Resolution 094-2016 RESOLUTION NO. 094 -2016
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS DECLARING THE INTENTION OF THE COUNTY
TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING THE
COUNTY'S CODE RELATING TO USE OF THE RIGHT-OF-WAY
FOR UTITLITES; PROVIDING THAT FROM THE DATE OF
ADOPTION OF THIS RESOLUTION AND DURING THE PENDENCY
OF CONSIDERATION OF SUCH ORDINANCE BY THE COUNTY,
THE COUNTY WILL NOT PROCESS OR APPROVE PERMIT
APPLICATIONS THAT WOULD NOT CONFORM WITH THE
PROPOSED AMENDMENTS; DIRECTING STAFF TO PUBLISH A
NOTICE OF INTENT TO ADOPT SUCH ORDINANCE; PROVIDING
FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,F.S. 337.401 authorizes the County to impose nondiscriminatory and competitively
neutral rules and regulations concerning the placement or maintenance of communications facilities; and
WHEREAS,the County staff wishes to have the Monroe County Board of County
Commissioners (BOCC) consider adoption of an amendment to the County's Right-of-Way(ROW) code,
specifically Chapter 19, Section 19-36 establishing rules and regulations relating to placement or
maintenance of communications facilities; and
WHEREAS, County staff is actively pursuing a change to the ROW code and intends to bring an
ordinance back before the BOCC for consideration and approval,but Staff needs additional time to draft
said ordinance; and
WHEREAS,the County wishes to definitively place all parties on notice that it is
considering amending the Monroe County Code relating to the placement of communication
facilities within the County's ROW and that all providers of communication services that are
considering permit applications in the County will be reviewed for compliance with such
changes as of the adoption date of this resolution.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA AS FOLLOWS:
Section 1. The above recitals are true, correct, and incorporated herein by this reference.
Section 2. Declaration of Intent. The Board of County Commissioners hereby declares
its intention to consider adoption of an ordinance amending the County's Code relating to the
placement or maintenance of communication facilities in the County's Right-of-way.
Section 3. Notice. Pursuant to the pending legislation doctrine set forth in Smith v. City
of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980), all persons and entities that plan to seek a ROW
permit within the County shall be deemed to be on notice that:
a) The County is considering the adoptions of regulations relating to placement and
maintenance of communication facilities in the County's ROW;
b) The rules and regulations are considered pending or "in progress"; and
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c)Any reliance upon current regulations or expenditure of funds or efforts in reliance on
current regulations,until the regulations are considered by the Board of County Commissioners and
adopted and effective, or determined that they will not be adopted, is not reasonable and is at the risk
of the applicant.
Section 4. Processing of ROW Permit Applications.
a) County staff shall defer the processing of ROW permit applications relating to placement
and maintenance of communication facilities within the County's ROW and the issuance of ROW
permits relating to the placement and maintenance of communication facilities in the County's ROW
as follows:
1) Such deferral in processing ROW permit application is temporary and shall automatically
dissolve upon the passage of one hundred eighty(180) days from the effective date of this
Resolution, or until new Code/Ordinance or amended Code/ordinance is adopted by the BOCC,
whichever occurs first.
Section 5. Publication.The County is hereby directed to publish a Notice of Intention
to consider adoption of an ordinance in a newspaper of general circulation in the County
Section 6. Severability.The provisions of this resolution are declared to be severable,
and if any sentence, section, clause or phrase of this resolution shall, for any reason, be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sentences,
sections, clauses or phrases of the resolution,but they shall remain in effect it being the legislative
intent that this resolution shall stand notwithstanding the invalidity of any part.
Section 7. Effective Date.This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED BY THE BOARD OC COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 20`h of April, 2016.
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Mayor Heather Carruthers Yes G
Mayor pro tern George Neugent Yes
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Commissioner Danny L. Kolhage Yes
Commissioner David Rice .
Yes � �rrri
Commissioner Sylvia Murphy Yes
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, CLERK BOARD OF COUN ;�Y C ISSIONERS
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D j4 uty Clerk l J/n yor
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JiONROE COUN: I Y ATTORNEY
APPROVED AS TO FORM:
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CNRiSTINE M. I_IM3ERT-BARROW
ASSISTANT COUNTY ATTORNEY
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