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7.12.01.- Short Title. <br /> This Part shall be known, and may be cited, as the "City of Zephyrhills Communications <br /> Right-of-Way Utilization Ordinance." <br /> 7.12.02. - Findings,Intent and Scope. <br /> 7.12.02.01 The City Council hereby makes and declares the following findings: <br /> (1) The Public Rights-of-Way within the City of Zephyrhills are a unique and physically <br /> limited resource and important amenity that are critical to the travel and transport of <br /> persons and property in the City; <br /> (2) The demand for telecommunications services has grown exponentially in recent years, <br /> requiring the continual upgrading of telecommunications equipment and services to <br /> satisfy such demand; <br /> (3) The placement of telecommunications equipment and facilities in the Public Rights-of- <br /> Way to satisfy the demand for telecommunications services raises important issues with <br /> respect to the City's responsibility to manage its Public Rights-of-Way; <br /> (4) The Public Rights-of-Way shall be managed and controlled in a manner that enhances <br /> the health, safety and general welfare of the City and its citizens; <br /> (5) The use and occupancy of the Public Rights-of-Way by providers of communications <br /> services shall be subject to regulation which can ensure minimal inconvenience to the <br /> public, coordinate users, maximize available space, reduce maintenance and costs to <br /> the public, and facilitate entry of an optimal number of providers of cable, <br /> telecommunications, and other services in the public interest; <br /> (6) Section 166.041,Florida Statutes,provides for procedures for adoption of an ordinance <br /> which is a regulation of general and permanent nature and enforceable as local law; <br /> (7) Section 337.401, Florida Statutes, provides that because federal and state law require <br /> the nondiscriminatory treatment of providers of telecommunications services and <br /> because of the desire to promote competition among providers of communications <br /> services, it is the intent of the Florida Legislature that municipalities and counties treat <br /> providers of communications services in a nondiscriminatory and competitively neutral <br /> manner when imposing rules or regulations governing the placement or maintenance <br /> of Communications Facilities in the public roads or Public Rights-of-Way; and <br /> (8) To promote the public health, safety and general welfare, it is necessary to (i) provide <br /> for the placement or maintenance of Communications Facilities in the Public Rights- <br /> of-Way within the City limits, (ii) adopt and administer reasonable rules, regulations <br /> and general conditions not inconsistent with applicable state and federal law, (iii) <br /> manage the placement and maintenance of Communications Facilities in the Public <br /> Rights-of-Way by all Communications Services Providers, (iv)minimize disruption to <br /> the Public Rights-of-Way, and (v) require the restoration of the Public Rights-of-Way <br /> to original condition. <br /> 7.12.02.02 The City Council hereby makes and declares the following as its legislative <br /> intent in adopting this Ordinance: <br /> (1) These rules and regulations shall be generally applicable to all providers of <br /> communications services and, notwithstanding any other law, may not require a <br /> provider of communications services to apply for or enter into an individual license, <br /> franchise, or other agreement with the City as a condition of placing or maintaining <br /> Communications Facilities in its Public Rights-of-Way; and <br /> (2) It is the City's intent to exercise the City's retained authority to regulate and manage <br /> the City's Public Rights-of-Way in exercising its police power over Communications <br /> Page 2of31 <br />