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HomeMy WebLinkAboutO-2001-004 ORDINANCE NO. 2001-004 AN EMERGENCY ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CITY CODE OF ORDINANCES TO IMPOSE A REQUIREMENT FOR THE OBTAINING OF A RIGHT-OF- WAY USE PERMIT TO PERFORM WORD IN ANY CITY RIGHTS-OF-WAY; REQUIRING A FRANCHISE OR RIGHT-OF-WAY USE AGREEMENT; PROVIDING DEFINITIONS AND REQUIREMENTS PERTAINING TO WORD WITHIN SUCH RIGHTS-OF-WAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section' 337.401, Florida Statutes, authorizes municipalities to prescribe and enforce reasonable rules and regulations with reference to the placing and maintaining of utilities along, across or on any road within its jurisdiction and such municipalities may grant permission to use public rights-of-way in accordance with such rules and regulations; and WHEREAS, the public rights-of-way subject to the jurisdiction and control of the City are (1) critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) unique and physically limited resources and proper management by the City is necessary to maximize their efficient use, so as to minimize the costs to the taxpayers of their uses, and to minimize the inconvenience and negative effects upon the public from the construction, placement and maintenance of facilities in the public rights-of-way; and (3) intended for public uses and must be managed and controlled in a manner that is consistent with that intent; and WHEREAS, the City wishes to prescribe such rules and regulations for use of the rights- of-way in the interest of the health, safety and welfare of the residents of the City; and WHEREAS, the City Commission has determined that a serious public emergency exists with respect to the imminent potential disruption of the City's water and sewer lines, as well as telephone and television cable lines, due to several entities' proposed installations of subsurface communication lines within the City public rights-of-way in the immediate future; and WHEREAS, a number of utility and communication lines have existed for many decades and have been installed over many years in the City of Dania Beach, which is the first incorporated municipality in Broward County; and WHEREAS, the potential excavations and installations pose a threat to pedestrian and vehicular traffic in the affected areas as well as possible disruption of the services provided by the various existing communication and utility lines; and ® 1 ORDINANCE NO. 2001-004 WHEREAS, unless the public rights-of-way are immediately regulated with reference to the placing and maintaining of conduits, cables and other similar facilities, a serious threat to the public health, safety and general welfare of the citizens of Dania Beach, Florida, may not be averted; . NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DANIA BEACH, FLORIDA: Section 1. That Chapter 22, entitled "Streets and Sidewalks" of the City Code of Ordinances, is amended to create Article IA, to read as follows: Article IA. City Rights-of-Way Use Permit Section 22-8. Purpose and Intent. The purpose and intent of this Article is to regulate the use and condition of the City rights-of-way; to provide standards, procedures and establish a fee for the permitting of the use of the City rights-of-way to preserve the function of each street and highway under City jurisdiction; to require a right-of-way use permit before any person may commence any activity within the City rights-of-way; and, to require a franchise or use agreement for all public or private utility use of City rights-of-way. Section 22-9. Definitions. As used in this Article, the following terms, unless otherwise indicated by the context, shall be defined as follows: Activity shall mean, but is not limited to, the installation or maintenance of any item, structure or facility within any portion of a City right-of-way. Applicant shall mean any person requesting a City right-of-way use permit or the grant of a franchise or right-of-way use agreement or both. Facility shall mean, but is not limited to, all structures, equipment and tangible assets; towers and structures, pipes, wires and appurtenances for the transmission and distribution of electrical energy, signals and any other methods of communication; items used for transmission of gas, steam, liquid fuels,_ water, sewer water, reclaimed water and for other privately or publicly owned and operated utility systems. Franchise or Rights-of-way Use Agreement shall mean a contractual agreement contemplated under the authority of Chapter 337, Florida Statutes between a public or private utility and the City or, as applicable, an effective registration pursuant to Chapter 202, Florida Statutes, setting forth the terms and conditions under which the City grants authority to install and maintain facilities in a City right-of-way. Person shall mean any individual, association, club, society, firm, partnership, corporation, entity of any kind or government agency. 2 ORDINANCE NO. 2001-004 Public or Private Utility shall mean any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, cable television, transportation, communication or other system by whomsoever owned and operated for public use, including but not limited to BellSouth, AT&T, Florida Power and Light Company, and their successors, affiliates, subsidiaries or assigns, and as otherwise defined in Section 876.37, Florida Statutes. Public Works Manual shall mean the current edition of the "Broward County Public Works Manual" or any successor manual so designated by the City Manager or designee. Rights-of-Way Permit shall mean the written permission of the City granted to an Applicant to enter within or upon the City rights-of-way to perform an activity authorized by the City. City Rights-of-Way shall mean land dedicated or deeded to (or land which is now used, or will be used by) the City as a road, street, alley, walkway, drainage facility, access for ingress and egress or for other public purposes, and other property for which the City is the authority that has jurisdiction and control and may lawfully grant access including those rights-of-ways within the City which by virtue of bilateral agreements between the City and any other governmental agency are subject to the jurisdiction and control of the City, including those state secondary roads for which maintenance has been assigned to and accepted by the City and as otherwise provided for in Section 335.0415, Florida Statutes, and includes the surface, the air space over the surface and the area below the surface. Until the City accepts ownership or responsibility • for the maintenance of a right-of-way, it shall not be considered part of the City rights-of-way for the purposes of this Article. Section 22-10. Permit Required. A City rights-of-way use permit shall be required for any activity within City rights-of-way as permitted by state statute. This includes, but is not limited to, any activity involving trenching, repair or installation of overhead and underground facilities and the constructing, installing or the maintaining of any structure of any kind in City rights-of-way. The Florida Department of Transportation may require a permit for the construction of access ways to, or construction within, the rights-of-way of any part of the state highway system as defined in Section 334.03, Florida Statutes. Section 22-11. Emergency Repairs. Any owner or operator of a public or private utility which is the holder of a franchise or rights-of-way use agreement with the City is authorized to perform emergency repairs to any of its facilities located in the City rights-of-way as may be required to maintain its service without having to first obtain a City rights-of-way use permit. However, the owner or operator of the public or private utility must obtain an after the fact City public rights-of-way use permit the next business day as contemplated by state statute. The owner or operator of the private or public utility shall be required to implement proper traffic safety measures while.the emergency repair activity is ongoing. Any emergency repair activity may continue to conclusion pending the issuance of an after the fact City rights-of-way use permit. 3 ORDINANCE NO. 2001-004 Section 22-12. Application Form. Any Applicant seeking to obtain a City rights-of-way use permit shall submit an application on a form approved by the City Manager or designee. By submission of its application form to the City the applicant acknowledges and affirms that it shall hold the City harmless for any interruption, obstruction or damage to the applicant's property or service resulting from the City's use of its rights-of-way. Section 22-13. Permit Application Review. The City Manager or designee is empowered to receive and review City rights-of-way use permit applications, collect fees and issue permits, require inspections by City staff or City contractors and set time limits for the completion of the permitted activities. Section 22-14. Permit Fees. A permit application fee of $50.00 is established, and the City Commission may by resolution amend the City rights-of-way use permit fee amount from time to time. When work for which a City rights-of-way use permit is required is commenced before obtaining the permit, a fee in the amount of seventy-five dollars ($75.00) will be imposed for each day that work was carried on without a permit. In addition, the applicable permit fee shall be doubled. The payment of any fee shall not relieve any person from fully complying with all of the requirements of the City Code. In the event a City rights-of-way use permit is denied, the public right-of-way must be restored to a condition acceptable to the City. The fee will be waived as required by law. Section 22-15. Insurance and Bonding. Unless the Applicant already maintains a • certificate of insurance on file with the City or the City Manager specifically waives the insurance requirement for good cause, no City rights-of-way use permit shall be effective for any purpose whatsoever until the Applicant or its designated representative delivers to the City Manager a Certificate of General Liability Insurance and Automobile Liability Insurance with combined single limits of liability of no less than Three Hundred Thousand Dollars ($300,000.00) for bodily injury and property damage coverage. The Certificate of Insurance shall name the City as an additional insured, shall be effective for all periods of work covered by the City rights-of-way use permit, and shall be in a form acceptable to the City Manager. A statement of insurance from a self-insured entity may be accepted as a substitute. Unless the Applicant already maintains a construction bond on file with the City, an executed rights-of-way bond, construction bond, or other form of surety acceptable to the City Manager may, at the discretion of the City Manager, be required to be posted with the City in an amount equal to One Hundred and Ten Percent (110%) of the estimated cost of restoring the right-of-way. The bond shall remain in effect for a period of not less than one year after final inspection of work by the City. The City Manager, in the exercise of reasonable discretion, may accept a letter guaranteeing performance of work which may be deemed acceptable in lieu of a bond. It shall be the duty of the Applicant to guarantee and maintain the site of the work activity free from defects arising out of the permitted work activity for one year after restoration of the City right-of-way to its original condition. 4 ORDINANCE NO. 2001-004 • Section 22-16. Applicant Responsibilities. (a) If any City right-of-way is damaged or impaired in any way because of any activity, the person responsible for the activity shall, at its own expense, restore the City right-of- way to the condition in which it-existed before such activity commenced or to the standards specified in any City right-of-way use permit issued under this Article. If the Applicant or person responsible fails to make such restoration within the time specified in the permit, the City may perform the restoration activity and charge the cost to the Applicant or person responsible. To secure payment from the Applicant or person responsible, the City is authorized to pursue all remedies available under law, including but not limited to the filing of a lien for the cost of the restoration activity against any real or personal property owned by the Applicant or person responsible. Thereafter, the City may foreclose or otherwise execute on the lien. Any lien filed pursuant to this subsection shall be co-equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and closings until paid and shall bear interest at a rate not to exceed the maximum allowable under law. (b) In the event any existing aerial or underground utilities must be relocated as part of any activity in the public right-of-way, the Applicant must notify and obtain written permission from the appropriate affected utilities for the proposed work. • (c) The Applicant shall make all necessary provisions for the accommodation and convenience of traffic and safety measures, including placing and display of caution signs and signals as required by the applicable provisions of the current edition of the Florida Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways. The Applicant shall further prevent obstructions or conditions which are or may become dangerous to the traveling public. The authority to temporarily close off a street or easement in its entirety rests solely with the City Commission . (d) The Applicant shall notify in writing both the City Police and Fire Departments before the physical closing of any street if such closure has been approved in advance by the City Commission. (e) All fire hydrants and fire lanes shall be left accessible at all times. (f) All work activity authorized under a City right-of-way use permit is subject to inspection and approval by the City. (g) Existing public and private utility service shall not be disrupted without specific authority of the concerned utility and advance public notification by posting, by newspaper advertisement, announcement by radio or other means approved by both the City and any affected utility or other entity, to provide sufficient notice to the affected citizens that service i 5 ORDINANCE NO. 2001-004 disruption will or may occur. Repair activity determined to be of an emergency nature shall not be subject to such notification procedure. (h) In the interest of the public health, safety and welfare, all applicants shall cooperate with each other and with the City in coordinating use of the City rights-of-way. Upon request of the City Manager or designee, an Applicant shall coordinate work under a permit with any other construction,installation or repairs that may be occurring or scheduled to occur in the subject rights-of-way and the construction schedules shall be altered as necessary so as to minimize disruptions and disturbances in and around the rights-of-way. (i) Prior to any excavation in rights-of-way for construction, installation, repair or maintenance, the Applicant must call before construction activity commences to locate any underground equipment in accordance with Chapter 556, Florida Statutes, as it may be amended from time to time. An Applicant 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 underground equipment. (j) Applicant shall install all facilities in such a manner as to ensure that the City will retain the ability to reasonably access, repair and maintain its own facilities in the right-of-way. (k) Applicant shall coordinate with the City on installation such that City plans for additional future infrastructure shall not be constrained by such installation. Section 22-16.1. Clean Up. As work activity progresses, City rights-of-way shall be kept clean of all rubbish, excess earth, rock and other debris resulting from such activity. All clean up shall be accomplished at the expense of the Applicant and shall be completed promptly to the satisfaction of the City. Section 22-16.2. City's Right to Restore the Public Rights-of-Way. If any person performs any activity in City rights-of-way without a permit, or if an Applicant fails to restore City rights-of-way upon the expiration of the time fixed by the City rights-of-way use permit or otherwise fails to complete the work activity covered by such permit, or fails to maintain the work site in a manner acceptable to the City, then the City, if it deems it appropriate, may maintain the work site, restore the City rights-of-way and complete the clean-up work. The Applicant shall be liable for the actual cost incurred by the City and an additional twenty-five percent (25%) of such cost for general overhead and administrative expenses. To secure payment from the Applicant, the City may pursue any appropriate legal remedy, including but not limited to, collecting on a bond or other surety on file with the City, or filing of a lien for the cost of the restoration activity against any real or personal property owned by the Applicant. Thereafter, the City may foreclose or otherwise execute on the lien. Any lien filed pursuant to this subsection shall also be co-equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and closings until paid and shall bear interest at a rate not to exceed the maximum rate allowed by law. The City may require off-street earth 6 ORDINANCE NO. 2001-004 storage, restrict street cuts during certain days, hours or times of the year, determine the size and the length of any pavement or road cut and restrict cuts on new pavement if warranted under the particular circumstances, in the public interest. Section 22-16.3. Civil Liability for Damages. Any person who may cause any damage to the City rights-of-way is liable to the City for the damage and is responsible to the City for the actual cost to repair the City rights-of-way. The City may recover the cost to repair the damage to the City-public rights-of-way by suit, including the recovery of reasonable attorneys' fees and costs. However, nothing contained in this Article shall prohibit the City from enforcing its ordinance by any other means including, but not limited to, a summons and a notice to appear in County Court, an arrest, a civil action for injunctive relief, a stop work order, foreclosure on a lien or demolition of unauthorized work. The enforcement procedures outlined in this article are cumulative to all others and shall not be deemed prerequisites to filing suit for the enforcement of any section of the City Code. Section 22-16.4. Removal or Relocation Upon Notice by the City Manger. Permission granted for any activity under this Article does not constitute and shall not be interpreted as permitting a permanent installation within any City rights-of-way. To the extent authorized by Section 337.403, Florida Statutes, any permitted or non-permitted facility or object within City rights-of-way shall be removed, relocated or reconstructed by the owner at its sole cost and expense if the City Manager or designee deems it to be in the public interest. The City Manager or designee will provide at least thirty (30) days written notice to the Applicant or owner of the facilities before the facilities or object must be removed or relocated. The Applicant or owner shall remove or relocate its facilities,within the time specified in the notice. The City Manager may grant, in the exercise of reasonable discretion, additional time to finalize the relocation of any permitted facility or object in rights-of-way. No notice shall be required for non-permitted facilities or objects within City rights-of-way and the City may remove such facilities or objects at any time. If the owner does not remove the facility or object within the required time, the City may cause the facility or object to be removed. The owner shall be liable for the actual cost of removal, as well as an additional twenty-five percent (25%) of such cost for general overhead and administrative expenses. Upon payment of the costs to the City, the City Manager or designee shall return to the owner or Applicant the facilities removed by the City pursuant to this provision. Section 22-16.5. Construction, Standards and Specifications. All construction, repairs and restoration activity within City rights-of-way shall conform to the technical standards and specifications as contained in the Broward County Public Works Manual. The holder of a permit is not authorized to open cut any roadway in the City unless it can be demonstrated to the City that directional bore installation is not available. Section 22-16.6. Franchise or Rights-of-Way Use Agreement Required. (a) The City shall not grant a permit to an Applicant to perform any activity in, on, under or above City rights-of-way without the Applicant first obtaining and maintaining a valid 7 ORDINANCE NO. 2001-004 franchise or rights-of-way use agreement, provided that a public or private utility that is a telecommunications company shall not, as set forth in Section 337.401, Florida Statutes, be required to obtain or maintain a franchise or rights-of-way use agreement and shall not be subject to this Section 22-16.6, but shall be required to register with the City as described in Section 337.401, Florida Statutes. Use of the City rights-of-way will be restricted to those uses specifically enumerated in the Applicant's franchise or rights-of-way use agreement. (1) If any person establishes that it is exempted from municipal franchising authority by the operation of state or federal law, such person must still comply with the building permit requirements established by the City Code, and shall be eligible for permits as required by the Code only if it has obtained from the City a valid rights-of-way use agreement. The procedures for obtaining a rights-of-way use agreement shall be those set out in the applicable Chapter of the City Code, or if no other applicable Chapter, then as otherwise prescribed and as set out in this Article, including the payment of any applicable fee (2) The City Commission may, by resolution, authorize the City Manager or designee to execute a letter of agreement exempting public and private utilities operating in the City on the effective date of the adoption of this Ordinance from the franchise or rights-of-way use agreement requirements of this Article for a period not longer than one (1) year from the effective date of this Ordinance. (b) Applications for a franchise or rights-of-way use agreement will be considered in • accordance with the procedures set forth in the applicable Chapter of the City Code, or if no other applicable Chapter, then as set out in this Article. For good cause, the City Commission may, by resolution, waive any requirement set forth in this Article, unless otherwise required by applicable law. (1) An application for a franchise or rights-of-way use agreement may be filed at any time. (2) The City may request additional information from any Applicant seeking a franchise or rights-of-way use agreement as is deemed necessary to process the application in accordance with this Article. (3) If not otherwise addressed by applicable law, including City Code, applications for a franchise or rights-of-way use agreement shall be submitted to the City Manager or designee and shall be accompanied by an application fee in an amount of One Hundred and Fifty Dollars ($150.00), provided however that such amount may be amended pursuant to Resolution from time to time. If the City incurs expenses exceeding the application fee to review the application, then the Applicant shall be responsible for payment of such additional expenses. (c) All applications must be submitted on a franchise or rights-of-way use agreement application form as approved by the City Manager or designee. 8 ORDINANCE NO. 2001-004 d The City Commission will consider each application for a new or renewed ( ) Y pP franchise or rights-of-way use agreement where the application is found to comply with the requirements of this Article. In evaluating an application, the City may consider factors which include but are not limited to the following: 1) The Applicant's past service record in the City and in other communities; 2) The nature of the proposed facilities and services; 3) The proposed area of service; 4) The proposed rates; 5) Whether the proposed service will adequately serve the public needs and the overall interest of the residents of the City; (6) Whether the Applicant has complied with the material terms of an existing franchise or rights-of-way use agreement and with applicable law. (7) The quality of the Applicant's service, responsiveness to consumer complaints and billing practices. • (8) Whether the Applicant has the financial, legal and technical abilities to provide the services, facilities and equipment as set forth in the application. . (9) Whether the Applicant's proposal is reasonably expected to meet the future needs and interests of the City. If the City determines that an Applicant's proposal, including the proposed service area, will serve the public interest, it may grant a franchise or rights-of-way use agreement to the Applicant subject to the terms and conditions as agreed upon between the Applicant and the City. No franchise or rights-of-way use agreement shall be deemed granted unless and until an agreement has been fully executed by all parties. A franchise or rights-of-way use agreement will constitute a contract, freely entered into, between the City and the Applicant. Any such franchise or rights-of-way use agreement must be approved by Ordinance or Resolution of the City Commission in accordance with applicable law. (e) The period of a franchise or rights-of-way use agreement shall be as specified in the agreement, but shall not exceed fifteen (15) years. If an Applicant seeks authority to operate in the City beyond the term of its franchise or rights-of-way use agreement, it must notify the City of such intent not earlier than thirty-six (36), nor later than thirty (30) months prior to the expiration of the existing franchise or rights-of-way use agreement. 9 ORDINANCE NO. 2001-004 (f) An Applicant, in consideration of the privilege granted under a franchise or rights-of-way use agreement for the use of the City rights-of-way, and the privilege to construct and operate in the City, shall pay to the City an amount set forth in the franchise or rights-of-way use agreement not to exceed the maximum allowed by law, during the term of the franchise or rights-of-way use agreement. (1) Unless otherwise specified in the franchise or rights-of-way use agreement, an Applicant shall file, not later than May 30 of each year, its financial statement for the preceding year. If the City reasonably determines, after examination of the financial statement provided, that a material underpayment of franchise fees may exist, the City may require an Applicant to submit a financial statement audited by an independent public accountant. If the City's determination of an underpayment is ultimately correct, the Applicant shall bear the cost of such audit. (2) The City shall have the right, upon reasonable notice, to inspect an Applicant's relevant records and to recompute any amounts determined to be payable under a franchise or rights-of-way use agreement entered into under this Article. (3) In the event that any franchise or rights-of-way use agreement payment is not received by the City on or before the applicable due date, interest shall be charged from such date at the maximum rate allowable by law. (4) Nothing in this Article shall limit the City's authority to tax an Applicant or to collect any fee or charge permitted by law, and no immunity from any such obligation shall attach to an Applicant by virtue of this Article. Section 22-16.7. Penalties for Violation. Any violation of any of the provisions of this Ordinance may be enforced as provided for in the City Code of Ordinances. Each day a violation continues shall be considered as a separate offense. In addition, the City is authorized to pursue all other lawful actions, including but not limited to, filing a complaint with the Florida Public Service Commission, advising it of any violation of City law, filing an injunction to enforce the terms of this Article, franchise agreement, or rights-of-way use agreement or seeking to enjoin the use of the rights-of-way, filing an action to enforce payment of just compensation, pursuing action before the appropriate City Board to impose daily fines or denial-of permits or development orders for other projects or use of rights-of-way. Such remedies shall be cumulative. Section 2. That except as amended above, all other provisions of Chapter 22 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. • 10 ORDINANCE NO. 2001-004 . Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first and second reading on January 9, 2001. APPROVED: AYOR-C6MMIS- ONER ATTEST: ROLL CALL: MAYOR McELYEA -YES VICE-MAYOR BERTINO -YES COMMISSIONER CALI -YES "SHERYL/CHAPMA,4 COMMISSIONER ETLING -YES ACTING CITY CLERK COMMISSIONER MIKES -YES • APPROVED AS TO FORM AND CORRECTNESS: THOMA�J. ANSBRO CITY ATTORNEY 11 ORDINANCE NO. 2001-004 CITY OF DANIA BEACH MEMORANDUM TO: MAYOR C.K. MCELYEA VICE MAYOR JOHN BERTINO COMMISSIONER BOB MIKES COMMISSIONER JOHN ETLING COMMISSIONER JIM CALI COPY: MIKE SMITH, City Manager FROM: THOMAS J. ANSBRO, City Attorney DATE: January 5, 2001 RE: PROPOSED EMERGENCY RIGHTS-OF-WAY USE PERMIT ORDINANCE Pursuant to a request received from Commissioner Mikes, attached you will find a copy of an ordinance that will add provisions to Chapter 22 of the City Code of Ordinances (which chapter is entitled "Streets and Sidewalks") to provide regulations for the use of rights-of-way by various utilities, cable providers, telecommunication companies and alike. A much more comprehensive ordinance governing "telecom" providers is currently being drafted by Mr. Resnick of my office and is approximately 75% completed. For present purposes, since there is a reasonable belief that a number of companies and other entities are intending to install both overhead and underground facilities in City rights-of-way within the immediate future, the proposed ordinance is intended as an interim measure as applied to "telecoms", and to be maintained in place pending adoption of the more comprehensive law. Pursuant to a provision in the City Charter, which is consistent with a provision in the Florida Statutes (F.S.166.041 (3)(b)), an "emergency" ordinance may be adopted without complying with the ordinary notice requirements upon a two-thirds vote of the governing body. The proposed ordinance contains recitals pertaining to the emergency nature of the ordinance. The following is a.summary of many of the provisions of the proposed ordinance: ® (1) A "purpose and intent" are provided, as well as definitions (Code Sections 22-8 and 22-9, respectively). (2) A "permit" will be required to be obtained before any activity can be undertaken within a City right-of-way. It must be recalled that the ordinance can only apply to those roadways over which the City has jurisdiction, whether they are local roads or whether, by virtue of any other jurisdictional control agreements with the State or County, jurisdiction has been vested in the City (Code Section 22-10). (3) Emergency repairs would be permitted; however, an "after the fact" right-of-way permit would have to be obtained to reflect the activity that was undertaken (Section 22-11). (4) An application form, a review process and a $50.00 permit application fee is proposed. If work is commenced without benefit of a permit, which work is of a non- emergency nature, a $75.00 per diem charge will be imposed for each day that work was carried out without a permit (Sections 22-12 to including 22-14). (5) A permit "Applicant" will have to demonstrate that a minimum of $300,000.00 in insurance (a combined single limit policy for bodily injury, death and property damage coverage, naming the City as "an additional insured") will be in effect for all periods covered by the permit. In addition, a construction bond or other similar bond in the amount of 110% of the estimated cost for the work activity would have to be posted to ensure that such work was done as proposed and completed (Code Section 22-15). (6) A number of "Applicant responsibilities" are imposed with respect to restoration of a right-of-way after a work activity has been completed and remedies for City enforcement are provided, including the ability to impose and foreclose upon a lien against any real or personal property owned by the Applicant responsible for the work. These "responsibilities" also include relocation of other lines affected by the proposed work (which will include City lines) accommodations for traffic safety, notice to both Police and Fire Departments, closure of a street only with advance City Commission approval for temporary periods, fire hydrant and fire lane accessibility to be maintained, notice to affected residents of possible service disruptions and coordination with all others whose facilities lie within the affected rights-of- way (Code Section 22-16) (7) Other provisions govern "clean up", the City's authority to restore a right-of-way by use of the posted bond, a statement of civil liability for damages sustained by the City and methods for recovery of same and removal or relocation of facilities to accommodate City needs as authorized by State law (F.S.337.403) (Sections 22-16.12 to and including 22-16.4). (8) Construction repairs and restoration.would have to conform to technical standards and specifications contained in the Broward County Public Works Manual. Additionally, no Applicant would be permitted to "open cut" a roadway unless it could demonstrate that the method known as "directional bore installation" was not available (Code Section 22-16.5). (9) Unless an Applicant is exempted from municipal franchising authority by the operation of state or federal law, such person would have to obtain a right-of way use agreement or franchise agreement, depending upon the type of facilities being installed. The ® Commission, if it chose to do so, could adopt a resolution authorizing the City Manager to exempt public and private utilities currently operating within the City on the effective date of the adoption of this emergency ordinance from such franchise or right-of-way use agreement requirement for a period not exceeding one year from the effective date of the ordinance. Again, it must be remembered that in a number of respects as applied to "telecoms" this is an interim measure and it is expected that the new comprehensive ordinance will be in place well before that time. Applications for such agreements would be accompanied by an application fee in the amount of $150.00 (not applicable to "telecoms") and, if the City incurred additional expenses exceeding that amount to review the application then the Applicant will be responsible for the payment of the additional expenses. The City Commission would then consider each application for a new or renewed agreement after evaluating factors that are listed in the ordinance. A number of other provisions governing such agreements are also included (Section 22-16.6). (10) Violation of any provision of the ordinance would be enforced as otherwise provided in the City Code of Ordinances, i.e., the City could issue a notice to appear in County Court, undertake an arrest if necessary, file a court action such as an injunction, and any other action that would be lawful under state and federal law. Pursuant to Commissioner Mikes's request, this is being presented to you at the Tuesday, January 9, 2001 City Commission Meeting for adoption.