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Ord No 15-13-2162ORDINANCE NO. 15 -13 -2162 An Ordinance amending Section 20- 4.3(N) - banners over rights -of- way, to allow for administrative review and approval of requests for banners; providing a reference to the city's fee schedule; providing additional requirements for applicant's responsibilities. WHEREAS, at a recent City Commission meeting, Commissioner Welsh requested that the City consider regulations which would grant the City Manager administrative approval of banners over the public right -of -way; and WHEREAS, the land development code currently requires all requests for banners over public right -of way to be reviewed and approved by the City Commission; WHEREAS, administrative approval of such banners will streamline the process for approvals; and WHEREAS, at their May 14, 2013 Planning Board meeting following a public hearing, the board voted unanimously to recommend approval of an amended version of the proposed ordinance, removing the fees from the land development code and referencing the City's adopted fee schedule; and WHEREAS, the City Commission is desirous of accepting the Planning Board's recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20- 4.3(N) of the City of South Miami Land Development Code is hereby amended to read as follows: Section 20 -4.3 (N) Banners over Rights -of -Way. (1) Organizations wishing to display a banner over rights -of -way in the City of South Miami must submit .too-. -the 4lanning-Deparement a "Banner Request" application to the Planning Department at least thirty (30) days in advance of the banner installation date. event. (2) The city eeffifflissiel manager 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 (3) special events shall be displayed at any given time; Page 1 of 3 Ord. No. 15 -13 -2162 (c) Banners may only be displayed ten (10) to fourteen (14) days before the advertised event takes place;; —, and banners must be removed within five (5) days after the end of the special event. (d) Banner design, artwork, color, size, proposed location and wording must be approved by the city manager, 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 named insured for the period of time banner is displayed. (4) The organization requesting the banner shall pay a fee established in the city's adopted fee schedule. T-1he organization ri, st r „ two ,,,.,,fed and fifty .7.,llar ($250.00)-k e in advance, or the actual cost incurred by the city to hang and remove the banner, whichever is greater. Local entities within the City of South Miami, or events that are held within the municipal boundaries of the city will be eligible for a 50 % discount of the established fee. The city commission may adjust this fee from time to time in order to reflect the current costs of installation. The city or one (1) of the firms approved by the city to hang and remove the banners will be the only entities performing this task. Banners shall be dropped off for installation and picked up after removal at the City's Public Works Department at times determined by the Public Works Department. It is the applicant's responsibility to collect their banners within five (5) business days following the event. The Public Works Department shall dispose of all banners not picked up by the applicant within the specified time frame. Banners not delivered and /or picked up in a timely manner may incur an additional fee for installation or storage. Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. 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 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5. Effective Date. This Ordinance shall become effective on October 1. 2013. Page 2 of 3 Ord. No. 15 -13 -2162 PASSED AND ADOPTED this 2 "d, day of July, 2013. 1st Reading: 6/4/13 2nd Reading: 7/2/13 CITY ATTORNEY APPROVED: mlr�A� COMMISSION VOTE: 4 -0 Mayor Stoddard: absent Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea Page 3 of 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - JUNE 18, 2013 in the XXXX Court, was published in said newspaper in the issues of 06/07/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, reb , ommis 'on or refund for the purpose of sew d ertisement or publication in the said and subscribed before me this 07 day of JUNE A.D. 2013 (SEAL) MARIA MESA personally known to me Notary Public State of Florida Cheryl I-1 Marmer 1' e My Commission EE 189528 'oxsde>� Expires 07118/2016 p ^r u iaVanf >vxnrf:R' t 427 p µ CITY OF SOUTH: MIAMI NOTICE OPPUBLIC SWEARING NOTICE IS HEREBY glven.that the City Commission of the City of South Miami, Florida will conduct Public Hearings) at its regular City Commission meeting scheduled fo"r Tuesday, June 18,2013 ' beginning at 7:00 pm in the Clty Commission Chambers ;'6130 Sunset Drive, to consider,the following item(sr A Resolution fo approve -a multiyear employment agreement. between the Gify of South ,Miami. and Steven Alexander, tot provideCityManagerServices. '• A,,Resolutiori rekating ao a request pursuant to. SecUop 20= 3;4(8)(6) of the.City of South Miami Land D, eveiopment Code far. Special Use `Approvai;. to lobate a used merchandise store: consignment goods, at 5770 SW 72 Street within.khe Specialty Retail SR HorrietownDestnc D OV to verbatim reco testimony and 617 )roceedings Is. made which i upon which the appeal is to b 1 aurant at :Sartmn Section 15 -1 nd theaanding. -: . the c[ty Ulnas ; MIAMI DAILY BUSINESS REVIEW Pobbahed Dally except Saomay. Sunday and Legal MOliaays Miami. Miami Deda County, Ploade STATE OF FLORIDA COUNTY OF MIAMI -OADE: Before the undersigned authority personally appeared O.V. FERBEYR S. who on oath says that he or she is the VICE PRESIDENT. Legal Notices of fine Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County. Florida; that the attached copy of advertisement. being a Legg' AcNe_rtiSeme.nt of Notice in the matter of CITY OF SOUTH MIAMI CITY CCMMISSION PUBLIC HEARING 7/2/2013 in the XXXY, Court, was oubfshed in said newspaper in the issues of 06 %21.12013 Affianf further says Mat the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County. Florida and !hat the said newspaper has heretofore been continuously published in said Miami -Dade County. Florida- each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at line post onffca in Miami in said Miami -Dade Counly, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any Berson, fine or corporalbn env discount, rebate, commission or refund for the purpose or septxing adve nt for ublicalio in the said newspaper, Sworn to and subscribed before me this 21 day Or JUNE . A.D. 2013 (SEAL) 0 . FEREE'YRE personally known to me Nhe ovblic.5W, pt%nds % • CF,ena i; tNar -,-,e - -mr.07118 ^ lE +99529 w 07He12p 16 s anr•,,� ;�3a CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY gtwn that the City Commission of the City of South Miami, Florida will conduct Public Hearings) at its regular rffy Commission meeting scheduled for Tuesday, July 2, 2013, begin ring x17:00 p.m., in the City Commmsson Chambe, 6130 Sunset ormr, , 10 consider tho Wlowivm ilemis): A Rasoution of the City of South Miami meating in a request to allow for the creation of parcels 1 through S, on properly SpBCifically Icpafed al 6150 SW 801h SlraeC 5120 Sw Both Street; and 6040 SW Both Stmel, South Miami. P!odda within an RS -3; Low Density Single-Family ReavOrefis 2onirfg DlstoGl' as per"Inem bq pransinme w.r ameg to - Waiver of Plat" set forth in Section P.a. 4.2181 of the City of South Miami Land Development Cods, and Section 284 M m¢ Miami- Dad, County Code: fn- the purpos¢ of consmictinq five new single femlly homes: and providing for a lagal de5criplion. A Raiolutinn of the. City of South killami mtadnq 11 a 1Bgy BSt t0 anew for the creauah of parcels A, B. and C on the NMhem portion of property SOCi icalry located at 6250 SW 56th SlreaL South $ i3eo p Sinrt- Famiy ResidenMiami. Florida drs n oRn list 7oning Di¢waapnR bw Orry ns pge Waiver of Plat' set forth in Section 20- 4.218) of the Cft of Boutin Miann Lard oavelopmerrt Code. and Section 28-1 of the Miami -Dade Unty Code: tar the purpose 0 constructing three w smgia- fmily mes: and oro�Qng tora legai decoptn. A Resolution of the (Ay of South Miami relaying to a request p allow for the tmaadon of parcels A, 0, C. and D on the Southern portion of property specifkaAy located at 6250 SW 561h Street, South Miami, Florida with!, an 11%1 Low Density Single -Faintly Residantial Zoo ing DiSidct. as DertniRed by pIlisiIXis pedaining in 'Waiver of Mar cal forth in Section 2o- 4.210) of Me City of South Miami Land Davelopment Code, and Section 28.4 of the Miami - Dade County Code: for the Purpose of conseucpnq three new Single - gamily hornes;antl providing fora legal description, A Ras.volon aulhndaing the O'ty Manager to 9nler into a three raj year Cartnnueity Space Lease Agreement belwarin Miami -Dade County. through is ixablic Housinq d Community Development (PMCD), and lino C4y of South Mgmi for the premises located at SaSa11h Miaml Darden Publis Housing Development, 6726 SW 59th Place. Sours Miami. Florida. A PesdutiM relatingl0 axteRfai flrsnaal adtliiseMlLes. authadSmg me Interim City M2m3gar in hire a new independent exlemet furancial auditor and e—rut a Mo year audl corrtractw8h the aud'd firm of ChanyBekaert. LLP., with the option b rene+r foroneyear. R se dashed by she City Me eager. An Ordinance amending the Code d Ordinances Section 15-1 - Reseroed, prohibiting the oosration of helipads and the landing or takeoff ofheli000le+s oratheraucraRvrilhthadry limits a—of in he e of police. (ire or similar m r doll ergency. and dreefing Section 155t(A) filled 'Pemel y, to include pi mines for Wolations. and provitling CormMlicis. An ordnance 9mending Sams -20- 4.31 ") - banners over rightswf• V. to allow for admihshaWO reviaw and approval of reauesLS for bonnets; werang a refanim- to the dN's tae schedule; providing atldtion" requirements for applicants responsiMllies and providingforowtuos. ALL mterectod parties are invited loatfend and M11 be heard. For further information, please contact ma Cdy Dark's Office at 305.863-8340. Maria M. Menendez, CMC City Clerk PWPdant b Florida Stalutes 286.0105, the City hereby advises Nre public hat We decides to appeal any dar ion made by this Board. Agency or Commission vein respect m any mails, ocrrsdered at ifs m flhif or headng. he m she will need a rscord of the prcceedings, and thatforsuchpurpose, affected person may need to ensure that averbaft record of Me Proneedngs is made aMkh ,.old incWes the testimony W evidence tow which the appeal Is to be based. 6121 1 &3.265721oBgg5M