HomeMy WebLinkAboutO-10943J-92-53
1/9/92
ORDINANCE NO. 10943
AN EMERGENCY ORDINANCE AMENDING ARTICLE VIII
OF CHAPTER 54 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "USE OF
THE PUBLIC RIGHTS -OF -WAY BY PRIVATE
COMMUNICATIONS SYSTEMS"; ESTABLISHING A
NOTICE REQUIREMENT TO PERMITTEES; PROVIDING
THAT TELECOMMUNICATION PERMITS SHALL BE
ISSUED FOR A PERIOD OF ONE YEAR AND RENEWED
ANNUALLY; PROVIDING THAT COMPENSATION AND
LICENSE FEES FOR SAID PERMITS (a) SHALL BE IN
ACCORDANCE WITH THE STANDARDS SET FORTH IN
SECTION 334.401(4), FLORIDA STATUTES (1989),
AND (b) SHALL BE ESTABLISHED AFTER PUBLIC
HEARING BEFORE THE CITY COMMISSION AND AFTER
PUBLIC NOTICE, BY THE DIRECTOR OF PUBLIC
WORKS; FURTHER, PROVIDING THAT THE AMOUNT OF
SAID COMPENSATION AND LICENSE FEES SHALL BE
PUBLISHED AS A FEE SCHEDULE AVAILABLE FOR
INSPECTION AT THE DEPARTMENT OF PUBLIC WORKS;
PROVIDING FOR AN EFFECTIVE DATE; AND
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, pursuant to Resolution No. 84-538, adopted May 10,
1984, the City of Miami approved an Interim Agreement for persons
who own, operate or lease telecommunications lines and were
desirous of using the public right-of-way to install such lines;
and
WHEREAS, the rights -of -way within the corporate limits of
the City of Miami are held by the City of Miami in trust for the
public and are maintained by the City of Miami at great public
expense; and
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WHEREAS, the use of said public rights -of -way is a valuable
property right for telecommunication companies from which the
user derives income and profits; and
WHEREAS, without the use of the rights -of -way for utilities
being subject to municipal regulation and permitting, the use of
the public rights -of -way would be wholly unregulated and there
would be no mechanism for repair to damaged public property, no
plans and permits on file with the City regarding the locations
of lines, such as cable, fiber optics, or other pathway, among
other matters of great public interest which are served by
municipal regulation in this area; and
WHEREAS, the City in implementing its interim agreement for
use of rights -of -way always stated that it would develop a
comprehensive City Administrative Policy which would include
compensation for the use of City streets for private businesses;
and
WHEREAS, the City has developed such a Policy as is provided
for by Ordinance No. 10438, adopted May 19, 1988; and
WHEREAS, the City of Miami is authorized and obligated to
exercise its municipal powers to license and control the use of
public rights -of -way within the City; and
WHEREAS, the right to use the streets and highways of a
Florida municipality for the conduct of business can be acquired
by permission of the municipality and the form of such
acquisition can be a permit issued to the commercial enterprise;
and
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10943
WHEREAS, all other enterprises which have lines within the
City's rights -of -way have agreements and/or pay the City some
form of annual compensation for the privilege of having their
lines within the City's rights -of -way; and
WHEREAS, fees collected from rights -of -way permittees will
assist the City to defray the following costs:
(a) costs directly related to the inconvenience or
impairment solely caused by the disturbance of the
municipal right-of-way; and
(b) the reasonable cost of the regulatory activity of
the municipality; and
(c) the proportionate share of cost of land for such
street, alley, or other public way attributable to
utilization of the right-of-way by a
telecommunication service provider;
and
WHEREAS, the fairness of this policy of compensation for
private use of the public rights -of -way will serve the public
interest and also permit the private sector to earn a fair profit
while providing a minimally satisfactory telecommunication system
in the City; and
WHEREAS, it is fair and reasonable that the firms utilizing
the rights -of -way pay for access to a limited resource which
ought to be considered as a fixed cost of doing business; and
WHEREAS, only by controlling the corridor through which
these new communication services must flow can the City's future
administrative mechanism for regulating these public facilities
be made efficient or operable; and
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WHEREAS, Ordinance No. 10438 was adopted May 19, 1988 to
accomplish the aforesaid purposes and imposed an annual fee for
the commercial utilization of the City's rights -of -way by the
placement of private telecommunications lines within the said
rights -of -way; and
WHEREAS, under the City's home rule powers as granted by
Sec. 2(b), Article VIII of the Constitution of the State of
Florida, and Section 166.021, Florida Statutes, and as the owner
in fee simple of the City's rights -of -way, the City Commission
hereby determines to amend its annual fee for the commercial
utilization of the City's rights -of -way by the placement of
private telecommunications lines, such as cable, fiber optics, or
other pathway, within the rights -of -way in accordance with the
terms and conditions as set forth herein which replaces the
City's existing rights -of -way fee as provided in Ordinance
No. 10438;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Article VIII of Chapter 54 of the Code of the
City of Miami, Florida, as amended, entitled "Use of the Public
Rights -of -Way by Private Communication Systems", is hereby
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amended in the following particulars`/:
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE VIII. USE OF THE PUBLIC RIGHTS -OF -WAY BY
PRIVATE COMMUNICATION SYSTEMS.
Sec. 54-142. Service of Notice.
All notices required to be given to the City under
any provision of this Article shall be deemed served
when received through the U.S. mail or delivered by
hand in writing to the City Public Works Director or to
any person in charge of the division during normal
business hours. Any notice required to be given to a
Permittee under any provision of this Article shall be
deemed given. whether actually received or not if sent
by United States registered or certified mail return
receipt requester= postage prepaid and addressed to
the Permittee at theaddress s given in its most recently
issued permit.
Sec. 54-143. No Liability or Warranty.
Sec. 54-144. Length of Permit Agreement.
(b) Any Telecommunication Permit issued by the City
shall continue in full force and effect for a period of
one year and may be renewed annually no later than July
2,cft so long as the Permittee is in LuU 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 Private
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.
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Communications System shall be removed from the
streets, public ways and public places in accordance
with the provisions of Section 54-143.
Sec. 54-149. Compensation for Permit.
(a) 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 Permittee shall
pay each year to the City compensation and license fees
(b) For the purposes of this Section, two (2) or more
lines, cables, fiber optics conduits, duct -banks or
other pathways parallel to each other which are:
(1) underground and within a sixteen -inch -wide strip
of right-of-way, except as hereinafter provided,
ray MR} - - } S - - - • M
(2) aboveground and attached to the same poles, and
owned by the same or an affiliated company shall
be considered as one (1) pathway for the purpose
of the per ttnear footlicense fee.
LQ1 In the event a Permittee cannot construct or lay
its underground lines, cables, fiber optics conduits,
duct -banks or other pathways within a single sixteen -
inch wide strip of right-of-way because a sixteen -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
affiliated company that are parallel to each other
within the same right-of-way regardless of distance
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10943
apart shall be considered as one (1) pathway for the
purpose of the per ttnear f oo b charge license fees,
provided that such lines and pathways could have been
constructed within a single sixteen -inch -wide strip of
right-of-way, if it had been available.
I&U Lines, cables or fiber optics of a private
communications system 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 the fee for
the additional Telecommunications Permit shall be one-
half of the otherwise applicable per itnear foot
license fee for one portion of the pathway so utilized.
Lines, cables or fiber optics of a private
communications system placed aboveground on existing
poles shall require a Telecommunications Permit,
subject to the same requirements as other
installations. Lines, cables or fiber optics of a
Private Communioationa 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.
ta-� he City throui2h
its Director of Public Works. may raatse adjust this
license fee annually no more frequently than e7ery
three (33 years, by an amount not in violation of
Section 337.401(4). Florida Statute
Or successor tndex subsequent to stncs the iutttat
establishment of this permit license fee, or subsequent
#_4 the most recent f adjustment
in the permt-t license fee for any and all subsequent
tilareasus adjustments after the first tnarease
adjustment, and only after a public hearing and at
least sixty (60) days' prior written notice
to all current Permittees,
pro vtded
the Ctty ts betow the average of fees tinposed by other
Except for lines,
cables or fiber optics within a conduit or duct -bank
owned by another Permittee, the license fee shall be
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110943
based on the same amount for all
nongovernmental entities subject to the requirements of
this Article af ter bhe branst bton pertod, except in no
event, however, shall the fee be less than five hundred
dollars ($500.00) per linear mile per annum.
Sec. 54-150. Payment and audit of compensation and
license fees.
(a) The annual compensation and license fee provided
for in Section 54-149 shall be payable annually In
advance on July first of each year.
(e) In the event any fees due in accordance with
the terms of this Article are not paid within ninety
(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.
Sec. 54-153. Use of streets and pole attachments.
(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 and shall
furnish, as soon as they are available, two (2)
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 c±a.ti on Permit.
* 11
Section 3. This Ordinance shall become effective upon
adoption and shall have no effect on those fees accrued under
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Ordinance No. 10438, adopted May 19, 1988, prior to the effective
date of this Ordinance.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. 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 6. 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 and upon the further grounds of the necessity to make
required and necessary purchases and payments, and to generally
carry out the functions and duties of municipal affairs.
Section 7. The requirements of reading this Ordinance on
two separate days is hereby dispensed with by a vote of not less
than four -fifths of the members of the Commission.
PASSED AND ADOPTED this 9th day Of 1992.
ATTEST:
MATTY SIRAI, CITY CLERK
PREPARED AND APPROVED BY:
WAR N BITTNER
ANXSTANT CITY ATTORNEY
/sls/esk/bss/M872
XAVIER (L . tUARE' , MAYOR
APPROVED AS TO FORM AND]
CORRECTNESS:
10943
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`,A\ 07 ?�
MATTY HIRAI
City Clerk "
Gf OQ�
February 13, 1992
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amends the Code of the City of Miami, Florida:
10943
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
A
•DEPUTY CITY CL RK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0705/(305) 250-5360
. 0, r
MATTY HIRAI 9i
City Clerk
February 13, 1992
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amends the Code of the City of Miami, Florida:
10943
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
Valerie Gree ood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0705/(305) 250-5360
of t�xxrtt
MATTY HIRAI
City Clerk
February 13, 1992
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinance
which amends the Code of the City of Miami, Florida:
10943
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY CLERK
RECEIVED BY:
------------------------
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360