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(A) Final, written decisions of the City Manager, or his or her designee, suspending a permit, denying an application for a registration or denying an application for renewal of a registration are subject to appeal. An appeal must be filed with the City Clerk within 30 days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The City Commission shall hear the appeal. The hearing shall occur within 30 days of the receipt of the appeal, unless waived by the registrant, and a written decision shall be rendered within 20 days of the hearing. Upon correction of any grounds that gave rise to a suspension or denial, the suspension or denial shall be lifted.
(B) Nothing in this section shall effect the remedies the city has available under applicable law.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
(A) In the event the 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 or resellers, by providing any other services other than the provision of communications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from city for such activities as may be required by applicable law.
(B) To the extent that a registrant leases or otherwise uses the facilities of a person that is duly registered or otherwise authorized to place or maintain facilities in the public rights-of-way of the city, the registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the city's rights, including requiring the removal of such facilities from the public rights-of-way of the city, regardless of the effect on registrant's ability to place or maintain its own communications facilities in public rights-of-way of the city.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
(A) The city may terminate a registration if:
(1) A federal or state authority suspends, denies, or revokes a registrant's certification or local business tax receipt to provide communications services;
(2) The registrant's placement or maintenance of a communications facility in the public rights-of-way presents an extraordinary danger to the general public or other users of the public rights-of-way and the registrant fails to remedy the danger promptly after receipt of written notice; or
(3) The registrant ceases to use all of its communications facilities in public rights-of-way and has not complied with § 121.30 of this chapter.
(B) Prior to termination, the registrant shall be notified by the City Manager, or his or her designee, with a written notice setting forth all matters pertinent to the proposed termination action, including which of divisions (1) through (3) above is applicable as the reason therefore, and describing the proposed action of the city with respect thereto. The registrant shall have 30 days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the City Manager, or his or her designee, to accomplish the same. If the plan is rejected, the City Manager, or his or her designee, shall provide written notice of such rejection to the registrant and shall make a recommendation to the City Commission regarding a final decision as to termination of registration. A decision by a city to terminate a registration may only be accomplished by an action of the City Commission. A registrant shall be notified by written notice of any decision by the City Commission to terminate its registration. Such written notice shall be sent within seven days after the decision.
(C) In the event of termination, the former registrant shall:
(1) Notify the city of the assumption or anticipated assumption by another registrant of ownership of the registrant's communications facilities in public rights-of-way; or
(2) Provide the city with an acceptable plan for disposition of its communications facilities in public rights-of-way. If a registrant fails to comply with this division, the city may exercise any remedies or rights it has at law or in equity, including but not limiting to taking possession of the facilities, requiring the registrant's bonding company within 90 days of the termination to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to its original condition before the removal, or requiring that some or all of the facilities be removed and the public rights-of-way restored to its original condition before the removal at the registrant's expense.
(D) In any event, a terminated registrant shall take such steps as are necessary to render every portion of the communications facilities remaining in the public rights-of-way of the city safe.
(E) In the event of termination of a registration, this provision does not permit the city to cause the removal of any communications facilities that are used to provide another service for which the registrant holds a valid certification or local business tax receipt with the governing federal or state agency, where required, and is properly registered with the city for such certificated or licensed service, where required.
(Ord. 1380, passed 9-5-01; Am. Ord. 1576, passed 4-18-07; Am. Ord. 1760, passed 10-2-13)
A communications services provider with an existing communications facility in the public rights-of-way of the city has 60 days from the effective date of this chapter to comply with the terms of this chapter, including, but not limited to, registration, or be in violation thereof. This provision shall not require removal or alteration of communications facilities, wireless facilities, utility poles or wireless support structures placed or maintained in the public rights-of-way pursuant to a previously issued permit prior to the effective date of this section unless such facilities are abandoned or otherwise required to be altered or removed.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
(A) A registrant shall not commence construction, operation or maintenance of the facility without obtaining all insurance required under this section and approval of such insurance by Risk Management of the city, nor shall a registrant allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the registrant has facilities in the public rights-of-way, and for a period thereafter as specified in the minimum coverages described below. If the registrant, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved.
(B) Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager Coordinator. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the public rights-of-way as of the effective date of this chapter, the certificate shall be filed within 60 calendar days of the adoption of this chapter, annually thereafter, and as provided below in the event of a lapse in coverage.
(C) These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least 45 calendar days prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial ratings must be no less than "A-VI" in the latest edition of Best’s Key Rating Guide, published by A.M. Best Guide. A registrant may self-insure. Self insured status must be confirmed with certification of same by presentation of financial statements which are not more than one year old and signed by the registrant's Chief Financial Officer or designee. Information contained therein is subject to review and approval by city's Risk Management Division.
(D) In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of this contract, then in that event, the registrant shall furnish, at least 30 calendar days prior to the expiration of the date of such insurance, a renewed certificate of insurance of equal and like coverage.
(E) A registrant and its contractors or subcontractors engaged in work on the operator's behalf in, on, under or over public rights-of-way, shall maintain the following minimum insurance:
(1) Comprehensive general liability insurance. To cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability:
(a) Bodily injury
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
(b) Property damage
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
(c) Personal injury
(i) Annual aggregate $3,000,000
(d) Completed operations and products liability shall be maintained for two years after the abandonment of the facility by the registrant (in the case of the registrant) or completion of the work for the registrant (in the case of a contractor or subcontractor).
(e) Property damage liability insurance shall include coverage for the following hazards: X-explosion, C-Collapse, U-underground.
(2) Workers’ compensation insurance. Shall be maintained to comply with statutory limits for all employees, and in the case any work is sublet, each registrant shall require the subcontractors similarly to provide workers’ compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each registrant. Each registrant and its contractors and subcontractors shall maintain employers’ liability insurance. The following limits must be maintained:
(a) Workers’ compensation - statutory
(b) Employers’ liability - $500,000 per occurrence
(3) Comprehensive auto liability.
(a) Bodily injury
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
(b) Property damage
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
Coverage shall include owned, hired and non-owned vehicles.
(F) Each communications service provider shall hold the city, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction, operation or repair of its communications facility and name the city as an additional insured.
(G) This section shall not be construed to affect in any way the city’s rights, privileges and immunities as set forth in F.S. § 768.28. Insurance under this section shall run continuously with the presence of the registrant's facilities in the public rights-of-way and any termination or lapse of such insurance shall be a violation of this section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the city may, in its sole discretion, require increased or decreased levels of insurance for any other object placed in the city 's public rights-of-way by way of individual local business tax receipt agreements.
(Ord. 1380, passed 9-5-01; Am. Ord. 1576, passed 4-18-07; Am. Ord. 1760, passed 10-2-13)
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