HomeMy WebLinkAboutR-1996-078"r
RESOLUTION NO.78.96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE TELECOMMUNICATIONS GROUP
INTERLOCAL AGREEMENT WITH VARIOUS BROWARD
GOVERNMENTAL AGENCIES TO DEVELOP
APPROPRIATE LEGISLATION IN RESPONSE TO THE
FEDERAL TELECOMMUNICATIONS ACT OF 1996; AND
PROVIDING FOR AN EFFECTIVE DATE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the City Commission of the City of Dania, Florida, hereby
approves the Telecommunications Group lnterlocal Agreement with various Broward
Governmental Agencies to develop appropriate legislation in response to the Federal
Telecommunications Act of 1996, a copy of which is attached hereto and made a part
hereof as Exhibit "A", and the appropriate city officials are hereby directed to execute
same.
Section 2. That this resolution be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED this 27th day of
CITY CLE AUDITOR
MAYOR - COM SIONER
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ATTEST
APPR D RFO D CORRECTNESS
BY:
,+', llfy fi kA l-
RESOLUTION NO. 78-96
TEIJECOUUI'NICATIONA GROI'P IIIEERIOqAIJ AGREEUE!flT
rHIS INTERI0CAL AGREEI.{ENT, (hereinafter rrAgreementrr ) datedthis _ day of , 7996, is made by and aDong theparticipating nunicipalities of Broward county, Fforida,(hereinafter rrTeleconmunications Grouprr ) listed on Exhibit trAtr
attached hereto and by this reference made a part hereof.
IIHERE;AS, the Teleconmunications Group desires to enter intothis Agreenent to share the costs associated with employing a
consultant to draft model cable/teleconnunications legislation andadvise the croup on the applications, functions, and inplicationsof the Telecommunications Act of f996 (rActr) and Federal
Cornmunications Commission regrulations i and
WHEREAS, the teleconmunications industry is currentlyundergoing trenendous growth and the Teleconmunicationa Groupdesires that their loca1 ordinances be consistent with theprovisions of the Act in aI1 areas, including but not finited to
rniniroum standards for wireless conrnunication, telephone services,cable services and open video systens, and the location and
approval of connunications antennas and towers and other facilitiesrelatingr thereto rhich are consistent with the Act; and
WHEREAS, on or about August L, 1996 and thereafter, theFederal Cornrnunications Comrnission promulgated voluminousregulations and standards relating to teLecommunications, includingbut not linited to telephone, cable, wireless cornmunicationservices and open video systens i and
wHERxAs, other municipalities of Broward county nust confrontthe same task of reviewing and studying the Act and regulations of
Federal Comnunication Comtnission, to ensure that IocaI ordinances
are consistent with the requirernents of the Act; and
IN CONSfDERATION of the mutual covenants, pronises, terns and
conditions set forth herein, the Teleconmunications Group hereby
agrees as follows:
ARTTCLE 1
PTIRPOSE AND TNTENT AND DEFINITIONS
1.1 The above recitals are true and correct and are incorporated
herein as if set forth in ful1 hereunder.
L.2 It is the purpose and intent of this Agreement for the
Teleconmunications GrouP to obtain a consultant irho 6hal1prepare model cable/teleconnunications legislation in
iccordance with the terns and provision of the Act and the
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regulations of the Federal Comunicatlone. Coumisslon andadvise the Teleconmunlcations croup of the appllcations,irnplications, and functions of such laws and regulatlone.
3 ft the purpose and intent of this Agreenent to protect theproperty rights of local gtovernments related to access andongolng use by teleconmunlcations providers of publlc rlghtsof uay of the TeleconmunicatLons Group pursuant to all porrera
and purposes authorized by law.
L.4 It is the purpose and intent of this Agreement that each ofthe members of the Telecoumunications Group participate, makepayments, and cooperate in advanclng the goals of theTeleconrnunications Group.
ARTICLE 2
PARTIES TO rHE AGREEIIIENT
1 The TeLeconmunications croup shall consist of thosenunicipalities described in Exhibit irA, tr for the purposes ofestablishing the TeLeconmunlcatl.ons Group and this Agreenent.Thereafter, the Teleconmunications Group sha1l consist of anyadditional nunicipalities desiring to become a party to thisAgreement, listed fron tine to time on a certified, dated
copy of Exhibit rA,rr revised in accordance with the provlsionsof Section 2.2.
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2.2 Any Broward county nunicipality nay becone
Telecornmunications Group upon Eatisfactionfollouing requi.renents :
2.2.7
2.2.2
2.3
a menberof each
of theof the
On or before Septenber 13, 1996, the governing body ofthe rnunicipality approves a resolution authorizingparticipation and files a certified copy of thatresolution with John Kelly of the City of coconut Creek,
and nakes contribution palment of $7,5oo.oo to the budgetof the Group.
A designated neDber of the Teleconmunicatlons Groupshall execute an amended Exhibit rrArr to the Agreementcontaining the narnes of the Telecoununications Group, tolnclude the nerrly added nuniclpality, and dlstribute anoriginally signed and dated copy of the anended ExhibitrAr to each meDber of the Teleconmunicatlons GrouP.
An entity, other than a Broward county nunicipality rnay
become a meuber of the Telecoununications Group, upon
naj ority vote of the croup menbers and execution ofappropriate amendment to this Agreement.
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ARTICLE 3
ADUTNTSTRATION AND FT'NDING OF GROUP'S ACTIVITTES
3.1 Each party to this Agreement shall desigmate a representativeand an alternate uho ahalL attend Teleconnunicatlons Groupreetl,ngE and serve aE the contact person for his,/bernunicipality. A list of the contact peraon for each of theTelecoDnunl,cations croup CLties is attached hereto and nade apart ttereof as Exhibit nBt!.
The City of Coconut Creek sha1l be responsible for theadnlnistration of this Agreenent, Lncludlng but not linlted todisbursing infornation received relative to telecomnunicationmatters affectlng the Teleconmunicatlons croup.
Ehe City of Coconut Creek shall be responsible for billingthe Telecornmunications croup and rnaintaining records ofpaynent. Upon completion of the term of this Agreement, theCity of Coconut Creek Ehal1 provide a].l TelecornmunicatLonscroup Clties an accounting for any and all funds expended fronthe Telecommunications croup I s budget.
The TelecoDmunicatlons Group sha1l have an lnitlal budget of537,500. The budget nay be lncreased as needed if suchincrease ls approved by a najority of the meDbers ofTelecormunications Group. The scope of the expenses of thebudget shall include, but not be tinited to, the enploynent ofa consultant to draft model cable\telecommunicatlonslegislation relative to cable, wireless coromunications, and
open video Eystels, and adviEe the Teleconnunications Group ofthe applications, inplications, and functions of the Act andfederal telecornrounications regulations. Expenditures of the
Teleconnunications croup must be pre-approved by a rajority ofthe TeleconmunLcations croup which are a party to thlsAgreenent.
Uenbers of the Teleconmunicatlon croup shall nake tiloelypalaents to the City of Coconut Creek prior to the
coumencement of the term of this Agreenent.
Each city shall contribute equally to the Teleconmunicationscroupts budget, in an amount of $7r5OO. Upon fulfillment oftbe lntent and purpose of this Agreeuent and after all legalobligations, including the paynent to Consultant, have beensatisfied, if any' money reroains in the budget, it Ehall bereinbursed equally to the menbers of the Teleconmunications
Group.
ARTICLE 4
TERU AND TERIIIINATION
3.2
3.3
3.4
3.5
3.6
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4.2 A party to this Agreement may not unilaterally terminate theAgreement.
4 3 Any uenber of the lleleconnunications croup nay withdrav,30 daya uritten notice, without reimburgement ofcontribution.
uponite
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4.4 The TelecoumunicationE croup may be dissolved by a uaj orltyconsent of the T€IecorirnunLcations Group. Upon dissolution,after alI lega1 obligation of the Telecommunlcatione Grouphave been met and satisfied, the balance shall be distributedproportionaUy to the menbers of the Teleconmunications Groupwhich nade monetary contributions. llhe dissolution of theTelecoronunications Group shall automatLcally teruS.nate this
Aqreement.
ARTTCLE 5
}IISCEII,ANEOUS
1 This Agreement incorporates, supersedes and includes aII priornegotiations, correspondence, conversations, agreeDents orunderstandings applicable to the natter contained herein.
5.2 lIhenever a party desires to glve notlce to another, auchnotLce must be in vriting and a copy of saue shall be sent toJohn KeIIy wlth the clty of Coconut Creek so that aJ-J. recordsof the actlvlties of the Teleconmunicatlons Group may bepreserved and uaintained in one locale.
5.3 Action of the TelecoDr0unications Group, lncludlng an anendDentto this Agreenent and an increase the Teleconmunications
croups I budget, ahall be taken by a najority vote of the
Teleconmunications Group in favor of such action, uherein eachCity shall have one vote.
5.4 If any Bectlon or provision of this AgreeDent shall be foundinvalid, that provision shall be aeverable and the balance ofthe Agreenent shall renaLn in full force and effect.
5 Thi6 Agreement sha1l be governed by the laws of Browardcounty, Florida.
5.5 This Agreeroent sha1l becoue effective upon approval by the
governing bodies of the Telecoumunications Group and executionby their authorized officers. The Agreenent nay be executedin counterparts.
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lfhis Agreeuent Ehall Comence on August L, L996, and Ehall beeffective until the purposes and groals of thia Agreement areaccomplished.
IN wITNEss WIIEREoF, the parties have nade this Agreenent oN
the respective dates under each signature:
city witnesses:city ot
ATTEST:
city uanaqer
City clerk _ day of 1995.
APPROVED AS TO FORM:
city Attorney
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Mayor
_ day of _, L996.
Bv
EXHIBTT rAri
PARTICIPATING I,IT,NICTPALITY
cIrY oP cocottu[ cnEBx
CITI OE CORAIJ APRIIIGA
rOMT OT DIYIE
CIIIY OP TTIRII(IR
CIIY OE EEITBROXE PINES
DATE OF ENTRY TNTO AGREE}IENT
Collectively referred to as the rrTeleconmunications GrouprlrrGroup. rr
or
EXI{IBIT rtBll
TEI,ECOUUI'NTCATIONA GROI'P
city
coconut creek
coral springs
Davie
I,[iraDar
Penbroke Pines
Citv
coconut Creek
Coral Springs
Davie
Uiramar
Penbroke Pines
contact Person
John KeIIy
chuck Schawbe
Bob Flatley
Rob Frank
PauI wattles
Citv Attornev
Paul Stuart
Steven L. JosiasKerry L. Ezrol
Barry webber
Richard Vf,eiss
steven L. JosiasKerry L. Ezrol
Telephone No.
97 3-57 20
344-1008
797 -LO35
967 -L655
435-6506
Fax No.
973-6777
344-1O43
797-206L
957 -t656
437-LL49
Telephone No.
7 64-7 67 6
77 L-4500
Fax No.
763-4856
77L-4923
587-3058
(30s) 854-0800
77L-4500
587-L770
a54-2323
77L-4923
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CITY OF COCONUT CREEK
CTTY MANAGER'S OTFICE
4SOOWEST COPANS ROAD
POST OFFICE BOX93/AOO7
COCONUT CREEK, FLORIDA
33093-4007
TO All Broward County Municipalities
City Managers
The Broward County School Board
Broward County Administration
FROM: John P. Kelly, City Manager
DATE: August 16, 1996
The significance and impact of the Telecommunications Act of 1996 on all of our communities
cannot be over emphasized. No city can stand alone on this vital issue. The industry giants have
already spent millions of dollars on lobbyist that virtually wrote the laws and has paid more than
nine (9) billion dollars to the FCC simply for the licenses to do business in our community. The
battle for our R.O.W., public lands and tower sitings is just beginning. There has been a variety of
responses from several cities in, and including, Broward County (i.e. temporary ordinances and
panial and full moratoria on tower sitings, cable franchisizing, telecommunications).
The most successful strategies have been developed in sophisticated parts ofthe country thar have
recognized the wisdom of working together to provide a degree of uniformity in their respective
ordinances. From a planning, legal and financial perspective, it simply makes good sense.
As you probably know, five cities (and more recently Broward County) were rhe first to receive
cable franchise proposals from BellSouth. The company is BellSouth Interactive Media Services
(BIMS) which includes BellSouth, Ameritech, GTE Corporation, SBC Communications (formerly
Southwestern Bell and The Walt Disney Company.
Their obvious game plan is to establish a strategic base in Broward County by cherry-picking some
growth cities from which they have a more realistic chance to get some immediate revenues. The
cities are Coconut creek, coral Springs, Davie, Miramar and pembroke pines. Faced by this
urgency, these five cities are entering into an Interlocal Agreement to share the services of a
consultant, Mr. Joe Van Eaton, an attorney with Miller-Canfield (he was a featured speaker at the
Florida League of Cities Conference) who will work with us to prepare appropriate legislation
(ordinances) relative to cable, wireless, open video systems, tower sitings, et al. That contract
agreement will be a separate document from this Interlocal Agreement. In anticipation ofthe
PHONE(305)9734720 . FAX (3O5)973-6777
Page2
contract,heisalreadyworkingonthedocumentsweneed.Hisagreeduponcostfor^theordinances
is capped at $20,000. H" h*:;;;;Ji" n'"'91 the five citiJs with iate studies for $2'000 per
city. We are not that n"1,. tJ tNif tt'at one model ordinance can cover all-the.,1l:':it situations
in our communities. Each "f ,r;;;;;;r,"u" rig,in."* input intp our respective nleds analyses:
ROW inventory una,arurior,. S;o;.pti.a pf-r ria grids, iniemal and extemal governmental needs
(mutual aid, schools, EOC' public. access programmlng' governmental override systems)' The
imponant thing is that *a nttd to share whatever expertise we have and work together'
The attached Interlocal Agreement and Resolution offers all cities and all governmental entities an
opponunity to join with t, -Wt
G nte cities) can't wait We need to get the ball rolling We
stronglyurgeyoutoJolnwtnus.wehadtosetadeadlineofseptember3,lgg6inordertogetthe
oreanizational effon behind rr. ii. r.qri*d contribution is $7,500 per city The costs will be
or-orated and the balance *1il. r.tu..a to you. obviously if we kniw that,twenty cities would
ffiiffi#J:ffiil; f;;;;;dil".s would only be $i,ooo but we don't so to be rair to the
original parties, everyone 'titing u'tta for the same initial level ofcontribution'
Please call if you need further information
SincerelY,
\/nr
Auachment(s)
z-> i ,/.t:r- /;/(
I JO-I{N P. KELLY //'Gty Manager /-t L-/
1 RESOI,UTION NO.
A RESOLUTIOII OF TIIE CITY CoUNCTL OF THE CITY OF WILI',ON
I.IANORS, FI'RIDA, AI]:THORTZING PARTICIPATTON IN THE
TELECOUMT'NICATIONS GROUP COIPRISED OF BROWARD COT'NTY
UT'NICIPALTTIES DESIRING TO SHARE THE COSTS FOR EUPI'YINGA CONSULTAIflT TO DRAFT UODEL CABLE/TELECOI{UT'NICATTONS
IJEGISI'ATION CONSISTENT WITH TEE TELECOI,IMT'NICATIONS AqT OF
1996 ('t1g'3rt) r AUmIORIZING PARrICfPATION Iil TIIE fNEERITCAL
AGREE!,TENT BETWEEN I{T'NICTPAIJITTES OT BROWARD . COT'NTY
FOR}TTNG THE TEI,ECOI|TMT,NICATIONS GROUP, AIITHORIZING TIIE
EXPENDITT'RE OF IIOI{EY TO FT'ND THE E!,IPI6YUENT OF
CONSULTN{TS WITH EXPERTISE IN THE ACT, PROVTDING FOR
CONFLICAS, PROVIDING FOR SEVERABILITY, AND PROVTDTNG FOR
AN EFFECTIVE DATE.
WHEREAS, the Teleconmunications Act of L996, hereinafter
referred to as the riActrt, was slgned into law on February 8, 1996
by the federal grovernment; and
I{HEREAS, Section 704 of the Act relating to facilities siting,
preserves the authority of state and local government over
decisions regarding the placement, construction, and nodification
of personal wireless service facilities; and
9IHEREAS, the Act further provides that a state or local
government shall act on any request for authorization to place,
construct, or nodify personal wireless service facilities within a
reasonable period of tine after the request is filed with the
governnent; and
WHEREAS, the telecomrnunications industry is currently
undergoing trernendous grogth and the city council desires to ensure
nunicipal regulations are consistent with the provisions of the Act
in aII areas, including but not linited to niniuum standards for
wireless connunica.tion, telephone services, cable services and open
video systems, and the location and approval connunications
antennas and towers and other facilities relating thereto wtrich are
consistent with the Act; and
I{HEREAS, on or about August L, 1995, and thereafter, the
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Federal Conmunications Coonission promulgated voluninous
regulations and standards relating to teleconmunlcatlons, lncluding
but not linited to telephone, cable, wireless coumunlcation
Eervices and open video systems i and
yIIEREAS, other municipalities of Browarat County Dust confront
the aame task of reviewing and atudying the Act and the Federal
Conmunication Council ruleB, to ensure that local ordj.nances are
consistent rrith the requirenents of the Act, and enact local
regulations consistent with the federal laws and regulations;
and
WHEREAS, it is in the best lnterests of the citizens of the
clty of wilton Manors to Join together rrith other nunicipalltles ln
the county and become part of the Telecommunications GrouP,
hereinafter referred to as the rtcrouprt to share the costs of hiring
consultants to prepare model telecommunicatlons legislatlon and
advise the city of the applications and function of the Act, and
WHEREAS, the city, as a party to the Agrreement, Ehould become
a party to the Interlocal Agreenent, hereinafter referred to as
rrAgreementrr with other nunicipalities in the County, for the
purposes of sharing the cost associated with the enplolment of a
consultant i and
WHEREAS, the City, as a party to the Agreernent, EhouLd expend
an amount of $7r5oo to fund the expenaea of the Group in obtaining
the services of a consultant to prepare a nodel ordinance based on
the Act and federal regulatlons;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI'NCIL OF THE CITY
OF WILTON I,IANORS, FI.ORIDA, THAT:
Section 1. The foregoing trvIIIERE AS rr clauses are true and
correct and hereby ratified and confirned by the City Council.
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1 Section 2. The City Council of the City of tlilton Uanors,
Florida, hereby authorizes that the city join other nunicipalities
of Broward county in organizing the Group in order to establish a
fonnal association interested in seeking funding to enploy a
consultant to draft model teleconmunications leqislatlon consistent
rrith the Act and subsequent federal regulations and to advise the
Group with regards to the application, functions, and effects of
the Act and regiulations.
section 3. The city Council of the City of Wilton llanors,
Florida, hereby authorizes that the city enter into an Interlocal
Agreement with other nunicipalities in the Group, which shall
remain in effect until the goals and obj ectives of the Group are
satisfied.
Section 4. The city Council of the city of l{ilton Manors,
hereby authorizes the expenditures of S7,500.00 to fund the
expenses of the Group.
section 5. AII resolutions or parts of resolutions in
conflict herewith are hereby rePealed to the extent of Euch
conflict.
Section 6. If any clause, section, other part or
application of this Resolution is held by any court of conpetent
jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the renaining
portions or applieations of this Resolution.
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1 Section 7. This Resolution shall
iihnediately upon lts passage and adoption.
ATTEST:
ANGEI,A SCOTT,
CITY CI,ERK
Proposed by connission
I HEREBY CERTIFY thAt I
have approved the formof thls Resolution.
become effectlve
CITY COI'NCIL OF MIE CITY OF WILTON
, L996.
CITY OF WILTON }IANORE!, FI'RIDA
By
KING I{ILKINSOI,I,TAYOR
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PASSED AND
tilANoRs, THIS
ADOPTED BY THE
DAY OF
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KERRY L. EZROL,
CITY ATTORNEY
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