R17-0631
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RESOLUTION NO. R17 -063
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RESCINDING RESOLUTION R16 -150 AND
RESOLUTION R17 -051 IN THEIR ENTIRETY AND
REVOKING NOTICE OF INTENT 2016 -01 AND THE
ASSOCIATED TEMPORARY MORATORIUM
REGARDING WIRELESS COMMUNICATIONS
FACILITIES WITHIN CITY RIGHT OF WAYS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the, City Commission adopted Resolution R16 -150 on November 15, 2016
which established Notice of Intent 2016 -01 and a temporary moratorium regarding locating
wireless communications facilities in any rights -of -way within the City of Boynton Beach; and
WHEREAS, the City Commission also adopted Resolution R -17 -051 on May 16, 2017
which extended the temporary moratorium established via Resolution R16 -150 through
September 6, 2017; and
WHEREAS, On June 23, 2017 Governor Scott signed into law Florida's "Advanced
Wireless Infrastructure Deployment Act" ( "ACT "). The Act took effect on July 1, 2017. The Act
preempts local government control of taxpayer -owned rights of way for placement of "small" or
"micro" wireless antennas and equipment. Among other various provisions, the Act bars local
governments from prohibiting or regulating the placement of "small" or "micro" wireless
facilities on or next to existing cellphone towers and utility poles within municipally owned
rights of way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
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CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas clauses are hereby ratified and confirmed
being true and correct and are hereby made a specific part of this Resolution upon
hereof.
{00191425.1306 - 9001821) C:\ Users \StanzioneT \AppData\Local \Microsoft \Windows \Temporary Internet
Files \Content.IE5 \VAGZE6P0\ Rescinding_ NOI -W ireless_(00191425xC4B6A). doc
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Section 2. Resolutions R16 -150 and R17 -051 are rescinded and have no further force
and effect. The moratorium established by Resolution R16 -150 and extended by Resolution
R17 -051 is no longer in effect.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 18 day of July, 2017.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant f
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
Ju i A. Pyle, CMC
Q1 Clerk
(Corporate Seal)
{00191425.1 306. 9001821} C:\ Users \StanzioneT\AppData\Local \Microsoft \Windows \Temporary Internet
Files \Content.IE5 \VAGZE6P0\ Rescinding_ NOI -W ireless_(00191425xC4B6A). doc
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