HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-007Temp. Ordinance # 2279
May 8, 2013
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2013- b
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER
5.6, "TELECOMMUNICATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC BY
SPECIFICALLY AMENDING SECTION 5.6-3, ENTITLED
"DEFINITIONS," TO AMEND CERTAIN DEFINITIONS AND
DEFINE ADDITIONAL TERMS ASSOCIATED WITH
COMMUNICATIONS SERVICE PROVIDERS; AMENDING
SECTION 5-6-5, ENTITLED "FEES AND PAYMENTS," TO
LIMIT THIS SECTION TO FEES CHARGEABLE
PURSUANT TO FLORIDA STATUTES; AMENDING
SECTION 5.6-6 ENTITLED "REPORTS & RECORDS,"
REPEALING THE ENTIRE SECTION AND RETITLE TO
"RESERVED"; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City, under its Home Rule authority, regulates the use of its
public rights -of -way; and
WHEREAS, Section 337.401, Florida Statutes provides for specific authority to
charge certain fees for the use of the City's public rights -of -way; and
WHEREAS, City Staff has reviewed other sections of the current ordinance and
recommends changes and adjustments to existing language; and
WHEREAS, the City Commission deems the proposed amendments to the City
of Chapter 5.6 "Telecommunications" to be in the best interests of the health, safety,
and welfare of the citizens and residents of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
Temp. Ordinance # 2279
May 8, 2013
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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 upon adoption hereof.
Section 2. That Chapter 5.6 "Telecommunications" of the City of Tamarac Code
of Ordinances be amended by:
Sec. 5.6-3. - Definitions.
For the purpose of this chapter, the following terms, phrases, words and derivations
shall have the meanings given herein. When 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 herein or in any permit that might be granted hereunder shall be given the
meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., as
amended (collectively the "Communications Act"), and, if not defined therein, as defined
by Florida Statute; and, if not defined therein, be construed to mean the common and
ordinary meaning.
City means the City of Tamarac, an incorporated municipality of the State of Florida, in
its present form or in any later reorganized, consolidated, or enlarged form.
Communications facility is a facility that may be used to provide communications
services. Multiple cables, conduits, strands, or fibers located within the same conduit
and used together by a single communications services provider for the provision of that
provider's service shall be considered one communications facility.
Communications Services has the same meaning as provided in Chapter 20.2 Florida
Statutes.
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Temp. Ordinance # 2279
May 8, 2013
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Laws of PeFida, •••
Law means any local, state or federal legislative, judicial or administrative order,
certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff,
guideline or other requirements, as amended, now in effect or subsequently enacted or
issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. 151 et
seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104-104 101(a),
110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and
regulations issued by the Federal Communications Commission or the governing state
authority pursuant thereto.
Pass -through provider has the same meaning as provided in Section 337.401(6)(a)l .,
Florida Statutes.
Person means any individual, corporation, partnership, association, joint venture,
estate, trust, syndicate, fiduciary, organization or legal entity of any kind, and any lawful
trustee, successor, assignee, transferee or personal representative thereof, and all
other groups or combinations.
PSC means the Florida Public Service Commission.
Public rights -of -way means the surface, the airspace above the surface and the area
below the surface of any public street, highway, road, boulevard, concourse, driveway,
freeway, thoroughfare, parkway, sidewalk, court, lane, path, alley, way, drive, circle,
public easement, public place, or any other property for which the city is the authority
that has jurisdiction and control and may lawfully grant access to such property
pursuant to applicable law. "Public rights -of -way" shall not include any real or personal
city property except as described above and shall not include city buildings, fixtures, or
other structures or improvements, regardless of whether they are situated in the public
rights -of -way. For the purpose of calculating the fees and payments provided in Section
5.6-5, "public rights -of -way" shall not include roads or rights -of -way that extend in or
through the city but are state, county, or another authority's roads or rights -of -way.
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Registrant or facility owner shall mean a telecommunications company or other person
which seeks to use or occupy the public rights -of -way that has registered with the city in
accordance with the provisions of this chapter.
Registration and register shall mean the process described in section 5.6-4 whereby a
telecommunications service provider provides certain information to the city.
Telecommunications company has the meaning set forth in section 364.02(12), Florida
Statutes, as amended. The term -"teIeee a#+sRs-ee pally" deer-met-+RGlude an
Telecommunications facilities, facilities or systems means any facility, equipment or
property, including, but not limited to, cables, conduits, converters, splice boxes,
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cabinets, handholes, manholes, vaults, equipment, drains, surface location markers,
appurtenances, located, to be located, used, or intended to be used, in the public rights -
of -way of the city to transmit, convey, route, receive, distribute, provide or offer
telecommunications services.
Telecommunications service shall include, without limitation, the transmission,
conveyance or routing of voice, data, audio, video, or any other information or signals to
a point, or between or among points, by and through electronic, radio, satellite, cable
optical, microwave, or other medium or method now in existence or hereafter devised,
regardless of the protocol used for such transmission or conveyance.
" Telecommunications service," as contemplated herein, does not
include the provision of service via an open video system or a cable service which shall
require separate authorizations from the city.
Telecommunications service provider shall refer to any person making available or
providing telecommunications services, as defined herein, through the use of a
telecommunications facility in the public rights -of -way.
Sec. 5.6-5. - Fees and payments.
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(Iba) A regist
, FlGrida StaU 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 or portion thereof. ef aRy Gable, fiber GptiG, er etheF pathway that makes
ens of five— iURdFed—della-rs—($589.00) per—Iinea-r mile shall beappliedR a
(2) The FeaseRhle nnct of the regulateryntivity of the City; and
(r ) The
pFev+deF.
(b) The amounts charged pursuant to this section shall be calculated in the manner
provided in Section 337.401(6)(d), Florida Statutes.
(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 or pass -through provider 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
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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
communications facility.
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(fee) For the fiscal year of the city commencing on October 1, 2001 and ending on
September 30, 2002, the city hereby establishes the rate of the communications
services tax at a rate of five and one -tenth (5.10) percent as authorized by section
202.19(2)(a), Florida Statutes, plus two -tenths (0.20) percent as permitted by section 13
of chapter 2001-140 of the Laws of Florida, plus twelve one -hundredths (0.12) percent
as permitted by section 337.401, Florida Statutes, for a total of five and forty-two one -
hundredths (5.42) percent.
(gf) On and after October 1, 2002, the city hereby establishes the rate of the
communications services tax at a rate of five and one -tenth (5.10) percent as authorized
by section 202.19(2)(a), Florida Statutes, plus twelve one -hundredths (0.12) percent as
permitted by section 337.401, Florida Statutes, for a total of five and twenty-two one -
hundredths (5.22) percent.
(#g) The city hereby instructs the state department of revenue to collect the
communications services tax at the rates set forth in subsections (fe) and (gf) of this
section effective October 1, 2001.
Sec. 5.6-6. - Reports and reGords.
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FegistFant shall pay all reasGRable GGStS, fees .. expGRses ef the audit. This paragraph
shall net apply fer perieds after QGteber 1, 2001, GF GUGh otheF date as previded by law,
,wrsaiLs'na! Vant onnfiacs 337.4611,Floridau ... effeGtiVe QGteber
2000.
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Mr.
GORfideRtial te the eXteRt FeqUiFed URder Flerida Statutes; [Reserved] C
Section 3. It is the intention of the City Commission of the City of Tamarac that
the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Tamarac, Florida, that only those provisions of said Code of
Ordinances specifically addressed herein be amended while all others remain
unchanged, and that the Sections of this ordinance may be renumbered, re -lettered and
the word "Ordinance" may be changed to "Section" "Article" or such other word or
phrase in order to accomplish such intention.
Section 4. If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the remaining portions or applications remaining in full force and effect.
Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
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Temp. Ordinance # 2279
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Section 6. This Ordinance shall become effective on immediately upon adoption,
as provided by Florida law.
PASSED, FIRST READING this day of '2013.
PASSED, SECOND READING this day of , 2013.
r�
BY:
ATTEST- MAYOR BETH TALABISCK
zpl'a�RECORD OF COMMISSION VOTE: 1ST Reading
PAT TUEFEL, CPC'
INTERIM CITY CLERK MAYOR TALABISCO
DIST 1: COMM. BUSHNELL G
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO W�
DIST 1: COMM. BUSHNELL
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. GLASSER-�
`USA UEL S. GOREN DIST 4: V/M DRESSLER
CITY ATTORNEY
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