1402-20 Repeal Right of Way Cell Ordinance

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INSTR# 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 City of Zephyrhills Ordinance 1379-19 Communications Facilities in Public Rights -of -Way shall be repealed in its entirety.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 Page 1 of 2