HomeMy WebLinkAboutItem #15 - First Reading Ordinance7
J-91-730
2/10/92
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
ADDING A NEW ARTICLE X, TO PROVIDE FOR THE
FEDERAL AVIATION ADMINISTRATION (FAA)
ENTERING INTO A PERMIT AGREEMENT(S) WITH THE
CITY FOR THE USE OF PUBLIC RIGHTS -OF -WAY FOR
THE PLACEMENT OF LOW LEVEL WIND SHEAR ALERT
SYSTEMS (LLWAS); FURTHEP, BY PROVIDING THAT
THE FAA SHALL BE ASSESSED A FEE TO BE PAID TO
THE CITY AS A CONDITION TO SUCH PERMIT(S), BY
PROVIDING DEFINITIONS, AND BY SETTING FORTH
TERMS AND CONDITIONS FOR A PERMITS) TO BE
ISSUED TO THE FAA; MORE PARTICULARLY BY
ADDING NEW SECTIONS 54-180 THROUGH 54-191
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the Fb4l AV' t o Administration (FAA) has
requested the ri h o insta 1 operate and maintain a Low Level
Wind Shear ert! stem( L AS) in the public rights -of -way of
• S
_ the City of ami, and
WHEREAS, the LLAS has been designed to warn airports of a
dangerous meteor 1 93-cA1 condition known as a "Wind Shear", which
condition can cr to low level vertical wind forces of such
magnitude that they can cause landing or departing aircraft to
rapidly lose flying altitude and possibly
catastrophe; and
lead to an air
il
1
WHEREAS, the FAA agrees to bind and obligate itself to erect
and maintain the LLWAS structures in such reasonably safe and
proper manner that they will not interfere or endanger property
or persons; and
WHEREAS, it is necessary to amend Chapter 54 of the Code of
the City of Miami, Florida, as amended, to provide a method for
the FAA to enter into permit agreement(s) with the City of Miami
for the use of public rights -of -way for the placement of LLWAS
poles and equipment and to establish an assesment that the FAA
shall be required to pay to the City of Miami as compensation for
the cost of regulations imposed by said permit agreement(s); and
WHEREAS, the City Commission finds that the implementation of
the LLWAS is in the best interest of the public;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Chapter 54 of the Code of the City of Miami,
Florida, as amended, is hereby amended by the addition of a new
article as follows:}`
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE X. USE OF THE PUBLIC RIGHTS -OF -WAY FOR THE
INSTALLATION OF A LOW LEVEL WIND SHEAR
ALERT SYSTEM(S).
'1/ Asterisks indicate omitted and unchanged material.
&Z