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Res No 034-11-13348RESOLUTION NO. 34-11-13348 A Resolution of the Mayor and City Commission of the City of South Miami, Florida concerning an application pursuant to Land Development Code Section 20- 4.3(N) to permit the installation of a banner over Sunset Drive to promote the 9th Annual Fairchild Tropical Garden Orchid Festival a fund raising event to be held at the gardens March 11 -13, 2011; providing for an effective date. WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over rights -of way" all non -profit organizations proposing to display a special event banner over a City street must submit a Banner Request Application; and WHEREAS, the applicant, Fairchild Tropical Botanic Tropical Gardens, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote the 9th Annual Fairchild Tropical Garden Orchid Festival a fundraising event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take place at the Gardens on the weekend of March 11 -13, 2011; and WHEREAS, the submitted application contains the required insurance statement, non - profit certificate, banner design document, and fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support Fairchild Tropical Botanic Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request submitted by the Fairchild Tropical Botanic Gardens, a non- profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled the 9th Annual Fairchild Tropical Garden Orchid Festival a fundraising event to be held at Fairchild Gardens, 10901 Old Cutler Road on the weekend of March 11 -13, 2011 is hereby approved for hanging during the period March 1 -13, 2011 Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 15th day of FebruarY2011. NIT40 31 fY CLERK-- APPROVED: J4 "jam MAY 6R Res. No. 34 -11 -13348 (2) AS TO FORM .\). it CITY ATTORNEY XAComm Items \2011 \2 -15 -I1 \13anner Fairchild Orchid Event Resolution.doe Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM root To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager �Je From: Thomas J. Vageline, Director Planning and Zoning Department Date: February 15, 2011 ITEM No. Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida concerning an application pursuant to Land Development Code Section 20- 4.3(N) to permit the installation of a banner over Sunset Drive to promote the 9th Annual Fairchild Tropical Garden Orchid Festival a fund raising event to be held at the gardens March 11 -13, 2011; providing for an effective date. APPLICANT'S REQUEST The applicant, Fairchild Tropical Botanic Gardens, a non -profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote the 9th Annual Orchid Festival a fundraising event to be held at Fairchild Gardens, 10901 Old Cutler Road. APPLICABLE REGULATIONS The City Commission at its May 1, 2007 meeting amended the Land Development Code to require approval of all banners placed across a public street. The ordinance created Section 20- 4.3(N) which sets forth regulations governing the placement of banners. Attached is a copy of that section. SPECIFIC BANNER REQUEST It is requested that the proposed banner be placed across Sunset Drive at 5800 Sunset Drive. The event is scheduled to take place on the weekend of March 11 -13, 2011. Attached is a copy of the application, insurance certificate, non -profit certificate, and the banner design document. The adopted ordinance limits the display period for a banner to a maximum of 14 days prior to the event. The applicant has requested a display time period of 14 days, March 1 -13, 2011. RECOMMENDATION It is recommended that the banner request be approved for the time period limit set forth in the Land Development Code (14 days prior to the event). Attached is an approval resolution. Backup Documentation: Draft Resolution, Banner Application, banner design, Insurance Certifu:ate, LDC Section 20- 4.3(N), Banner Status Report 2011 X:1Comm Items\2011\2- 15- 11l13anncr Fairchild Orchid Event CM Report.doe X1Comm ltemsi2011t2- 15- 11113anner Fairchild Orchid Event CM Reporcdoc CITY OF SOl7TEI AAIAPvII PLAN THIN G and ZONING DEPARTMENT 6230 Sunset Drive, South Ivliamii,Fl 33143 305- 663 -6326 Banner Request Application Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No. 10:07 -1911; LDC Section 20- 4.3(N) Attached Name of Not for Profit , f Organization ��;!- Cl�l %Gn TIT l(M f?cl�611);C 6r1IXO'f �-' Address of Organization 1090/ 0J'-A' Co-HM &g Contact Person �/M 13060 — Title CDYi ,'K? C0611k. Phone 305 905 8055 Briefly describe event for which you wish to display a banner in South Miami. c� c,lrti��•RSfivCL� Inds�-00K -le 1D nP74 Wrf/rt, SPeDt'S -fr?) � Q!I ('eY 7`PLZZ wtiYloC Event date(s) 3' // - ~ 1 5 L70 1 Dates banner to be displayed 3.1 j / l7 / to 51/3//( Location(s) A fee of $300 per banner is required to cover cost incurred by the City to hang and remove the banner. Received by - Check 0 ATTACHMENTS REQUIRED: Proof of Insurance Ree'd Banner Design (including wording) Redd Proof of current Non-Profit Corp. Status Ree'd :! Banners will be displayed 10 -14 days before the advertised event takes place; banners will be removed by the City after the end of the special event. o Banner Specifications: 30 feet long x 3 -4 feet wide, 60 feet of inch nylon rope with hooks and the banner must have vents. City Commission Approval Resolution Date Date _ City Manager (To be signed by City Managerfollowing approval by City Commission) Rev. 12/20120101/13111 P:IForm IP8- Banner Application.doc ��,;-� �T �;t .... �j ,. teSh� 1T'.�g S Depanmeiv of Wle service . i ti.@,�., hnernni nt orl like sercioe P.O. Box 2508 In reply refer to: 0248667147 Cincinnati OH 45201 July 22, 2010 LTR 41680 EO 59- 0668480 000000 00 00016746 BOD£: TE FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 33156 -4233 ;CEIV .&)) JILL 2 2010 010824 Employer Identification Number: 59- 0668480 Person to Contact: Ms. Wittwer Toll Free Telephone Number: 1.- 877 - 829-5500 Dear Taxpayer: This is in response to your July 13, 2010, request for information regarding your tax - exempt status. Our records indicate that your organization was recognized as exempt under section 501(c)(3) of the internal Revenue Code in a determination letter issued in June 1937. Our. records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning with the organization's sixth taxable year and all succeeding years, it must meet one of the public support tests under section 170(b)(1)(A)(vi) or section 5Q9(a)(2) as reported on Schedule A of the Form 990. If your organization does not meet the public support test for two consecutive years, it is required to file Form 990- PF,'Return of Private Foundation, for the second tax year that the organization failed to meet the support test and will be reclassified as a private foundation. If you have any questions, p.lease call us at the telephone number shown in the heading of this letter. Dop 11I me,v 0, the Trcowry 1 inlnrnx! Retecuc 8errlce P.O. BOX 2508 Cincinnati OH 45201 010824.728601,0059.002 2 AT 0,357 532 ! r'{!'{ lil{! l] el rr{i il, 11h(! {lplrrlriurlJluNlrllltlfll,lpl{ FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD '= CORAL GABLES FL 33156 -4233 010824 CUT OUT AND RETURN THE VOUCHER AT THE BOTTOM OF THIS PAGE IF YOU ARE I-IAK114G A PAYMENT, EVEN IF YOU ALSO HAVE AN INQUIRY. The IRS address must appear in the window. Use for payments 0248667147 Letter Number: LTR4168C BODCD-TE Letter Date 1 2010-07 -22 Tax Period 000000 *590668480* FAIRCHILD TROPICAL BOTANIC GARDEN INTERNAL REVENUE SERVICE 10901 OLD CUTLER RD P.O..Box 2508 CORAL GABLES FL 33156 -4233 Cincinnati OH 45201 I,E:dJd„riJll:,rr :,llf:rld 590668480 LIL FAIR 00 2 000000 670 00000000000 A-QQRD� CERTIFICATE OF LIABILITY INSURANCE PRODUCER 1 -305- 592 -6080 02/03/2011 Arthur J, Gallagher Riek Management Services, Inc. ON CERTIFICATE R ISSUEp AS A O MATTER H INFORMATIOt E TE Suit N.W. 410t Street HOLDER. TM S CERTIFICATE DOES NOT AMEND, EXTEND OF Suite 200 ALTER THE COVERAGE gFFORDEp BY T Hiami, PL 33166 HE POLICIES BELOW, - INSURED INSURERSAFFORDING COVERAGE NAIC# iairchild Tropical Botanic Garden INSURERA: Vigilant Insurance Co. .0901 Old Cutler Rd. INSURERS: W, HERO: 'oral Gables, PL 33156 ... A ,,,,.,,,,_ ANY A I X OR IN 03/01/10 03/01/11 EACH OCCVRRENCE $1,000,000 MESCAL GENERALLIABLITY CLAIMS MADE a OCCUR PREMISES Eo occurence 5 1, 000, 000 MEO EXp (Anyone person) $2,000 PERSONALBADV INJURY S 1.000,000 MSATE LIMITAPPLIES PER: G£NERgLAGGREGATE $2,000,000 ANYAUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS NON- OWNEDAUTOS ANYAUTO EXCESS(UMBRELCq LIABILITY OCCUR O CLAIMSMADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETO W PARTN ER/EXECUTNE OPFICER/MEMSER EXCLUDED7 RIFTION OF OPERATIONS I LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENOORSEM ENTI SPEC IAL PRO Orchid Festival banner to be displayed from 02/20/11 to 03/13/11. City of South Miami, Public Works E Engineering Dept 4795 SW 75th Ave,,, 6iami, FL 33155 USA 19637177 (Ea atoll CeO SRJOLELIMR $ SODLYINJURY (Perperson) $ BODILYINJURY (Pm acdtleat) $ nt) PROPERTY DAMAGE (Perpccltleni) $ AUTOONLY- EAACCIDENT $ OTHERTHAN AACC $ AUTO ONLY: 'MILLA ZION LO ANY OF THE ABOVE DESCRIBBD POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20.4.3 OTIiER REO'(II,A.TIONS (N) Banners cuerAlghts of- Aray. (1) Organizations wishing to dfspia,Y a banner over rights'o£ way fn the City of Sontb. Miami must submit to the Planning Depariment a "Banner Request" apFheatian at ,least tbirty (3o) days in advahee- (2) The city commission will review any requests and will determine whether the request conforms to the following guidelines: (a) Only not for profit orgamma'one may'display banners; (b) Banners for no more than three (3) special events shall be displayed at anY given time; (c) Banners may be displayed ten (10) to fourteen (14) days before the advertised event takes Race; banners ,must be removed within five (5) days after the end of the special event (d) Banner design, color, &e,;liroposed location and wording mast be approved i)51 the city commission, and must be submitted along with request. (3) The organization. displaying a banner must provide proof of Public liability insurance nami n; the City of Scuffs Miami. as additionally ins'ur'ed for the period of time banner is displayed. (4} The organization must gap a two hundred and fay-dollar (.U0•00) fee in advance or the actual cost incurred by the ctq to hang and remove the panne? The clip aomm ssion.mag adjust Ibis fee from time to time in order is reflect the current costs of installation. The city or one (1) of the firms approYad by.the city to hang and remove the banners will be the only antliies Performing this task. (Ord, No. 1-91-14,66,145-51, Ord. hTc,,9 -92 -1504, 5- 19.92; Ord_ 1`20.4.83.3533, 6 -1 -93; Ord Na. 18 -93 -1544, §§ 2,,3, 11.16.93; Ord, No. 19- 9¢r1619, § 1, 10 1 -96; Ord. No. 6 -98 -1654, § 31 4 21 -98; Ord. I%. 9 »9916$3, §§ 2> 3> 5 -¢99, Ord. iQo. 22.01 -1753, § 1, 7A -2-01; Ord. No. 10-07 -1911, § 1, 5.1-07) 1H rW 0 U a� Q .q� N 0 a O N 'd I w W �WN F�1 W H ,44 z% C N rn N t� M ' V] M M M M I N G N C O � � W M U zN m i-i x.i N iw GO 00 00 00 N 00 00 m a ia+ M O M N V CC bA N Icy 1 -c 8 ON I�yyl W 'A w N -, N � M ti wN a1w �w Uw a" i� CL %Y Q N N N a�,�� v�U ' wt7 wc7