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
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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.