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Res No 233-10-13267RESOLUTION NO. 233-10-13267 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 70th Annual Fairchild Tropical Botanic Garden Ramble Festival A Fundraising Family Event To Be Held At The Gardens November 12-14,2010; Providing For An Effective Date. WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) `Barriers 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 Garden, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote a the 70th Annual Fairchild Tropical Botanic Garden Ramble a fundraising family event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take place at the Gardens on the weekend of November 12 -14, 2010; and WHEREAS, the submitted application contains the required insurance statement, banner design document, and fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support Fairchild Tropical Botanic Garden. 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 Garden, a non- profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive at 5800 Sunset Drive in order to promote a fundraising event entitled the 70th Annual Fairchild Tropical Botanic Garden Ramble a fundraising family event to be held at Fairchild Gardens, 10901 Old Cutler Road which will take place at the Gardens on the weekend of November 12 -14, 2010 is hereby approved for hanging during the period November 1 -14, 2010. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 1 stday of Nov. , 2010 ATTEST: =,I M� APPROVED: Res. No. 233 -10 -13267 READ AND AND SUFFI CITY ATTORNEY AS TO FORM 1 S" (2) XAComm Items\ 2010 \11.1- 10\13anner Fairchild Ramble Resolution.doc Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 4 -0 Yea Yea Yea out of room Yea 7 South Miami t CITY OF SOUTH MIAMI III lqr OFFICE OF THE CITY MANAGER 2001 INTER- OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director Planning and Zoning Departsnen Date: November 1, 2010 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 70u' Annual Fairchild Tropical Botanic Garden Ramble Festival A Fundraising Family Event To Be Held At The Gardens November 12 -14, 2010; Providing For An Effective Date. APPLICANT'S REQUEST The applicant, Fairchild Tropical Botanic Garden, 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 70'h Annual Fairchild Tropical Botanic Garden Ramble a fundraising family 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 (LDC) 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 November 12 -14, 2010. Attached is a copy of the application, a banner design document, and the required insurance certificate. 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, November I -14, 2010. 2 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 and banner design Insurance Certificate Ordinance 10 -07 -1911 Status: Banners Over Right -of -Way chart Tl V /SAY X:\Comm Approval Fairchild Ramble Event CM Report.doc CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, F133143 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 Organization F-al / CH/Jd. Q C,ti Address of Organization /Uc�C/ C� �1 CiCI���S1 33/5 Contact Person 7 ✓I j "% .80 0,5-6 Y Title ?'77 i �� t' COO f' 6t Phone 305 W event for which you wish to display a banner in South Miami. Dates banner to be displayed NO V . to %✓ 0d16 Location (s)0 0 3�0 A fee ot$M per banner is required to cover cost incurred by the city to hang and remove the banner. Received by �ct.ir�G� Check # ATTACHMENTS REQUIRED: Proof of Insurance Ree'd 1/ Banner Design (including wording) 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. ➢ Banner Specifications — 30 Feet long X 3 -4 Feet Wide, 60 Feet of "% nylon rope with hooks and the banner must have vents. City Commission Approval Resolution No. Date Date City Manager (To be signed by City Hanagerfollowing approval by City Commission) 10-2Z-'1/0 1f3:4 //4�� FROM-Fairchild Finance T -147 P0001/0001 F -355 ACURD. CERTIFICATE F. LIABILITY INSURANCE D91",OONYTY) 10(15 /2010 PRODUCER 1 -305- 92.6080 Arthur a. CallAgUor Riax Hauaeomont Sorvicao, Inc. 8200 RX, 41st Struot THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER7lFICATIc. HOLDER, THIS CERTIFICATE DOES NOT AMEND E %TEND OR ALTER THE COVERAGE A FORDED 13Y THE POLICIES- BELOW. ENERA4A0OREGATE $210001000 Suite 200 Miami, FL 33166 INSURERS AFFORDING COVERAGE NAIC# INSURED Fairchild Tropical Botanic Cardon WSURERA:ViSilant In6b.YAnCO GO, INSURERS: INSVRERC AVTOMOBLLELwBILIW 10901 Old Cutler Rd, INSURERD: Coral Gables, FL 33156 (E.. d "t)iNOLEUMIY S INSURER c. COVERAGES THE POLIC155 OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN, THE INSURANCE AFFORDED BY YH15 POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. IN*R c POLICY HUMBER ITO A X yENERA44weAITY 35367194 X COMMERCiALGENERALLUBRITY CLAWSMADE OOCCUR NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IS SUBJECT TOAI.LTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POMCYkiFE T E POUO ENfPIRAtiDN LIMITS 03/01110 03/01/11 EAOHOCCURREN $1,000,000 PREMiAP. EaOmJre oe f1, OOa, DaO MEOE %P AO dw eraoP $2,000 PERSONALSAOVINJU_RY_ $ 1,000,000 ��..,.,...,.. ENERA4A0OREGATE $210001000 GEN'LAOGRF-GATELIMRAPPIAESPER: PRODUCTS- COMPIOPAGG $2,0001000 POLICY PR6 X LOG AVTOMOBLLELwBILIW (E.. d "t)iNOLEUMIY S ANYAUTO ALLOWNEOAUTOS BODILdYI JURY S 6CHEOULEDAUTOS HAMAUTOS BOOILYINJURY (Peraoddent) 5 NON- OWNBDAUTOS - - - PROPERTYDAMAOE {P6tdCUpenlj $ GARAGE LIABILITY AUT0QNLY- EAAOOID9NT $ ANYAUTO OTHERTHAR MAW AUYtl ONLY: AGG S S E%CESSIUMBRFLLALIABIUTY EACHOCCURRENCE AGGREGATE Sv OCCUR CLAIMS MADE S S --'- DEAUCTIBLE —�" 5 RETENTION S WG87P V- OTM- WORKER* COMPENSATION AND EMPLOYERS' LIABILITY S1,eACHACCIDENT $ E,L.DIBE48E�EAEMPLOYEE 5 OyyF IC6RlMEMBENEXC VDEJOf%£CUTNE E.L. DISEASE - POLICY LIMIT $ SPEOIAI PfiOViSIONOBStow OTHEIX OESCkIPYION OFOPERATION3 /LOCATIONSfVEHiCLES /E %CLVSION9 AOOEDDYEHOOR *EMENTISPECIALPBOWSIONS REa The 70th Annual Ramblo Foatival, bannar to ba diypiayed from NDYOniber 13th, 2010 to November 14th, 2010 at 6800 Sunset Drive, South Miami, SL of South Mimi 6130 Sunset Drive South Miami, PL 33143 DSA SHOULOANY OFTNEAeOVE oESOftWEAP04It1ES eBCAHOELLEO BEFORE THEEXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAM, IMPOOE 00 OBLIGATION ON LIABILITY OP ANY KIND UPON THE INSURER, ITS AGENTS OR ©ACORO l� OR ,DINANCE NO. 10-07-1911 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH M7�S.lYII, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LD41TATIONS, APPLICATION FEES AND AN APPROVAL PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1995 the City Commission approved Resolution No. 140 -95 -9689 setting . forth a policy to regulate the banging of banners to promote special events in the City; and WHEREAS, the current policy adopted in 1995 limits banner placement to special events by non - profit organizations and requires City Commission approval; and 'WHEREAS, the Mayor has requested that this policy be codified by incorporating the current policy set forth in Resolution No. 140.95 -9689 into the signage section of the Land Development Code; and WHEREAS, the Planning Department has prepared an amendment to the Land Development Code which creates new Section 20-4.3 (N) to be entitled `Banners over rights -of -way; and WHEREAS, the Planning Board at its February 27, 2007 meeting, after public hearing, approved a motion by a vote of 6 ayes I nay recommending that the proposed Land Development Code amendment contained in this ordinance be adopted; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 4.3(N) of the Land Development Code is hereby enacted and will read as follows: Section 20 -4 N Banners over rights- of-wav (1) Organizations wishing to display a banner over rights -of way in the City of South Miami must submit to the Planning Department a 'Banner Request" application at least 30 days in advance. (2) The City Commission will review all requests and will determine whether the request conforms to the following guidelines: (a) Only not for profit organizations may display banners; (b) Banners for no more than three special events shall be displayed at any given time; (c) Banners may be displayed 10 -14 days before the advertised event takes place; banners must be removed within five days after the end of the special event. Ord. No. 10 -07 -1911 (d) Banner design, color, size, proposed location and wording must be approved by the City Commission, and must be submitted along with request. (3) The organization displaying a banner must provide proof of public liability insurance naming the City of South Miami as additionally Insured for the period of time banner is displayed. (4) The organization must pay a $250 fee in advance or the actual cost -A4e= '€mss <sa & -w*+F incurred by the City to hang and remove the banner. The City Commission may adjust this tee from time to time In order to reflect the current costs of installation. The City or one of the firms ap"roved b v the city to hang and remove the banners wilt be the only entitiesperformino this task. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1 St ST: � , Cn-Y' CLERK l "Reading- 4/3/07 2nd Reading - 5 /1 / 0 7 READ AND APPROVED AS TO FORM: Zff TA-TTORNEY day of M' " PAComm I1un 2007M- 2407XPB -07 -005 LDC Amand Banner Sips Orddoc COMMISSION VOTE: 5 -0 MayorFeIfir Yea Vice Mayor Wiscombe: Yea Commissioner Palmer. Yea Commissioner Birts Yea CommissionerBeclanan: Yea r� �I • Q 0 O 0 0 O N h+� F4 a a H O •90 �b h 00 O N 00 N 07 P h O p O � O •ri1 O ON 0� y i N ON NCI N W N Vd o vz vs o rn v� � j rrs va 000 O 000 000 00 N 00 N 00 h 00 00 00 N 00 kn ,N 01 p O N N N f7 A 1� bA N N 00 N N N .-. 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