HomeMy WebLinkAboutDocumentation_Regular_Tab 10-C_2/12/1998 (2) fi
Memorandum
To: Village Council
From: Thomas G. Bradford, Village Manager
Date: February 4, 1998
Subject: Resolution in Opposition to House Bill 3291,
Telecommunications Rights-of-Way Act; Agenda Item
•
There is a move afoot in the State of Florida via the
introduction of House Bill 3291, also known as the
Telecommunications Rights-of-Way Act, to limit municipal
regulation of telecommunications usage of municipal rights-of-way
and limiting the franchise fees that municipalities collect from
such telecommunications providers for the use of such
rights-of-way.
From the municipal perspective, this is an ill-advised Bill
because it is a usurpation of local government regulatory rights
and would impose drastic revenue reductions for all
municipalities, including Tequesta, imposing franchise fees on
telecommunications providers utilizing rights-of-way within their
jurisdiction. If franchise fees from telecommunications
providers are reduced or done away with, this would negatively
impact Tequesta' s revenue flow which could only be augmented with
a commensurate increase in property taxes. Furthermore, a
reduction in the same could effect the revenues pledged or
intended to be pledged in future bond issues since this source of
revenue is a significant non-ad valorem revenue source for
Tequesta. Non-ad valorem revenues are typically pledged to pay
back the principal and interest due on revenue bonds .
Recently, I communicated with Representative Sharon Merchant who
is on the Utilities and Communications Committee which considered
House Bill 3291 . The attached Resolution is modeled after that
recently adopted by the Palm Beach County Municipal League in
opposition to the Telecommunications Rights-of-Way Act. Finally,
this issue, also known as Rights-Of-Way Authority, is an item on
the 1998 Legislative Action Agenda of the Florida League of
Cities of which Tequesta is a member.
It is strongly recommended that the Village Council adopt this
Resolution, going ' on record in opposition to the
Telecommunications Rights-of-Way Act (House Bill 3291) in order
to protect Tequesta' s regulatory rights over its rights-of-way
and to protect its ability to secure an appropriate amount of
rent for usage of such Tequesta right-of-way. •
TGB/krb
council\020498-4.sam
RESOLUTION NO. 10 - 97/98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, EXPRESSING ITS VIGOROUS OPPOSITION
TO HOUSE BILL 3291 WHICH IS SOMETIMES CITED
AS THE "TELECOMMUNICATIONS RIGHTS-OF-WAY
ACT" OR ANY SIMILAR LEGISLATION SINCE SUCH
ACT OR LEGISLATION WOULD HAVE SIGNIFICANT
ADVERSE IMPACTS WITH REGARD TO A LOCAL
GOVERNMENT'S AUTHORITY OVER ITS PUBLIC
RIGHTS-OF-WAY AS WELL AS ITS AUTHORITY OVER
THE TELECOMMUNICATIONS PROVIDERS WHO MAY
WISH TO UTILIZE SAME; PROVIDING FOR
DISTRIBUTION OF THIS RESOLUTION; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, The Village Council of the Village of Tequesta has
been fully informed with regard to proposed House Bill 3291
which is also known as the "Telecommunications Rights-of-Way
Act" ; and
WHEREAS, this proposed legislation has significant adverse
impacts with regard to a local government's authority over
its public rights-of-way as well as its authority over the
telecommunications providers who may wish to utilize same;
and
WHEREAS, this proposed legislation will severely diminish
revenues now provided through franchise fees levied for the
use of these rights-of-way and will infringe on local
governments ' home rule powers; and
WHEREAS, the Village Council believes this proposed
legislation represents an unfunded mandate, as well since
the reduction of money now collected through franchise fees
would create a shortfall in revenues generally collected
thus, potentially resulting in property tax increases to
residents in order to recover such lost revenues .
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Village of Tequesta OPPOSES House Bill 3291
known as the "Telecommunications Right-of-Way Act" or any
other similar legislation which would have the effect of
eliminating a local government's ability to control
utilization of rights-of-way located within its jurisdiction
as well as limiting the type and amount of compensation a
local government can charge for the use of this limited
resource.
Section 2. The Village Clerk shall distribute a copy of
this Resolution to each Member of the Palm Beach County
Legislative Delegation and to the Florida League of Cities .
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The motion was
4 seconded by Councilmember , and upon being
put to a vote, the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and
adopted this 12th day of February, A.D. , 1998 .
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Joann Manganiello
Village Clerk
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