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5South Miami NFNnedaaCity CITY OF SOUTH MIAMI , r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager f 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 Certificate, LDC Section 20- 4.3(N), Banner Status Report 2011 XAComm Items \2011 \2 -15 -1I \13anner Fairchild Orchid Event CM Report.doc X1Comm Items\2011\2-15 -1I \Banner Fairchild Orchid Event CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 +i 48 49 RESOLUTION NO. 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 91h 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 9ffi 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 , day of , 2011. ATTEST: CITY CLERK MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (2) READ AND APPROVED AS TO FORM AND SUFFICIENCY: XAComm Items \2011\2 -15 -11 \13anner Fairchild Orchid Event Resolution -doc Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: P]LAITNING and ZONING DEPARTMENT 6130 Sunset Drive, South lMiami;.Pl 33143 305-663 -6326 Banner Request Applieati ©n 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- 43(N) Attached Name of Not for Profit Organization ; 4iI'Clgl lG� T1 b�/ Cf l Of�IlilC �A0l G�VY Address of Organization lQ %Q/ 0/(7( eo�kr" Kolyd eYirrl�i fG 33lSCn Contact Person Title COW1,?2 C 06 ilk ' Phone 3U5 90S 8DS3 Briefly describe event for which you wish to display a banner in South Miami. Ogch! -, . -R Sf/ y(4 CeIe,btl i7l-c -S /'/ife In ds-7 C0yf- CeCi Event date(s) J-// - Dates banner to be displayed 31 t l (� I to 3 i 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 # ATTACHMENTS REQUIRED: Proof of Insurance ?42j-,Y- Banner Design (including wording) Proof of current Non - Profit Corp. Status Recd 11414 " Rec'd 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 1/z inch nylon rope with hooks and the banner must have vents. City Commission Approval Resolution No. Date City Manager (To be signed by City Afanagerfollowing approval by City Commission) Rev. 12120120101113111 P:1 Formsl PB- Banner Application.dae �� T �� ., T!. i` �!� e 4 1C. g D,J)' unrN of tLc "I)emiry +� .. 7nlernxl Goconuo service P.O. Box 2508 Cincinnati OH 45201 010824 FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 33156 -4233 In reply refer to: 0248667147 July 22, 2010 LTR 4168C 10 59- 0668480 000000 00 00016746 BODC: TE RtL(; IV!i;)) JUL 232010 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 509(x)(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, please call La at the telephone number shown in the heading of this letter. v ,A,A Y Pt TI'7} (? C)rparlmrnl cf t6t Tri1xsurp `Iii li i1�3..�` Inlern:N 4ircenue Srnier P.O. Box 2508 Cincinnati. OH 45201 010824.728601.0059.002 1 AT 0.357 532 lit IbIIII] I III Jill] III I1 11111111111I tImlIlullldIIIIIIIIIIIII FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 33156-4233 010824 7 J,. ,,, �� a• . -� CUT OUT AND RETURN THE VOUCHER AT THE BOTTOM OF THIS PAGE IF YOU ARE MAKING A PAYMENT, EVEN IF YOU ALSO HAVE AN INQUIRY. IRS address must appear in the window 0248667147 BODCD-TE INTERNAL REVENUE SERVICE P.O. Box 2508 Cincinnati OH 45201 Use for payments Letter Number: LTR4168C Letter Date 2010 -07-22 Tax Period 000000 *590668480* FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 33156 -4233 '�__: :1 •� IIII11 ,. I Iloilo ONE AC®R®r" CERTtFECATE- ®F G' PABEL�TY 8NSURANCE PRODUCER 1- 305 -592 -6080 Arthur J. Gallagher Risk Management Services, Inc. THIS CERTIFICATE IS ISSU ONLY AND CONFERS NO 8200 N.W. 41st Street HOLDER. THIS CERTIFICA'. Suite 200 ALTER THE COVERAGE AF Miami, FL 33166 INSURED INSURERS AFFORDING COVET Fairchild Tropical Botanic Garden INSURERA: Vigilant Insurance 10901 Old Cutler Rd. INSURERS: INSi1RER C_ Coral Gables, FL 33156 D AS RIGHTS Cc DATE(MMIDDM'YY) 02/03/2011 THE POLICIES OF n' INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RERTAIN, HE I TERM C CONDITION BY ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ISR DD' TR SR P000YNUMBER POLICY EFFECTIVE POLICYEXPIRATION AMP A X �GENERAL LIABILITY 35 _ZTE IMM/ODMI D6TEIMM1I) rYYI LIMITS FA'C,,.MERCIAL GE 03 /01 /20l 03/01/11 EACHnnnuaoce,no NERALLIABILITY CLAIMS MADE E OCCUR ANYAUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS (Ea accident) $ SCHEOULEDAUTOS BODILYINJURY HIREDAUTD$ (Perperson) $ NON-OWNEDAUTOB BODILYINJURY accident) (Per accitlent) $ PROPERTYDAMAGE AGE LIABILITY (Peranddent) S ANYAUTO AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ emn..e.,. -.. ...._..._. AUTOONLY: OCCUR u CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICEWMEMBER EXCLUDED? Orchid Festival banner to be displayed from 02/28/11 to 03/13/11. City of South Miami, Public Works a Engineering Dept 3795 SW 75th Avenue Qiami, FL 33155 USA 4CORD 25 (2001/08) BETLAZ 19637177 11000,000 2,000 1,000,000 2,000,000 2,000,000 w nN r Vi- IME ABOVE DESCRIBED 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 1988 20 -4.3 OTIM REG()I,,A.TIONS (N) Banners ouer.Etighls -orwaY (1) organizations wishing to display a banner aver rights -of- -way in the `City of South Miami most submit to the planning Department a "Banner Request" application at ,least thirty (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 (3) special events shall be displayed at any given time; (c) Banners may be displayed tan (10) to fourteen (14) days before the advertised event takes place; banners must be removed withsn five (5) days after the end of the special event, (d) Banner design, color, size,;jisbposed location and wording must be approved by the city commission, and must be submitted along with raquest. (3) The organization displaying a banner must provide proof of publio liability insurance naming the City of Booth Miami as additionally insured for the period of time banner is displayed. (4) The organization must pay a two hundred and fiity-dollar (25o.00) fee in advance or the actual cost incurred by the city to hang and remove the banner. The city commission. may adjust this fee from time to time in order to reflect g current Costs of installation. The city or one (1) of the firms approved by the city to the banners will be the only entities performing this task. (Ord. No. 1- 91- 246fi,1- 15 -91 Ord. No. 9-92-1504,5-19-92; Ord. No. 4.93 -1533, 6 -1 -93; Ord. No. 18 -93 -1544, §§ 2,.3, 11.16 -93; Ord. No. 19- 9�r1619, $ 1, 10 -1 -96; Ord, No. 6 -98 -1654, § 3, 4- 21 -98; Ord. No. 9 -99 -1683, §§ 2, 3, 5 -4-99; Ord. No. 22.01 -1753, $ 1, 10 -2-01> Ord. No. 10-07 -1911, $ 1, 5.1-07) �a 0 N w O H � FBI V � W O O OW H � U pa H p. Q G O N O O a N C •� iii � .fl .D f�. U� Z° a o o 00 00 00 00 L Ln w a 1jy _d w rAw nw Vw O Qy '•� � � �i V b U Ti rs1a� v�U wc7 wc7