.
If no appeal is filed and if the violation is not cured within the thirty (30) day period, the City
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may collect all fines owed, beginning with the first day of the violation, through any means
allowed by law.
4. In determining which remedy is appropriate, the City shall take into consideration
the nature of the violation, the person bearing the impact of the violation, the nature of the
remedy required in order to prevent further violations, and such other matters as the City
determines are appropriate to the public interest.
5. Failure of the City to enforce any requirements of this Ordinance shall not constitute
a waiver of the City's right to enforce that violation or subsequent violations of the same type or to
seek appropriate enforcement remedies.
6. The City may find a Registrant that does not demonstrate compliance with the
terms and conditions of this Ordinance in default and apply anyone or combination of the
remedies othelWise authorized by this Ordinance.
7. The City Manager or his designee shall be responsible for administration and
enforcement of this Ordinance, and is authorized to give any notice required by law.
Section 17 - Abandonment of a Communications Facilitv
1. Upon Abandonment of a Communications Facility owned by a Registrant in
Public Rights-of-Way, the Registrant shall notify the City within ninety (90) days.
2. The City may direct the Registrant by written notice to remove all or any portion
of such Abandoned Facility at the Registrant's sole expense if the City determines that the
Abandoned Facility's presence interferes with the public health, safety or welfare, which shall
include, but shall not be limited to, a determination that such Facility: (a) compromises safety at
any time for any Public Rights-of-Way user or during construction or maintenance in Public
Rights-of-Way; (b) prevents another Person from locating facilities in the are of Public Rights-
of-Way where the Abandoned Facility is located when other alternative locations are not Public
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Rights-of-Way reasonably available; (c) creates a maintenance condition that is disruptive to the
Public Rights-of-Way's use; or (d) creates a burden on the aesthetics of the City. In the event of
(b), the City may require the third Person to coordinate with the Registrant that owns the existing
Facility for joint removal and placement, where agreed to by the Registrant.
3. In the event that the City does not direct the removal of the Abandoned Facility,
the Registrant, by its notice of Abandonment to the City, shall be deemed to consent to the
alteration or removal of all or any portion of the Facility by the City or another Person at such
third party's cost.
4. If the Registrant fails to remove all or any portion of an Abandoned Facility as
directed by the City within a reasonable time period as may be required by the City under the
circumstances, the City may perform such removal and charge the cost of the removal against the
Registrant.
Section 18 - Force Maieure
The City Manager, in the Manager's sole discretion, may relieve a Registrant of its
obligations under this Ordinance during a Force Majeure event.
Section 19 - Reservation of Rights and Remedies
1. The City reserves the right to amend this Ordinance as it shall find necessary in the
lawful exercise of its police powers.
2. This Ordinance shall be applicable to all Communications Facilities placed in the
Public Rights-of-Way on or after the effective date of this Ordinance and shall apply to all existing
Communications Facilities in the Public Rights-of-Way prior to the effective date of this Ordinance,
to the full extent permitted by State and Federal law.
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3. The adoption of this Ordinance is not intended to affect any rights or defenses of
the City or a Communications Service Provider under any existing franchise, license or other
agreements with a Communications Services Provider.
4. Nothing in this Ordinance shall affect the remedies the City or the Registrant has
available under applicable law.
Section 20 - Reports and Records
1. Each Registrant shall, upon ten (10) business days written notice, if reasonably
possible, but in no event less than five (5) business days written notice, provide the City access to all
books and record related to the construction, maintenance, or repair of the Facility to the extent the
City review of the books and records is necessary to manage its rights-of-way.
2. Any and all non-proprietary or non-confidential books and records may be copied by
the City. To the maximum extent permitted by Section 202.195, Florida Statutes, as amended, such
books and records shall be kept confidential and exempt from the provisions of Section 119.07(1),
Florida Statutes. A Registrant is responsible for obtaining or maintaining the necessary possession
or control of all books and records related to the construction, maintenance or repair of the Facility,
so that it can produce the documents upon request. Books and records must be maintained for a
period of five (5) years, except that any record that is a public record must be maintained for the
period required by state law.
3. For the purposes of this section, the terms "books and records" shall be read
expansively to include information in whatever format stored. Books and records requested shall be
produced to the City at City Hall, except by agreement.
4. If any books and records are too voluminous, or for security reasons cannot be
copied and moved, then a Registrant may request that the inspection take place at some other
location mutually agreed to by the City and the Registrant, provided that the Registrant must make
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necessary arrangements for copying documents selected by the City after its review; and the
Registrant must pay all travel and additional copying expenses incurred by the City in inspecting
those documents or having those documents inspected by its designee.
5. Without limiting the foregoing, a Registrant shall provide the City the following
within ten (10) calendar days of their receipt or (in the case of documents created by the Registrant
filing:
(a) notices of deficiency or forfeiture related to the operation of the Facility; and
(b) copies of any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy by the operator or by any partnership or corporation that
owns or controls the operator direcrly or indirecrly.
6. In addition, the City may, at its option, and upon reasonable notice to the Registrant,
inspect the Facilities in the Public Rights-of-Way to protect the public health and welfare.
Section 21 - 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 shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 22 - Conflicting Ordinances
All prior ordinances or resolutions or parts thereof in conflict herewith, are hereby repealed
to the extent of such conflict.
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Section 23 - Inclusion in Code
It is the intention of the City Commission of the City of Sunny Isles Beach, that the
provisions of this Ordinance shall become and be made a part of the City of Sunny Isles Beach
Code of Ordinances.
Section 24 - Effective Date
This Ordinance shall be effective ten (10) days after second reading.
PASSED AND ADOPTED upon first reading on the .5l~y or-J lA , Y
~
PASSED AND ADOPTED upon second reading this day of
,2001.
AITEST:
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- Ric~a.rd Brown-Mori11a, City lerk \ ~.
APPROYJIDAS TO FORM
AND LE SUFFICIENCY:
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Vote: ~-O
Mayor Samson
Vice Mayor Kauffman
Commissioner Edelcup
Commissioner Goodman
Commissioner Iglesias
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~(Y es)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Legislation:Amendment To Ordinance No. 2001-_Commurucations Facilities
20