HomeMy WebLinkAboutR-1998-024 RESOLUTION NO. 24-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
OPPOSING HOUSE BILL 3291, THE PROPOSED
TELECOMMUNICATIONS RIGHT-OF-WAY ACT; PROVIDING
AUTHORIZATION AND DIRECTION TO THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO
THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE
MEMBERS OF THE HOUSE UTILITIES AND
COMMUNICATIONS COMMITTEE, THE CITY COMMISSIONS
OF EACH CITY IN BROWARD COUNTY, THE FLORIDA
LEAGUE OF CITIES AND THE BROWARD COUNTY LEAGUE
OF CITIES; DIRECTING THE CITY MANAGER TO TAKE
j ACTIONS NECESSARY FOR THE DEFEAT OF HOUSE BILL
3291; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature, by House Bill 3291, may adopt the
"Telecommunications Right-of-Way Act" ("Act'); and
WHEREAS, the provisions of said Act would serve to usurp the local home rule
authority of municipal governments granted pursuant to Chapter 166, Florida Statutes;
and
WHEREAS, the proposed Act would allow telecommunications carriers to
excavate rights-of-way without notice to or permitting from affected local governments;
and
WHEREAS, the proposed Act would prohibit local governments from requiring
telecommunications providers to obtain a franchise to utilize public rights-of-way; and
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WHEREAS, the proposed Act could create a myriad of other issues for the State
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and for local governments involving restraint of trade and unfair competition and
commercial discrimination since the proposed Act applies only to telecommunications
carriers; and
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WHEREAS, the proposed Act would more than likely result in the adoption of
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similar or amended laws relating to electric utilities and cable companies; and
WHEREAS, the potential loss of revenue to local governments could be extreme
and would result in the raising of ad valorem taxes in order to counteract the shortfall
and to maintain necessary public services; and
WHEREAS, deregulation of the telecommunications industry has resulted in a
multitude of providers seeking to enter the public rights-of-way to provide services,
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making determinations of responsibility for damages, disruptions and restoration a
difficult task; and
WHEREAS, the passage of this proposed Act would remove the legal ability of
local governments to regulate uses of their rights-of-way and could limit their ability to
raise funds necessary to meet those obligations, even though local governments are
responsible for protecting and promoting the health, safety and welfare of the general
public;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Section 2. That the City Commission of the City of Dania, Florida, hereby
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declares its strong opposition to the adoption of House Bill 3291 and the
Telecommunications Right-of-Way Act in its present form and respectfully requests the
assistance of its representatives, in support of Home Rule authority, to defeat this
proposed measure.
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j 1 Section 3. That the City Clerk is hereby directed to forward certified copies of
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this Resolution to the members of the Broward County Legislative Delegation, the
members of the House Utilities and Communications Committee, the City Commissions
of each municipality in Broward County, the Broward County League of Cities and the
Florida League of Cities.
!, Section 4. That the city manager is hereby directed to take actions necessary to
j defeat House Bill 3291.
Section 5. That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
Section 6. That if any clause, section, other part or application of this resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
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application, it shall not affect the validity of the remaining portions or applications of this
resolution.
Section 7. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on this 24 day of February 1998.
ATTEST: MAYOR - POMMISSIONER
CITY CLERK
APPROVED FOR FORM AND CORRECTNESS
BY: (T /(NV
CITY AjrTrlb
3 RESOLUTION NO. 24-98
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