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South Miami .,0,.
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
;"OTfi
To: The Honorable Mayor and Members of the City Commission
Via: Steven Alexander, City Manager
From: Christopher Brimo, AICP ~ /
Planning Director /'
Date: June 12,2013 ITEMNO.~
A Resolution relating to an application pursuant to the City of South Miami Land
Development Code Section 20-4.3(N), requesting approval to permit the installation
of a banner over the public right-of-way at 5880 Sunset Drive to promote an event
titled "21 sl Annual Mango Festival at Fairchild," held by the Fairchild Tropical
Botanic Garden on July 13 through July 14,2013.
APPLICANT'S REQUEST
The applicant, Fairchild Tropical Botanic Gardens, a non-profit organization, submitted a
Banner Request Application requesting approval to hang a banner over Sunset Drive to
promote the event "21 sl Annual Mango Festival at Fairchild." This is a festival
showcasing twenty-one years of The Mangos of Fairchild: Evolution, and benefiting the
Fairchild Tropical Botanic Gardens on July 13-14,2013.
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.
Section 20-4.3(N) of the Land Development Code states the following:
1. Organizations wishing to display a banner over rights-aI-way in the City of
South Miami must 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;
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c. Banners may be displayed ten (10) to fourteen (14) days before the
advertised event takes place,' banners must be removed within (5)
days after the end of the special event.
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 two hundred and fifty-dollar ($250.00) 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 the current costs of installation. The city or one (1) of the first
approved by the city to hang and remove the banners will be the only
entities performing this task.
The applicant has requested that the proposed banner be placed over Sunset Drive at 5880
Sunset Drive beginning on July 1, 2013 through July 12, 2013, which is a display time
period of twelve (12) days before the event is scheduled to take place. However, because
the Public Works Department only hangs/removes banners on Wednesdays, the display
time period has been modified to July 3, 2013 through July 17, 2013, which is a display
time period of ten (10) days before the event is scheduled to take place.
RECOMMENDATION
Staff recommends that the Commission approve the banner request application for the
period of July 3, 2013 through July 17, 2013, which is in compliance with Section 20-
4.3(N) of the City'S Land Development Code.
Backup Documentation:
• Resolution
• Banner Request Application, submitted on May 31, 2013
• Fee Schedule, Part 2 of4, dated may 31, 2013
• Banner Design -Exhibit "A"
• Insurance Certificate
• Non-Profit Certificate
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RESOLUTION NO. ____ _
A Resolution relating to an application pursuant to the City of South Miami
Land Development Code Section 20-4.3(N), requesting approval to permit
the installation of a banner over the public right-of-way at 5880 Sunset Drive
to promote an event titled "21 st Annual Mango Festival at Fairchild," held
by the Fairchild Tropical Botanic Garden on July 13 through July 14,2013.
•
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 Garden, a non-profit
organization, submitted a Banner Request Application asking for approval to hang a banner over
Sunset Drive to promote the event titled "21 sl Annual Mango Festival at Fairchild," an event to
be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road, between July 13
and July 14,2013.
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 the Fairchild Tropical Botanic Garden event.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The request submitted by the Fairchild Tropical Botanic Garden, a non-
profit organization, for approval to hang a banner (Exhibit "A") over Sunset Drive at 5880
Sunset Drive, to promote the event titled "21 sl Annual Mango Festival at Fairchild," an event to
be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between July 13
through July 14, 20 l3 is hereby approved during the following period: July 3, 2013 through July
17,20l3.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this __ , day of ___ , 20l3.
ATTEST: APPROVED:
CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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DEPARTMENT
OF REVENUE
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II Consumer's Certificate of ExemptIDnl]
Issued Pursuant to Chapter 212, Florida Statutes
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DR-14
R. 04/05
08/25/09
8S-801264665SC-2 11/30/2009 11/30/2014 S01 (C)(3) ORGANIZATION
Cerl iflca l e N umbE!! Efl ective Date
This certifies that
FAIRCHILD TROPICAL BOTANIC GARDEN INC
10901 OLD, CUTLER RD
MIAMI FL 33156-4233
Expi rati on Date Exempllon Ca tegory
is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible
personal property purchased or rented, or services purchased.
" DEPARTMENT
OF REVENUE
Important Information for Exempt Organizations DR·14
R.04/05
1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (FAC).
2 . Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sale or lease to others by your
organization of tangible personal property, sleeping accommodations or other real property is taxable. Your
organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches
are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC).
5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree
felony. Any violation will necessitate the revocation of this certificate.
6 . If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central
Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480.
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