HomeMy WebLinkAbout1402-20 Repeal Right of Way Cell OrdinanceINSTR# 2020125684 OR BK 10150 PG 518 Page 1 of 2
08/04/2020 10:13 AM Rcpt: 2189131 Rec: 18.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE NO.: 1402-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, REPEALING ORDINANCE NO.: 1379-
19 AND PART 7.12.00 OF THE CITY'S LAND DEVELOPMENT
CODE RELATING TO COMMUNICATIONS FACILITIES IN
PUBLIC RIGHTS-OF-WAY PROVIDING FINDINGS; PROVIDING
FOR INCLUSION IN THE CODE, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted and the governor signed into law, effective
July 1, 2017, the Advanced Wireless Infrastructure Deployment Act (the "Act"), codified at Fla.
Stat. §337.401, which places certain limitations on local government authority to regulate wireless
Communications Facilities within the Public Rights -of -Way; and
WHEREAS, passage of the Act necessitates that the City amend the City Code in order to
implement the Act, ensure that the City's regulations governing wireless Communications
Facilities in the Public Rights -of -Way are consistent therewith, and to adopt new regulations as
are consistent with the Act; and
WHEREAS, the City passed Ordinance 1379-19 on its second reading on the 8"' day of
April, 2019 creating Part 7.12.00 "Communications Facilities in Public Rights -of -Way" of the
City's Land Development Code; and
WHEREAS, in 2019, the Act was substantially modified to preempt many powers of local
government local government authority to regulate the installation of small wireless facilities
placed on Utility Poles in the Public Rights -of -Way; and
WHEREAS, the City finds that it is necessary to repeal Ordinance 1379-19 as many of its
contents do not now confirm with the modified Act.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, as follows:
Section 1. Recitals.
The Whereas Clauses above are true and accurate and are incorporated by reference
and made a part of this Ordinance.
Section 2. Authority.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the
home rule powers of the City.
Section 3. Repeal of Ordinance 1379-19.
City of Zephyrhills Ordinance 1379-19 Communications Facilities in Public
Rights -of -Way shall be repealed in its entirety. Additionally, Part 7.12.00 of the City's Land
Development Code which was created by Ordinance 1379-19 shall also be repealed in its entirety.
Section 4. Severability.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if
any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 5. Inclusion into the Code.
It is the intent of the City Council that the provisions of this Ordinance shall become and
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
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OR BK 10150 PG 519 Page 2 of 2
renumbered or re -lettered and the word "ordinance" may be changed to "section," "part," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
The foregoing Ordinance No. 1402-20 was read and passed on the first reading in an open and
regular rr'teeting of'the 11 City Council of the City of Zephyrhills, Florida, on this 13th day of July,
2020`
Attest ,
Logi L. Hllman,City Clerk Jodi Wilkeson, Council Vice President
The"'reg�ng— rdmaiYde No. 1402-20 was read and passed on the second reading, following a
public earing,e in afk open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on ihi's`27th day of July, 2020.
e 9
Attest
�n
Lori L. HilTm Cit Clerk Charles E. Proctor, Council President
The. foregotpg Ordinance No. 1402-20 was approved by me this 27th day of July, 2020.
J.
U
Gen Whitfield, NAYor
Approved as to legal form and legal content
Matthew E. Maggard, Ci Attorney
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