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ORDINANCE NO. 2000-.:tL AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REGULATING TELECOMMUNICATIONS COMPANIES' USE OF THE PUBLIC RIGHTS-OF-WAY; REQUIRING A LICENSE AND LICENSE FEES; PROVIDING FOR TERM OF LICENSE, TRANSFERS, RENEWALS, AUDITS AND REPORTS; PROVIDING SAFETY AND CONSTRUCTION STANDARDS; REQUIRING INSURANCE, BONDING AND INDEMNIFICATION; PROVIDING TERMINATION; PROVIDING CONSUMER PROTECTION; PROVIDING ENFORCEMENT REMEDIES AND APPEALS; AMENDING CHAPTER 8CC-I0 OF THE CODE OF MIAMI-DADE COUNTY PROVIDING FOR CIVIL PENAL TIES; PROVIDING SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") has and reserves the right to exercise municipal police powers over the use of its highways, streets, alleys, rights-of-way and public places and to receive a reasonable and non-discriminatory. for the use of all rights of way; and WHEREAS, the City's rights-of-way 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 and are used by the City to provide critical services to its citizens, including electrical services, services to protect public safety and water and other public utilities; and WHEREAS, the City is authorized by federal and state law to control the use of public rights-of-way, and to franchise operations of telecommunications systems, open video systems and cable systems which use such rights-of-way; and WHEREAS, the City's rights-of-way are a unique and physically limited resource so that proper management by the City is necessary to maximize the efficiency and to minimize the costs of the taxpayers of the foregoing uses, to protect against foreclosure of future economic expansion because of premature exhaustion of the public rights-of way as an economic resource and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, emplacement, relocation and maintenance in the rights-of- way; and WHEREAS, the City desires to ensure the aforesaid rights-of-way used are utilized and promptly restored to a safe and secure condition to protect the health, safety and welfare of the citizens; and WHEREAS, the right to place facilities and fixtures in such rights-of-way for the business of providing telecommunications services for hire, cable services or open video services is a valuable economic right to use a unique public resource that has been acquired and is maintained at great expense to the City and its taxpayers, the economic benefit of which should be shared with the taxpayers of the City; and Telecommunications Right-of-Way Ord. LMD:ch/pwalker 4/5/00 - 12:41 PM 1