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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2013-007Temp. Ordinance # 2279 May 8, 2013 Page 1 of 9 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 Page 2 of 9 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. .. ... .. - _. ... .. Page 2 of 9 CODING: Words in stFike threuo type are deletions from existing law; Words in underlined type are additions. 1 C Temp. Ordinance # 2279 May 8, 2013 Page of • 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. -_ _• .. .. ... .. .. .. _ ♦ .. • Page 3 of 9 CODING: Words in stroke thTrTFeagh type are deletions from existing law; Words in underlined type are additions. Temp.• . • May • Page . of • predefiRed traRGMiGSieR paths,whether viFtual OF phySiGal, er . GtheF Methed. .. neA61eS freM the sale 9f IGGalseFViGeS fOF.. . .. ..... . .. .... . . . .. .. .. .. . ... .. .. . .. .. . .. . . • . . M .. .KITAIR .. . . . . . . OPEN! .. .. .. . . .. . . . ... . . .. .. .. . . . . .. . .. .. . .. .... .. .... .. .. . .. .. . .. .. .. . . .. .. ... ..... .. .. .. . .. ..... . .. . .. .. . .. .... . . . . . .. .. .. . . .. .... . .. . .. .... ... .. .. ... .. ... .. . . . .. . .. . .. .. . .. . .. .. . . .. . . • •• . . . .. . . . ... . . . ... 0-11 •• _•Mir. ••• 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, Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2279 May 8, 2013 Page 5 of 9 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. • • • • • • • • • • • • • • • • • • • • • • • • • • •• •• • • • • • • • • • • • • Mm.1 • • • • =121IMMIrm • •• • • • • • • • • • • • • • •• • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • • • • WIN • • •• • • •-mi. • • • •• • • • • • • • • • • • MIN '1111Y1111iffl, ! IN • • Page 5 of 9 CODING: Words in strike threug4 type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2279 May 8, 2013 Page 6 of 9 (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 Page 6 of 9 CODING: Words in stF4ke threuo type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2279 May 8, 2013 Page 7 of 9 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. .. _. ... (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. The .. .. • .. .. .. . . .. ..ILI M,.. . ... Page 7 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2279 Page of • 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. ... .. .. .. . . .. •. . .. .. ••. 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. Page 8of9 CODING: Words in s+r'�meug# type are deletions from existing law; Words in underlined type are additions. Temp. Ordinance # 2279 May 8, 2013 Page 9 of 9 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 Page 9 of 9 CODING: Words in stroke thFeugh type are deletions from existing law; Words in underlined type are additions.