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<br />of facilities in the public rights-of-way; and <br /> <br />WHEREAS, it is the City of Casselberry's intent to treat each communications services <br /> <br />provider in a nondiscriminatory and competitively neutral manner in exercising such authority; <br /> <br />and <br /> <br />WHEREAS, the public rights-of-way subject to the jurisdiction and control of the City <br /> <br />of Casselberry (1) are critical to the travel of persons and the transport of goods and other <br /> <br />tangibles in the business and social life of the community by all citizens; (2) are a unique and <br /> <br />physically limited resource and proper management by the City of Casselberry is necessary <br /> <br />to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to <br /> <br />minimize the inconvenience to and negative effects upon the public from such facilities' <br /> <br />placement and maintenance in the public rights-of-way; and (3) are intended for public uses <br /> <br />and must be managed and controlled consistently with that intent; and <br /> <br />WHEREAS, it is the intent ofthe City of Casselberry to exercise its authority to adopt <br /> <br />reasonable rules and regulations to the fullest extent allowed by Federal and State law; and <br /> <br />WHEREAS, it is the intent of the City of Casselberry that this Ordinance shall not apply <br /> <br />to cable service providers; and <br /> <br />WHEREAS, Section 337.401, Florida Statutes (2000), references fees or other <br /> <br />consideration which municipalities may require from telecommunications companies to <br /> <br />occupy municipal rights-of-way for telecommunications facilities; and <br /> <br />WHEREAS, it is the City's intent to establish fees for occupation of the City's rights-of- <br /> <br />way for telecommunications facilities of telecommunications companies not otherwise paying <br /> <br />Ordinance No. 01-1019 <br />Page 3 of 35 <br />