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HomeMy WebLinkAboutO-11690J-98-799 7/20/98 11690 ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING CHAPTER 54, ARTICLE VIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "USE OF PUBLIC RIGHTS - OF -WAY BY COMMUNICATION SYSTEMS", BY AMENDING THE EXISTING PROVISIONS CONCERNING TOLL TELEPHONE SERVICE PROVIDERS AND ADDING NEW SECTIONS CONCERNING LOCAL EXCHANGE TELEPHONE SERVICE PROVIDERS ALL IN ACCORDANCE WITH SECTION 337.401 FLORIDA STATUTES AS AMENDED DURING THE 1998 STATE LEGISLATIVE SESSION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1 . Chapter 54, Article VIII of the Code of the City of Miami, Florida, as amended, is hereby amended as follows:!/ " CHAPTER 54 ARTICLE VIII. USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. the remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11690 Sec. 54-297. Definitions. For the purposes of this article and any agreement or permits issued in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission and/or with F.S. s# §337.401, as amended: Gross recei is means all revenue received by the permittee on recurring local services within the incorporated limits of the cif r - - r - - - - - - - - -O - - - - - •� • -r - - - • - - - - Hit Permittee means the person or his legal successor in interest who is issued a telecommunication permit agreement or permits in accordance with the provisions of 2 11690 this article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private GOrnmuniGations telecommunication system in the city. IffrOwl Telecommunication Company providing Toll Telephone service means any telecommunication company providing toll telephone services as defined in F.S. j203.012(7). Telecommunication Company providing Local Exchange service means any Alternative Local Exchange Telecommunications Company as defined in F.S. 36� 4.02. Telecommunications permit agreement or ep rmit issued means the document by which a privilege granted by the city by which the city authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain, repair, rebuild and replace a private GGMrnuniGPtiG telecommunication system that occupies the streets, public ways or public places within the city. Any telecommunication agreement or ep rmit issued in accordance herewith shall be a nonexclusive_ permit a�'a shall be- standard f lent-. 11690 0 • Sec. 54-300. Length.of permit agreement. (a) Any telecommunication permit agreement or permit issued by the city in accordance herewith shall be a nonexclusive permit for the use of the streets, public ways or public places within the city as specified in the telecommunication permit for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a communications system. (b) Any telecommunication permit issued by the city shall commence immediately upon approval of the application for the initial term and shall commence thereafter on October 1 and may GOntin„e ;n f„l' fnrno and offer+ „ntil its , , 199, teleGOMMURiGatiOR permit then iR be renewed annually to expire the following September 30, so long as the permittee is in full compliance with this article and all applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose. (c) In the event any telecommunication permit shall be revoked or not renewed, the applicable communications system shall be removed from the streets, public ways and public places in accordance with the provisions of section 54-304. Sec. 54-301. Permit locations. (a) Any telecommunication permit agreement or permit issued for a communications system in accordance herewith shall apply only to the location or locations stated on the telecommunication permit or permits. (b) Nothing in this article shall be construed as a representation, promise or guarantee by the city that any other permit or other authorization required under any city ordinance for the construction or installation of a communications system shall be issued. The requirements for any and all other permits as may be required by any city ordinance, including the right-of-way utilization permit, shall still apply and all other applicable permit fees,_ if any, shall still be due. 4 1 1-0 9 0 Sec. 54-303. Powers and duties of city public works director. The city public works director and his authorized designee shall have the following powers and duties: (1) Receive and review applications for telecommunication permits for any telecommunications system. (2) Review and cause to be audited all reports and filings submitted by the permittee to the city pursuant to this article. (3) Submit regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing, use, repairing, rebuilding or replacing of any telecommunications system established by telecommunication permit in accordance herewith to the director of the department of public works for promulgation. Sec. 54-304. Bonds. (a) Unless the applicant supplies other acceptable financial guarantees or demonstrates financial responsibility satisfactory to the director of finance and the city attorney, all persons submitting a. request for a telecommunication permit to construct a private telecommunications system in accordance herewith shall file with their request bonds solely for the protection of the city with a surety company or trust company or companies as surety or sureties in the amount sufficient to protect the city from any and all damages or costs suffered or incurred by the city as a result thereof, including but not limited to attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond which shall not exceed the amount of $50,000.00; and the condition shall be a continuing obligation during the entire term of any telecommunication permit issued in accordance herewith and thereafter until the permittee shall have satisfied in full any and all obligations to the city which arise out of or pertain to the telecommunication permit for a private telecommunications system. (b) None of the provisions of this section nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city hereunder, shall be construed to excuse the faithful performance by or limit the liability of the permittee under this article or any telecommunication permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. 5 11690 Sec. 54-305. Compensation for permit. Telecommunication Company providin_g Local Exchange service It shall be a term and condition of any telecommunication permit issued in accordance herewith that as part of the consideration supporting the issuance of such telecommunication permit and the city's permission thereby to occupy and use the streets of the city, that each permittee which is an Alternative Local Exchange Telecommunication Company shall pay on a quarterly basis to the c one ep rcent jl!J of the rg oss receipts on recurring local service revenues for services provided within the corporate limits of the city by such permittee. The foregoing compensation and fees shall be in accordance with the standards set forth in F.S. §337.401(31 as amended. LbJ Telecommunication Company solely providin_g Toll Telephone service (a) (1) Except as hereinafter provided, it shall be a term and condition of any telecommunication permit issued in accordance herewith that as a part of the consideration supporting the issuance of such telecommunication permit and the city's permission thereby to occupy and use the streets of the city, that the each permittee which provides Toll Telephone Service shall pay each year to the city compensation and license fees. The compensation and license fees for private telecommunication systems shall be in accordance with the standards set forth in F.S. § 337.401(4), 1989 as amended. The amount of said compensation and fee shall be established and adjusted, from time to time, after public hearing before the city commission and after public notice as required hereinbelow in subseGtion (e), by the director of the department of public works, and shall be published as a fee schedule which shall be available for inspection during regular business hours at the department of public works. E#} ) For the purposes of this section, two or more lines, cables, fiber optic conduits, duct banks or other pathways parallel to each other which are: (4- i) Underground and within a 16-inch wide strip of right-of-way, except as hereinafter provided, shall be considered as one pathway for the purpose of the license fee; or (2 ii) Aboveground and attached to the same poles, and owned by the same or an affiliated company, shall be considered as one pathway for the purpose of the license fee. (0 3) In the event a permittee cannot construct or lay its underground lines, cables, fiber optics conduits, duct -banks or other pathways within a single 16-inch-wide strip of right-of-way because a 16-inch-wide strip of right-of-way is not available due to the closeness of other lines owned by other entities, then all lines, cables, fiber optics conduits, duct -banks or other pathways which are owned by that permittee or an 6 11690 affiliated company that are parallel to each other within the same right-of-way regardless of distance apart shall be considered as one pathway for the purpose of license fees, provided that such lines and pathways could have been constructed within a single 16-inch-wide strip of right-of-way, if it had been available. 0) (4) New lines, cables or fiber optic cables of one or more communications systems placed in an underground conduit or duct -bank owned by another permittee shall require a separate telecommunication permit, subject to the same requirements as other installations, except no additional annual fee shall be paid to the city. New lines, cables or fiber optic cables of a communications system placed aboveground on existing poles shall require a telecommunication permit, subject to the same requirements as other installations. New lines, cables or fiber optic cables of a communication system which are placed in an underground conduit or duct -bank, or on aboveground poles owned by an entity exempt from the provisions of this article shall require a telecommunication permit, unless the franchise, or other authorization by which the exempt entity has the right to place the conduit, duct -bank or poles within the city property prohibits the application of the permit and fee requirements contained in this article to the lessee of space within the conduit or duct -bank or on the poles. W (5) The city, through its director of public works, may adjust the license fee for private communication systems annually by an amount not in violation of F.S. § 337.401(4), subsequent to the establishment of this license fee, or subsequent to the most recent adjustment in the license fee for any and all subsequent adjustments after the first adjustment, and only after a public hearing and at least 60 days' prior written notice to all current permittees. Except for new lines, cables or fiber optic cables within a conduit or duct -bank owned by another permittee, the license fee shall be based on the same amount for all nongovernmental entities subject to the requirements of this article, except in no event, however, shall the fee be less than $500.00 per linear mile per annum. (f) Upon the effective date of the adoption of this article in accordance with provisions of subsection (b) hereinabove, the following fee schedule is hereby fixed as follows: (4- i) Annual fee. a. For the first 50 lineal feet of pathway or less ... $ 250.00 b. For each additional lineal foot of pathway over 50 feet: 1. Pathway(s) in existence as of the date of this ordinance: i. As of October 1, 1993 ... 0.15 ii. As of October 1, 1994 ... 0.25 iii. As of October 1, 1995 ... 0.35 iv. As of October 1, 1996 ... 0.45 V. As of October 1, 1997 :.. 0.55 11690 r� 2. Pathway(s) added subsequent to the date of this ordinance . ..0.75 (2 ii) Initial fee for preparation review and approval of telecommunication agreement (does not include recording fee) .................11,330.00 (S iii) Review of plans, issuance of installation permit and inspection of installation of new facilities a. For first 50 lineal feet or less of pathway ..............$ 250.00 b. For each additional lineal foot of pathway over 50 feet ...... 0.30 (4 iv) Fee for government -owned communications system: a. Annual fee ........................................ 1250.00 b. Initial fee including review of plans and inspection plus recording fee........................................... 1_250.00 Sec. 54-306. Payment and audit of compensation and license fees. (a) The annual compensation and license fee provided for in section 54-305& shall be payable, in advance, annually on October 1 of each year. (1) Any new telecommunication permit obtained `prior to or after October 1 shall expire the following September 30 and the annual fee shall be prorated accordingly. (2) The fee provided for under subsection 54-305 b 6 ii `f� hereinabove is required on all new telecommunication permit applications and whenever a new telecommunication agreement may be required. (b) Fees for private telecommunications systems not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid. (c) The acceptance of any payment for a private telecommunications system required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable: (1) All fee payments shall be subject to audit by the city and assessment or refund if the payment is found to be in error. (2) In the event that such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent per month until the date payment is made. (3) Within twenty days following September 30 a permittee described in section 54-305 a hereof shall file with the Director of Finance a statement signed by 8 11690 an authorized accounting or financial representative of the permittee of the .gross receipts on recurring local service revenues derived in the preceeding year. (d) Nothing in this article shall be construed to limit the liability of the licensee for a irate telecommunications system for all applicable federal, state and local taxes. (e) In the event any fees due in accordance with the terms of this article are not paid within 90 days after the due date, the public works director may withhold the issuance or renewal of any right-of-way utilization permits or telecommunication permits to the permittee until the amount past due is paid in full. (f) In the event the maximum franchise fee authorized by the laws of the State of Florida shall be changed to an amount other than the current amount as prescribed in section 337.401 Florida Statutes, the city shall be authorized to unilaterally amend this ordinance and adjust the franchise fee provided for herein to the maximum franchise fee authorized by the laws of the State of Florida, provided further that the city adjusts the franchise fee for other utilities offering similar services by an equal amount. (g) The permittee shall make available to the city during normal business hours the books and accounts and other documentation of the permittee (hereinafter reffered to as the "Reports") that, as determined by the cif, are necessary to determine the accuracy of the revenues upon which the fee payment is based. Upon request by the city, or its designated representative, the permittee shall provide a copy of its annual report to the Florida Public Service Commission "PSC" . The ci!r or its designated representative, shall have the right during the life of this license to examine the Reports: provided, however, that the permittee shall be obligated to maintain its billing records only for the eriod of time re uired by the PSC and that any examination conducted after such period shall be confined to the billing records then available. No later than thirty (30) days the request of the city, or its representative, the permittee shall supply to the ciL a copy of the Reports. Such copy shall be in the medium requested by the city, provided that it is economical and practical for the permittee to do so. . Sec. 54-307. Indemnity and insurance. (c) Upon the granting of a permit for a private telecommunications system and at all times during the terms of the permit, including the time for removal of facilities as provided for herein, the, permittee shall obtain, pay all premiums for, and file with the city insurance manager written evidence of payment of premiums and executed duplicate copies of the following: 11690 (d) All insurance policies called for herein for private telecommunications systems shall be in a form satisfactory to the city insurance manager and. shall require 30 days' written notice of any cancellation to both the city and the permittee. The permittee shall,. in the event of any such cancellation notice, obtain, pay all premiums for, and file with the city, written evidence of the issuance of replacement policies within 30 days following receipt by the city or the permittee of any notice of cancellation. (e) In lieu of the insurance policies as required by and referenced in subparagraphs (c) and (d) above for private telecommunications systems, the permittee may submit: Sec. 54-309. Use of streets and pole attachments. (c) Any person who submits a request for a permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed private telecommunications system, which agreements shall become effective on the date of execution of the permit issued in accordance herewith in the event that such person is issued a permit. (i) The permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the city, detailed by linear foot, if applicable, and shall furnish, as soon as they are available, two complete and updated copies of such maps and records, including as -built drawings, to the department of public works on an annual basis prior to issuance or renewal of a telecommunication permit. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. to 11690 11, E Section 3. If any .section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami. Section 5. The requirements of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor2. PASSED AND ADOPTED BY TITLE ONLY this 21st day of July , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec.. 2-36, since the Mayor did not indllcate aporova,l of this legislation by signing it in the designated place provided, said legi la::o.: �i 'V becomes effective with the elapse of ten (10) days from the date of Commissicn actic — ATTEST: regarding same, without the Mayor xerci ..ng eto. c W an, City Clerk WALTER J. FOEMAN CITY CLERK 2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. 11 11690 APPROVED AS TO EQW AND CORRECTNESS: t CITYATTORNEY w543aymt 12 11690 • L� MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11690 inthe .....................XXXXX ......................................................... Court, wak..yblis1e6 1n sergrgpaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person firm or corporation any discount -.rebate, commissio refun for the purpose of securiwhis advertise f publica ion in the said .......................................... as............................ 10 Sw �ubsc a me this'., 7t5 /• ........day of....... ............................ .......... . A.D. 19...... (SEAL) p04- OFFMCIALL NOTARY 6 11i`-RY JANETT LLERENA Octelma V. Ferbeyre per {Ctme. CQ1[;Amk-0oN NUMBER C CC566004 MY COMMISSION EXPIRES O•F 9: JUNE 23,2000 CITY OF MIAMI, FLORIDA 1 LEGAL .NOTICE• " = 'All interested persons will take notice that on the 21 st ,day of July 1998 the City Commission' of Miami; Florida adopted the following titled ordinances: ORDINANCE NO. 11686 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11547, ADOPTED`SEPTEMBER.23, 1997, ENTITLED: "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM; "THEREBY PROVIDING FOR AN INCREASEINTHE TOTAL AMOUNT OF $82,755.18, REPRESENTING, INTEREST -1i EARNED 'FROM SECOND' YEAR GRANT FUNDING MONIES. WHICH TOTALED $3,615,800.00; CONTAININGGA REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 11687 i AN EMERGENCY ORDINANCE ESTABLISHING INITIAL - G; RESOURCES AND INITIAL.- APPROPRIATIONS FOR - A "SPECIAL REVENUE FUND `ENTITLED: "PROBLEM SOLVING PARTNERSHIPS' ASSESSMENT GRANT PROGRAM," .AND -APPROPRIATING FUNDS, . IN THE AMOUNT OF $49,950.00, CONSISTING OF GRANT FROM THE U.S. DEPARTMENT OF•JUSTICE; AUTHORIZING THE- i CITY MANAGER TO'ACCEPT SAID: GRANT- AND TO j. EXECUTE THE NECESSARY *DOCUMENTS FOR THIS PURPOSE; CONTAINING- A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR, AN EFFECTIVE DATE. ORDINANCE NO. 11688 i AN ORDINANCE AMENDING SECTION 18-78, OF. THE, j CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED I RELATING TO ' CONTRACTING-' METHODS . , AND 4 I•. PROCEDURES, THEREBY STIPULATING THAT ANY PURCHASE AGREEMENT ENTERED INTO IN'A MANNER ; INCONSISTENT WITH' PROCEDURES; .'AS. HEREIN 'SPECIFIED: SHALL- NOT BE BINDING -UPON THE`CITY, CONTAINING A.._ REPEALER 1--;PROVISION .;AND < A SEVERABILITY CLAUSE; PROVIDING FOR,AN EFFECTIVE '{ DATE ORDINANCE NO. 11689 ' j AN ORDINANCE AMENDING CAPITAL IMPROVEMENT 1 ORDINANCE NO. 11623, .AS AMENDED, ,ADOPTED . J. MARCH 24, 1998; CONTINUING AND :REVISING PREVIOUSLY.. APPROVED SCHEDULED CAPITAL IMPROVEMENT . PROJECTS; ESTABLISHING NEW CAPITAL, IMPROVEMENT PROJECTS TO BEGIN DURING,_ FISCAL YEAR 1997-1998, PROVIDING CONDITIONS,:, AUTHORIZATIONS --AND 'DIRECTIONS ._TO ' THE CITY -.MANAGER AND CITY -CLERK;, CONTAINING A REPEALER ! PROVISION AND SEVERABILITY CLAUSE. I I I . ORDINANCE N0.L11f0L I . ' L r ::AN -EMERGENCY. ORDINANCE AVENMNG CHAPTER 54, i ARTICLE' VIII OF. THE. CODE.. OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENTITLED: "USE OF PUBLIC 1 RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS," .BY AMENDING,THE EXISTING PROVISIONS CONCERNING TOLCTELEPHONE SERVICE PROVIDERS AND ADDING NEW SECTIONS CONCERNING. LOCAL EXCHANGE TELEPHONE SERVICE PROVIDERS ' ALL IN; ACCOR- DANCE WITH SECTION 337.401 FLORIDA-STATUTES AS . AMENDED DURING, THE 1998 STATE LEGISLATIVE i SESSION;..CONTAINING:'A REPEALER PROVISION, •A SEV,ERABILITY `CLAUSE; AND; PROVIDING FOR AN EFFECTIVE DATE. ' ORDINANCE NO. 11691 {I AW EMERGENCY ORDINANCE -.SCHEDULING AN ELECTION TO FILL, SUBJECT TO -DISPLACEMENT, THE OFFICE OF COMM(SSJONER, DISTRICT NO. 3; SETTING - NOVEMBER 3, 1698,.AS THE DATE OF SUCH ELECTION,: I. AND ESTABLISHING SEPTEMBER 19, 1998. AT 6 P.M., AS THE ' -QUALIFYING DATE THEREFOR; FURTHER, SCHEDULING A MUNICIPAL REGULAR ('RUN-OFF") ELEC- TION.TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 3, SAID -ELECTION TO BE HELD ON NOVEMBER 10, 1998, UNLESS SAID OFFICE HAS BEEN FILLED -BY THE. - ELECTION OF � A CANDIDATE AT THE REGULAR NONPARTISAN PRIMARY ELECTION TO BE HELD- ON NOVEMBER, 3,.�1998; DESCRIBING PERSONS QUALIFIED TO.,'VOTE , .IN,-, SAID, .ELECTIONS; DESCRIBING THE I REGISTRATION.,BOOKS,.AND' RECORDS. TO, B', USED : FOR,rTHE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK( AS :THE, OFFICIAL REPRESENTATIVE i .=:.•-..--,•••�•..r -;! r,,r , Ill nr 01. 1/"u CCf_ICTRATinN i