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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-0161 1 Temp. Ord. #1_77- 1 9/10/96 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-96- /6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, IMPOSING A NINETY (90) DAY MORATORIUM UPON ALL REAL PROPERTY WITHIN THE CITY OF TAMARAC, INCLUDING BUT NOT LIMITED TO ANY AND ALL RIGHTS -OF -WAY AND EASEMENTS, AS WELL AS ANY RIGHTS GRANTED BY FRANCHISE, AS TO THE PLACEMENT OF ANY WIRELESS SERVICE TOWERS AND OTHER WIRELESS SERVICE FACILITIES OF ANY NATURE; THE INSTALLATION OF ALL LINES, CABLES AND FIBERS OF ANY NATURE, OTHER THAN THE STANDARD FLORIDA POWER & LIGHT ELECTRIC LINES, SOUTHERN BELL TELEPHONE LINES AND CONTINENTAL CABLEVISION OF BROWARD COUNTY T.V. LINES; INCLUDING THE ISSUANCE OF ANY PERMITS FOR THE PLACEMENT, INSTALLATION, CONSTRUCTION AND MODIFICATION THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH BE OF NO FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Administration of the City of Tamarac has joined a consortium of cities studying legislation in order to comply with the Federal Telecommunications Act of 1996; and CODING: Words in struelk through type are deletions from existing law; Words in Underscored type are additions. Temp. Ord. # Z7-9 2 9/10/96 WHEREAS, the above study includes most recent technological advances and application affecting all aspects of communication, including but not limited to wireless service facilities and above ground and below ground cables and lines; and WHEREAS, the City of Tamarac is considering a process for the drafting of appropriate legislation regulating the application of communication technology in compliance with the Federal Telecommunications Act of 1996 where it is anticipated that said legislation will be considered and adopted no later than ninety (90) days from the imposition of this moratorium; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac that a ninety (90) day moratorium be imposed upon all lands within the City of Tamarac, including but not limited it to any and all rights -of -way and easements as well as any rights granted by franchise as it to the placement of any wireless service towers and other wireless service facilities of any nature, including the issuance of any permits for the placement, installation, construction and modification thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTIQN 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. CODING: Words in struelt threagFfi type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1770 3 9/10/96 SECTION 2: It is deemed it to be in the best interest of the health, safety and welfare of the citizens and residents of the City of Tamarac that a ninety (90) day moratorium be imposed upon all real property within the City of Tamarac, including but not limited it to any and all rights -of -way and easements as well as any rights granted by franchise as it to the placement of any wireless service towers and other wireless service facilities of any nature, including the issuance of any permits for the placement, installation, construction and modification thereof. SECTION 3: It is deemed it to be in the best interest of the health, safety and welfare of the citizens and residents of the City of Tamarac that a ninety (90) day moratorium be imposed upon all lands within the City, including but not limited it to any and all rights -of -way and easements as well as any rights granted by franchise as it to the installation of all lines, cables and fibers of any nature, whether above or below ground, including the issuance of any permits for the placement, installation, construction and modification thereof. SECTIONA: The moratorium imposed by Sections 2 and 3 of this Ordinance shall not apply it to the standard Florida Power & Light electrical lines, Southern Bell telephone lines, Continental Cablevision of Broward County cable T.V. lines, and similarly situated legally authorized providers, and the placement, installation, construction, modification and maintenance thereof. It is the expressed legislative intent of the City Commission that Florida Power & Light, Southern Bell, Continental Cablevision of Broward County, and similarly situated legally authorized providers continue it to operate their CODING: Words in stfueIt througli type are deletions from existing law; Words in underscored type are additions. 1 1 1 Temp. Ord. #1770 4 9/10/96 businesses within the City of Tamarac but that they be restricted it to the use of standard and traditional technology of a nature similar it to the technology in use by them prior it to the Telecommunications Act of 1996. SECTI.ON5-. That in the event any provision or application of this Ordinance shall be held it to be invalid, it is the legislative intent that the other provisions and applications hereof shall not be thereby SECTIONS All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed it to the extent of such conflict during the time period of the moratorium. SECTION 7: If any provision of this Ordinance or the application thereof it to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and it to this end the provisions of this Ordinance are declared it to be severable. CODING: Words in struek-through type are deletions from existing law; Words in underscored type are additions. 1 1 1 6*I6iiC�1►I�1# passage and adoption. Temp. Ord. # M 5 9/10/96 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 2-5 day of Ser�lm PASSED, SECOND READING this 9 day of () C+013tX- M CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this MITC-HELL S. K CITY ATTORN (c:\userdata\wpdata\ord\1770. ms) , 1996. 11996. ILL . i , . .:.. r RECORD OF COMMISSION MAYOR ABRANIQUM -Ex� DIST 1:,,, KAYE FIST 2:.XM MMEW.--- DIST 3:HREIM DIST 4: CODING: Words in strue{tthf®agh type are deletions from existing law; Words in underscored type are additions. 9