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24revisedORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, establishing the South Miami Farmers' Market; providing for waiving certain fees, and allowing the Farmers' Market operator special means to promote the market providing for severability, ordinances in conflict, and an effective date. 9 Whereas the South Miami Farmers' Market ( "the Market ") is established by the City of South 10 Miami ( "the city ") as a service and amenity to its residents and in order to advance the city's 11 sustainability initiative; and 12 13 Whereas the South Miami Farmers' Market is the city's market and takes place on city property; 14 and 15 16 Whereas the South Miami Farmers' Market is operated under a contract between the city and a 17 private organization ( "the operator "); and 18 19 Whereas the South Miami Farmers' Market operates in the tradition of other farmers' markets as 20 a weekly event requiring temporary signage; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 23 OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1: The City of South Miami shall seek to advance the success and smooth 26 operation of the market by providing the Farmers' Market operator with the following contracted 27 services and special means, as well as waiving the following fees, to promote the market: 28 29 a.. The Farmers' Market operator shall apply for one event permit per year that shall cover 30 all the normal activities of the weekly market. The city shall waive all other fees and 31 permits normally associated with the weekly event. The Farmer's Market operator shall 32 comply with all requirements of the City's Code of Ordinances, other than for the 33 exceptions that are provided in this special Farmer's Market Ordinance. 34 35 b.. Special events, in addition to the normal activities of the market, may be approved by 36 the city manager without additional permitting. 37 38 c. The Fanners' Market operator shall apply for a temporary sign permit that describes the 39 locations and types of signs necessary for the normal operation of the market. A single 40 permit shall cover all temporary signs associated with the market for one full year. 41 Temporary signs for the Farmers' Market may be free - standing or mounted on a wire frame 42 similar to political signs. Signs may be installed on city street easements in the vicinity of 43 the market during the day of the market and shall be removed within two hours of the 44 market's close. The city shall waive the fee associated with the temporary sign permit. 45 46 d. Special signage may be approved by the city manager without additional permitting. Page 1 of 3 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 e. The Farmers' Market operator may apply for a permit to hang one banner announcing the Market to be mounted across Sunset Drive. The city manager may, in his sole discretion, increase the usual term that the banner remains in place. The city manager shall only charge the operator the cost of installing the banner. The operator shall be responsible for ensuring that the banner is in good condition as determined by the city manager in his sole discretion. f. The Farmers' Market operator may install one sign on city property announcing the day and hours of the market. This sign shall comply with the City's Code of Ordinances and its location and appearance shall be approved by the city manager. This signage shall be reviewed according to the normal process for signs. The operator shall apply for the permit and the city shall waive the fee if the permit is granted. The operator shall maintain the sign in excellent condition. g. Farmers' Market hours and events will be announced on the City website and listed on the city calendar. Section 2. 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 3. This ordinance shall be included in the Code of Ordinances. Section 4. This ordinance takes precedence over ordinances in conflict with the provisions herein solely in their application to the South Miami Farmers' Market. Section 5. This ordinance shall become effective at the expiration of ten days after adoption. PASSED AND ADOPTED this _ day of 2011. ATTEST: APPROVED: CITY CLERK 1't Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: MAYOR Page 2 of 3 COMMISSION VOTE: Mayor Stoddard: 2 3 4 CITY ATTORNEY Page 3 of 3 Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: