HomeMy WebLinkAboutCity of Tamarac Resolution R-96-1841
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- / bp
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING PARTICIPATION IN
THE TELECOMMUNICATIONS GROUP COMPRISED OF
BROWARD COUNTY MUNICIPALITIES DESIRING TO
SHARE THE COSTS FOR EMPLOYING A CONSULTANT TO
DRAFT MODEL CABLE/TELECOMMUNICATIONS
LEGISLATION CONSISTENT WITH THE
TELECOMMUNICATIONS ACT OF 1996 ("ACT");
AUTHORIZING PARTICIPATION IN THE INTERLOCAL
AGREEMENT BETWEEN MUNICIPALITIES OF BROWARD
COUNTY FORMING THE TELECOMMUNICATIONS GROUP;
AUTHORIZING THE EXPENDITURE OF MONEY TO FUND
THE EMPLOYMENT OF CONSULTANTS WITH EXPERTISE
IN THE ACT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Telecommunications Act of 1996, hereinafter referred to as the
"Act", was signed into law on February 8, 1996 by the federal government; and
WHEREAS, Section 704 of the Act relating to facilities siting, preserves the authority
of state and local government over decisions regarding the placement, construction, and
modification of personal wireless service facilities; and
WHEREAS, the Act further provides that a state or local government shall act on
any request for authorization to place, construct, or modify personal wireless service
facilities within a reasonable period of time after the request is filed with the government;
Flit:
WHEREAS, the telecommunications industry is currently undergoing tremendous
growth and the City Commission of the City of Tamarac, Florida desires to ensure
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municipal regulations are consistent with the provisions of the Act in all areas, including but
not limited to minimum standards for wireless communication, telephone services, cable
services and open video systems, and the location and approval of communications
antennas and towers and other facilities relating thereto which are consistent with the Act;
and
WHEREAS, on or about August 1, 1996, and thereafter, the Federal
Communications Commission promulgated voluminous regulations and standards relating
to telecommunications, including but not limited to telephone, cable, wireless
communication services and open video systems; and
WHEREAS, on August 16, 1996, the City Manager of the City of Coconut Creek
proposed to all Broward County municipality City Managers to join in an Interlocal
Agreement to share the services of a telecommunications consultant, Mr. Joe Van Eaton,
an attorney with Miller -Canfield, who will work with the City of Tamarac to prepare
appropriate legislation ordinances relative to cable, wireless, open video systems, tower
sitings, et al; and
WHEREAS, a contract agreement will be a separate document from the Interlocal
Agreement; and
WHEREAS, the City Commission of the City of Tamarac hereby desires to enter into
the Telecommunications Group Interlocal Agreement to obtain a consultant who shall
prepare a model cable/telecommunications ordinance in accordance with the terms and
provisions of the Telecommunications Act of 1996; and
WHEREAS, the City Manager, Assistant City Manager, MIS Director, and Senior
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Planner recommend approval; and
WHEREAS, it is in the best interests of the citizens of the City of Tamarac to join
together with other municipalities in Broward County and become part of the
Telecommunications Group, hereinafter referred to as the "Group" to share the costs of
hiring consultants to prepare model telecommunications legislation and advise the City of
Tamarac the applications and function of the Act; and
WHEREAS, the City Commission of the City of Tamarac agrees to become a party
to the Interlocal Agreement, hereinafter referred to as "Agreement" with other municipalities
in the County, for the purposes of sharing the cost associated with the employment of a
consultant; and
WHEREAS, the City, as a party to the Agreement, should expend an amount of
$7,500 to fund the expenses of the Group in obtaining the services of a consultant to
prepare a model ordinance based on the Act and federal regulations;
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve the
Telecommunications Group Interlocal Agreement comprised of Broward County
municipalities desiring to share the cost for employing a consultant to draft model
cable/telecommunications legislation consistent with the Telecommunications Act of 1996,
and authorizing participation in the Interlocal Agreement between the municipalities of
Broward County forming a telecommunications group.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
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confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac, Florida, hereby
authorizes that the City of Tamarac join other municipalities of Broward County in
organizing the Group in order to establish a formal association interested in seeking
funding to employ a consultant to draft model telecommunications legislation consistent
with the Act and subsequent federal regulations and to advise the Group with regards to
the application, functions, and effects of the Act and regulations.
SECTION 3: The City Commission of the City of Tamarac, Florida hereby
authorizes that the City enter into an Interlocal Agreement (hereinafter referred to as
Exhibit"1 ") with other municipalities in the Group, which shall remain in effect until the goals
and objectives of the Group are satisfied.
SECTION 4: The City Commission of the City of Tamarac, Florida, hereby
authorizes the expenditures of $7,500.00 to fund the expenses of the Group.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its passage
and adoption.
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PASSED, ADOPTED AND APPROVED this 11 day of S�p�
ATTEST:
1
CAROL A. EVANS, C.M.C.
City Clerk
HEREBY CERTIFY that I have
approved this RESOLU ION as to form.
MITC-fiELL S. KRAFT
City Attorney
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1996.
%NRMAN ABRAMOWITZ
Mayor
RECORD OF COMMISSION VOTE
MAYOR
DIST 1:
DIST 2:
DIST 3:
DIST 4:
EXHIBIT 69
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TELECOMMUNIGATTONS GROUP INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, (hereinafter "Agreement") dated
this day of .+'' , 1996, is made by and among the
participating municipalities of Broward County, Florida,
(hereinafter "Telecommunications Group") Listed on Exhibit "A"
attached hereto and by this reference made a part hereof.
WHEREAS, the Telecommunications Group desires to enter into
this Agreement to share the costs associated with employing a
consultant to draft model cable/telecommunications legislation and
advise the Group on the applications, functions, and implications
of the Telecommunications Act of 1996 ("Act") and Federal
Communications Commission regulations; and
WHEREAS, the telecommunications industry is currently
undergoing tremendous growth and the Telecommunications Group
desires that their local ordinances be consistent with the
provisions of the Act in all areas, including but not limited to
minimum standards for wireless communication, telephone services,
cable services and open video systems, and the location and
approval of communications antennas and towers and other facilities
relating thereto which are consistent with the Act; and
WHEREAS, on or about August 11 1996 and thereafter, the
Federal Communications Commission promulgated voluminous
regulations and standards relating to telecommunications, including
but not limited to telephone, cable, wifeless communication
services and open video systems; and
WHEREAS, other municipalities of Broward County must confront
the same task of reviewing and studying the Act and regulations of
Federal Communication Commission, to ensure that local ordinances
are consistent with the requirements of the Act; and
IN CONSIDERATION of the mutual covenants, promises, terms and
conditions set forth herein, the Telecommunications Group hereby
agrees as follows:
pugEosr ANn INTENT AND DEFINITIONS
1.1 The above recitals are true and correct and are incorporated
herein as if set forth in full hereunder.
1.2 It is the purpose and intent of this Agreement for the
Telecommunications Group to obtain a consultant who shall
prepare model cable/telecommunications legislation in
accordance with the terms and provision of the Act and the
(950346\Agmt\inter. Loe] Page 1 of 5
regulations of the Federal communications Commission and
advise the Telecommunications Group of the applications,
implications, and functions of such laws and regulations.
1.3 It the purpose and intent of this Agreement to protect. the
property rights of local governments related to access and
ongoing use by telecommunications, providers of public rights
of way of the Telecommunications Group pursuant to all powers
and purposes authorized by law.
1.4 It is the purpose and intent of this Agreement that each of
the members of the Telecommunications Group participate, make
payments, and cooperate in advancing the goals of the
Telecommunications Group.
2.1 The Telecommunications Group shall consist of those
municipalities described in Exhibit "A," for the purposes of
establishing the Telecommunications Group and this Agreement.
Thereafter, the Telecommunications Group shall consist of any
additional municipalities desiring to become a party to this
Agreement, listed from time to time on a certified, dated
Is copy of Exhibit "A," revised in accordance with the provisions
of Section 2.2.
2.2 Any Broward County municipality -may become a member of the
Telecommunications Group upon satisfaction of each of the
following -requirements:
2.2.1 On or before September 3, 1996, the governing body of the
municipality approves a resolution authorizing
partioipation and files a certified copy of that
resolution with John Kelly of the City of Coconut Creek,
and makes contribution payment of $7,500.00 to the budget
of the Group.
2.2.2 A designated member of the Telecommunications Group
shall execute an amended Exhibit "A" to the Agreement
containing the names of the Telecommunications Group, to
include the newly added municipality, and distribute an
originally signed and dated copy of the amended Exhibit
"A" to each member of the Telecommunications Group.
2.3 An entity, other than a Broward County municipality may
become a member of the Telecommunications Group, upon
majority vote of the Group members and execution of
appropriate amendment to this Agreement.
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ARTIrIZ 3
ADMINI��tATION AND FUND NG OF GROUP'S ACTIVITIES
3.1 Each party to this Agreement shall designate a representative
and an alternate who shall attend Telecommunications Group
meetings and serve as the contact person for his/her
municipality. A list of the contact person for each of the
Telecommunications Group Cities is attached hereto and made a
part hereof as Exhibit "B".
3.2 The City of Coconut Creek shall be responsible for the
administration of this Agreement, including but not limited to
disbursing information received relative to telecommunication
matters affecting the Telecommunications Group.
3.3 The City of Coconut Creek shall be responsible for balling
the Telecommunications Group and maintaining records of
payment. Upon completion of the term of this Agreement, the
City of Coconut Creek shall provide all Telecommunications
Group Cities an accounting for any and all funds expended from
the Telecommunications Group's budget.
3.4 The Telecommunications Group shall have an initial budget of
$37,500. The budget may be increased as needed if such
increase is approved by a majority of the members of
Telecommunications Group. The scope of the expenses of the
budget shall include, but not be limited to, the employment of
a consultant to draft model cable\telecommunications
legislation relative to Gable, wireless communications, and
open video systems, and advise the Telecommunications Group of
the applications, implications, and functions of the Act and
federal telecommunications regulations. Expenditures of the
Telecommunications Group must be pre -approved by a majority of
the Telecommunications Group which are a party to this
Agreement.
3.5 Members of the Telecommunication Group shall make timely
payments to the city of Coconut Creek prior to the
commencement of the term of this Agreement.
3.6 Each City shall contribute equally to the Telecommunications
Group's budget, in an amount of $7,500. Upon fulfillment of
the intent and purpose of this Agreement and after all legal
obligations, including the payment to Consultant, have been
satisfied, if any money remains in the budget, it shall be
reimbursed equally to the members of the Telecommunications
Group.
ARTICLE 4
TERM AND TERMINATION
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Agreement shall Commence on
4.1 This Agr August 1, 1996, and shall be
effective until the purposes and goals of this Agreement are
accomplished.
4.2 A party to this Agreement may not unilaterally terminate the
Agreement.
4.3 Any member of the Telecommunications Group may withdraw, upon
30 days written notice, without reimbursement of its
contribution.
4.4 The Telecommunications Group may be dissolved by a majority
consent of the Telecommunications Group. Upon dissolution,
after all legal obligation of the Telecommunications Group
have been met and satisfied, the balance shall be distributed
.proportionally to the members of the Telecommunications Group
which made monetary contributions. The dissolution of the
Telecommunications Group shall automatically terminate this
Agreement.
ABLE 5
5.1 This Agreement incorporates, supersedes and includes all prior
negotiations, correspondence, conversations, agreements or
understandings applicable to the matter contained herein.
5.2 Whenever a party desires to give notice to another, such
notice must be in writing and a copy of same shall be sent to
John Kelly with the City of Coconut Creek so that all records
of the activities of the Telecommunications Group may be
preserved and maintained in one locale.
5.3 Action of the Telecommunications Group, including an amendment
to this Agreement and an increase the Telecommunications
Groups' budget, shall be taken by a majority vote of the
Telecommunications Group in favor of such action, wherein each
City shall have one vote.
5.4 If any section or provision of this Agreement shall be found
invalid, that provision shall be severable and the balance of
the Agreement shall remain in full force and effect.
5.5 This Agreement shall be governed by the laws of Broward
County, Florida.
5_6 This Agreement shall become effective upon approval by the
governing bodies of the Telecommunications Group and execution
by their authorized officers. The Agreement may be executed
in counterparts.
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IN WITNESS WHEREOF, the parties have made this Agreement ON
the respective dates under each signature:
Z C'ty Witnesses:
-- Zi
ATTEST:
Carol A. Evans, C1tY C1.erk
19503461Agmt\1nter.Loc1
City of Tamarac
9--4
doorman Abramowitz, Mayor
day of , 1996.
By
Robert S. Noe.,Jr.,City Man /ger
day of 1996.
APP D AS TO
Ey i
ity Attorney
Mitchell S . Kraft
Page 5 of 5
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PA CXPA G MU LI
CITY OF COCONUT CREEK
CITY OF CORAL SPRINGS
TOWN OF DAVIE
CITY OF MIRAMAR
F,XHIBIT "A"
D F N y Z AGR ENT
CITY OF PEMBROKE PINES
CITY OF TAMARAC
Collectively referred to as the "Telecommunications Group" or
"Group."
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EXHIBIT "B"
TELECOMMUNICATIQNS GROUP
M
Contact Pers n
Teleephone_ o.
Fax No.
Coconut Creek
John Kelly
973-6720
973-6777
Coral Springs
Chuck Schawbe
344-1008
344-1043
Davie
Bob Flatley
797-1035
797-2061
Miramar
Rob Frank
967-1655
967-1656
Pembroke Pines
Paul Wattles
435-6506
437-1149
Tamarac
Robert S. Noe, Jr.
724-1230
724-2454
C
Qijy AttoTney_
Telephone No.
Fax NQ..
Coconut Creek
Paul Stuart
764-7676
763-4856
Coral Springs
Steven L. Josias
771-4500
771-4923
Kerry L. Ezrol
Davie
Barry Webber
587-3058
587-1770
Miramar
Richard Weiss
(305)854-0800
854-2323
Pembroke Pines
Steven L. Josias
771-4500
771-4923
Kerry L. Ezrol
Tamarac
Mitchell S. Kraft
724-1240
724-2454