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ORDINANCE NO. 2009 - ~9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 238 OF THE CITY CODE TO ESTABLISH NEW GUIDELINES FOR RIGHT- OF-WAY MANAGEMENT; PROVIDING FOR REPEALER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has invested millions to replace old sidewalks with new decorative sidewalks; and WHEREAS, the City wishes to protect the investment that it has made In its infrastructure; and WHEREAS, utility companies are required to place markings in the public rights-of-way before preparing to excavate or demolish; and WHEREAS, the location marks placed by utility owners are not aesthetically pleasing and create a public nuisance; and WHEREAS, the City wishes to impose additional requirements for the placement of markings that are consistent with Section 556.105, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Amendment. Chapter 238 of the Sunny Isles Beach Code is hereby amended to add the following new sections: Section 238-13. Obtainine: Authorization to Identify and Mark Undere:round Facilities. (a) Any member operator who in accordance with the "Underground Facility Damage Prevention Safety Act", Chapter 556, Florida Statutes performs identification and marking of underground facilities must obtain from the Public Works or Building Department, an authorization to occupy the public rights-of-way for these purposes. (b) Requests for authorization to occupy the right-of-way will be processed in a manner that does not interfere with the time requirements stated in Section 556.105 Florida Statutes. Page I 01'3