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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2001-011Temp. Ord. # 1931 — June 5, 2001 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2001-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING SECTION 5.6- 5 "FEES AND PAYMENTS" OF CHAPTER 5.6 "TELECOMMUNICATIONS" OF THE CITY OF TAMARAC CODE OF ORDINANCES, IMPLEMENTING THE "COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT" (CHAPTER 2000-260, LAWS OF FLORIDA) AND COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE FOR SENATE BILL 1878, PASSED DURING THE 2001 STATE LEGISLATIVE SESSION, WHICH RESTRUCTURES THE CITY'S COMMUNICATIONS SERVICES TAX AND FEE STRUCTURE; AMENDING SECTION 20-42 "FEES" OF CHAPTER 20 "STREETS AND SIDEWALKS" OF THE CITY OF TAMARAC CODE OF ORDINANCES, PROVIDING FOR WAIVER OF PERMIT FEES FOR TELECOMMUNICATIONS SERVICES PROVIDERS PURSUANT TO SECTION 337.401, FLORIDA STATUTES, AS AMENDED BY COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE FOR SENATE BILL 1878, PASSED DURING THE 2001 STATE LEGISLATIVE SESSION; AUTHORIZING AND DIRECTING THE CITY CLERK TO PROVIDE NOTIFICATION TO THE DEPARTMENT OF REVENUE VIA CERTIFIED MAIL POSTMARKED BY JULY 16, 2001; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2000 Legislative Session, the Florida State Legislature passed the Communications Services Tax Simplification Act, which, among other things, reforms the tax laws to "provide a fair, efficient, and uniform method for taxing communications services sold within the State of Florida"; and WHEREAS, the Communications Services Tax Simplification Act (Chapter 2000- 260 of the Laws of Florida) became effective on July 1, 2000; and Coding: Words in &+rkg, type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 2 WHEREAS, during the 2001 Legislative Session, the Florida State Legislature passed Committee Substitute for Committee Substitute for Senate Bill 1878 (CS for CS for SB 1878) (Chapter 2001-Mc of the Laws of Florida), which implemented Chapter 2000-260 of the Laws of Florida; and WHEREAS, these two pieces of legislation are commonly referred to as the Communications Services Tax Simplification Act ("Act"); and WHEREAS, the Act revises the structure and process of collecting assorted franchise fees and communications -related taxes; and WHEREAS, a new tax is not created; and WHEREAS, the tax will replace the franchise fees for cable services, the franchise fees for telecommunications, and the gross receipts tax on telecommunications services, and in some jurisdictions, permit fees from communications services providers wanting to do work within the City's rights -of -way; and WHEREAS, the restructured Communications Services Tax will become effective October 1, 2001; and WHEREAS, the City's franchise agreement with BellSouth for telecommunications services that was implemented in the 1970s will no longer be effective; and WHEREAS, the City's franchise agreement with AT&T Broadband for the provision of cable television services will still be effective, with the exception of sections applicable to franchise fees, once the Communications Services Tax becomes effective; and Coding: Words in &tF +o " R type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 3 WHEREAS, the Director of Finance, the Assistant to the City Manager and the City Manager recommend that Section 5.6-5 "Fees and Payments" and Section 20-42 "Fees" of the City of Tamarac Code of Ordinances be amended to reflect the State - mandated revised taxing structure; 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 Section 5.6-5 "Fees and Payments" and Section 20-42 "Fees" of the City of Tamarac Code of Ordinances be amended to reflect the State -mandated revised taxing structure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. SECTION 2: Section 5.6-5 "Fees and payments" of Chapter 5.6 "Telecommunications" of the City of Tamarac Code of Ordinances is hereby amended as follows: Sec. 5.6-5. Fees and payments. (a) In consideration for the rights, privileges and permission granted hereunder, a registrant hereunder shall pay to the city annually a sum equal to one (1) percent of gross receipts of the registrant on recurring local service revenues for services provided within the corporate limits of Coding: Words in s+.k6" type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 4 the city. Included within such one (1) percent maximum fee or consideration are all taxes, licenses, fees, in -kind contributions accepted pursuant to Florida Statute 337.401(5), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed by the city upon a registrant. In the event that applicable law currently permits or is amended to permit the city to collect a fee higher than one (1) percent, or permits the city to calculate the fee on revenues not specified herein, the registrant shall pay, following written notice from the city, its fee payments to the city to that higher amount on the effective date of such law. In the event applicable law is amended to require the city to collect a fee lower than the current statutory limit, the city shall take all necessary steps to conform the requirements hereof to applicable law. All of the aforestated payments shall be made to the city quarterly, with such payments made within twenty (20) days following the end of each calendar quarter. Payments received after the due date stated herein shall be subject to interest in accordance with Section 55.03, Florida Statutes, or its successors. (b) A registrant, other than a registrant providing services as defined in Section 203.012(3), Florida Statutes, for occupying and using the public rights -of -way shall pay to the city annually no less than five hundred dollars ($500.00) per linear mile of any cable, fiber optic, or other pathway that makes physical use of the public rights -of -way. The city may adopt additional fees or other consideration, provided that any fee or other consideration imposed by the city in excess of five hundred dollars ($500.00) per linear mile shall be applied in a nondiscriminatory manner and shall not exceed the sum of: (1) Costs directly related to the inconvenience or impairment solely caused by the disturbance of the public rights -of -way; (2) The reasonable cost of the regulatory activity of the city; and (3) The proportionate share of cost of land for such street, alley or other public way attributable to utilization of the public rights -of - way by a telecommunications service provider. The fee or other consideration imposed pursuant to this subsection shall not apply in any manner to any telecommunications company that provides telecommunications services as defined in Section 203.012(3), Florida Statutes for any services provided by such Telecommunications Company. 1 Coding: Words in &trke4hfeu0 type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 5 1 (c) Notwithstanding anything herein to the contrary, the city shall at all times hereby require the maximum compensation allowed under applicable law. (d) Except to the extent prohibited by applicable law: (1) the fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax; (2) such fee payments shall be in addition to any and all taxes of a general applicability; (3) a registrant shall not have or make any claim for any deduction or other credit of all or any part of the amount of said fee payments from or against any of said city taxes or other fees or charges of general applicability which registrant is required to pay to the city, except as required by law; and (4) the fee specified herein is the consideration for use of the public rights -of -way, including all public easements, for the purpose of installing and maintaining a telecommunications facility. (e) The payments required under subsection (a) and (d) of this section shall not apply as of October 1, 2001; or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in Chapter 2000-260, Laws of Florida, 2000. (f) For the fiscal year of the City commencing on October 1 2001 and endin on September 30 2002 the City hereby establishes the rate of the Communications Services Tax at a rate of 5.10% as authorized by Section 202.19 2 a Florida Statutesplus 0.20% as permitted by Section 13 of Chapter 2001-/ V of the Laws of Floridaplus 0.12% as permitted b Section 337.401 Florida Statutes for a total of 5.42%. (g) On and after October 1 2002 the City hereby establishes the rate of the Communications Services Tax at a rate of 5.10% as authorized b Section 202.19 2 a Florida Statutesplus 0.12% as permitted b Section 337.401 Florida Statutes for a total of 5.22%. The City of Tamarac hereby instructs the Florida Department of Revenue to collect the Communications Services Tax at the rates set forth in subsections f and of this Section effective October 1 2001. SECTION 3: Section 20-42 "Fees" of Chapter 20 "Streets and Sidewalks" of the City of Tamarac Code of Ordinances is hereby amended as follows: Coding: Words in strike thFough type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 6 Sec.20-42. Fees. (a) The applicant for a permit required by this division shall pay to the city as a permit fee a sum in accordance with a schedule established by resolution of the city commission. This fee schedule is available at the office of the city clerk for purchase by the public. (b) Except for emergencies, the above permit fees shall be doubled if work commences before a permit is issued to the applicant. If the street opening is covered before test samples have been taken or the city engineer has granted permission, he may order the backfill and/or restoration work removed for whatever testing and inspection he requires. Permits expire sixty (60) calendar days following issuance; however, one (1) thirty -day extension may be granted for good cause by the city engineer. (c) Utility companies whose franchise agreement with the city provides for the deduction of permit and/or inspection fees and/or costs from time to time may obtain permits without the payment of fees therefor. (d) Effective October 1, 2001, -providers of communications services that use or occupy municipal roads or rights -of -way for the provision of communications services are not required to pay such permit fees as established in subsection_( herein pursuant to Section 337; 401, Florida Statutes and Sections 5.6-5 f and 5.6-5 of the City of Tamarac Code of Ordinances. (4)(e) For the purpose of this section, "street" shall mean the entire public right-of-way, whether paved or not; and "street cut" shall mean any excavation within, on or under the street, and including boring and jacking operations. SECTION 4: The City Clerk is hereby authorized and directed to transmit a copy of this signed ordinance to the Department of Revenue via certified mail postmarked by July 16, 2001, as provided in Section 34 of Committee Substitute for Committee Substitute for Senate Bill 1878 (CS for CS for SB 1878) (Chapter 2001-Z,4cof the Laws of Florida). Coding: Words in strike through type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 7 1 1 1 SECTION 5: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or other such word or phrase in order to accomplish such intention. SECTION 6: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Ordinance or the application thereof -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 to this end the provisions of this Ordinance are declared to be severable. Coding: Words in met g# type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 8 SECTION 8: passage and adoption. This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 13th day of June, 2001. PASSED, SECOND READING this 27th day of June, 2001. TTEST: ' M ARION SSON, CMC CITY CL-ERK I'HEREBY CERTIFY that I have approved ttys RESOLUTION s to form. IN r_rato] J Schreiber Mayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _ DIST 1: COMM. PORTNE DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF DISTAYC-SMM. ROBERT Coding: Words in skil% thFsUgh type are deletions from existing law. Words in underscored type are additions to existing law. [7 u City of Tamarac ... . ...... "Committed to Excellence... Always" Jeffrey L. Miller City Manager June 28, 2001 Revenue Accounting Communications Services Tax Florida Department of Revenue Post Office Box 6609 Tallahassee, Florida 32399-6609 Re: Communications Services Tax Rate Selections To Whom It May Concern: Please be advised that at its meeting on June 27, 2001, the Tamarac City Commission approved an ordinance implementing the Communications Services Tax legislation passed by the State Legislature during the 2001 Legislative Session. The City's Ordinance also selects the Communications Services Tax Rates for the City of Tamarac. Enclosed is a copy of the ordinance for your records. Effective October 1, 2001, the City of Tamarac will not be collecting permit fees from providers of communications services that use or occupy municipal roads or rights - of -way for the provision of communications services pursuant to Section 337.401, Florida Statutes. For the fiscal year of the City commencing on October 1, 2001 and ending on September 30, 2002, the City established the rate of the Communications Services Tax at a rate of 5.10% as authorized by Section 202.19(2)(a), Florida Statutes, plus 0.20%, as permitted by Section 13 of Chapter 2001-140 of the Laws of Florida, plus 0.12%, as permitted by Section 337.401, Florida Statutes, for a total of 5.42%. On and after October 1, 2002, the City established the rate of the Communications Services Tax at a rate of 5.10% as authorized by Section 202.19(2)(a), Florida Statutes, plus 0.12%, as permitted by Section 337.401, Florida Statutes, for a total of 5.22%. 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 • (954) 724-1230 • Fax (954) 724-2454 • jeffm@tamarac.org Equal Opportunity Employer June 28, 2001 Page 2 Mr. Robert Lange, Director of Finance, will be your contact person with the City concerning this matter. Please feel free to contact him at (954) 724-1310 with any questions or concerns. Sincerely, :tyl Miller City Manager /klm CC: Mitchell S. Kraft, City Attorney Maria Swanson, Interim Assistant City Manager/Personnel Director Robert Lange, Director of Finance Raj Verma, Director of Public Works 7001 3360 0003 8356 7005 n' o m [A Tii YC kti�i Ny�,�xx,� n m m m N O W i� Uj Temp. Ord. # 1931 — June 5, 2001 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2001-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING SECTION 5.6- 5 "FEES AND PAYMENTS" OF CHAPTER 5.6 "TELECOMMUNICATIONS" OF THE CITY OF TAMARAC CODE OF ORDINANCES, IMPLEMENTING THE "COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT" (CHAPTER 2000-260, LAWS OF FLORIDA) AND COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE FOR SENATE BILL 1878, PASSED DURING THE 2001 STATE LEGISLATIVE SESSION, WHICH RESTRUCTURES THE CITY'S COMMUNICATIONS SERVICES TAX AND FEE STRUCTURE; AMENDING SECTION 20-42 "FEES" OF CHAPTER 20 "STREETS AND SIDEWALKS" OF THE CITY OF TAMARAC CODE OF ORDINANCES, PROVIDING FOR WAIVER OF PERMIT FEES FOR TELECOMMUNICATIONS SERVICES PROVIDERS PURSUANT TO SECTION 337.401, FLORIDA STATUTES, AS AMENDED BY COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE FOR SENATE BILL 1878, PASSED DURING THE 2001 STATE LEGISLATIVE SESSION; AUTHORIZING AND DIRECTING THE CITY CLERK TO PROVIDE NOTIFICATION TO THE DEPARTMENT OF REVENUE VIA CERTIFIED MAIL POSTMARKED BY JULY 16, 2001; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2000 Legislative Session, the Florida State Legislature passed the Communications Services Tax Simplification Act, which, among other things, reforms the tax laws to "provide a fair, efficient, and uniform method for taxing communications services sold within the State of Florida"; and WHEREAS, the Communications Services Tax Simplification Act (Chapter 2000- 260 of the Laws of Florida) became effective on July 1, 2000; and Coding: Words in &#ke4hrGuo type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 -- June 5, 2001 Page 2 WHEREAS, during the 2001 Legislative Session, the Florida State Legislature passed Committee Substitute for Committee Substitute for Senate Bill 1878 (CS for CS for SB 1878) (Chapter 2001-Z�c of the Laws of Florida), which implemented Chapter 2000-260 of the Laws of Florida; and WHEREAS, these two pieces of legislation are commonly referred to as the Communications Services Tax Simplification Act ("Act"); and WHEREAS, the Act revises the structure and process of collecting assorted franchise fees and communications -related taxes; and WHEREAS, a new tax is not created; and WHEREAS, the tax will replace the franchise fees for cable services, the franchise fees for telecommunications, and the gross receipts tax on telecommunications services, and in some jurisdictions, permit fees from communications services providers wanting to do work within the City's rights -of -way; and WHEREAS, the restructured Communications Services Tax will become effective October 1, 2001; and WHEREAS, the City's franchise agreement with BellSouth for telecommunications services that was implemented in the 1970s will no longer be effective; and WHEREAS, the City's franchise agreement with AT&T Broadband for the provision of cable television services will still be effective, with the exception of sections applicable to franchise fees, once the Communications Services Tax becomes effective; and Coding: Words in strike„ type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 3 WHEREAS, the Director of Finance, the Assistant to the City Manager and the City Manager recommend that Section 5.6-5 "Fees and Payments" and Section 20-42 "Fees" of the City of Tamarac Code of Ordinances be amended to reflect the State - mandated revised taxing structure; 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 Section 5.6-5 "Fees and Payments" and Section 20-42 "Fees" of the City of Tamarac Code of Ordinances be amended to reflect the State -mandated revised taxing structure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. SECTION 2: Section 5.6-5 "Fees and payments" of Chapter 5.6 "Telecommunications" of the City of Tamarac Code of Ordinances is hereby amended as follows: Sec. 5.6-5. Fees and payments. (a) In consideration for the rights, privileges and permission granted hereunder, a registrant hereunder shall pay to the city annually a sum equal to one (1) percent of gross receipts of the registrant on recurring local service revenues for services provided within the corporate limits of Coding: Words in rike thFOUgb type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 4 the city. Included within such one (1) percent maximum fee or consideration are all taxes, licenses, fees, in -kind contributions accepted pursuant to Florida Statute 337.401(5), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed by the city upon a registrant. In the event that applicable law currently permits or is amended to permit the city to collect a fee higher than one (1) percent, or permits the city to calculate the fee on revenues not specified herein, the registrant shall pay, following written notice from the city, its fee payments to the city to that higher amount on the effective date of such law. In the event applicable law is amended to require the city to collect a fee lower than the current statutory limit, the city shall take all necessary steps to conform the requirements hereof to applicable law. All of the aforestated payments shall be made to the city quarterly, with such payments made within twenty (20) days following the end of each calendar quarter. Payments received after the due date stated herein shall be subject to interest in accordance with Section 55.03, Florida Statutes, or its successors. (b) A registrant, other than a registrant providing services as defined in Section 203.012(3), Florida Statutes, for occupying and using the public rights -of -way shall pay to the city annually no less than five hundred dollars ($500.00) per linear mile of any cable, fiber optic, or other pathway that makes physical use of the public rights -of -way. The city may adopt additional fees or other consideration, provided that any fee or other consideration imposed by the city in excess of five hundred dollars ($500.00) per linear mile shall be applied in a nondiscriminatory manner and shall not exceed the sum of: (1) Costs directly related to the inconvenience or impairment solely caused by the disturbance of the public rights -of -way; (2) The reasonable cost of the regulatory activity of the city; and (3) The proportionate share of cost of land for such street, alley or other public way attributable to utilization of the public rights -of - way by a telecommunications service provider. The fee or other consideration imposed pursuant to this subsection shall not apply in any manner to any telecommunications company that provides telecommunications services as defined in Section 203.012(3), Florida Statutes for any services provided by such Telecommunications Company. 1 Coding: Words in s'•'k�, type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 5 (c) Notwithstanding anything herein to the contrary, the city shall at all times hereby require the maximum compensation allowed under applicable law. (d) Except to the extent prohibited by applicable law: (1) the fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax; (2) such fee payments shall be in addition to any and all taxes of a general applicability; (3) a registrant shall not have or make any claim for any deduction or other credit of all or any part of the amount of said fee payments from or against any of said city taxes or other fees or charges of general applicability which registrant is required to pay to the city, except as required by law; and (4) the fee specified herein is the consideration for use of the public rights -of -way, including all public easements, for the purpose of installing and maintaining a telecommunications facility. (e) The payments required under subsection (a) and (d) of this section shall not apply as of October 1, 2001; or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in Chapter 2000-260, Laws of Florida, 2000. For the fiscal year of the City commencing.on October 1 2001 and ending on September 30 20p2 the Cit hereb establishes the rate of the Communications Services Tax at a rate of 5.10% as authorized by Section 202.19 2 a Florida Statutesplus 0.20% as permitted by Section 13 of Cha ter 2001-/ a of the Laws of Florida lus 0.12% as ermitted b Section 337.401 Florida Statutes for a total of 5.42%. (g) On and after October 1 2002 the City hereby establishes the rate of the Communications Services Tax at a rate of 5.10% as authorized b Section 202.19(2)(a Florida Statutes plus 0.12% as permitted b Section 337.401 Florida Statutes for a total of 5.22%. The Cit of Tamarac hereb instructs the Florida De artment of Revenue to collect the Communications Services Tax at the rates set forth in subsections f and of this Section effective October 1 2001. SECTION 3: Section 20-42 "Fees" of Chapter 20 "Streets and Sidewalks" of the City of Tamarac Code of Ordinances is hereby amended as follows: Coding: Words in 64'4 through type are deletions from existing law Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 6 Sec.20-42. Fees. (a) The applicant for a permit required by this division shall pay to the city as a permit fee a sum in accordance with a schedule established by resolution of the city commission. This fee schedule is available at the office of the city clerk for purchase by the public. (b) Except for emergencies, the above permit fees shall be doubled if work commences before a permit is issued to the applicant. If the street opening is covered before test samples have been taken or the city engineer has granted permission, he may order the backfill and/or restoration work removed for whatever testing and inspection he requires. Permits expire sixty (60) calendar days following issuance; however, one (1) thirty -day extension may be granted for good cause by the city engineer. (c) Utility companies whose franchise agreement with the city provides for the deduction of permit and/or inspection fees and/or costs from time to time may obtain permits without the payment of fees therefor. (d) Effective October 1, 2001, providers of communications services that use or occupy municipal roads or rights -of -way for the provision of communications services are not re uired to pay such permit fees as established in subsection a herein pursuant to Section 337.401,Florida Statutes and Sections 5.6-5 f and 5.6-5 of the City of Tamarac Code of Ordinances. (4)(e) For the purpose of this section, "street" shall mean the entire public right-of-way, whether paved or not; and "street cut" shall mean any excavation within, on or under the street, and including boring and jacking operations. SECTION 4: The City Clerk is hereby authorized and directed to transmit a copy of this signed ordinance to the Department of Revenue via certified mail postmarked by July 16, 2001, as provided in Section 34 of Committee Substitute for Committee Substitute for Senate Bill 1878 (CS for CS for SB 1878) (Chapter 2001-� of the Laws of Florida). Coding: Words in StFike thFGugh type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 7 11 I-] SECTION 5: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or other such word or phrase in order to accomplish such intention. SECTION 6: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Ordinance or the application thereof 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 to this end the provisions of this Ordinance are declared to be severable. Coding: Words in srt4ke4W-(type are deletions from existing law. Words in underscored type are additions to existing law. Temp. Ord. # 1931 — June 5, 2001 Page 8 SECTION 8: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 13t" day of June, 2001. PASSED, SECOND READING this 27"' day of June, 2001. TTEST: MARION SWE.NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved t s RESOLUTION ifs to form. K ITY ATT l.�• G Job Schreiber Mayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A vel DIST 1: COMM. PORTNER A ve, DIST 2: COMM. MISHKIN A e, DIST 3: V/M SULTANOF A ve, DIST . MM. ROBERTS 6ye, Coding: Words in &t_rk&44F9ugh type are deletions from existing law. Words in underscored type are additions to existing law.