§ 66-41. Registration of facilities.

(a)

Each person who occupies, uses, or seeks to occupy or use, the rights-of-way or any facilities located in the rights-of-way, or who has, or seeks to have, facilities located in any rights-of-way shall register with the land development director.

(b)

No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof located in any rights-of-way without first being registered with the department.

(c)

The information provided to the department at the time of registration shall include, but not be limited to:

(1)

Each registrant's name, address and e-mail address and telephone number.

(2)

The name, address and e-mail address and telephone number of a local representative. The local representative shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration.

(3)

A certificate of insurance verifying that insurance coverage has been obtained by the registrant pursuant to section 66-54 or other applicable requirement, by an insurance company licensed to do business in the state or a certificate of self-insurance, meeting the requirements of the risk manager for claims for personal injury, including death, claims for property damage arising out of the use, occupancy and placement of facilities in the rights-of-way by the registrant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property. Such policy or policies shall name the village as an additional insured and require that the land development director be notified 30 calendar days in advance of cancellation of the policy or any change in coverage.

(4)

If the person is a corporation, certification from the state that it is authorized to do business in the state.

(5)

A copy of the registrant's certificate of authority from the Florida Public Service Commission, copies of any other applicable franchises, use agreements, or licenses.

(6)

The registrant shall keep all of the information listed above current at all times by providing to the department information of changes within 15 calendar days following the date on which the registrant has knowledge of any change.

(7)

If required of the registrant as provided by this article, the registrant shall provide for a security fund under the terms and conditions provided by the land development director.

(d)

Each registrant shall coordinate with the department, to the extent feasible and practical, its construction of facilities, in order to reduce the frequency of construction, excavation and obstructions in the rights-of-way.

(e)

Each registrant shall, to the extent feasible and practical, provide to the department information indicating the horizontal and approximate vertical location, relative to the boundaries of the rights-of-way, of all facilities which it owns or over which it has control and which is located in any rights-of-way. This information shall be provided with the specificity and in the format required by the department.

(f)

If any facilities are found in the rights-of-way and no registrant claims ownership within a reasonable time after notification in writing by the village of the location of such facilities, such facilities shall be deemed abandoned and the village may exercise any remedies or rights it has at law or in equity, including, but not limited to, taking possession of such facilities.

(g)

A registrant who has determined to discontinue all operations in the village must notify the land development director of the assumption by another registrant of ownership of such facilities, obtain permission from the land development director to abandon such facilities in place or provide the land development director with an acceptable plan for disposition of such facilities. If a registrant fails to comply with this subsection, such facilities shall be deemed abandoned and the village may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the facilities.

(h)

Registration shall not convey, transfer, or assign any property interest, equitable or legal, in the rights-of-way. Nothing contained in any registration granted pursuant to this article shall entitle a provider to use, alter, convert to, or interfere with, any real or personal property of any kind whatsoever under the management or control of the village.

(i)

A registrant shall obtain and maintain any and all required regulatory approvals, permits, authorizations or licenses for the offering or provision of such services from the appropriate federal, state and local authorities.

(j)

A registrant shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, consolidation or otherwise, a registration granted pursuant to this article without having first provided the village with at least 30 days written notice of the same. Further, any such person to whom such transfer has been made, must register with the village in accordance with this article and shall provide proof of insurance coverage in accordance with section 66-54. Transfers to affiliates shall not be exempt from the requirements of this subsection.

(k)

Each registrant shall renew its registration annually in accordance with the registration requirements of this article.

(Ord. No. 2015-28, § 3, 9-25-2015)