1379-19 Right-of-Way Cell Towers

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I I this Part,'including, but not limited to, attorney's fees an costs of any action or proceeding, and the cost of removal or abandonment of any property. 7.12.18. - Security Fund. Every Communications Services Provider shall m e a Twenty-Five Thousand Dollar ($25,000) cash deposit or shall file with the City an irrevocable letter of credit or acceptable equivalent in the same amount, which shall serve, and be refdrred to, as the "Security Fund." The Security Fund shall be conditioned upon the full and faithful compliance with and performance by the Communications Services Provider of all requirements, d ties and obligations imposed by the provisions of the City of Zephyrhills Communications Right of-Way Utilization Ordinance at all times. The letter of credit shall be in a form and issued by institution acceptable to the City Manager, or his/her designee. Should the City draw upon t e Security Fund, it shall promptly notify the Communications Services Provider, and the Counications Services Provider shall promptly restore the cash deposit or letter of credit to the full amount. The Security Fund shall be maintained until the later of (a) the effective date of tr nsfer, sale or assignment by the Communications Services Provider of all its Facilities in The Public Rights-of-Way, (b) 12 months after the removal or abandonment by the Communications Seprices Provider of all of its Facilities in the Public Rights-of-Way or (c) six (6) months after the tehnination of Registration, including any appeals undertaken pursuant to Section 7.12.11 of this art. Upon the later of the aforesaid events, the cash deposit shall be returned without interest or e letter of credit may be cancelled. In the event a Communications Services Provider fails to perform any requirement, duty or obligation imposed upon it by the provisions of this Part, th re shall be recoverable,jointly and severally from the Security Fund, any damages or loss suffe ed by the City as a result, including the full amount of any compensation, indemnification 4 r cost of removal, relocation or abandonment of any Facilities in Public Rights-of-Way,plus reasonable allowance for attorneys' fees,up to the full amount of the Security Fund. 7.12.19. - Enforcement. 7.12.19.01 No provision of this Part shall be deem d to bar the right of the City to seek or obtain judicial relief from a violation of any provi ions of this Part, the Registration provisions, or any rule, regulation or general conditio provided for hereunder, whether administratively,judicially or both. Neither the existence of other remedies identified in this Part nor the exercise thereof shall be deemed to bar or of erwise limit the right of the City to recover fines,penalties or monetary damages (except wh re liquidated damages are otherwise prescribed) for such violation by the Communication Services Provider. The remedies available to the City shall be cumulative and in addition to,any other remedies provided by law or equity. The laws of the State of Florida shall govern wIith respect to any proceeding in law or equity pertaining to the enforcement of this Part or anY cause of action arising out of or in connection herewith. 7.12.19.02 A Communications Services Provider's failure to comply with provisions of this Part shall constitute a City Code violation and shall subject the Communications Service Provider to the code enforcement provisions and procedures as provided in the City Code of Ordinances. 7.12.19.03 In any proceeding before the City CouFcil where there exists an issue with respect to a Communications Services Provider's perfo ance of its obligations pursuant to this Part,the Communications Services Provider shall begiven the opportunity to provide such information as it may have concerning its compliance wlith the terms and conditions of this Part. The City may find a Communications Servicesprovider that does not demonstrate compliance with the terms and conditions of this Part i . and apply any appropriate remedy or remedies as authorized by this Part. In dete fining which remedy is appropriate, the City Council shall take into consideration the nature of the violation, the Person bearing the impact of the violation, the nature of the remedy equired in order to prevent further violations, and such other matters as the City Council det rmines are appropriate to the public interest. 7.12.19.04 The City Manager or his/her desi ee, Planning Director or his/her designee, and Public Works Director or his/her ddsignee, shall be responsible for Page 29 of 31