HomeMy WebLinkAboutDocumentation_Regular_Tab 22_11/13/2008~.
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: Ord. 22-08
11/13/08
Consent Agenda: No Resolution #:
Originating Department: Community Development
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Ordinance 22-08, First Reading, Adopting New Chapter 63 to be Entitled Right-of-Way Regulations
3. BUDGET /FINANCIAL IMPACT:
Account #: _ _. Amount of this item: . , _ -, ~ _ - ~~_
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: ~ Appropriate Fund Balance: - ,.
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
In the past, municipalities relied upon franchise agreements with the various utilities in order to
regulate their rights-of-way. However, since it is no longer legal to have a cable television franchise
under the Federal Telecommunications Act and State Law, municipalities generally enact an
ordinance in order to protect their rights-of-way. Since Tequesta does not have such an ordinance,
we drafted this one to protect the Village.
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Dept. He~id: %' '~~ Finance Director.' [~~~Reviewed for Financial
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^ No Financial Impact
Attorney: (for legal sufficiency) 1II ~~JQ~1.ea h~ (~1~-y Yes
Village Manager:
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• SUBMIT FOR COUNCIL DISCUSSION: []~
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• APPROVE ITEM: I-J
• DENY ITEM: ^
Form amended 08/26/08
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No ^
Routing Sheet Process
Send ALL completed forms to
Finance for review ONE WEEK prior
to agenda items due into Clerk's
Office.
Finance sends Routing Sheet to
Clerk by deadline.
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ATTORNEYS AT LAW
1111 Hypoluxo Road, Suite 207
~~ .~~462
JOHN CORBETT TELEPHONE (561) 586-7116
TRELA J. WHITE TELECOPIER (561) 586-9611
BRADLEY W. BIGGS*^
KEITH W. DAMS*^ * State Certified County and Circuit Court Mediator
R. MAX LOHMAN** ** Certified County Court Mediator
MICHAEL B. STEINBAUM ^ Boazd Certified in City, County and Local Government Law
MEMORANDUM
TO: Mayor and Council
Michael Couzzo, Village Manager
FROM: Trela J. White, Esq.
DATE: November 4, 2008
RE: Ordinance No. 22-08 -Right-of--Way Regulations
1. Section 253(c) of the Telecommunications Act leaves to state and local government the
authority to manage the Public Right-of--Way on a competitively neutral and nondiscriminatory
basis
2. Section 337.401, Florida Statutes, provides that local governments are authorized to
prescribe and enforce reasonable rules and regulations with reference to the placing and
maintaining of utilities along, across, or on any road and may grant to a resident or corporation
organized or licensed in Florida the use of the Right-of--Way in accordance with said rules and
regulations.
3. In the past, municipalities relied upon franchise agreements with the various utilities in
order to regulate their rights-of--way. However, since it is no longer legal to have a cable
television franchise under the Federal Telecommunications Act and State Law, municipalities
generally enact an ordinance in order to protect their rights-of--way.
4. Since Tequesta does not have such an ordinance, we drafted this one to protect the
Village.
Y:\docs\Teques[a\Letters & Memos\Agenda Memo-Ord No 22-08.doc
1
ORDINANCE N0.22-08
AN ORDINANCE OF THF, VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA AMENDING ITS CODE OF ORDINANCES BY
ADOPTING A NEW CHAPTER 63. TO BE ENTITLED RIGHT-OF-WAY
REGULATIONS.; PROVIDING FOR THE MANAGEMENT AND REGULATION
OF THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR PURPOSE AND
DEFINITIONS; PROVIDING FOR REGISTRATION FOR USE OF THERIGHT-
OF-WAY; PROVIDING FOR NATURE, EFFECTIVENESS, AND TRANSFER OF
REGISTRATION; PROVIDING FOR EXISTING COMMUNICATIONS
FACILITIES AND OTHER UTILITIES LOCATED IN THE PUBLIC RIGHT-OF-
WAY; PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING FOR
APPEALS; PROVIDING FOR CONSTRUCTION 1N THE RIGHT-OF-WAY;
PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING FOR
PENALTIES FOR VIOLATION; RESERVING CHAPTERS 64-65. FOR FUTURE
LEGISLATION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, Section 253(c) of the Telecommunications Act leaves to state and local
government the authority to manage the Public Right-of--Way on a competitively neutral and
nondiscriminatory basis; and
WHEREAS, Section 337.401, Florida Statutes, provides that local governments are
authorized to prescribe and enforce reasonable rules and regulations with reference to the placing and
maintaining of utilities along, across, or on any road and may grant to a resident or corporation
organized or licensed in Florida the use of the Right-of--Way in accordance with said rules and
regulations; and
WHEREAS, in accordance with the Congressional intent of Section 253 of the
Telecommunications Act and Section 337.401, Florida Statutes, the Village Council desires to place
certain reasonable rules and regulations on the use of the Public Right-of--Way by electric
transmission, telephone, telegraph or other utilities as defined at Section 337.401, F.S.; and
WHEREAS, the Village of Tequesta is a municipality and has all powers of local self-
government; and
WHEREAS, pursuant to the authority set forth in Section 253 of the Telecommunications
Act and Section 337.401, Florida Statutes, the Village of Tequesta desires to impose reasonable
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rules and regulations for the use of the Public Right-of--Way by Communication Service Providers as
well as all other utilities in anon-discriminatory manner.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The code of ordinances of the Village of Tequesta is hereby amended by the
adoption of an entirely new Chapter 63. to be entitled Right-of--Way Regulations., and reserving
Chapters 64-65. for future legislation; which chapter shall hereafter read as follows:
Chapter 63
RIGHT-OF-WAY REGULATIONS
Article I. In General.
Secs. 63-1- 63-25. Reserved.
Article II. Right-of--Way Regulations.
Sec.63-26. Purpose.
Sec.63-27. Definitions.
Sec. 63-28. Registration for Placing or Maintaining Communications Facilities or
Utilities in the Right-of Way.
Sec. 63-29. Nature of Registration.
Sec. 63-30. Registration; Effectiveness of Registration.
Sec. 63-31. Transfer of Registration.
Sec. 63-32. Existing Communications Facilities and Utilities in the Right-of Way.
Sec. 63-33. Suspension of Permits.
Sec.63-34. Appeals.
Sec. 63-35. Construction in the Right-of--Way.
Sec. 63-36. Insurance and Indemnification.
Sec. 63-37. Penalties for Violation.
Secs. 63-38 - 63-50. Reserved.
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ARTICLE I. IN GENERAL
Sec. 63-1- 63-25. Reserved.
ARTICLE II. RIGHT-OF-WAY REGULATIONS
Sec. 63-26. Purpose. The purpose of this Ordinance is:
(a) to establish a competitively neutral policy for the use of the Public Right-of--Way for
the provision of Communications Services by Communications Services Providers
and other utilities; and
(b) to regulate the placement of Communications Facilities and Utilities in the Public
Right-of--Way pursuant to its governmental powers as set forth at Chapter 166,
Florida Statutes; and
(c) to prescribe reasonable rules for such uses pursuant to Sections 337.401 and
364.0361, Florida Statutes, so as to minimize disruption of services in the Public
Right-of--Way, regulate the use of the Public Right-of--Way by Communications
Services Providers and other utilities, and to regulate the construction, installation,
maintenance, repair, removal and replacement of facilities in the Public
Right-of--Way.
Sec.63-27. Definitions.
(a) "Village" shall mean Village of Tequesta, Florida.
(b) "FCC" shall mean the Federal Communications Commission.
(c) "Person" includes individuals, children, firms, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and
all other groups or combinations.
(d) "Public Right-of--Way" or "Right of Way" shall mean a public right-of--way, public
utility easement, highway, street or alley owned by the Village, dedicated to the
Village or to the public, or for which the Village holds a property interest and
exercises rights of management or control. This term shall include the surface, the
air space over the surface and the area below the surface of all public roads, streets,
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highways, alleys, boulevards, bridges, tunnels, public utility easements, and all public
grounds.
(e) "Registrant" shall mean a company that has Registered with the Village in
accordance with the provisions of this Article.
(f) "Registration" and "Register" shall mean the process described in Section 63-28
whereby a Communications Services Provider provides certain information to the
Village.
(g) "Communications Services" shall mean the transmission of data or other information
between or among points specified by or through any electronic or other medium as
defined in Section 202.11(2), Florida Statutes, as may be amended.
(h) "Communications Facility" or "Facility" is a facility that may be used to provide
Communications Services as defined in Section 337.401(6)(a)2, Florida Statutes, as
may be amended.
(i) "Communications Services Provider" or "Provider" shall mean any Person or entity
that provides Communications Services.
(j) "Utility" or `Utilities" shall refer to any electric transmission, telephone, telegraph,
or other Communications Services lines, pole lines, poles;. railways, ditches, sewers,
water, heat or gas mains, pipelines, fences, gasoline tanks and pumps, or any other
structures, pipes, lines or facilities that Providers place in the Public Right-of--Way as
defined in Section 337.401(1), Florida Statutes, as may be amended.
Sec. 63-28. Registration for Placing or Maintaining Communications Facilities or Utilities
in the Right-of--Way.
(a) A Communications Services Provider or Utility Provider that desires to erect,
construct, install, maintain, place, repair, extend, expand, remove, locate or relocate a
permanent or temporary Communications Facility or Utility in, on, under, over or
across the Public Right-of--Way in the Village shall first Register with the Village in
accordance with this Article.
(b) Subject to the terms and conditions contained in this Article, a Registrant may erect,
construct, install, place, repair, maintain, expand, remove, locate or relocate a
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permanent or temporary Communications Facility or Utility in, on, over, under, or
across the Public Right-of--Way.
Sec. 63-29. Nature of Registration. A Registration shall not convey title, equitable or legal, in the
Public Right-of--Way. Registration under this Article governs the occupation of Public Rights-of-
Way only. Registration does not excuse a Communications Service or Utility Provider from
obtaining appropriate access or pole attachment agreements before locating its facilities on the
Village's or another person's facilities. Registration does not excuse any Provider from complying
with all applicable Village ordinances, including this Article.
Sec. 63-30. Registration; Effectiveness of Registration.
(a) Registration. Any Communications Services Provider desiring to use the Public
Right-of--Way shall file a Registration form with the Village which shall include the
following information:
(1) name of the applicant; and
(2) name, address and telephone number of the applicant's primary contact
person in connection with the Registration; and
(3) evidence of the insurance coverage required under this Article and
acknowledgment of the indemnity and other provisions of this Article; which
acknowledgment shall not be considered an agreement to the provisions; and
(4) the number of the applicant's certificate or certificates of authorization, if
any, to provide Communications Services or any other type of services
issued by the Florida Public Services Commission, the Federal
Communications Commission the Department of State, or other applicable
governing boards or commissions.
(b) Review by Village. The Village will review the information submitted by the
applicant. If the applicant submits all information in accordance with subsection 63-
30(a). above, the Registration shall be effective and the Village shall notify the
applicant of the effectiveness of the Registration in writing. If the Village determines
that the information has not been submitted in accordance with the above-referenced
subsection, the Village shall notify the applicant in writing of the non-effectiveness
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of Registration. The Village shall so reply to an applicant within thirty (30) days
after receipt of the Registration information from the applicant.
(c) Cancellation of Registration. A Registrant may cancel a Registration upon written
notice to the Village that it will no longer place, maintain or own any
Communications Facility or Utility in the Public Right-of--Way of the Village and
will no longer need to pull permits to perform work in Public Right-of--Way. A
Registrant cannot cancel a Registration if the Registrant continues to place, maintain
or own any Communications Facility or Utility in the Public Right-of--Way.
(d) No Priority in Registration. Registration does not establish any priority for the use of
the Public Right-of--Way; however an effective Registration is required prior to the
issuance of a permit to work in the Public Right-of--Way. The fact that a
Communications Services or Utility Provider is Registered shall not establish any
right or priority for the use of the Public Right-of--Way.
(e) Renewal of Registration. A Registrant shall renew its Registration with the Village
by October 1 st of each year in accordance with the Registration requirements in this
Article. Within thirty (30) days of any change in the information required to be
submitted pursuant to subsection 63-30(a). above, a Registrant shall provide updated
information to the Village. If no information in the then-existing Registration has
changed, the renewal may state that no information has changed. Registrations are
expressly subject to any future amendment to or replacement of this Article and
further subject to any additional Village ordinances, as well as any state or federal
laws that maybe enacted during the term of the Registration. If a Registrant fails to
renew its Registration, the sole consequence shall be that the Village may restrict the
Provider from obtaining permits under subsection (f) below until the
Communications Services or Utility Provider has complied with the Registration
requirements of this Article.
(f) Permits. A permit is hereby required of a Communications Services or Utility
Provider that desires to erect, construct, install, maintain, place, repair, extend,
expand, remove, locate or relocate a permanent or temporary Communications
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Facility or Utility in any Public Right-of--Way. An effective Registration shall be a
condition of obtaining a permit. An effective Registration does not mean that
applicable permitting requirements shall not apply or that such requirements have
been or will be deemed to have been satisfied. Permit fees, if any, shall be paid upon
the submission of an application for same; the amount of such permit fee, if any, shall
be set by resolution of the Village Council.
Sec. 63-31. Transfer of Registration. If the Registrant transfers or assigns its Registration incident
to a sale or other transfer of the Registrant's assets located within the Village, the transferee or
assignee shall be obligated to comply with the terms of this Article. Written notice of any such
transfer or assignment shall be provided to the Village as of the effective date of such transfer. In
order for the transfer of Registration to be effective, such written notice must include the identity of
the transferee or assignee, and notice of any changes to the information provided under subsection
63-30(a), including any changed evidence of insurance coverage.
Sec. 63-32. Existing Communications Facilities and Utilities in the Right-of--Way.
Communications Facilities or Utilities which have been constructed or placed in the Public Right-of-
Way prior to the Effective Date of this Article may remain in the Right-of--Way provided the
Provider complies with the Registration provisions of this Ordinance. Providers with existing
Communications Facilities or Utilities have one hundred and twenty (120) days from the Effective
Date of this Ordinance to comply with the terms of this Ordinance, or be found in violation thereof.
Sec. 63-33. Suspension of Permits. Subject to Section 63-34. below, the Village may suspend a
permit for work in the Public Right-of--Way for one or more of the following reasons:
(a) violation of permit conditions, including conditions set forth in this Article or other
applicable Village codes or regulations governing use of the Public Right-of--Way;
(b) misrepresentation orfraud byRegistrant in a Registration or permit application to the
Village;
(c) violation of provisions in this Article requiring payment of permit fees, if applicable,
to the Village; or
(d) failure to relocate or remove Communications Facilities or Utilities as may be
lawfully required by the Village.
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Sec. 63-34. Appeals. Final, written decisions of the Village Manager suspending 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 Village Manager within thirty (30) days of the date of
the final, written decision to be appealed. Any appeal not timely filed as set forth herein shall be
waived. The Village Council shall consider the appeal at the next regularly scheduled meeting and
shall consider whether the applicant meets the requirements for a Registration or permit based upon
the provisions of this Article and the applicable State and Federal laws.
Sec. 63-35. Construction in the Right-of--Way.
(a) Permits to Construct. The Registrant may construct the Communications Facilities
or Utilities in the Public Right-of--Way specifically identified in permits obtained in
accordance with applicable provisions of this Article or other applicable Village
codes and regulations. The permission to use and construct in the Public Right-of-
Way is only for those areas specifically identified in the permit.
(b) Compliance with Village Codes and Regulations. Registrant agrees to comply with
all applicable Village codes and regulations in constructing any Communications
Facilities or Utilities in the Public Right-of--Way, including, but not limited to,
engineering regulations, permit requirements, contractor licensing requirements, fire
codes and zoning codes; and shall not disturb the Village's existing stormwater
system as defined further at Division 3. of Article IV. of Chapter 74. Utilities of the
Village Code of Ordinances.
(c) Registrant Must Obtain Applicable Permits. Except in the case of an emergency,
Registrant shall not commence any construction in the Public Right-of--Way until all
applicable permits have been issued by the Village or other appropriate authority.
The term emergency shall mean anout-of-service condition or other condition that
may affect the public's health, safety and welfare. Registrant shall provide
reasonable advance notice to the Village of its intent to commence construction in the
Right-of--Way in the event of an emergency. Registrant acknowledges that as a
condition of granting such permits, the Village may impose conditions on the permits
as necessary and reasonable for the construction in the Public Right-of--Way.
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(d) Construction Standards. Registrant shall construct, maintain, install, remove and/or
repair the Communications Facility or Utility in the Public Right-of--Way in
compliance with all applicable construction standards as established by all local, state
or federal law and in conformance with the Village's codes and regulations.
Registrant shall use and exercise due caution, care, skill and expertise in performing
work in the Public Right-of--Way and shall take all reasonable steps to safeguard
work site areas.
(e) Installation and Construction Schedule; Inspections. In the interest of the public's
health, safety and welfare, Registrant shall cooperate with the Village and the
Village's management actions in coordinating the use of the Public Right-of--Way.
Upon request of the Village, a Registrant shall coordinate work under a permit with
any other construction, installation or repairs that may be occurring or scheduled to
occur in the subject Public Right-of--Way and alter its construction schedule as
necessary so as to minimize disruptions and disturbance in the Public Right-of--Way.
(f) Maintenance. A Registrant shall maintain its Communications Facilities or Utilities
in the Public Right-of--Way in a safe condition.
(g) Notice to Village. Prior to any excavation in the Public Right-of--Way for
construction, installation, repair or maintenance, the Registrant must call prior to
construction activity to locate any underground equipment in accordance with
Chapter 556, Florida Statutes, as it may be amended. A Registrant must be a
member of Sunshine State One Call of Florida, Inc. (1-800-432-4770) or any
successor alert and warning system to protect and locate its underground equipment.
(h) Removal of Registrant's Communications Facilities or Utilities in the Right-of--Way.
To the extent authorized by Section 337.403, Florida Statutes, Village may require
Registrant to remove or relocate, and Registrant shall, at Village's direction, remove
or relocate any Communications Facilities or Utilities in the Public Right-of--Way
when the Village Manager determines that such removal or relocation is necessary to
protect or preserve the public health, safety and welfare, or to protect the proper
operation of Village's traffic signals or traffic control devices or other Village
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facilities. Village shall provide ninety (90) days written notice to Registrant before
the lines must be relocated or removed. If Registrant fails to commence and
complete this removal work by the dates requested by the Village in its written
notice, or within thirty (30) days following the expiration or termination of this
Registration, then the Village shall have the right to perform this removal work and
charge Registrant for the costs incurred by the Village in performing this work. Upon
payment by Registrant of the costs to the Village, the Village shall promptly return to
Registrant equipment removed by Village pursuant to this provision.
(i) Restoration of Right-of-Way. Upon the completion of each installation, construction,
repair, maintenance, or removal in the Right-of--Way, a Registrant shall restore the
Public Right-of--Way to a safe condition and to the Village's standard specifications
for Right-of--Way, at Registrant's expense. Registrant shall, at its own expense,
repair or replace any other property disturbed or damaged on account of its activities
in the Public Right-of--Way.
(j) Interference with Other Uses in the Public Right-of--Way. A Registrant shall use
reasonable efforts not to disturb or otherwise disrupt the operation or maintenance of
any other Communications Facilities, Utilities, or uses in the Public Right-of--Way,
including, but not limited to, sewers, storm drains, gas or water mains, or other
underground cables or conduits.
(k) No Warranties or Representations by Village. The Village makes no warranties or
representations regarding the fitness or suitability of Village's property for the
installation of Registrant's Communications Facilities or Utilities and any
performance of work or costs incurred by Registrant or provision of services shall be
at Registrant's sole risk.
(1) Maps. Within thirty (30) days of a request by the Village, the Registrant shall
provide the Village with copies of maps on disk, in a format specified by the Village
Manager, provided such format is maintained by the Registrant. Any such
maintained geographic data, media and information will be provided at no cost to
Village. In no event shall any proprietary confidential information be required to be
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disclosed pursuant to this section, except that the location of Communications
Facilities or Utilities previously placed in the Public Right-of--Way shall not be
deemed proprietary confidential information.
(m) Relocation of Facilities and Reservation of the Village's Rights:
(1) The Village reserves the right to lay, and permit to be laid, sewer, gas, water,
electric, storm drainage, telecommunications, and other pipelines or cables or
conduit, and to do and to permit to be done any underground installation or
improvement that may be deemed necessary or proper by the Village in,
across, along, over or under any Public Right-of--Way occupied by the
Registrant, and to change any curb or sidewalk or the grade of any street. The
Village, its contractors and subcontractors shall be required to call Sunshine
State One Call of Florida, Inc. (1-800-432-4770), or successor alert and
warning system, prior to excavation, in accordance with Chapter 556, Florida
Statutes, as it may be amended, in order to avoid damages to Registrant's
Communications Facilities or Utilities.
(2) The Village expressly reserves the right to change, or cause to be changed
through exercise of its police powers, the grading, installation, relocation, or
width of the Village streets, sidewalks, bikeways, alleys, public
thoroughfares, highways and public ways and places within the present limits
of the Village and within said limits as same may from time to time be
altered, and the Registrant shall relocate, at its own expense where allowed
by Section 337.403, Florida Statutes, as it maybe amended, its poles wires,
cables, anchors, manholes, conduits, appurtenances, or other
Communications Facilities, or Utilities in order to accommodate the
installation, relocation, widening or changing of the grade of any public
streets, sidewalks, bikeways, alleys, public thoroughfares, highways and
public ways and places, including if necessary relocating such poles, wires,
cables, anchors, manholes, conduits or other facilities or appurtenances to a
sufficient distance from the edge of the pavement to permit a reasonable work
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area for machinery and individuals engaged in installing, relocating,
widening, or changing the grade of any such streets, sidewalks, bikeways,
alleys, public thoroughfares, highways and public ways and places. Upon
notice in writing from the Village that changes in the Public Right-of--Way
are required pursuant to the Village's police power in such a manner as will
necessitate the relocation of its facilities in the Public Right-of--Way, the
Registrant shall relocate its Communications Facilities or Utilities at no
expense to the Village, where allowed by Section 337.403, Florida Statutes,
as it may be amended, so as to permit the construction of such improvements
when ordered. Should the Registrant fail to comply with such notice, the
Communications Facilities or Utilities may be relocated by the Village and
the cost thereof recovered from the Registrant, where allowed by Section
337.403, Florida Statutes, as it may be amended.
Sec. 63-36. Insurance and Indemnification.
(a) Indemnification. Registrant shall agree to protect, defend, reimburse, indemnify and
hold Village, its agents, employees and elected officers and each of them free and
harmless at all times from and against any and all suits, actions, legal or
administrative proceedings, claims, demands, damages, liabilities, interest, attorney's
fees, costs and expenses of whatsoever kind or nature whether arising in any manner
directly or indirectly caused, occasioned or contributed to in whole or in part, by
reason of any act, omission or fault, of anyone acting under Registrant's direction or
control, or on Registrant's behalf in any matter related to Registrant's use of the
Right-of--Way or any property Registrant is entitled or authorized to use as a result of
the Registration or other authorization. Registrant's aforesaid indemnity and hold
harmless obligations, or portions or applications thereof, shall apply to the fullest
extent permitted by law but in no event shall they apply to liability caused by the
negligence or willful misconduct of the Village, its respective agents, servants,
employees or officers, nor shall the liability limits set forth in Section 768.28,
Florida Statutes, be waived.
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(b) Insurance. A Registrant shall maintain in full force and effect general liability
insurance acceptable to the Village, which specifically covers all exposures incident
to the intent and responsibilities under this Article in the amounts set forth below:
(1) Workers' compensation insurance within Florida statutory limits and
employers' liability insurance with minimum limits of one hundred thousand
dollars ($100,000) each accident.
(2} Comprehensive general liability insurance with minimum limits of three
million dollar ($3,000,000) as the combined single limit for each occurrence
of bodily injury, personal injury and property damage. The policy shall
provide blanket liability insurance and shall include coverage for products
and completed operations liability, independent contractor's liability;
coverage for property damage from perils of explosion, collapse or damage to
underground utilities, commonly known as XCU coverage.
(3) Automobile liability insurance covering all owned, hired, and non-owned
vehicles in use by the Provider, its employees and agents, with personal
protection insurance and property protection insurance to comply with the
provisions of the applicable State law, including residual liability insurance
with minimum limits of two million dollars ($2,000,000) as the combined
single limit for each occurrence for bodily injury and property damage.
(4) Named Insureds. All certificates of insurance shall name the Village of
Tequesta as an additional insured.
(5) Cancellation of Policies of Insurance. At least sixty (60) days prior written
notice shall be given to the Village by the insurer of any intention not to
renew such policy or to cancel, replace or materially alter same, such notice
to be given by registered mail to the Village.
Sec. 63-37. Penalties for Violation. Any violation of any of the provisions of this Ordinance may
be enforced as provided for in Chapter 162, Florida Statutes. Each day or fraction thereof the
violation continues shall be considered as a separate offense. In addition, the Village can pursue any
and/or all other lawful actions, including filing a complaint with Florida Public Service Commission
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or Federal Communications Commission advising of violations of Village Ordinances, filing an
injunction in Circuit Court to enforce the terms of the Article, Registration or permit or to enjoin the
use of the Public Right-of--Way, pursuing action before the Code Enforcement Special Magistrate to
impose daily fines, denying permits or development orders for other projects or use of the Right-of-
Way by the Provider, and/or by any other means allowed by law. These remedies shall be
cumulative.
Sec. 63-38 - 63-50. Reserved.
Chapters 64-65
RESERVED
Section 2: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 3: Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 4: Specific authority is hereby granted to codify and incorporate this Ordinance
as an entirely new Chapter 63. to be added to the existing Code of Ordinances of the Village of
Tequesta.
Section 5: This Ordinance shall take effect immediately upon adoption.
FIRST READING this 13~' day of November, 2008.
SECOND AND FINAL READING this 11~' day of December, 2008.
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