HomeMy WebLinkAbout4296-05/11/1998 BLACK HAWK COUNTY IOWA:SS 5167
Misc t FILED FOR RECORD Aug 31 -,1998 AT
INDEX 4 4:OOP M. , AND RECORDED IN BOOK 331
MARGIN ore OF if-7 Misc ® AGE 398 .
PROOF ,z, RECORDER
ORIRM 4956 FEE 1-15.00/
CITY OF WATERLOO
AN ORDINANCE OF THE CITY OF WATERLOO, IOWA, ADOPTING AN
IMMEDIATE MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR USE PERMITS, BUILDING PERMITS, RIGHT-OF-
WAY USE PERMITS AND FRANCHISES FOR TELECOMMUNICATIONS
FACILITIES, TO BE EFFECTIVE FOR A PERIOD OF SIX MONTHS,
SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM,
AND DECLARING AN EMERGENCY.
WHEREAS, the federal Telecommunications Act of 1996 (Pub. L. No. 104-104, 110
Stat. 56, 31-136, hereinafter the "Act") was designed to remove regulatory barriers and
encourage competition among all types of communications companies; and
WHEREAS, the Act ratifies the authority of local government to regulate
telecommunications services and carriers, but also limits local governments' authority in
certain respects; and
WHEREAS, the Act allows the Federal Communications Commission to preempt any
local governmental regulation which prohibits, or has the effect of prohibiting the ability of
any entity to provide any interstate or intrastate telecommunications services [Public Law No.
104-104, 110 Stat. 70, Section 253(a)]; and
WHEREAS, the City needs to review its codes and ordinances in a comprehensive
fashion to determine whether its existing regulations are consistent with the Act and to adopt
new regulations; and
WHEREAS, the City should impose a moratorium barring the acceptance of
applications relating to franchises, use of the public streets and/or city property by either
franchise or right-of-way use permits, building permits, and Zoning Ordinance for antennas for
telecommunications services, until the necessary code revisions are complete.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Waterloo, Iowa, as follows:
SECTION 1. DEFINITIONS. For the purpose of this ordinance, the following
definitions shall apply:
A. Cable Service: for the purpose of this ordinance, cable service shall have the same
meaning as provided for in the Cable Act, 47 U.S.C. Sec. 532, et seq., as it now exists or is
hereafter amended.
B. Overhead Facilities: means utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the underground supports and
foundations for such facilities.
C. Public Street: means any highway, street, alley, or other public right-of-way for
motor vehicle travel under the jurisdiction and control of the City, which has been acquired,
established, dedicated, or devoted to highway purposes not inconsistent with
telecommunications facilities.
D. Telecommunications Carrier: means and includes every person that directly or
indirectly owns, controls, operates, or manages plant, equipment, or property within the City,
used or to be used for the purpose of offering telecommunications service.
e-o; 331 r 398
Ordinance 4296
Page 2
E. Telecommunications Facilities: means the plant, equipment, and property,
including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics,
and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer
telecommunications services.
F. Telecommunications Service: means the providing or offering for rent, sale or
lease, or in exchange for other value received, of the transmittal of voice, image, graphic, data
and/or video programming information between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed
transmission medium.
G. Underground Facilities: means utility and telecommunications facilities located
under the surface of the ground, excluding the underground foundations or supports for
Overhead Facilities.
H. Utility facilities: means the plant, equipment and property, including but not
limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located
under, on or above the surface of the ground within the streets or rights-of-way of the City,
and used or to be used for the purpose of providing utility or Telecommunications Services.
SECTION 2. PURPOSE. The purpose of this moratorium is to allow the City
adequate time to comprehensively study the new Telecommunications act, determine whether
the city's existing ordinances and codes are consistent with the Act, and develop new
ordinances to amend inconsistencies and/or cover situations not addressed by existing
regulations.
SECTION 3. MORATORIUM IMPOSED. The City Council hereby imposes a
moratorium on the establishment, location, permitting, or franchising of telecommunications
carriers/facilities with the City, by telecommunications carriers or cable operators, whether on,
through, over, or under private or public property or the public streets, through the use of
overhead or underground telecommunications or utility facilities. During the term of this
moratorium (unless earlier terminated by the City Council by ordinance), the City will not
accept any right-of-way use permit applications or consider any franchise for
telecommunications or cable services/facilities, nor will the City accept any building permit or
use permit (Zoning Ordinance) applications for the location, establishment, or siting of any
telecommunications facilities in the City. Should undue hardship result from the enactment of
this moratorium, the affected person or company shall have the right to appeal to the City
Council.
SECTION 4. DURATION OF MORATORIUM. The moratorium imposed by this
ordinance shall be in effect for a period of six months, beginning on the date of the adoption of
this ordinance. During this period, the Planning Commission and City Attorney are directed to
develop a work plan to study the issue as it relates to applications approved under the Zoning
Ordinance. The City Engineer, Administrative Director, and City Attorney are directed to
develop a work plan to study the issue as it relates to applications for the use and occupation of
city streets, rights-of-way, and other City property by telecommunications carriers, cable
providers, and others. The Planning Commission, Administrative Director, City Engineer, and
City Attorney shall develop recommendations for the City's future action to address the
Telecommunications Act of 1996, which may include proposed regulations for
telecommunications and cable services or telecommunications facilities in the City. The work
plan will be presented to the City Council at least two weeks prior to the date of the public
hearing scheduled in Section 5 of this Ordinance. In addition, final recommendations will be
presented to the City Council within 120 days of the effective date of this Ordinance.
SECTION 5. PUBLIC HEARING ON MORATORIUM. The City Council shall
hold a public hearing on this moratorium within sixty (60) days of its adoption, or on July 6,
1998. Immediately after the public hearing, the City Council shall adopt findings of fact on
the subject of this moratorium, and either justify its continued imposition or cancel the
moratorium.
COCK 331r399
'Ordinance 4296
Page 3
SECTION 6. SEVERABILITY. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause, or phrase of this ordinance.
SECTION 7. DECLARATION OF EMERGENCY. The City Council hereby
declares that an emergency exists necessitating that this ordinance take effect immediately upon
passage by a majority vote of the members of the City Council, and that the same not be
subject to a referendum. Without an immediate moratorium on the City's acceptance of permit
applications under the Building Code and Zoning Ordinance, processing of such applications
by the City could occur under regulations that are inconsistent with the Telecommunications
Act of 1996 and regulations that could possibly be preempted by the Federal Communications
Commission. Therefore, the City's moratorium must be imposed immediately to prevent any
development rights from vesting and the City's ability to process applications under valid codes
preserved.
INTRODUCED: May 11, 1998
PASSED 1ST CONSIDERATION: May 11, 1998
PASSED 2ND CONSIDERATION: May 11, 1998
PASSED 3RD CONSIDERATION: May 11, 1998
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the
11th day of May, 1998, and approved by the Mayor on the 13th day of May, 1998.
dro � ..1
Jo• R. Ro ff, Mayor /0
ATTEST:
L-qideed—
Nancy Ecke City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 4296, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 11th day of May, 1998.
Witness my hand and seal of office this 13th day of May, 1998.
Nancy Ecker/City Clerk
SEAL
Mx 331P3r.c400
•
FORM1 1T.
STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal Ci t-y of Waterl no
Black Hawk County, Ordinance 4296
ORDINANCE NO.4296 -
AN ORDINANCE 01=THE CITY OF
WATERLOO, IOWA. ADOPTING
AN IMMEDIATE MORATORIUM
ONTHE ACCEPTANCE OF APPLI-
CATIONS FOR USE PERMITS,
BUILDING PERMI"'S;,.PIGHT--OF
MITS Ai
CONSFAGLITthe
WAY USE RIES TO endatl°^sin addddrtio" fifialllecon e was published in the Waterloo Cedar Falls Courier, a daily newspaper printed in
City Council will Presented to
HEARING
TIVE FOR A PEF,1 THS,SETTING l effective wrthrn 1P0 days of the
A PUBLIC C HEARINII ONCTION 5 PUB of this Ordinance. rloo,Black Hawk County,Iowa,once commencing on the 22nd
MOANMOEMERGENCY RATORIUM, ND:thiscil sh ORhold aIUM.The City Coun-
mun ato
WHcaEons AS, the
Act ofdl Jdays mof rtsuyd p�on,xty(60)Of
6, /99a May
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here nallo. fte�he"Act4, 110 t"")r
shall a hearing mhetliately offer the
encouragetremove regulator] a�heeCbopithis rmoraCt m°"ty he newspaper, and that the annexed rate of advertised is the regular legal rate of said
competit lustif
types of communic; lion or y cis continuetl i antl
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WHEREAS,the A
senies;and ction,en eSEe ERABILITY j'panr `vs a er,and that the followingis a correct bill for publishingsaid notice.
authority of local of this ortlinance should orphrase p p
regulate telecomm be invalid unconstitutional
vices and carriers, court of con held to
local governments' such invalidity Poetent jurisdict pna'Inter'S Bill
lain respects;and shall not affect th unconstitutionalit ' 67.25
WHEREAS,the Ac tutionelity of an a validity or consty 1
eral to preempt anlcant y for fiance Clause,Or phrase section,s ordi_
regulation which SECTION 7
the effect of p rev EMERGENCYDEC Ci n
any entity to prov hereby declare•s The City Council j \) /
7V, ?"2-‘1-44iC)
or intrastate tele exists necessitathat an emergency
services[Public I Hance take 9 that this i
110 Stat.70,Sec, effect immediatelyorb,. Signed
review i s cWHEREASodes r thambe s by a mal y Cooneupon
of thm e Cit of the
a comprehensive referendum. 17i.hoube subject to •
mine whether it moratoria an immediate
tions are consi lance of perm!the City's ac
and to adopt Her the Buildin applications
WHEREAS,the nonce, g Code and Zoningunder Subscribed and sworn to before me this day of
a moratorium. tions b processing of such Iica. 5:16..
lance of appli re y the thiocould occuaS�lder
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Act of
chise or right- possibly be P�mtions that could
buildingnance perm' anal mmunreemPs ed-
ncat onsr er must berg' the City's morm ss,on.
sary code re mPosed immediately • /
NOW, TH; roment any deveto !"ediately to �,
ORDAINED-. process and the I?ment rights
the City of 1 codes ss applications rtys ability to ��� ` l� 4 _ / /I-a._ /
lows; INT Preserved, under valid Notary Public
SECTION 1 RODUCED
11,1998
purpose of MaySSED9
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