Res. No. 023-98-10290RESOLUTION NO.23-98-10290
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,OPPOSING FLORIDA HOUSE BILL
NO.3291 RELATING TO FRANCHISE FEES FOR UNDERGROUND
RIGHT-OF-WAY ACCESS TO BURY TELEPHONE LINES;THE CITY'S
OPPOSITION BEING MADE TO ANY PROPOSAL TO PLACE FURTHER
RESTRICTIONS OR LIMITATIONS ON FRANCHISE FEES CHARGED
BY MUNICIPALITIES TO FOR-PROFIT TELEPHONE COMPANIES FOR
SERVICES AND ALLOWING THEIR BUSINESS TO BE CONDUCTED
ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY
FROM CITIES;PROVIDING AN EFFECTIVE DATE.
The Mayor andCity Commission of theCity of SouthMiamiand,
WHEREAS,Florida House BillNo.3291is presently in committee for consideration
bythe forthcoming session of theFloridaLegislature,which concerns franchisefeespaidto
municipalities forthe underground right-of-wayaccesstobury telephone lines;and,
WHEREAS,the existing state law allows municipalities to charge telephone
companies upto1%of theirgrossrevenuesinfranchisefees,andthosefirmsthatprovide
cable television,gas and electricity pay similar fees;and,
WHEREAS,with the proposed bill,the telecommunications industry hopes to place
stricter limits on what cities may collect,which would give for-profit telephone companies
nearlyfreeaccesstolandforwhichthemunicipalitiesshouldbe justly compensated;and,
WHEREAS,languageintheproposedbillcouldfurtherpermittelephonecompanies
to conduct their business onpubliclandswithoutseeking "additional authority"fromthe
cities;
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The City of South MiamiCity Commission opposes Florida House Bill
No.3291,presently in committee inthe Florida Legislature,regarding franchise feesfor
underground right-of-way accesstoburytelephonelines.
Page 2 of Res.23-98-10290
Section2.Opposition toFloridaHouseBillNo.3291is specifically directed to
anyproposaltoplaceadditionalrestrictionsorlimitationsonfranchisefeeschargedbythe
municipalitiestofor-profittelephonecompaniesforservices,andfurthertopermittheir
business tobe conducted onpubliclands without seeking additional authority fromthecities.
Section 3.Thecity clerk is hereby directed to transmit a copy of this resolution
bytelefacsimiletothePresident of theFloridaLeague of Citiesandtothesponsors of House
bill No.3291.
Section 4.This resolution shalltake effect immediately upon approval.
PASSED AND ADOPTED this20thday of January 1998.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
N:\EGalIop\Csmord-res\house hill 3291 res.doc
APPROVE
KStor
COMMISSION VOTE:5-0
Mayor Price:Yea
ViceMayor Robaina:Yea
Commissioner Oliveros:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea
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CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayorand Commission
From:Diana Morris
Interim City Manager
Date:January 16,1998
Agenda Item #
Subject:Comm.Mtg.1/20/98
Underground Right-of-Way
Thisresolutionisplacedontheagendaattherequest ofCommissioner Armando Oliveros,and
itopposes Florida HouseBill #3291,relatingto franchise feesforundergroundright-of-way
accesstoburytelephonelines.Thiswouldrestrictfeescharged by mumcipalities tofor-profit
telephonecompaniesforservicesandwouldallowtheirbusinesstobe conducted onpublic
lands without seeking additionalauthorityfromcities.