Ord. No. 21-00-1723ORDINANCE NO. 21-00-1723
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
STORMWATER UTILITY, AMENDING CHAPTER 17 ENTITLED
"STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF
THE CITY OF SOUTH MIAMI, FLORIDA, BY PROVIDING DESIGNTED
ARTICLES AND BY ADDING A NEW ARTICLE ENTITLED
"STORMWATER UTILITY" PROVIDING FOR THE CREATION OF A
CITY OF SOUTH MIAMI STORMWATER UTILITY; PROVIDING FOR
ITS ORGANIZATION AND GOVERNANCE, PROVIDING DEFINITIONS
AND THE DETERMINATION AND COLLECTION OF FEES AND
PROVIDING FOR THE IMPOSITION OF LATE CHARGES AND
INTEREST AND OF LIENS THEREON; PROVIDING FOR FEE
EXEMPTIONS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES
FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the residents of the City of South Miami in
order to protect the public health, safety, and welfare of the community to establish a Stormwater
Utility within the municipal boundaries of the city that will be responsive to the critical needs
and demands of the City; and;
WHEREAS, the City exercises its option to be exempt from the provisions of the
Miami -Dade County Storwater Utility Resolution and from the purview and control of the
Miami -Dade County Stormwater Utility and;
WHEREAS, the purpose and intent of this resolution is to establish a citywide
stormwater utility in furtherance of the provisions of section 403.0893(1), Florida Statutes and
the City South Miami, Fla., Comprehensive Plan, as amended, and to adopt stormwater utility
fees sufficient to plan, construct, operate and maintain a local stormwater management system
pursuant to section 403.0891(3), Florida Statutes; and;
WHEREAS, the City of South Miami finds that is necessary and essential to create
stormwater utility to collect and dispose of stormwater within municipal limits and to insure
compliance with Federal Clean Water Act (NPDES) regulations, and;
WHEREAS, the City of South Miami finds that the fees established herein charge the
costs of the local program to the beneficiaries based on their relative contribution to its need and
represent a logical, reasonable and rational basis for allocating the costs of the local program.
CONTINUED...
ORDINANCE NO. 21-00-1723
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY
COMMISION of the CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The facts and recitations contained in the preamble to this ordinance are
hereby adopted and incorporated by reference thereto as if fully set forth herein.
Section 2. Chapter 17 entitled "Streets, Sidewalks and Excavations" of the Code of
Ordinances of the City of South Miami, Florida is hereby amended by the addition of a new
article entitled " Sotrmwater Utility" to read as follows:
Chapter 17.
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
ARTICLE H. SIDEWALKS
ARTICLE III. STORMWATER UTILITY
§§ 17 -24 —17 -29
Sec. 17 -24 . Title
This article shall be know as the City of South
Miami Utility Ordinance.
Sec. 17 -25 . Creation of South Miami Stormwater
Utility; organization of governance.
(a) There is hereby created and established
by the authority of section 403.0893(1), Florida
Statutes, as amended, a municipal stormwater
utility within the geographic boundaries of the City
of South Miami implementing the provisions of
section 403.0893 (1), Florida Statues, which shall be
named and know hereinafter as the South Miami
Stormwater Utility ( "Utility "). The Utility shall be
a public body corporate and politic which through
its governing body, the South Miami City
Commission, may exercise all those powers
specifically granted herein, those powers specifically
granted herein, those powers granted by law and
those powers necessary in the exercise of those
powers herein enumerated.
Underline indicates addition.
Page 2 of 9
ORDINANCE NO. 21-00-1723
(b) The governing body of the Utility shall
be the City of South Miami City Commission.
(c) The Utility shall be responsible for the
operation, maintenance, and governance of a
citywide stormwater utility to plan, construct,
operate and maintain stormwater management
systems set forth in the local program required
pursuant to section 403.0891(3), Florida Statues.
(d) The Stormwater Utility Manager shall
be the Director of the Utility.
(e) Administrative orders and regulations
of the City Manager shall prescribe the
organization and operating procedures of the
utility. The City Manager shall employ such
employees as may be necessary to operate the
Utility. The salaries and compensation of all
personnel of the Utility shall be determined by the
City Commission upon recommendation of the
City Manager pursuant to the regular budgetary
process.
See. 17-26. Definitions.
For purposes of this article, certain words and
terms are defined herein as follows:
(1) BMP (Best Management Practice). Any
storwater treatment facility (including, but not
limited to, exfiltration basin, grass swale, retention
pond, or detention pod), installed according to
accepted engineering design criteria for the
purpose of reducing the discharge of pollutants.
(2) Developed property. Any parcel of land
that contains an impervious area.
(3) Dwelling. Any building or portion
thereof that is used or intended to be used for
living, sleeping, cooking and eating.
Underline indicates addition.
Page 3 of 9
ORDINANCE NO. 21-00-1723
(4) Dwelling unit. A room or group of
rooms occupied or intended to be occupied as
separate living quarters by one family with
independent cooking and sleeping facilities.
(5) ERU (Equivalent Residential Usage
Unit). The estimated average of impervious area of
developed residential properties for each dwelling
unit within the City of South Miami. The estimated
average is calculated by dividing the total
estimated impervious area of developed residential
properties by the estimated total number of
dwelling units. The square foot estimated average
of impervious area of developed residential
properties shall be one (1) ERU for the purposes of
fee calculation.
(6) Impervious area. The horizontal
ground surface that is not readily penetrated by
rainwater. This shall include, but is not limited to,
all structures, slabs, patios, porches, driveways,
sidewalks, parking areas, athletic courts and decks.
(7) Mixed Use developed properly. The
horizontal ground surface that is not readily
penetrated by rainwater. This shall include, but is
not limited to, all structures, slabs, patios, porches,
driveways, sidewalks, parking areas, athletic
courts and decks.
(8) Nonresidential developed property. Any
parcel of land with impervious area that contains
only nonresidential uses.
(9) Outfall. Any and all conveyance of
stormwater, including sheetflow drainage,
associated with developed property that directs,
discharges, permits, or allows stormwater to enter
into a canal or municipal storm sewer.
(10) Residential developed property. Any
parcel of land with impervious area that contains
only dwellings or dwelling units.
Underline indicates addition.
Page 4 of 9
ORDINANCE NO. 21-00-1723
(11) Stormwater. The surface water runoff
that results from rainfall.
(12) Stormwater infrastructure. The
structural, nonstructural or natural features of a
parcel of land or watershed which collect, convey,
store, absorb, inhibit, treat, use, reuse, or
otherwise affect the quality or quantity of
stormwater.
(13) Stormwater utiiity fund or Fund. The
separate account established by the city for the
deposit and use of all stormwater utility fees
collected.
Sec. 17 -27 Fees.
(a) The City of South Miami Stormwater
Utility is hereby authorized and directed to
establish, charge and collect stormwater utility fees
upon all residential developed property, and all
Mixed Use Developed Property, and all
nonresidential developed property, and all outfalls
within the City of South Miami Florida sufficient
to plan, construct, operate and maintain
stormwater management systems set forth in the
local program required pursuant to section
403.0891(3), Florida Statues. Such fees shall be in
an amount set forth the by City Commission.
(b) Each residential developed proper
shall be charged a stormwater utility fee calculated
by multiplying the rate of one ERU by the number
of dwelling units on the parcel, multiplied by the
Utility Rate established by the City Commission.
(c) Each nonresidential developed
property shall be charged a stormwater utility fee
calculated by multiplying the Utility Rate
established by the City Commission, by a factor
derived by dividing the actual impervious area of
the particular nonresidential developed property
by the square footage base equivalent established
for one (1) ERU.
Underline indicates addition.
Page 5 of 9
ORDINANCE NO. 21-00-1723
(d) For purposes of calculating ERUs for
mixed -use properties, the number of ERUs for
each property shall be calculated by adding the
sum of the number of ERUs for dwelling units or
by the method described herein for nonresidential
developed property, whichever calculation
provides the greater fee shall be used.
(e) Each outfall associated with developed
property shall be assessed a Utility monitoring fee
upon the property. The outfall fee shall be in
addition to the ERU fees.
(f) The fees payable hereunder shall be
deposited in a separate Stormwater Utility Fund
and shall be used exclusively by the South Miami
Stormwater Utility to pay for the costs of planning,
constructing, operating and maintaining
stormwater management systems set forth in the
local program required pursuant to section
403.0891(3), Florida Statues.
Sec. 17 -28 . Fee Exemptions.
(a) Undeveloped Property
Sec. 17 -29 . Collection; liens.
(a) Fees shall be billed to the owner,
tenant, or occupant of each developed property. If
the fees are not fully paid by the owner, tenant or
occupant on or before the past due date on the bill,
a ten (10 %) percent late charge shall be added to
the bill and imposed by the Utility. Any unpaid
balance for such fees and late charge shall be
subject to an interest charge at the rate of eight
(8 %) percent per annum. Imposition of the
interest charge shall commence sixty (60) days
after the past due date of the fees identified on the
bill.
(b) Fees and late charges, together with
any interest charges, shall be debts due and owing
the Utility and shall be recoverable by the City on
behalf of the Utility in any court of competent
jurisdiction.
Underline indicates addition.
Page 6 of 9
ORDINANCE NO. 21-00-1723
(c) The Utility shall establish procedures
to notify owners, tenants, occupants and managers
of developed property of delinquent fee accounts.
(d) All fees, late charges and interest
accruing thereupon, due and owing to the Utility,
which remain unpaid sixty (60) days after the past
due date of the fees, shall become a lien against and
upon the developed property for which the fees are
due and owing to the same extent and character as
a lien for a special assessment. Until fully paid and
discharged, said fees, late charges, and interest
accrued thereupon shall be remain and constitute
a lien equal in rank and dignity with the liens of
county ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and
claims in, to or against the developed property
involved for the period of five (5) years from the
date such fees, late charges, and interest accrued
thereupon, become a lien as set forth in this article.
The lien may be enforced and satisfied by the City,
on behalf of the Utility, pursuant to Chapter 173,
Florida Statutes, as amended, or by any other
method permitted by law. The lien provided for
herein shall be supplemental to other legal
remedies for recovery of fees, late charges and
accrued interest.
(e) For fees which become more than
sixty (60) days past due and unpaid, the City or the
Utility shall cause to be filed in the office of the
Clerk of the Circuit Court Miami -Dade County,
Florida, a notice of lien or statement showing a
legal description of the property against which the
lien is claimed, its location by street and number,
the name of the owner and an accurate statement
of the fees and late charges the unpaid. A copy of
such notice of lien shall be mailed within a
reasonable time to the owner of the property
involved as shown by the records of the Tax
Collector of Miami - Dade - County.
Underline indicates addition.
Page 7 of 9
ORDINANCE NO. 21-00-1723
(f) Liens may be discharged and satisfied
by payment to the City, on behalf of the Utility, of
the aggregate amounts specified in the notice of
lien, together with interest accrued thereon, and all
filing and recording fees. When any such lien has
been fully paid or discharged, the City shall cause
evidence of the satisfaction and discharge of such
lien to be filed with the office of the Clerk of the
Circuit of Miami -Dade County, Florida. Any
person, firm, corporation, or any other legal entity,
other than the present owner of the property
involved, who fully pays any such lien shall be
entitled to receive an assignment of lien and shall
be subrogated to the rights of the City and the
Utility with respect to the enforcement of such lien.
(g) Notwithstanding other provisions to
the contrary herein, the City, on behalf of the
Utility, shall have the discretion not to file notices
of lien for fees, late charges and interest accrued
thereupon in an amount less than fifty ($50.00)
dollars. If the City or the Utility elects not to file a
notice of lien, such fees, late charges and accrued
interest shall remain as debts due and owing in
accordance with subsection (b) above.
(h) The Utility is authorized and directed
to execute and deliver upon request written
certificates certifying the amount of fees late
charges and interest accrued thereupon, which are
due and owing to the Utility and the City, for any
developed property which is subject to payment of
such fees, or the Utility may certify that no fees,
late charge or accrued interest are due and owing.
Such certificates shall be binding upon the City
and the Utility.
Underline indicates addition.
Section 3: Repeal of Resolutions in Conflict.
All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
Page 8 of 9
ORDINANCE NO. 21-00-1723
Section 4: Penalties.
Any person, firm or corporation convicted of violating the provisions of this
ordinance shall be punished by a fine, not exceeding $500.00, or by jail sentence, not
exceeding sixty (60) days, or both, in the discretion of the Court.
Section 5: Inclusion in Code.
The provisions of this ordinance shall be included and incorporated in the
Code of the City of South Miami, as an addition or amendment thereto, and the sections
of this ordinance shall be renumbered to conform to the uniform numbering system of
the Code.
Section 6: Severability Clause.
If any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared invalid or unconstitutional by the judgement or decree of a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this resolution.
Section 7: Effective Date.
This resolution shall become effective when passed by the City Commission of
City of South Miami, Florida and signed by the Mayor of the City of South Miami,
Florida.
PASSED AND ADOPTED this 19th
ATTEST:
LI_�s _
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY '
1st Reading: 9/5/00
2nd Reading: 9/19/00
dayof September2000
APPROVED
MAYOR
Page 9 of 9
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe
5 -0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission
FROM: Charles D. Scurr
City Manager /
944" J(
REQUEST
DATE: September 15, 2000
SUBJECT: Agenda Item # _
Commission Meeting,
-September 19, 2000
AN ORDINANCE AMENDING
CHAPTER 17 ENTITLED
"STREETS AND SIDEWALKS"
BY ADDING A NEW ARTICLE
ENTITLED "STORMWATER
UTILITY ".
The attached ordinance would create a Stormwater Utility owned and operated by the City.
BACKGROUND
Florida Statutes require each municipality to establish a Stormwater Utility for stormwater
management purposes. Currently, the City of South Miami satisfies this obligation by being a
member of the Miami -Dade County Stormwater Utility, and pays the County for the
administration of this legal entity.
The purpose of a Utility is to provide for stormwater quality and quantity management.
Inasmuch, the Utility serves both a flood management purpose, as well as to address
environmental concerns posed by stormwater runoff. Thus, inherent in the Utility's domain is to
comply with the Federal Clean Water Act's National Pollution Discharge Elimination System
(NPDES) regulations. Because of this, the Scope of the Utility extends to such diverse activities
as: developing flood management strategies, new drainage project construction, getting involved
with municipal zoning decisions (hazardous facility siting), implementing pollution control
initiatives to improve water quality in canals and surface water, developing spill prevention and
countermeasure plans for municipal facilities, conducting hazardous facility inspections,
performing chemical analysis of water quality samples, and to carry out public education
outreach to teach the proper use and disposal of pesticides, fertilizer, and other environmental
hazardous materials.
/continued ...
Mayor and City Commission
Stormwater Utility Ordinance
September 5, 2000
Page 2 of 3
To meet these Federal mandates, each Utility is required to adopt stormwater utility fees
sufficient to plan, staff, construct, operate and maintain a local stormwater management system.
These "stormwater user fees" are based upon the impervious area for developed property (i.e.,
the buildings and pavement which cause stormwater to be displaced), and are currently being
billed by both the Miami -Dade Water & Sewer Department (public water accounts) and Miami -
Dade County Department of Environmental Resources Management (DERM) for private water
well sites. The City receives the Stormwater User Fee Trust Fund through the County from these
billing sources.
BENEFITS ANALYSIS
As already mentioned, the City currently relies upon the County for the administration of the
Stormwater Utility. However, this arrangement is inefficient, requiring the County to review and
approve each expenditure in the Stormwater User Fee Revenue Budget. Consequently, if the
City were to form our own Utility, we would gain more flexibility over the expenditure of funds,
thereby provide increased responsiveness for our community.
In addition, since, technically, the Stormwater User Fee Budget is currently provided by the
County's Utility, DERM has indicated that this funding cannot be used by the City to leverage
grants or other funds — a serious constraint which could impact the State of Florida
appropriations. Thus, by forming our own Utility, the City could use the Stormwater User Fee
Budget as a grant matching source, or as a revenue source for financing drainage projects, etc.
The County also has control over the fee rates that the Utility charges. If the City were to form
our own Utility, we would have the ability to raise or lower fees as needed -- a capability we may
need to successfully leverage funding from Tallahassee in the future.
Another benefit is that the City currently pays the County approximately $12,000 per year for
Utility administration -- this ongoing expense would be eliminated if the City were to form our
own Utility.
Lastly, it should be mentioned that virtually every municipality in Miami -Dade County has
opted -out of the County's Utility (except for El Portal), and formed their own Utility for these
same reasons.
COSTS ANALYSIS
The principal "cost" for forming our own Utility is through the additional responsibilities that the
City would inherit.
/continued ...
Mayor and City Commission
Stormwater Utility Ordinance
September 5, 2000
Page 3 of 3
However, under any scenario, WASD would still perform the billing of water customers.
Therefore, in effect, the City would only be replacing the role of DERM in Utility
Administration. An analysis of current municipal capabilities indicates that the current services
provided by DERM could be provided by City staff, as outlined below:
A designated Stormwater Utility Manager would be needed for accountability, and to ensure that
all the diverse activities listed above are performed and coordinated. The Stormwater Utility
Manager would also be responsible for reviewing and proposing a stormwater user fee rate that
is proportional to the Stormwater Utility needs, in accordance with the NPDES Stormwater
Management Plan. This person would also be a liaison to other agencies such as DERM on
Stormwater management and planning issues. Accordingly, the Fiscal Year 2000/2001 Budget
provides for a new "Stormwater Utility Manager" position to be created for this purpose.
RECOMMENDATIONS
Even with the additional responsibilities the City would assume by forming our own Utility, the
financial flexibility gained through controlling the fee rates, and the ability to leverage State
funding, makes it clear that the formation of a Stormwater Utility is in the best interests of the
City. Approval of the attached ordinance is therefore recommended.
Attachments
Corresponding City
DERM Service
Department impacted
1)
Direct municipal billing of non -WASD accounts
Finance
2)
Customer Service for non -WASD accounts
Finance
3)
Collections & Enforcement (liens, etc.) of delinquent accounts
Finance
4)
Account Reconciliation / Audit Requirements
Finance
5)
Locating non -water customers not currently listed
Planning Dept.
6)
Calculation of commercial fees based upon impervious area
Planning Dept.
7)
Coordination with WASD on new accounts
SW Utility Manager
8)
Fiscal planning (setting the fee rate proportional to need)
SW Utility Manager
9)
NPDES activities and Environmental Planning
SW Utility Manager
A designated Stormwater Utility Manager would be needed for accountability, and to ensure that
all the diverse activities listed above are performed and coordinated. The Stormwater Utility
Manager would also be responsible for reviewing and proposing a stormwater user fee rate that
is proportional to the Stormwater Utility needs, in accordance with the NPDES Stormwater
Management Plan. This person would also be a liaison to other agencies such as DERM on
Stormwater management and planning issues. Accordingly, the Fiscal Year 2000/2001 Budget
provides for a new "Stormwater Utility Manager" position to be created for this purpose.
RECOMMENDATIONS
Even with the additional responsibilities the City would assume by forming our own Utility, the
financial flexibility gained through controlling the fee rates, and the ability to leverage State
funding, makes it clear that the formation of a Stormwater Utility is in the best interests of the
City. Approval of the attached ordinance is therefore recommended.
Attachments
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
Octeima V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review f /kra Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miamb
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
-TTY `Z
PUBLIC HEARING- 9/191/00
ORDINANCE A='TDINv SEC,
2A ETC.
in the .............XXk... r; ..., ..........,...... Court,
was published in spa d 0"spaper in the issues of
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 she h either paid nor promised
any person, firm or corpo on an discount, rebate, com-
mission or re nd for t urpose securing this advertise-
ment for p iicatior}' a said ne spaper.
:d before me this
2000
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EXPIRES: March 4, 2004
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......
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearings during its regular City
Commission meeting Tuesday, September 19. 2000 beginning at 7:30
p.m„ in the City Commission Chambers, 6130 Sunset Drive. to consider
the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
LOBBYISTS; AMENDING SEC. 8A -5. ENTITLED "LOBBYISTS:
REGISTRATION AND REPORTING, EXEMPTIONS." OF THE
CITY OF SOUTH MIAMI CODE, BY CREATING PARAGRAPH
(g), ENTITLED "PROHIBITION ON APPOINTMENT OF LOB-
BYIST TO BOARDS AND COMMITTEES: PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EF-
FECTIVE DATE. (1" Reading -Sell emoer 5, 2000). r..,,,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA. AMENDING
CHAPTER 17 ENTITLED "STREETS AND SIDEWALKS" OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIA-
MI, FLORIDA, BY PROVIDING DESIGNATED ARTICLES AND
BY ADDING A NEW ARTICLE ENTITLED "STORMWATER
UTILITY" PROVIDING FOR THE CREATION OF A CITY OF
SOUTH MIAMI STORMWATER UTILITY, PROVIDING FOR ITS
ORGANIZATION AND GOVERNANCE, PROVIDING DEFINI-
TIONS AND THE DETERMINATION AND COLLECTION OF
FEES AND PROVIDING FOR THE IMPOSITION OF LATE
CHARGES AND INTEREST AND OF LIENS THEREON; PRO-
VIDING FOR FEE EXEMPTIONS: REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING PENALTIES FOR VIOLATIONS HEREOF;
PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFEC-
TIVE DATE, (1" Reading - September 5, 2000)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
RIGHTS -OF -WAY; APPROVING A LICENSE AGREEMENT
BETWEEN THE CITY AND METROMEDIA FIBER NET WORK
SERVICES, INC. TO INSTALL, OPERATE AND MAINTAIN
TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL
RIGHT -OF -WAY; PROVING FOR SEVERABWTY, ORDI-
NANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1 "Read-
ing - September 5, 2000)