Item 09 Resolution Opposing House Bill 1325 and Senate Bill1714 Denying Rights of Municipal Governments to Offer Telecommunication Services within their Municipal Boundaries
center of GOOd LJ
~
AGENDA ITEM COVER SHEET
Meeting Date: April 5, 2005
Item # q
Contact Name:
Contact Number:
Robert Frank
X 1500
Reviewed By:
Department Director:
City Manager:
Robert Frank
~---
Senate Bill 1714 Regarding
Subject: A Resolution Opposing House Bill 1325 and
Telecommunication Services
Background Summary:
Florida Legislators have filed Bills in the House and Senate that would prolnbit local governments from providing covered
connnunication service; from expanding its service area, adding new subscribers, or increasing covered services
after a certain date, (except under very limited circumstances), and defines covered communications services as
connnunications, Internet (including wireless and broadband), or cable services.
Issue:
House Bill 1325 and Senate Bill 1714 deny the right of municipal government to offer telecommunication services
within its municipal boundaries even where it may determine that it is in the best interests of its citizens to do so.
Recommendations
Staff recommends adoption of the attached resolution opposing House Bill 1325 and Senate Bill 1714, limiting the
rights of municipal governments
Attachments:
Resolution
Financial Impact:
None
Type of Item: (please mark with an ax')
Public Hearing
- Ordinance First Reading
- Ordinance Second Reading
-X Resolution
- Commission Approval
- Discussion & Direction
For Clerk's DeDi Use:
X Consent Agenda
- Public Hearing
== Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
== Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
NlA
RESOLUTION 2005-XXX
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
OPPOSING HOUSE BILL 1325 AND SENATE BILL 1714 WHICH
DENY THE RIGHTS OF MUNICIPAL GOVERNMENTS TO
OFFER TELECOMMUNICATION SERVICES WITHIN THEIR
MUNICIPAL BOUNDARIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, House Bill 1325 was filed in the Florida House on March 3, 2005;
and
WHEREAS, Senate Bill 1714 was filed in the Florida Senate on February 23,
2005; and
WHEREAS, House Bill 1325 and Senate Bill 1714 purports to prohibit local
governments from providing covered communication service; from expanding its service
area, adding new subscribers, or increasing covered services after a certain date, (except
under very limited circumstances), and defines covered communications services as
communications, Internet (including wireless and broadband), or cable services; and
WHEREAS, House Bill 1325 and Senate Bill 1714 deny the right of municipal
government to offer telecommunication services within its municipal boundaries even
where it may determine that it is in the best interests of its citizens to do so; and
WHEREAS, the City Commission opposes any legislation which preempts or
prohibits local governments from examining the business need for any new facilities from
providing services (communications or otherwise) to its residents, or interferes with its
home rule powers.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2. The City Commission of the City of Ocoee, Florida hereby
opposes House Bill 1325 and Senate Bill 1714 because they do not promote the best
interest of the City of Ocoee, and they interfere with the City's home rule powers.
SECTION 3. The City Clerk is directed to provide a copy of this Resolution to
the Florida League of Cities, Governor Jeb Bush, Senator Webster and Representatives
Brummer and Johnson.
SECTION 4. All resolutions or parts of resolutions in conflict herewith, be and
the same are repealed to the extent of such conflict.
SECTION 5. If any Section, sentence, clause or phrases of this Resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said
.holding shall in no way affect the validity of the remaining portions of this Resolution.
SECTION 6. This Resolution shall become effective immediately upon its
passage and adoption.
day of
2005.
ADOPTED this
ATTEST
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
For use and reliance only by
The City of Ocoee, Florida.
Approved as to form and
Legality this _day of
,2005.
Approved by the Ocoee City
Commission at a meeting
held on the above date
under Agenda Item No. _.
Foley & Lardner LLP
By:
City Attorney
407 996 0595
Dyer, Riddle, Mills
&. Precourt, Inc.
Principals
WaynD D. OIaJlfoull
DoIIaIdloa Ie. BanOu. Jr.
Lucllll J. C.......... Jr.
loaS. Meadows
Stcphe. L ~
a.a.re_ L. SuWIb. Jr.
tses East CaIaIaI Drtft
o~ PJorIda 32BlI3
PIIaIIe: 417....."..
Fn: 487.'HA1J6
. Ilartow. Florida
. CbuloIlc, NGrIb CIlrotina
. OIipIey, Flarida
. DWIIId. Florida
. PI. Myen. Florida
. JaeItIoaviI/l:. florida
. Orlaado. Rarida
. "- City Beac.b, PIDrida
. Tallabas-. FIoridI
. lUIpa. Florida
J.ll00.375.3767
www.drmp.com
04:10:09p.m 11-04-2004
1/2
~D.RMf!
~?fflQ)
November 4, 2004
DRMP Job #: 2G.NMKT.ORL
Mr. Robert Frank, City Manager
City of Ocoee
150 North Lalceshore Drive
Ocoee, FL 34761
Subject:
Management and Operations Services
City of Ocoee - Utility Department
Dear Mr. Frank:
In response to your request, I am submitting a proposal for Management and Operation
services for the Utility Department for the City of Ocoee. These services will be provided
by Mr. Charles K. Smith, P.E. of DRMP, Inc. under my direction and will provide for the
following:
. Contractual agreement with DRMP for services as utility supervisor from
November 8, 2004 through December 10, 2004.
. Professional services scope to include the responsibilities of the utility
supervisor with the understanding that Mr. Smith's physicaJ presence at the
City will be in the 20 - 40 hours per week range during this time period.
· By December 20, 2004, DRMP shall submit a written report to the City
detailing recommendations related to the operations of the Utility Department.
. The initial fee shall be a lump sum of $9,600.00 from November 8, 2004
through December 10, 2004. This estimate is based on an average of four (4)
hours per day.
· Mr. Smith's services under this assignment will be available after December
10, 2004 for any ongoing or emergency services at an hourly rate of $80.00 per
bour.
· It is DRMP's understanding the Utility Operation Superintendent position is
vacant, and that the office space will be available for Mr. Smith's use. The
City shall provide office space and computer equipment as necessary for the
performance of this assignment.
407 996 0595
04:10:21 p.m, 11-04-2004
2/2
~DIlMl
Mr. Robert Frank, City Manager
November 4, 2004
Pap 2 012
Upon Mr. Smith's completion of the assignment, he shall prepare an engineer's report of
recommendation for your consideration.
Please let me know if these tenns and conditions are acceptable. We appreciate the
opportunity to provide professional services to the City of Ocoee, and look forward to
successfully helping you through this transitional period.
Sincerely,
Dyer, Riddle, MUIs & Precourt, Inc.
~~e_ _~
V. Eugene Williford, ill
Director of Government Relations
ApproV~ I/f/oy
Robert Frank, City Manager Date
\\OrIJlasOl'tGBN_MlCfG\DMR2004\Gene Williford\L1r-RobertPraok-II0404.doc