HomeMy WebLinkAboutResolution_10-97/98_02/12/1998 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
i 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.
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THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
Mackail , who moved its adoption. The motion was
seconded by Councilmember Hansen and upon being
• put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Alexander 14'. Cameron
Joseph N. Capretta
Carl C. :iansen
Ron T. Mackail
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed and
adopted this 12th day of February, A.D., 1998.
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lvi?kYOR O QUE,8PTA s
Elizabete A. Schauer
ATTEST:
oann Mangani llo
Village Clerk
wp60 \res \11 -98
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