HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-0161
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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.
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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.
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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
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, 1996.
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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.
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