Ordinance 01-1576ORDINANCE NO. 01-I Safi
AN ORDINANCE OF THE CITY OF LONGWOOD. FLORIDA,
RELATING TO COMMUNICATIONS FACILITIES M Pl:BLIC
RIGIiTS-0F-WAY: FROVIDING FOR TITLE: PROVIDING FOR
INTENT AND PURPOSE: PROVIDING FOR DEFMITIONS;
PROVIDING FOR REGISTRATION FOR PLACING OR
MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC
RIGHTS-OF-WAY: PROVIDING FOR NOTICE OF TRANSFER,
SALE OR ASSIGNMF,NT OF ASSETS M PUBLIC RIGHTS-0F~
WAY; PROVIDING F012 PLACEMENT OR MAMTENANCE OF
A COMMUNICA'[IONS FACII.ITV IN PUDLIC RfGHTS-OF-
WAY; PROVIDMG FOR SUSPENSION OF PERMITS;
PROVIDING FOR APPEALS; PROVIDMG FOR MVOLtJNTARV
TERMMATION OF REGISTRATION; PROVIDING FOR
FXISTMG COMMUNICATIONS FACILITIES IN PUDLIC
RIGHTS-0F-WAY; PROVIDING FOR MSURANCE~. PROVIDING
FOR WUEMNIFICATION: PROVIDING FOR CONSTRUCTION
BO\D; PROVIDNG FOR SECURITY FUND: PROVIDING FOR
ENFORCEMENT REMEDIES; PROVIDING FOR
ADANDONMEN'i OF A COMMUNICATIONS FACILITY:
PROVIDING FOR FORCE MAIFURE; PROVIDNG FOR
RF.SEAVATION OF R[GIiTS AND REMEDIES: PROVIDING FOR
SEVERABILITY; PROVIDING AN BFFECTIV E DATE
N'HERIiaS, effec~ive Januazy I, 2001, Section 33'1.40L Florida Sraw~es (?Ow). is
emendod to stare teal bemuse federal end sure Iaw require the mndiscriminarory veaunen~ of
providers of ~elecommunicarions serv~eos and because of the desire io promote wmperinon
a ong Provides of Ielewmmunimtlws serve is she intear of the Legislature Iha~
mu icipaliries and counties treat Ielecomnrunim~ions companies ~n a nondiscr;minarory and
coinpeti~ively neuval mavner when imposing ivies or regulnlions governing the plncemcn~ or
mem~enanve of telewminnnications facilities in she public roads or rigS~sof--way. Rules or
regula~ioiv imposed by a mu icipaliry or wanly relating ~o ~elewmmunicaiions companies
placing o mdinmrning lelecommuniwtions faeililies in its made of Ughmbl-way most be
¢ orally applicable w alI ~elewmmunicarions companies enrL notwitba~avding any other Iaty.
OMinance No. 01-15 ]6/Page2
~ may not require a telewmmunieetions company ro apply for or enter into an individual lieense-
Ganchise, or other agreement with the municipality or county as a condition o[ placing or
mauttm Ling telecommuniearions foci Mies in its roads or rights-o[-rvay_ and
ax'HS RF.AS, eff rive October I, 2001, Section 331.401, yloridv Statutes (20001. is
fitnhu amended to state thvr because of dte unique nrcumsrances apple rabic to providers of
eommunieauons smvices and the fact that federal vnd state law require the nondiscriminatory
lreannent of providers of telecommunications aen ices. end because of the desire to promote
eomDntinon an ong Vrovidets of wmmm~tcahons srar Ices, it is the imm~t of Ne Legislature that
mu icipalities and wunries !rear providers of communications services iv a nondiscriminatory
and competitively neutral manner wben imposivg rules or rogulations governing the placement
or maintenance oC communications facilities in the public roads or rights-of-w-ny. Rules or
~ reguhttions imposed by v mmtioipeliry or county relating to providers of communications
sea Ices placing or maintvining communications facilities in ite roads o rights-of-wvy roan bn
o ervlly applieeble to ell providers of communications services end, nohvithstanding any other
law. may not rcquir a provider of eommumeehons sen Ices, except vs othonvise provided Cor
pro~idets o(evble sea iw. to apPIY for or enter into av individual license franchise- or other
agrocment with !hc my icipeliry of winty ac a condition of placing of mamtai Ling
wmmumcanons facilities in its roads or rightsof-way, and
~vHEREAS, it is the intent of the City of Longwood to exercise its authority o~~er
commmncauons serve es providers' placement and maimennnva of faeilitins in the public rights-
of-way: and
Ordinance No. 01-15'16/Page 3
~"' \~'HF.REAS, it ie the City oC Longwood`s intent to treat each communications sarvices
provider to a nondisenmtnatory end competitively neutral mnnncrz to exerusing such authority
and
~t'IIF.RBAS, the public righlsof-u^ay su61ec1 to the juiisdiclion and control of the Cily
of Longwood_ (I) are critical to the travel of persons and Ue transport of goods and othzr
mngibles in the business and social life oC the community by all eitizenz (21 are a unique and
physically limited resource and proper management by the Ciry of Longwood is necessary to
maanntze elrciency. mtnimir.e the waE to the taxpayers oCthe foregoing uses, and to minimize
the tncomurtence to and negati e effects upon the public from such facilities' plaee+nent and
maintenance to the public rights-oF-way; and (3) are intended for public uses and man be
mv.tnged end oontrolled consistently with that intent; and
tt'HEREAS it is the intent of 4he City of Longwood to exercise ns authority to adopt
reasonable ntles and mgulmiotts to the Fullest erwnt allowed by Federal and Slate law: and
lt'NEREAS, it is the invent of the Gty e! Longwood that this Ordinance shell nor apply
to cable sen iceproviderz
.~'O\\-, TM~:ftEFORF„ BF, IT ORDAINED BY THE CITY OP LO\'G\t OOU,
FLORIDA AS FOLIA\VS:
Section 1-Title
This Ordinmrce shall be known and may be cited as the Longwood Communications
ftightsof--Way Oedinenen.
Secf' ~ -Intent antl Purpose
h is the intent o[the City oC LOngtvood ro promote the public health-safety and genoml
wnI(nre by'. providing for the placement or maintenance of Communications Facilities in the
Ordinance No. 01-IS Jfi/Page4
~ Public Righlsof-Way within the Cily o[Longwood; adopting and aAminisloring reasonable rules
end regulations not inconsislean svinr Stale and Federal law, including Section 337 401, Florida
Statutes 20011). as it may bo emended nc~ City of Longwood-s home-rule authority. vnd in
accordance with me provisions of the Federal Telewmmunications Acl of t99fi and other
Federal end State law, establishing reasonable rules end reguletione necessary to m rage me
placement or mmntenanee of Communications Facilities in the Public Righlsof-Way by all
Commumceltons Services Providers. and :mnnntzing disruption mthe Public Rights-of Way In
regulating its Public Righlsof-Way, the City of Longwood shall be goremed by and shall
comply with all applicable Federal and Statelasvs-
Section 3 - Defivifions
For purposes of Ibis Ordinnna. the following temra, Phrases. words and their derivations
~ shall ha.e the meanings given. Where not invonsiatent wish the wmext. swords used in the
present sense Include the (inure tense, words in the plural nrmrber tnelude the sivgular numher_
end words in the singular numher include me plural number. The worms "shall" and "will" are
mandatary, and "may" is pennustve. Words not othenrtan detinod shall be conrnved to mean
the wmmon and ordinary meatting_
I. "Abandonment shell moue the permanent ceasauon of all uses o[ a
commnnmadnna Faeaix provided mat ntia tam, anon not inanae nezsatint, nr all non nr a
Fecinry svirhin e physical structure where the physievlsweture continues to be used By s.-ay of
example, vnd not limitation. cessation of all use of a cable svi min a conduit- where the conduit
continues to be rued. ahall not be "Abandonment" of a Facility in Public RighluC-W ey.
__ `City shell mean the Ciry of Lo ~w+oosi Floridv.
Ordinance No. OI-I5]b/Page 5
3. "Convnunications Services" shall mean the transmission. conveyance or routing
of voice. data. audio. video. or any other information o signals to a point. or betmveen or among
points. by or through any eleetironic. radio, mtollite. cable. optical. microwvve_ or other medium
or ntcthod not. to existence or hereafter devised. regardless of dme protocol used for such
tramm~ssion or eni veyance. Notwithstanding the foregoing, for purposes of this Ordinance
'cable service". as defved in Secdon 20211(2). Florida Statutes (2000). as it may be amended
is not tnvluded in tiro definition of"COnvnumcations San ices, and cable su+tce providers may
be mibjeu to other ordinances of Me Cisy of Longwood.
1 "Communications Services Provider" shall mean any Person including v
mu icipality or county Droviding Comntuntcahons Services through the placement or
matmenavice ofa Communicatiotu Fvciliry in Public Rights-of-Way. "Communications Services
~ Providu" shall also include any Person including a mnnieipality or county that places or
mmmams a fummunicetions [ ciliry in Public Rights~oC-Wvy but does n t provide
Commumwnotu Servtaes.
5. "COmmunications Cecility" or "Fvcility" or "System' shall mean any permanent
or temporary plash. equipment and Progeny, inclnding but not limited to cables. wtrcs, conduits.
ducts. fiber optics. poles. antennae, wnverters, eylice bon~cs, cabinets, hand holeu manholes
u cults, drains, mrthce location markers. appurtenances, and other equipment or pathway plvcod
or mmntained or to be placed or maintained in the Public Rights-of--Way of the City of
Longwood and used or evpebla of being useA to nansmn. convey. route. receive. disaibme.
provide or offer Communioat'ionu Sarvicess,
6. "FCC"shell mean the Federul Communications Commission.
Ordinance rvo. 01-159NPage s
~ ~. "bt Public Rightsb(Way" or "in the Public Righlsof-Way" shell mean in. on.
os er, under or ecrosa tiro Public Rights-of-Way.
8. "Ordinance" shall mean dria Ordinanw.
9. "Person" shall inc hide vny individual. childrea frm. uuocienon. joint venture,
partnership. elate. wst business hus, syndicate, fdvciery. corporation. organ zeuon or Icgel
ei lily of any kin4 successor, assignee, transfree, personal iepresenlalive. and all other Kroups
or combirte[ions, and shall include the Cily of Longwood to the enteru the City acts as a
Cemmunications Services Provider.
10. "Place or maintain or "pinwneut or maintenance" or "placing or maintaining"
shall mean to erect construct nutall, maintain, place. repair- extend expand. remote o copy.
locate or relocate. ACommuvications Services Provider drat owns or exercises physical convol
~. over Communtcattons Fncilitiea in Public Rlghtsof-Wuy_ such as tha physical aantrol to
maintem wd repair. is "placing or maintaining"the Fveil dies. A Person providing service only
through resale or only through use ofathird party's unbundled network elcnrents is not "placing
or matntetning" the Communications Facilities through which such service is provided. 'Che
transnnsston and receipt of radio hequetrey signals through the airspace oCthe Public Rights-o[-
Way does oar consti mte "placing or meimeiniog" Facilities in the Public Righ~abf-W ay_
I I. "Public Righlsof-Way" shall mew a public rightot-way, public utility easement
It ighwvy. local. bridge, tunnel or alley for which the City oClangwood is the authority brat has
jurisdiction end wntrol and may lawfully grant access to pursuant to applicable larv. and
includes the surface. the air space over the surface and the area below the surface "Public
Righlsof--Way" shall not include private pmpenv. "Public l2ightsof--Way" shall not include any
~, real or personal City property except es described above and shall not include Ciry buildings,
Ordinance No. 01-Ii JGIPage J
frmr s. poles. conduits, faci lilies or odtor suucunes or Improvements, mganlless of whether
they ere situated in the Public Rights~of-WVy.
12. "Registtont" ehall meVn a Coinmunienriona Services Provider that bas registumd
with tuo City oCWngwood iv auordence with the provisions o[tlds Ordinance.
I3. "Registmlio~' or "Registu" shall neon the process described in this Ordinance
wheroby n Communications Services Provider provides eertv~n infumrntion Io the City o[
Longwood.
See n A - Reeistra[ion (or Piscine er MvintVlnlne Communications Facilities it
Pu blie Rieb(s-of-\\'aa~
1. A Communications Services Provider that desires to Vlace or maintain a
Commm~ications Faoility 'in Public Rights-of-Way in dre City of Longwood shell first 2egister
with the Ciryin auordatu with this Ordinvnee.
Registration may be made by mail or in person to:
City of Longwood Purnhesing Division
175 Well Wnrron Avenue
Lony ood, F[.32]50
Subject to the lurnu end conditions pins br4 in this Ordinanec.a Registrant may place
or matnuln a Communications Facility in Public Rights-of-Way.
2 A Ragist anon shall mr convey any title, equitable or IegeL Io Ihn Registrant in
the Public Rights-of--WVy. Registration under this Ordinance governs only the placement or
mmntcnuvu of Communications Facilities in Publin Rights~of--Way. Other ordinances. codes or
regulations may apply to the pleeemem or maintennnee in the Public ftightsbf--Way oC fvcilities
Wnt an not Cbmmanicutions Facilities. Reeistralion does not er.cnse n Communiunions
Sen~iees Prodder from obtaining appropriate ueoss or pole anaGlnlem agreemonls bofuro
locating its Facilities on the City :s or anothu Person's Facilities. Registration dues not crcuse n
Ordinance NO. OI-15'INPa¢e8
~" Commnniwtions Sen~ices Provider Gam complying with all applicable City ordinances. codes or
regulations. including this Ordinance.
3. Each Contmunicttions Services Provide that desires to place or maimain a
Communications Facility in Pnblie Rightebf-lYay in the City of Longwood shall [le a single
R~isirntion with ilia City, which shall include ehe following information:
(o) Name of the applicant;
(b) Name oddross and telephone number of the applican~s primary comae[ person in
wimection with the Registration, and the person to comam to case of an emergency:
(c) Cash deposit or irtcvocable leAtet~ of credit required under Chia Sermon 14 of this
Ordinance,
(d)Er'idence o[ineurance coverage inquired under Section II of this Ordinance
le)ACknowledrynent that Registrant has received and reviewed a copy of this Ordinaneo
and the `Cl9 fl.wrgvood Mutiva(afSturidnrdsfor~rAe Design. Cartsrrunioti acid Mnhirertance
ojClrvSirems "..which acknowledgment shall nol be deemed nn agreement, and
(~ A copy of the applicant's cenidraie of authorization or license to provide
Communications Services issued by the Florida Poblic Service Commisaioi~ the Federal
Communications Commission. of other Federal or State euthonty. if any;
(g) For an applicant that does not provide a Flondn Public Service Commission
certificate of authorization number, if the applicant is a wrporation, proof of authority to do
business in the State of Florida, such as the number o[the certi dcete from or fling with the
Florida ~epanment of State.
4. The City Admin iatramr or designee shall review the information submitted by the
~, applicant. IC (he applicant suhniita inCOmtetioo in accordance with subsection 3 above. die
Ordinance ko. 01-I5"16/Page 9
Registraion shall be effective and the City shall notify rho applicant of the effective,ress of
Regisf anon in is tin& if the City determines that the information has not been submitted in
ecwrdance with subsection 3 above. the City shell noti fy the applicant of the non-effcetiverress
of Registration, end mesons Cor the noncffectiveness, in writing. The City xitall so reply to nn
applicant rr'i rhiv thirty (30) Jaya after receipt of registration in(orma[on from the applicant.
koncffeetiveness of Registrvtion shall not preclude an applicant from Flling mbsequrnt
applications for Registration under the provisions aF this Section. An applicant has thirty (1U)
days alter receipt of a notice of non-effectiveness of Registation ro appeal the decision es
provided in Section 8.
~. A Registant may cancele Registation upon written notice wthe City stating [hat
it twill no longer phtce or muintatn any Communicvtions Facilities in Public Righrsb l-Way
r within the City of Longwood end will no longer need to obtain permits to perfomr work in
Public Rightsn[-Way. A Registrant cannot cancel a Regimation if the Registrant continues tm
place ur maintain aoy Coinmmnications Fveilities in Public Rights-of-Way.
6. ftegishation does not in end o[itseif establish a right to place or maintain or
prioriTy for tie placernen[or mainvenanee ofa Communications Facility in Public Aightsof-Way
within the City of Longwood bat shall establish for hie Registrants right to apply for a permit, if
perms ring is requirmt by the City. Registrations ere expressly subject to any future amendment
too replacement of rhis Ordinance and furher sobj act to any additional City orainanrca as woll
as any State or Federvl Ivws that may be enacted.
]_ A Registrant shall eenew its Registration with the City by April I of even
numbertd yeazs in veoordance with [he Regisrvtion requireanents in this Ordinvnee escopt that a
Registmm that initially regisers during the even numbered year when renewvl would be due or
Ordinance Nb. 01-1596/Page 10
~ the odd numbered year immediately preceding such even numbered year shall nor be required ,o
rene,t until the next even numbered year. Within ,hirty (30) cloys of any change iu the
inlomtalion required [o be submitmd pursuant to subsection 3,a Regimm~, shall provide updated
infom,at,on to the City. [f no infor,na,ion in the then-existing ftcgisvetion has chanced. the
iinewal may slnle that no in fonnorion has changed. Failure ,o renewaRegiar Zion nay ixsult in
d,e city r strt g me ~~snan~e of aaaaional vermas m,m me commnnieadnna se~,aa
Provider has complied with ,I,e Registration requiremenes o[d,is Ordin:nxe.
8. In accordance with applicuble City ordinances, codes or regulations. z pem,i,
may be required of e Communications Services Provider that desires ,o place or main,ain a
Communications Facility in Public Rights-ofWuy. An effective Regierrzlion shall be a
eondi«on o[ obtaining a permit. Nohviths,anding en effec,ive Registration. pemrilting
/` requirements shall apply. A permit may be obtained by or on behalf of e Regisvant having an
effecn~c Rcgi stmtion ifall permitting requirements are met.
Sec Notice of Transfer. Sale or rlysi4ilmeet of Aaseh m Public Riehtw[-
\V av
If a Rcgistam transfers, sells oe ~ its assets located in Pnblie Rights~of-Way
incident m e tmnsfor, sale or assignment oC she Registrant's assets ,he tmnsfeme buyu or
e shell be obligated to wmply with the ,eons of thie Ordinance. Written notice of any
such transfer, sale or assignment shall be providrA by such Regis[ ant [o the City within nt enty
RO) days after the effective Uate of the nansfer, sale or assignment. If the nansCeme buyer or
ssigne ,s a eurtent Registrant, Then the transferee buyer or ssig.,ee is nor required ro re
Register. If the trans[e,ec, buyea~ or ssignee is not a curtent Registranh then the va2sferec
buyer or assignee shall Regismr as proeided in Scetion 4 within sixty (60) days of thetmnsfer.
Ordinance Na 01-I5'/6/Page I I
~ .vole or ~ ctn. If permit xpplicetiens arc patding in the Registrnnt's name. the trans@rez
buyu oru _ eshnll notify City that tha transferee, buyer or nssigne :s the new applicunt.
Seeeion 6 -Placement ar n1i ce of a Con m ns Ft'll ~ I P hlf
Riebts~f-N a\'
1. A Registrant shall et all times comply with and abide by ell applicable provisions
of the State and Federal lav and City ordinance. codes and regulations in placing or maimeining
a Communicatioiw Fvciliry in Public Ftightwf--Way.
2 A Regisvent shall not commence to plane or mvintain a Communications Facility
in Public Righks~of-Way until ail aPPlicahle permits. if any, have beers issued by dte City or other
npPropnute nathonty. except in the ease of an emergmtcy. The term "emergercy" shell mean a
condition that af3eas the public's health, safety or wel Care, which includes an unplanned out-o[
~ sentce condition o[a pre-existing service. Registram shall provide prompt notice to the City of
the plscomont or matntenaoce of e Communications F'ecility in Public Rights~af~Way in the
oveot of an emergency and shvli be required m obmin an after-the-[act pemtit if a pemtit would
have originally been required to puform the work undertaken in Public Rights-of--Way in
wnnecuon with Ne emergency. Registrant acknowledge tlvat ns a condition of granting such
permits, the City may impose reasonable roles or regulations governing the placement or
mmntenenee ofa Communications Facility in Public Rights-of-Way. Permits shell apply only to
the areas of Pubfic Rights-of-Way specifically identified in the permit.
2. Upon r coipt of xrtten noti(icatton from the Ciry oC the eiFeetiveness of
Regislration_ a Registrant may apply fnr a permit.
Permit application may be made by mail or in person at_
Gty of Longwood Public Works
180 East Weamt Avenue
ordinance vo. ol.l sydre~e )?
Aspen of any per t t application to plan anew or replace an existing Comnmaications
Facility in Public Rights-of-W ay, the Registrant shall provide the fullowing~.
(a) 'lire location of the proposed Facilities. including v deacnptioo of the
Facilities to be installed, where the Fvcil hies are to be IoeatW, avd the approximate sire of
Facilities that will be located in Public Rights~o[-Way.
(b) A deaerip«on of the manner to which the Facility will be installed ~.e-
an icipatetl ronstmetion methods or techn i<lues);
(e) A vaflie maintenance plan for any disruption of die Public Rightxrof~Way;
(d) In(onnanon on the ability of the Public liightsuf-WVy to eemmmodate the
proposed Feciliry. if available (such information shall be provided without ceni Fcation as to
correctness. to the extent obtained from other Persons),
(e) If appropriate Kiven the Facility proposed- an rsd mute of die wn of
restoration to the Public 12ights-oF Way:
(() The timetable [or eonstniction of the project or each phase thereof end the
areas of die City which will be aRected: and
(g) Such additional infomtation as the City Ends reamnably necessary with
respen to the plecemtent or maintenance of the Communications Facility thnr is the subjen of the
permit application to review such permit application.
4. To the extent not otherwise prohibited by State or Federal law, the City shell have the
power to prohibit or limit the pleeeinent of new or additional Commnnications Facilities within a
pvtticular area of Public Rights-of~Wey.
OrdinenceNO. OI-I5~6/page 13
i. All Communications Facilities shell be placed or mnintained so as not to unrensonably
i ntcrferu wish the use of the Public Rights-of-Wny by the public and with rho rights and
convenience of propery owners who adjoin azty of the Publin Rightabf--Way. 'tile use of
trcnehless technology (.e, di reaionel bore methud)for the instillation oC Faeil hies in the Public
Righls-of-Way ns well as joim rccnehing or the co-locnlion off ail hies in exi tiny conduit is
snongly encouraged, and should be employed wherever Feasible. 1'hc City Adminisnamr or
designe may promulgate reasonable rulas and rcgulntions eonesa ling the placement or
mmntennnce o[ a Communlcationa Facility in Public Rightsb (-Wny conststenl with this
Ordinance and orlter applicable lnv.
6. Ail se(uty practioes required by applicable Inw or acceptat industry practices and
stnnderds shall be used during the placement or meinsunenne of Conrmuiticntioris Facilities
7. After the <oinpletion of any placement or maintenanw of a Communications
Facility in Publin Rights-0C-Way or osch phvse thereof. e Registtnm shall, et its own expense
restore the Public Rights-of Way to its original condition before such work. If the Registrant
fails to make such restorntion within thirty lPO) dnys or such longer period of time ns may be
reesoonbly required under the circumstannez (oliowing the complehon of such placement or
maintenance, the Clry cony perform restoration and charge the wars of the remsation againnthe
Re~istrnnt in aewrdanee wish Section 3l'l.402, Florida Statutes (2000), as it may be emended.
For na~elve (12) monshs following the original completion of the .. ork, dte Registrant shall
guarantee its eestoranon work end shell correct any restoration xork that does not satisfy the
requiremenss oCtltis Ordinance tit iss awn expense
ommanee Ne. m-ls3eiPaee la
~' g. Removal of reloeedon at the direeaion of the City of a ftegisnanc's
Communications facility in Public Rights-of-Way shall be governed by the provisions of
Suctions 33]A03 and 337.404, Florida Statutes (30001 ns they maybe amended.
9. T pemut from the City constttutea authorization to undenake only uenam
uu~vmes in Public Rights-of-Way in neoordanoo with this Ordinance. antl does not eroate a
propettyright or grunt authority to impinge upon the rights of others who inay Itvve an intorest in
the Public Rights-of Way.
10. A Registrant shall maintain its Communications Favility in Public Rigbtwf--Way
to v manner eonststent with accepted industry prnetice and applicable Iarv.
II. [n connection with uxcevntian in the Public Rights~o[-Way, a Registrant shall.
where applicable comply with the Underground Facility Damage Prevention and Sufwy Act set
~ forth in Chupter »6- Florida Statutes (2000), as tt maybe amended.
13. Registrant shall usu and exercise due eeutiou. cart and skill in performing w»rk in
the Public IZightsrof-W ay and shall take vl I rcasoonble steps to safeguard work site aeeas
13. [lpon request o[ the City, and as notified by the City of the other work.
eonsmcnon. installation or repairs refermtced below, n Registrvut may be required to wordinate
placement or maintenance acnvmes under a permit with any oNer work constnictton.
mstalletien or repaire that may be occurring or scheduled w occur widrin v roesoveble timcfiame
in the subject Public Rightsof--Way, end Registrant may be required to reasonably nller its
placement or maintenanoe schedule as neevssary so es to minimize disntptions and disturbance
to the Publ'i<Rightso[-Way.
14. A Regist ant shall not place or maintain its Communtuenons facilities so as to
interfre whtn.displace. damage or destroy any facilities. including but not limited to.snrvrs ¢a
Ordinance No_o1-15]6/Page 1>
r or sv afar mauu, sronn drains.
pipes, cables or cenduils of the City or any other Person's facilities
lawfully occuppng the Public Rightsof--Way of the City.
I5. The City makes no warrnnlies or representations regarding the fitness, suitability.
or aveilabil ity of its Public Rightsrof--Way for the Registrant's Communications Facilities end
;my perfomlance of work, oosts Incurred or sari ices provided by Regis¢nnI shall be ar
Regise em s sole risk. Nothing in phis Ordimne^ shell effect the City's authority to add. Iacale
or abandon Public Righlaof--Way, end the City makes no wartemies or mprerentations regarding
Inc avnilabil ity of any added. vacated or abandoned Public Rights-e f~ Wny Cor Cumnlunieslioo-s
Faci litiez
I6. The City shall have the light to mole such inspections of Communications
Facilities plead or maintained in public Rightsof--Way ns II finds necessary to eneure
~' compliance wish this Ordinance.
I]. A permit application to place n new or repleoe an cxi ring Communications
Facility in Public Rights-of-Way shall include plans showing the location of the proposed
inslellvrion of Fee ilities in the Public Riglitsb(--Way. IC hse plans so provided retluire revision
based upon acmvl installation, the Registran[ shall promptly provide revised plnns. the plans
shall be in v hard copy forma[ and an electronic Cortnal specified by the Ciry, provided such
electronic format is maimainod by the Regisrenl. Such plans in n format mai ntnine<I by the
Registtant shall be povided at no wst to the City.
18. The City reservos the right to place vnd maintain, and pemit to be placed or
mvmtained. sex _ ater. electric, storm draimge, communlcations_ end other types of
facilitiu, cables or ronduit. and m do, end ro pemit to be done. any underground end ored,ead
~` installnrion or improvcme:it that may be deemed ncessnry or prnpcr by the City in public
Ordinance No. OI-IS]b/Page IG
Rights-of-Wey occapied by the Regisnanl. The Cily Cunlia~reserves withou~ limitation the right
io xher. change. or cease to be changed, the gradine, installation relocation. or width of the Public
Rightstf-Way .whin the limim of the City end within said limits vs same may from ti are wtime
be eleered.
19. A Registrnne shall, on the inquest of any Person holding a pcnnit issied by the Ciry,
temporarily ruse or lower its Communications Facilities to permit the work authorizod by the
pormir The expense of such tomporery raising or Iewerivg o[ Facilities shall be paid by rho
Person requutivg the same, and the Regist not shell have the authority io regaire such payment in
advance The Regiatrant shall be given not less than Ihiny (JO) days advance wnacn nohcc co
nrtange for such tenrporery relocation.
Sec on]-Sas anion n(Permits
The City may suapemd u permit Cor work in the Public Rlghts-o[-Wey for one or more o[
the following reasons:
I. Vielation of permit conditions, including conditions set forth in the pevmit. this
Ordinance or other applicable Ciry ordinances. modes or regulvtions governing placement oc
mamtenence of Communications Facilities in PoFlic Rightsuf--Way; or
2.Misrepresentation or fraud by Reguvaat in a Registration or pemtil application to the
City; or
J. Failare to properly renew or ineffeclivencss of Registration; or
4. Feilnre to relocate or romove Fvcil hies as may be lawfully required by the City.
The Ciry Administtttor or designee shall provide notice and an opponuniry m cure any
violation of t throagh 4 above evclr of which shall be reasonable under the circanutanees.
Ordinvnce NO. 01-I5]6/Page 17
Section R-Annuals
Final written decisions of the City Adminis[retor or designee suspending or denying a
permit. denying nn application fora Registration or denying an application for renewal of a
Registn[ion are subject to appeal. An appeal must be filed with the Ciry Adminisnater or
designee .within shiny (30) days of [he dare of [he Iinel. wooer decision [o be apprnlrA_ My
appeal not timely filed as set Forth above shall be waived. The City shall wnsider [he appeal
wi[hin [hirty (30) days of [he receipt of the epPCal, unlss waived by the Registtant_ a,id e ~ainen
decision shall be rendered wi[hin «venty (20) days. Upon wrrec[ion of the grounds [het gave
nse [o a suspension or denial, [ho suspension or drarivl shall be Ii Ged.
Sec nn9-Involun[arv Terrain a[ion o(Reeistration
I. The City may tetxninatea Regis[alion iC
(a) A Fedorel or Stvlc authority suspends denicc or revokes a Registmn['s cenifiea[ion
or license [o provide Communications Services:
(bl The Registtanl's placemen[ or ma~nl[.nance of e Connnunications Facility in the
Public Righ[srof--Way prrs¢nts an extraordinary danger to [he general public or o[her users of [he
Public Rightsot Way end the Registrar[ (ails m remedy the danger proinp[ly aftu receip[ of
(c) The Regist am cevses to use all o[its Communieenons Fecili[ies [n Public Righ[so[
Way and has not complied with Section Ib of this Ordinance.
_. Prior to [ennina[ion. the Rcgis[ram shall be ooh hod by the Ciry Adminis[mtor or
des ~ with a xnnen nonce setting forth vll matt rs pertinGtt to the proposed tertn[not[on
action. including which of (a) dvough (e) above is applicable as [hc reason therefore, and
describing the proposed ec[iou of the City wi[h roper[ [hereto The Regisrmnt shell have six[y
OrdinonceNo.OI-I SJ6/page l8
(fi0) Days efler receipt of such notice within which to address or eliminate the reason or within
whioh to present n plan, satisfocmry to the Gty Administrator or desigoee, to aaomplish the
samz. If die plvn is rejected, the City Adminisimwr or designee shall provide wrincn notice of
such rejection m the Registrant and shall moke v recommeatdetion m tho City Commission
regxrding a tleuston ns to mrmtnauon of Registration. A decision by the City of Longwood to
tennmale a Regiswtion may only be vneomplished by an awon of the LongtvooA City
Commission A Regisvont shall be notified by written notice of any denision by the Longwood
City Commisson to terminate its Registration. Such wduen naliec shall be sent within seven Cll
days after the decision.
3. In tho even! of terniination, the fnmser Regisr ant shall (a) notify the City of the
assumption or an icipated assumption by another Registram of ownership of the Reg ant s
Commumcations Facilities in Public Righu-ohWay, or (b) provide the Ciry with an acceptable
plop fot disposition of its Communications Facilities in Public RighisroF Way. t[ n Regisranl
fade w comply with this subsection 3, the Cily may exercise any remedies or rights it hxs al la.~~
or in equity. including bat not limited to Coking possession of the Facilities where vnother Person
has not assumed the ownership or physical control of the Facilities or icquiting the Regis ant
within 90 days of ibcYGntlna[IOn. or such longer period ax may be agreed to by the Reeishant. to
remove some or all of the Facilities from the Public Rights-of-Way and instoro Cho Public
Rightsof-Wxy to its original wntlition boCorc the reanovel.
4. In any event, a tenntnated Ragist ant shall taF:e such steps as ero necrssary to
reirdu safe every portion of the Commnnioelions Facilities remaining in the Public Rightsrof
Way oCthe C"ity.
Ordinance No. 01-I5]6/Pege 19
5. In the event of termina0on ofa Regist etion, this Section door not authorize the
rty to annae me rGmovai or cmm~,npicxcona Faeuidea used to provide nnomer aen inn ~r
which the Registram oe another Puson wlto owns or nacre ilea physinnl conrol ovar the Facilities
holds a vulid certifwtion or liconse with the governing Federal or State agency. if required for
prof ision o[such see tee, end is Registered with [he City if required.
S tl 10 - E ~ t Co Facilities Public Ri btsrol \\'as'
A Communications Services Provider wi0t an existing Communications Facility 'in the
Public Rightsof--Way ol'Ne City hoa sixty (60) days from the ER dive Date of Nis ONinanne
to comply with the Corms of this Ordinance. including, but not lim iced to, Registeation or be in
violation thereof
Section 11~-lose ranm
1. A Registrant shall provide, paY for enA maintain satisfactory w the City the types
of insurance described herein All insuance altall be from responsible companies duly
authorized to do business in the Slate of Flontla and having a rating rcnsonabty acceptable to
the City. All liability polices shall provide Chet the City is an additional insured as w the
activmes under this Oedinanne. The required coverages must be evidenced by properly
eaeuited Cenihcates of [nsnrancefoeme. The Certifcetes must be signed by the authonzed
representa[ive of the insurance tympany and shall be fled end maintained with the City
annually- Thiny (l0) days advance w,•itten notice by registered. certified or regular mail or
lecsimile as determined by the City mtut be given to the City of any cancellation, intent not
to renew ar reduction to the policy coverages. The insuranc. requirements may be satisfed
by evidence of self-inaoance or other types ofinaurance accep[able to the City.
orninaoee Ne. m-I neipagc zo
_. The limns of coverage of insurance required shall be not less than the following-
(e) Workers' Compensa~ion valid in No State of Florida which policy limn
shall be in an amount not less than the Statutory Iinti~ for Workers' Compensa~ion.
(h) Eanpleyer's liability iitmrence valid in the State of Florida which policy IimiY
shall be in an amounl not less Oian One Million llo Mars (51.000.000) each aceiduit fiir
employor's liability.
(c) Commercial general liability iiuuronee vnlid in the Sn~e oC Florido. including
wnlractual Iinbiiity and products eompleaed opeia~ions liability w~erage on an
oceurzonce basin which policy Iimu shall be ~n an amount no! less ~fien One Million
Donors (51.000,000) per occurrence, combined single limn. Cor bodily injury. personal
injury or Aeeth. or properly damage and in an amounl nog Inca Ihan Tnro Million Dollars
(52.000 Ooo) policy aKKregate for each personal injury liability. broad loon properly
dama~c (w~ihout XCU exclusions). cunnecluel liability and products-completed
operations liability.
(d) Business automobile liability insumnee valid in the Stele of Florida which
policy limit shall be in an amount nM loss than One Million Dollars (51 000,000)
combined single lira ii, including bodily injury end PrepenY damage coverinK o~.~ted
leased, Hired and notrowner vehicles,
Sec n12-Intlemnifeation
I. A Regismnt shall. at its sole cost and expense, indemnify, hold harnrless. and
do Cord the City of Longwood its' officials, boecds. mGnbers aKents, anJ employeus against any
and all claims salts, causes of acitoo, proceedings, judgments for dema6es or equitable relizf.
and costs and expenses incurred by the City arising out of the placement of maintenance of its
Ordinance NO. OI-15'/b/page 21
Communications System or Facilities in Public Rights-0f-Way, regardless o[whether rho act or
omission complained of is authorized, allowed or prohibited by Ibis Ordinance, provided,
however. that a Regist ants obligation hereunder shall not extend Io any claims caused by the
negligence. gross negligence or wanton or willful aGS of the City. This provision includes, but is
not limited m.the City's reasonable attorneys'[ees'incurred in defending against any such claim-
suitor proceedings. The City agreea to notify the l2cgimm~l. in writing. widlin a reasonable time
of racer ping n uee. of any issue it duatmmes nay require indemnification. Nollling in Ihis
Section shall prohibit the City from Danicipating in the defenso of any litigation by its own
counsel and at its own oast i[in the City's reasonable belief there exists or may ezisl a connicl.
potential conFlict or appemm~ce of o wntlict- Nothing contained in this Section shall be
constmod or tnmlpremd: (a) as denying w either pony any remedy or defense available w.such
pony under the laws o[ the State of Florida, or (b) as a.vaiver of sovereign immunity beyond Iho
wnt vet provided in Secrian ]68.28. Florida Statutes (2000). as it may be amended.
_. The indemnilicel ion requirements shall survive and be in effect after the
temunauen or eaucelletion ofa Registration.
Sec li-COOStruetion 6aod
Prior m issuing e permit where the work under the permit will require resloretion of Public
R fights-of-Way the Ciry may require a wnstmc[ion bond ro secure the reswration of the Public
Rights-oC-Way. The wtlstruction bond shell be iasaed by a surety having n rating reasonably
acceptable Io rile Cily; shall be subject w the approval of the Ciry Atmmey: and shall provide
Ihat: "For Iwclve (12) months oGer issltance of Ihia bond. Ihis bond may not be canceled. or
allowed to lapse. until sixty (60) days after receipt by the City of Longwood. by cenified mail,
mmm receipt requested. of a wnuvar notice from the issuer of the bond of Totem m cancel or not
Ordinance No. of-i 576/Page 2?
to renew "Twelve (12) months after the completion of the reswalion in Public Rightsaf--Way in
aceoedance Ivith [he band, ilia Registrant may eliminate the bond. HowemRr. the City may
subsequently require a new bond for any subeequent work in Ole Public Rights~o[ Wny-
f`ohvithsianding the foregoing a construction bond hereunder may only be required to the extent
that llie cost of the restoration exceeds the emommt mcoveiable ~ sl the Sncunty Fund as
provided in Section 14.
_. The rights ceservecl by the City with respect to any eonnrection bond esmblished
pursuant mthis Section ere in addition to all other rights and remedies the City may hamR under
this Ordinance-or el law or equity.
~. n,e dgnte rexervea to me airy nnae„hia section arem aaamon to au odim~dghts nr
the City, whether reserved in this Ordinance. of authorized by ollmar Iuw. and no eeuon-
proceeding or exeiciae ofa right with respect to the construuion bond will affect aoy other right
the Ciiy may have.
Sec nIJ-Seca ritr'Fnnd
At or prior to the lime n Regist and receives its hml permit o place emr maintain e
Communications Facility in Public Rightsof-Way after the effective date of this Ordinance-Ihc
Reeistrant shell make a Five Hundred thousand Dollar (SSOOA00) cash depoeit or shall fle
with the City an irrevocable letter of credit or demand bond acceptable to the Ciry Aitomry in
the same emonnt. which shall he referred to as the "Seventy Ftmd" The Security Fund shall be
conditioned upon the Cull and FaiNful compliance wish and performance by the Communications
Service Provider ol'ell mquirenietns, duties and obligations imposed by the provisions of this
Ordinance. The Sxurity Fund shall be maintained ftom such dnve through the earlier of I.
transfer, sale assignment or removal of all Communications Feeiliiies in Public Rightsof-Way
Ordinance No.01-1 S1b/Page 23
and the establishment ofa Security Fund by the transferee, purchaser or asignee~. or ?_ Twel.c
(12)months alterthe temrinutimt or cancellation of any Regist tton. the Security Fund shall be
fiirnished annually or as fiequcntly as necessary to provide a wnnnuing guarantee of the
Registtent's III and faithful pufointenoe el ell times. In the event a Registrant fails to perform
its tluties anA obligations imposed npon the Reguurant by the provisions of this Ordinance,
subject to Section IS o[this Ord inanee, thus shall be recovorable.joinhy and severally fom the
principal and holdu or survey of the Seenrity Fund, any damages or loss suffered by the City az a
insult including the full amount of any wmpensrvtion indetnnitication or post of removal.
relocation or abandonment of any Facilities of the Regirtrant in public Righlsrof--Way. plus a
reasonable allowance for enomeys' fees. up to the full amount of the Security Fund.
Seutlmn IS -Enfor tt Remetlies
1. A Registrant's failure to comply with provisions of this Ordinane shall oonstitute
a violation of this Ordinance and shall subject the Registrant to payment of damages resulting
from szid violation. The City Administrator or designce shall detemtine the amount oCdantages-
using when praeticel the climate ofa contractor to determine the damages. The Registrant shell
be given lest (101 days from the date of reeeipl of notlw of the via latioo to either cum duo
riolali npaY the entoum of damages specih ed, or appeal the decision ofthe Ciry Adminisnaror
to the City Commission The appeal shall be placed on the neat available ugonda of the City
Commission A fomrat sim filer to that used at Quasi-Judicial hearings shall be used in hearing
the appcul. The Registrant may appeal NCdncixion of the City Commiaxion to the CUUnty Court
or Circuit Cbun ofSeminolc County Having jurisdiction o(the controversy. Al any time after l0
days of receipt of the nonce of violation enU amoun[ o(demages the City may recover the
amount of danraSec Gom the Secrtrity Fund even if the Regisnenlhaz appealed the determination
Ordinance ~0. 01-1 i]6lPage 24
- oCthe City Administrator to the City Commissinn or the decision of lho City Commission to the
Seminole County Coan ox Circuit Coup. Any issuers of a letter o[ credit, cash bond or surety
bond shall pay the amount of damages within '_0 days of receipt of a demand for payment of
dantnges The fact that the Regist ant contests the violation ai amount of dam yes before the
City Commission ox County Covn or Citcnh Coun shell not bn gmunds I'or non-payment
pursuant to a Inncx ofexedit, cxeh bond or snrety bond. iho prevailing party in any legal action
benveev the Registrant and the Ciry or the City and any issars of a letter of credit, holder ofn
wsh bond or surety bond shall be entitled to reasonable enomeys fens end court costs.
_- Failure of the City to enforce any xequirevnenxs of this Ordinance shall not
cons[tmte a uair cx of the City's right to wtforw that violation ox snbsegnem violations of the
san e type orto seek appropoate enforcement mmediev
Section lfi-.ybvn don meat ofa Commn nieations Fncilit~
1. Upon Abvndonment of e Cnmmunieations Fnciliry a.vned by a Registmm in
Public Rights-o[ W ey_ the Regislrmt shell notify rho Ciry within vinery (90) days
_. The City may direu the Regisvvnt by written notice m remove nII or any ponion
of such Abandoned Facility at the Registxvm's sole expense if the City determines that the
Abandoned Facilhy s presence intecCeres with the public health. safety or welfare. which shall
tncludG but shell not be limited to, a detemtination that such Facility: (a) compromises safety nt
any time fox any Public Rightsrof--Way user or during eonstxuetion or maintenance in Public
Rights-o[ Wvy, (b) prevents anoeher Person from locating fvcilitics in the area of Public kighis-
of Way whero the Abandoned Facility is locaietl when odiex elteniativa locations sic not
rzasonably a Bailable; or (e) c cares a maintettancc wndition that is diseuptivn m the Public
- Righls~ofWey's use. In the evexrt of (b). the City may require xhe third Permn to wordinnte
Urdinance Vo. Ot~I S]b/Page 2i
with the Regisrrent that o.rns the existing Facilily for joint removal and placemem.where agreed
io bylbe Regisnant.
3. In the even) that the City does col direct the removal of Ne Abandoned Facilily_
Ne Regie[ ant. by its notice of Abandonment la Ne City shall be deemed m cansenl m the
alteration or removul o[ all or any portion of the Pucility by the City or another Person al such
third Party s coll.
a. If the ftegisimnt Evils to rrauove ell nr any portion of un Abuntloned Facilily as
direetW by the my within areasonable time period vs may be required under the circums:ances_
the City may perform such removal and charge Ne cost of Ne removal ageiwt the Regisuant.
Section 17-force ~I aicure
In Neer ant n Regist art's performance of or compliance wirh un, oC Ne provtsio~ of
this Ordinance is prevented by a cause or event not within the Registrant's control. such inability
to port mt or comply shall be deemed excused and no penalties or sanctions shall be imposed as
a result. provided. hor~ever Nat such Registrant uses all practicable means to expeditiously cure
or correct any such inability to perform or wmply. For purposes of this Ordinence_causes or
e~cnts not within a Regist ants contml shall include wiNOar li mitution_ acts of God. hoods.
enrthquakas, landslides. hurricanes, fires and other nvwrvl direstors. vets of public enemies. riots
or civil dismrbnnees. sabotago, suikes end reshainis imposcU by oMer ol'a governmental agency
or court. Causes or events within Registrant's control. antl thus col Culling within This Seuiom.
shall imelude, withomt limitation, Registrant's (iuaneial inability to perform or comply. economic
hardship-end misfeesunw, malfeasance oe nonC azenea by any of Registrants directors. officeru
entployeez contractors or ugents.
Ordinance No. 01-1 i'/6/Page 2fi
/' S I 18-Refer 'at naf Ri hts and Remedies
I. The City resen~es the right to amend this Ordinance as it shall fad necessary in
dte lawful exercise of its pollee pewees.
_. This Ordinance shell be apPliceble to ell Communications Faeilihes placed in the
public Rights~of-Way on or alter the effective date of this Ordinvnee and shell apply to nIl
existing Coinnuvicetions Facilities in the Public Nightsof-Way Pnor to the effective date of this
Ordinance. to the full extevt penvitted by State and federal law.
J. The adoption of this Ordinance is not intended to affect any rights or def scs oC
the City of Lonewood or v Communications Scn~ice Provider under any existing fianch'ise.
license or other agreements With o Commtmieations Services Provider.
4. Yothing iv this Ordinance shell effect the romodi es the City or the Registrant has
~. available under apPliceble law.
5. Any Person wino uses the Coinmunicvtions Facilities of e Regist ant. other than
hte Registeant that owns the Facilities, shell naf be entitled to any eights to place or mvintvin such
Fneilities in eaeess o[ the rights of the Regu0ant that places or maintains the facilities.
Sectiov 19 - Severability
Thr provisions of ehis Ordinance are declaad to be severable and if any sochon.
sattenee clause or phrase of this Ordinance shall, for any reason. be held to be Invalid or
unconstitutional. such dec~stou shall vet a[C t dte validity of the remeiving seeuovs. mnrences-
clauses end phrases of this Ordinance but shall remain in effect. it being the legislative intent that
this Ordinance shall stand nohvithatanding the invalidity of any patt-
Section 20 - F[[eefit'e Date
Thie Ordinance slteli be cffcetive immediately upon adoption.
F"'ST