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3656 CITY OF SANFORD ORDINANCE NO. 3656 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR TITLE; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR NOTICE OF TRANSFER, SALE OR ASSIGNMENT OF ASSETS IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR PLACEMENT OR MAINTENANCE OF A COMMUNICATIONS FACILITY IN PUBLIC RIGHTS-OF- WAY; PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR INVOLUNTARY TERMINATION OF REGISTRATION; PROVIDING FOR EXISTING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATIONg PROVIDING FOR CONSTRUCTION BOND; PROVIDING FOR SECURITY FUND; PROVIDING FOR ENFORCEMENT REMEDIES; PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING FOR FORCE MAJEURE; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, effective January 1, 2001, Section 337.401, Florida Statutes (2000), is amended to state that because federal and state law require the nondiscriminatory treatment of proriders oftelecommunications services and because of the desire to promote competition among proriders of telecommunications services, it is the intent of the Legislature that municipalities and counties treat telecommunications companies in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of telecommunications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality or county relating to telecommunications companies placing or maintaining telecommunications facilities in its roads or rights-of-way must be generally applicable to all telecommunications companies and, notwithstanding any other law, may not require a telecommunications company to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining telecommunications facilities in its roads or rights-of-way; and WHEREAS, effective October 1, 2001, Section 337.401, Florida Statutes (2000), is further amended to state that because of the unique circumstances applicable to providers of communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of telecommunications services, and because of the desire to promote competition among providers of communications services, it is the intent of the Legislature that municipalities and counties treat providers of communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality or county relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way must be generally applicable to all providers of communications services and, notwithstanding any other law, may not require a provider of communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights- of-way; and WHEREAS, k is the intent of the City of Sanford to exercise the Cky of Sanford's authority over communications services providers' placement and maintenance of facilities in the public rights-of-way; and WHEREAS, it is the City of Sanford's intent to treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the public rights-of-way subject to the jurisdiction and control of the City of Sanford (1) are critical to the travel of persons and the transport of goods and other tangibles in 2 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 of Sanford is necessary to maximize effficiency, 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' placement and maintenance in the public rights-of-way; and (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 of Sanford to exercise its authority to adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law; and WHEREAS, it is the intent of the City of Sanford that this Ordinance shall not apply to cable sendee providers; and WHEREAS, Section 337.401, Florida Statutes (2000), references fees or other consideration which municipalities may require from telecommunications companies to occupy municipal rights-of-way for telecommunications facilities; and WBEREAS, it is the city' s intent to establish fees for occupation of the city's rights-of- way for telecommunications facilities oftelecommunications companies not otherwise paying a fee to the city for occupation of the city' s rights-of-way; and WHEREAS, it is the city' s intention that any telecommunications company paying fees for the occupation of the city' s fights-of-way for telecommunications facilities as of the effective date of this ordinance shall continue to pay fees to the city as the company has been paying them and that any other telecommunications company occupying the city's fights-of-way for telecommunications facilities pay the fees for occupation set forth in this ordinance. 3 NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: Section 1. Title This Ordinance shall be known and may be cited as the City of Sanford Communications Rights-of-Way Ordinance. Section 2. Intent and Purpose It is the intent of the City of Sanford to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in the Public Rights-of-Way within the City of Sanford; adopting and administering reasonable rules and regulations not inconsistent with State and Federal law, including Section 337.401, Florida Statutes (2000)1 as it may be amended, the City of Sanford's home-rule autho~ty~ and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights-of-Way by all Communications Services Proriders; and minimizing disruption to the Public Rights-of-Way. In regulating its Public Rights-of-Way, the City of Sanford shall be governed by and shall comply with all applicable Federal and State laws. Section 3. Definitions For purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings given. Where 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 shall be construed to mean the common and ordinary meaning. 1. "Abandonment" shall mean the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights-of-Way. 2. "City of Sanford" shall mean Sanford, Florida. 3. "Communications Services" shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this ordinance "cable service", as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definition of "Communications Services," and cable service providers may be subject to other ordinances of the City of Sanford. 4. "Communications Services Provider" shall mean any Person including a municipality or county providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights-of-Way. "Communications Services Provider' shall also include any Person including a municipality or county that places or maintains a Communications Facility in Public Rights~of-Way but does not provide Communications Services. 5. "Communications Facility" or "Facility" or "System" shall mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights-of-Way of the City of Sanford and used or capable of being used to transmit, convey, rome, receive, distribute, provide or offer Communications Services. 6. "FCC' shall mean the Federal Communications Commission. 7. "In Public Rights-of-Way" or "in the Public Rights-of-Way" shall mean in, on, over, under or across the Public Rights~of-Way. 8. "Ordinance" shall mean this Ordinance. 9. "Person" shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the City of Sanford only to the extent the City acts as a Communications Services Provider. 10. "Place or maintain" or "placement or maintenance" or "placing or maintaining" shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights-of-Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A person providing sentice only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute "placing or maintaining" facilities in the public rights-of-way. 11. "Public Rights-of-Way" shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the City of Sanford is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights-of-Way" shall not include private property. "Public Rights-of-Way" shall not include any real or personal City of Sanford property except as described above and shall not include City of Sanford buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way. 12. "Registrant" shall mean a Communications Services Provider that has Registered with the City of Sanford in accordance with the provisions of this Ordinance. 13. "Registration" or "Register" shall mean the process described in this Ordinance whereby a Communications Services Provider provides certain information to the City of Sanford. Section 4 - Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way 6 1. A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City shall first register with the City in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may place or maintain a Communications Facility in Public Rights-of-Way. 2. A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights-of-Way. Registration under this ordinance govems only the placement or maintenance of Communications Facilities in Public Rights-of-Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights-of-Way of facilities that are not Communications Facilities. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city or another person' s facilities. Registration does not excuse a Communications Services Provider from complying with all applicable city ordinances, codes or regulations, including this ordinance. 3. Each Communications Services Provider that desires to place or maintain a Communications Facility in public rights-of-way in the city shall file a single registration with the City which shall include the following information: (a) name of the applicant; (b) name, address and telephone number of the applicant' s primary contact person in connection with the registration, and the person to contact in case of an emergency; (c) for registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service or toll service or both; (d) evidence of the insurance coverage required under this ordinance and acknowledgment that registrant has received and reviewed a copy of this ordinance, which acknowledgment shall not be deemed an agreement; and (e) the number of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other Federal or State authority, if any. (f) for an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, such as the number of the certificate from or filing with the Florida Department of State. 4. Registration Application Fees. The city, at its option, require a registration application fee through October 1, 2001. If the city decides to charge such fee, note that some telecommunications services providers may offset this registration application fee against fees payable to a municipality under Section 337.401(3), Florida Statutes (2000), so the city may choose not to require a separate registration application fee from such providers. Under the provisions of Sections 16 and 51, Chapter 2000-260, Laws of Florida, effective October 1,2001, registration application fees do not appear to be permitted. a) Each applicant for a Registration shall submit a registration application fee with the application, which shall not be refunded if the application is withdrawn; provided that the registrant may credit the registration application fee as provided in Section 337.401(3), Florida Statutes (2000). Fee amounts shall be established by Resolution of the City and shall be in an amount not to exceed the city's costs and expenses incurred in connection with reviewing and approving the Registration. If the registration application fee is insufficient to cover all costs or expenses incurred by the City in connection with review and approval of the Registration, the applicant shall reimburse the City for any such costs and expenses in excess of the registration application fee following receipt of written notice, which shall explain any additional costs or expenses. This subsection 4 (a) shall be repealed and shall have no force or effect on or after October 1, 2001. (b) no registration application fees shall be imposed on or after October 1, 2001. 5. The City shall review the information submitted by the applicant. Such review shall be by the Designated City Official or his or her designee. If the applicant submits information in accordance with subsection 3. 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 subsection 3. 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. Non-effectiveness of Registration shall not preclude an applicant from filing subsequent applications for Registration under the provisions of this Section. An applicant has 8 thirty (30) days after receipt of a notice of non-effectiveness of Registration to appeal the decision as provided in Section 8. 6. A Registrant may cancel a Registration upon written notice to the City stating that it will no longer place or maintain any Communications facilities in public rights-of-way within the City and will no longer need to obtain permits to perform work in public fights-of-way. A registrant cannot cancel a registration if the registrant continues to place or maintain any Communications Facilities in public rights-of-way. 7. Registration does not in and of itself establish a fight to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights-of-Way within the City but shall establish for the Registrant a fight to apply for a permit, if permitting is required by the City. Registrations 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. 8. A Registrant shall renew its Registration with the City by April 1 of even numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection 3, except, as of October 1, 2001, subsection 3(c), a registrant shall provide updated information to the City. If no information in the then-existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may result in the city restricting the issuance of additional permits until the Communications Services Provider has complied with the registration requirements of this ordinance. 9. In accordance with applicable city ordinances, codes or regulations, a permit may be required of a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way. An effective Registration shall be a condition of obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. Section 5 - Notice of Transfer, Sale or Assignment of Assets in Public Rights-of-Way If a registrant transfers, sells or assigns its assets located in Public Rights-of-Way incident to a transfer, sale or assignment of the registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this ordinance. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the city within twenty (20) days aecer the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re-register. If the transferee, buyer or assignee is not a current registrant, then the transferee, buyer or assignee shall register as provided in Section 4 within sixty (60) days of the transfer, sale or assignment. Section 6. Placement or Maintenance of a Communications Facility in Public Rights- of-Way 1. A Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and city ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights-of-Way. 2. A Registrant shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits, if any, have been issued by the City or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of- service condition of a pre-existing service. Registrant shall provide prompt notice to the City of the placement or maintenance of a Communications Facility in Public Rights-of-Way in the event of an emergency and shall or may be required to obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in Public Rights-of-Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the City may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights-of-Way. Permits shall apply only to the areas of Public Rights-of-Way specifically identified in the permit. l0 3. As part of any permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way, the Registrant shall provide the following: (a) the location of the proposed Facilities, including a description of the Facilities to be installed, where the Facilities are to be located, and the approximate size of Facilities that will be located in Public Rights-of-Way; (b) a description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques); (c) a maintenance of traffic plan for any disruption of the Public Rights-of-Way; (d) information on the ability of the Public Rights-of-Way to accommodate the proposed Facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other persons); (e) if appropriate given the facility proposed, an estimate of the cost of restoration to the Public Rights-of-Way; (f) the timetable for construction of the project or each phase thereof, and the areas of the city which will be affected; and (g) such additional information as the city finds reasonably necessary with respect to the placement or maintenance of the Communications Facility that is the subject of the permit application to review such permit application. 4. To the extent not otherwise prohibited by State or Federal law, the City shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights-of Way. 5. All Communications Facilities shall be placed or maintained so as not to unreasonably interfere with the use of the Public Rights-of-Way by the public and 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 as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. 6. All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. 3.3. 7. After the completion of any placement or maintenance of a Communications Facility in Public Rights-of-Way or each phase thereof, a Registrant shall, at its own expense, restore the Public Rights-of-Way to its original condition before such work. If the Registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the city may perform restoration and charge the costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. For twelve (12) months following the original completion of the work, the Registrant shall guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of this ordinance at its own expense. 8. Removal or relocation at the direction of the city of a Registrant's Communications Facility in Public Rights-of-Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended. 9. A permit from the city constitutes authorization to undertake only certain activities in 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. 10. A Registrant shall maintain its Communications Facility in Public Rights-of-Way in a manner consistent with accepted industry practice and applicable law. 11. In connection with excavation in the Public Rights-of-Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended. 12. Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights-of-Way and shall take all reasonable steps to safeguard work site areas. 13. Upon request of the city, and as notified by the city of the other work, construction, installation or repairs referenced below, a Registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject Public Rights-of-Way, and Registrant may be required to reasonably alter its placement or maintenance 12 schedule as necessary so as to minimize disruptions and disturbance in the Public Rights-of-Way. 14. A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the city or any other person's facilities lawfully occupying the Public Rights-of-Way of the city. 15. The city makes no warranties or representations regarding the fitness, suitability, or availability of city's public rights-of-way for the registrant's communications facilities and any performance of work, costs incurred or services provided by registrant shall be at registrant's sole risk. Nothing in this ordinance shall affect the City's authority to add, vacate or abandon public rights-of-way, and City makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for communications facilities. 16. The city shall have the right to make such inspections of communications Facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this ordinance. 17. A permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way shall include plans showing the location of the proposed installation of Facilities in the Public Rights-of-Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the city, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registrant shall be provided at no cost to the city. 18. The City reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of- way occupied by the Registrant. The city further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the Public Rights- of-Way within the limits of the City and within said limits as same may from time to time be altered. 13 19. Registrant shall, on the request of any person holding a permit issued by the City, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. 20. A Wireless Facility that is a portion of a Communication Facility,. such as an antenna (''Wireless Facility(ies)"), which is attached to a legally maintained vertical structure in the Public Rights-of-Way, such as a light pole or utility pole ("Vertical Structure(s)"), shall be subject to the following criteria: (a) Wireless Facilities may not extend more than 20 feet above the highest point of the Vertical Structure; (b) Wireless Facilities that are attached to a Vertical Structure located in Public Rights-of-Way that is fifteen feet or less in width and is located adjacent to real property used as a single family residence shall be flush mounted to the Vertical Structure; (c) Wireless Facilities shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation or law; (d) Wireless Facilities shall comply with any applicable Federal Communications Commission Emissions Standards; (e) the design, construction, and installation of such Wireless Facilities shall comply with any applicable local building codes; (f) no commercial advertising shall be allowed on such Wireless Facilities; and (g) any accessory equipment and related housing in the Public Rights-of-Way that are used in conjunction with such a Wireless Facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment. Vertical structures, such as towers, whose sole purpose is to serve as a mounting device for antennae, are expressly prohibited from being placed in the Public Rights-of-Way unless applicable zoning and land use laws or regulations allow such structures to be placed within the zoning district in which such Public Rights-of-Way are located or to which they are adjacent.] Section 7. Suspension of Permits The City of Sanford may suspend a permit for work in the Public Rights-of-Way for one or more of the following reasons subject to Section 8 of this Ordinance: 1. violation of permit conditions, including conditions set forth in the permit, this Ordinance or other applicable city ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights-of-Way; 2. misrepresentation or fraud by Registrant in a Registration or permit application to the City; or 3. failure to properly renew or ineffectiveness of registration. 4. failure to relocate or remove Facilities as may be laydully required by the city. The City shall provide notice and an opportunity to cure any violation of 1. through 4. above, each of which shall be reasonable under the circumstances. Section 8. Appeals Final, written decisions of the City Official or his or her designee suspending or denying a permit, denying an application for a registration or denying an application for renewal of a registration are subject to appeal. An appeal must be filed with the City Manager 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. The City Commission shall hear the appeal as set forth in the city code. The hearing shall occur within thirty (30) days of the receipt of the appeal, unless waived by the Registrant, and a written decision shall be rendered within twenty (20) days of the hearing. Upon correction of the grounds that gave rise to a suspension or denial, the suspension or denial shall be lit'ted. Section 9. Involuntary Termination of Registration 1. The City may terminate a registration if: (a) a Federal or Florida authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; (b) the Registrant's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents an extraordinary danger to the general public or other users of the Public Rights~of-Way and the Registrant falls to remedy the danger promptly after receipt of written notice; or (c) The Registrant ceases to use all of its Communications Facilities in Public Rights-of-Way and has not complied with Section 16 of this Ordinance. 2. Prior to termination, the Registrant shall be notified by the City Official with a written notice setting forth all matters pertinent to the proposed termination action, including which of (a) through (c) above is applicable as the reason therefore, and describing the proposed action of the City with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the City Official, to accomplish the same. If the plan is rejected, the City Official shall provide written notice of such rejection to the Registrant and shall make a recommendation to the City Commission regarding a decision as to termination of Registration. A decision by a City to terminate a Registration may only be accomplished by an action of the City Commission. A Kegistrant shall be notified by written notice of any decision by the City Commission to terminate its Registration. Such written notice shall be sent within seven (7) days after the decision. 3. In the event of termination, the former Registrant shall: (a) notify the City of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Communications Facilities in Public Rights-of-Way; or (b) provide the City with an acceptable plan for disposition of its Communications Facilities in Public Rights-of-Way. If a Registrant fails to comply with this subsection 3., which determination of non-compliance is subject to appeal as provided in Section 8, the City may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the Facilities where another Person has not assumed the ownership or physical control of the Facilities or requiring the Registrant within 90 days of the termination, or such longer period as may be agreed to by the Registrant, to remove some or all of the Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to its original condition before the removal. 4. In any event, a terminated Registrant shall take such steps as are necessary to render safe every portion of the Communications Facilities remaining in the Public Rights-of-Way of the City. 5. In the event of termination of a Registration, this Section does not authorize the City to cause the removal of Communications Facilities used to provide another service for which the registrant or another person who owns or exercises physical control over the Facilities holds a valid certification or license with the governing Federal or State agency, if required for provision of such service, and is Registered with the City, if required. Section 10. Existing Communications Facilities in Public Rights-of-Way A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the City has sixty (60) days from the Effective Date of this Ordinance to comply with the terms of this Ordinance, including, but not limited to, Registration, or be in violation thereof Section 11. Insurance 1. A Registrant shall provide, pay for and maintain satisfactory to the City the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and having a rating reasonably acceptable to the City. All liability policies shall provide that the City is an additional insured as to the activities under this ordinance. The required coverages must be evidenced by prope~y executed Certificates of Insurance forms. The Certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the City annually. Thirty (30) days advance written notice by registered, certified or regular mail or facsimile as determined by the city must be given to the city of any cancellation, intent not to renew or reduction in the policy coverages. The insurance requirements may be satisfied by evidence of self-insurance or other types of insurance acceptable to the City. 2. The limits of coverage of insurance required shall be not less than the following: (a) Worker' s Compensation and Employer's Liability-Insurance Florida Statutory Requirements 17 Employer'sLiability- $500~000.00 limit each accident $ 500,000.00 limit per accident $ 500,000.00 limit per each employee (b) Comprehensive General Liability Bodily injury and property damage- S 5,000,000.00 combined single limit each occurrence (c) Automobile Liability Bodily injury and property damage- S 1,000,000.00 combined single limit each accident Section 12. Indemnification 1. A Registrant shall, at its sole cost and expense, indemnify, hold hamless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the City arising out of the placement or maintenance of its Communications System or Facilities in Public Rights-of-Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this ordinance, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the city. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. 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. Nothing contained in this Section shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (b) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as it may be amended. 2. The indemnification requirements shall survive and be in effect after the termination or cancellation of a registration. Section 13. Construction Bond 1. Prior to issuing a permit where the work under the permit will require restoration of Public Rights-of-Way, the city may require a construction bond to secure the restoration of the Public Rights-of-Way. Notwithstanding the foregoing, a construction bond hereunder may only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 14. 2. 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. 3. 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 14. Security Fund At or prior to the time a Registrant receives its first permit to place or maintain a Communications Facility in Public Rights-of-Way after the effective date of this Ordinance, the Registrant may be required to file with the city, for city approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of $25,000.00 having as a surety a company qualified to do business in the State of Florida, and acceptable to the City, which shall be referred to as the "Security Fund." The Security Fund shall be maintained from such time through the earlier of: 1. transfer, sale, assignment or removal of all Communications Facilities in Public Rights-of-Way; or 2. twelve (12) months after the termination or cancellation of any Registration. The Security Fund shall be conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of this ordinance. The Security Fund shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of this ordinance, subject to Section 15 of this ordinance, there shall be recoverable, jointly and severally from the principal and surety of the Security Fund, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal, relocation or abandonment of any Facilities of the Registrant in Public Rights-of-Way, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund. Notwithstanding the foregoing, the City may in its discretion not require a Security Fund or may accept a corporate guarantee of the Registrant or its parent company. Section 15. Enforcement Remedies 1. A Registrant's failure to comply with provisions of this ordinance shall constitute a violation of this ordinance and shall subject the Registrant to the code enforcement provisions and procedures as provided in Article III of Chapter 2 of the City's Code of Ordinances. In addition, violation of this ordinance may be punishable as provided in Section 162.22, Florida Statutes. 2. Failure of the City to enforce any requirements of this ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. Section 16. Abandonment of a Communications Facility 1. Upon abandonment of a Communications Facility owned by a Registrant in Public Rights-of-Way, the Registrant shall notify the City within ninety (90) days. 2. The City may direct the Registrant by written notice to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Facility: (a) compromises safety at any time for any Public Rights-of-Way user or during construction or maintenance in Public Rights-of-Way; (b) prevents another Person from locating facilities in the area of Public Rights-of- Way where the Abandoned Facility is located when other alternative locations are not reasonably available; or (c) creates a maintenance condition that is disruptive to the Public Rights-of-Way's use. In the event of (b), the City may require the third person to coordinate with the Registrant 2O that owns the existing Facility for joint removal and placement, where agreed to by the Registrant. 3. In the event that the City does not direct the removal of the Abandoned Facility, the Registrant, 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 the City or another person at such third party' s cost. 4. If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City within a reasonable time period as may be required by the City under the circumstances, the City may perform such removal and charge the cost of the removal against the Registrant. Section 17. 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 Registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed asa result, provided, however, that such Registrant 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 Registrant's 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, contractors or agents. Section 18. Reservation of Rights and Remedies 1. The city reserves the right to amend this ordinance as it shall find necessary in the lawful exercise of its police powers. 2. This ordinance shall be applicable to all Communications Facilities placed in the Public Rights-of-Way on or after the effective date of this ordinance and shall apply to all existing 21 Communications 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. 3. The adoption of this ordinance is not intended to affect any fights or defenses of the City or a Communications Service Provider under any existing franchise, license or other agreements with a Communications Services Provider. 4. Nothing in this ordinance shall affect the remedies the City or the Registrant has available under applicable law. 5. Any person who uses the Communications Facilities of a Registrant, other than the Registrant that owns the Facilities, shall not be entitled to any fights to place or maintain such Facilities in excess of the fights of the Registrant that places or maintains the Facilities. Section 19. Severability If any section, sentence, phrase, word, or portion of this ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 20. Codification It is the intention of the City Commission of the City, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; that the Sections of this ordinance may be renumbered or relettered to accomplish such intention: that the word, "Ordinance", may be changed to "Section," "Article," or other appropriate word. Section 21. Conflicts All ordinances or part of ordinances in conflict be and the same are hereby repealed. Section 22. Effective Date That this Ordinance shall become effective immediately upon its passage and adoption. 22 PASSED and ADOPTED this ~/~ day of ~/]~/~ ,2001~ ATTEST: As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3656 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the ~57U~ day of ~c~ ,2001, was posted at the front door of the City Hall in the City of Sanford, Florida, on the/~h~tay of  ,2001. A~Clerk of the t~ty 7/ of Sanford, Florida I:\CES~FilesX2001 -Cities\Sanford\Ordinances\TeleModel Ordinance.wpd 23