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HomeMy Public PortalAboutRES 98/03RESOLUTION NO. 98 -3 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, EXPRESSING ITS VIGOROUS OPPOSITION TO HOUSE BILL 3291 WHICH IS SOMETIMES CITED AS THE "TELECOM- MUNICATIONS RIGHTS -OF -WAY ACT" OR ANY SIMILAR LEGISLATION SINCE SUCH ACT OR LEGISLATION WOULD HAVE SIGNIFICANT ADVERSE IMPACTS WITH REGARD TO A LOCAL GOVERNMENT'S AUTHORITY OVER ITS PUBLIC RIGHTS -OF -WAY AS WELL AS ITS AUTHORITY OVER THE TELECOMMUNICATIONS PROVIDERS WHO MAY WISH TO UTILIZE SAME; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Town Commission of the Town of Gulf Stream has beeen fully informed with regard to proposed House Bill 3291 which is also known as the "Telecommunications Rights -of -Way Act "; and WHEREAS, this proposed legislation has significant adverse impacts with regard to a local government's authority over its public rights -of- way as well as its authority over the telecommunications providers who may wish to utilize same; and WHEREAS, this proposed legislation will severely diminish revenues now provided through franchise fees levied for the use of these rights -of- way and will infringe on local governments' home rule powers; and WHEREAS, the Town Commission believes this proposed legislation represents an unfunded mandate; and WHEREAS, the reduction of money now collected through franchise fees would create a shortfall in revenues generally collected, thus potentially resulting in property tax increases to residents in order to recover such lost revenues. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM THAT: Section 1: The Town Commission of the Town of Gulf Stream vigorously OPPOSES House Bill 3291 known as the "Telecommunications Right - of -Way Act" or any other similar legislation which would have the effect of eliminating a local government's ability to control utilization of rights - of -way located within its jurisdiction as well as limiting the type and amount of compensation a local government can charge for the use of this limited resource. Section 2: This Resolution shall be submitted to the Palm Beach County Legislative Delegation and to the Florida League of Cities. adoption MAYOR Section 3: This Resolution shall take effect immediately upon PASSED AND ADOPTED this 13th (SEAL) ATTEST: TOWN CL RK� day of February , 1998. TOWN OF ULF STREAM, FLORIDA COMMISSIONER Q1J/J/9J_ CO ISSIO ER