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ORDINANCE NO. 2018-577 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 113 (SECTIONS 113-1 THROUGH 113-35) ENTITLED "CABLE TELEVISION" ORDINANCE; PROVIDING FOR SEVERABILTY AND REPEALER; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Sunny Isles Beach, Florida ("City") staff periodically reviews City Ordinances and makes recommendations to the City Commission to revise its Ordinances; and WHEREAS, the City Commission of the City of Sunny Isles Beach has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Sunny Isles Beach by regulating the use of the public rights-of-way.by cable television providers; and WHEREAS, Chapter 610, Florida Statutes, addresses the provision of cableand video service in Florida, and provides: "Notwithstanding any other provision of law, a municipality ... may require the issuance of a permit in accordance with and subject to s. 337.401 to a certificate holder that is placing and maintaining facilities in or on a public right-of-way in the municipality or county. In accordance with s. 337.402, the permit may require the permit holder to be responsible, at the permit holder's expense, for any damage resulting from the issuance of such permit and for restoring the public rights-of-way to its original condition before installation of such facilities. The terms of the permit shall be consistent with construction permits issued to other providers of communications services placing or maintaining communications facilities in a public right-of-way;" and WHEREAS, it is the City Commission's intent to exercise its authority over the placement and maintenance of communications facilities in its rights-of-way to the full extent consistent with applicable state and federal law; and WHEREAS, the City's rights-of-way are essential for the travel of persons and the . transport of goods throughout the City and are a unique and physically limited resource requiring - - proper management by the City to ensure public safety, maximize efficiency, minimize costs to City taxpayers for the foregoing uses, reasonably balance the potential inconvenience to and negative effects upon the public from the placement and maintenance of cable television facilities in the rights-of-way_against the substantial benefits that accrue from such placement and maintenance, and promote the public health, safety and general welfare; and _ WHEREAS, a duly noticed public hearing as required by law was held by the City Commission of the City of Sunny Isles Beach, at which public hearing all residents and interested persons were-given an opportunity to be heard; and -