06-27-2000 Workshop Meeting
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~ntura
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2999 NE 191. Strett ;~it~ 500 Aventura. FL 33180
City Commission
Workshop Meeting
June 27, 2000 9:00 A. M.
Executive Conference Room
AGENDA
1. Telecommunications Ordinance*
2. Cultural Center Phase 1/*
3. School Update
4. July 4th Special Events Activities *
5. Health Insurance for Commissioners
(Commissioner Rogers - Libert)
6. Board Reports
*Back-up Information Exists
Next Workshop Meeting - July 24, 2000 - 9 a.m.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in this meeting because of that disability
should contact the Office of the City Clerk, 305-466-890 I, not later than two days prior to such proceeding. One
or more members of the City of Aventura Beautification Advisory Board and Recreation/Cultural Arts Advisory
Board may be in attendance.
LEIBOWITZ & ASSOCIATES, P.A.
BRAULIO L. BAEZ
JOSEPH A. BELISL.E
ILA L. FEL.O
MATTHEW L. LEIBOWITZ
CAROLINE A. SCRET
THOMAS H. WilLIAMS, JR.
MARK WISNIEWSKI
SUITE 1450
SUNTRUST INTERNATIONAL. CENTER
MIAMI, FLORIDA 33131-1715
TELEPHONE (30S) 530-1322
TELECOPIER (305) 530-9417
E-MAIL Broadlaw@aol.com
ONE SOUTHEAST THIRD AVENUE
June 5, 2000
VIA FEDEX
Mr. Eric M. Soroka
City of Aventura
Government Center
2999 N.E. 191" Street
Suite 500
Aventura, FL 33180
RE: Citv of Aventura Telecommunications Ordinance
Dear Eric:
Per your request enclosed please find a draft of the proposed telecommunications ordinance
for the City of A ventura. A redline comparing the current version with the proposed ordinance
previously proposed by the City is also provided for your reference.
The present draft seeks to conform with the recent legislation adopted by the Florida
Legislature (SB 1338), per the City Commission's direction. It is our understanding that the City
will be discussing the proposed ordinance at the workshop scheduled for June 27, 2000.
If we can be of further assistance, or if you require attendance by a representative of our Firm,
please do not hesitate to contact me.
r Sincere, .
\. ~... '\ \
, ,
\ 'i
'. taulio 1. Baez
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cc:
David Wolpin, Esq. (wi attachments)
RECEIVED
C: \225\2000IA ventura\Letters\ESoroka- T elecomOrdinance. 0605 ,wpd
June 5, 2000 (3:34pm)
OFFICE OFT HE
CITY MANAGER
CITY OF A VENTURA, FLORIDA
TELECOMMUNICATIONS ORDINANCE
Table of Contents
SECTION 1. Creation. ........................................................ 3
Section 1. Title. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2. Intent and Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3. Definitions. ................................................... 3
Section 4. Registration ................................................... 7
Section 5. Fees and Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6. Reports and Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
Section 7. Underground Installation; Relocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8. Use of Rights-of-Way. ........................................ .15
Section 9. Compliance with Other Laws; Police Power. ........................ 19
Section 10. Transfer of Control; Sale or Assignment. ..........................19
Section 11. Insurance; Surety; Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 12. Construction Bond. ...........................................22
Section 13. Enforcement Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 14. Force Majeure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 15. Reservation of Rights. ......................................... 26
SECTION 2. Repeal of Conflicting Ordinances. ................................... 26
SECTION 3. Savings. ....................................................... 26
SECTION 4. Severability...................................................... 26
SECTION 5. Effective Date. ..................................................27
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER OF THE CITY CODE BY ADDING
SECTIONS I THROUGH 16; PROVIDING THE TERMS AND
CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND
MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN,
ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER
USING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE LA W;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION; PROVIDING FORAN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Aventurahas determined it is in the public
interest of the City to permit the placement of one (I) or more Telecommunications Systems or
Facilities in the Public Rights-of-Way of the City; and
WHEREAS, it is the intent of the City Commission to encourage competition by providing
access to the Public Rights-of-Way to the City on a nondiscriminatory basis; and
WHEREAS, Section 364.0361, Florida Statutes, requires that a local government treat
Telecommunications Companies in a nondiscriminatory manner when exercising the authority to
manage the Public Rights-of-Way; and
WHEREAS, it is the intention of the City Commission to recognize the interests of
Telecommunications Service Providers to install their facilities in Public Rights-of-Way as a means
of promoting the use of such technology for the good of the people of the City; and
WHEREAS, it is the intent of the City Commission to exercise the City's authority over the
Telecommunications Service Providers' occupancy of the Public Rights-of-Way; and
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WHEREAS, these policies are in complete accord with both the letter and the spirit of the
Communications Act of 1934, as amended; and
WHEREAS, the enactment of the Telecommunications Act of 1996, amendments to
applicable statutes of the State of Florida and developments in telecommunications technology and
services have resulted in an increase in the number of persons certified by the Florida Public Service
Commission to provide Telecommunications Services; and
WHEREAS, various Telecommunications Service Providers have requested the right to
occupy the Public Rights-of- W ay of the City for the purpose of installing, maintaining and operating
Telecommunications Systems or Facilities; and
WHEREAS, it is the City's intent to treat each Telecommunications Service Provider on a
competitively neutral and nondiscriminatory basis in granting telecommunications franchises for use
of the City's Public Rights-of-Way; and
WHEREAS, the Public Rights-of-Way subject to the control of the City (I) are critical to
the travel of persons and the transport of goods and other tangibles in the business and social life of
the community by all citizens; (2) are a unique and physically limited resource and proper
management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers of
the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from
such facilities' construction, placement, relocation, and maintenance in the Public Rights-of-Way;
(3) are intended for public uses and must be managed and controlled consistently with that intent;
and
WHEREAS, it is the intent of the City to exercise its authority to impose fees and adopt
reasonable rules and regulations to the fullest extent allowed by Federal and State law.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA,
FLORIDA, AS FOLLOWS:
SECTION 1. Creation.
Sections
through
are hereby created as follows:
Section 1. Title.
This Ordinance shall be known and may be cited as the City of Aventura
Telecommunications Ordinance.
Section 2. Intent and Purpose.
It is the intent of the City of A ventura to promote the public health, safety, and general
welfare by providing for the use of the City's Public Rights-of-Way, to adopt and administer
reasonable regulations consistent with State and Federal Law, including Section 337.401, Florida
Statutes, and the City's home-rule authority in accordance with the provisions of the
Telecommunications Act of 1996, to provide for the payment of compensation and other
consideration by a Telecommunications Service Provider to the City for the cost of maintaining the
Public Rights-of- Way and for the privilege of using the City's Public Rights-of- Way for constructing
and maintaining Telecommunications Facilities; and to establish the reasonable regulations
concerning the use of the Public Rights-of-Way by all Telecommunications Service Providers
granted after the effective date of this Ordinance. In regulating its Public Rights-of-Way, the City
shall be governed by and shall comply with all applicable Federal, State and local laws and
regulations.
Section 3. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and derivations shall
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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 Franchise Agreement that might
be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47
V.S.C. 9 151 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.
A. "City" means the City of A ventura, an incorporated municipality of the State of
Florida, in its present form or in any later reorganized, consolidated, or enlarged form.
B. "Registrant" or "Facility Owner" shall mean a Telecommunications Company that
has Registered with the County in accordance with the provisions of this Ordinance.
C. "Registration" and "Register" shall mean the process described in Section 4
whereby a Telecommunications Provider provides certain information to the County.
D. "Gross Receipts" shall mean all cash, credits or property of any kind or nature, with
deductions for bad debt expense, reported as revenue items to the Registrant's audited income
statements arising from, or attributable to Recurring Local Service Revenues of Registrant within
the Franchise Area. The City reserves the right to amend the definition contained herein as permitted
by applicable Law. The definition herein shall not be applicable after October I, 2000.
E. "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
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limited to, the Communications Act of 1934, 47 D.S.C. S ISI et seq. as amended by the
Telecommunications Act of 1996, Pub 1. No. 104-1049 101(a), 110 Stat. 70 codified at 47 D.S.C.,
and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications
Commission or the governing State authority pursuant thereto.
F. "Person" means any individual, corporation, partnership, association, joint venture,
organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or
personal representative thereof, but shall not mean the City.
G. "PSC" means the Florida Public Service Commission.
H. "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, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court,
lane, path, alley, way, drive, circle, easement, public place, or any other property in which the City
holds any kind of property interest or over which the City exercises any type of lawful control and
may lawfully grant access to 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, and other structures or improvements, regardless of whether they are situated in the Public
Rights-of- Way.
1. "Recurring Local Service Revenues" means revenues from the monthly recurring
charges for local service, including but not limited to (I) recurring basic area revenues derived from
the provision of flat-rated basic area services; (2) recurring optional extended area revenues derived
from the provision of optional extended area services; (3) local private line revenues derived from
local services which provide communication between specific locations, either through dedicated
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circuits, private switching arrangements, predefined transmission paths, whether virtual or physical,
or any other method of providing such services; (4) revenues from the sale of local services for
resale; and (5) other local service revenues from the provision of secondary features that are
integrated with the telecommunications network, including, without limitation, services such as call
forwarding, call waiting, and touchtone line service. Except as provided herein, revenues from all
recurring local services provided by a Registrant over a Telecommunications Facility or System in
the Public Rights-of-Way shall constitute Recurring Local Service Revenues subject to this
Ordinance. Recurring Local Service Revenues do not include revenues from (I) toll charges for the
transmission of voice, data, video, or other information; (2) access charges paid by carriers for
origination and/or termination of toll telephone service as defined in Section 203.012(7), Florida
Statutes, or other charges required by the Federal Communications Commission which are directly
passed through to end users; (3) interstate service; (4) ancillary services such as directory advertising,
directory assistance, detailed billing services, inside wire maintenance plans, bad check charges, and
non-recurring charges for installation, move, changes or termination services; (5) cellular mobile
telephone or telecommunications services; or specialized mobile telephone or telecommunications
service; or specialized mobile radio, or pagers or paging service, or related ancillary services; (6)
public telephone charges collected On site; (7) teletypewriter or computer exchange services as
defined in Section 203.012(6), Florida Statutes; or (8) local message rated (message, unit or time
basis) and minutes of use charges in excess ofthe minimum flat-rated charges for similar services.
This definition shall not be applicable as of October 1,2001.
J. "Telecommunications Company" has the meaning set forth in Section 364.02(12),
Florida Statutes, as amended. The term "Telecommunications Company" does not include an open
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video system.
K. "Telecommunications Service" shall include, without limitation, local service, toll
service as defined in Section 203.012(7) Florida Statutes, telegram or telegraph service,
teletypewriter service, private communication service as defined in Section 203.012(4) Florida
Statutes, or any other provision of two-way communications services to the public for hire.
"Telecommunications Service", as contemplated herein, does not include the provision of service
via an open video system, which shall require separate authorizations from the City.
L. "Telecommunications Service Provider" shall refer to any person providing
Telecommunications Services, as defined herein, through the use of a Telecommunications Facility.
M. "Telecommunications Facilities", "Facilities" or "Systems" means cables,
conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface
location markers, appurtenances, and related facilities located, to be located, used, or to be used, by
a Telecommunications Service Provider in the Public Rights-of- Way of the City and used or useful
for the transmission of Telecommunications Services.
Section 4. Registration.
A. Each Telecommunications Service Provider that desires to erect, construct, install,
maintain, repair, expand, or use any Telecommunications Facilities in, under, over or across any
Public Right-of-Way in the City shall first Register with the City in accordance with the terms ofthis
Ordinance. As to Toll Service providers, such Registration shall be accepted by the City as an
ordinance of the City Commission.
B. Any Telecommunications Provider desiring to use the Public Right -of- Way shall file
a Registration with the County which shall include the following information:
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(1) identify of the applicant and name, address and telephone number of applicant's primary
contact person in connection with the Registration;
(2) general description of the services to be provided (in other words, if applicant is or
expects to be a Local Service Provider and/or a Toll Service Provider);
(3) evidence of the insurance coverage required under this Ordinance and agreement to
indemnify the County as required under this Ordinance;
(4) a copy of Federal and/or State Certification authorizing the applicant to provide
Telecommunications Services.
C. The City will review the information submitted by the applicant. Such review will
be by the City Engineer or his or her designee. If the applicant submits information in accordance
with Section 6(1) above, the Registration shall be effective and the City shall notify the applicant of
the effectiveness of Registration in writing. If the City determines that the information has not been
submitted in accordance with Section 4 B above, the City shall notify the applicant of the non-
effectiveness of Registration, and reasons for the non-effectiveness, in writing. The City shall so
reply to an applicant within thirty (30) days after receipt of registration information from the
applicant. A Registrant may cancel a Registration upon written notice to the City noticing that it will
no longer provide Local Service or Toll Service using Public Rights-of-Way in the City and will no
longer need to pull permits to perform work in Public Right-of-Way.
D. A Registration shall not convey title, equitable or legal, in the Public Right-of-Way.
Registrants may only occupy Public Rights-of-Way for Telecommunications Facilities. Registration
does not excuse a Telecommunications Provider from obtaining appropriate access or pole
attachment before locating its Facilities on another Person's facilities. Registration does not excuse
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a Provider from complying with all applicable City ordinances, including this Ordinance.
E. Each applicant for a Registration or renewal thereof shall submit a non-refundable
application fee with the application; provided that the fee may be credited against fees due under
Section 5 below. Fee amounts shall be established by Resolution of the City Commission but in no
event shall exceed the City's costs incurred in reviewing the application
F. Registration with the City shall be nonexclusive. Registration does not establish any
priority for the use of the Public Right-of-Way by a Registrant or any other Registrants. Registration
are expressly subject to any future amendment to or replacement of this Ordinance and further
subject to any additional City Ordinances, as well as any state or federal laws that may be enacted
during the term of the Registration.
Section 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 percent (I %) of Gross
Receipts of the Registrant on Recurring Local Service Revenues for services provided within the
corporate limits of the City. Included within such one percent (I %) 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 Franchise fee higher than one percent (I %), or permits the
City to calculate the fee on revenues not specified herein, the Registrant agrees to increase,
following written notice from the City, its fee payments to the City to that higher amount on the
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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 31" day shall be subject to interest at the maximum allowed by
law, and late charges of one and one-half percent (1 \1;,%) per month.
B. In the event a provides Telecommunications Services defined as toll services in
Section 203.012 (7), Florida Statutes, as a condition for granting permission to occupy or use the
Public Rights-of-Way of the City, the shall pay to the City annually no less than Five Hundred
Dollars ($500) per linear mile of any cable, fiber optic, or other pathway that makes physical use. of
the Public Rights-of-Way. Any fee or other consideration imposed by this Subsection in excess of
Five Hundred Dollars ($500) 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 which provides Telecommunications Services as
defined in Section 203.012(3), Florida Statutes for any services provided by such
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Telecommunications Company.
C. Unless otherwise prohibited by Federal or State law and except in the case as
provided in Section 337.401(3), Florida Statutes, as of the effective date of this Ordinance, if
Registrant makes payments to another jurisdiction in Florida at a higher rate or on a broader base of
gross receipts during the term(s) of the agreement entered into with the City, the Registrant agrees
to pay to the City such higher amount, effective on the date Registrant makes such payments to
another jurisdiction.
E. 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 a is required
to pay to the City, except as required by Law; and (4) the fee specified herein is the minimum
consideration for use of the Public Rights-of-Way, including all public easements, for the purpose
of operating a Telecommunications Facility.
F. The payments required under this Section shall not apply after October 1, 2001.
Section 6. Reports and Records.
A. The City may, at its option, upon sixty (60) days notice to the Registrant, but in no
event more often than once per year, examine the records and accounting files, and such other books
and records, if such records relate to the calculation of Franchise fee payments or any other payments
due to the City under the terms of a Franchise. The examination of such books, accounts, records
or other materials necessary for determination of compliance with the terms, provisions, and
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requirements of a Franchise shall be during regular hours of business of the Registrant at an office
of the Registrant located within the City, or at another location satisfactory to the City. In the event
that the City, pursuant to an audit, determines that there exists a discrepancy in the amount paid and
the amount owed to the City by the Registrant in excess of two percent (2%), Registrant shall pay
all reasonable costs, fees and expenses ofthe audit. This Section shall not apply for periods after
October 1,2001.
B. Upon reasonable request, a Registrant shall provide the following documents to the
City as received or filed:
(1) Any pleadings, petitions, notices, applications, communications,
reports and documents, and responses thereto, which may directly impact the obligations under this
Ordinance.
(2) Any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy.
C. In addition, the City may, at its option, and upon reasonable notice to the Registrant,
inspect the Facilities in the Public Rights-of-Way to ensure the safety of its residents.
D. The City shall keep any documentation, books and records of the Registrant
confidential to the extent required under Florida Statutes.
Section 7. Underground Installation; Relocation.
A. A Registrant shall install its Facilities underground, as required by applicable FPSC
rules and regulations.
B. Every Registrant which places or constructs Telecommunications Facilities
underground shall maintain appropriate participation in the regional notification center for
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subsurface installations.
C. Any Telecommunications Facilities heretofore or hereafter placed upon, under, over,
or along any Public Rights-of-Way that is found by the City to be unreasonably interfering in any
way with the convenient, safe or continuous use or the maintenance, improvement, extension or
expansion of such Public Rights-of-Way shall, upon thirty (30) days written notice to the Registrant
or its agent, be removed or relocated by such Registrant at its own expense except as explicitly
provided under Section 337.403, Florida Statutes. The City Manager may waive or extend the time
within which a Registrant shall remove or relocate a Telecommunications Facility, for good cause
shown.
D. Whenever an order of the City requires such removal or change in the location of any
Telecommunications Facility from the Public Rights-of-Way, and the Facility owner fails to remove
or change the same at its own expense to conform to the order within the time stated in the notice,
the City may proceed to cause the Telecommunications Facility to be removed. The expense thereby
incurred except as provided in Section 337.403(l)(a)-(c), shall be paid out of any money available
therefor, and such expense shall be charged against the owner of the Telecommunications Facility
and levied, collected and paid to the City.
E. Subject to Section 337.403, Florida Statutes, whenever it shall be necessary for the
City to remove or relocate any Telecommunications Facility, the owner of the Telecommunications
Facility, or the owner's chief agent, shall be given notice of such removal or relocation and an order
requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less
than twenty (20) nor more than thirty (30) days in which to file an appeal with the City Commission
to contest the reasonableness of the order. Upon receipt of a written appeal, the City Commission
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shall place the matter on the Commission's agenda for consideration within forty-five (45) working
days. Should the owner or the owner's representative not appear, the determination of the cost to
the owner shall be final, in accordance with Section 337.404, Florida Statutes.
F. A final order of the City shall constitute a lien on any property of the owner and may
be enforced by filing an authenticated copy of the order in the office of the Clerk of the Circuit Court
of the County wherein the owner's property is located.
G. The City retains the right and privilege to cut or move any Facilities located within
the Public Rights-of-Way ofthe City, as the City Manager in his/her sole discretion may determine
to be necessary, appropriate or useful in response to any public health or safety emergency. If
circumstances permit, the City shall attempt to notifY the owner of the Facility, if known, prior to
cutting or removing a Facility and shall notifY the owner of the Facility, if known, after cutting or
removing a Facility.
H. Upon abandonment of a Facility within the Public Rights-of-Way of the City, the
owner of the Facility shall notifY the City within ninety (90) days. Following receipt of such notice,
the City may direct the Facility owner to remove all or any portion of the Facility if the City
determines that such removal will be in the best interest of the public health, safety and welfare. In
the event that the City does not direct the removal of the abandoned Facility by the owner of the
Facility, such owner, by its notice of abandonment to the City, shall be deemed to consent to the
alteration or removal of all or any portion of the Facility by another utility or person.
I. Notwithstanding anything to the contrary, a Facility owner agrees to provide the City,
within thirty (30) days of filing or receipt of such, any document that may prevent compliance with
the requirements of a permit in connection with the installation, construction or maintenance of its
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Facilities, or use of Facilities in the Public Right-of- Way. This obligation shall only extend to such
work in the Public Right-of-Way for which a Facility owner has applied for, or obtained a permit
from the City.
Section 8. Use of Rights-of-Way.
A. A Facility owner agrees at all times to comply with and abide by all applicable
provisions of the State statutes and local laws including, but not limited to, applicable zoning
regulations not inconsistent with State and Federal laws.
B. Except in the case of an emergency, which shall include without limitation an out of
service condition affecting 911 service, and which shall require subsequent notification to the City,
no Telecommunications service provider shall construct any Facility on, over, above, along, upon,
under, across, or within any Public Right-of-Way which disrupts the Public Rights-of-Way without
first filing an application with and obtaining a permit from the City therefor, pursuant to applicable
permitting requirements of the City, including but not limited to Section 28-2 of the City Code,
except as otherwise provided in this Ordinance. In case of the repair or maintenance ofan existing
Facility, the City may impose lesser requirements than those set forth herein. Unless otherwise
required by the City Code, no permit shall be required for installation and maintenance of service
connections to customers' premises where there will be no disruption ofthe Public Rights-of-Way.
C. As part of any permit application, the Facility owner shall provide a proposal for
construction of the Telecommunications Facility that sets forth at least the following:
(l) The location of the proposed Facility, including a description of the feet of
plant to be installed, where it is to be located, and the approximate size of Facilities and equipment
that will be located in, on, over, or above the Public Rights-Of-Way.
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(2) A description of the manner in which the System will be installed (i.e.
anticipated construction methods and/or techniques), the time required to construct the System, a
maintenance oftraffic plan for any disruption of the Public Rights-of-Way, including information
on the ability of the Public Rights-of- W ay to accommodate the proposed System, if available (such
information shall be provided without certification as to correctness, to the extent obtained from
other users of the Public Rights-of-Way). Also, if appropriate given the System proposed, an
estimate of the availability of space in existing conduits and an estimate of the cost of restoration to
the Public Rights-of-Way. Such plan shall include the timetable for construction for each phase of
the project, and the areas of the City which will be affected.
D. The City may request such additional information as it finds reasonably necessary to
review an application for a permit to perform work in the Public Rights-of-Way, and require such
modifications to the proposed location of Facilities to be installed in the Public Rights-of-Way as
may be necessary in the exercise of the City's authority to manage its Public Rights-of-Way. This
Section does not authorize the City to exercise authority it does not otherwise have under applicable
law.
E. All Facilities shall be installed, located and maintained so as not to unreasonably
interfere with the use of the Public Rights-of-Way by the traveling public and to cause minimum
interference with the rights and convenience of property owners who adjoin any of the Public Rights-
of- Way. The use of trenchless technology (i.e., directional bore method) for the installation of
Facilities in the Public Rights-of-Way is strongly encouraged, and should be employed wherever
possible. The City may issue such rules and regulations concerning the installation and maintenance
ofa Telecommunications Facility in the Public Rights-of-Way, as may be consistent with applicable
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Law.
F. All safety practices required by applicable Law or accepted industry practices and
standards shall be used during construction, maintenance, and repair of the Telecommunications
Facilities.
G. In the event that at any time during the term of the rights granted herein the City shall
lawfully elect to alter, or change the grade of, any Public Rights-of-Way, upon reasonable notice by
the City, shall make any necessary removals, relaying and relocations of its Telecommunications
Facilities at its own expense, in accordance with applicable Law.
H. A Facility owner shall obtain any and all required permits and pay any and all
required fees before commencing any construction on or otherwise disturbing any Public Rights-of-
Way as a result of its construction, except as provided herein. The Facility owner shall, at its own
expense, restore such property to as good a condition as existed prior to commencement of work.
If such restoration is not performed in a reasonable and satisfactory manner within thirty (30)
calendar days after the completion of construction, the City may, after prior written notice to
Registrant, cause the repairs to be made at the Facility's owner expense. A permit from the City
constitutes authorization to undertake only certain activities on Public Rights-of- Way in accordance
with this Ordinance, and does not create a property right or grant authority to impinge upon the rights
of others who may have an interest in the Public Rights-of-Way. Nothing herein shall prohibit the
City from negotiating with a Facility owner for the installation of a City conduit in any open trench
that may be permitted; or prohibit a Facility owner from exercising its rights under 47 U. S. C. Section
224.
1. All ongoing installation, construction and maintenance of a Telecommunications
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Facility located in the Public Rights-of- Way shall be subject to the City's periodic inspection, upon
no less than three (3) days written notice to the Facility owner, for compliance with this Ordinance,
or any applicable provisions of the City Code.
J. A Facility owner shall not place its Facilities so as to interfere unreasonably with any
other person lawfully using the Public Rights-of-Way ofthe City.
K. A Facility owner shall deliver to the City, upon completion of any installation or
construction of new facilities, as-built plans showing the location of such facilities, or other such
plans acceptable to the City Engineer. Such plans shall be provided in digitized format showing the
three-dimensional location of the Facilities based on the City's Geographical Database datums, or
other format acceptable to the City Engineer.
L. Suspension of Permits. Subject to Subsection M below, the County may suspend a
permit for work in the Public Rights-of-Way for one or more of the following reasons:
(1) violation of permit conditions, including conditions set forth in this
Ordinance or other applicable provisions of the City Code or regulations governing use of Public
Rights-of- Way;
(2) misrepresentation or fraud by Registrant III a Registration or permit
application to the City;
(3) failure to relocate or remove facilities as may be lawfully required by the City;
M. Final, written decisions of the City suspending a permit or denying an application for
a Registration are subject to appeal. An appeal must be filed with the City within thirty (30) days
of the date of the final, written decisions to be appealed. Any appeal not timely filed as set forth
above shall be waived.
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Section 9. Compliance with Other Laws; Police Power.
A Facility owner shall at all times be subject to and shall comply with all applicable Federal,
State and local Laws. A Facility owner shall at all times be subject to all lawful exercises of the
police power of the City, to the extent not inconsistent with applicable Laws.
Section 10. Transfer of Control; Sale or Assignment.
A. If the Registrant transfers or assigns its Registration incident to a sale or other transfer
of the Registrant's assets, the transferee or assignee shall be obligated to comply with the terms of
this Ordinance. Written notice of any such prospective transfer or assignment shall be provided to
the City at least twenty (20) days in advance of the date of such transfer. In order for the transfer of
Registration to be effective, such written notice must include the identity of the prospective
transferee or assignee, evidence of insurance coverage and indemnification agreement as required
in Section 4 of this Ordinance.
B. Notwithstanding anything in this Ordinance, pledges in trust or mortgages or other
hypothecations of the assets of the Registrant to secure the construction, operation or repair of its
Telecommunications Facilities may be made without notice to the City's. Any mortgage, pledge,
lease or other encumbrance of the Telecommunications Facilities shall be subject and subordinate
to the rights of the City in this Ordinance or other applicable law.
Section 11. Insurance; Surety; Indemnification.
A. A Facility owner shall at all times maintain the following liability insurance coverage
insuring the Registrant and naming the City, its officers, boards, Commission, Commission
members, agents and employees as an additional insured: worker's compensation and employer
liability insurance to meet all requirements of Florida law and general comprehensive liability
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insurance with respect to the construction, operation and maintenance of the Telecommunications
Facilities, and the conduct of Registrant's business in the City, in the minimum amounts of:
(I) $250,000 for property damage in anyone accident:
(2) $500,000 for personal bodily injury to anyone person: and
(3) $1,000,000 for personal bodily injury in anyone accident.
B. All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-I in Best's Key Rating Guide,
Property/Casualty Edition except as provided in (D) below. The City may require coverage and
amounts in excess of the above minimums where necessary to reflect changing liability exposure and
limits or where required by law.
C. A Registrant shall keep on file with the City certificates of insurance which
certificates shall indicate evidence of payment of the required premiums and shall indicate that the
City, its officers, boards, Commission, Commission members, agents and employees are listed as
additional insureds. In the event of a potential claim such that the City claims insurance coverage,
the Facility owner shall immediately respond to all reasonable requests by the City for information
with respect to the scope of the insurance coverage.
D. All insurance policies shall further provide that any cancellation or reduction in
coverage shall not be effective unless thirty (30) days' prior written notice thereof has been given
to the City. A Registrant shall not cancel any required insurance policy without submission of proof
that the Registrant has obtained alternative insurance satisfactory to the City which complies with
this Ordinance. A Registrant that elects to self-insure all or a portion ofthe insurance coverage and
limit requirements required by this Section. A Registrant that self-insures is not required, to the
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extent of such self-insurance, to comply with the requirement for the naming of additional insureds
under this Section. A Registrant that elects to self-insure shall provide to the City evidence sufficient
to demonstrate its financial ability to self-insure the insurance coverage and limit requirements
required under this Section, such as evidence that the Registrant is a "private self insurer" under the
Workers Compensation Act. For purposes of this Section, "self-insure" shall also include a
Registrant which insures through a "captive insurer" as defined in Section 628.90 I, Florida Statutes.
E. A Registrant shall, at its sole cost and expense, indemnifY, hold harmless, and defend
the City, its officials, boards, Commission, Commission members, agents, and employees, against
any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief,
and costs and expenses arising out of the construction, maintenance or operation of its
Telecommunications System or Facilities, regardless of whether the act or omission complained of
is authorized, allowed or prohibited by this Ordinance, provided, however, that a Facility owner's
obligation hereunder shall not extend to any claims caused by the misconduct or negligence of the
City, its officials, boards, Commission, Commission members, agents or employees. In addition,
and notwithstanding anything to the contrary, any Telecommunications service provider seeking
initial or renewal registration on or after the effective date of this Ordinance shall indemnifY and hold
harmless the City, its officials, boards, Commission, Commission members, agents or employees
from any claim arising by a third party under Federal or State law, provided, however, that
Registrant's obligation hereunder shall not extend to any claims caused by the misconduct or
negligence of the City, its officials, boards, Commission, Commission members, agents or
employees. This provision includes, but is not limited to, the City's reasonable attorneys' fees
incurred in defending against any such claim, suit or proceedings, claims arising out of copyright
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infringements or a failure by the Registrant to secure consents from the owners, authorized
distributors, or providers of telecommunications services, and claims against the Registrant for
invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or
infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right
of any person, firm, or corporation. City agrees to notifY the Registrant, in writing, within a
reasonable time of City receiving notice, of any issue it determines may require indemnification.
Nothing in this Section shall prohibit the City from participating in the defense of any litigation by
its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a
conflict, potential conflict or appearance of a conflict.
Section 12. Construction Bond.
A. Prior to performing any work in the Public Rights-of-Way, a Registrant shall establish
in the City's favor a construction bond in an amount specified in an engineering permit or other
authorization as necessary to ensure the Registrant's faithful performance of the construction or other
work in the Public Rights-of-Way, in accordance with Section 510 of the Land Development
Regulations ofthe City. The amount of the construction bond shall be as set forth in the engineering
permit, and may be modified in the City Manager's sole discretion, based on the cost of the
construction to take place in the Public Rights-Of-Way, and any previous history of the Registrant
concerning construction within the Public Rights-of-Way of the City.
B. In the event a Registrant subject to such a construction bond fails to complete the
work in a safe, timely and competent manner in accordance with the provisions of the permit, there
shall be recoverable, jointly and severally from the principal and surety of the bond, any damages
or loss suffered by the City as a result, including the full amount of any compensation,
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indemnification or cost of removal or abandonment of any property of the Registrant, or the cost of
completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount ofthe
bond.
C. No less than six (6) months after the completion of the construction of the
Telecommunications Facility and payment of all construction obligations to the satisfaction of the
City, the City may eliminate the bond. However, the City may subsequently require a new bond for
any subsequent work in the Public Rights-of-Way.
D. The construction bond shall be issued by a surety having a minimum rating of A-I
in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City
Attorney; and shall provide that:
"This bond may not be canceled; or allowed to lapse, until sixty (60)
days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent to
cancel or not to renew".
E. The rights reserved by the City with respect to any construction bond established
pursuant to this Section are in addition to all other rights and remedies the City may have under this
Ordinance, or at law or equity.
F. The rights reserved to the City under this Section are in addition to all other rights of
the City, whether reserved in this Ordinance, or authorized by other law, and no action, proceeding
or exercise of a right with respect to the construction bond will affect any other right the City may
have.
Section 13. Enforcement Remedies.
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A. In addition to any other remedies available at law or equity or provided in this
Ordinance, the City may apply anyone or combination of the following remedies in the event a
Registrant violates this Ordinance, or applicable local law or order related to use of the Public
Rights-of-Way:
(1) Failure to comply with the provisions of this Ordinance or other law
applicable to users and/or occupants of the Public Rights-Of-Way, may result in imposition of
penalties to be paid by the Registrant to the City in an amount of not less than One Hundred Dollars
($100.00) per day or part thereof that the violation continues.
(2) In addition to or instead of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
B. Before imposing a fine pursuant to this Section, the City shall give written notice of
the violation and its intention to assess such penalties, which notice shall contain a description of the
alleged violation. Following receipt of such notice, the Registrant shall have thirty (30) days to cure
the violation and the City shall make good faith reasonable efforts to assist in resolving the violation.
If the violation is not cured within that thirty (30) day period, the City may collect all fines owed,
beginning with the first day of the violation, either by removing such amount from the security fund
or through any other means allowed by law.
C. In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the violation,
the nature of the remedy required in order to prevent further violations, and such other matters as the
City determines are appropriate to the public interest.
D. Failure of the City to enforce any requirements ofthis Ordinance shall not constitute
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a waiver of the City's right to enforce that violation or subsequent violations of the same type or to
seek appropriate enforcement remedies.
E. In any proceeding before the City Commission wherein there exists an issue with
respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant
shall be given the opportunity to provide such information as it may have concerning its compliance
with the terms of the Ordinance. The City Commission may find a Registrant that does not
demonstrate compliance with the terms and conditions of this Ordinance in default and apply any
one or combination of the remedies otherwise authorized by this Ordinance.
F. The City Manager or his/her designee shall be responsible for administration and
enforcement of this Ordinance, and is authorized to give any notice required by Law.
Section 14. Force Majeure.
In the event a Registrant's performance of or compliance with any of the provisions of this
Ordinance is prevented by a cause or event not within the Facility owner's control, such inability to
perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a
result thereof, provided, however, that such owner uses all practicable means to expeditiously cure
or correct any such inability to perform or comply. For purposes of this Ordinance, causes or events
not within a Facility owners control shall include, without limitation, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or
civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or
court. Causes or events within Registrant's control, and thus not falling within this Section, shall
include, without limitation, Registrant's financial inability to perform or comply, economic hardship,
and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees,
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contractors or agents.
Section 15. Reservation of Rights.
A. The City reserves the right to amend this Ordinance as it shall find necessary in the
lawful exercise of its police powers.
B. This Ordinance shall be applicable to all Telecommunications Facilities permitted
to be placed in the Public Rights-of-Way, on or after the effective date of this Ordinance, and shall
apply to all existing Telecommunications Facilities in the Public Rights-of- Way prior to the effective
date of this Ordinance, to the full extent permitted by State and Federal Law, but shall not operate
to impair rights expressly granted by prior City Ordinance for the duration of such authorization.
In the event of any inconsistency between the terms and provisions of this Ordinance and an existing
franchise or other authorization, the existing franchise or other authorization shall prevail.
Providers with existing lines and cables have one hundred and twenty (120) days from the Effective
Date of this Ordinance to comply with the terms ofthis Ordinance, or be in violation thereof.
SECTION 2. Repeal of Conflicting Ordinances.
All ordinances or part of ordinances, and all resolutions or part of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 3. Savings.
All fees, charges and financial obligations previously accrued pursuant to any ordinances and
resolutions repealed pursuant to Section 2 above shall continue to be due and owing until paid.
SECTION 4. Severability.
The provisions of this Ordinance are declared to be severable and if any section, sentence,
clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional,
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such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
SECTION 5. Effective Date.
This Ordinance shall be effective immediately upon passage.
FIRST READING THIS
DAY OF
,2000.
SECOND READING AND FINAL PASSAGE THIS
DAY OF
,2000.
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27
CITY OF A VENTURA, FLORIDA
TELECOMMUNICA nONS ORDINANCE
Table of Contents
SGGtiv"
S"divH 1. Tit!" J
S",,,,t~vu ~. D",hH~t~ons. J
s""\....t~vu J. G!aul Vfr.la..Ll""his(... 7
SCGtiv1l4. TCllllS and Limits of Fla.lGhiK 9
SCGtiv1l5. Flll1lchisG fGG PajlllwtS. 9
S"divH 6. R",i"" =.d InspGctiun of DOvks and RGGOlds. lJ SECTION 1. Creation. .......3
Section 1. Title. ........................................................ 3
Section 2. Intent and Purpose. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3. Definitions. .................................................. 3
Section 4. Registration .................................................. 7
Section 5. Fees and Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6. Reports and Records. ......................................... 11
Section 7. Underground Installation; Relocation +5. ...........................12
Section 8. Use of Rights-Of-Way. 17 of-Way. ............................... IS
Section 9. '\V.l~tt(,ll A""",,,-,ptuu,,-,,-, D)' it.'- [HtlKhlscG. 20
Section 10 Section 9. Compliance with Other Laws; Police Power. .................. W 19
Section tt 10. Transfer of Control; Sale or Assignment. . . . . . . . . . . . . . . . . . . . . . W 19
Section H 11. Insurance; Surety; Indemnification. ......................... zz 19
SGGtion lJ. SGG",ity F ",.d. :5
SGction 14 Section 12. Construction Bond. ..................................... 'R- 22
SGGtionl6. RG,oGativH v. T"uuihatioll offlal\Ghisc. JO Section 13. Enforcement
Remedies. .................................................................. 23
SGdivu 17. R:--u""al offlanchisG. JJ Section 14. Force Majeure. ...............25
SGGtion 18. ~bniGjpal OmM,hip of TdeGOlllnh..n;Gilt;vu, f aGility J4
SGGtivu 19. f v."" MajGtIlG. J5
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SGGt16h ~O. R'-'p,-,ul of Conflktlu!6 OJ.J~uuuGG&. . . . . . . . . . . . . J5
SGGtivu 21. Sa v ~ug~. J 6
S"divu22. S(.v(.lability. 36
S"divll 23 Section 15. Reservation of Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 26
Scdi0Jl24. LffC(.tiv<. Date.. . ..37 SECTION 2. Repeal of Conflicting Ordinances. ...26
ORDINANCG NO. _ 1999 SECTION 3. Savings. ...............................26
SECTION 4. Severability. .................................................... 26
SECTION 5. Effective Date.
.................................................27
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER OF THE CITY CODE BY
ADDING SECTIONS 1 THROUGH 16; PROVIDING THE
TERMS AND CONDITIONS FOR THE ERECTING,
CONSTRUCTING, AND MAINTAINING AND OPI:RATING OF
A TELECOMMUNICATIONS FACILITY IN, ON, ACROSS,
ABOVE OR IN ANY MANNER WHATSOEVER USING THE
CITY'S PUBLIC RIGHTS OF WAY FOR THE PROVISION OF
TELECOMMUNICATIONS SERVICE; PROVIDING
ASSURANCES THAT THE CITY'S PUBLIC RIGHTS OF WAY
ARE USED IN THE PUBLIC INTEREST; PROVIDING FOR
CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
MUNICIPAL OWNI:RSIIIP Of A TI:LI:COMMUNICATIONS
SYSTI:M, PROVIDING A SAVINGS CLAUSI:, PROVIDING fOR
REPEALER, SEVERABILITY, CODIFICATION; PROVIDING
FOR IU:PI:AL Of ORDINANCI:S IN CONfLICT, PRO'lIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Aventura has determined it is in the public
interest of the City to permit the placement of one (I) or more Telecommunications Systems or
Facilities in the Public Rights-ef of- Way ofthe City; and
WHEREAS, it is the intent ofthe City Commission to encourage competition by providing
access to the Public Rights-ef of-Way to the City on a nondiscriminatory basis; and
WHEREAS, Section 364.0361, Florida Statutes, requires that a local government treat
Telecommunications Companies in a nondiscriminatory manner when exercising the authority to
gumt nanchiscs to Tdccouuu"u;~dt;uuo COuipM;C\ manage the Public Rights-of-Way; and
WHEREAS, it is the intention of the City Commission to recognize the interests of
Telecommunications Service Providers to install their facilities in Public Rights-ef of-Way as a
means of promoting the use of such technology for the good of the people of the City; and
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1
WHEREAS, it is the intent ofthe City Commission to exercise the City's authority over the
access of Telecommunications Service rlo,idcls and thdl Providers' occupancy of the Public
Rights-ef of-Way; and
WHEREAS, these policies are in complete accord with both the letter and the spirit of the
Communications Act of 1934, as amended; and
WHEREAS, the enactment of the Telecommunications Act of 1996, amendments to
applicable statutes of the State of Florida and developments in telecommunications technology and
services have resulted in an increase in the number of persons certified by the Florida Public Service
Commission to provide Telecommunications Services; and
WHEREAS, various Telecommunications Service Providers have requested the right to
occupy the Public Rights-ef of-Way of the City for the purpose of installing, maintaining and
operating Telecommunications Systems or Facilities; and
WHEREAS, it is the City's intent to treat each Telecommunications Service Provider on a
competitively neutral and nondiscriminatory basis in granting telecommunications franchises for use
of the City's Public Rights-Of-\Vay, au.!
of-Way; and
WHEREAS, the Public Rights-of-Way subject to the control oCthe City (1) are critical
to the travel of persons and the transport of goods and other tangibles in the business and
social life of the community by all citizens; (2) are a unique and physically limited resource and
proper management by the City is necessary to maximize efficiency, minimize the costs to the
taxpayers oCthe foregoing uses, and to minimize the inconvenience to and negative effects upon
the public from such facilities' construction, placement, relocation, and maintenance in the
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Public Rights-of-Way; (3) are intended for public uses and must be managed and controlled
consistently with that intent; and
WHEREAS, it is the intent of the City to exercise its authority to impose fees and adopt
reasonable rules and regulations to the fullest extent allowed by Federal and State law.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA,
FLORIDA, AS FOLLOWS:
SECTION 1. Creation.
Sections
through
are hereby created as follows:
Section 1. Title.
This Ordinance shall be known and may be cited as the City of Aventura
Telecommunications Ordinance.
Section 2. Intent and Purpose.
It is the intent ofthe City of Aventura to promote the public health, safety, and general
welfare by providing for the use ofthe City's Public Rights-of-Way, to adopt and administer
reasonable regulations consistent with State and Federal Law, including Section 337.401,
Florida Statutes, and the City's home-rule authority in accordance with the provisions of the
Telecommunications Act of 1996, to provide for the payment of compensation and other
consideration by a Telecommunications Service Provider to the City for the cost of
maintaining the Public Rights-of-Way and for the privilege of using the City's Public
Rights-of-Way for constructing and maintaining Telecommunications Facilities; and to
establish the reasonable regulations concerning the use of the Public Rights-of-Way by all
Telecommunications Service Providers granted after the effective date ofthis Ordinance. In
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regulating its Public Rights-of-Way, the City shall be governed by and shall comply with all
applicable Federal, State and local laws and regulations.
Section 3. Definitions.
For the purpose of this Ordinance, 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 f.",,,J.;o,, "".""...cnt Franchise
Agreement that might be granted hereunder shall be given the meaning set forth in the
Communications Act of 1934, 47 U.S.c. ~ 151 et sea., and as that Act may hClei.1Aftc. be 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.
A. "AffillatG" I11Gful& dil] P'-l.:)V.l.l vvl.l~\.JJ d.~H....(..tl, ollndllGGtly OvvH6 01 \rvl.lhvl., uuy pUJ.t of a
fHUlGhlSGG, dIly P'-dOl1 vvlJ~\.Jl U [.LUJ.lGL.lsCG dllGGtly 01 illd~lG(,tlJ, ~11 vvllvk. 01 in pall, OvvH5 01
contlols, 01 ally pG160u UUd"'l '..,vu_uhon ovvnGlSh1.p 01 (..('>.111101 VV~tll a rlUJ.l.....l.l~.,'-'{...
B. "City" means the City of Aventura, an incorporated municipality of the State of Florida, in
its present form or in any later reorganized, consolidated, or enlarged form.
B. "Registrant" or "Facility Owner" shall mean a Telecommunications Company
that has Registered with the County in accordance with the provisions of this Ordinance.
C. "Registration" and "Register" shall mean the process described in Section 4
whereby a Telecommunications Provider provides certain information to the County.
D. "Gross Receipts" shall mean all cash, credits or property of any kind or nature,
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with deductions for bad debt expense, reported as revenue items to the Registrant's audited
income statements arising from, or attributable to Recurring Local Service Revenues of
Registrant C. !If !ciu,.J!~.,\.." J.u'-'UlJ.6 tl1(, p(,ul~~66:0u 5uiL1U,d t,y tL.G City to d r 1(\ll,hls" ill d F id11,h15("
Ae,.l"'.......l.lu....ul tv ,",V.l.l"t.lU",t, .lHU~utU~H, vp.....lak a.ud u..,,,, T\"'k",vU1Uluu~'-'at~vu" FaG~l~t~(..~ ~u Hi" Publ~G
Rig,ht.s-Of- ~T aj within the Franchise Area. The t"'HH dOGS nO't l1h.JuJ"" anJ l~"''-'H''',,", V.l p....J.Hl~l iL.eLt H.La)
b... H.qU~H"d by tl.L~'" OJ.d~uUJ..L"''''' VI vtL."'l lay"." O.Ld~Ud.11""G.., oll'~uldt:Ol1~ o[tl1(" City f('h th, pli"ikg,G
vf l.LUJ.l"u""l:uc; auJ '-'al.lJ ~uo VB a Lu..,:w.,,,..,...., vv:tll:u (-LoG C~ty 01 f01 di~tuJ.b~llg OJ. Gau.] lug Out all) vvolk
;i. thc' Public:, Rii,hts-Of-Way. City reserves the right to amend the definition contained herein
as permitted by applicable Law. The definition herein shall not be applicable after October
1,2000.
D. "rJ.l..ud.L:"'" A51\w<G.LUGUt" .LuGALJ.6 d CO.Lllia'! (.,l1tGl,d :lltO :11 dGCOlddil(.' ",,:th 11:.., lhovi~ion~
o[tl,;, O,d;"a...c'c' bc:,t"eCil the:, ety and a Fl<uldli;,cc, that set;, ["lth thc telm;, and e"l1dition;, tllldc,l
"h;c'h 1I,c, Flailch;;,c "ill bc' c,^c"c'i;,ed.
Co "flanchi;,cc''' lllc,all5 any pu;,,,n glantcd a flanc,hi;,c pul;,uant to thi; Oldinanc,c, "ho has wtclcd
into a Flat.dlisc Aglc'W.wt "illl thc' City.
f. "GUtllt"I" ;,hallmc'an thc' Cit) of A,cntma.
G. "GlOSS Rcc,c:,ipt;," ;,hall lllc,anall c'ash, c'ledit;, 01 plvpc'lt) ofatry kind Ollla/ulc' "ithoutdcduc'tivll;',
u.....pU.l kJ a~ .I....... \I \..,]..1.\.4.'"' ~kH.l'" Lv Lt....... r Hulc.hls",,'.5 auditc.d illCOlnc. stat("'llKllts a1 Ising fl on1, 01 aUi ibutabk
to thG bak, !Gab", .I.Gl1tdl, LA.i.tG.l 01 ......A......L.u.uo-... vf T...J..........VHuHuH~......at~vu.., S'-'L\I~'" MId GqulpnlGht by
Fld1~,hibGG \lV~t:ll~l1 tl.1...... rliu.l......l.l~..,""' An_a.
HE. "Law" means any local, State or Federal legislative, judicial or administrative order,
certificate, decision, statute, constitution, OldiJ.ai.ec ordinance, resolution, regulation, rule, tariff,
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guideline or other requirements, as amended, now in effect or subsequently enacted or issued
including, but not limited to, the Communications Act of1934, 47 D.S.C. S 151 et seq. as amended
by the Telecommunications Act of 1996, Pub 1. No. 104-104 S 101(a), 110 Stat. 70 codified at 47
D.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the Federal
Communications Commission or the governing State authority pursuant thereto.
f F. "Person" means any individual, corporation, partnership, association,joint venture,
organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or
personal representative thereof, but shall not mean the City.
:f G. "PSC" means the Florida Public Service Commission.
*= H. "Public Rights-ef 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, bridge, tunnel, park, waterway, dock, bulkhead, wharf,
pier, court, lane, path, alley, way, drive, circle, easement, public place, or any other property in which
the City holds any kind of property interest or over which the City exercises any type of lawful
control and may lawfully grant access to pursuant to applicable law. "Public Rights-ef
of-Way" shall not include any real or personal City property except as described above and shall not
include City buildings, fixtures, and other structures or improvements, regardless of whether they
are situated in the Public Rights-ef of-Way.
t I. "Recurring Local Service Revenues" means revenues from the monthly recurring
charges for local service, including but not limited to (I) recurring basic area revenues derived from
the provision of flat-rated basic area services; (2) recurring optional extended area revenues derived
from the provision of optional extended area services; (3) local private line revenues derived from
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6
local services which provide communication between specific locations, either through dedicated
circuits, private switching arrangements, predefined transmission paths, whether virtual or physical,
or any other method of providing such services; (4) IG d;ntl'S d'l i, ~J fww d,ih~~.1 foJ I1CG~SS to 10~l1l
GXGhang' facil;t;G.I by otk, TdGColl,llll:dliGl1tiollS S'hiGG Plo,idels, indtlding btlt not limitd to
revenues from the sale ofIocal services for resale and lC,WtlC.l f,o,ll the le"s~ of uUbtll,dIcd hct""Jk
clements, cxeGpt liS pHhidcd h~'~;H, and (5) other local service revenues from the provision of
secondary features that are integrated with the telecommunications network, including, without
limitation, services such as call forwarding, call waiting, and touchtone line service. Except as
provided herein, revenues from all recurring local services provided by a fIm,chisce Registrant over
a Telecommunications Facility or System in the Public Rights-of-Way shall constitute Icctllling lo,al
sChice lC,ChtlCS Recurring Local Service Revenues subject to this Ordinance. Recurring-toeal
sChice lC,CntlCS Local Service Revenues do not include revenues from (I) toll charges for the
transmission of voice, data, video, or other information; (2) access charges paid by carriers for
origination and/or termination of toll telephone service as defined in Section 203.012(7), Florida
Statutes, or other charges required by the Federal Communications Commission which are directly
passed through to end users; (3) interstate service; (4) ancillary services such as directory advertising,
directory assistance, detailed billing services, inside wire maintenance plans, bad check charges, and
non-recurring charges for installation, move, changes or termination services; (5) cellular mobile
telephone or telecommunications services; or specialized mobile telephone or telecommunications
service; (ll spcdalizcd mobiIc tclcphvnc 01 tdccomllltlhkations SCl, i,cs, or specialized mobile radio,
or pagers or paging service, or related ancillary services; (6) public telephone charges collected on
site; (7) teletypewriter or computer exchange services as defined in Section 203.012(6), Florida
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7
Statutes; or (8) local message rated (message, unit or time basis) and minutes of use charges in excess
of the minimum flat-rated charges for similar services. This definition shall not be applicable as
of October 1,2001.
J M. "Telecommunications Company" has the meaning set forth in Section 364.02(12),
Florida Statutes, as amended. The term "Telecommunications Company" does not include an open
video system.
N K. "Telecommunications Service" shall include, without limitation, local service, toll
service as defined in Section 203.012(7) Florida Statutes, telegram or telegraph service,
teletypewriter service, private communication service as defined in Section 203.012(4) Florida
Statutes, or any other provision of two-way communications services to the public for hire.
"Telecommunications Service", as contemplated herein, does not include the provision of service
via an open video system, which shall require separate authorizations from the City.
e L. "Telecommunications Service Provider" shall refer to any person providing
Telecommunications Services, as defined herein, through the use of a Telecommunications Facility.
PM. "Telecommunications Facilities", "Facilities" or "Systems" means cables,
conduits, converters, splice boxes, cabinets, halldl,olds handholes, manholes, vaults, equipment,
drains, surface location markers, appurtenances, and related facilities located, to be located, used,
or to be used, by tIn.. tdcco.nlHunicatiollS plO, idel a Telecommunications Service Provider in the
Public Rights-ef of- Way of the City and used or useful for the transmission ofT elecommunications
Services.
Section J. GIAut ufFIAU"h;>3". 4. Registration.
A. Val"".!> ollie",,;,e .luthOtiLCd bj applicable law, it shall be. tII.lawful for all) pe.lson to
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('Ou~t.1 u(,t, u.1d~i~td~.l1 0.1 up(,u.ih.... (.1 T \,J\"'\"'U.l1.l.l.l1U.l1~""'(.1t~V.l1~ Sy ~h"".l1.1 U.1 r (.1.....a~ty UPV.l.l, (.11vl.le" \..1.l1J\",.1 a..L.1J V V \",.1
dIG P uhliG R~gl.1b-Of- W (.1) vvithont hay iug obtained p('l1nl~~ioll ~h thG fuu.l1 of u r.Lu.l1.....1.L~,:)\", f.Lv.l1.L tl.L'
C~t) CV.l1.l.l.L.L~':)':)~VU PU.L.:Juuut to this ald~lJ.,hl'l.> O.L vtlll.>.L ,:)ul.>l.L a.ld.~u(.l.llGG of tllG City d6 .Lnd) Ll.>
dppl;"aLk. A. Each Telecommunications Service Provider that desires to erect, construct,
install, maintain, repair, expand, or use any Telecommunications Facilities in, under, over or
across any Public Right-of-Way in the City shall first Register with the City in accordance
with the terms of this Ordinance. As to Toll Service providers, such Registration shall be
accepted by the City as an ordinance of the City Commission.
D. ApplIGat~o.l1 [Vi u rHu.L\",hIsG. In oldGl to obta~ll dil ~.l1;t;al V.L .L'llGvval fralKhIsG, a
T"kGo.Ll:UJ.lU.L.L~l.>at~v.l1>:t S\",.L v;.....\", P.LvvIdGlllltlst apply fo.L d [.La.Lll.>ll;"\",. Tl.L\", uppllGatloll Ulust eO.Llta~u B.
Any Telecommunications Provider desiring to use the Public Right-of-Way shall file
a Registration with the County which shall include the following information, du.1 ,u"l.
;u[uuuatiOll as tlK Clty iliay [.LOUi t;.Lu\", tv tin.LG IGqullG.:
(I) I.1"ut;ly vfthe applkant, thG udw", vftl." pGISC.h 01 pel~o.,~ dUtl'W;L".1 tv ad c.n bdlalf
of the appl;ea..,( "itl. .cspect to thG appl;G/,t;v", =..1 tl,c fJallchisG "hGu g.=.!"'.1, tl.c pClsons "ho
GAe.G;~G "V.1.;"1;; "v.,nol O,CI thG appl;G=,t, (1) identify of the applicant and name, address and
telephone number of applicant's primary contact person in connection with the Registration;
(2) Fo. pu'pv,,,, vf dctGllIlinil,g thG f"" ,lwdu.c applieabiG to tl." Appl;,,=.t undel SGGt;c.u
JJ7 .401, Flol;dd Stalu!"'" =.d this OldinauG", <<(2) general description ofthe services that a1G to l,,,
pw,;.1"J v,,,. the raGility. to be provided (in other words, if applicant is or expects to be a Local
Service Provider and/or a Toll Service Provider);
c. aUl.>\", tl.L\", ;hfollnatio.Ll .Ll.>YU;i\",d. by th" City IJ.d6 b\",......l.l l_J.Lovid"d, Hi(" bppl;\",uL;oll shall bG
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9
P,Olhptly le,iG,,~J, ~,J ,lwll L~ ~,~,t.:,d if.(3) evidence of the insurance coverage required under
this Ordinance and agreement to indemnify the County as required under this Ordinance;
(I) Tl,,, appli.:",,! ",.k" i,.10" [",,,.:I.i;,,, "g. "':w.:,.1 ",ilh tJiG City, ".lo.k. ",hid. appli':Mt ;,hall
ai\leG to eompl) "ith the Cit)'s leasollabk lei\tllatiolls of its(4) a copy of Federal and/or State
Certification authorizing the applicant to provide Telecommunications Services.
C. The City will review the information submitted by the applicant. Such review
will be by the City Engineer or his or her designee. If the applicant submits information in
accordance with Section 6(1) above, the Registration shall be effective and the City shall notify
the applicant of the effectiveness of Registration in writing. If the City determines that the
information has not been submitted in accordance with Section 4B above, the City shall notify
the applicant of the non-effectiveness of Registration, and reasons for the non-effectiveness,
in writing. The City shall so reply to an applicant within thirty (30) days after receipt of
registration information from the applicant. A Registrant may cancel a Registration upon
written notice to the City noticing that it will no longer provide Local Service or Toll Service
using Public Rights-of-Way, l\& oS,,! Khtll ~H tL.~., O.LJ~Ha1.L'-''-', ~.L.uJU\f~HO Lut Hut l~H.L~t,-,d to tIiG &"5 &>1
tlse o[thos.: POOHe Rights-o[- \Vay.
(2) The applicant eomplic;, ",ith the ''';'U1''''~~ ~,J '~~U1i!y '~'l"ilelllellts [,Gleof pliol to the
'-'ff...........t~V""lH.,~~ Urn.L"", [lahGhisG Ag,lGGlllGnt.
D. Upon GXGGutlon and City ddopt~OH vf u r .LUH,.Jl;~1".. Ae:;L,-,GnlGnt, a T dG'Oll1111uil.;Gat;O.L16 S'-l \I ;........
fiO,,;J(,.L ;., e:;.laut\..-d a .l.lVU-""^,....lusL,(, flMKhiSG sold) to ;.lJ..stall, \"'uu'-"thw.....l, UJ..lJ luaintain
T dGC01l1Hlullkatioll& r a";I;t;"",, Uv"'.....,"'Uly fur thG pro v 1510n of T dCGOiilu.Luu;""ut;vu5 Sa" iGG UpOll,
along" wid"l, alld 0"(.1 Hi" ruLl~... R~e,l.LL:,-Of-Wa)' of t11" eft)'. [O.L dHY utI.L....L u.c)'" uf Ll.L(.,
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T"kG61111nuu~""'dt~vu60 fadlity, a T"",l"",,,,,,vuu!J.ulll(..ati<'>lb S""'J."~""''' P!o"ldallltl.:Jt vbta~!l auth61iLU.t~vu
nulll II." Cily, ullk55 thc City is ""I'.c......ly plOhibitcd by apl'li".xbk La.. [10m rcql1iriu!; "'uch
al1thurization.
L, All} fland!is"", AlSJ."",,,,,,uJ.,,,,,ut ""^",,GutGd pulSua.1lt to this OJ.J~uau"",,,,,, ",,~ll ~uGV!polatG by lGfGlGll"",,,,,, all
H!"", kuu6 luid ,auditions of this O!d~uau"",,,,,,. A [1.(\"1,11i5G glantGd hGIGuud"",! .:Jl!all uut LG Cou&t1dGd
to in the City and will no longer need to pull permits to perform work in Public Right-of-Way.
D. A Registration shall not convey title, equitable or legal, in the Rights-OF-Way ufll."
C~ty. TIlG gla.nt v[ !~C;l!b uua""J. a [J.(.ll!",,1J.~&(, ~& 6uly tlK pGlSoha.l ric;lJ.t tv v"",,,,,,upy tlJ."" Publ~(..
Ri!;ldo-Of-Way fo. Il.c pu,PO.'.C5 alld [01 tI,c pcliod otakd tl.".,,;u. Public Right-of-Way.
Registrants may only occupy Public Rights-of-Way for Telecommunications Facilities.
Registration does not excuse a Telecommunications Provider from obtaining appropriate
access or pole attachment before locating its Facilities on another Person's facilities.
Registration does not excuse a Provider from complying with all applicable City ordinances,
including this Ordinance.
F. Failwc to comply ",ith this Section shall cOllstittltc a matclial ,iolation O[tlIC OldinanGC
aud oludl"'uLj".,[ tl.c T clCCO.'ili>u1,icalio.1S SCJ, icc PIO, idcl to tile applopliatc CIl[OICCIlKllt IClhcdics
ao 0.,[ fu.Il.;u S""I;uu 151."."of. E. Each applicant for a Registration or renewal thereof shall
submit a non-refundable application fee with the application; provided that the fee may be
credited against fees due under Section 5 below. Fee amounts shall be established by
Resolution of the City Commission but in no event shall exceed the City's costs incurred in
reviewing the application
S"",,,,,t~VH 4. T""'UH.;) aua L~HJ.~b v[rHuJ.""lJ.~';)""'. F.
Registration with the City shall be
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nonexclusive. Registration does not establish any priority for the use of the Public
Right-of-Way by a Registrant or any other Registrants. Registration are expressly subject to
any future amendment to or replacement of this Ordinance and further subject to any
additional City Ordinances, as well as any state or federal laws that may be enacted during the
term ofthe Registration.
TIn, GUI..lul UI4J ~14llt a. uuu-"'.,UJU3;"'~ Fu\i1(....~~~ fo.l a t1(I~()d nut tv ,-,...."""J [,," (16)
,eats. Se"t;ul.l S. F"A.lI"I.;13'- F",", Section 5. Fees and Payments.
A. In consideration for the rights, privileges and permission granted l.~.~;u, a
TdGGOlnmunkdt~Vll" CU.L.L1piu.L] '!'ubjcGt to d flful,hi~G glantc:d hereunder, a Registrant hereunder
shall pay to the City annually a sum equal to one percent (1%) of Gross Receipts of the flatKhiscc
Registrant on Recurring Local Service Revenues for services provided within the corporate limits
of the City. Included within such one percent (I %) 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 L=.~l.;o~~ Registrant. In the event that applicable law currently
permits or is amended to permit the City to collect a Franchise fee higher than -t% one percent
(1 %), or permits the City to calculate the flatlChisc fee on revenues not specified herein, the
flatlChiscc aglees to autohlatically ih~.~a5C it, L=.~l.;o~ Registrant agrees to increase, 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 reqire require the City to collect a
fJanchi5c fee lower than the current statutory limit, the City shall take all necessary steps to conform
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the requirements hereof to applicable law. All of the aforestated payments shall be made to the City
quarterly 01 as ma} oth~",;o~ b~ oGt [oilli ill a FlanGhisG A!5,~~w~"t, with such payments made
within tl,;, ty (30) twenty (20) days following the end of each calendar quarter. Payments received
after the 31st day shall be subject to interest at the maximum allowed by law, and late charges of
t---'n% one and one-half percent (1 Y, %) per month.
B. In the event a T ~kco'illnulljcatjoI1s Cuwl'~,y provides Telecommunications Services
defined as toll services in Section 203.012 (7), Florida Statutes, as a condition for granting
permission to occupy or use the Public Rights-ef of-Way of the City, the r ,dildlisGG shall pay to the
City annually no less than fi,c htlndlcd dull~o Five Hundred Dollars ($500) per linear mile of any
cable, fiber optic, or other pathway that makes physical use of the llluhiGipal Public Rights-Bf
of-Way. Any fee or other consideration imposed by this subsGction Subsection in excess of Five
Hundred Dollars ($500) 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 u'Ui';~;l'al Public Rights-ef of-Way;
(2) The reasonable cost of the regulatory activity of the wUi';~;l'al;ty 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-Bf 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 which provides Telecommunications Services as
defined in Section 203.0 I 2t3)(3), Florida Statutes for any services provided by such
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Telecommunications Company.
c. In tL."" ""n..ul d p('!~011 plovidG5 Tdc",v.L.Lu.L.Lu.L.L~Gatlon5 SGl vlGG5 oth",J. tL.iui as d,Jiu,d
;u S".:,t;ou20J.OI2(J) 01 (7) Unless otherwise prohibited by Federal or State law and except in
the case as provided in Section 337.401(3), Florida Statutes, as a ~umI;t;uu [0. g.a.llting pGUhissioll
to ocwpy 01 ns~ tl.~ P ubi;", Rights-Of- Way (jftLe City, thG r <au.:!.;'CG ,hall pay to tl,,,, City atmually
no kss than fi,~ l-'~.~~"t (S%) uf g.(j~~ IG,GntlGS of the f1and,;,~~ fu. ,~. ,;CG;, plo,ided "ithin tl.c
GChpuJ.ut"" l~uJ.~b uftl.l'-' C~t.Y U.llkS5 othGl ~9iSG prohlbikd L)' lan, ;.1.1 vvll~,,,L ""d~(.., Fla..tl,hl~GG shall pay
111...... .lUUh~lULUU f......" icllovvGd by la"". r01 ptup05G5 Oftllis St1b~............t~v.l.l, "e..lv6;:) .lGv(,lluGS" shalllllGa11 all
Gash Glcd~l.:') Vi P.LVpG.Lty of dily kllld 011latuIG without dGduGtivl.h,), l\..>pVlt......d "";> IGvGiiuG It'J1l5 to 11lG
rla1lGhi~;(..,'.5 auditcJ ~J.1"'VIU""" "takuH.,ub, aL~6~1:..g floln, 01 attllbtltabk. to tllG Silk,., .l"",ulul, l......""......, DdiKl
01 GA""L_w-.l5'-' vfT....J............vuuuuu~(..dt~on~ SG1"lGG~ and GqU1PlllGut b) r.laH",L_~..,,,,,,, ",,~tl.l~U tl.l'" F.ll~lldllsG
AlGa olln an) \'vay dGll "cd [lOu.l tl.l'" Vp"'H~t~VH vf ~b T ",lv",vuuuUJ.:"~Gat~on~ r "GlIlt] 11lGludlng" but Hot
lllllitcd to, any intGICOlmGGtion bc,tvvG",u tll'" rHIU",ll~"''''''''''' r aG~lit] 01 SJ~tGln and all) 5) stGHl
vvhatsoc- ,,0. Tl.l~'" H.l~H~U.lUJ.H CU.l1.lual r .lcu.l",11~"'''' ["''''~.., ~u aJJ~t~vu tv CUl] Otll"'l appl~Gat~chl fG('~, l(,lKtI"al
f~~" t."u,f",. fCG!>, aud ""y State, GOulltj 01 Citj taxes 01 a5SGSSlllGlltS. Th.: fianchis.: ofthe effective
date of this Ordinance, if Registrant makes payments to another jurisdiction in Florida at a
higher rate or on a broader base of gross receipts during the term(s) ofthe agreement entered
into with the City, the Registrant agrees to pay to the City such higher amount, effective on the
date Registrant makes such payments to another jurisdiction.
E. Except to tbe 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
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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 a is required to pay to the City, except as required by Law; and
(4) the fee specified herein is the minimum fa.~.L H.LaJ.1..",t vatu,,", h.,J. tln.. 51-cud uf a GaJ.J.,",lJ.~'c),,",
consideration for use of the Public Rights-ef of- Way, including all public easements, and othCl
wtitkrnwts to use, occupy 01 !la,c;!sc publ;c p,ope,ty, for the purpose of operating a
Telecommunications Facility.
D. UJ.:..k~~ othGJ. ",,~~G l-'J.vl.L~L~kJ L] r ....J"'J.ul Vi Stah.. lun, ~f r J.a..uGhis"" llutkc,5 PajllJGlltS to
anothGl. ju11&dk,t~()1l ~H rlo.L~dd at d l.L~olJ.'-'l lat.... Vl vu a. lJJ.vud.....L La.,:)"" vf 5J.V;::';) .L\,_cdpb dtuin~ tlK
tClIn(s) of agnGniellt wte1cd ;,lt0 ",;tI, II,,, ely, II,,, La""I,;,,,,, "!5,,,,,s to pay to the City stich highc1
..:ullom!, "ffcctl"c- on th" datG Fla11GhlsGG In~G& bud! pay1J.J.(,ub 10 a.HVtlJ.\,.,J. jU.L~>JJ~....t~VH.
L. [,"-...."'1-'1 tv tlle, GxtGu1 plollibitGd b} applkabk lavv. (a) TIK fld1idl~&(, EGG l-'~)Hl'-'Hb tv D'-' lUUJ,-,
ptl!SUallt to F. The payments required under this Section shall not:'" deCIDed to bc in tile nahne
of a la^", (L) SU"Jl GmH....ll~>J'-' f,-,\..- pa.)'Hl.......l.lb ..,1.1.,,11 bG in additioh to any a11d all tdA""~ vf a o""l1""lal
applicability and ,lot appl;cal,k ,vldy tv T "lecolllhll1ni.:atiollS Se1, ices ",;th;i\ the ely v, vtl,,,, f"",
v, "lu"5'" "hieh a nanehisee shall bc 1equ;,,,d 10 pay Iv tI,,, C;ly V< Ivauy State 01 fcde1al agency
01 atltholity, as 1equ;,cd !,c,";'i v, Ly la", all vf "hid, sl,all be sepa1ate and d;,I;,id oLI;5al;vu, vf
a fUlIlehisee utileS' p,ol,;L;t"d by applicable fcde1al, State 01 localla"" (,,) a La""h;sce shall not
Ilav"" VI 111ak:G any dainl f01 ally d,dua~Ol1 VI vtIl""l G1Gdit of all 01 an) pMt oftll' fullVuut of said
f1anGhis, &G 1'>8:)111G11t5 flOu! VI aoa~u~t a.uy of said City taA(,,~ 01 OHl""l K.,,,,,~ VI Gha1!;("5 of gGlluaI
applicability which a nand,;,,,e ;"",!u;,,,d Iv paj to the City, eheefl! a, ,,,,!u;,,,d Ly la", and (d) The
fla1lGhi5' ["-G 6p'G~h""J Il""l""~u ~s th, 1ui11inlu111 fa~l Ihdtk.""t vaIu"" fo! thG glallt of d fHUl""Il~~"" fv! USG
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of tl~"" P ublk R:el~t'!'-Of- "~T 0)', In""L.~J~~~g all p\..l.Ll:G Ga"""111t,~lt5, fv~ tht, pu~ pO&t, of vpt,latlng a
TdeW1J1Hltlnic'dt;o.\s Facility. apply after October 1, 2001.
F. EA",,,,pt A03 1'. ol.~ba"d h] A~pl~"'Ahl" 141", A F. A.nJ.~03(,'" "hAll. "~a..LIbUI 03" lh" C~lJ Iv. All
I "A03UUAhl~ C003b ~n"lud~d~, hut not l~nIa",d tv, ('O.buUAnt (.o.:\h, Allv. u~J ' 03 (""'03, A('(Odut~ne. fees,
<<.Id eUI;~n""'.~.lg (""03 . ",)ated to tI.", ~.a.llt, u.vd~fi..(ativu, t. <<ll.:\(e., v. . ",ue"a) vf AU", F. aU"I.~03"
~.Aultd I.",."uud~.. TII"."fo.~, upon 03uhn.~.:\03;vn vf A .cIl.ju",,,l Iv. 1I." ~IAnl vf a FIAU"h;03~
AI;. ",,,,,.u,,ut o. 1I."" ."u""al vf A F.Ad.d..i03'" Ae.,,~.n..enl, G.A....tee 031.4111 n.Ake A nvu-."fud.dAbl",
pa", .n"ullo 1I.e ca", ~u lh" am.ouul vfl".l thOU03AUd dolla. 03 ($10,000). Th"" F. A..,hi03""'" "hAil pay
1I.t a",lUAI ",u"l of lh",,,,, "UU.II(,IAt""d f""" "h~,.JI "A,",,,,,d t(,iI 1I.vu"Aud dollA." ($16,000) upvu
~.no~C(' bJ 1I." caJ. Th" pu.po~(, uf 1I.~" ra;..e f""", ~" tv d(,f.AJ 1I." caJ'" ,",u"b .",\':\OuAhlJ
~u'"'U.. ",J ;il p. o,","'''''~.l~ tll" A}lpl~...at;ou Ev. A F. ddd.~"", And ~hall h... App);ed ...vn"~,,te.lt ,,~tI.
S~..tiun 331'.481(3) and (5), Flu.ida Statut",.
S~..tiun 6. R". i"" and I'\~p"..tiun uf Bc.c.ks Section 6. Reports and Records.
A. The City may, at its option, upon tell (10) sixty (60) days notice to the r.="J1;~c'G
Registrant, but in no event more often than once per year, examine the records and accounting files,
and such other books and records, if such records relate to the calculation of f 1="J1;0(,G Franchise
fee payments or any other payments due to the City under the terms of a Franchise. The examination
of such books, accounts, records or other materials necessary for determination of compliance with
the terms, provisions, and requirements of a Franchise shall be during regular hours of business of
the flalld.iscc Registrant at an office ofthe r.=1~11;'GG Registrant located within the City, or at
another location satisfactory to the City. In the event that the City, pursuant to an audit, determines
that there exists a discrepancy in the amount paid and the amount owed to the City by the Flanchiscc
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Registrant in excess of 2%, FI"w.J.;o~~ two percent (2%), Registrant shall pay all reasonable
costs, fees and expenses of the audit. This Section shall not apply for periods after October 1,
2001. D. No lilt.:,. than Jul,':' 30th of Gadl YGaI,,, L"H~I.;o~~ ol",dll'<vv;dG thG City an aIultlallGpolt
COllc(,luing, tl.1", pH..",~VU~ "al"uJal ]I".a... Hull ~11du.dG5 at lullllnlulll the. f0l1VVV~H5'
(1) A :Ruandal .:ltak-J.ult,.,ul [oJ. Hi' FJ.d11,hi~, AlGa, lnduding a stdt"'UIl..ut vf ~u("OiJ.iG, and a
stat""lU......ut v[ ~vu.J."'.......;) vf J.\,.- V\"..HU'~. ThG statG111G.ut .shall be, audit"d iff HuJ....J.l~.;)..........l.lu.., au.J~tGd .jtatGIllGnt~
p"rfOlln""d~.l.l ib HVU.l.lul ,",vu.J..:J(., vfLu.:'>~J.:"G~~. I[not, tllG statGllKht shall be. G.....lt:.E.....d D) tl.l\..- FlaJ.H,Jl:"'(,(,'~
,.J-L:\oJ Luuu",:bl offiGGJ. 01 01lt(,1 duly atlthollzcd finanG1al offi"....l vftL"" r HuJ.....L.:,,"'''''. TL.,-, "tak.luGHl ~hall
:u....luJ.... Hvh.,.., HI-at 6p,,:fy all 6:gJ:llfiGant aGGOtlHtlllg, polki('5 a1J.J pla"'1:....""'" upvu \,,,1..:,,.11 :1 :., :'a~cd.
A .,uuuulhy 6hilll bG pI0"ldGd G01l1pMlng, th, 'mlGnt "at ~ith the. pl....,"~VU., t"\lV (~) yGill~ of thG
rlaJ.HJl~"""'. Tll~" lG'lullGl11G.l.it shall not apply to TdGcollHlltl1l1e.atlolls S....,1 ,,~....,...., P.lV,,~J""'l" Ulc:tk.~uo
pay 111....,ub tv (11...., C~(y Ul1dGl SGGt~OI1 SeD) 01 (D) 11(,1(.0f.
€-: B. Upon reasonable request, a flallchisGG Registrant shall provide the following documents to
the City as received or filed, ";tl.vut."g,,,J to ,,1.dl.G. thG dOGu.llG.lt~ IllG f,kd by th.:, FJat,dlis':'G vi
all Affiliate
(I) Any pleadings, petitions, notices, applications, communications,
reports and documents, and responses thereto, which may directly impact the flanchi~GG' ~ vi th.:,
City' S tight~ 01 obligativlls ulldGl this Oldinallc,:, 01 th.:, flandlisG AgIGallwt ;"u.:,d pu.~uAiltto
obligations under this Ordinance.
(2) Any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy.
D. Not" ithstall.:ling all} thillg to thG GO.lt.illy, tl.G r.",."I.;o,,~ "!;'~~o tv I'<uv idG t1,.:, Clt}, "ith;1l
C:122512000\Aventura\Telecom\REDLlNE0605.WPD
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th~J. t) (J0) del) ~ of fiI~J..\..~ oJ. J.GG(..~pt uf "Wo...I..., aU) JU"-'UJ.u"-'J.J.t tlJ.al UJ.a) aJ V\..J.",,-,l) ~J.upa,,-,t lll\.. ~u"laIIdl~uu,
GonstitlGtlon, OllnalntGllCU1GG ofthG Fla1lGhlsc""',, ra""~l~t~.....,, UJ. u"..... ufr it.G~l~t~G~.
E C. In addition, the City may, at its option, and upon reasonable notice to the [,at.dlis,,".,
Registrant, inspect the [,,,,,,J.;,,,,,', Facilities within in the Public Rights-of- Way 01 tl.e faGiI;t:",
that tlK Flath:hisce tlses '" ithin the Ptlbli" R;ghb-uf-"'/ "y, to ensure the safety of its residents.
F D. The City shall keep any documentation, books and records of the flallchis"e
Registrant confidential to the extent required under Florida Statutes.
Section 7. Underground Installation; Relocation.
A. Cuu,;,t"ut ",it!. "pl'l;"al.,k 1.1"" a Flallehiscc may install Tdccc.mllltlllieatiolls
Fdea;t;,,;, db(he glOu:nd in aleas ",hue e"j;,t;ng utility faciliti"s ale abc,e gwulld and shall install
Tdcconulltl1lications Facilities tmdclgwtlnd in ateas ",IIGle existing tltiliry [aGilities ate 01 ",ill be
;u,t"lkJ uuJ".!;wuud. A Registrant shall install its Facilities underground, as required by
applicable FPSC rules and regulations.
D. CV"-'J.) T "-,l"-,,,-,uuuuuu~"-'dt~vu,, S"-'J. v~....."-' PJ.vv~J,,-,J. B. Every Registrant which places or
constructs tdccc.mmttnieations f.leilitie; Telecommunications Facilities nndergronnd shall maintain
appropriate participation in the regional notification center for subsurface installations.
C. Any Telecollllllnnications Facilities heretofore or hereafter placed upon, under, over,
or along any Public Rights-of-Way that is found by the City to be umeasonably interfering in any
way with the convenient, safe or continuous use or the maintenance, improvement, extension or
expansion of such Public Rights-of-Way; shall, upon thirty (30) days written notice to the flatlChisce
Registrant or its agent, be removed or relocated by such [,,,,.,,hisGG Registrant at its own expense
except as explicitly provided nnder Section 337.403, Florida Statutes. The City Manager may
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waive or extend the time within which a FIII11Ghi~':G Registrant shall remove or relocate a
Telecommunications Facility, for good cause shown.
D. Whenever an order of the City requires such removal or change in the location of any
Telecommunications Facility from the Public Rights-of-Way, and the FlallGhi~GG Facility owner
fails to remove or change the same at its own expense to conform to the order within the time stated
in the notice, the City mnttI may proceed to cause the Telecommunications Facility to be removed.
The expense thereby incurred except as provided in Section 337.403(1)(a)-(c), shall be paid out
of any money available therefor, and such expense shall be charged against the owner of the
Telecommunications Facility and levied and, collected and paid to the City.
E. "',q,GllG,G[ Subject to Section 337.403, Florida Statutes, whenever it shall be
necessary for the City to remove or relocate any Telecommunications Facility, the owner of the
Telecommunications Facility, or the owner's chief agent, shall be given notice of such removal or
relocation and Gxc.:pt as plCh ;d"d <lad". "ppl;""bk lAw, an order requiring the payment of the costs
thereof, and shall be given reasonable time, which shall not be less than twenty (20) nor more than
thirty (30) days in which to ApPGal bdolG file an appeal with the City Commission to contest the
reasonableness of the order. Upon receipt of a written appeal, the City Commission shall place
the matter on the Commission's agenda for consideration within forty-five (45) working days.
Should the owner or the owner's representative not appear, the determination of the cost to the owner
shall be final, in accordance with Section 337.404, Florida Statutes.
F. A final order of the City shall constitute a lien on any property of the owner and may
be enforced by filing an authenticated copy of the order in the office of the Clerk of the Circuit Court
of the County wherein the owner's property is located.
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G. The City retains the right and privilege to cut or move any Facilities located within
the Public Rights-ef of-Way of the City, as the City Manager in his/her sole discretion may
determine to be necessary, appropriate or useful in response to any public health or safety emergency.
If circumstances permit, the mtllliGipa:liry City shall attempt to notify the Lat.~hjSG~ owner of the
Facility, if known, prior to cutting or removing a Facility and shall notify the La...,,!.;," owner of
the Facility, if known, after cutting or removing a Facility.
H. Upon abandonment ofa Facility within the Public Rights-ef of-Way of the City, the
Flan~his~c owner ofthe Facility shall notify the City within ninety (90) days. Following receipt of
such notice, the City may direct the L~lChiscc Facility owner to remove all or any portion of the
Facility if the City determines that such removal will be in the best interest of the public health,
safety and welfare. In the event that the City does not direct the removal of the abandoned Facility
by the L ~.d,;,,,,,, II." r ",,,,,hiscc owner ofthe Facility, such owner, by its notice of abandonment
to the City, shall be deemed to consent to the alteration or removal of all or any portion of the
Facility by another utility or person.
I. Notwithstanding anything to the contrary, a Facility owner agrees to provide the
City, within thirty (30) days of filing or receipt of such, any document that may prevent
compliance with the requirements of a permit in connection with the installation, construction
or maintenance of its Facilities, or use of Facilities in the Public Right-of-Way. This obligation
shall only extend to such work in the Public Right-of-Way for which a Facility owner has
applied for, or obtained a permit from the City.
Section 8. Use of Rights-ef of-Way.
A. f1andli,,, A Facility owner agrees at all times to comply with and abide by all
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applicable provisions of the State statutes and local laws including, but not limited to, applicable
zoning regulations not inconsistent with State and F ederallaws.
B. No Lat.Ghis'G Except in the case of an emergency, which shall include without
limitation an out of service condition affecting 911 service, and which shall require subsequent
notification to the City, no Telecommunications service provider shall construct any Facility on,
over, above, along, upon, under, across, or within any Public Right-of-Way which disrupts the Public
Rights-of-way Way without first filing an application with and obtaining a permit from the City
therefor, pursuant to applicable permitting requirements of the City, including but not limited to
Section 28-2.zn of the City Code ahd S""t;vu 510 o[th, Lat.d DG,dvp.u".tl R..gulatioM ofthG
etty, except as otherwise provided in this Ordinance. In case of the repair or maintenance of an
existing [aGility Facility, the City may impose lesser requirements than those set forth herein. Unless
otherwise required by the City Code, no permit shall be required for installation and maintenance
of service connections to customers' premises where there will be no disruption of the Public
Rights-ef of-Way.
C. As part of any permit application, the fJanGhisc, Facility owner shall provide a
proposal for construction of the Telecommunications Facility that sets forth at least the following:
(I) The location of the proposed Facility and [aGility dGsig,n, including a
description of the ~ feet of plant to be installed ;., th, rubl;, Rights-of-'Nilj, where it is to be
located, and the approximate size of Facilities and equipment that will be located in, on, over, or
above the Public Rights-Of-Way.
(2) A description of the manner in which the System will be installed;1l dIG Publk
R;ghts-of-Wa}(i.e. anticipated construction methods and/or techniques), tlte time required to
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construct the System, "HJ tl,~ GApGGted df.:,et on Rights-of- Wa} usagG a maintenance of traffic
plan for any disruption of the Public Rights-of-Way, including information on the ability of the
Public Rights-ef of- W ay to accommodate the proposed [ "~a;l;",, ;f "V ~l"t..k System, if available
(such information shall be provided without certification as to correctness, to the extent
obtained from other users ofthe Public Rights-of-Way). Also, if appropriate given the System
proposed, an estimate of the availability of space in existing conduits and an estimate of the cost of
My ,KeG,,;,a,y rGallang':'IllCllt of existing facilities shall be ;u"luJ"d restoration to the Public
Rights-of-Way. Such plan shall include the timetable for construction for each phase of the project,
and the areas of the City which will be affected.
(3) Iu lk Ga;,G of a TdGeo''''liu<l;Galioh'' Se"ieG P,ovider converting its facilities in (II.:, Public
Rights-of- W Zl} and s.:,eking a llG " [H\hehis.:, to off>:;l other ser v ices, a description, vvl,ele applOpliatc,
oft.v"" 6(,... v~(,(,6 V\'~11 DG COuvGJ.tGd D()i~l (,^~6t~J.:"g r a(,~1~t~G6 to ltGV\' FdG111t~(,5, Mid whdt ""lII bG dOHG
vv~tl.l \,.<^~.:)t~.l.lo r U\,.la~t~",..,.
D. The City may request such additional information as it finds reasonably necessary to review
an application for a permit to perform work in the Public Rights-of-Way, and require such
modifications to the Sy stem proposed location of Facilities to be installed in the Public
Rights-of-Way as may be necessary in the exercise of the City's authority to manage its Public
Rights-of-way: Way. This ,,,~l;vu Section does not authorize the City to exercise authority it does
not otherwise have under applicable law.
E. All vf L=,~l,;,,,,,', Facilities shall be installed, located and maintained so as not to
unreasonably interfere with the use of the Public Rights-ef of-Way by the traveling public and to
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cause minimum interference with the rights and convenience of property owners who adjoin any of
the Public Rights-Of- 'lYay. TIlG Ci~ uJ.ay ~",.;)uG SuGh 1 dks and l'gtlldt~uH" \"uHGG.l.nln~ th, Insta11at~vH
aud ,uaiJlt.cllltll~~ vf a T ~k~6.1hllu11icativu, r a~;Jily of-Way. The use oftrenchless technology (i.e.,
directional bore method) for the installation of Facilities in the Public Rights-ef of-Way is
strongly encouraged, and should be employed wherever possible. The City may issue such
rules and regulations concerning the installation and maintenance of a Telecommunications
Facility in the Public Rights-of-Way, as may be consistent with the applicable Law.
F. All safety practices required by applicable Law or accepted industry practices and
standards shall be used during construction, maintenance, and repair of the Telecommunications
Facilities.
G. In the event that at any time during the term of the rights granted herein the City shall
lawfully elect to alter, or change the grade of, any Public Rights-OF-Way, a T~kwuu"..mi.catic,Jls
S~. vi.:..c rlo\idG, of-Way, upon reasonable notice by the City, shall make any necessary removals,
relaying and relocations of its Telecommunications Facilities at its own expense, in accordance with
applicable law Law.
H. FUI1l.:.hiscc A Facility owner shall obtain any and all required permits and pay any
and all required fees before commencing any construction on or otherwise disturbing any Public
Rights-ef of-Way as a result of its construction. Futllchiscc, except as provided herein. The
Facility owner shall, at its own expense, restore such property to as good a condition as existed prior
to r.=.d.i~CG' ~ commencement of work. If such restoration is not performed in a reasonable and
satisfactory manner within thirty (30) calendar days after the completion of construction, the City
may, after prior written notice to r uthd,iscc Registrant, cause the repairs to be made at r ,=.~l.i,~~',
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the Facility's owner expense. A permit from the City a"H,v';L~;' d Ful.dGh;;,GG constitutes
authorization to undertake only certain activities on Public Rights-of-Way in accordance with this
Ordinance 011 th~ P ubJ;~ R;gIJt,-of- W Ay, and does not create a property right or grant authority to
impinge upon the rights of others who may have an interest in the Public Rights-Of- W '0'. of-Way.
Nothing herein shall prohibit the City from negotiating with a Facility owner for the
installation of a City conduit in any open trench that may be permitted; or prohibit a Facility
owner from exercising its rights under 47 V.S.C. Section 224.
I. F IdllGhlsGG 511,,11 not pIa..."" ~t;:) fuva~t~(,;~ 60 as to IntGlfGIG tllu....ui)vuubly ""fill Ml)' alha pGl.~on
lan,fully U;)~U5lL.", ruLl~G Rights-Df-Way S'Jv~H5 LL..... 1",,;)~J,",HL;, OftllG City.
1. A flUH\.Jl~""'''' ~L.c:\ll 1>10 v IdG to 111(, City a COuI1A....t.... "",1 vf"a~-bullt" plans vvltllih 5th!) (60) db) ~ aftGl
co,"pktio11 of allY COhS!1 t1~t;vu I.
All ongoing installation, construction and maintenance of
a Telecommunications Facility located in the Public Rights-of-Way shall be subject to the City's
periodic inspection, upon no less than three (3) days written notice to the Facility owner, for
compliance with this Ordinance, or any applicable provisions of the City Code.
J. A Facility owner shall not place its Facilities so as to interfere unreasonably with
any other person lawfully using the Public Rights-of-Way of the City.
K. A Facility owner shall deliver to the City, upon completion of any installation
or
construction of new facilities, as-built plans showing the location of such facilities, or other
such plans acceptable to the City Engineer. Such plans shall be provided in digitized format
showing the three-dimensional location of the Facilities based on the City's Geographical
Database datums, or other format acceptable to the City Engineer.
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L. Suspension of Permits. Subject to Subsection M below, the County may
suspend a
permit for work in the Public Rights-of-Way for one or more of the following reasons:
(1) violation of permit conditions, including conditions set forth in this
Ordinance or other applicable provisions of the City Code or regulations governing use of
Public Rights-of-Way;
(2) misrepresentation or fraud by Registrant in a Registration or permit
application to the City;
(3) failure to relocate or remove facilities as may be lawfully required by the
City;
M. Final, written decisions of the City suspending a permit or denying an
application for a Registration are subject to appeal. An appeal must be filed with the City
within thirty (30) days of the date of the final, written decisions to be appealed. Any appeal
not timely filed as set forth above shall be waived.
Section 9;
S""t;uu 9. "l,T.;U",J..I A"''-'-plau..." bJ' il..l;. F.an"h;""".
A FJ.a.l..(.h;~et ~hall, ,.,.;th;Li ted (10) daJ'3 P.;OI to th~ 'f;ffllj;...t;,,'I; dat", \If a Ftau..J.;","" 1'1\1,.;(1... au
tAt(,uted 4,1,.....0", It;;dI;Iut;;ul \If tIn; h;..d;ue t;ff"...t \If (lit; 1'1;11">3 Aud ,-uud;t;uu", \If 11:..;" 0. dhlAH(.t
and 11:..... FIAu"l.ist to the C;tJ' l\lad,ag,tI ;.. nIt; fUll" d"";e,lIal,.;d 1:1, tin. C;t".o Su,h
A"kuu,..,.lt;ae,Iu.,;ul .,hall h.... .......u.'-ul...d hJ a aut) autlHh~td Of&"IIj;I \If F.AUlLh;.,t;t; Aud .,lulU
. t;;pJt;;;n;ul HI'- Fuun..l.;.,.... AI;J.t;nut;ul betnee.ll the F.add.;.,t;t; au.} th... caJ' \If A"''I;uta.a.
S"diuu 10. Compliance with Other Laws; Police Power.
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r.au~],;,GG A Facility owner shall at all times be subject to and shall comply with all
applicable Federal, State and local Laws. A Facility owner shall at all times be subject to all
lawful exercises of the police power ofthe City, to the extent not inconsistent with applicable taws
Laws.
Section H 10. Transfer ofControlj Sale or Assignment.
A. LACGpt ill the, 'd~' of a pia fOl111ci hd1:..~f'l a~ d'6'1~bGd ~u CD) Ldvvv, tIi\..< rHIU\.Jl~",",""
shalln.::>! sdl, assign, 01 o!hcll'\ise tlansf-c1 atl} pOl!ic.n of its Faeiliti,:,s to anothe" ,101 l1an;,fcl any
l~olit.!, pUl"ua1lt tv a rJ.u.u,..JJ.~':".. Ats1.....,...d_u\,.,.l.l1 tv auvlL_,-,J. vv~lL_vut 11:...... p.l~V.l V\l.l~U.....u Upp.lvvul vftl.l'-' C~t)'
CV1U.LU~""~VU , vvll~\,.ill ,,11a11 uvt b.... UlLl,-,ui>vuably vv~LlJldd 01 dc,niGd. Applk,ation5 fa! tHtl15fGl shall
be, L.kd ~i:" t1:..G orGc" of 111G C~t)' lvldHdgGl auJ ,,11a:ll ~uduJ,,-,. 1) a "tdt"-'l1H..Ut (L.at 111.... A""'~5U""'" Vi t11v
TlatlsfGe':' has acceptcd this OldinatlCC and will op':'latc pu,;,uatlt to a Laud,;s,:, A5,~~w~dt au.1
aglGG6 to bG bOUlld by Gad! aild (..vGIJ VUl,._ oft:l.l\o.- t"'lUl.:J uuJ p.lVV~"~V.l.l.:J tL......l"-'v[, 2) 'p.lvofthat tIIG
A&&~glK' 01 TIM16&lC'- Lob." .1.11(,.( tL...... ;U~UHUJ.'-'..... auJ ;uJ.....uJ.u;E......at;vu J......qniJ.'-'uJ.Gllts of this OldillatiCG
and an) flanehisc agJccmcnt, atld J) plO.::>fthat thc A;,;,;gucG 0, T"'H,f~,~~ ],a, ~vmp];~d ,,;tl, all
[cde.lal and State. la",,5 ""ith lGgchd to tlJ.(. hau;,kJ. vf a C.....J.t;E......ak vf Pu~I;..... CvuvGlliGllCG atid
Nccessiry . If the lights glatlted hClcin ate tJansfcllcd 01 a;,sigdcd by 11,c Laud,;,~~ tv auy 11,;,.1 pill tf
;uc;.1~ut tv a hill"K", ,ak 01 assigmucnt ofthc Flall,:,hisce's F acilit;c;, If the Registrant transfers
or assigns its Registration incident to a sale or other transfer of the Registrant's assets, the
transferee or assignee shall be obligated to comply with all of tl,(, kuu, ill'.1 ~OllditiOh5 of this
O,.1;uauee atld atl) applicable FI.l.lld,;;,~ AIO'~~w~ut. the terms ofthis Ordinance. Written notice
of any such prospective transfer or assignment shall be provided to the City at least twenty
(20) days in advance of the date of such transfer. In order for the transfer of Registration to
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be effective, such writteu uotice must include the identity of the prospective transferee or
assignee, evidence ofinsurance coverage and indemnification agreement as required in Section
4 of this Ordinance.
D. All applieativll [vi apPIC,al CI[ a piC fvHlla tlansfu cf a [,&Id.;..." "I.all 1:,,, wu,;.:!".".:!
glant"d ClIl tllG thilt}-filst (31st) "alcndal day [ollo,,;Hg tl." ftl;u/S vfsueh applieativll "ith tI,e Cit}
ullks5, plio! to that datG, HI" C~t)' Hut~L......;:) tL.\..> r HtH......lJ.~.:l\",...... tv 11.1...... \..>V.l.lta.CU). An applk.atlon r01 applO val
uf a p.lU fuuua t.lUu"h.J. uf a [1(111<.1...15(, shall ,!Gall) Id,utlfy tllG appll(..at~otl. A6 6udJ, JI",",",.l~L,-, till..
plopo..."d hl1.uod"l;vu, au.:! ""pla;u "hJ th" Applicant bdie,es the 11a11sfcl is piC foll11l1. A 1.&,,,&.
shall be cOllsideled "piC [0l111a" if;t i'\,ClI ,,,... a tU\H;'f... tv a p"",vu, /S>V"P vf PCISvhS 01 busincss
,",J.1t~t) vvl..ull) vV\'.Ln."d L.r, ,-,OuLLvlkd by 01 affiliatGd ~lth tllG Fld1lGhl~GG dud ,,110.11 Hut H..."Ult ~u a
Ghchlg(, ~ll ilK ("OulJ.vl VI- vVYU\'''.l"l.L~1-' ofthG [ra1KhlsGG 01 Fla1lGhlSG(,'& 6)'6t(,,111.
C. \Vl.L'-'u ,-,vu,,~d"""J.~ug an appliGatlon EOl 11d11&fG1 of d FJ.dudl:"'''',:U udJ:l:vu to those, d(,t('l1UlllatlollS
set fvJth i.\ S""t;ou 3, th" C;ly u,,,,,l alsv detellllille that.
(I) thel" "ill be.1O Itd,e",,, "ff..d VH tl." C;l)'s iutelest ill the Flanehise,
(1) lHu.LSUICG agie"s 16 be: bOund b)' ltll tll'-' ",vuJ~t~vuS of the. [la1lGhlsG, and to a~6LUH" ull tt....
vLl~5ul~vus of its pIGdc"GSS01, and
(J) uuy outstanding GOlllplichlGG dl:..J "VH.L1-',",u~at~v.L.L ~.,Stl(,5 Me. 1(,501 ~Gd Ch fh(.,,:n,,'l \I ",J tv HI"", .,dtisfaGtion
of 1'1..,-, C~ty.
B B. Notwithstanding anything in this Ordinance, pledges in trust or mortgages or other
hypothecations of the assets of the FIMd,;,,,,, Registrant to secure the construction, operation or
repair of its Telecommunications Facilities may be made withoutthe City' "p.;o. WH,,,..t helCtludel,
"'^"'''''pt that no 5uGh pkde.'-" H.lvdlSUlS" 01 01b(,1 hypot1.l,",,,,,ut~vu .1.1.1(1) be, llladG ~f ;:'IU,-..l.l U11UJ.lgGllKnt
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vvould In a11) vvay p.lGvGut tIn... rH.u.l\,...l.l~':)\'...,", V.l ~t.., SU"''-S501 bOll) ("OhlplY~.llg vv~tl.l tl.ll".. k.l.lu>) uf a
La.."I.;,,, o.",.t"d J."."undGl, or with this 01dinatlCe 01 atl} plO,isioll of the ety Cod.:. notice to the
City's. Any mortgage, pledge, lease or other encumbrance of the Telecommunications Facilities
shall be subject and subordinate to the rights of the City in this Ordinance or other applicable law.
E. R"'iU\,;3l3 fv. Applo,..al of .\fho{')Os.ed lu\.ll...fe., ~ale o. 4\......;~.uu~ui3hAll h~ A""VU.pAU;~a hJ
4\ p4\J.u""ui vf &,..~ ihvU3AUa dvllA.;:' ($5,000.00) iv "v,..~. ll.~ caY.3 Adu.;U;3l. Ai;,..", ...v;:,i;:, ;u
pi v,""';:'3;.lIl; il&", Appl;"Ai;vu CVI i. Ausfe., sale o. ass;~.llm.e.li of tile F. 4\.l(,h;...e, '" h;"h ;:,hAll h~
Appl;cd CO>1~;~tblt ,,;th S"..t;UllO 337.461(3) "ud (S), Flu,;d" St"tut",.
S"..t;u.. 12 Section 11. Insurance; Surety; Indemnification.
A. A r!a11d:"~;i,GG 61:"dll.lHb~Ht~H, uud by ~b u,",I"..I"..pt'".ll"..I".. vftl.ll".. r .l,".ldlis,- spGGifiGall) ag!CGS
that It vvllllllalntaln th.J.Ougl.lout tl.l<:" Glit~.ll".. tl"...l.lU vf tl.ll".. [1,"1(,111s,", ~Hdtlding an) IGlKvvals th(,1(,of,
Facility owner shall at all times maintain the following liability insurance coverage insuring the
L",."I.;,,,,, Registrant and naming the City, its officers, boards, Commission, Commission
members, agents and employees as an additional insured;: worker's compensation and employer
liability insurance to meet all requirements of Florida law and general comprehensive liability
insurance with respect to the construction, operation and maintenance of the Telecommunications
Facilities, and the conduct of [1.ln.:.!l;,ce', Registrant's business in the City, in the minimum
amounts of:
(I) $250,000 for property damage in anyone accident:
(2) $500,000 for personal bodily injury to anyone person: and
(3) $1,000,000 for personal bodily injury in anyone accident.
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B. All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-I in Best's Key Rating Guide,
Property/Casualty Edition except as provided in (D) below. The City may require coverage and
amounts in excess of the above minimums where necessary to reflect changing liability exposure and
limits or where required by law.
C. A fJall~his~~ Registrant shall keep on file with the City certificates of insurance
which certificates shall indicate evidence of payment of the required premiums and shall indicate that
the City, its officers, boards, Commission, Commission members, agents and employees are listed
as additional insureds. In the event of a potential claim such that the City claims insurance coverage,
Fla:tl~hi;,~~ the Facility owner shall immediately respond to all reasonable requests by the City for
information with respect to the scope of the insurance coverage.
D. All insurance policies shall further provide that any cancellation or reduction in
coverage shall not be effective unless thirty (30) days days' prior written notice thereof has been
given to the City. A r l,tll~his~" Registrant shall not cancel any required insurance policy without
submission of proof that the fJanGhisc" Registrant has obtained alternative insurance satisfactory
to the City which complies with this Ordinance. A rlan"hiscG way Registrant that elects to
self-insure all or a portion of the insurance coverage and limit requirements required by this Section.
A r ,=,~I';o~~ Registrant that self-insures is not required, to the extent of such self-insurance, to
comply with the requirement for the naming of additional insureds under this Section. A rum~hisGG
Registrant that elects to self-insure shall provide to the City evidence sufficient to demonstrate its
financial ability to self-insure the insurance coverage and limit requirements required under this
Section, such as evidence that the L=,~I,;sGG Registrant is a "private self insurer" under the
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Workers Compensation Act. For purposes of this Section, "self-insure" shall also include a
L~idi;5C" Registrant which insures through a "captive insurer" as defined in Section 628.90 I,
Florida Statutes.
E. A F lauchis" Registrant shall, at its sole cost and expense, indemnify, hold harmless,
and defend the City, its officials, boards, Commission, Commission members, agents, and
employees, against any and all claims, suits, causes of action, proceedings, judgments for damages
or equitable relief, and costs and expenses arising out of the construction, maintenance or operation
of its Telecommunications System or Facilities, Ill, ,.,uan,t of f1/lIlchisGG , s btlsin,ss in th, Cil) , 01
~H UlJ.] 'IVa] m~..,~.uo vut vf Lt....... r .l('u.l\,.J.l~..,.........'.., GlljCJ lllGli't ('.II GXGIGlSG of a franGhls" gHtlJ:tcd hGIGtlnd("'l,
regardless of whether the act or omission complained of is authorized, allowed or prohibited by this
Ordinance 0, a F,~idii^, ag,GGw""l, provided, however, that L<u,,,I,;,,,,,', a Facility owner's
obligation hereunder shall not extend to any claims caused by the misconduct or negligence of the
City, its officials, boards, Commission, Commission members, agents or employees. In addition,
and notwithstanding anything to the contrary, any La""I,;,,,,, !5,<u,t...d a ,GIl,,,al of a frallchis,
Telecommunications service provider seeking initial or renewal registration on or after the
effective date of this Ordinance shall indemnify and hold harmless the City, its officials, boards,
Commission, Commission members, agents or employees from any claim arising by a third party
under Federal or State law, provided, however, that flallchisCG' s Registrant's obligation hereunder
shall not extend to any claims caused by the misconduct or negligence of the City, its officials,
boards, Commission, Commission members, agents or employees. This provision includes, but is
not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit
or proceedings;-and, claims arising out of copyright infringements or a failure by the fUlIlch;sGG
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Registrant to secure consents from the owners, authorized distributors, or providers of
telecommunications services, and claims against the r ",uchis" Registrant for invasion of the right
or of privacy, defamation of any person, firm or corporation, or the violation or infringement of any
copyright, trade mark, trade name, service mark or patent, or of any other right of any person, firm,
or corporation. City agrees to notify L"uchiscc the Registrant, in writing, within tw (10) daJ s a
reasonable time of City receiving notice, of any issue it determines may require indemnification.
Nothing in this section Section shall prohibit the City from participating in the defense of any
litigation by its own counsel and at its own cost if in the City's reasonable belief there exists or may
exist a conflict, potential conflict or appearance of a conflict.
Section 1213. s"~u,;t~ Fudd.
A. A F..:un..h;;:,,,, Ae.etJ.b~ul LU."J l'd),.;d~ lIIdi, p.;OI tv 1IJ.~ Fuu.ld..;~~ hll;,-uu.;uf; ,fft"l;,...:;, tIn;
FIAU...h.;,3"", 03hall pU03l ",;U. the Cay a ,n,,-u.;tJ fuua. Su",h fuLid Illay J:,,,;i1 thll; (VI In \If A (.4~h
deflo;,;t, I",U~. of (,It;:d;t, ,",U.pOI alII; eiUCU "..tee, ;l1dnuu;ty bO.ld VI ~UllI;tJ bOlla 4o:t d",td -,u;.led
LJ HI'" caJ' ~IAn4e"I ;.1 h;~/h"I ",vi.... d;;!t\.. ,,(;\1..... The .!te",uJ. ;tJ fuud n ;Ulh. u.,,,,d to II;U.,UI.... H.,
F. cun,h.;.,(,t ~ ~ f,,;U.fu) p". fOJ.IUAU"'''' \If Add \,.ulupl;"u(,t ,,;tl. allp_ \I,. ;~;uu., uflh;~ 0. d;U4U,-"" tlIt
FJ.An,.1I;~e "l;J.I;II;;U.,",...l, aud \JtIn... Al'pl;"ahlll;; lAn, Alld ",uuJ.l'l;"u",~ ,.,.;th "II u.d(,103, p~IIU;t" Alkd
d~I",,,t;(h.,, ufHn" caJ, and Hn" PA] d.lent hJ th~ F .Au"ll~""'" uf AdJ "la~lu", l;ed03, f~"", \II tAAt-3 dut;;
HI" caJ "ll~"h AI ;...e hJ I "a"uU of Hl~ ,-un"lt u(,t~un, up~14t;Ou u. luaillteu4n"", \If the "J"t"'UI.
Th~ aUluunt of H.", O3(;(,u.;tJ fund ...llaH h", nO Ie"" Hlan T ,,~utJ-fi.,..e Tlluu"4ud DoHal"
($25,600.06), ,,1.;,,11 ~" Hie d.;U;UIUIU 4.LUUuut H.At th~ C;tJ dett;;1 ul~n"''' ;~ Ut;;"~""A. J tu pi ut",..t
HI~ }luhl;(" tu p.\I,..;de Ad~':Iuat" ;u(,eut;,..", t\l the F I al1"I.;~ee tv,-uulplJ ,,;HI th;" 01 d;lIau,,~ Aud
the FIAII"I.;,,(, A~I~~.uult, And tu ",uAble HI~ caJ to ~f&,-t;,..el) ~lIfu.,,(; (,olupl;An(,e HI~I"'n;H..
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The a....lODnt vf H..", ,,"''''u.. a, fuua Illd, be dlodifi~a ;... " F.. 411.1,.1.;"1; A~.. ee..k1.edt ;1.1 tll'" ca,." "vII;
d;S(1 et;on, bA31;d vu fA...tV" 3 ;u...luJ.;ug but dot I;ul;tl;a lv, '" I ;U~u.. t;"'VIUIUedd4t;Otl~ fl VIII vthu
Iv(,dl fl addl.;,,;u~ "UtlIVI ;t;1;3 thAt Il;hulAtl; thl; F I d.....d..;;\(( aua tll'" F 1411.1,.11;"1;1;." \.vlll}JI;AU(,e
dd.d/ol .d.Od(OIUpl;AU..." '" ;tll till; Il;huIAt;vu" fll ou.'lul~A.ted b,y othel fl Au"II;";U~ "utllVI ;t;1;3. The
FI4.tl(hbe Ahll;l;lUI;Ut UI"J PIV,,;dl; fVI till; fllo(,edule~ to be follo"'l;a n;tll 1"'3}JI;...t tv till;
.s"'''UI aJ fuu<1. Nl;ahl;l till; PV3t;uh vf tile ".bh deflO;\;t 01 fa;.tl~ vf AU ;UaI;Ulu;tJ bvua VI AUJ
fVJlU of '-'uletJ bOda ",;tll th" caJ, UUI till; 11;"'I;;pt vf "UJ dd..u..A.~e~ leco"eJ.ed hJ tll" caJ
thel eundl;l, 311,,11 h" "Uu.,l.. u",a tv I;lL"U31; f,,;thful pel fOI ulA.d(e bJ the F I alldli3~'" VI I;u..;t till;
I;AbaaJ of the F. "U"h;3"''' uuau tll" tu IU3 vf a., F I "II..J.;.,I; fVI aAUI,,~e3, e;tllel to lhe full
AIUVUllt vf till; hvud VI Vthl;l '" ;31;.
B. Nvt",;th3l"ua;uh AUJ vf tI.", "hv""" thl; C;tJ, U}Jvu tll;ltJ (30) dAJ3 ,,<1"AII\.1; ",..;UI;U uot;(.e
"I""IIJ "t"t;ue thl; II;A.,VU fVI, AU<1 a3 ;ull;ut;vu tv I;lLl;l"I.,1; ",ahald"'d.1 I;~ht~ uIldel th;.-.
Suh."diuu,111"J ..itJ.d,a.. a,l a.lluu.lt fi/hll the Se(.u.itJ FUlld, pi/hided that the Flan,hisee
ha., nvt I ";Illhu.. .,,,,a th" C;tJ' (v.. .,u"h Au..uuul n ah;u II.", tI..;..IJ' (:38) dAJ''' uvt;"" p"''' ;va.
\'/;Uldl An ,,13 IUAJ ))" IUAd" ;f Un; F I "n"h;3""'.
(1) FA;I., tv IUAlt." AUJ I'AJIU,,"Ut I "''fU;1 ",a tv))", IUAd"'))J th", FI"u(h;.st.t hClcuude.,
(2) FAil" tv PAJ AUJ 1;"u3 I ",IAt;U~ tv t11'" fA"aa;"" t1IAt AI'" au" "na uupa;d,
(3) F,,;13 tv I ",;..uhul"'" th" caJ' (v.. "UJ aAuIAge~, da;uu, cosb 01 elLfJe.He~ ",11;dl till; caJ' II""
))1;1;1.1. "vulpdll;d tv PAJ VI ;u"u. hJ I "A3VU vf AUJ A"t;Oll 01 dOd-tlel fO..lldd(.e))J tI.l; F I Au...I.;.,I;I;,
or
(4) F"a" to (Odlpl, ",;tI.I AUJ p.Vl't.,.VII vf 1I1;" O.a;UAU"1; o. F.A...(.h;.,1; Ah.I;I;Utl;lIt, ",11;,,11
f,,;lull; lit" C;tJ' a",tu .u;.le... (.4... be .I;.ul;d;l;d hJ' "u "lLp",ud;tu. e of ad dlllvuut fl VUI tI.", S""u. ;t:y
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Fund-;
c. .V;U.;d ill;. tJ (38) d4J~ aft.,;) I to;\.t;;pl '-If" 1 ;Ut;U uul;...... f. um tIn, C;tJ nUll AU] Aluuuut lu,~
l,,,,",,u n ~lhdl An J.I. (. v.ln tIn; S"',",Ul a". F uud, lh", F 1 Au...h~.,,,,'I; .,Iu,ll. t;"tUI If; tI).t; S"',",Ul ;tJ F uua tv tIu;
AUluuul .,l'......a~;...d ;1.1. t1..;., S...,.J;uu.
D, The I i~ilt~ I e~e. . ed to the Cil, .. ith I e5ped to the ~e'UI it, fUlld 01 all iJldtlll1lit, bond .11 e
~u add~l;uu tv all ull.",. I ;~hb \If tIn; caJ, n 1..",tI.I;. 1 "''''''. ~ ,,(I bJ' ll~.;., o. d;U4lU,t; VI Quilty. ~"d
hJ utI.". Ian VI HI'- FIAlnJ.;;:"., "el\.uuu.t, Aud uu ,,,J;uu, 1'Iu......",d;.II.e VI "An...;.,,,, \If A .;el.t n;U.
le~ped to ~udl ~e'ulit, fulld 01 i'ldhnllit, hOlld ..ill affed all, uth"l li!;ht H." Cit, III'" II".",
S"diulI 14. Construction Bond.
A. Prior to performing any work in the Public Rights-of- Way, a r.=,~I,i,~~ Registrant
shall establish in the City's favor a construction bond in an amount specified in an engineering
permit or other authorization as necessary to ensure the fl/lhGhisGG's Registrant's faithful
performance of the construction or other work in the Public Rights-of-Way, in accordance with
Section 510 of the Land Development Regulations of the City. The amount of the construction bond
shall be as set forth in the engineering permit, and may be modified in the City Manager's sole
discretion, based on the cost of the construction to take place in the Public Rights-Of-Way, and any
previous history of the flatlGhi!>GG Registrant concerning construction within the Public
Rights-of-Way of the City.
B. In the event a f1atlGhi;,cG Registrant subject to such a construction bond fails to
complete the work in a safe, timely and competent manner in a~w,d accordance with the
provisions of the wginG(,i"g permit, there shall be recoverable, jointly and severally from the
principal and surety of the bond, any damages or loss suffered by the City as a result, including the
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full amount of any compensation, indemnification or cost of removal or abandonment of any
property of the flalKhisGG Registrant, or the cost of completing the work, plus a reasonable
allowance for attorneys' fees, up to the full amount of the bond.
C. No less than six (6) months after the completion of the construction of the
Telecommunications Facility and payment of all construction obligations to the satisfaction of the
City, the City may eliminate the bond. However, the City may subsequently require a new bond for
any subsequent work in the Public Rights-Bf=of- Way.
D. The construction bond shall be issued by a surety having a minimum rating of A-I
in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City
Attorney; and shall provide that:
"This bond may not be canceled, or allowed to lapse, until sixty (60)
days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent to
cancel or not to renew".
E. The rights reserved by the City with respect to any construction bond established
pursuant to this ~CGtioll Section are in addition to all other rights and remedies the City may have
under this Ordinance, tIt" rLa...L\.J.L~~'" Ao.L"",,",u.LI..ul, or at law or equity.
F. The rights reserved to the City under this o~~t;VH Section are in addition to all other
rights of the City, whether reserved in this Ordinance V< r,"H~I.;5O:;G AgIGo:;n.Gllt, or authorized by
other law, and no action, proceeding or exercise of a right with respect to the construction bond will
affect any other right the City may have.
Section is 13. Enforcement Remedies.
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A. In addition to any other remedies available at law or equity or provided in this
Ordinance 6r in any FI'llIi~hise Agreem~nt, the City may apply anyone or combination of the
following remedies in the event a Pianehisee Registrant violates this Ordinance, its Fl!tnehis~
Agreement, ll]3r-li~llbl~ State 5r Fedcrllllll.., or applicable local law or order related to use ofthe
Public Rights-of-Way:~
(I) FlllI,~his~~'s flliltll~(l) Failure to comply with the provisions of this
Ordinance, Ii rllinchisc A~ICClllcnl, v. or other law applicable to users and/or occupants of the
Public Rights-Of-Way, ~ may result in imposition of penalties to be paid by the Franehiscc
Registrant to the City in an amount of not less than One Hundred Dollars ($100.00) per day or part
thereof that the violation continues.
(2) Frllflehisee's fuiltllc t5 e5n1r-1) ..iN, Sceti6fls 3(A) and/6f (D) h~f~in Shllll rcstllt
ih imp5siti5n 5fpenlll1ics t6 be paid b) the Franehiscc 16 t.hc Ci1) iflllllllll,5t111t 5fn5t kss thlll1 OflC
Th5t1sllIld D5llllls ($1,000.00) pel dll) 51 part ilicrc5fthat thc ,i6lati6n e5ntifltles.
(3) RC,5kc thc &llIl~his~ ptlfStlant t5 thc preeedttrcs speeified in Sceti5n 16 hew5f.
f41 In addition to or instead of any other remedy, the City may seek legal or equitable relief from
any court of competent jurisdiction.
B. Before imposing a fine pursuant to this Section, the City shall give Ffanehisec written
notice of the violation and its intention to assess such penalties, which notice shall contain a
description of the alleged violation. Following receipt of such notice, Franchisec the Registrant
shall have thirty (30) days to cure the violation and the City shall make good faith reasonable efforts
to assist thc Pillllehisec in resolving the violation. If the violation is not cured within that thirty (30)
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day period, the City may collect all fines owed, beginning with the first day of the violation, either
by removing such amount from the security fund or through any other means allowed by law.
C. In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the violation,
the nature ofthe remedy required in order to prevent further violations, and such other matters as the
City determines are appropriate to the public interest.
D. Failure of the City to enforce any requirements of a Frllfiehise Agleenc1eflt (\I this
Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent
violations ofthe same type or to seek appropriate enforcement remedies.
E. In any proceeding ..helein thele exists an issuc ..ith rcspeet te a Frflflehisee's
performance efits ebliglttiefls pursuant te this Ortliflllllee, the Fiflflehisee has, thleugl,otlt lIb) sud,
pleeeeelings llfi6 flI'l'ea13 thcle5f, the bmelcnefpre.ing thltt said Fnmehisee is in eempliflflee with
the terms efthis Oldinllfiee. The City Cemmissien m!\) fifld a Franehisee that dees fl6t aem(')flstrate
eemplianee ..ith the terms lIfid eenditiefls ef this Olelinanec it. deflttllt and appl) llfiY em; 5r
eambinati6ft 6fthe: Ie:lueclie3 6tnerv~ i3e fttlttolizeel b) thi3 OrtlifUtflee.
Seetien 16. Rc.eelttiefi er TerminlttieflefFrflflchisc.
A. A Franchise m!\) be re.eked by the City Cemmissiefi f5r Franchisee's fltiltlfe to install, eeflstltlet
er maintain the Tclecemmuniclttiens System 61 Faeilit) as requiled bj this Oldinflflec el the
Franchise Agreement, er fur ltflj etl,er mltterial . ielatien efthis OHiiflltfiee er mltterial breach efthc
Flltficl,ise Agleell'leflt el rnatelial 'tiellttieflefFecleral, Stltte, erleealla... Te in, ekc the pie. isiefls
eftLis Stlbseeti5f1 CA.), the City shall gi.e the Flanehisee ..riltefl notice, by certified mail ltt the
lldcl:iess, set ferth in the Frltnehise A.gleement thllt Frllflehisee is in mlttetilll ',i5lltti5f1 ef this
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Oltiirlllfiee elr material breaeh ef the Franehise f.greeh1ent Ilflll deseribe the hature elf the alleged
.v'ialati511 51 bIcae:h nitt 31'edfieity. If.v.{ithin thirty (30) e;akhthtf alt)3 fo1l5ning re;edpt af 3tle:h
"Iiltefi hetiee flefi1 the City tethe frllftehi3ee, the fnlllchi3ee has not ellled sueh ,iolatiofi (l! bleaeh,
er has fiet eelmmeneed eerreeti, e aetien llfid sueh eerreeti, e aetieln has fiet been aeti. el) llfl:d
expeditielltsly I'tlfsued, the City may give written netiee to the frllfiehi3ee ef its intent te re. eke the
frllflehise, 3tating its reaSCjfi3.
D. Pri", te re.eking a fIllfiehise nndel Subseetion (A) hew5f, the City Cmuldissiell, shall held a
pub lie hellling, lIJ'en thirty (30) ealendar dll)s fietiee, at "hieh tilue d,e fIllflehi3ee lllld the pttblie
stall be gi.eh an eJ'J'ertl:ll1ity t6 be heard. f511e"ing the J'ttblie hellring the City CClmmissi5fl lull)
determine" hetlteI 15 Ie. 5ke the Frafiehise based 5n eyiclenee presented at the hellring, lllld other
eiidenee 5free5rd. Ifthe City Cemmi3si5n determine3 t5le,eke a FIllfiehise it shall i3sue a Nritten
deeisi5n setting furth the Iea35ll:S for it3 deeisiens. A e61') of sueh deeisien shall be lIll113mittea to
the franehisee:.
C. N<5f\, ithslllflding SubseeliClns (A) and (D) heleef, ll!l) flllfle:hi3e mll), at d,e optiml of the City
fullo"ing apttblie hearing be:fore the City Cmnmis3ion, be re,okecl 120 ealencllll days after an
a33ignme:nt f(jJ the benefit of eI eelitClI s 5f the al'p6intment 5f a reee:i, eI 01 trustee t<5 take e ier the
btlsiness of the franehisee, "h.;;tteI a Ieeei . eIship, reClfgllllization, bllfikt t1pte) a3sigfiment fer tlte
benefit 5f "editols, 51 eH.eI !leti5n elf pr<5eeeding unless "ithin t-hat 120 dll) peri5d. (1) suvh
assignment, reeei, ffshil', 51 tI t13teeship has been, aeated, 5r (2) sueh !lssignee, re:eei. eI, 51 tr t1stee
tas ftlll) v6mplied "ith the terms ll!ld e5nditi6fls 5fthis Ordinllfiee and Franehise Agreemehtlll,d
has exeetllvd llllagleemel,t, llJ'pr6 ,ed b) a eeurt efeempetentjurisclietien, to be b6t1nd by the tVm\S
llfid eClnditiell3 5ftl,is OIdinllfiee lllld the fllll,e1,ise Agreement.
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D. 1ft H.e e. em ef fereelestlre er ether jtleieial sale ef all) ef the faeilities, e'ltlipmem, 51 I'lel'erty
ef a FIllflehisee, the City may re,eke the Fnlllehi3e, folle..ing a ptlblie hearing befere the City
C5ImniS3ieft, by gel ,iI.g netiee tlpeft the Flaneliisee 51 the stleee3sftll bieeer at the sale, in ..hieh
e. er.t tl,e FIllfleLi,e Me all rights Me pri, iicge, efthe Franchisee.. ill be re. eked Me Y. ill terminltte
thirty (30) ealene!lf aay g after sel ,ing stu;h Mtiee, tlilleS3 the Stteees3ful bidder has ebtainea H.e
neeeS3!t1] eertifieates, and ether lltltherizatieng pmsllam te !tJ'pliellble Stltte, Federal and leeltlla.. s,
!IfId: (1) the City La3 !tJ'ple.ea the tl!lflsfer efthe FIllflehise te the slleeessflll biaaer, er (2) the
stweessfttl bidder hag ee. enllfltea!lfld agreed.. ith the City te agstlfile!lfld be betll1d by the tel'lll3llfld
eenditiens efthe Frllfiehise Agleeme:nt ana t-!1is Ordinllflee.
E. If the: City re, eke:s the Franehise, er fer any ether rea,en a Fr!lfle:hise:e llbanaen3, terminate:s er
fails te maintain its faeilities foI a prnea efsix (6) menths folle..ing Flllflehi,ee's aee:e:rtifieatien
a3 a Telee:emml:lnieatiens Celllpany by the PSC, if !tJ'plieable:, the: fellewing pffieeellres and rightg
&1(; effective. (1) die Cit) nUl) requite the f6fff1CI Flt\l1Chi:3cC to le1116.(; itJ fadlitic3 and equipnlcnt
at the: fermer FrMehisee's expeme, ifthe: fBrmeI Frllflehise:e f!lii> te aB se ..ithin aleagenable l'e:liea
eftirue, the City may l,a,e the feme .al aene at t-!1e: femler Franehise:e'g llfld/6r stlre:ty's expense; (2)
ll,e City, by le,511ltien efthe: City CBmmig,ien, may ae:'lllire e..nerghip er effeet the trllfl,fel eftl,e
Teleeemnmnieatiens Facility er Sy,tem stlbjeet te the limitatieng set forth in Se:etien 18 herein ana
in any Frllflehi3e Agreeluent, 51 (3) if a Tele:e:emnltlllieatiBm System i, llbandened by a Frllflehisee
the City may ,ell, agsign, er transfer all ell'ltrt efthe aSSet3 Bfthe System 'lIbjeet te the limitatien3
se:t forth in Se:elien 18 herein Br in !tit) Franehise Agleement. Nething herein shall be e5nstrue:a te
limit lhe City 'slight te "elitien the PSC f51 llJll'lepriate relidin the ease ef a Tele:eemmtll1ielttielfl,
Cm"pany ..1,ieh llbllfle511S, terminates el fails te eperate eH maintain a Facility .. ithin tl,e Flllflehi,e
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AfEa f5ra peIi5d 5ft..ent) Wtll (24) m5llths.
F. Na ad.el3E aeti5n again3t the Frllflehi3ee may be taken b} the City, ptlf3t1Mt 15 thi3 SeetieJll,
..itheltlt 1l6tie.:: llfla a ptlbIie hearing!tt ..hi.::h the Ff!tllehi3ee i3 gi.en llfl e;pp6rtttllit) t5 par!ieip!tte.
Seeti6n 17. Rene.. al6fFlltnehise.
A. Up5h reeeil't 6f the rellc..allll'plieatielll ..ithin sixt) (60) all:)3 pliol t6 th.:; expif!ttielll 5f!tll
existing Ffllflehi3e, the Cil) 3hall pttbli3h h6tiee 6fits feeeipt llfl6 mllke e6pie3 a. ailable t6the pttblie.
The City, f6115..ing fni61 pttbIie n6tieE, mil} h6Id 511e 61' ffi5fe ptlblie helllil.g3 6n the fenE..al
lll'plie!tti611.
D. Th.:; Cit) C6mmi33i5n3hall e6fi3iel':;l the fClle..allll'plie!tti6n!tt a pttblie hearing at ..hie!. the Cit)
C5mmi33i6n .. ill eithef (1) pa33 a 1':;36ItltieJll agfeeing 16 nne.. the Ffanehise, 311bj.:;et 16 ncg6ti!ttielll
6f a Ff!tllehi3e Agleerne!lt s!tti3fact5f) t6 the Cit) !tIla a FI!tIlel,i3ee; 61' (2) pa3, a le36ltlti6n th!tt
milke, an aS3e33ment th!tt the Frllflehi3e 3hall Ilat be relle.. ea.
C. The Cit) IE3el . e3 the right t5 e6n,idel llfl) !tIld all . i6l!tti6fl3 6fFedefal, St!tte, !tIlal6ealla.. Md
!tIl) Md all pel.ding . iaI!ttiems 6f thi3 Ofdin!tlleE flI 6f a Ffanem3E gflll,tea pttr,llll!lt ta 3t1Eh
Oldinanee in dEtEm,ining "hcthef e;f nat te; gIllflt the rene..al6fa Flllllehi3e.
D. The Cit) 3hall glll!lt a fElle..allll'plie!tti6n t1fl611 a finding th!tt:
(I) The Cit) llflathe Franchisee shall aglee e;n the tErm, 6fthe Ffllflehi3e AglEEmellt bef6re 3t1Eh
lenE..al bee6me3 effe:eti.e.
(2) An) 6t1t3tMeling e5mpIilll1ee Il!ld e6mpen3ati6fl 133t1eS ME le36!. ed 6f ple,Ef\ ea t6 the
3!tti3faEti611 6f the Cit).
E. If a lelle..al 6f a Fianehi3e 13 la..fall) delliea, thE Cit) mil} fleejtllle 6..ncf3hip 6f the
TEIee6mmtlfiie!ttiem3 S) 3tem 61' FaEilil), 61 dicet tJ.E lIllfl3fCI e;f thE 5.. nel3hip 5f thE S} stem 61'
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Faeilit), er dfcet the Hftflsfel te ftflether persenl:lpen appre.alefthe Cit) Cemmissi5n sl:lbjeet te
the limitatiens set f6r!h in Seetien 18 hrn:in ftfld in aIlj FrMehise Agreement. The Cilj mil) net
aeql:lile e..helsfiip efthe S)stem er raeilit), 131 Il!'pl'6.e a trftflstCr dtlring ftfl Il!'pealefa denial fer
rene..a\.
F. If a renewalef a Franehise i:!la..fl:llly denied and ne appeal te a eel:lrt is pending, and the City
dees net j'll:llehase the TeleeClmml:lllieatiens System 131 Faeilit), 5r dfeet the !iansf" ef t1,e
Telee5mml:lnieatiem:! Sy stelu 5r raeilit) te an6th" j'leI361., the Cit) mil) reqtlin the f5m,er
Frllflehi:!ee te reme,e it:! FaeilitiEs Md eqtlipmcnt at the f6nnel fIllflehi:!ee's expen:!e. If the f6rmer
Franehi:!ee fail:! te de se .. ithifi a reaS6fiable peri5d eftime, the City mil) fia, e the reme.al defiE at
tne f(HluCr Fr8fidrigCC' S 01 3tH ct) ':3 cxpefi3C.
Seeti5fi 18. Ml:IlliEij'lal O..nelship efTeleeemmtlnieatiefls Faeility.
A. Up5fi t1,e re.eeatiefl6fthe fIanehi:!e, 61 terrninati6n thered ..hele a fIftflehisee ha:! net gi,en
timely .mtten n5tiee te t.fie Cit) that it ..ill seek fehe..al6fthe Franehise pltf:!l:IMt te Seetiem 17
hele5f, the City shall ha,e thE right llI1d pli .ilege, at it:!6j'lti5n, t6ptllehase t1,e Teleeemml:lnieati6ns
Facility heldly atItfwrized, er 5ther pr5perl) l:Ised Iffider 5r in wnneetien ..it.fi a Frlll1ehi:!e grftflted
helelffider,el sl:leh part ef sl:leh p"'perl) as the Cit) mil) desire t6 j'll:lleha:!E at a .altlatien eftl,E
j'llepert) leal ftfld pers6nal dEsind, ..I,ieh .altulti5n shallleplesent thE fair mar~et .allle.
D. l. FIMehi:!e Agreement mil) Pl6.iae that ftfl entity ethel thftfl the City ha:! the fil:!t 6ptien te
pl:lfchll:le 61 t6leeei.e ill. a lfllfisfcr agnement the Te1ee5mmlffiieatiefi:! Faeilit) in the e,ent that a
FllIilchi:!e i:! terminatEd, le.eked, net rcne..ea 61 Hftflsferred. Any slleh entit) granted a filst 5ptien
t6pl:lleha:!e elleeei, e the Telee5mml:lllieatien:! Sy stem 131 radlit) lull:!t agree in .. riting 61, er bd5rE
the effeeti,e date 6fthe j'lllfeha:!e ()I trMsfcl that it agree:! t6 be bel:lnd b) all terms Md eenditiens
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6fthis Olaillllllee llfIa llfIj Flllllehise g:tll!ltecll'lIrstlll!It t6 this Ordilllll1.ee alla allal'l'lieable Fecleral,
State llfIa 16eal la..s. An) stleh entity glll!ltea a filst 6!'ti61l te !,lIrcha3e 6r te reeei,e the
TdeC6mmtmieali61ls Faeilit) mast fibtaillll:lIlleeessllf) trll!lehises, !'eflllit3, eertifieates, lieellse3ll1ld
6thcI lll!theriEati6n3 reqllirecl b) ap!,lieable Federal, State ll!Id 16ealla.. !,"elr t6 I'tlfehasillg 6r
re:eei,ing the Telee6fflffltlnieali6ns Faeilities. The first 6pti6n t6 Plllehase fir t6 reeei\e the
Tele:e6mmtmieali6n3 Faeilil) shall be fillll and ,6icl if the 61'ti61l hfilder dGe3 n6t fulfill all
6bligati6hs llfldcr this Oldinanee, a Fill!lehi3e Agleemenl, and alll!l'lIs applieable tG tigers ll!Id
6cetlfllllll3 6fthe Pttblie; Rightg Of Wll).
Seetiem 19 before the City Commission wherein there exists an issue with respect to a
Registrant's performance of its obligations pursuant to this Ordinance, the Registrant shall
be given the opportunity to provide such information as it may have concerning its compliance
with the terms ofthe Ordinance. The City Commission may find a Registrant that does not
demonstrate compliance with the terms and conditions ofthis Ordinance in default and apply
anyone or combination of the remedies otherwise authorized by this Ordinance.
F. The City Manager or his/her designee shall be responsible for administration
and enforcement of this Ordinance, and is authorized to give any notice required by Law.
Section 14. Force Majeure.
In the event a Flanchiscc's Registrant's performance of or compliance with any of the
provisions of this Ordinance or tll" rlMKhisG",'" rJ.UH....JJ.~"'" A5.L"-'''-'HH.-'.l.lt is prevented by a cause or
event not within the FlaI1Ch;scc's Facility owner's control, such inability to perform or comply shall
be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided,
however, that F"ludi;S':'C such owner uses all practicable means to expeditiously cure or correct any
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such inability to perform or comply. For purposes of this Ordinance and at,) f1allchlsc Ag"CChlwt
guhlk,d VJ. n..uvvv...,d L.I...L\..>UiJ.JG1, causes or events not within a FJ.lu.!d.L~.:II.."..'" Facility owners control
shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and
other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and
restraints imposed by order of a governmental agency or court. Causes or events within Flanchiscc's
Registrant's control, and thus not falling within this Section, shall include, without limitation,
LaHchiscc's Registrant's financial inability to perform or comply, economic hardship, and
misfeasance, malfeasance or nonfeasance by any of LaH~I.;,cc's Registrant's directors, officers,
employees, contractors or agents.
Section 15 26. Rep€oal of Co.1fl;<.t;ul; O. d;u..u~~..
All o. d;l.u'un..~3 VI pAl t vI O. d;u,uJ.""'~, a.tld all. t.,ulut.iuu" VI 1'41 t uf I. ",,,ulul;uJ.l~ i.d. ('od,fl.i",l
I.n "',.,. ill. b,,,, aud tin; sa.ue A. e he. ",1,J . "'1''''al"J tv (1." "'Alent of ",u<.h (,uufl..i"t.
S'f;'"t.iun 21. Sal'.il.le".
All f",,,,,,, ...lulI elf;''' and fi..lIAu".ial obl;~at;()n., 1" "',.. .iuu"l) A'-U u...d p11. 5ua.d.t to AU) O. d.iu",n.,,,,, And
. ,,",ulut.iuu", .'f;'f)ealed PUI3UAUt tv S""t.iun 28 "h(ht ~h.all ,outiuulf;' tv J:,,, du,", Aud ()n;I"~ unt;J
paid;
S",,,t.iuu 22. Se"e.abaaJ.
Th" p'''(h;~;().LI'' vI th~~ O..d~UAU(.e a..e ded4.."d tv J:,,,, ~"'l'dable aud a AU,)' ~",,,t~vl.l., ~ed.teJ.u,e,
d4U~" V.. 1'h"A~" "f th~.3 0..d~U41.1."'" ~h411, Eo.. aU] ""4~vl.l., J:,,, held to J:,,, ~l.I.l'AI~d v..
uu...vl.l.~taut~o.dal, ~ud. d""'~i3~VI.I. .31"AlI...l()t aff"",t tl..", l' AI~da,)' of the .. ""U4~I.I.~Ue .3"",l~o..u, ~el.l.t"u"".3,
dau.3"~, Aud 1'1.... 45e~ oftl..~~ 0.. d~uAu(.e but .31"411""U"4~U ~n effe"t, a J:,,,,~ue the le~~.314t~1'''' ~l.I.tu..t
tl"At th~.3 0.. d~U4U"" ~h411.3tAl1d ...l()t";th~t4I.1.d~l.I.~ the ~ul'Al;d;t] vf aLl] 1'A" 1.
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S~d;Ull 23. Reservation of Rights.
A. Doth dIG City and thc f1a:l\chiscc I'S'I,' and lUlly sed. any and alll,m,di.os a,ailllbk at
La". NdtfKI the City nOI th, [IMchi,,, ,hall boO dccl11ed to ha" "a;,cd My l;g!tt, 011'lli,d;" at
La" by ,iltlK of aCGoOpting a flal1chisc AgI,chlwt pulSullilt to th;, O,d;uilllGoO.
B. The City reserves the right to amend this Ordinance as it shall find necessary in the lawful
exercise of its police powers.
e B. This Ordinance shall be applicable to all tdcwwmtl11i.:.atioDS rlatld,is'-s glatltcd,
wl,,,,d 01 t1atlsfcll,d Telecommunications Facilities permitted to be placed in the Public
Rights-of-Way, on or after the effective date of this Ordinance, and shall apply to all
tdCGOllhllu11~'dtl()i~.!> r.ldH,-,L.~"...." UJ. utI.......! uu.tl.Lvl~zatioh5 g,la1dGd existing Telecommunications
Facilities in the Public Rights-of-Way prior to the effective date of this Ordinance, to the full
extent permitted by State and Federal La\';. A T~kwuuutlllicatio1l5 S'hic, rlo,id'l 'ubj'Gt to It
pliol ,xistillg f1atlchisc 01 Otll'llluthol;"",t;ou to u,~ th~ Pul,l;~ Rights-of-Way shall cOlUply ,,;th
al'l'h~<1Lk, but shall not operate to impair rights expressly granted by prior City Ordinance
for the duration of such authorization. In the event of any inconsistency between the terms
and provisions of this Ordinance ,,;tl,;U uill'-" (90) day S o[(h, dfed;, ~ ddk l,~, wf. Auy additiohal
IGgulat~()116 AJoph..d Ly tll'-' C~ty tl1M at, appliGabk to all (,ilt~tJ ~H"tall~H5' ,",vU<:ll.L uGting" o11uaintainillg
raGil~t~(,~ ~H H.L"-' PuLl~"" Rig,lds-of-Vlay &hall be, ~HGvlpV.lat",J :utv this OldinallCG ilild cOlupl:,-,d vv:tl.L
by all FL/;\1lGh:&c""., vv :tL:u tL.:l ly (3D) day 5 ofth, ddk of ~Jvpt~vu of 5tKh addltlolldl J.G5ulat~uu.:l uuk55
~J.upV.:l~t~vu uf 5UC,t IGgulatiC:hl& ""OuIJ b.... utI!,,! ""IS" plohibitGd by dppl~....aLl.... Lay\'. and an existing
franchise or other authorization, the existing franchise or other authorization shall prevail.
Providers with existing lines and cables have one hundred and twenty (120) days from the
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Effective Date ofthis Ordinance to comply with the terms ofthis Ordinance, or be in violation
thereof.
S.,d;'hl 24 SECTION 2.
Repeal of Conflicting Ordinances.
All ordinances or part of ordinances, and all resolutions or part of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 3. Savings.
All fees, charges and financial obligations previously accrued pursuant to any
ordinances and resolutions repealed pursuant to Section 2 above shall continue to be due and
owing until paid.
SECTION 4. Severability.
The provisions of this Ordinance are declared to be severable and if any sectiou,
sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or
unconstitutional, such decision shall not affect the validity ofthe remaining sections, sentences,
clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
SECTION S. Effective Date.
This Ordinance shall be effective immediately upon ,,,C0,ld .Gad;hg and final adoption this
au)' vf
passage.
FIRST READING THIS
DAY OF
,2000.
SECOND READING AND FINAL PASSAGE THIS
DAY OF
,2000.
C:\225\2000\A venlura\ Telecom\REDLINE060S .WPD
June 5. 2000 (3:19pm)
44
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ARC HIT E C T S
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December 1, 1999
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 NE 191s1 Street
Suite 500
Aventura, FL 33180
RE: CITY OF A VENTURA FLORIDA
CULTURAL CENTER FEASIBILITY STUDY
CONSULTING AGREEMENT - REVISED
Dear Mr. Soroka:
R. 1. Heisenbottle Architects, PA is pleased to submit the following revised
proposal on the feasibility of creating a cultural arts complex for A ventura,
Florida. The City of Aventura is interested to learn the feasibility of
developing a cultural center for the community. As part of the discovery, the
City will retain experts in the fields of architecture, theatre consulting and arts
management to explore the viability of such a project for the community.
The following document is an agreement to conduct the study on behalf of
the City of Aventura.
We are pleased to submit this agreement in conjunction with our consultants,
Theater Projects Consultants, Inc. and Webb Management Services, a
performing arts management consulting practice, for the needs assessment
and feasibility study for new cultural facilities. Material describing the skill,
capabilities and relevant experience of R. 1. Heisenbottle Architects, Theatre
Projects Consultants and Webb Management Services has previously been
given to the City of Aventura in response to their Invitation to Submit
Qualifications #99-9-24-10.
Very truly yours,
I) J. HEISENBOTTLE ARCHITECTS, P A
. f /"
(y~hard 1. Heisenbottle, AlA
~~:ldent
Enclosure
CITY OF A VENTURA CULTURAL
ARTS CENTER FEASIBILITY STUDY
A Proposal to:
THE CITY OF A VENTURA, FLORIDA
Submitted by:
R. J. Heisenbottle Architects, P .A.
340 Minorca Avenue, Suite 10
Coral Gables, FL 33134
December 1, 1999
1. PROJECT MANAGEMENT AND ORGANIZATION
Personnel assigned to the A ventura Study are specialists in the planning and design of arts and
entertainment spaces as well as the needs assessment and market analysis. Each of these individuals
has skills and credentials most relevant to this project. Complete biographies of all assigned personnel
were included with our earlier proposal. Highlights are as follows:
Richard J. Heisenbottle, President of R. J. Heisenbottle Architects, PA, will be Principal-in-Charge
of the Project. Mr. Heisenbottle has more than 26 years of experience in all aspects of the profession
of architecture and interior design as well as theater design and consulting. Most recently, Mr.
Heisenbottle's firm has been responsible for such projects as the Overtown Lyric Theater Ancillary
Building, the Kings Point Theater for the Cultural Arts in Tamarac, Florida, Gusman Center for the
Cultural Arts, Athens Theater in Deland, Florida and the Wynmoor Community Theater in Coconut
Creek, FL. In addition he assisted the City of Homestead, Florida with a Feasibility Study for the
renovation and reuse of the historic Seminole Theater, and helped them develop a master plan to make
the best use of the structure and the adjacent site. R. J. Heisenbottle Architects, P A was established in
1987 and has been a leader in its field since its inception.
Victor Gotesman, President of Theatre Projects Consultants, Inc. will be Director - in - Charge and
Project Manager for the Study. Mr. Gotesman joined TPC following a 25-year career managing and
directing the activities of various cultural arts centers. Most recently, Mr. Gotesman opened and ran
the Cerritos Center for the Cultural Arts in Los Angeles County, the nation's most innovative and
flexible cultural arts center. Continually ranked in the top 5 theatres under 3,000 seats, Cerritos is a
multi-form theatre with varying seating capacities of 900-1,820. He has also directed the Fine Arts
Center Series at the University of Massachusetts/Amherst as well as programs at the University of
Montana, and the University of Nebraska/Lincoln. Mr. Gotesman is past President of New England
Presentors Consortium and has served on the Boards of the National Association of Cultural Arts
Managers and Agents, Association of Cultural Arts Presenters and the Western Alliance of Arts
Administrators.
Padraic Fisher, Consultant with Theatre Projects Consultants comes to TPC after two years as the
Managing Director of Michael Mao Dance, NYC, NY. For the past 12 years Padraic has worked
extensively in production and administration with a number of cultural arts and cultural organizations
executing a wide range of programs both international and domestic. Managing or developing
programs in performance, special events, fund raising, outreach and arts-in-education. Some of the
organizations Padraic has worked with include: Youth Build USA, New York Renaissance Festival,
First Night New Hampshire, Statue of Liberty Festival and Harlem School for the Arts. Padraic is also
the President and a member of the Board of Directors of the NYC based Indonesian Cultural
Foundation. He is a member of the International Society of Cultural Arts Presenters, the New York
State Alliance of Arts Organizations, the National Society of Fund Raising Executives, the Indonesian
American Chamber of Commerce and the Circle Club of the Asia Society.
Duncan M. Webb, principal of Webb Management Services, Inc., is a management consultant for the
development and operation of cultural arts facilities, and the advancement of cultural arts
organizations. Webb has completed more than 65 consulting assignments over the last ten years,
including terms with Theatre Projects Consultants and AMS Planning ar.:: Research. Mr. Webb has a
degree in Economics from the University of Western Ontario and an MBA from the University of
Toronto. He is currently on the faculty of New York University's Graduate Program in Arts
Administration and has earned the Certified Management Consultant designation of the Institute of
Management Consulting.
Recent cultural arts facility feasibility studies include a Cultural Arts Center Feasibility Study for
Christopher Newport University in Newport News, V A, the Kansas City Cultural Arts Center
Feasibility Study and the Salt Lake City Cultural Arts Center Feasibility Study. For the Richmond Art
Council study, Mr. Webb would be principally focused on the market potential for new or renovated
facilities, and the financial implications of these options.
Leslie Graham, Consultant for Webb Management Services, would also work on the study. Graham
is a graduate of Boston University's Graduate School of Management (with a certificate in non-profit
management), and holds a Bachelor of Arts degree from Washington University in St. Louis. Her
extensive work experience with non-profit arts organizations ranges from theater production at the
Huntington Theatre Company and administration at the Jamaica Plain Arts Council, both in Boston, to
public programming at the National Gallery of Art in Washington, D.C. Recent and relevant projects
at Webb Management Services include a new facility feasibility study in Lowell, MA; a business plan
for new outdoor facilities on the campus of Purchase College outside New York City, and a business
plan/site selection exercise for a new cultural arts center in Piano, TX.
2
2. WORK PLAN FOR THE PROJECT
For this study, our Work Plan would be structured as follows and would consider five principal issues:
. Review Project with City Staff
. Facility Needs based on the Facility Inventory of AventuralMiami region
. Community Input
. Market Analysis
. Facility Uses and Users
. Facility Assessment and Master Plan
At the end of this analysis, we will present conclusions and recommendations.
Following is a detailed description of the services we would provide to the City of Aventura. This
program of services is developed and based upon discussions with the City of A ventura and our
experience in similar communities.
PHASE 1 - NEEDS ASSESSMENT
. Review Project with City Staff/City Commission
Review the community's vision for cultural facilities with the City Commission in a workshop setting.
Learn from the City impetus for cultural facilities and explore the political environment for any
project's development.
. Cultural Arts Program & Facility Assessment
Conduct research into cultural arts programming that currently exists in and around A ventura. Assess
the venues used for programming and determine the organizations served by existing performance
spaces in the area. Conduct an architectural, acoustical and functional assessment of any existing
spaces such as schools, churches, activity centers, ballrooms, etc. and consider their appropriateness in
supporting cultural programs for the community. This assessment will lead to preliminary conclusions
and recommendations for the potential for new cultural facilities.
. Market Analysis
Consideration of the potential market for new cultural facilities in A ventura, involving several
components:
Market Area Definition and Demographic Analysis: Define the appropriate market for the
cultural arts in A ventura and describe that population in terms of size, rate of growth and
demographic factors as age, income, education level and occupation.
3
Patron Analysis and Market Penetration: Geo-code patron lists of major cultural arts
organizations in Aventura using the PRIZM system in order to describe existing and potential
audiences in geo-demographic terms. This exercise will allow us to suggest the penetration of
cultural arts groups into key market segments and determine the potential to build additional
audiences. Hold Town meeting for community input.
Comparable Markets Analysis: Research attendance and participation rates in comparable
markets, considering market penetration and the impact of improved or additional facilities on
participation rates for each of the major disciplines.
Organizational Profiles: Review the development and activity of major cultural arts groups in
A ventura to assess their current position and potential to develop additional audiences.
. Facility Uses and Users
Arrange to meet with local arts groups, regional presenters, entertainment providers, educators, and
community leaders to assess the demand for new or improved facilities and the likely level of activity
if new/additional facilities are developed. This will include the need for new performance spaces, as
well as the need for rehearsal, support, educational and other complimentary facilities.
. Regional Facility Assessment and Master Plan
Consider the use and evaluate the condition of other cultural arts facilities in the region. Suggest the
optimal role for each within the regional inventory of facilities, and what types of improvements or
changes might be appropriate to optimize their contribution to the cultural life of the region.
. Phase 1 Conclusions
Based on the above, suggest whether new facilities would be appropriate in Aventura, describing these
facilities in terms of their physical components, capacities and relationship to other facilities. Present
these findings and preliminary recommendations in A ventura. If no new facilities were appropriate in
terms of market support and potential need, the study would end at this point. Further, even if a new
facility were appropriate, study would not proceed to Phase 2 unless agreed by the City, at the City's
sole descression. PHASE 2 - CULTURAL ARTS FACILITY - CONCEPT DEVELOPMENT
. Based upon Phase I conclusions, make recommendation on:
.Construction of a new cultural arts center to serve as a primary facility for all major cultural arts
organizations and presenters.
. Review various site options and make recommendations on options and implications.
. Prepare cost estimates for the development of new cultural facilities.
. Prepare a preliminary pro forma of programs and events for a new cultural arts facility.
. Prepare a preliminary space program for the cultural arts facility based on the needs of potential
users, audiences and owners.
. Develop a Pro-forma operating model that includes governance and operations.
4
. Generate proposals and a budget for specialist performance equipment, including where appropriate, stage
rigging and machinery, stage lighting, sound, film and video, audio-visual, performance communications,
seating and stage furnishings.
. Develop an order-of-magnitude construction budget for the facility, based on the program outlined above.
This estimate would address the following areas:
o site preparation and development
o infrastructure
o new construction
o performance-related equipment
o furnishings, fittings and equipment
o landscaping
o roads and parking
o design and post -construction contingencies
o design team fees
. Recommend a management structure and staffing requirements for the cultural arts facility. Suggest
models for governance between the community and the facility users. Include salaries and wages for full-
time and part-time personnel. Recommend joint-use policies, maintenance agreements and direct rental
arrangements consistent with the recommended operating model and staff resources.
. Prepare an operating pro forma for the first three years of operation of the new theatre. Estimate
anticipated revenues and expenses from all sources, including:
o ticket sales and rentals
o box office charges
o food and beverages and other concessions
o salaries and benefits
o utilities, maintenance and capital replacement
o presentation costs
o insurances and administration
o advertising
. Provide guidance on the implementation of the project, including a specific work plan and a cash 110
forecast for the disbursement of the capital funds through the development.
. Investigate the potential sources of funding available to support the construction and operation of ne
cultural arts facilities. This will include a review of all public funding sources at local, State and Feder
levels and private funding from corporations, foundations and individuals.
. Deliver a Final Report at the end of this phase outlining all of the analysis, conclusions and
recommendations. Present these findings to the Client.
5
3. COST OF PROJECT
Fees for Consulting Services: We would propose lump sum fees for eBch of the study components
outlined above. These fees are subject to negotiation based on any changes to the scope of services
required by the City of Aventura, the schedule and fees for the study components including the number
oftrips to A ventura are:
Phase
Phase I-Needs Assessment
Phase 2-Concept Development
Total Fee -
Fee
$27,380
$49,620
$77,000
Length
6-8 weeks
12-14 weeks
Expenses of ground and air transportation, accommodations, communications including FedEx,
postage, and phone calls for the team are included above. Also included are 6 copies of the final
report. Additional copies will be made available to the City at cost.
Fees for Additional Services: Charges for additional services would be based on prevailing hourly
rates. Rates would be increased each year based on Consumer Price Index inflation in the prior year.
1999 rates are as follows:
Architectural Project Manager
President
Principal Consultants
Senior Consultants
Consultants
$90.00
$175.00
$158.00
$137.00
$116.00
4. ADDITIONAL TERMS
R. J. Heisenbottle Architects, PA reserves the right to re-negotiate fees if there are meaningful
increases to the scope of work as requested by the City of A ventura. Such alterations would be made
at the time that an additional scope of work is requested. In phas.:s where De-Scoping exercises are
undertaken, reductions in scope will not reduce the contracted fee, unless agreed.
5. SCHEDULE
If the project extends more than three months beyond the established schedule in any phase, through
no fault of RJHA, RJHA will have the right to request additional service fees for that phase. If the
project is put on hold by the CITY through no fault of RJHA for more than three months during any
phase, RJHA will have the right to request additional service fees for an agreed upon re-start period.
6
6. BILLING
RJHA will issue monthly invoices at the end of each month for each phase of the project, such
amounts to be based on the percent complete the work for that phase.
7. PAYMENT
The Client shall approve these invoices or advise in writing within fifteen days of receipt of invoice as
to reason for non-approval. The Client shall pay the invoices in full within a period of thirty days by
check sent by mail to R. J. Heisenbottle Architects, PA, 340 Minorca Avenue, Suite 10, Coral Gables,
FL 33134, or any other address as may be advised in writing from time to time. Invoices are fully due
and payable when received. Interest shall be charged at a rate of I y,% per month on amount
outstanding for more than 30 days. In the event that full payment of invoices is not received within 60
days, RJHA reserves the right to cease providing services.
8. COPYRIGHT AND CREDIT
RJHA and its consultants shall retain copyright on theatre designs that we create. RJHA and its
consultants shall also be credited as theatre design consultant on any promotional material associated
with the Project and on any signage at the construction site, should the project go forward beyond
Phase 2, in accordance with the Phase 2 design.
9. PERIOD OF VALIDITY
The terms described in this proposal must be accepted within 90 days from the date of issue.
If this agreement is acceptable, please acknowledge your acceptance of the terms and conditions by
signing below. Please return a signed copy to R. J. Heisenbottle Architects, PA.
10. WORK PRODUCT
All original sketches, tracings, drawings, computations, details, design calculations, work papers and
other documents and plans that result from RJHA providing services hereunder shall be the property of
RJHA, subject to CITY's right of use under the Agreement. Upon request, CITY shall receive a copy
of said documents. Upon termination of this Agreement, or upon request of the CITY during the term
of this Agreement, the originals of any and all such documents shall be delivered to the CITY by
RJHA upon payment for the pertinent portion of services under this Agreement. RJHA shall have no
liability for any use by the CITY of said documents, without the continued involvement of RJHA.
11. INSURANCE
a. RJHA shall indemnity, defend and save harmless CITY from any claim, demand or
damage arising out of RJHA's performance or out of RJHA's activities under this
Agreement.
7
b. RJHA shall at all times carry professional liability insurance, workers' compensation
insurance, comprehensive general liability insurance and automotive liability insurance
with minimum policy limits for each coverage in the amount of Three Hundred
Thousand Dollars ($300,000.00) per occurrence, single limit, for property damage and
bodily injury, including death, except that the dollar amount of workers compensation
coverage shall be as provided by chapter 440, Fla. Stat. The CITY shall be named as an
additional insured on all of the above insurance policies, to the extent permitted by law.
Each insurance policy shall state that it is not subject to cancellation or reduction in
coverage without written notice to the CITY 30 days prior to the effective date of
cancellation or reduction of coverage.
12. ASSIGNMENT
This Agreement shall not be assignable by either party.
13. PROHIBITION AGAINST CONTINGENT FEES
RJHA warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for RJHA, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any persons(s), company, corporation, individual or firm, other than a bona fide
employee working solely for RJHA, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
8
PREPARED AND OFFERED BY:
R. J. HEISENBOTTLE ARCHITECTS, P A
/2~_,~_~~-<-
\RICHARD J. HEISENBOTTL , AlA
President
1"Z.'Z.11
Date
AGREED AND ACCEPTED BY:
Signature
Eric M. Soroka
City Manager
City of Aventura, Florida
Date /0/7("
9
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CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
DATE: June 1, 2000
TO: Eric M. Soroka,
FROM: Robert M. Sher
SUBJECT: July 4, 2000 Special Events
The following events have been planned for this year's July 4th celebration.
1. Julv 4th Water Blastoff Splash Bash 10 AM - 2 PM at Founders Park. Event
is free to residents and normal non-resident charges apply.
a. Arts and crafts
b. Slip 'n slide with Miami-Dade Fire Rescue snorkel truck
c. Balloon toss, water sports relays
d. Trackless train
e. Water games and family activities
2. Julv 4th Fireworks Spectacular 9 PM
a. Complimentary 3-D viewing glasses to the first 2,500 people.
The July 4th daytime splash bash has been scheduled so as not to conflict with the
indoor activities hosted by the Marketing Council and Aventura Mall. A late
morning/early afternoon outdoor event is desirable due to the threat of afternoon
rainstorms and/or extreme heat during the afternoon hours. We have received cross
advertising at no charge in the Aventura News detailing our events for the past two
weeks and advertising will continue until July 4th.
The fireworks display is a joint venture between the City and the Turnberry Isle Resort
and Club. Fireworks will be shot from the center of the golf course.
RMS/gf
Attachments
RMS00041
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Aventura Founders Park
lIOSMEI90Strftl
FrH ihutdl! from lothmann's & GoY't Cenkr
Wear .JOUrtavmte swimsuit, bring towels, sunscreen,
hat. bar.Iundi"~clrinks to beat the heat on Inde~
p8ndence Day!
. WQlI.resdmD.lIplCtMilillll_.widlpaNlparlladmi>>ioIl
for,...,....4L_ ~,uII(105-) 466-19]0
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"VENTURA
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City of Aventura
Presents
July 4th Water
Blastoff Splash
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Date: Tuesday, July 4, 2000 . :2{
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Location: Founders Park -C~~----'
3105 NE 190th Street
Time: 10:00 am - 2:00 pm
A fun-filled four hours of water play zones and games to beat the heat on
Independence Day
-Slip 'n' slide
. Wacky water sports
relays
- Balloon toss
-Sprinkler stuff
- Arts & crafts
-Musical water games
- Bubble bay
- Spray play
-Train ride
Refreshments AlIQilable
City of A ventura Splash Bash Registration Form
Name:
Age:
Wear your favorite swimsuit and
bring towels, sunscreen, hat,
bag lunch and drinks.
Register before Friday,
June 30th. Return to:
Founders Park
3105 NE 190th Street
Aventura, FL 33180
305-466-8556
Address:
Phone Number:
Persons with disabilities requiring accommodations in
order to participate must contact the Community Services
Department at least 48 hours in advance.
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TurnberJy Isle ~
Resort&Club V
A RAFAEL Hffi'EL
The City of Aventura
Tumberry Isle Resort & Club
Present
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"July 4th Fireworks
2000 Spectacular"
9:00 p.m.
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. Wear
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clothes
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. For best
viewing areas,
please refer to
map (no golf
course acce,~s,
please)
.For more
information,
call the
Community
Services
Department at
(305) 466-8930
Complimentary 3-D fireworks viewing glasses are available on July 4th at Aventura
Founders Park from 8:30 a.m. - 7:00 p.m. and * marked locations on area map
beginning at 7:00 p.m. Quantities are limited per person while supplies last.
Persons with disabilities requiring accommodations in
order to participate must contact the Community Services
Department at least 48 hours in advance.
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191sT STREET
SUITE 500
AVENTURA, FLORIDA 33180
OFFICE OF THE CITY MANAGER
June 27, 2000
Ms. Kathy Wilbur
Executive Director
Dade County School Board
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33131
Re: Elementary School Site
Dear Ms. Wilbur:
This letter shall serve to confirm the various conversations held over the last week
regarding locating an elementary school in the City of Aventura.
The City Commission, of the City of Aventura, has requested that I outline the following
issues for the Board's attention:
1. The City Commission is strongly committed to working with the School Board
to locate an elementary school within the boundaries of the City to serve our
growing school age population.
2. The 17 -acre mobile home site is not a desirous location due to the land not
being within the City, traffic access problems, and the fact that the location
would require most children to be bused to the school.
3. The City would like the Board to pursue the following locations:
a. Binnings Glass Warehouse Property (Location A). The Commission
would consider assisting with addressing the environmental
remediation.
b. Gulfstream Property (Location B). Five-acre parcel west of proposed
park site.
PHONE: 305-466-8910. FAX: 305-466-8919
June 27, 2000
Ms. Kathy Wilbur
Page Two
c. Hospital District (Location C). This would require the assembling of
various lots individually owned to create a school site. This is the least
expensive site regarding land costs. The City would be willing to do the
groundwork to produce a package that would assemble the necessary
land required by the Board.
As I indicated to you, the City Commission feels very strong about locating an elementary
school within the City. As indicated above, they are willing to assist the Board in making
this happen.
Dr. Michael Krop has also been extremely supportive in our efforts. However, as more and
more school age children move to the City, the time has come to finalize a site and move
forward on this project.
As always, your cooperation and assistance in this matter is most appreciated.
Sincerely,
Eric M. Soroka
City Manager
EMS/aca
cc: City Commission
Roger Cuevas, Superintendent of Schools
Dr. Michael Krop, School Board Member
CM01197-00
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