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2001-01 Telecommunications OrdinancesORDINANCE 01-2001 • AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING ORDINANCE 26-2000 OF THE VILLAGE COUNCIL WHICH AMENDED SECTION 28-3 OF CHAPTER 28, USE OF RIGHTS-OF-WAY FOR UTILITIES, OF THE CODE OF ORDINANCES; CREATING A NEW CHAPTER 29, TO BE TITLED VILLAGE OF NORTH PALM BEACH TELECOMMUNICATIONS ORDINANCE AND PROVIDING NEW SECTIONS 1 THROUGH 16, INCLUSIVE, TO CHAPTER 29 WHICH PROVIDES THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN THE VILLAGE'S PUBLIC RIGHTS OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of North Palm Beach has determined it is in the public interest of the Village to permit the placement of one (1) or more Telecommunications Systems or Facilities in the Public Rights-of--Way of the Village; and WHEREAS, it is the intent of the Village Council to encourage competition by providing access to the Public Rights-of--Way to the Village on a nondiscriminatory basis; and WHEREAS, Section 364.0361, Florida Statutes, requires that a local government treat Telecommunications Companies in a nondiscriminatory manner when exercising the authority to manage the Public Rights-of--Way; and WHEREAS, Section 337.29 (3), Florida Statues, provides that a municipality shall have the same governmental, corporate, and propriety powers with relation to any public road or right-of-way within the numicipality that the municipality has with relation to other public roads and rights-of- way within the municipality; and ~~'I NAN CEICLERKIORDI NANCESQ001 ORDINANCESff INALCLEANCOPY•IELECOMORDINANCE-01300 LDOC WHEREAS, it is the intention of the Village Council to recognize the interests of • Telecommunications Service Providers to install their facilities in Public Rights-of--Way as a means of promoting the use of such technology for the good of the people of the Village; and WHEREAS, it is the intent of the Village Council to exercise the Village's authority over the Telecommunications Service Providers' occupancy of the Public Rights-of--Way; and WHEREAS, these policies are in complete accord with both the letter and the spirit of the Communications Act of 1934, as amended; and WHEREAS, the enactment of the Telecommunications Act of 1996, amendments to applicable statutes of the State of Florida and developments in telecommunications technology and services have resulted in an increase in the number of persons certified by the Florida Public Service Commission to provide Telecommunications Services; and WHEREAS, various Telecommunications Service Providers have requested the right to occupy the Public Rights-of--Way of the Village for the purpose of installing, maintaining and operating Telecommunications Systems or Facilities; and WHEREAS, it is the Village's intent to treat each Telecommunications Service Provider on a competitively neutral and nondiscriminatory basis in granting access for use of the Village's Public Rights-of--Way; and WHEREAS, the Public Rights-of--Way subject to the jurisdiction and control of the Village (1) are 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) are a unique and physically limited resource and proper management by the Village is necessary to maximize efficiency, minimize the costs to the • taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the \\rINANCkilCLGRK\ORDINANCESQOOI ORDINANCES\FINALCLEANCOPY~'ELECOMORDINANCE-01300 LDOC public from such facilities' construction, placement, relocation, and maintenance in the Public • Rights-of--Way; and (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the Village to exercise its authority to impose fees and adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. Ordinance 26-2000 of the Village Council which amended Section 28-3 of Chapter 28, Use of Rights-of--Way for Utilities, of the Code of Ordinances is hereby repealed. Section 2. Chapter 29 to be entitled North Palm Beach Telecommunications Ordinance is hereby created and Section 1 through 16, inclusive, are added to Chapter 29 of the Code of Ordinances of the Village and to read as follows: Section 1. Title. This Ordinance shall be known and may be cited as the Village of North Palm Beach Telecommunications Ordinance. Section 2. Intent and Purpose. It is the intent of the Village of North Palm Beach to promote the public health, safety, and general welfare by providing for the use of the Public Rights-of--Way within the Village, to adopt and administer reasonable regulations consistent with State and Federal Law, including Sections 337.401, 362.01, and 337.29(3) Florida Statutes, and the Village's home-rule authority in accordance with the provisions of the Telecommunications Act of 1996, to provide for the payment of compensation and other consideration by a Telecommunications Service Provider to the Village for the cost of \\F I NANC'E\CLE RK\ORDINANCES0001 ORDINANCES\FINALCLEANCOPY~ELECOMORDINANCE-01300 LDOC regulating and maintaining the Public Rights-of--Way and for the privilege of using the Public • Rights-of--Way within the Village for constructing and maintaining Telecommunications Facilities, and to establish the reasonable regulations concerning the use of the Public Rights-of--Way by all Teleconmmnications Service Providers after the effective date of this Ordinance. In regulating its Public Rights-of--Way, the Village shall be governed by and shall comply with all applicable Federal, State and local laws and regulations. Section 3. Definitions. For the purpose of this Ordinance, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any permit that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et sec ., as amended (collectively the "Communications Act"), and, if not defined therein, as defined b}' Florida Statute; and, if not defined therein, be construed to mean the common and ordinary meaning. A. "Village" means the Village of North Palm Beach, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. B. "Registrant" or "Facility Owner" shall mean a Telecommunications Company or other person which seeks to use or occupy the Public Rights-of--Way that has Registered with the Village in accordance with the provisions of this Ordinance . C. "Registration" and "Register" shall mean the process described in Section 4 • \ff INANC'G\CLERK\ORDINANCES~2001 ORDINANCES\FINALCLEANCOPY a'ELECOMORDMANCE-OI7001.DOC whereby a Telecommunications Service Provider provides certain information to the Village. D. "Gross Receipts" shall mean all cash, credits or property of any kind or nature, with deductions for bad debt expense, reported as revenue items to the Registrant's audited income statements arising from, or attributable to Recurring Local Service Revenues of Registrant within the Village. The Village reserves the right to amend the definition contained herein as permitted by applicable Law., The definition herein shall not be applicable as of October 1, 2001; or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in Chapter 00.260, Laws of Florida, 2000. E. "Law" means any local, State or Federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104-104 § 101(a), 110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing State authority pursuant thereto. F. "Person" means any individual, corporation, partnership, association, joint venture, estate, trust, syndicate, fiduciary, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, and all other groups or combinations. G. "PSC" means the Florida Public Service Commission. H. "Public Rights-of--Way" means the surface, the airspace above the surface and the • area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, VV 7NANC8~CLERKVORDINANCES~2001 ORDINANCES~FINALCLEANCAPY-~ELECOMORDINANCE-013001.DOC thoroughfare, parkway, sidewalk, bridge, tunnel, court, lane, path, alley, way, drive, circle, public • easement, public place, or any other property for which the Village is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law. "Public Rights-of-Way" shall not include any real or personal Village property except as described above and shall not include Village buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the Public Rights-of--Way. "Recurring Local Service Revenues" means revenues from the monthly recurring charges for local service, including but not limited to (1) recurring basic area revenues derived from the provision of flat-rated basic area services; (2) recurring optional extended area revenues derived from the provision of optional extended area services; (3) local private line revenues derived from local services which provide communication between specific locations, either through dedicated circuits, private switching arrangements, predefined transmission paths, whether virtual or physical, or any other method of providing such services; (4) revenues from the sale of local services for resale; and (5) other local service revenues from the provision of secondary features that are integrated with the telecommunications network, including, without limitation, services such as call forwarding, call waiting, and touchtone line service. Except as provided herein, revenues from all recurring local services provided by a Registrant over a Telecommunications Facility or System in the Public Rights-of--Way shall constitute Recurring Local Service Revenues subject to this Ordinance. Recurring Local Service Revenues do not include revenues from (1) toll charges for the transmission of voice, data, video, or other information; (2) access charges paid by carriers for origination and/or termination of toll telephone service as defined in Section 203.012(7), Florida Statutes, or other charges required by the Federal Communications Commission which are directly \\FINANCE\CLERK\ORDINANCES\2001 ORDINANCES\FINALCLEANCOPY$ELECOMORDINANCEA I300LDOC passed through to end users; (3) interstate service; (4) ancillary services such as directory advertising, • directory assistance, detailed billing services, inside wire maintenance plans, bad check charges, and non-recurring charges for installation, move, changes or termination services; (5) cellular mobile telephone or telecommunications services; or specialized mobile telephone or telecommunications service; or specialized mobile radio, or pagers or paging service, or related ancillary services; (6) public telephone charges collected on site; (7) teletypewriter or computer exchange services as defined in Section 203.012(6), Florida Statutes; or (8) local message rated (message, unit or time basis) and minutes of use charges in excess of the minimum flat-rated charges for similar services. This definition shall not be applicable as of October 1, 2001, or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in Chapter 00.260, Laws of Florida, 2000. J. "Telecommunications Company" has the meaning set forth in Section 364.02(12), Florida Statutes, as amended. The term "Telecommunications Company" does not include an open video system or a cable service provider. K. "Telecommunications Service" shall include, without limitation, the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by and through electronic, radio, satellite, cable optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocal used for such transmission or conveyance. "Telecommunications Service", as contemplated herein, does not include the provision of service via an open video system or a cable service which shall require separate authorizations from the Village. As of October 1, 2001, the term "Communications" shall • be substituted for "Telecommunications", provided that Section 337.401, Florida Statutes is amended \V'I NANCEICLF RK\ORDINANCES0001 ORDINANCES\rl NALCLEANCOPY~ELECOMORDRJANCE-01300 LDOC effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000. • L. "Telecommunications Service Provider" shall refer to any person making available or providing Telecommunications Services, as defined herein, through the use of a Telecommunications Facility in the Public Rights-of--Way. As of October 1, 2001, the term "Communications" shall be substituted for "Telecommunications", provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000. M. "Telecommunications Facilities", "Facilities" or "Systems" means any facility, equipment or property, including, but not limited to, cables, conduits, converters, splice boxes, cabinets, hndholes, manholes, vaults, equipment, drains, surface location markers, appurtenances, located, to be located, used, or intended to be used, in the Public Rights-of--Way of the Village to transmit, convey, route, receive, distribute, provide or offer e€ Telecommunications Services. As of October 1, 2001, the term "Communications" shall be substituted for "Telecommunications", provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000. Section 4. Registration. A. Each Telecommunications Service Provider that desires to place, erect, construct, install, locate, maintain, repair, extend, expand, remove, or relocate any Telecommunications Facilities in, under, over or across any Public Right-of--Way in the Village shall be considered to be using or occupying the rights-of--way and shall be required to Register with the Village in accordance with the terms of this Ordinance. • B. Any Telecommunications Service Provider desiring to use the Public Right-of--Way \V'INANCE\CLF.RK\ORDINANCES~1001 ORDINANCES\FINALCLEANCOPY$ELECOMORDINANCE-01300 LDOC shall file a Registration with the Village which shall include the following information: • 1. identity of the applicant and name, address and telephone number of applicant's primary contact person in connection with the Registration; 2. a statement of whether the applicant is or expects to be a Local Service Provider alid/or a Toll Service Provider, for registrations submitted prior to October 1, 2001; 3. evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copy of this Ordinance; 4. a copy of Federal and/or State Certification authorizing the applicant to provide Telecommunications Services. 5. a Security fund in accordance with this Ordinance. C. The Village will review the information submitted by the applicant. Such review will be by the Village Manager or his or her designee. If the applicant submits information in accordance with Section B above, the Registration shall be effective and the Village shall notify the applicant of the effectiveness of Registration in writing. If the Village determines that the information has not been submitted in accordance with Section 4B above, the Village shall notify the applicant of the non-effectiveness of Registration, and reasons for the non-effectiveness, in writing. The Village shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. A Registrant may cancel a Registration upon written notice to the Village noticing that it will no longer maintain Facilities in the Public Rights-of--Way and will no longer need to pull permits to perform work in Public Right-of--Way. Within 30 days of any change in the information required to be submitted pursuant to Section 4B, Registrant shall provide updated information to the Village. • \\A N ANCG\CLGRK\ORDINANCES\2001 ORDINANCES\rl NALCLEANCOPY~ELECOMORDINANCE-013001.DOC D. A Registration shall not convey title, equitable or legal, in the Public Right-of--Way. Registrants may only occupy Public Rights-of--Way for Telecommunications Facilities. Registration does not excuse a Telecommunications Provider from obtaining appropriate access or pole attachment before locating its Facilities on another Person's facilities. Registration does not excuse a Provider from complying with all applicable Village ordinances, including this Ordinance. E. Each application for Registration or transfer er-renewal shall be accompanied by a non-refundable application fee in the amount of Eight Hundred ($800.00) Dollars. The fee amount shall be equal to the Village's costs and expenses incurred in connection with approving the Registration or transfer. If the application fee is insufficient to cover all costs or expenses incurred by the Village in connection with approval of the Registration or transfer the applicant shall reimburse the Village for any such costs and expenses in excess of the application fee. Fee amounts, may be amended from time to time, by Resolution of the Village Council. This application fee may be credited against fees due under Section 5. F. Registration with the Village shall be nonexclusive. Registration does not establish any priority for the use of the Public Right-of--Way by a Registrant or any other Registrants. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further subject to any additional Village Ordinances, as well as any state or federal laws that may be enacted during the term of the Registration. Section 5. Fees and Payments. A. In consideration for the rights, privileges and permission granted hereunder, a Registrant hereunder shall pay to the Village annually a sum equal to one percent (1%) of Gross Receipts of the Registrant on Recurring Local Service Revenues for services provided within the \\rINANCEICLLRK\ORDINANCES\2001 ORDINANCES\FINALCLEANCOPYt ~LECOMORDINANCE-OI3001.DOC corporate limits of the Village. Included within such one percent (1%) maximum fee or consideration are all taxes, licenses, fees, in-kind contributions accepted pursuant to Florida Statute 337.401(5), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed by the Village upon a Registrant. In the event that applicable law currently permits or is amended to permit the Village to collect a fee higher than one percent (1%), or permits the Village to calculate the fee on revenues not specified herein, the Registrant shall pay, following v,7itten notice from the Village, its fee payments to the Village to that higher amount on the effective date of such law. In the event applicable law is amended to require the Village to collect a fee lower than the current statutory limit, the Village shall take all necessary steps to conform the requirements hereof to applicable law. All of the aforestated payments shall be made to the Village quarterly, with such payments made within twenty (20) days following the end of each calendar quarter. Payments received after the due date stated herein shall be subject to interest in accordance with the interest rate identified in Section 55.03, Florida Statutes, or its successors. B. A Registrant, that makes physical use of the Public Rights-of--Way, and who is not providing Telecommunications Services as defined in Section 203.012(3), Florida Statutes, as a condition for occupying or using the Public Rights-of--Way shall pay to the Village annually no less than Five Hundred Dollars ($500) per linear mile of any cable, fiber optic, or other pathway that makes physical use of the Public Rights-of--Way. The Village may adopt additional fees or other consideration, provided that any fee or other consideration imposed by the Village in excess of Five Hundred Dollars ($500) per linear mile shall be applied in a nondiscriminatory manner and shall not exceed the sum of: • \\FI NANC E\CLERK\ORDI NANCES0001 ORDINANCES\FI NALCLEANCOPYI'I~LECOMORDINANCE-013001.DOC (1) Costs directly related to the inconvenience or impairment solely caused by the disturbance of the Public Rights-of--Way; (2) The reasonable cost of the regulatory activity of the Village; and (3) The proportionate share of cost of land for such street, alley or other public way attributable to utilization of the Public Rights-of--Way by a Telecommunications Service Provider. The fee or other consideration imposed pursuant to this subsection shall not apply in any mamrer to any Telecommunications Company which provides Telecommunications Services as defined in Section 203.012(3), Florida Statutes for any services provided by such Telecommunications Company. C. Notwithstanding anything herein to the contrary, the Village shall at all times hereby require the maximum compensation allowed under applicable law. D. Except to the extent prohibited by applicable law: (1) the fee payments to be made pursuant to this Section shall not be deemed to be in the nature of a tax; (2) such fee payments shall be in addition to any and all taxes of a general applicability; (3) a Registrant shall not have or mane any claim for any deduction or other credit of all or any part of the amount of said fee payments from or against any of said Village taxes or other fees or charges of general applicability which Registrant is required to pay to the Village, except as required by Law; and (4) the fee specified herein is the caisideration for use of the Public Rights-of--Way, including all public easements, for the purpose of installing and maintaining a Telecommunications Facility. E. The payments required under this Section shall not apply as of October 1, 2001; or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended • \U I NANC F\CLE RK\ORDI NANCES0001 ORDINANCES\FINALCLEANCOPYt't~LECOMORDMANCE-O I3001.DOC effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000. Section 6. Reports and Records. A. The Village may, at its option, upon sixty (60) days notice to the Registrant, but in no event more often than once per year, examine the records and accounting files, and such other books and records, if such records relate to the calculation of fee payments. The examination of such books, accounts, records or other materials necessary for determination of compliance with the terms, provisions, and requirements of this Ordinance shall be during regular hours of business of the Registrant at an office of the Registrant located within the County, or at another location satisfactory to the Village. In the event that the Village, pursuant to an audit, determines that there exists a discrepancy in the amount paid and the amount owed to the Village by the Registrant in excess of two percent (2%), Registrant shall pay all reasonable costs, fees and expenses of the audit. This paragraph shall not apply for periods after October 1, 2001, or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth iti Chapter 00.260, Laws of Florida, 2000. 13. Upon reasonable request, a Registrant shall provide the following documents to the Village as received or filed: (1) Any pleadings, petitions, notices, and documents, regarding any legal proceeding involving any provisions of this Ordinance which are reasonably necessary for the Village to protect its interests under this Ordinance. (2) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy. • (3) Nothing in this section shall affect the remedies the Registrant has \\4lNANCE\CLGRK\ORDINANCES~2001 ORDINANCES\FINALCLEANCOPYI'P~LECOMORDINANCE-OI SOOLDOC available under applicable law. • C. In addition, the Village may, at its option, and upon reasonable notice to the Registrant, inspect the Facilities in the Public Rights-of--Way to ensure the safety of its residents. D. The Village shall keep any documentation, books and records of the Registrant catfidential to the extent required under Florida Statutes. Section 7. Underground Installation; Relocation. A. To the extent required by applicable Village rules and regulations and not inconsistent with applicable PSC rules and regulations, a Registrant shall install its Facilities underground. B. Every Registrant which places or constructs Telecommunications Facilities underground shall maintain appropriate participation in the regional notification center for subsurface installations. C. Any Telecommunications Facilities heretofore or hereafter placed upon, tinder, over, or along any Public Rights-of--Way that is found by the Village to be unreasonably interfering in any way with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion of such Public Rights-of--Way shall, upon written notice to the Registrant or its agent, be removed or relocated, within thirty (30) days of such notice, by such Registrant at its own expense in accordance with Section 337.403, Florida Statutes. The Village Manager may extend the time within which a Registrant shall remove or relocate a Telecommunications Facility, for good cause shown. D. The Registrant shall not in any way displace, damage, or destroy any facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other \\FI NANCE\CLERK\ORDINANCES\7001 ORDINANCES\FINALCLEANCOPYt'{.~LECOMORDINANCE-OUOOLDOC pathway or any other facilities belonging to the Village. The Registrant shall be liable to the Village for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the Village, and the Registrant shall pay such costs upon demand. In the case of an emergency, the Village may commence repairs without any prior notice to the Registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency the Village may cause the repairs to be made at the Facility's owner expense, utilizing Village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the Village to the Registrant. In all other non-emergency circumstances, the Registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar days after receiving notice, the Village may, cause the repairs to be made at the Facility's owner expense, utilizing Village employees, agents or contractors, chazge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the Village to the Registrant. E. Subject to Section 337.403, Florida Statutes, whenever an order of the Village requires such removal or change in the location of any Telecommunications Facility from the Public Rights-of--Way, and the Facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the Village may proceed to cause the Telecommunications Facility to be removed. The expense thereby incurred except as provided in Section 337.403(1)(a)-(c), shall be paid out of any money available therefor, and such expense shall be charged against the owner of the Telecommunications Facility and levied, collected and paid to the Village. • \\F'I NANCE\C'LE RK\ORDINANCESQ001 ORDINANCES\FI NALCLEANCOPYI'~LECOMORDMANCE-01 J00 LDOC F. Subject to Section 337.404, Florida Statutes, whenever it shall be necessary for the • Village to remove or relocate any Telecommunications Facility, the owner of the "Telecommunications Facility, or the owner's chief agent, shall be given written notice of such removal or relocation and an order requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days in which to file an appeal with the Village Council to contest the reasonableness of the order. Upon receipt of a written appeal, the Village Council shall place the matter on the Council's agenda for consideration within forty-five (45) working days. Should the owner or the owner's representative not appear, the determination of the cost to the owner shall be final, in accordance with Section 337.404, Florida Statutes. G. To the extent permitted by law, a final order of the Village shall constitute a lien on any property of the owner and may be enforced by filing an authenticated copy of the order in the off ice of the Clerk of the Circuit Court of the County wherein the owner's property is located. H. The Village retains the right and privilege to cut or move any Facilities located within the Public Rights-of--Way of the Village, as the Village Manager in his/her reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Village shall attempt to notify the owner of the Facility, if known, prior to cutting or removing a Facility and shall notify the owner of the Facility, if known, after cutting or removing a Facility. I. Upon abandorunent of a Facility within the Public Rights-of--Way of the Village, the owner of the Facility shall notify the Village within ninety (90) days. Following receipt of such notice, the Village may direct the Facility owner to remove all or any portion of the Facility if the P81 N ANCE\CLF. RK\ORDI NANCESQ001 ORDINANCES\FI NALCLEANCOPYI'~:LECOMORDINANCE-01300 LDOC Village determines that such removal will be in the best interest of the public health, safety and • welfare. In the event that the Village does not direct the removal of the abandoned Facility by the owner of the Facility and the facility owner chooses not to remove its facilities, then such owner, by its notice of abandonment to the Village, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by another utility or person. Section 8. Use of Rights-of--Way. A. A Facility owner agrees at all times to comply with and abide by all applicable provisions of the State statutes and local laws including, but not limited to, applicable zoning regulations not inconsistent with State and Federal laws. B. Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, and which shall require subsequent notification to the Village, no Telecommunications Service Provider shall construct any Facility on, over, above, along, upon, under, across, or within any Public Right-of--Way which disrupts the Public Rights-of--Way without first filing an application with and obtaining a permit from the Village therefor, pursuant to applicable permitting requirements of the Village, and other applicable Village Code requirements, except as otherwise provided in this Ordinance. In case of the repair or maintenance of an existing Facility, the Village may impose lesser requirements than those set forth herein. Unless otherwise required by the Village Code, no permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the Public Rights-of--Way. C. As part of any permit application, with respect to new or existing facilities, where applicable, in the Public Rights-of--Way, the Registrant shall provide a proposal for construction of the "Telecommunications Facility that sets forth at least the following: • \\FI N ANCLIC LE RK~ORDI NANCES0001 ORDINANCES\FI NALCLEANCAPYI'P~LECOMORDINANCE-013001.DOC (1) An engineering plan signed and sealed by a Florida Registered Professional • Engineer or prepared by a person who is exempt from such registration requirements as provided in Section 471.003, Florida Statutes, identifying the location of the proposed Facility, including a description of the Facilities to be installed, where it is to be located, and the approximate size of Facilities and equipment that will be located in, on, over, or above the Public Rights-Of--Way. (2) A description of the manner in which the System will be installed (i.e. anticipated construction methods and/or techniques), the time required to construct the System, a maintenance of traffic plan for any disruption of the Public Rights-of--Way, information on the ability of the Public Rights-of--Way to accommodate the proposed System, if available (such information shall be provided without certification as to correctness, to the extent obtained from other users of the Public Rights-of--Way), and, if appropriate given the System proposed, an estimate of the cost of restoration to the Public Rights-of--Way. Such plan shall include the timetable for construction for each phase of the project, and the areas of the Village which will be affected. (3) The Village may request such additional information as it finds reasonably necessary to review an application for a permit to perform work in the Public Rights-of--Way. D. To the extent not otherwise prohibited by State or Federal law, the Village shall have the power to prohibit or limit the placement of new or additional facilities within the Public Rights- o1=Way, if there is insufficient space to accommodate all of the requests to occupy or use the rights- of=way, for the protection of existing facilities in the Public Rights-of--Way, or for Village plans for public improvements which have been determined by the Village to be in the public interest. E. AlI Facilities shall be installed, located and maintained so as not to unreasonably interfere with the use of the Public Rights-of--Way by the public and to cause unreasonable • \\FI NANCF.\CLERR\ORDINANCESQ001 ORDINANCES\FI NALCLEANCOPYI'~LECOMORDMANCE-01300 LDOC interference with the rights and convenience of property owners who adjoin any of the Public Rights- . of=Way. The Registrant shall be liable for costs and expenses for the displacement, damage or destruction of any irrigation system or landscaping within the Public Rights-of--Way, to the extent ^ot covered by the construction bond. In the event the Registrant fails to make the appropriate repairs, to restore such property to as good a condition as existed prior to commencement of work, the affected property owner may file a complaint with the Village Manager or a designee. In this instance, the Registrant shall be given prior written notice of the necessary repairs by the Village Manager or the designee. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar days after receiving notice, the Village may cause the repairs to be made at the Facility's owner expense, utilizing Village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the Village to the Registrant. After thirty (30) days, the Village may obtain reimbursement from the security fund. The "prior written notice" described in this paragraph shall be considered a final written decision for purposes of the appellate rights outlined in Subsection (P) of this Section. The use of trenchless technology (i.e., directional bore method) for the installation of Facilities in the Public Rights-of--Way as well as joint trenching and/or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever possible. G. The Village may issue such additional rules and regulations concerning the placement a1Ld maintenance of a Telecommunications Facility in the Public Rights-of--Way, as may be consistent with applicable Law and not inconsistent with this Ordinance. H. All safety practices required by applicable Law or accepted industry practices and standards shall be used during construction, maintenance, and repair of the Telecommunications • \61NANCE~CLERK\ORDINANCESR001 ORDINANCESffINALCLEANCOPYI'[f LECOMORDINANCE-01300L60C Facilities. • I. In the event that at any time during the term of the rights granted herein the Village shall lawfully elect to alter, or change the grade of, any Public Rights-of--Way, upon reasonable notice by the Village, the Registrant shall make any necessary removals, relaying and relocations of its Telecommunications Facilities at its own expense, in accordance with applicable Law. J. A Facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any Public Rights-of- Way as a result of its construction, except as provided herein. The Facility owner shall, at its own expense, restore such property to as good a condition as existed prior to commencement of work. A Registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory manner within thirty (30) calendar days after the completion of construction, the Village may, after prior written notice to Registrant, cause the repairs to be made at the Facility's owner expense, utilizing Village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the Village to the Registrant. A permit from the Village constitutes authorization to undertake only certain activities on Public Rights-of--Way in accordance with this Ordinance, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the Public Rights-of--Way. K. All ongoing installation, construction and maintenance of a Telecommunications Facility located in the Public Rights-of--Way shall be subject to the Village's periodic inspection, upon no less than three (3) days written notice to the Facility owner, for compliance with this Ordinance, or any applicable provisions of the Village Code. • \J' I N ANCE~CLE RK\ORDI NANCES0001 ORDINANCES~FINALCLEANCOPI*i'~LECOMORDINANCE-O I3001.DOC L. A Facility owner shall not place its Facilities so as to interfere unreasonably with any other person lawfully using the Public Rights-of--Way of the Village. M. A Facility owner shall cooperate with the Village by providing timely and complete information requested under this subparagraph. Upon completion of any installation or construction of new facilities in Public Right-of-Way, at no cost to the Village, the Facility Owner shall provide such information, as may be requested, showing the exact location of its facilities and structures, including but not limited to, as-built plans, maps, geographical information systems, plats, construction documents, drawings and any other information the Village may find reasonably necessary. Such plans shall be provided in digitized format showing the two-dimensional location of the Facilities based on the Village's Geographical Database datums, or other format acceptable to the Village Manager. All information required by this section shall be maintained in accordance with Section 202.195, Florida Statutes. N. Suspension or denial of Permits. Subject to Subsection P below, the Village Manager or a designee may suspend or deny a permit for work in the Public Rights-of--Way for one or more of the following reasons: (1) violation of permit conditions, including conditions set forth in this Ordinance or other applicable provisions of the Village Code or regulations governing use of Public Rights-of--Way; or (2) misrepresentation or fraud by Registrant in a Registration or a permit application to the Village; or (3) failure to relocate or remove facilities as may be lawfully required by the Village; or \JI NANCE\CLE RK\ORDINANCE S\2001 ORDINANCES\FINALCLEANCOPY~'f~LECOMORDINANCE-013001.DOC (4) failure of Registrant, its employees, agents or subcontractors, in connection with the subject permit, to (a) place barricades or signs around the work area, (b) take reasonable safety precautions to alert the public of work at the work site, or (c) repair, replace and restore any sidewalk, street, alley, pavement, water, sewer or other utility line or appurtenance, soil, landscaping, dirt or other improvement, property or structure of any nature. In the event of such failure, the Village may perform the work utilizing Village employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the Village to Registrant. O. Immediately after the suspension or denial of permit pursuant to this Section, the Village shall provide written notice of the violation, which notice shall contain a description of the violation. A Final written decision of the Village Manager suspending a permit or denying an application for a Registration is subject to appeal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. P. An appeal must be filed with the Village within thirty (30) days of the date of the final, written decisions to be appealed. Any appeal not timely filed as set forth above shall be waived. The Village Council shall hear the appeal no later than forty five (45) days from the end of the thirty (30) day appeal period, unless waived by the Registrant. Q. In the event Registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers, by providing cable services, or any other services other than the provision of telecommunications service, or for providing any other use to existing or potential consumers, a Registrant shall seek such additional and separate authorization from Village for such activities as • \\FI NANCE\CLF,RK\ORDINANCES~I001 ORDINANCES\FI NALCLEANCOPY3'P~LECOMORDI NANCE-013001.DOC may required by applicable law. In the event that a Registrant is acting in its proprietary function • as a retail provider of telecommunications equipment or appliances, Registrant shall seek the appropriate permits and licenses from the Village. R. To the extent that any Person or Registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the Public Rights-of-Way of the Village, the Person or Registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the Village's rights, including requiring the removal of such facilities from the Public Rights-of-Way of the Village, regardless of the effect on the Persons ability to provide service or on the Registrant's ability to maintain its own telecommunications facilities in the Public Rights-of--Way of the Village. Any Person or Registrant leasing or otherwise using the facilities of a Registrant or other entity authorized to place and maintain facilities in the Public Rights-of--Way, may provide the Village with notice of its use of such facilities, describing the location of the facilities used and providing the Village with an address to which notices from the Village should be sent. In the event the Village exercises its lawful authority to require the removal or relocation of any such facilities, under this provision, such Person or Registrant leasing or otherwise using the facilities of a Registrant or other entity authorized to place and maintain facilities in the Public Rights-of--Way, shall receive notice from the Village of such removal or relocation of such facilities. The failure of the Village to provide notice, under this paragraph, shall not render the Village's actions under this paragraph invalid. Section 9. Involuntary Termination of Registration The involuntary termination of a registration may only be accomplished by an action of the • Village Council. The Village may declare the registration terminated and revoke and cancel all \U'I NANCE\CLF.RK\ORDINANCES\2001 ORDINANCES\FINALCLEANCOPY~'~LECOMORDINANCEA I3001.DOC privileges granted under that registration if (a) a federal or state authority suspends, denies, or revokes a Registrant's certification to provide telecommunications service, (b) the Registrant's use of the public right-of--way presents an extraordinary danger to the general public or other users of the right-of--way, or (c) the Registrant abandons all of its facilities. Prior to such termination by the Village resulting from a violation of any of the provisions of this subparagraph, the Registrant shall be notified by the Village Manager with a written notice setting forth all matters pertinent to such violation, and describing the action of the Village with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the Village Council, to accomplish the same. In the event of an entergency, the Village may take appropriate action in accordance with Section 7(D) of this Ordinance. In the event of a vote by the Village Council to terminate, the Registrant shall, within a reasonable time following such termination remove or abandon the facilities and take such steps as are necessary to render every portion of the facilities remaining within the public right-of--way of the Village safe. If the Registrant has either abandoned its facilities or chooses to abandon its facilities, the Village may either (1) require the Registrant's bonding company to remove some or all of the facilities from the public right-of--way and restore the public right-of--way to its proper condition or (2) the Village may require that some or all ofthe facilities be removed and the public right-of--way restored to its proper condition at the Registrant's expense, utilizing Village employees, agents or contractors, and charge any and all costs, and require reimbursement. The obligations of the Registrant and the bonding company hereunder shall survive, for a period of twenty four (24) months from, the termination of the registration. In the event of a termination of registration, this provision does not permit the Village to cause the removal of any facilities that are used to provide • \U'I NANCE\CLERK\ORDINANCE5~2001 ORDINANCES\FINALCLEANCOPY3'¢~LECOMORDINANCE-013001.DOC another service for which the Registrant holds a valid certification with the governing federal and • state teleconununications agencies and is properly registered with the Village, for such certificated service, under this Ordinance. Section 10. Compliance with Other Laws; Police Power. A Facility owner shall at all times be subject to and shall comply with all applicable }'ederal, State and local Laws. A Facility owner shall at all times be subject to all lawful exercises of the police power of the Village, to the extent not inconsistent with applicable Laws. Section 11. Transfer of Control; Sale or Assignment. A. If the Registrant transfers or assigns its Registration incident to a sale or other transfer of the Registrant's assets, the transferee or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any transfer, sale or assignment shall be provided to the Village within twenty (20) days of the effective date of the transfer, sale or assignment. In order for the transfer of Registration to be effective, the transferee or assignee must comply with the registration requirements under Section 4 of this Ordinance. B. Notwithstanding anything in this Ordinance, pledges in trust or mortgages or other hypothecations of the assets of the Registrant to secure the construction, operation or repair of its "Telecommunications Facilities may be made to any person without notice to the Village. Any mortgage, pledge, lease or other encumbrance of the Telecommunications Facilities shall be subject and subordinate to the rights of the Village by virtue of this Ordinance or other applicable law. Section 12. Insurance; Surety; Indemnification. A. A Facility owner shall at all times maintain the following liability insurance coverage • insuring the Registrant and naming the Village, its officers, boards, Council, Council members, \'d'1 NANCY\C'LGRK\ORDINANCESR001 ORDINANCES\FI NALCLEANCOPY~'Q~ LECOMORDINANCE-013001.DOC agents and employees as an additional insured: worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with respect to the construction, operation and maintenance of the Telecommunications Facilities, and the conduct of Registrant's business in the Village, in the minimum amounts of: (1) $2,000,000 combined single limit commercial general liability. B. All insurance policies shall be with sureties qualified and admitted to do business in the State of Florida; shall be with sureties with a minimum rating of A-V in Best's Key Rating Guide, Froperiy/Casualty Edition or higher except as provided in (D) below. The Village may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by Section 12(A) through excess or umbrella policies of insurance and where such policies are in a form acceptable to the Village's Risk Manager. C. A Registrant shall keep on file with the Village certificates of insurance which certificates shall indicate that the Village, its officers, boazds, Council, Council members, agents and employees are listed as additional insureds. In the event of a potential claim such that the Village claims insurance coverage, the Facility owner shall immediately respond to all reasonable requests by the Village for information with respect to the scope of the insurance coverage. D. The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be ef3"ective unless thirty (30) days' prior. written notice thereof has been given to the Village. A Registrant shall not cancel any required insurance policy without submission of proof that the Registrant has obtained alternative insurance satisfactory to the Village which complies with this Ordinance. A Registrant that elects to self-insure all or a portion of the insurance • \U'I NANCC:\CLERK\ORDMANCES0001 ORDINANCES\FINALCLEANCOPY3'~LECOMORDINANCE-01300 LDOC coverage and limit requirements required by this Section is not required, to the extent of such self- . insurance, to comply with the requirement for the naming of additional insureds under this Section. A Registrant that elects to self-insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under this Section, such as evidence that the Registrant is a "private self insurer" under the Workers Compensation Act. For purposes of this Section, "self-insure" shall also include a Registrant which insures through a "captive insurer" as defined in Section 628.901, Florida Statutes. E. A Registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the Village, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses sustained by the Village, arising out of the construction, maintenance or operation of its Telecommunications System or Facilities in the Public Rights-of--Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance, provided, however, that a Facility Owner's obligation hereunder shall not extend to any claims caused by the negligence of the Village. Village agrees to notify the Registrant, in writing, within a reasonable time of the Village receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the Village from participating in the defense of any litigation by its own counsel and at its own cost if in the Village's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted (1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida, and (2) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. \\rl NANCG\CLGRKIORDINANCESQ001 ORDINANCES\FINALCLEANCOPY~'r~LECOMORDMANCE-013001.DOC Section 13. Construction Bond. • A. Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, prior to performing any work in the Public Rights-of--Way, a Registrant may be required to establish in the Village's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the Registrant's faithful performance of the construction in the Public Rights-of--Way, in accordance with applicable sections of the Village Code. The amount of the construction bond shall be as set forth in the engineering permit, and may be modified in the Village Manager's reasonable discretion, based on the cost of the restoration to take place in the Public Rights-Of--Way, and any previous history of the Registrant concerning restoration within the Public Rights-of--Way of the Village. B. In the event a Registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the Village as a result, including the full amount of any compensation, indenmification or cost of removal or abandonment of any property of the Registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. C. Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the Village shall eliminate the bond. Notwithstanding, the Village may require a new bond For any subsequent work performed in the Public Right-of--Way. D. The construction bond shall be issued by a surety having a minimum rating of A-] in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the Village • \U'1 NANC. E\CLE RK\ORDI NANCESQ001 ORDINANCES\FINALCLEANCOPY3'~LECOMORDINANCE-013001.DOC Attorney; and shall provide that: • "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the Village, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew". E. The rights reserved by the Village with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the Village may have under this Ordinance, or at law or equity. F. The rights reserved to the Village under this Section are in addition to all other rights of the Village, whether reserved in this Ordinance, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the Village may have. Section 14. Security Fund. At the time of the Registrant's application, the Registrant shall file with the Village, for Village approval, a cash security, a bond, or irrevocable letter of credit, in the sum of Twenty Five Thousand Dollars ($25,000.00), in a form acceptable to the Village Attorney. The reputation and economic stability of the company presenting a bond or irrevocable letter of credit must be approved by the Village Attorney. The cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of this Ordinance, and to pay any taxes, fees or liens owed to the Village. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessary, and shall provide a continuing guarantee of the Registrant's full and faithful performance at all times. Should the Village draw upon the cash security, bond, or irrevocable letter of credit, the • Village shall promptly notify the Registrant, and the Registrant shall promptly restore the cash \\FI NANCE\CLERK\ORDINANCGS\p001 ORDINANCES\FI NALCLEANCOPY'i' j~LECOMORDINANCE-013001.DOC security, annual bond, or irrevocable letter of credit, to full required amount. In the event a Registrant • fails to perform its duties and obligations imposed upon the Registrant by the provisions of this Ordinance, subject to Section 15 below, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the Village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. In lieu of the cash security, bond, or irrevocable letter of credit, required by this Section, the Village may accept a corporate guarantee of the Registrant or its parent company provided that tl~e Village Attorney approves the reputation and economic stability of the company. The Village may from time to time increase the amount of the security fund to reflect the increased risks to the Village and to the public. Section 15. >Jnforcement Remedies. A. In addition to any other remedies available at law or equity or provided in this Ordinance, the Village may apply any one or combination of the following remedies in the event a Registrant violates this Ordinance, or applicable local law or order related to use of the Public Rights-of--Way: (1) Failure to comply with the provisions of this Ordinance or other law applicable to users and/or occupants of the Public Rights-Of--Way, may result in imposition of penalties to be paid by the Registrant to the Village in an amount of not less than One Hundred Dollars ($100.00) per day or part thereof that the violation continues. (2) In addition to or instead of any other remedy, the Village may seek legal or equitable relief from any court of competent jurisdiction. \\FINANCE\CLERK\ORDINANCES\2001 ORDINANCES\PINALCLEANCOPY3'~LECOMORDINANCEA 13001.DOC B. Before imposing a fine pursuant to this Section, the Village shall give written notice • of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the Registrant shall have thirty (30) days to cure the violation and the Village shall make good faith reasonable efforts to assist in resolving the violation. If the violation is not cured within that thirty (30) day period, the Village may collect al] fines owed, beginning with the first day of the violation, through any means allowed by law. C. In detennining which remedy or remedies are appropriate, the Village shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the Village determines are appropriate to the public interest. D. Failure of the Village to enforce any requirements of this Ordinance shall not constitute a waiver of the Village's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. E, hi any proceeding before the Village Council wherein there exists an issue with respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the Ordinance. The Village Council may find a Registrant that does not demonstrate compliance with the terms and conditions of this Ordinance in default and apply any one or combination of the remedies otherwise authorized by this Ordinance. F. The Village Manager or his/her designee shall be responsible for administration and enforcement of this Ordinance, and is authorized to give any notice required by Law. G. Nothing in this Ordinance shall affect the remedies the Registrant has available under • \61NANCr;~CLERK~ORDINANCES0001 ORDINANCESffINALCLEANCOPY~'I~LECOMORDINANCE-01300 LDOC applicable law. • Section 16. Force Majeure. ]n the event a Registrant's performance of or compliance with any of the provisions of this Ordinance is prevented by a cause or event not within the Facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance, causes or events not within a Facility owners control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Registrant's control, and thus not falling within this Section, shall include, without limitation, Registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees, contractors or agents. Section 17. Reservation of Rights. A. The Village reserves the right to amend this Ordinance as it shall find necessary in the lawfid exercise of its police powers. B. This Ordinance shall be applicable to all Telecommunications Facilities permitted to be placed in the Public Rights-of--Way, on or after the effective date of this Ordinance, and shall apply to all existing Telecommunications Facilities in the Public Rights-of--Way prior to the effective date of this Ordinance, to the full extent permitted by State and Federal Law. Providers with existing lines and cables have one hundred and twenty (120) days from the Effective Date of this Ordinance \\F INANCE\CLERK\ORDINANCES0001 ORDINANCESffINALCLEANCOPY3T~LECOMORDINANCEA1300LDOC to comply with the terms of this Ordinance, or be in violation thereof. • C. The Village reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this Ordinance. Registrant agrees to advise Village of any such suits. Section 3. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. All fees, charges and financial obligations previously accrued pursuant to any Ordinances repealed pursuant to Section 4 above shall continue to be due and owing until paid. Section 6. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 25th DAY OF JANUARY, 2001. PLACED ON SECOND, FINAL READING AND PASSED THIS 8th DAY OF FEBRUARY, 2001. t AYOR (VILLAGE SEAL) ,~ ATTEST: VILLAGE CLERK V.\ORUINANCES~001 ORDINANCESWI-2001 TELECOMMUNICATIONS O~INANCE.DOC