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09-19-00S MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: September 19, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: October 3, 2000 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) *scheduled from 7:00 p.m. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes August 1, 2000 August 15, 2.000 REGULAR CITY COMMISSION AGENDA - September 19, 2000 — Regular City Commission Minutes - Regular City Commission Minutes 1 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $19,891.25, CHARGING $770.69 TO ACCOUNT NO. 1500 - 514 -3452, CODE ENFORCEMENT; CHARGING $1,823.41 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $12,894.55 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $2,425.10 TO ACCOUNT NO. 608 - 1910 - 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; AND CHARGING $1,977.50 TO ACCOUNT NO. 1500 - 514 -3420, TELECOMMUNICATIONS; PROVIDING AN EFFECTIVE DATE. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO WINDSTORM INSURANCE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO PROVIDE ALL REASONABLE ASSISTANCE TO THE PROCESS OF A CITIZEN'S INITIATIVE TO AMEND THE FLORIDA CONSTITUTION TO REQUIRE THE DEPARTMENT OF INSURANCE TO PROVIDE AFFORDABLE AND ADEQUATE WINDSTORM COVERAGE TO ALL FLORIDA PROPERTY OWNERS; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING JACQUELYN COFIELD AND BERNARD MICHELSON TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 19, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING JEANETTE MARIE COTTO TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CHARLES B. CHRISTIE TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM REGULAR CITY COMMISSION 2 AGENDA - September 19, 2000 ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING A WORK ORDER FOR A TOTAL AMOUNT OF $29,750 TO KIMLEY HORN AND ASSOCIATES, INC., FOR A DOWNTOWN TRAFFIC STUDY AND AUTHORIZE THE FINANCE DEPARTMENT TO SET UP A RECEIVABLE ACCOUNT OF $25,000 AND CHARGE $4,750 TO ACCOUNT NO. 001 - 2100 - 519 -9920 ENTITLED "CONTINGENCY FUND. (Mayor Robaina /Comm. Wiscombe) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NATIVE TREE SERVICE, FOR THE PRUNING, LIFTING, CLEANING, AND REMOVE OF TREE STUMPS LOCATED AT OPEN SPACE PARK FOR $8,190.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 0000 -131 -8010, "SAFE NEIGHBORHOOD /OPEN SPACE PARK GRANT." (Comm. Russell) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 11. 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 LOBBYIST TO BOARDS AND COMMITTEES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1't Reading - 9/5/000 3/5 (Comm. Wiscombe /Vice Mayor Feliu /Comm. Bethel) 12. 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 MIAMI, 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 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 VIOLATIONS HEREOF; PROVIDING FOR REGULAR CITY COMMISSION 3 AGENDA - September 19, 2000 INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 13. 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 NETWORK SERVICES, INC. TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 14. 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 TCG SOUTH FLORIDA TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF- WAY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 RESOLUTION(S)1PUBLIC HEARING(S) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A SEALTH CELLULAR COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 6330 S.W. 40TH STREET (BIRD ROAD) WITHIN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT. 4/5 RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; REQUIRING PROPOSED LEGISLATION BE ACCOMPANIED BY AN ECONOMIC IMPACT STATEMENT; PROVIDING AN EFFECTIVE DATE. (Deferred from 9/5/00) (Commissioner Russell) 3/5 ORDINANCE (S) FIRST READING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL; AMENDING CHAPTER 16A, OF THE CITY OF SOUTH MIAMI CODE, ENTITLED "PERSONNEL SYSTEM" IS AMENDED TO CREATE A NEW SECTION 16A -40, ENTITLED "EMPLOYMENT OF APPOINTEES TO BOARDS AND COMMITTEES PROHIBITED "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (deferred from 8/5/00 and 9/5/00) 3/5 (Comm. Bethel /Vice Mayor Feliu /Comm. Wiscombe) REGULAR CITY COMMISSION 4 AGENDA - September 19, 2000 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2 ) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. " PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, -THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION Jr AGENDA - September 19, 2000 MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commissi ®n Meeting Meeting date: September 19, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: October 3, 2000 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance Ado. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) *scheduled from 7:00 p.m. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes August 1, 2000 August 15, 2.000 REGULAR CITY COMMISSION AGENDA - September 19, 2000 - Regular City Commission Minutes - Regular City Commission Minutes 1 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF- $19,891.25, CHARGING $770.69 TO ACCOUNT NO. 1500 - 514 -3452, CODE ENFORCEMENT; CHARGING $1,823.41 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $12,894.55 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; CHARGING $2,425.10 TO ACCOUNT NO. 608 - 1910 - 521 - 3100, PROFESSIONAL SERVICES, FORFEITURE; AND CHARGING $1,977.50 TO ACCOUNT NO. 1500 - 514 -3420, TELECOMMUNICATIONS; PROVIDING AN EFFECTIVE DATE. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO WINDSTORM INSURANCE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO PROVIDE ALL REASONABLE ASSISTANCE TO THE PROCESS OF A CITIZEN'S INITIATIVE TO AMEND THE FLORIDA CONSTITUTION TO REQUIRE THE DEPARTMENT OF INSURANCE TO PROVIDE AFFORDABLE AND ADEQUATE WINDSTORM COVERAGE TO ALL FLORIDA PROPERTY OWNERS; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING JACQUELYN COFIELD AND BERNARD MICHELSON TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR T%70 YEAR TERMS ENDING SEPTEMBER 19, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING JEANETTE MARIE COTTO TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 S. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CHARLES B. CHRISTIE TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM REGULAR CITY COMMISSION 2 AGENDA - September 19, 2000 ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING A WORK ORDER FOR A TOTAL AMOUNT OF $29,750 TO KIMLEY HORN AND ASSOCIATES, INC., FOR A DOWNTOWN TRAFFIC STUDY AND AUTHORIZE THE FINANCE DEPARTMENT TO SET UP A RECEIVABLE ACCOUNT OF $25,000 AND CHARGE $4,750 TO ACCOUNT NO. 001 - 2100 -519 -9920 ENTITLED "CONTINGENCY FUND. (Mayor Robaina /Comm. Wiscombe) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NATIVE TREE SERVICE, FOR THE PRUNING, LIFTING, CLEANING, AND REMOVE OF TREE STUMPS LOCATED AT OPEN SPACE PARK FOR $8,190.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 0000 -131 -8010, "SAFE NEIGHBORHOOD /OPEN SPACE PARK GRANT." (Comm. Russell) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 11. 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 LOBBYIST TO BOARDS AND COMMITTEES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1a- Reading - 9/5/000 3/5 (Comm. Wiscombe /Vice Mayor Feliu /Comm. Bethel) 12. 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 MIAMI, FLORIDA, BY PROVIDING DESIGNATED ARTICLES AND BY ADDING A NEW ARTICLE ENTITLED "STORMWATER UTILITY" PROVIDING FOR THE CREATION OF A CITY OF SOUTH MIAMI STORM,7ATER 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 VIOLATIONS HEREOF; PROVIDING FOR REGULAR CITY COMMISSION 3 AGENDA - September 19, 2000 INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 13. 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 NETWORK SERVICES, INC. TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 14. 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 TCG SOUTH FLORIDA TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF- WAY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 RESOLUTION(S)/PUBLIC HEARING(S) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A SEALTH CELLULAR COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 6330 S.W. 4OTH STREET (BIRD ROAD) WITHIN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT. 4/5 RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; REQUIRING PROPOSED LEGISLATION BE ACCOMPANIED BY AN ECONOMIC IMPACT STATEMENT; PROVIDING AN EFFECTIVE DATE. (Deferred from 9/5/00) (Commissioner Russell)3 /5 ORDINANCE (S) FIRST LEADING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL; AMENDING CHAPTER 16A, OF THE CITY OF SOUTH MIAMI CODE, ENTITLED "PERSONNEL SYSTEM" IS AMENDED TO CREATE A NEW SECTION 16A. -40, ENTITLED "EMPLOYMENT OF APPOINTEES TO BOARDS AND COMMITTEES PROHIBITED "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (deferred from 8/5/00 and 9/5/00) 3/5 (Comm. Bethel /Vice Mayor Feliu /Comm. Wiscombe) REGULAR CITY COMMISSION 4 AGENDA - September 19, 2000 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTIRFENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE C01�9IISSION SHALL BE FORTHWITH BARRED FRO14 FURTRER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. '' PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA'STATUTES 206.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INAfIMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 5 AGENDA - September 19, 2000 }d§ To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: September 15, 2000 Agenda Item # Commission Meeting September 19, 2000 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $19,891.25. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 6,708.90 $ 1,823.41 Account # 1500 -3435 Professional Services - $ 2,500.00 $ 2,425.10 Account # 608 - 1910 -521 -3100 CRA Fund — General Legal $ 20,110.00 $ Account #610- 1120 -554 -3415 Legal Services Non Retainer $ 13,607.06 $ 12,894.55 Account # 1500 -3410 A detailed Billing Statement is attached. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $19,891.25, CHARGING $770.69 TO ACCOUNT NO. 1500 -514- 8 3452, CODE ENFORCEMENT; CHARGING $1,823.41 TO 9 ACCOUNT NO. 1500 -514 -3435, REAL 10 PROPERTY /FORECLOSURE; CHARGING $12,894.55 TO 1.1 ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - 12 RETAINER; CHARGING $2,425.10 TO ACCOUNT NO. 608- 13 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; 1.4 AND CHARGING $1,977.50 TO ACCOUNT NO. 1500 -514 -3420, 15 TELECOMMUNICATIONS; PROVIDING AN EFFECTIVE 16 DATE. 17 18 WHEREAS, the City Commission of the City of South Miami approved 19 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 20 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 21 22 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 23 for legal services rendered, and costs advanced, for the period ending 24 August 31, 2000, in the amount of $19,891.25; and, 25 26 WHEREAS, the City Attorney recommends payment of the attached 27 invoices. 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. The invoices for attorneys' fees and costs received from 33 Nagin Gallop Figueredo, P.A., in the total amount of $19,891.25, are approved for 34 payment and charging $770.69 to account no. 1500 -514 -3452, code enforcement; 35 charging $1,823.41 to account no. 1500- 514 -3435, real estate /foreclosure; 36 charging $12,894.55 to account no. 1500 -514 -3410, legal, non - retainer; charging 37 $2,425.10 to account no. 608 - 1910 -521 -3100, forfeitures; and charging $1,977.50 38 to account no. 1500 -514 -3420, telecommunications. 39 40 Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlininb and deletions shown by ^j,^ kin . 1 2 3 4 5 6 7 8 9 1.0 11 12 13 1.4 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 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of September, 2000. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \ \Dell_6100 \Documents \City of South Miami \0022- 001 \6430.doc Page 2 of 2 NAGIN GALLOP FIGUERE DOM. Attorne},s & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 September 13, 2000 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending August 31, 2000, in the amount of $19,891.25. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 0022 -003 0022 -008 Real Estate Prof l Services $ 490.00 Statement No. 7649 dated 09106100 Disbursements 0.00 Total Due 490.00 Williamson Foreclosure Prof 'I Services $ 665.00 Statement No. 7650 dated 09106100 Disbursements 154.16 Total Due 819.16 Wascura v. City of South Miami Prof 1 Services $ 0.00 Statement No. 7651 dated 09106100 Disbursements 41.92 Total Due 41.92 Mr. Hakeetn Oshikoya Finance Director CITY OF SOUTH MIAMI September 13, 2000 Page 2 of 7 0022 -023 Parking Garage Contract Prof 1 Services $ 4,480.00 Statement No. 7652 dated 09106100 Disbursements 172.45 Total Due -' 4,652.45 0022 -027 Bruce v. Code Enforcement Prof l Services $ 485.00 Statement No. 7653 dated 09106100 Disbursements 109.31 Total Due- 594.31 0022 -034 CSM v. Third Group Mortgage Prof 1 Services $ 0.00 Statement No. 7655 dated 09106100 Disbursements 65.25 Total Due;: . 65.25 0022 -043 Forfeiture of 1993 White Ford Prof 1 Services $ 240.00 Statement No. 7658 dated 09106100 Disbursements 33.50 Total Due. 273.50 0022 -048 Forfeiture of 1985 Blue Chevy Prof 1 Services $ 40.00 Statement No. 7660 dated 09106100 Disbursements 1.00 Total Due :; 41.00 0022 -052 City of South Miami v. J. Jackson ProfI Services $ 140.00 Statement No. 7662 dated 09106100 Disbursen*nts 36.38 Total Due : " 176.38 0022 -054 Forfeiture of 2000 Honda Prof1 Services $ 638.50 Statement No. 7664 dated 09106100 Disbursements 207.60 Total Due:. 846.10 0022 -055 Purchase of 7800 SW 59th Avenue Prof l Services $ 262.50 Statement No. 7665 dated 09106100 Disbursements 7.00 Total Due. 269.50 0022 -058 Astbury, et al. v.CSM (HUD Complaints) Prof I Services $ 127.50 Statement No. 7668 dated 09106100 Disbursements 183.96 Total Due. 311.46 Mr. Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI September 13, 2000 Page 3 of 7 0022 -060 Citimortgage v. Rivero Statement No. 7670 dated 09106100 0022 -061 NRA, et al. vs. City of South Miami Statement No. 7671 dated 09106100 0022 -063 City Hall Project Statement No. 7673 dated 09106100 0022 -065 Forfeiture of 1995 International Box Statement No. 7675 dated 09106100 0022 -066 Forfeiture of 1993 Volvo 940 Turbo Statement No. 7676 dated 09106100 0022 -068 Telecommunications Contracts Statement No. 7751 dated 09106100 Prof'1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due $ 158.00 21.50 179.50 $ 6,000.50 343.72 6,344.22 $ 1,540.00 4.50 1,544.50 $ 506.00 382.50 888.50 $ 200.00 176.00 376.00 $ 1,977.50 0.00 1,977.50 CURRENT TOTAL DUE $ 19,891.25 Also enclosed are statements reflecting past due balances as of August 31, 2000, in the amount of $25,511.78. 1 have set out below the amountspast due for each individual file as follows: 0022 -002 Real Estate Prof 1 Services $ 927.50 Statement No. 7407 dated 08104100 Disbursements 0.00 Total Due 927.50 Mr. Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI September 13, 2000 Page 4 of 7 0022 -003 William Foreclosure Statement No. 7408 dated 08104100 0022 -003 Williamson Foreclosure Statement No. 7195 dated 07/07/00 0022 -023 Parking Garage Contract Statement No. 7410 dated 08104100 0022 -023 Parking Garage Contract Statement No. 7198 dated 07/07/00 0022 -027 Bruce v. Code Enforcement Statement No. 7411 dated 08104100 0022 -027 Bruce v. Code Enforcement Statement No. 7199 dated 07/07/00 0022 -030 Jhubollal v. CSM Statement No. 7412 dated 08104100 0022 -030 Jhubollal v. CSM Statement No. 7200 dated 07107100 0022 -034 CSM v. Third Group Mortgage Statement No. 7413 dated 08104100 Prof l Services Disbursements Total Due Prof 1 Services Disbursements Total Due ProfI Services Disbursements Total Due Prof I Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof I Services Disbursements Total Due Prof 1 Services Disbursements Total Due $ 1,182.50 77.00 1,259.50 $ 435.00 72.58 507.58 $ 5,672.50 16.75 5,689.25 $ 2,572.50 109.00 2,681.50 $ 1,975.00 230.51 2,205.51 $ 1,960.00 271.91 2,231.91 $ 52.50 0.00 52.50 $ 0.00 1.74 1.74 $ 35.00 0.00 35.00 Mr. Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI September 13, 2000 Page 5 of 7 0022 -034 CSM v. Third Group Mortgage Statement No. 7201 dated 07107100 0022 -041 Anderson v. Dawkins, et al. Statement No. 7415 dated 08104100 0022 -041 Anderson v. Dawkins, et al. Statement No. 7203 dated 07107100 0022 -042 Forfeiture of 1981 Oldsmobile Statement No. 7204 dated 07107100 0022 -043 Forfeiture of 1993 White Ford Statement No. 7305 dated 07107100 0022 -046 Merrick v. City of South Miami Statement No. 7420 dated 08104100 0022 -046 Merrick v. City of South Miami Statement No. 7208 dated 07/07/00 0022 -048 Forfeiture of 1985 Blue Chevy Statement No. 7210 dated 07107100 0022 -051 Forfeiture 1993 Mercedes Benz Statement No. 7425 dated 08104100 Prod Services Disbursements Total Due ProfI Services Disbursements Total Due Prof'1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof l Services Disbursements $ 0.00 6.00 6.00 $ 1,228.25 56.75 1,285.00 $ 150.00 38.50 188.50 $ 90.00 31.06 121.06 $ 80.00 5.02 85.02 S 210.00 0.00 210.00 $ 0.00 37.08 37.08 $ 0.00 11.95 11.95 $ 60.00 95.15 Mr. Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI September 13, 2000 Pa-e 6 of 7 0022 -051 Forfeiture 1993 Mercedes Benz Statement No. 7213 dated 07/07/00 0022 -052 CSM v. Johnny Jackson Statement No. 7544 dated 08104100 0022 -052 CSM v. Johnny Jackson Statement No. 7214 dated 07107100 0022 -053 Forfeiture of$1,941.00, etc. Statement No. 7427 dated 08104100 0022 -053 Forfeiture of $1,941.00, etc. Statement No. 7215 dated 07107100 0022 -054 Forfeiture of 2000 Honda Statement No. 7428 dated 08104100 0022 -054 Forfeiture of 2000 Honda Statement No. 7216 dated 07/07/00 0022 -056 Forfeiture of S 16,890.00 Statement No. 7429 dated 08104100 0022 -056 Forfeiture of $16,890.00 Total Due Prof l Services Disbursements Total Due Prof'1 Services Disbursements Total Due Prof l Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof l Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof l Services Disbursements Total Due Prof 1 Services 155.15 $ 60.00 6.64 66.64 $ 1,545.00 400.70 1,945.70 $ 1,250.00 349.46 1,599.46 $ 50.00 13.50 63.50 $ 0.00 42.20 42.20 $ 537.50 0.00 537.50 $ 350.00 19.66 369.66 S 0.00 11.97 11.97 61. A 1 i i' Mr. Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI September 13, 2000 Page 7 of 7 Statement No. 7218 dated 07/07/00 0022 -057 Einstein Bagels Chapter 11 Statement No. 7219 dated 07/07/00 0022 -058 Astbury, et al. v. CSM Statement No. 7431 dated 08104100 0022 -059 Habitat for Humanity v. Johnson Statement No. 7432 dated 08104100 0022 -060 Citimortgage, Inc. v. Rivero Statement No. 7433 dated 08104100 0022 -062 Forfeiture of 1989 Lincoln Mark VII, Statement No. 7434 dated 08104100 TOTAL PAST DUE Disbursements Total Due Prod Services Disbursements Total Due Prof l Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due Prof 1 Services Disbursements Total Due 96.06 536.06 $ 0.00 4.50 4.50 $ 2,002.50 15.34 2,017.84 $ 430.00 0.00 430.00 $ 45.00 0.00 45.00 $ 150.00 0.00 150.00 $ 25,511.78 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 37 , Date: September 13, 2000 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 2 Code Enforcement 1500 -514 -3452 $770.69 $770.69 2 5 Forfeitures 608 - 1910 -521 -3100 $2,425.10 52,425.10 3 5 Legal, Non - Retainer 1500 -514 -3410 $12,894.55 $12,894.55 4 5 Real Estate /Foreclosure 1500 -514 -3435 $1,823.41 $1,823.41 5 1 Telecommunications 1500- 514 -3420 $1,977.50 $1,977.50 TOTAL I I $19,891.25 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge Head of Department Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter 1D: 0022 -002 City Manager Real Estate City of South Miami 6130 Sunset Drive Statement No. 7649 City of South Miami, FL 33143 Rate Summary Luis R. Figueredo Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 2.80 hours at $175.001hr 2.80 Total Due 490.00 To be properly credited, please indicate Statement Number on your remittance check. 490.00 490.00 0.00 490.00 927.50 0.00 1,417.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 08/16/2000 LRF Reviewed and revised option agreement for Mr. Van Smith's 0.80 140.00 property. 08/17/2000 LRF Reviewed and revised option agreement for Mr. Van Smith's 1.50 262.50 property. 08/21/2000 LRF Conference with Mr. Gallop regarding modifications to Van Smith 0.50 87.50 option agreement with the City. Rate Summary Luis R. Figueredo Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 2.80 hours at $175.001hr 2.80 Total Due 490.00 To be properly credited, please indicate Statement Number on your remittance check. 490.00 490.00 0.00 490.00 927.50 0.00 1,417.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOt'� Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -003 City Manager City of South Miami Williamson Foreclosure 6130 Sunset Drive Statement No. 7650 City of South Miami, FL 33143 Hours Amount 08/03/2000 EGG Instructions regarding preparing stipulation regarding Habitat tax 0.20 certificates and city liens, and substituting Habitat for former tax certificate holders. 08/23/2000 EAB Telephone conference with Mr. Mandler, counsel for Habitat 0.30 regarding strategies on notice to any outstanding parties, telephone conference with Mr. Lott to request updated Title Search of Williamson property; conference with Mr. Gallop to provide him with update on file. 08/2412000 EAB Attended meeting with Mr. Mandler, with telephone appearance by 3.40 Anne Manning and Counsel for AFRC /STTA, prepared agreed order on motion for summary judgment; telephone conference with Earl Niles, former counsel to Mr. Perry, telephone conference with Mr. Perry and Ms. Williams regarding Mr. Perry's request to cancel hearing; began preparing default judgments, coordinated substitution of parties, prepared memorandum to file regarding resolutions provided for during Mandler meeting, etc. 08/28/2000 EAB Legal research on payment of doc stamps for recording quit claim 0.50 deeds made out to the City of South Miami; analysis of Mr. Mandler's proposed agreed order on summary judgment; prepared motion and oder for final default judgment against 5 separate defendants. Rate Summary Total Professional Services Eve A. Boutsis 4.20 hours at 5150.00 1hr 630.00 Earl G. Gallop 0.20 hours at $175.00/hr 35.00 Total hours: 4.40 35.00 45.00 510.00 75.00 665.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -003 Statement No.: 7650 Page: 2 Expenses Filing fee Telefacsimile charge Parking Charge Legal research Photocopies Postage Charge 08/02/2000 Outside copy job 08109/2000 Outside copy job For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: Total Due 39.60 6.00 11.75 62.01 14.50 7.92 2.50 9.88 154.16 To be properly credited, please indicate Statement Number on your remittance check. 665.00 154.16 819.16 1,767.08 0.00 2,586.24 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Postage Charge Telefacsimile charge Photocopies For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -008 Wascura v. City of South Miami Statement No. 7651 7.92 2.00 32.00 Sub -total Expenses: 41.92 0.00 41.92 41.92 0.00 0.00 Total Due 41.92 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA, Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -023 City Manager Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 7652 City of South Miami, FL 33143 Hours Amount 08/01/2000 LRF Telephone status conference with Ralph Perez. Meeting with Mayor 0.80 140.00 Robaina to discuss options for sharing costs associated with foundations for additional floors. 08/02/2000 LRF Telephone conferences with Ralph Perez. 0.40 70.00 08/03/2000 LRF Telephone status conferences with Ralph Perez and George 0.50 87.50 3.90 682.50 McCardle regarding Richmond air rights agreement; the status of Richmond air rights agreement. Conference with Mr. Gallop Auerbach negotiations and Lease agreement. 08/04/2000 LRF Reviewed Environmental report for the parking lot property. 1.00 175.00 08/07/2000 LRF Meeting with George McCardle and Ralph Perez concerning lease 2.00 350.00 revisions, Richmond agreement and status of Auerbach agreement and lease summary. negotiations. 08/11/2000 LRF Telephone conferences with Mr. Gallop, Mr Perez, Mr McCardle 08/08/2000 LRF Prepared lease summary. Reviewed SPG revisions to lease 4.00 700.00 agreement. Telephone conference with Ralph Perez. 08/09/2000 LRF Telephone conference with SPG regarding lease. Reviewed Mark 3.90 682.50 Richmond air rights agreement. Conference with Mr. Gallop regarding additional modifications. Reviewed and revised lease summary. 08/09/2000 EGG Attention to final revisions to parking garage lease. 0.50 87.50 08/10/2000 LRF Telephone conferences with Ralph Perez and George McCardle. 5.00 875.00 Telephone conference with Charles Scurr. Finalized lease agreement and lease summary. 08/11/2000 LRF Telephone conferences with Mr. Gallop, Mr Perez, Mr McCardle 2.00 350.00 and Mr Scurr. Reviewed final version of lease agreement; prepared additional memorandum to the Commission. 08/15/2000 LRF Telephone conferences with Mr. Scurr, David Silver, Subrata Basu, 1.40 245.00 Ralph Perez and George McCardle regarding lease agreement. 08/1612000 LRF Telephone conferences with George McCardle and Ralph Perez. 0.50 87.50 08/2112000 LRF Conference with Mr. Scurr. Telephone status conferences with 0.80 140.00 Ralph Perez and George McCardle. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 7652 Page: 2 08/24/2000 LRF Telephone conference with Charles Scurr. Follow up on pending 0.70 Courier charge 11.45 matters. 75.00 08/25/2000 LRF Telephone conferences with Ralph Perez and George McCardle. 0.50 08/30/2000 LRF Telephone conference with Commissioner Feliu. Telephone 1.20 conference with Charles Scurr. Meeting with George McCardle. 08/31/2000 LRF Telephone conference with Ralph Perez. 0.40 Rate Summary Luis R. Figueredo Earl G. Gallop Expenses Total Professional Services 25.10 hours at $175.00 /hr 0.50 hours at $175.00/hr Total hours: 25.60 4,392.50 87.50 Photocopies 79.00 Telefacsimile charge 7.00 Courier charge 11.45 08/29/2000 Court reporter 75.00 Sub -total Expenses: 172.45 122.50 87.50 210.00 70.00 4,480.00 For Professional Services 4,480.00 For Disbursements Incurred 172.45 Current Balance: 4,652.45 Previous Balance: 8,370.75 Payments - Thank you 0.00 Total Due 13,023.20 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt, Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`'A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hours Amount 08/02/2000 EAB Prepared memorandum to file regarding anonymous tip regarding 0.10 15.00 September 6, 2000 Charles D. Scurr Matter ID: 0022 -027 City Manager Bruce v. Cade Enforcement City of South Miami Telephone conference with and prepared memorandum regarding 6130 Sunset Drive Statement No. 7653 City of South Miami, FL 33143 Hours Amount 08/02/2000 EAB Prepared memorandum to file regarding anonymous tip regarding 0.10 15.00 Rate Summary Eve A. Boutsis Total Professional Services 485.00 3.00 hours at $150.00 /hr 450.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Bruce business and traffic survey being conducted from the property. 08 /03 /2000 EAB Telephone conference with and prepared memorandum regarding 0.20 30.00 conversation with Mr. Scurr, Mayor Robaina regarding Mayor's observations of illegal business enterprise at residential Bruce sites while repairing phone lines on site. 08/07/2000 EAB Telephone conference with AC Feldman regarding continued 0.20 30.00 surveillance of Bruce property. 08/09/2000 EAB Completed research on issues raised in defendants' motion to 2.00 300.00 dismiss, analysis of statutory authority and case law and drafted motion to transfer action. 08/11/2000 EGG Revised motion to transfer case to county court. 0.20 35.00 08/18/2000 EAB Various telephone conference with Mr. Harris' office, and internal 0.20 30.00 e -mail memorandum regarding scheduling of motion to transfer and opposing counsel's repeated requests to not hold hearing prior to September 9th. 08/21/2000 EAB Received call from Mr. Harris claiming that no date, except for date 0.10 15.00 for his client's motion to dismiss should be used regarding City's motion to transfer action. 08/2812000 EAB Prepared letter to Mr. Harris requesting that he inform us of his 0.20 30.00 availability, or of local counsel's availability as he has voices an objection to the date of our hearing on the City's motion to transfer the action; prepared notice of unavailability (during vacation period) and memorandum to file. Rate Summary Eve A. Boutsis Total Professional Services 485.00 3.00 hours at $150.00 /hr 450.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 7653 Page: 2 Earl G. Gallop 0.20 hours at $175.00 /hr 35.00 Total hours: 3.20 Expenses Telefacsimile charge 30.00 Photocopies 7.50 Legal research 11.81 08/02/2000 Court reporter 60.00 Sub -total Expenses: 109.31 For Professional Services 485.00 For Disbursements Incurred 109.31 Current Balance: 594.31 Previous Balance: 4,437.42 Payments - Thank you 0.00 Total Due 5,031.73 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -030 Jhuboolall v. CSM, Bradshaw Statement No. 7654 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 54.24 Payments - Thank you 0.00 Total Due 54.24 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOR.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr September 6, 2000 Matter ID: 0022 -034 City Manager CSM v. Third Group Mortage, City of South Miami 6130 Sunset Drive Statement No. 7655 City of South Miami, FL 33143 Expenses Telefacsimile charge Photocopies For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 6.00 59.25 Sub -total Expenses: 65.25 0.00 65.25 65.25 41.00 A to l Total Due 106.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOEA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr September 6, 2000 Matter ID: 0022 -041 City Manager City of South Miami Anderson v. Dawkins, et al. 6130 Sunset Drive Statement No. 7656 City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you oil 0.00 1,473.50 MR Total Due 1,473.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`'A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -042 Forfeiture of 1981 Oldsmobile Statement No. 7657 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 121.06 Payments - Thank you 0.00 Total Due 121.06 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOt'A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr September 6, 2000 Matter ID: 0022 -043 City Manager Forfeiture of 1993 White Ford City of South Miami 6130 Sunset Drive Statement No. 7658 City of South Miami, FL 33143 Total Professional Services 240.00 Rate Summary Eve A. Boutsis 2.40 hours at $100.00 1hr 240.00 Total hours: 2.40 Expenses Photocopies 10.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 08/07/2000 EAB Various telephone conferences with opposing counsel and AC 0.30 30.00 Feldman regarding rejection of claimant's settlement offer, communication of the City's counter -offer for $2,000, and coordinated claimant's "viewing" of vehicle prior to acceptance or rejection of City's counter -offer. 08/15/2000 EAB Various telephone conferences with Officer Fatool of CSM, AC 0.30 30.00 Feldman and Mr. Dresser regarding coordination of inspection of vehicle. 08/16/2000 EAB Telephone conference with Mr. Drescher in which his client's 1.00 100.00 accepts counter -offer; prepared settlement agreement, telephone conference with AC Feldman regarding settlement issues and scheduling matters. 08123/2000 EAB Telephone conference with Mr. Drescher, counsel for Ms. Longo, 0.40 40.00 authorizing form of settlement and negotiating release of vehicle. 08/24/2000 EAB Telephone conference with opposing counsel and AC Feldman 0.30 30.00 regarding release of vehicle and termination of litigation. 08/25/2000 EAB Telephone conference with opposing counsel and AC Feldman 0.10 10.00 regarding dismissal of action as settlement agreement has been executed. Total Professional Services 240.00 Rate Summary Eve A. Boutsis 2.40 hours at $100.00 1hr 240.00 Total hours: 2.40 Expenses Photocopies 10.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -043 Statement No.: 7658 Page: 2 Telefacsimile charge 23.00 Sub -total Expenses: 33.50 For Professional Services 240.00 For Disbursements Incurred 33.50 Current Balance: 273.50 Previous Balance: 85.02 Payments - Thank you 0.00 Total Due 358.52 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDO` M. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -048 City Manager City of South Miami Forfeiture of 1985 Blue Chevy 6130 Sunset Drive Statement No. 7660 City of South Miami, FL 33143 Hours Amount 08110/2000 EAB Attended hearing on motion to compel discovery from claimant; 0.40 40.00 motion granted. Rate Summary Eve A. Boutsis Expenses Total Professional Services 40.00 0.40 hours at $100.00 /hr Total hours: 0.40 40.00 Photocopies 1.00 Sub -total Expenses: 1.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -048 Statement No.: 7660 Page: 2 For Professional Services 40.00 For Disbursements Incurred 1.00 Current Balance: 41.00 Previous Balance: 11.95 Payments - Thank you 0.00 Total Due 52.95 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys v Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -051 Forfeiture 1993 Mercedes Benz Statement No. 7661 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 221.79 Payments - Thank you 0.00 Total Due 221.79 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr September 6, 2000 Matter ID: 0022 -052 City Manager City of South Miami CSM v. Johnny Jackson 6130 Sunset Drive Statement No. 7662 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Earl G. Gallop Expenses 0.70 hours at $150.00 /hr 0.20 hours at $175.00/hr Total hours: 0.90 Photocopies Legal research Telefacsimile charge Sub -total Expenses: 105.00 35.00 3.00 7.38 26.00 36.38 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 08/22/2000 EGG Advised Mr. Scurr that 30 -day "grace period" expired and city can 0.20 35.00 enter property to dispose of junk, trash and debris; instructions to Ms. Boutsis to prepare motion for attorney's fees. 08/23/2000 EAB Received assignment to prepare motion for costs, obtained copy of 0.10 15.00 billing to submit to Court with motion for fees and costs. 08/28/2000 EAB Analysis of complaint, and of statutes relied upon to prepare 0.30 45.00 motion for fees. 08/30/2000 EAB Began preparing order on attorney's fees and costs for CEB's 0.30 45.00 execution. Total Professional Services 140.00 Rate Summary Eve A. Boutsis Earl G. Gallop Expenses 0.70 hours at $150.00 /hr 0.20 hours at $175.00/hr Total hours: 0.90 Photocopies Legal research Telefacsimile charge Sub -total Expenses: 105.00 35.00 3.00 7.38 26.00 36.38 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -052 Statement No.: 7662 Page: 2 For Professional Services 140.00 For Disbursements Incurred 36.38 Current Balance: 176.38 Previous Balance: 3,545.16 Payments - Thank you 0.00 Total Due 3,721.54 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUERED0`'� Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -053 Forfeiture of $1,941.00, etc. Statement No. 7663 Total Due To be properly credited, please indicate Statement Number on your remittance check. II ,8 8 1, 0.00 105.70 0.00 105.70 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -054 City Manager Forfeiture of 2000 Honda City of South Miami 6130 Sunset Drive Statement No. 7664 City of South Miami, FL 33143 08/30/2000 KA Federal Court: copies and certification of case file documents. 1.30 26.00 08/30/2000 EAB Prepared motion to dismiss Mrs. Paez as a claimant, prepared 3.00 300.00 motion to strike Gomez - Ramos' amended answer and affirmative defenses, and motion for summary judgment as to 5th amendment Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Hours Amount 08/10/2000 EAB Attended hearing on City's motion to dismiss claimant for lack of 1.00 100.00 standing, and motion for default for lack of filings; court denied City's motion, but demanded that the claimant file an amended answer to correctly reflect standing of claimants. 08/15/2000 EAB Prepared motion to compel discovery. 0.30 30.00 08/22/2000 EAB Received copy of amended complaint from opposing counsel, 0.30 30.00 prepared letter to opposing counsel demanding amended complaint and responses to production; received claimants' request for extension and request to cancel hearing; prepared letter informing claimants that hearing will be cancelled provided discovery produced by 9/10/00. 08/23/2000 EAB Prepared various correspondence to opposing counsel and 0.40 40.00 prepared agreed order requiring claimant to comply with production requests prior to 9/8/00. 08/24/2000 EAB Telephone conference with Mr. Drucker's assistant regarding 0.20 20.00 coordinating production and changing due date to 9/11/00, per agreement. 08/28/2000 EAB Telephone conference with Robert Barrio regarding Mr. Drucker's 0.20 20.00 request for production and status of federal criminal action against claimant; modified due date on agreed order regarding City's request for production. 08/2812000 EAB Attorney- client communication with AC Feldman and Detective Rob 0.20 20.00 Barrio regarding status of this case, and request to settle matter for $2,000. 08/29/2000 EGG ' Advised work attorney regarding reply to answer and affirmative 0.30 52.50 defenses and to file motion to strike or for partial summary judgment on assertion of 5th amendment privilege against self Incrimination. 08/30/2000 KA Federal Court: copies and certification of case file documents. 1.30 26.00 08/30/2000 EAB Prepared motion to dismiss Mrs. Paez as a claimant, prepared 3.00 300.00 motion to strike Gomez - Ramos' amended answer and affirmative defenses, and motion for summary judgment as to 5th amendment Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -054 Statement No.: 7664 Page: 2 privilege; conducted legal research on waiver of fifth amendment privilege, and research on issue of standing when not listed on vehicle's title; various telephone conferences with AC Feldman regarding litigation strategy. Rate Summary Karina Arguello Eve A. Boutsis Earl G. Gallop Expenses 08/17/2000 08/17/2000 Total Professional Services 1.30 hours at $ 20.00 /hr 5.60 hours at $100.001hr 0.30 hours at $175.00/hr Total hours: 7.20 Photocopies Legal research Parking Charge Telefacsimile charge Service of Process Service of Process Sub -total Expenses: 26.00 560.00 52.50 3.50 9.60 7.50 37.00 75.00 75.00 207.60 638.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter 1D: 0022 -054 Statement No.: 7664 Page: 3 For Professional Services 638.50 For Disbursements Incurred 207.60 Current Balance: 846.10 Previous Balance: 907.16 Payments - Thank you 0.00 Total Due 1,753.26 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOt'A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -055 City Manager Purchase of 7800 SW 59th City of South Miami 6130 Sunset Drive Statement No. 7665 City of South Miami, FL 33143 Hours Amount 08/22/2000 LRF Finalized option agreement. 0.50 87.50 08/24/2000 LRF Finalized draft of option agreement. 1.00 175.00 Rate Summary Total Professional Services 262.50 Luis R. Figueredo 1.50 hours at $175.00 /hr 262.50 Total hours: 1.50 Expenses Telefacsimile charge 7.00 Sub -total Expenses: 7.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED Matter ID: 0022 -055 Statement No.: 7665 Page: 2 For Professional Services 262.50 For Disbursements Incurred 7.00 Current Balance: Previous Balance: Payments - Thank you 269.50 0.00 0.00 Total Due 269.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOt`A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -056 Forfeiture of $16,890.00 Statement No. 7666 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 548.03 0.00 548.03 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -057 Einstein Bagels Chapter 11 Statement No. 7667 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 4.50 0.00 4.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDO`A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -058 City Manager City of South Miami Astbury, et al. v. CSM 6130 Sunset Drive Statement No. 7668 City of South Miami, FL 33143 Total hours: 0.80 Expenses Photocopies Hours Amount 08/07/2000 EAB Telephone conference with HUD investigator requesting input from 0.20 30.00 investigator and/or requesting meetings. 13.83 08/02/2000 Federal express 08/07/2000 EGG Reviewed Ms. Beckman's reply to city's response to complaint. 0.30 52.50 08/17/2000 EAB Telephone conference with Mr. King regarding status of 0.10 15.00 investigation of HUD complaints. 08/17/2000 EAB Obtained executed release of lien from Sonia Lama, forwarded 0.20 30.00 copy to opposing counsel, with cover letter and request to stay proceedings against city pending notice of filing of release and request for voluntary dismissal. Total Professional Services 127.50 Rate Summary Eve A. Boutsis 0.50 hours at $150.00 /hr 75.00 Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Total hours: 0.80 Expenses Photocopies 120.00 Legal research 28.79 Parking Charge 6.00 06/21/2000 Recording Fee 13.83 08/02/2000 Federal express 15.34 Sub -total Expenses: 183.96 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -058 Statement No.: 7668 Page: 2 For Professional Services 127.50 For Disbursements Incurred 183.96 Current Balance: Previous Balance: Payments - Thank you 311.46 2,017.84 0.00 Total Due 2,329.30 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAG I N GALLOP FI G UE R E D O PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -060 Citimortgage, Inc. v. Marlene A. Statement No. 7670 08/02/2000 EAB Reviewed claim of lien and release of lien; Hours Amount prepared notice of filing release of lien and letter to opposing counsel informing him of filing 0.40 60.00 and request to dismiss. 08/07/2000 EAB Prepared letter to counsel requesting them to dismiss action against city as city released its lien on the property being foreclosed. 0.20 30.00 08/10/2000 EAB Prepared motion to dismiss due to release of lien. 0.40 60.00 08/23/2000 KA Filed and recorded the City's "re- filed" release of lien, notice of release of lien, and the City's motion to dismiss action. 0.40 8.00 Rate Summary Karina Arguello Eve A. Boutsis Expenses 08/02/2000 Total hours: Telefacsimile charge Parking Charge Photocopies Certified Copy Total Professional Services 158.00 0.40 hours at $ 20.00 /hr 8.00 1.00 hours at $150.00 /hr 150.00 1.40 3.00 4.25 7.25 7.00 Sub -total Expenses: 21.50 rate of 1.5% per month will be charged if payment is not received within 30 days. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -060 Statement No.: 7670 Page: 2 For Professional Services 158.00 For Disbursements Incurred 21.50 Current Balance: Previous Balance: Payments - Thank you 179.50 45.00 0.00 Total Due 224.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -061 NRA, et al. vs. City of South Statement No. 7671 Hours Amount 08/02/2000 EGG Telephone conference with Mr. Javier Soto, ass't. county attorney, 0.20 35.00 regarding construction of gun lock ordinance and strategy for defending legal challenge. 08/02/2000 EGG Telephone conference with Mr. Michael Neimand, asst. attorney 0.30 52.50 general, regarding participation in defense and legal strategy. 08/04/2000 EGG Prepared for and attended telephone conference with Mr. Parker 2.10 367.50 Tompson, special ass't. attorney general, Javier Soto, ass't. county attorney, and Mark Neimand and Paul Handcock, ass't. attorney generals, regarding preemption issues and case strategy; telephone conference with Mr. Carlos Velasquez, attorney for NRA, regarding gun safety program and city's motion to dismiss for lack of standing. 08/07/2000 EAB Legal research on (1) standing of NRA and other plaintiffs to raise 8.00 1,200.00 declaratory injunction complaint against enforcement of city's ordinance, legal research on issue of "real case or controversy," inapplicability of overbreadth, vagueness doctrines, standard for Florida Constitution, Article 1, Section 8 challenge; (2) ability to use John Doe pseudonym in complaint to protect plaintiffs privacy; and ability to obtain attorney's fees for partially frivolous complaint. 08/07/2000 EGG Prepared draft motion to dismiss complaint; e- mailed same to Mr. 6.70 1,172.50 Parker Thomson for review. 08108/2000 EAB Began and completed legal memorandum on issues of application 5.00 750.00 of 57.105 to frivolous counts, standing based on tax payer status or constitutional challenge within "zone of interest," actual case or controversy issues, and ability to use John Doe pseudonym in complaint; completed legal research on these issues, telephone conference with IG Neimand regarding standing of NRA and strategies in filing motion to dismiss due to lack of standing. 08/08/2000 EGG Telephone conferences with Mr. Thomson, Mr. Soto and Mr. 3.20 560.00 Neimand regarding draft motion to dismiss for lack of standing; final preparation of motion; preparing notices of depostion directed to standing of plaintiffs to sue city and identifying documents to bring to depositions. 08/09/2000 EGG Final preparation of notices of deposition (with documents) directed 0.30 52.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGED COMMUNICATION EXEMPT FROM PUBLIC RECORDS DISCLOSURE Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 7671 Page: 2 Rate Summary Karina Arguello Eve A. Boutsis Jordan Braswell Earl G. Gallop Expenses Total Professional Services 6,000.50 0.40 hours at $ 20.00 /hr 19.90 hours at $150.00 /hr 2.00 hours at $ 25.00 1hr 16.90 hours at $175.00 /hr Total hours: 39.20 Telefacsimile charge 8.00 2,985.00 50.00 2,957.50 61.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGED COMMUNICATION EXEMPT FROM PUBLIC RECORDS DISCLOSURE to NRA, USF and Messieurs Tucker and John Doe. 08/17/2000 EAB Received assignment regarding standing issues and opposition to 0.30 45.00 TRO motion. 08/17/2000 EGG Reviewed emergency motion for temporary restraining order and 3.60 630.00 exhibits; reviewed case law regarding standing; telephone conference with Mr. Dennis Henigan, Dir., Legal Action Project, Center to Prevent Handgun Violence, regarding assistance; prepared letters to Messieurs Hennigan, Thomson, Soto [ass't. county attorney] and Neimand [ ass't. attorney general] regarding further handling needs. 08/18/2000 EAB Analysis of NRA's motion for TRO (temporary restraining order); 1.50 225.00 and conducted legal research on standing cases cited by NRA. 08/21/2000 EAB Conducted legal research on standing and preemption issues cited 3.40 510.00 in Plaintiffs brief for temporary injunction; conducted Westlaw search for all cases cited by Plaintiffs and began analyzing cases. 08121/2000 EGG Reviewed recent articles on safety standards and gun locks. 0.30 52.50 08/22/2000 EAB Continued to analyze, sheppardize and interpret cases cited in 1.70 255.00 Plaintiffs preliminary injunction brief. 08/22/2000 EGG Telephone conference with Ms. Dawn Wilson, Palm Beach County 0.20 35.00 attorney's office, regarding status of NRA litigation and adoption of Palm Beach County trigger lock ordinance. 08/23/2000 KA Filed defendant's ntoice of filing resolution at Miami -Dade County 0.40 8.00 Courthouse. 08/23/2000 JB Research from article in Miami Herald as per Earl's request. 1.00 25.00 08/24/2000 JB Researched an article on gun control and how students feel about 1.00 25.00 this matter per Earl. Rate Summary Karina Arguello Eve A. Boutsis Jordan Braswell Earl G. Gallop Expenses Total Professional Services 6,000.50 0.40 hours at $ 20.00 /hr 19.90 hours at $150.00 /hr 2.00 hours at $ 25.00 1hr 16.90 hours at $175.00 /hr Total hours: 39.20 Telefacsimile charge 8.00 2,985.00 50.00 2,957.50 61.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGED COMMUNICATION EXEMPT FROM PUBLIC RECORDS DISCLOSURE Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 7671 Page: 3 Postage Charge 17.72 Photocopies 262.00 Parking Charge 3.00 Sub -total Expenses: 343.72 For Professional Services 6,000.50 For Disbursements Incurred 343.72 Current Balance: 6,344.22 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 6,344.22 To be properly credited, please indicate Statement Number on your remittance check. CONFIDENTIAL ATTORNEY -CLIENT PRIVILEGED COMMUNICATION EXEMPT FROM PUBLIC RECORDS DISCLOSURE Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. e CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 September 6, 2000 Matter ID: 0022 -062 Forfeiture: 1989 Lincoln Mark VII Statement No. 7672 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 150.00 0.00 150.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO`'". Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -063 City Manager City Hall Project City of South Miami 6130 Sunset Drive Statement No. 7673 City of South Miami, FL 33143 Hours Amount 08/07/2000 LRF Reviewed lease and management agreements between Hometown 1.30 227.50 Rate Summary Eve A. Boutsis Luis R. Figueredo Earl G. Gallop Total Professional Services 1,540.00 0.70 hours at $150.00 1hr 6.80 hours at $175.00 /hr 1.40 hours at $175.00 /hr Total hours: 8.90 105.00 1,190.00 245.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Station, Ltd, and Miami -Dade County. 08/09/2000 LRF Telephone conference with Gladys Diaz, MasVidal Partners. 0.40 70.00 08/10/2000 LRF Telephone conference with Gladys Diaz. 0.40 70.00 08/15/2000 LRF Reviewed County RPF. 1.50 262.50 08/16/2000 LRF Telephone conference with Gladys Diaz. 0.30 52.50 08/17/2000 EAB Legal research on "sole source" in relation to RFP's. 0.70 105.00 08/1712000 LRF Researched ability of the City to enter into a sole source contract 0.90 157.50 for design -build construction. 08/21/2000 LRF Meeting with Mr Scurr, Mr. Gallop, Mr Basu and representatives of 2.00 350.00 the Mas Vidal Group. Telephone conference with property appraiser. 08/21/2000 EGG Attended meeting with representatives of city and Mas Vidal group 1.40 245.00 regarding city hall project; attention to valuation of city property and determining highest and best use. Rate Summary Eve A. Boutsis Luis R. Figueredo Earl G. Gallop Total Professional Services 1,540.00 0.70 hours at $150.00 1hr 6.80 hours at $175.00 /hr 1.40 hours at $175.00 /hr Total hours: 8.90 105.00 1,190.00 245.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagle- Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -063 Statement No.: 7673 Page: 2 Expenses Parking Charge 4.50 Sub -total Expenses: 4.50 For Professional Services 1,540.00 For Disbursements Incurred 4.50 Current Balance: 1,544.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 1,544.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr September 6, 2000 Matter ID: 0022 -065 City Manager Forfeiture: 1995 International Box City of South Miami 6130 Sunset Drive Statement No. 7675 City of South Miami, FL 33143 08/29/2000 KA New case Filing; hand delivery to judge. 2.50 50.00 08/29/2000 EAB Completed interrogatories and requests for production, revised ex 2.00 200.00 parte letter to fudge requesting adversarial preliminary hearing on probable cause; various telephone conferences with AC Feldman regarding execution of verified affidavit; various communications with Clerk of Court regarding notice of action and affidavit of diligent search in order to complete notice by publication; prepared notice of action and affidavit of diligent search; analysis of 932.701, Fla. Stat., et seq. regarding necessity for notice via publication, finalized complaint, motion on preliminary probable cause, summons, production, civil cover sheet, etc. 08130/2000 KA Circuit Court: filing with motion clerk; filing with publications. 1.30 26.00 08/30/2000 EAB * Completed notice of action, and notice of filing, affidavit of due 0.50 50.00 diligence. Rate Summary Karina Arguello Total Professional Services 506.00 3.80 hours at $ 20.00 /hr 76.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 08/17/2000 EAB Prepared and executed notice of seizure of vehicle. 0.10 10.00 08/25/2000 EAB Telephone conference with Claimant informing him that he must 0.20 20.00 ask for guidance from his counsel as we represent the City of South Miami and informing him that he should desire to contest forfeiture he may seek an adversarial preliminary hearing; claimant spoke no english. 08/28/2000 EAB Prepared complaint and motion for preliminary probable cause, with 1.50 150.00 incorporated memorandum of law; prepared verified affidavits for detectives that observed narcotics transactions; prepared fax cover sheet to detectives and AC Feldman requesting them to review allegations in complaint so that the verified affidavit may be executed and action filed with Court as claimant has requested an adversarial preliminary hearing. 08/29/2000 KA New case Filing; hand delivery to judge. 2.50 50.00 08/29/2000 EAB Completed interrogatories and requests for production, revised ex 2.00 200.00 parte letter to fudge requesting adversarial preliminary hearing on probable cause; various telephone conferences with AC Feldman regarding execution of verified affidavit; various communications with Clerk of Court regarding notice of action and affidavit of diligent search in order to complete notice by publication; prepared notice of action and affidavit of diligent search; analysis of 932.701, Fla. Stat., et seq. regarding necessity for notice via publication, finalized complaint, motion on preliminary probable cause, summons, production, civil cover sheet, etc. 08130/2000 KA Circuit Court: filing with motion clerk; filing with publications. 1.30 26.00 08/30/2000 EAB * Completed notice of action, and notice of filing, affidavit of due 0.50 50.00 diligence. Rate Summary Karina Arguello Total Professional Services 506.00 3.80 hours at $ 20.00 /hr 76.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -065 Statement No.: 7675 Page: 2 Eve A. Boutsis 4.30 hours at $100.00 /hr 430.00 Total hours: 8.10 Expenses Telefacsimile charge 12.00 Mileage 9.00 Parking Charge 9.00 Filing fee 176.00 Photocopies 36.50 08/31/2000 Service of Process 140.00 Sub -total Expenses: 382.50 For Professional Services 506.00 For Disbursements Incurred 382.50 Current Balance: 888.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 888.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 6, 2000 Charles D. Scurr Matter ID: 0022 -066 City Manager Forfeiture: 1993 Volvo 940 Turbo City of South Miami 6130 Sunset Drive Statement No. 7676 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Expenses Total Professional Services 200.00 2.00 hours at $100.00 1hr Total hours: 2.00 U91111161 Filing fee 176.00 Sub -total Expenses: 176.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 08/17/2000 EAB Various telephone conference with sargeant Fatool regarding the 0.30 30.00 status of the seized vehicle and whether it is a forfeitable vehicle or a stolen vehicle. 08/1812000 EAB Prepared notice of seizure, and followup telephone conference with 0.20 20.00 with Sergeant Fatool regarding title to vehicle and whether the Volvo contained altered VIN 08/29/2000 EAB Continued to draft complaint, motion for preliminary probable 1.50 150.00 cause, summonses, verified affidavit, interrogatories, and notice of action. Rate Summary Eve A. Boutsis Expenses Total Professional Services 200.00 2.00 hours at $100.00 1hr Total hours: 2.00 U91111161 Filing fee 176.00 Sub -total Expenses: 176.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -066 Statement No.: 7676 Page: 2 For Professional Services 200.00 For Disbursements Incurred 176.00 Current Balance: 376.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 376.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr September 8, 2000 Matter ID: 0022 -068 City Manager Telecommunications Contracts City of South Miami 6130 Sunset Drive Statement No. 7751 City of South Miami, FL 33143 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 8/10/2000 EGG Telephone conference with Ms. Jana Lhota, attorney for TCG South 0.40 70.00 Florida and Metromedia Fiber Network Services; transmitted draft license agreements to same. 8/11/2000 EGG Revised proposed franchise of ROW to Nextel. 0.50 87.50 8/15/2000 EGG Reviewed and revised ROW license agreements with TCG South 2.10 367.50 Florida and Metromedia Fiber Network Services, Inc. 8/18/2000 EGG Attention to revisions to lease between city and Nextel South Corp. 1.10 192.50 to install telecommunications equipment at Palmer Park; email to Messieurs Gabriel, Scurr, Basu and comm'r..Wiscombe. 8/18/2000 EGG Attention to revisions to right of way license agreement with 0.50 87.50 Adelphia Business Solutions, Inc; email comments to Ms. Miller. 8/18/2000 EGG Attention to revisions to right of way license agreement with 0.70 122.50 Nextlink Florida, Inc; email comments to Mr. Packman. 8/21/2000 EGG Final review of revisions to right -of -way license agreement with 1.80 315.00 Metromedia Fiber Services, Inc; Prepared ordinance approving agreement; instructions to Ms. Jester regarding verifying file contains operator qualification documents. 8/21/2000 EGG Final review of revisions to right -of -way license agreement withTCG 0.60 105.00 South Florida, Inc; Prepared ordinance approving agreement; instructions to Ms. Jester regarding verifying file contains operator qualification documents. 8/22/2000 EGG Telephone conferences with Mr. Basu regarding proposed lease of 0.40 70.00 Palmer Park by Nextel and with comm'r. Wiscombe regarding same, amendment to lobbyist registration ordinance and other matters. 8/22/2000 EGG Attention to communications with Ms. Geri Miller, counsel for 0.20 35.00 Adelphia Business Solutions, Inc., regarding ROW license agreement. 8/22/2000 EGG Transmitted further revisions to ROW license agreements, relating 1.20 210.00 to assignment of contract and sovereign immunity, to counsel for Adelphia Business Solutions, Metromedia Fiber Network Services, Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -068 Statement No.: 7751 Page: 2 Inc., TCG South Florida and Nextlink Florida, Inc. 8/22/2000 EGG Analyzed proposed ROW license agreement with Metricom to 1.40 install radio devices on poles; compared agreement with telecommunications license agreement; email to Mr. Scurr regarding issues to be addressed. 8/29/2000 EGG Final preparation of right -of -way license agreements for TCG South 0.40 Florida and Metromedia Fiber Network Services, Inc. Total Professional Services Rate Summary Earl G. Gallop 11.30 hours at $175.00/hr Total hours: 11.30 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 1,977.50 Total Due To be properly credited, please indicate Statement Number on your remittance check. 245.00 70.00 1,977.50 1,977.50 0.00 1,977.50 0.00 0.00 1,977.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUEREDOP.A. Arrorrteys & Counselors 3225 Aviation Avenue - Third Floor Telephone. (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 September 13, 2000 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive City of South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer Dear Mr. Oshikoya: Enclosed is our statement for retainer fees and costs advanced for the period ending August 31, 2000. Included is our requisition no. 36 pertaining to the costs billed in the amount of $524.91. Please issue a check payable to Nagin Gallop & Figueredo, P.A. representing payment of these costs. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Very truly yours, Earl G. Gallop EGG:daj Enclosure cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Nagin Gallop Figueredo, P.A. Finance Department Req. No. 36 Date: September 13, 2000 Item No. ! Description and Quantity Specifications Account Number Unit Price Total 1 1 i Consulting -Legal I i 1 i 1500 -514 -3410 5524.91 5524.91 TOTAL $524.91 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge Ice, 4e- Head of Department Coding of Accounts Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department Purchases as Above Approved and Issuance of Purchase Order Authorized City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUERED0PA. Attorneys v Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 City Manager September 12, 2000 Charles D. Scurr Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Statement No. 7755 City of South Miami, FL 33143 3.50 0.00 Hours Amount 8/1/2000 EAB Telephone conference with Eva Rosa regarding remaining 0.20 30.00 modifications to orders on reconsideration from July CEB hearing. 8/1/2000 EAB Prepared for and attended commission meeting. 5.00 750.00 8/1/2000 EAB Telephone conference with Sonia Llama regarding her replacement 0.10 15.00 as CEB liaison. 8/1/2000 LRF Meeting with Ms. Boutsis regarding certain agenda items. Attended 3.50 0.00 City Commission Meeting. (N /C). 8/1/2000 EGG Prepared for city comm'n. meeting; attended meeting with Ms. 3.50 612.50 Boutsis and telephone conferences with comm'r. Wiscombe, Scurr, Basu and Previti. 8/1/2000 EGG Telephone conferences with Messieurs Dellagloria and Shubin 0.40 70.00 regarding proposal concerning gas station property at 6400 SW 62nd Street. 8/2/2000 EAB Second telephone conference with Sonia Lama regarding her 0.10 15.00 replacement as liaison with CEB of CSM. 8/2/2000 EGG Telephone conference with Mr. Frank Caputo, reporter, Palm Beach 0.20 35.00 Post, regarding status of gun lock litigation and Miami -Dade County adoption of ordinance. 8/2/2000 EGG Reviewed assignment of defense of lawsuit to Mr. McDuff. (Merrick v. 0.10 17.50 City of South Miami) 8/2/2000 EGG Attended meeting with Mr. Scurr, Ms. McCann and Ms. Manning on 1.50 262.50 use of Marshall Williamson property. 8/3/2000 EGG' Telephone conferences with Ms. Bonnie Wells, WASA, and Mr. 0.70 122.50 David Goodin regarding extending municipal water to properties on SW 74th St. between 67th and 68th Aves; prepared memorandum regarding further handling needs. 8/4/2000 EAB Legal research on issue of unlawful search and seizure, and due 1.40 210.00 process rights of a property owner if the Mayor is "deputized" as a code enforcement officer, would the city be liable for an unlawful search and seizure action. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. N'agin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 2 8/4/2000 EGG Reviewed email from Mr. McCrea to Mr. Scurr regarding management 0.10 17.50 and construction problems on MPC1. 8/7/2000 EAB Prepared letter to EEOC officers Bailey and Chin requesting for third 0.20 25.00 time release of Merrick files and in particular, the Jhubolall statement; telephone message left for both Bailey and Chin in this matter. (Merrick v. City of South Miami) 8/7/2000 EGG Reviewed letters from the Florida League of Cities declining coverage 0.20 35.00 for claims against the city by the NRA and by Citibank [foreclosure]. 8/7/2000 EGG Conferred with Mr. Figueredo regarding applicability of RFP 0.30 52.50 requirements to leasing new office space at Metrorail garage and leasing city hall property. 8/7/2000 EGG Telephone conference with comm'r. Wiscombe regarding amendment 0.20 35.00 to lobbyist registration ordinance, request for resolution prohibiting lobbyist from being appointed to boards and committees, and discussion regarding SPG Phase I project. 8/7/2000 EGG Attended CRA meeting regarding status of foreclosure litigation 1.40 245.00 concerning Marshall Williamson apartment property. 8/912000 EGG Prepared resolution interpreting application of trigger lock ordinance 1.20 210.00 to guns stored in locked boxes and memorandum regarding same. 8/9/2000 EGG Reviewed resolution waiving code enforcement liens, in an amount 0.40 70.00 not to exceed $5,000, against CRA infill properties; telephone conferences with Ms. Taylor and Mr. Oravec. 8/9/2000 EGG Prepared ordinance prohibiting full -time city employment for two 1.10 192.50 years by board and committe members; prepared memorandum regarding same. 8/912000 EGG Prepared ordinance prohibiting lobbyists from serving on boards and 0.90 157.50 committees. 8/9/2000 EGG Prepared ordinance vacating ROW and SW 62 Place. 1.30 227.50 8/10/2000 EAB Analysis of files produced by EEOC, MS. Chin, and calendared 0.30 37.50 appeal period to request remaining EEOC files on Merrick. (Merrick v. City of South Miami) 8/10/2000 EGG Attended meeting with comm'r. Bethel and Mr. Dellagloria regarding 1.00 175.00 gas station property and 6400 S.W. 62 St. and CRA matters. 8/1012000 EGG Prepared memoranda regarding lobbyist ordinance and ROW 1.30 227.50 vacation ordinance; final preparation of ordinances and transmitted same to sponsoring comm'rs. 8/11/2000 EAB Telephone conference with AC Feldman, Mr. Scurr, and Ms. Lama 0.30 45.00 regarding cancellation of today's meeting regarding the junked vehicle ordinance and restructuring of the CE Officers. 8/14/2000 EAB Telephone conference with Ms. Chin of EEOC regarding release of 0.10 12.50 Jhuboolall statements. (Merrick v. City of South Miami) 8/14/2000 EGG Analyzed city lobbyist registration ordinance and county ordinance. 0.90 157.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 3 8/15/2000 EAB Telephone conference with Ms. Chin and obtained copy of Jhubolall 0.30 37.50 statement. (Merrick v. City of South Miami) 8/15/2000 EAB Telephone conference with Anne Manning regarding settlement of 0.30 45.00 action, prepared memorandum to EGG regarding conversation with Ms. Manning. (Habitat for Humanity v. Johnson) 8/15/2000 EAB Analysis of 29 USC 1056, re Qualified Domestic Relations Orders 1.00 150.00 and qualification of proposed QDRO's compliance with Fla. State law so that retirement funds may be released to former spouse. 8/15/2000 EAB Attended and observed commission meeting. 2.00 0.00 8/15/2000 LRF Telephone conference with Bonnie Wells at WASD. Telephone 0.80 140.00 conference with Subrata Basu. Finalized the Estoppel agreement. Telephone conference with Mr. Scurr regarding same. 8/15/2000 EGG Attention to revising lobbyist registration ordinance; prepared 1.50 262.50 memorandum regarding application of ordinance. 8/15/2000 EGG Reviewed SMCRA/Self- Employment Assistance Program contract 0.70 122.50 and proposed lease of 6796 SW62nd Ave; Telephone conference with Mr. Oravec regarding revisions. 8/15/2000 EGG Prepared for and attended city comm'n. meeting. 3.00 525.00 8/16/2000 EAB Prepared release of liens and notice of filing release of liens. (Habitat 0.40 60.00 for Humanity v. Johnson). 8/16/2000 EAB Received instructions on possible new forfeiture of a Volvo. 0.10 15.00 8/16/2000 EGG Instructions regarding preparing release of lien following city comm'n. 0.50 87.50 action to waive liens on "in -fill" property, and to file notice of release of lien in case involving 6082 SW 63rd Street; e-mail to Mr. Oravec regarding same; prepared letter to Ms. Manning; attention to list of in -fill properties in CRA. 8/17/2000 EAB Analyzed ERISA, federal retirement regulations, telephone 1.40 210.00 conference with Mr. Whitaker, Legal Aid Domestic Relations counsel regarding advice on handling QDRO claim by Ms. Kirkman; prepared short memorandum to Jeannette Navarro regarding the QDRO's compliance with ERISA law, now need to see if complies with City's retirement plan and policy. 8/17/2000 EGG Reviewed proposal by Mr. Wallace Wilson to review city pension plan 0.30 52.50 and recommend revisions to comply with ch. 99 -1, Laws of Fla; Prepared letter to Mr. Scurr recommending same. 8117/2000 EGG Reviewed construction status reports regarding MPC Phase I. 0.20 35.00 8/17/2000 EGG Telephone conference with Mr. Barbara Jean Raskin regarding 0.20 35.00 complaint about mistreatment by a police officer. 8/18/2000 EAB RE: Kirkman matter, conducted legal research and analysis of CSM 2.50 375.00 Code Chapter 16 regarding pension parameters of city, Chapter 185, Fla. Stat., caselaw research interpreting interplay of Chapter 61, Fla. Stat., and Chapter 185, Fla. Stat., prepared memorandum opinion to pension plan administrator, Jeanette Navarro, regarding inability to release pension funds under the domesticated QDRO of Ms. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. kagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 4 Kirkman. 8/18/2000 EAB Conducted legal research on whether City in its employment 1.70 255.00 application form may request information regarding misdemeanors, arrests, nolo contendere dispositions, etc.c; whether employee can be questioned regarding filing a charge of discrimination or any lawsuit, or whether the employee can be questioned regarding moving vehicle violations. 8/18/2000 EGG Attention to structuring transaction for construction of new city hall 0.40 70.00 and leasing present city hall property. 8/18/2000 EGG Reviewed and transmitted inspection station property lease to Mr. 0.20 35.00 Scurr with hazardous waste clause. 8/18/2000 EGG Prepared letter to Mr. Clay Roberts, Dir., Division of Elections, 0.20 35.00 regarding status of request for legal opinion concerning power of counties and municipalities to enact election laws. 8/18/2000 EGG Reviewed revised declaration of covenants, restrictions and 0.60 105.00 easements for Miller Oaks in light of comments in my July 13 memorandum to Mr. Basu; reviewed Miami -Dade County code regarding adequate provision for maintenance of common areas; prepared letter to Mr. Arnaldo Velez stating satisfaction with revisions. 8/18/2000 EGG Reviewed city of Coral Gables interim service fee; analyzed Florida 0.70 122.50 Supreme Court decision in Collier County v. State holding that fee is unauthorized; email to Mr. Hernandez, city attorney, regarding same. 8/18/2000 EGG Attention to right of way license agreement with Metricom Ricochet 0.20 35.00 Wireless Internet System. 8/21/2000 EGG Reviewed letter to Mr. Pedro Hernandez, ass't. dir., DERM, from Mr. 0.10 17.50 Basu regarding undating downtown unfrastructure. 8/21/2000 EGG Reviewed revisions to option contract to purchase Garett Van Smith 0.60 105.00 property; instructions to Mr. Figueredo for further revisions to change grant of life estate to irrevocable license. 8/21/2000 EGG Attention to revising lobbyist ordinance; email to Mr. Wiscombe 0.50 87.50 regarding suggested changes. 8/21/2000 EGG Prepared resolution prohibiting more than one sponsor for legislation 0.50 87.50 [Russell]. 8/2112000 EGG Prepared resolution requiring economic impact statement for all 0.70 122.50 legislation [Russell]. 8/21/2000 EGG Retrieved and reviewed ch. 2000 -322, Laws of Fla. (2000), exempting 0.40 70.00 certain telecommunication systems information from Florida public records law. 8/22/2000 EGG Prepared memorandum to Messieurs Scurr and Basu regarding 0.20 35.00 exemption from public records act for telecommunication and cable companies' "proprietary confidential business information." 8/22/2000 EGG Reviewed memorandum regarding claim by ex- spouse for distribution 1.10 192.50 of pension funds under Qualified Domestic Relations Order; reviewed Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 5 city code, state statute and supporting judicial authority; attended meeting with Ms. Boutsis regarding same. 8/22/2000 EGG Reviewed request for advice by Mr. Oravec regarding compliance with0.50 87.50 Shops at Sunset Place development order by reprogramming trolley shuttle service to limit service to Shops to Friday nights; prepared memorandum advising that "reprogramming" service probably satisfies purpose of grant of funds to city by owner. 8/22/2000 EGG Revised "one sponsor" resolution and transmitted two resolutions to 0.30 52.50 all notices of violations for abandoned vehicles, to ensure that the CE comm'r. Russell. officers comply with the parameters of the City's "new" abandoned 8/22/2000 EGG Reviewed draft advanced street construction funding agreeement with 0.30 52.50 8/28/2000 EGG Attended meeting with Mr. Scurr regarding Metricom ROW 1.20 Miami -Dade County; instructions to Mr. Figueredo to assist in agreement and other matters. revising documents. Telephone conference with Patty Chemelis. Telephone conference 1.80 8/23/2000 KA Traveled to Miami -Dade County Recording office and recorded the 0.40 8.00 Subrata Basu regarding JPI matter. Reviewed Florida law and City City's release of lien. (Habitat for Humanity v. Johnson) 8/23/2000 EAB Revised memorandum regarding enforceability of a qualified domestic 1.00 150.00 350.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest relations order against the City's pension plan. 8/23/2000 EGG Reviewed letter from counsel for McFadden regarding alleged racial 0.20 35.00 incident. 8125/2000 EAB Continued to revise memorandum on application of QDRO's to city's 1.50 225.00 pension plan; including compliance with the second part of Chapter16, CSM Code of Ordinances and Chapter 185, Fla. Stat.regarding pensions of police officers (as Mr. Romer, Ms. Kirkman's ex- husband is a former City of South Miami police officer and the City provides a separate pension plan for police officers0 8/25/2000 LRF Telephone conference with Babe Elias regarding City lobbyist 0.40 70.00 ordinance. 8/25/2000 EGG Final preparation of ordinances approving ROW license agreements 3.00 525.00 with TCG South Florida, Metromedia Fiber Network Services, Inc. and Nextlink Florida, Inc; Prepared memoranda regarding same; emails to counsel for applicants regarding status of applications and PSC certificates to operate systems; telephone conference with Ms. Taylor 8/28/2000 KA Delivery of case file to Mr. Scurr's office. 0.75 15.00 8/28/2000 EAB Prepared memorandum to Eva Rosa asking her to provide backup on 0.10 15.00 all notices of violations for abandoned vehicles, to ensure that the CE officers comply with the parameters of the City's "new" abandoned vehicle ordinance. 8/28/2000 EGG Attended meeting with Mr. Scurr regarding Metricom ROW 1.20 210.00 agreement and other matters. 8/29/2000 LRF Telephone conference with Patty Chemelis. Telephone conference 1.80 315.00 with Babe Elias. Telephone conferences with Charles Scurr and Subrata Basu regarding JPI matter. Reviewed Florida law and City ordinances. Conference with Mr. Gallop regarding same. 8/29/2000 EGG Attended Planning Board workshop on hearing procedures, lobbyist 2.00 350.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEWCLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 6 registration, conflicts of interest and code of ethics; attended hearing on JPI application. 8/29/2000 EGG Telephone conferences with Mr. Dellagloria and Mr. Shubin regarding 0.20 35.00 rescheduling meeting on gas station property. 8/30/2000 EAB Revised memorandum to Mr. Gallop, Eva Rosa and mayor Robaina 0.30 45.00 regarding status on abandoned vehicle compliance; telephone conference with Mrs. Kirkman and revised memorandum of law on QDRO application to city's pension plan and included statutory authority under Chapter 185, Fla. Stat. to prohibit attachment of police officer's pension (Romer was a CSM police officer). 8/30/2000 LRF Telephone conference with Mr. Basu regarding JPI. 0.30 52.50 8/30/2000 LRF Reviewed draft agreement. Telephone conference with Fernando 2.60 455.00 Rodriguez's office. (Water Main Extension matter) 8/30/2000 EGG Email to Ms. Hernandez, city of Coral Gables attorney, regarding 0.20 35.00 experience with Metricom, Inc. concerning a proposed agreement to attach "Richocet" radio transmitters to poles in ROWs. 8/30/2000 EGG Telephone conference with mayor Robaina regarding time taken to 0.20 35.00 turn around requests for review of code enforcement decisions to remove junk vehicles; attended meeting with Ms. Boutsis regarding same. 8/31/2000 EAB Prepared for and attended CSM Code Enforcement Department 3.00 450.00 meeting regarding abandoned vehicles and prepared memorandum to Notices of Civil Infraction for abandoned vehicles. 8/31/2000 EAB Prepared letter to Mrs. Kirkman and her counsel regarding analysis 0.10 15.00 of pension plan. 8/31/2000 LRF Telephone conference with Mayor Robaina. Telephone conference 0.50 87.50 with Babe Elias regarding JPI matter. Reviewed Ms. Boutsis' memorandum of law concerning application of QDRO to City's pension plan. Total Professional Services 10,910.50 Fees Reduced Due to Retainer - 10,910.50 Rate Summary Karina Arguello 1.15 Hours at 20.00 /hr 23.00 Eve A. Boutsis 2.00 Hours at 0.00 1hr 0.00 Eve A. Boutsis 0.90 Hours at 125.00 /hr 112.50 Eve A. Boutsis 20.50 Hours at 150.00 /hr 3,075.00 Luis R. 3.50 Hours at 0.00 /hr 0.00 Luis R. 6.40 Hours at 175.00 /hr 1,120.00 Earl G. Gallop 37.60 Hours at 175.00 /hr 6,580.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Expenses 7/31/2000 7/31/2000 7/31/2000 7/31/2000 7/31/2000 7/31/2000 7/31/2000 7/31/2000 8/18/2000 8/24/2000 8/31/2000 8/31/2000 8/31/2000 8/31/2000 8/31/2000 8/31/2000 8/31/2000 Matter ID: 0022 -001 Total hours: 72.05 Photocopies Postage Charge Postage Charge Telefacsimile charge Telefacsimile charge Photocopies Telefacsimile charge Photocopies Legal research Mileage Telefacsimile charge Mileage Photocopies Postage Charge Telefacsimile charge Photocopies Telefacsimile charge CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Statement Number Page: 7 38.25 42.80 2.86 48.00 4.00 2.50 69.00 10.50 2.95 13.00 4.00 2.50 148.25 44.80 4.00 2.50 85.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -001 For Professional Services For Disbursements Incurred Current Balance: CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Statement Number Page: 8 To be properly credited, please indicate Statement Number on your remittance check. M 524.91 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/15/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/19/00 City Manager Windstorm Insurance THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO WINDSTORM INSURANCE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO PROVIDE ALL REASONABLE ASSISTANCE TO THE PROCESS OF A CITIZEN'S INITIATIVE TO AMEND THE FLORIDA CONSTITUTION TO REQUIRE THE DEPARTMENT OF INSURANCE TO PROVIDE AFFORDABLE AND ADEQUATE WINDSTORM COVERAGE TO ALL FLORIDA PROPERTY OWNERS; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina authorized the City Manager and City Attorney to provide all reasonable assistance in the process of a citizen's initiative petition to amend the Florida constitution to require the Department of Insurance to provide affordable and adequate windstorm coverage to all Florida property owners. Property owners of the State of Florida, particularly those in South Florida including the City of South Miami, face yearly threats of hurricane damage to their homes and property. Recent administrative and legislative actions have resulted in property owners facing astronomical increases in insurance rates and diminished coverage. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO WINDSTORM INSURANCE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO PROVIDE ALL REASONABLE ASSISTANCE TO THE PROCESS OF A CITIZEN'S INITIATIVE TO AMEND THE FLORIDA CONSTITUTION TO REQUIRE THE DEPARTMENT OF INSURANCE TO PROVIDE AFFORDABLE AND ADEQUATE WINDSTORM COVERAGE TO ALL FLORIDA PROPERTY OWNERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, property owners of the State of Florida, particularly those in South Florida including the City of South Miami, face yearly threats of hurricane damage to their homes and property; and WHEREAS, recent administrative and legislative actions have resulted in property owners throughout the state, including those in South Miami, facing astronomical increases in insurance rates and diminished coverage; and WHEREAS, the City of South Miami wishes to lend its support to a citizen's initiative to amend the Florida Constitution to require the State to provide affordable and adequate windstorm insurance for all Florida property owners. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the City Manager and City Attorney are authorized to provide all reasonable assistance in the process of a citizen's initiative petition to amend the Florida constitution to require the Department of Insurance to provide affordable and adequate windstorm coverage to all Florida property owners. Section 2. That copies of this Resolution be sent to the Miami -Dade League of Cities, the Florida League of Cities and to the Mayors of all Miami -Dade County, Broward County and Monroe County Municipalities. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK APPROVED: MAYOR Additions shown by underlining and deletions shown by everstfiking. 1 2 3 4 5 6 7 READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Page 2 of 2 C CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/15/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/19/00 City Manager Recreation & Cultural Affairs Board THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING JACQUELYN COFIELD AND BERNARD MICHELSON TO SERVE ON THE RECREATION AND CULTURAL AFFAIRS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 19, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolutiop sponsored by Mayor Robaina appoints Jacquelyn Cofield and Bernard Michelson to the Recreation and Cultural Affairs Board for two -year terms. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING JACQUELYN COFIELD AND BERNARD MICHELSON TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR TWO YEAR TERMS ENDING SEPTEMBER 19, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Jacquelyn Cofield and Bernard Michelson serve on the Parks & Recreational Cultural Affairs Advisory Board for a two -year terms ending September 19, 2002 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Jacquelyn Cofield and Bernard Michelson to serve on the Parks & Recreational Cultural Affairs Advisory Board. Section 2. The expiration date of appointments shall expire September 19, 2002 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 32000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: vv CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: ArAff¢Fa (Please print 2. Home Address: ("o 3$- 5 a-9. 3. Business Address: --� 4. Home Phone No. 30r 6o:S =(; 5003 -L -- Business Phone No. 5. Education Background: 6. Community Service: 8. Are you a registered voter? Yes P""- No 9. Are you a resident of the City? Yes V No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? Anglo AmericanAfrican American _ Hispanic American_ Other Signature Lr Date 12&—/ THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Retiued 1/2000 Aiikil► CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICA TION 6130 Sunset Drive Phone No. 305 - 663 -6340 Soutar Miami, FL 33143 Fax No. 305- 663 -6348 a 1. Name: lease print} — 2. Home Address: 0�—q, i . W . 3. Business Address: 4. Home Phone No COcP�p 5. Education Backgroundq 9 8. 9. 10. 11. Sign Business Phone No. Are you a registered voter? Yes lz No Are you a resident of the City? Yes —Z No Do you have a business in the City? Yes No Ethnic Origin? f An to American African American � 11is anic American Other g .— � P — Date Revised 112000 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR xck'.de!.�t CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr aloo�? City Manager �v THE REQUEST DATE: 9/15100 AGENDA ITEM #_ Comm. Mtg. 9/19/00 Junior Commission For Women A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING JEANETTE MARIE COTTO TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints Jeanette Marie Cotto to the Junior Commission For Women for a two -year term. L/ 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 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING JEANETTE MARIE COTTO TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Jeanette Marie Cotto to serve for a two year term on the Commission For Women. Appointment shall expire September 19, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Marina Trevisani, Lucy Watkins, Molly Lahiff, Isha Shannon Brown and Elisa Tahana Juarez to the Commission For Women. Section 2. The expiration date of appointment shall expire September 19, 2002 or until or a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu Commissioner Russell Commissioner Bethel: Commissioner Wiscombe CITY OF SOUTH MIAMI JUNIOR BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: �e -n.An e- Co-�b (Please print) 2. Home Address: (004.4 S,w_ �_ 31 S�1r� _ ;_�t1G�� �L _3365- 4oie> 3. Name of School: cen i oy- 4. School Address: 2.9. �0 SW S3 Sfirc?c�-i-' iCYYl1 L 3315 S. Home Phone No. L3A) !P wo -5g 4, Date of Birth: 0-7 ! 1(o / 19'63 6. Are you a resident of the City? Yes No X 7. PLEASE ATTACH THE FOLLOWING TO APPLICATION: a. Two letters of recommendation from current or former teachers b. One letter of recommendation from an adult other than a family member C. Copy of last report card. d. Proof of participation in at least one extra - curricular activity. S. Ethnic Oribin? Anb10 American _ African American _ Hispanic American Other Si ;nature M�i Date I (�, inr) ip ' an Sibnature Date 13 lun Parent /Guardian State of Florida County of Miami -Dade Sworn to (or affirmed) before me this 13 (seal of N Y ANA D. GUELL FFICIA u f"alary Public, State 01. Florida " ^L I,'y Ccin n, E: plres Jan 28, 2003 .10. CC78G100 �BOD"d tiara ;fiOU J. Galfa,74ior es CD., day of , 2000, by 1,k�q jw a7�1e, L�07'D !I/� 1n4/P1•g 4 C�e -//-o Signature of Notary Printed Name of Notary Personally known OR produced identification 1� Type of identification produced . 0 21 blZ G /, -- 15 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED August 4, 2000 To Whom It May Concern: It is with great pleasure that I write in recommendation of Jeannette Coto for a place on the Junior Commission for Women. Jennette is a true leader and an overall wonderful young woman. Jeannette's reputation preceded her into my Advanced Placement American History class this year. Her name has been mentioned over the years for many honors and awards. Now that know her, I realize that all of the praise I'd heard was inadequate for the woman that she is! She is an inspiration to all with whom she comes in contact. She was willing to share her study tips with the class, made copies of outlines she did on her own before tests, and encouraged all to study and be successful. In the community Jeannette has been an active volunteer in many projects and has initiated several herself. She has gathered volunteers to feed the homeless several times, and truly enjoyed the experience. She has attended several leadership conferences, always returning with renewed energy and enthusiasm. She has participated in the Hugh O'Brien Foundation at their leadership conference and has remained active with the organization. She helped facilitate this year's conference for Sophomores. In addition to maintaining a rigorous academic and volunteer schedule, Jeannette miraculously finds time to participate in numerous sports and school activities. She is President of her Senior Class and has already begun preparing for next year. As a Junior, she single - handedly planned a lovely evening for the Junior Formal Dance. She also plays basketball for South Miami Senior High and uses her abilities both on the court and off to encourage and inspire her teammates. Jeannette is also a member of the EESAC committee of South Miami Senior High School and, as such, has worked closely with other student and adult members to influence decisions for her school. This experience directly relates to her anticipated work on your Commission. She is vocal, interested, and full of enthusiasm. There are not enough words of praise to write about Jeannette. In over twenty years of teaching, I have met few students who are as dedicated, intelligent, and loving as Jeannette. She truly cares about her fellow students, about her fellow man. She is an inspiration to all who know her, a leader beyond compare. I have mentioned only a few of her accomplishments above. She is absolutely outstanding, as I am sure you can see by her application. She will be an asset to your Commission and I know she will continue to build her skills by her participation. Don't let her miss this opportunity! Sincerely, Noreen E. Saunders AP American History Teacher August 31, 2000 To Whom It May Concern; It is great honor to introduce to you a young lady who is an exemplary leader to her peers: Jeannette Coto. Providing leadership to numerous school clubs, projects, and her graduating class, Jeannette has proven her dedication. Being a leader among her peers, Jeannette encourages each student, teacher and member of the community to participate in any one of her on -going projects: Teenagers Against Tobacco Use (TATU). As the president of her graduating class, Jeannette Coto has coordinated numerous school wide community service projects. Her role as senior class president does not debilitate her academics; she is in the top 10 of her graduating class. As a former Advanced Placement Language and Composition student in my class, Jeannette consistently achieved high -test scores. Her determination to succeed allowed her to partake in the national exam given by the College Board in Language and Composition. Jeannette passed her exam and achieved the highest grade point average in the course. In addition, her participation in our Socratic class discussions invigorated each lesson and motivated her peers to reciprocate the learning experience. Jeannette's responsibility to her academics was inspiring. As a Student Government senator, Jeannette has been involved in her school's need for recycling and restoration. She has developed a professional repertoire with the principal and the school's faculty. Simply being a student at South Miami Senior High is not enough for Jeannette, she makes it her job to represent the student population; thus she is also a member of the Educational Excellence Student Advisor Committee (EESAC) and the Parent Teacher Student Association (PTSA). Jeannette's charisma at community service projects and in her daily academia demonstrates her remarkable commitment to not only her learning but to her community. She exemplifies true inner beauty and intellect. Jeannette Coto is a young lady whose optimism and ability to motive others will enable her to make a difference in our society. Jeannette personifies leadership. S rely, Jenny Maya Advanced Placement Language & Composition teacher English Department Chairperson August 28, 2000 To Whom It May Concern: This letter serves to introduce Jeannette Coto. Jeannette is a young woman who exemplifies the term "well rounded ". She strives and succeeds in obtaining academic excellence, competes in athletics, and is active in various school and community sponsored activities. Jeannette's scholastic acumen is exemplified by a solid G.P.A. and strong S.A.T. scores. She is a recipient of the University of Miami Book Award and will serve as Senior Class President during the up- coming school year. But, after more than a decade of knowing Jeannette as a friend as well as a neighbor, it is my sincere belief that what really defines her, her true strength, is her character. It is evident that Jeannette Coto is highly motivated and result oriented. She employs a systematic approach to achieving her goals, and is consequently consistently quite well prepared. Regardless of frustration or the tempo of events, Jeannette remains steadfast and composed. I have never heard her express herself in a coarse or vulgar manner. Her communications are exemplary. Jeannette deals with successes and adversities in realistic fashion. Specifically, she does not overplay success nor does she overstress adversity. Her balance is noteworthy. It is to her great credit that she interacts so well with others. It is my observation that this is a result of her treating everyone as a valued human being of positive worth. Her enthusiasm is alluring. Her sensitivity to the needs of others and sincerity are endearing. Her work ethic and values command respect. Jeannette Coto represents all that is well and wonderful with young people today. I commend her to you without qualification. Sincerely, C� Stephanie Hofmann Teacher Resume Name: Jeannette Coto High School: South Miami Senior High School Address: 6044 S.W. 315' Street Address: 6856 S.W. 53" Street Miami, FI 33155 Telephone: (305) 666 -5943 School I.D. 1321778 Unweighted G.P.A.: 3.391 Florida Writes: 4.0 F -CAT: English: 3 SAT: Verbal: 540 Math: SAT II (Subject Tests): World History: Chemistry: Math 1 C American Hist( Spanish Miami, F133155 Telephone: (305) 666 -5871 Weighted G.P.A.: 4.32 Math: 4 590 Total: 1130 500 430 650 )ry 630 730 ACT: 24 Advanced Placement Tests (AP): European History: 2 Calculus AB: 2 Spanish Language: 5 English Lang/Comp: 3 US History: 4 School Involvement and Extracurricular Activity Secretary Of the Freshman Class (9) South Miami's President Summit Participant (9) JV Basketball Player (9) Varsity Softball Player( 9, 10,1.1 ) Varsity Basketball Player (10,11) Secretary of Sophomore Class (10) Varsity Cross- Country ( 10) Vice- President of S.A.D.D. ( Students Against Destructive Decisions) (1.0,11) Senator of Student Government (10, 11,12) President of Civitan (10) TATU (Teens Against Tobacco Use) (10, 11) National Honor Society (10,11) Spanish Honor Society (10) I-IOBY Alumni (Hugh O' Brian Youth Leadership Organization) (10, 11,12) Junior Formal Coordinator (l 1) Social Studies Honor Studies (11) Math Honor Society (11) Key Club member (11) Pep Club member (11) Junior Ring Ceremony Committee Member (11) Senior Class President (12) Prom Coordinator (12) EESAC Representative (12) Community Service and Involvement Schenly Park Homeowner's Association (1991-1997) 60 hours Includes passing out news letters, setting up for events, picking up after the events, helping out at meetings Thanksgiving Dinner (1991 -1997) 35 hours Packing dinners, delivering, and cleaning up Uniforms(1997 -1998) Includes washing, organizing, and folding uniforms 30 hours for West Miami Middle School Lighthouse for the Blind (1998) 54 hours Includes assistance to the blind, helping cut and put together projects, and cleaning up Thanksgiving Dinner (1998) Includes packing, cooking, cutting pies, delivery, 10 hours and cleaning up. Junior Orange Bowl Parade(1998) Includes setting up and organizing the bands for 3 hours the parade. Walk- a -Thon for Diabetes(] 998) Includes collecting $75.00 and walking 10 hours BAYnanza (1999) Includes gathering a group of my peers 10 hours to go and clean up Vizcaya Museum And Gardens SADD Presentation(1999) 2 hours Florida Coastal Clean- up(1999) Includes picking up garbage 10 hours Office Assistant(1997 -1999) Includes organizing cabinets, grading papers, 140 hours and organizing files Volunteer Week(1999) Includes organizing and planning for non - profit 12 hours organizations to attend our school giving students access to information. Hands On South Miami (1999) Includes cleaning up the city of South Miami 4 hours Cosmic Bowl -A -Thou Includes collecting money and organizing a team 10 hours For the Epilepsy Foundation. Church Help Includes preparing and serving at a Thanksgiving event. 24 hours Also wrapped cookies and gifts for the elderly during Christmas. HOBY Includes planning, assisting, and coordinating many 76 hours service projects through this leadership organization. Total Hours :490 Awards and Recognitions Dean's Honor Roll (9,10) FIU Leadership Conference Participant (9, 10) Outstanding Excellence in Gifted Honors World History (9) Leadership Certificate for JV Basketball (9) Theater All -Star Award (9) Outstanding Achievement in Softball (9) Multi Cultural Forum Participant (10) Student of the month for February (10) Nomination for the Outstanding Sophomore Leader to attend Hoby Seminar(10) South Miami Cobra Leadership Award (10) Outstanding Scholarship in English 2 Honors Gifted (10) Softball Leadership Award (10) Teens Against Tobacco Use scholastic award ($500 scholarship) (11) University of Miami Alumni Association Book Award (11) Woodmen of the World for Outstanding Proficiency (l 1) in American History MADD National Youth Summit delegate for District 18 of Florida (11) r: H nt v C 1; G m 7 m m s 3 3 2yN-4 9 c _i mZ'•1�'- SN I � C, VVlnln m c', DC 1 -{m I I I I I 2 -OIZZL m C- 3: Z -i Oz mmoN r. m o N m C, mm � n ON DrCE S -4- Z4A0�.? 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H 1 D a 0m o 0 O O � r m is � � c � n 17 O 20 O r N t I I H z Ia I r a m M o• "Dow =00 oc2 m2o ^MJ Wav 03N UIHW mN alz m Lilo' VA 0 WX O M O O x 0 0 W C, In COMMITTEES: INTERNATIONAL RELATIONS GOVERNMENT REFORM CHAIR: SUBCOMMITTEE ON INTERNATIONAL ECONOMIC POLICY AND TRADE VICE CHAIR: SUBCOMMITTEE ON WESTERN HEMISPHERE i i yn Congreg5 of the �r�iteb �t�te� woUl ;e of Aepregentatibeg Ms. Jeannette Marie Coto 6044 SW 3151 St. Miami, FL. 33155 Dear Jeannette Marie: ILEANA ROS- LEHTINEN 18TH DISTRICT, FLORIDA June 13, 2000 PLEASE RESPOND TO: 2160 13AY ©URN BUILDING CI WASHINGTON, DC 20515 -0918 (202)225 -3931 FAX (202) 225 -5620 DISTRICT OFFICE: 9210 SUNSET DRIVE SUITE 100 MIAMI, FL 33173 (305) 275 -1800 FAX(305)275 -1801 Let me take this opportunity to congratulate you on being selected as the representative of the MADD National Youth Summit to Prevent Underage Drinking for the 181 Congressional district of Florida. I always enjoy seeing young women take such an active role in politics and civil discourse. Jeannette, I applaud your hard work at trying to raise awareness on the important i Nui e;' of underage drinking. Your efforts will go a long way toward saving many innocent lives. I Mothers Against Drunk Driving plays a significant role in helping our children stay safe on the streets. It would be my honor to meet with you to discuss some of these pressing issues and how we can work together to help solve them. I look forward to meeting with you in my Washington, D.C. office on October 3, 2000 at 11:00 a.m. Once again, congratulations on your success and I wish you much luck in all your future endeavors. Member of Congress PRINTED ON RECYCLED PAPER d v-+ns prJ ,.Km 7CZU w °,aw ya owHm > r-- O n�aC CL � :. w m O N � x C)gID r � N a 0 N O CA 0 0 la W y 3 w Dpi r CD Q 'r a-CAm 0 r C A y A N i y O a D° p' fa d X •C C A > > N A mo=rU)Z —om 01 fi fD H m am < m �? vym yob CD7L7 x 5. 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Cohan Honorary Chair achieveglobal American Red Cross Evplyn Cohan Honorary Chair xnk:lel.. vw CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/15/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 9/19/00 City Manager CRB THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; RE- APPOINTING CHARLES B. CHRISTIE TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina re- appoints Charles B. Christie to the Community Relations Board for a two year term. l� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 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 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING CHARLES B. CHRISTIE TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING SEPTEMBER 19, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98 -1659 re- established the Community Relations Board [CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby re- appoints Charles B. Christie to serve on the Community Relations Board. Section 2. The expiration date of this appointment shall expire September 19, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: l�J CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 303- 663 -6348 1. Name:� L //'� (Pie,��sse print) // 2. Home Address: (p7 -3C`� off_ 3. Business Address: 4. Home Phone NC,�� 7 Business Phone 5. Educati Background: Z-5 sue` ') 6. Community S`� /�{� ( ice: /`{/�' // / • /,/jJ/ /,��/, , S. Are you a registered voter? Yes y No 9. Are you a resident of the City? Yes t1, No 10. Do you have a business in the City? Yes No t/ 11. Ethnic Origin? Anglo American_ African American _ Hispanic American_ Other Signature Date g 3G b d THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager S. REQUEST L Date: September 15, 2000 Agenda Item # (3 Comm Mtg. 9 -19 -00 Re: Authorization to issue a work order to Kimley Horn Inc. for Downtown Traffic Study A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING A WORK ORDER FOR A TOTAL AMOUNT OF $29,750 TO KIMLEY HORN AND ASSOCIATES, INC., FOR A DOWNTOWN TRAFFIC STUDY AND AUTHORIZE THE FINANCE DEPARTMENT TO SET UP A RECEIVABLE ACCOUNT FOR $25,000 AND CHARGE $4,750 TO ACCOUNT NO. 001 2100 519 9920 ENTITLED CONTINGENCY FUND. BACKGROUND: The attached resolution seeks approval to allow the City Manager to disburse a sum of not to exceed $29,750 to Kimley Horn & Associates, Inc., for services related to the performance of a traffic study for the Central Business District and the residential area directly south of it. We believe that this residential area is probably most impacted by the downtown traffic. Based on the Development Order and subsequent agreements the developer for the Shops of Sunset is required to reimburse the City $25,000 towards a post occupancy traffic study for downtown and the surrounding area. The City feels that it is critical to retain a traffic consultant to collect additional new data, review and build upon previous traffic studies, and to develop mitigating and traffic calming recommendations. Kimley Horn is one of the pre - selected firms authorized by the City Commission to provide traffic consulting services. The City would charge the amount of $4,750 to account number 011 2100 519 9920, Contingency Fund and will invoice the developer of The Sunset Place for $25,000. The current balance on the Contingency Fund account is $39,658 RECOMMENDATION: Approval. Attachment: Proposed Resolution 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 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING A WORK ORDER FOR A TOTAL AMOUNT OF $29,750 TO KIMLEY HORN AND ASSOCIATES, INC., FOR A DOWNTOWN TRAFFIC STUDY AND AUTHORIZE THE FINANCE DEPARTMENT TO SET UP A RECEIVABLE ACCOUNT FOR $25,000 AND CHARGE $4,750 TO ACCOUNT NO. 0012100 519 9920 ENTITLED CONTINGENCY FUND. WHEREAS, the City Commission desires to have a traffic study for the downtown area, and WHEREAS, the developer for The Shops of Sunset is required to contribute $25,000 toward a post occupancy traffic study, and WHEREAS, Kimley Horn Associates, Inc., is one of the pre- selected Traffic Engineering Services Consultants, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section l: That the City Commission approved the funding of $29,750 for the work to be performed under this work order. Section 2: That the attached proposal for Work Order for Professional Services be made a part of the resolution. Section 3: That the Finance Department is authorized to set up a receivable account for $25,000 and invoice The Shops of Sunset for the said amount. Section 3: The remainder $4,750 is charged to the account number 0012100 519 9920 entitled Contingency Fund, which has a current balance of $39,658. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 09/15/00 FRI 14:49 FAX 19547392247 KI31LEY HORN fa oo2 C=" KimleyHorn and Associates, Inc. September 15, 2000 Mr. Subrata Basu, AIA, AICP Assistant City Manager / Planning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33155 Re. Traf x Engineering Study South Miami, Florida Task Order #J Dear Mr. Basu: Based on our meeting with you, we have prepared a proposed scope of services to address traffic issues in the City. This project will be accomplished under our General Traffic Engineering Services agreement with the City of South Miami. Contract language in that agreement will apply to this project. The study area for the proposed traffic analysis is bounded on the east by SW 57th Avenue (Red Road), on the west by SW 62nd Avenue, on the south by SW 80th Street and on the north by Dixie Highway. Following is our scope and fee proposal. SCOPE OF SERVICES Task I -- Data Collection In order to obtain baseline traffic data, Kimley -Horn & Associates will collect the following data to supplement the traffic information being provided by the City: • Hi- directional, 48 -hour automatic traffic counts. summarized in 15- minute intervals will be taken at up to five (5) locations. Speed will also be sampled on up to three (3) residential streets. • Four -hour turning movement counts will betaken at up to 3 intersections. This includes two hours during the AM peak and two hours during the PM peak. ■ TEL 954 739 2233 FAX 954 739 2247 a SOte 157 5100 M.W. 33rd Avenue FL Lauderdale, Florida 33309 09/15/00 FRI 14:49 FAX 1954739 2247 KIIILEY HORN r KimleyHorn Mr. Subrata Hasu, se0ember 15, 2000, Page 2 r and Associates, Inc. Traffic volume data from previous studies within the study area performed by Kimley -Horn and Associates, the City of South Miami, and others. We will also obtain copies of the Miami -Dade County Average Daily Traffic reap. • Traffic signal timing data will be obtained from Miami -Dade Public Works Department for each signalized intersection in the study area. Task 11- Analysis We will compile existing traffic volume data from previous traffic studies, Miami -Dade County traffic volume maps, and recent traffic counts taken by the City of South Miami to determine traffic patterns, classification and speed within the study area. The traffic volume data described in Task I will also be used to perform segment and intersection capacity analyses. The segment analysis will be conducted using the PDOT Level of Service Manual and will be used to determine existing LOS on roadways within the study area. Highway Capacity Software (HCS) or SIGNAL97 software will be used to perform the intersection capacity analyses for those intersections identified below to conduct operational analysis. The 85th percentile speed will be determined for 3 residential streets where speed data was obtained. We will also determine the number and percent of vehicles exceeding the existing speed limit. This information, along with traffic volume data, will be used to develop a traffic - calming plan, which will be aimed at minimizing and/or redirecting cut through traffic back on to the thoroughfare streets. Task III — Identify and Evaluate Potential Improvements and Traffic Calming Options The results from Tasks I and 11 will be used to identify potential modifications to the street system in South Miami. These modifications will be of two types: • Traffic calming for selected residential streets. • Operations enhancements for selected locations and streets. Traffic and travel speeds on the selected residential streets will be studied and a series of traffic calming options determined for the selected areas. These operational modification options could range from minor traffic impacts such as entry silnage and graphics to more drastic measures such as traffic diverters at locations described below as directed by the City. �Uint�vottva4lECTV uny�irnr�v. p. soon ru.-Au"e W 0811$6vye WM1.d.4 0003 09!15/00 FRI 14:49 FAX 19547392247 HIMLEY HORN KimleyHorn Mr. s0ram BASU. scptsmbcr 13, 2000, Page 3 and Associates, Inc. Study Elements Within the study area the following list describes the study elements to be evaluated for each specific location. Traffic calming strategies will be considered for local streets within the study area. Sunset Drive at SW 58th Avenue • Evaluate intersection traffic flow (east/west) to minimize intersection blockage and improve effective use of signal green time (north/south). • Evaluate current signal coordination. • Evaluate proper use of existing bus bay. ■ Red Road and SW 74fl1 Street • Evaluate signal phasing (split phasing), timing, and geometry to improve operations. • Red Road and SW 73rd Street • Evaluate impact of right turns and left turns on the intersection operation. • SW 61st Avenue —From SW 76th Street to SW 74th Street it Evaluate traffic mix and consider effectiveness of segregating commercial traffic from residential traffic. Develop geometric alternatives for traffic ehanalization, one way, diverters or any other method for traffic segregation. ■ SW 58th Avenue —From SW 74th Street to SW 77 Terrace ■ Evaluate traffic conditions. Base Mapping Kimley -Hom will utilize existing 1999 aerial photography (as used on the US 1 Landscaping Project) for base mapping of the project study area. The deliverable of this task will be a base map upon which master plans ,,vill be developed. Task TV — Meetings and Deliverables We will attend up to 3 meetings (two people) at a milestone point in the study as requested by the City. KHA will coordinate up to 3 public iuhvolvement meetings (two people). KHA will prepare the meeting exhibits and handouts. The City will be responsible for the citizen notification, meeting site coordination, and arrangements for the meeting room. ttcTAmv (x3"oiccrwAAXLTaivrru4iSe" Ml, o&oot WONIiScoye W061*% Z 004 Z005 09/15/00 FRI 14:50 FAX 19547392247 IiI31LEY HORS' LP7= Kimley-Horn Mr. Subnta Bum. Scptanbcr 15, 2000, Page 4 = n- and Associates, Inc. We will provide five (5) copies of a draft report for review by the City. Upon receipt of comments, if any, we will produce twelve (12) copies of the final report. Task V — Additional Services We will provide, as requested and authorized by you, additional services that require analyses beyond those described in Tasks I through IV. These services may include but not be limited to: 1) Requests for additional traffic engineering analysis 2) Additional traffic data collection 3) Urban Planning 4) General Civil engineering 5) Environmental analysis and engineering 6) Planning and zoning assistance 7) Surveying 8) Highway and bridge design 9) Forensic (expert witness) services 10) Construction administration and observation 11) Additional meetings Fees for these services, if any, will be negotiated upon request by the City. SCHEDULE We will provide our services as expeditiously as possible to meet the schedule developed with you for the various elements of the project. FEE AND BILLING We will accomplish the services outlined in the above scope for the lump sum fees indicated below. Task I — Data Collection $ 2,500 Task II, III — Analyses & Issues $ 18,750 Task IV — Meetings and Deliverables $ 8,500 Total Tasks I — IV S 29,750 Fees will be billed monthly based upon the percentage complete. Billing will be due and payable within 25 days. If you concur in the foregoing and wish to direct us to proceed with the aforementioned services, please execute this copy of Task Order #I in the space provided and return to me. Fees and times stated in this task order are valid for thirty (30) days after the date hereon. nSrwMVtK .�YROreCi1MARKErRi1fi'oRtR3wtF M1eN�SCdK WOMSuv. WW t to 09/15/00 FRI 14:50 FAX 19547392247 IiIhILEY HORN KimleyHorn Mr. Submit Auu. September 15, 2000, page 5 and Associates, Inc. We appreciate this opportunity to submit a proposal. Please contact me if you have any questions. Very Truly Yours, KIMLE - ORN D ASSOCIATED, INC. gl s C er, P.E. Senior Vice President Agreed to this day of 02000. City of South Miami By: Attest: (Print or Type Name) (Print or Type Name) i1S7ANy VOL1 VRO »CT1MARl:ETU�1M..p tSawA MI..nRSCepc *04OSt" wpo1 D" X1006 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission DATE: September 15, 2000 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager Commission Meeting September 19, 2000 Native Tree Service REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to have Native Tree Service prune, lift, cut, clean, stump grind, and remove all debris from Open Space Park. BACKGROUND & ANALYSIS The renaissance of the City of South Miami Parks continues! A lush shady lot temporarily dubbed "Open Space Park" will become the City's eighth park. The City purchased the property, which is located at 6820 SW 60 Avenue, in 1997. The Parks & Recreation Department has had several meetings with the residents surrounding the park and a unanimous decision was reached to maintain the park passive, demolish the exiting structure and enhance the canopy and make improvements to the land itself. The Parks & Recreation Department has received the following bids: Native Tree Service $ 8,190.00 Bret Newcomb Tree & Landscaping Service, Inc. $11,250.00 Top -Notch Tree Service $ 9,500.00 Lowest bidder is Native Tree Service. Disbursement of funds will come through the Safe Neighborhood/Open Space Park Grant, 001 - 000 - 131 -8010 in the amount of $8,190.00. Approximate available balance is $45,000.00. RECOMMENDATION Approval is recommended. Conumisim Native Tree Senice Scm 2000 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 47 49 50 51 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NATIVE TREE SERVICE, FOR THE PRUNING, LIFTING, CLEANING, AND REMOVE OF TREE STUMPS LOCATED AT OPEN SPACE PARK FOR $8,190.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 0000 -131 -8010, "SAFE NEIGHBORHOOD /OPEN SPACE PARK GRANT ". WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, We continue the development and enhancement of all City parks: and WHEREAS, A $55,000 Safe Neighborhood Grant exists; and WHEREAS, The Parks & Recreation Department has set a goal to complete this project by the year 2000; and WHEREAS, Native Tree Service has submitted a low bid of $8,190.00; and WHEREAS, This local and very reputable company will enhance this park by pruning, lifting, cutting, cleaning, stump grinding, and remove all debris from this site. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be awarded to Native Tree Service, in the amount of $8,190.00 for the above mentioned. Section 2. Charging the disbursement to account number, 001- 0000 -131 -8010, "Safe Neighborhood/Open Space Park Grant ". Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of September 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Native Tree Service 2000 Open Spam Pvk APPROVED: MAYOR T*,,- 1 1�r b TREE S3EAVICE 14265 S.W. 140th Street • Kendall, FL 33186 Home Office: 305 - 238 -1178 Toll Free: 1- 888- 99ARBOR SUBMMED TO L Commercial & Residinfial • Licensed & Insured T s.a.w,.., I.VMRFR % J 6 334 Specializing in: • Proper Pruning • Restoration Pruning • Dangerous Trees • Disaster Cleanup • Tree & Debris Removal • Stump Removal Ory DESCRIPTION UNIT PRICE AMOUNT r�- v G (dry r 11 N4_�?- ft�� GJPA �li D t r (� r- r/i e_.S I I'U e✓ 8;F'iS l 11 OO • . — j^_N ---- — _ 6 Ge -��: e._ �rJ �v j N —�N Sat -ryes v v p o N &_l- �h�f.?'1 r F►'tS t�'J W N —0 rJ +r d o t_�_ -- — — -- V r 1�yd 4 010 A-J +e �t4te _ u r ur C _ 60U — NOVA _ -1 V1 t-jes �✓dM ��Nl�s o_t� Pees "�6F �!_QJ N Q I rti O Af e—Ft, 0fO T h b �� �f S Vm �AA -��►�s ,LL ffG�J fS� r�dy p 'U yi�S pNGe'r1ru�S 'f V uroU�jta,�i P_ I u lid h a r, If ON -Up lu a � -F I �CE I ( - -� — d EAI SE PAY F.+�O�°J,+ �'i!CUs' e�'1'1� . 'TOTAL WE PROP05E hereby to furnish material and labor - complete in accordance with above specifications, for the sum Of:-- - - - - - -- - -- - -- -- - -- - dollars (S_ �1 X4.6 Payment to be made as follows: l _d_ AY _ r the ol:ave prices, zpecificatiom and c�ndllions arc satMocfay and are hereby accepted. You are aulhoo- r Azad to do the work ;:pecifiad. Payrnr,,nt will be made os oullined above. Payment due upon performance of seivicc l Any monies not paid will boar interest at f aX, per month, annual rate 19 %,. In tho event that col - kicti�xr beceanes necessary, the custorner shall become « rponslble for all costs of collrclion, including rma- s:nabl,; attorney's fees. Contractor is riot responsible for unintentional domes, to landscape, [own, Signature: pavcane:nt or spnn'l lm which results lnfm the usc. of spi4cic.);1zed free equipm,�nt. Date • _ _ cr< I (rtW% (1Plii 305 8830963 SE ¢YIEE NEWCOMB NG i_ TREE AND LANDSCAPING SERVICE, INC. 8855 N,11V. 95th St. / Miami, Fl 33178 / Tel, (305) 883 -8887 / Fax: (305) 883 -0963 Septcniber 13, ity of South N- .barri .i!30 S5 V 7.y�rn Street South A,tiatul, FL 33143 (30-5) 7504.28' beeper. (305) 669 -1260" Lax AT'"f:N:.DOiiG 13AKER, Maintenance Supemisor JOB SITE': 6820 SW 64t "t ANTINT E N1r. Baker. Per your request, we are pleased to submit this auote ror the following service::: At proposed park: Oak Trees - lift, thin and deadwood Shefllera Trees - trust Firebush - lift Orchids - trim Ntulch debris and leave on site TOTAL AMOUNT: S3,7S0.(X) PAVE, EK (approximately 3 weeks) After your review, ii you have any questions or conunents, please col'tact tale t tf e atfice Thank you. Slneercn. �. E'reside:�t lfapprovutz please sill below and return p roll rtil to oilr of 'lice for schedulirtc: ! I'l;f2ti1S: paptleat slue ulk)n receipt. A service elttuge of 1 50,0 per ntontlt will be chtuaed on orty wtp.ud b,il<ulee. Should it become ttecesary to collect an unpaid baltutce, «'c nail be iitir.led to collect alt reasonable collecliou, c(.-.tut .cal I altorney'i tees. Work W be completed _^ (u`e dlu Parifultln°) li authorized Sig azure:._ _ Print Name & Title: p.2 - ,I{il'1 Ski; =11_ia»1 T!' .1! _H= _ _ _ TOP -NOTCH THEE SERVICE PERFORMING QUALITY WORK AT THE BEST PRICES PH: (303) 8449240 Fix: (345) 649.7222 L)msA3902W & 1Nsuam 1NVOtCe *: OU0910 DATE' . 09110100 CuS-TOWIR ID: 000910 Iii % MIMI" i To :: 4 S0,A MI1Ha#i a� SERM TO RE PERFORMED AT $IN 37 .i . hN FL UM . Sn► E LOCATION Atr Doug P**;MigrAan - M; ">>'fw. PH:(' S)tZMUS 1 ` <Pgt :(3i�) 7 428 YOUR JOB EST I%TP dY: EWdS 000910 ANISAI lw1 50% OF BALANCE CUE AT 6EG4NG OF SERVICE 5G'% OF 8&1 Cfl WE UPON COWLE1104 OF SERVICE Eatimatod amount L NOTE: TopNOTCH TREE SERVICE IS NOT RE6PCNS1%9 FORAM UNDERGROUND CAMAG3 (TPTS) _ (CUEW) Ctrr Itsm Dciwiption ALL Shafflera Tress Trim back 50 % ALL Oak Trans Dead woodO Rsmoval of all dead trees Removal of all stumps Removal of all unwantod vines AL; Rubber Trans Trim becJc 30 % and lift canopy ALL Wild orchids Trees Trim, thin out and lift Canopy General clean up of flower beds 9,500,00' Eatimatod amount L NOTE: TopNOTCH TREE SERVICE IS NOT RE6PCNS1%9 FORAM UNDERGROUND CAMAG3 (TPTS) _ (CUEW) SENT BY: 8 -10- 0 ; 15:06: NGF, P. A. CITY' OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM 1'0: Mayor and City Commission Charles D. Scurr, City Manager Ronetta Taylor, City Clerk 1 rom: Earl G. Gallop 71 Date: August 10, 2004 3056636348;# 2/ 4 �m Re: Ordinance Prohibiting LobTyists From Serving on Boards and Committees Subject: The proposed ordinance prohibits lobbyists from serving on boards and conunittees. it is sponsored by Commissioner Wiscombe, Vice -Mayor Feliu and Commissioner Bethel. Discussion: In promoting good guverment, the Mayor and City Commission seek volunteers to serve on boards and committees who will place the public good ahead of private interest. The service of lobbyists on boards and committees is inconsistent with this value because of the likelihood that they will advance private interest ahead of the public good. Recommendation: Approve the proposed ordinance. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 LOBBYISTS; AMENDING SEC. 8A -5, ENTITLED "LOBBYISTS; 6 REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY 7 OF SOUTH MIAMI CODE, BY CREATING PARAGRAPH (g), 8 ENTITLED "PROHIBITION ON APPOINTMENT OF LOBBYISTS TO 9 BOARDS AND COMMITTEES "; PROVIDING FOR SEVERABILITY, 10 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 11 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami are 15 committed to good government which, as an important ethic, requires lobbyists to register 16 with the city and to disclose the principals whose interests they advocate; and, 17 18 WHEREAS, the Mayor and City Commission value, and wish to promote, the 19 contributions that volunteer members of boards and committees make to the public good; 20 and, 21 22 WHEREAS, the service of lobbyists on boards and committees to advance private 23 interests is incompatible with the spirit of volunteerism for the public good; and, 24 25 WHEREAS, the Mayor and City Commission desire to protect the spirit of 26 volunteerism for public service. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. Sec. 8A -5, entitled "Lobbyists; Registration and Reporting, 32 Exemptions," of the City of South Miami Code, is amended to create paragraph (g) to 33 read: 34 35 Prohibition on appointment of lobbyists to boards and committees. No 36 person who is required to register with the City Clerk as a lobbyist shall 37 serve on any board or committee of the City of South Miami. Any person 38 who is required to register as a lobbyist subsequent to being appointed to a 39 board or committee shall be disqualified from participating on the board or 40 committee from the date that the person knew, or reasonably should have 41 known, that he or she was required to register. The penalty provisions of 42 paragraph (e) shall apply to any lobbyist who violates this prohibition. 43 Additions shown by underlining and deletions shown by eve lfing. 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 Section 2. Within 14 days of the adoption of this ordinance, the City Clerk shall notify all members of boards and committees in writing of the prohibition and the effective date of this ordinance. Section 3. This ordinance shall be codified in the City of South Miami Code. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6. This ordinance shall take effect 30 days after approved. PASSED AND ADOPTED this day of September, 2000. ATTEST: APPROVED: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY 11 Dc11_61000ocwnents \City of South Miami \0022 - 1301 \6275.doc MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by everstfikit3g. 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 Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - 9/19/00 ORDINANCE AMENDING SEC. 8A -5, ETC. in the ............. ............... Court, . ................ wag pubblisfypd in yddeyrspaper 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 Z discount, rebate, com- mission or re nd fort urpose J securing this advertise- ment for p licationj a said ne spaper. swb and bsc ed before me this fi ..V dayojj.. j., /...J...�....�. /...., A.D........ (SEAL) Octelma V. F tie rsonally kfIfAMAtpMA MY COfdd IISSION CC 895640 EXPIRES: kiarch 4, 2004 [land ^d Th:u t:ctarj PuDwc Ut,,jervniers v s Q 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 - September 5, 2000). 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 SEVERABILITY, ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1" Read- ing - September 5, 2000) TO: FROM: REQUEST CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Mayor and Commission DATE: September _ 15 , ­2 0 0 0 Charles D. Scurr City Manager a poof, SUBJECT: Agenda Item # _ Commission Meeting, LSepterrbe.r 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 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 5 STORMWATER UTILITY, AMENDING CHAPTER 17 ENTITLED 6 "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF 7 THE CITY OF SOUTH MIAMI, FLORIDA, BY PROVIDING DESIGNTED 8 ARTICLES AND BY ADDING A NEW ARTICLE ENTITLED 9 " STORMWATER UTILITY' PROVIDING FOR THE CREATION OF A 10 CITY OF SOUTH MIAMI STORMWATER UTILITY; PROVIDING FOR 11 ITS ORGANIZATION AND GOVERNANCE, PROVIDING DEFINITIONS 12 AND THE DETERMINATION AND COLLECTION OF FEES AND 13 PROVIDING FOR THE IMPOSITION OF LATE CHARGES AND 14 INTEREST AND OF LIENS THEREON; PROVIDING FOR FEE 15 EXEMPTIONS; REPEALING ALL ORDINANCES OR PARTS OF 16 ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES 17 FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; 18 PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR 19 AN EFFECTIVE DATE. 20 21 22 WHEREAS, it is in the best interest of the residents of the City of South Miami in 23 order to protect the public health, safety, and welfare of the community to establish a Stormwater 24 Utility within the municipal boundaries of the city that will be responsive to the critical needs 25 and demands of the City; and; 26 ,,w 27 WHEREAS, the City exercises its option to be exempt from the provisions of the 28 Miami -Dade County Storwater Utility Resolution and from the purview and control of the 29 Miami -Dade County Stormwater Utility and; 30 31 WHEREAS, the purpose and intent of this resolution is to establish a citywide 32 stonnwater utility in furtherance of the provisions of section 403.0893(1), Florida Statutes and 33 the City South Miami, Fla., Comprehensive Plan, as amended, and to adopt stor nwater utility 34 fees sufficient to plan, construct, operate and maintain a local stormwater management system 35 pursuant to section 403.0891(3), Florida Statutes; and; 36 37 WHEREAS, the City of South Miami finds that is necessary and essential to create 38 stonnwater utility to collect and dispose of stormwater within municipal limits and to insure 39 compliance with Federal Clean Water Act (NPDES) regulations, and; 40 41 WHEREAS, the City of South Miami finds that the fees established herein charge the 42 costs of the local program to the beneficiaries based on their relative contribution to its need and 43 represent a logical, reasonable and rational basis for allocating the costs of the local program. 44 45 CONTINUED ... 46 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 47 48 ORDINANCE NO. 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 1. IN GENERAL ARTICLE II. 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 Dowers herein enumerated. . Underline indicates addition. Page 2 of 9 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 47 48 49 50 ORDINANCE NO. (b) The governing body of the Utility shall be the City of Soutlx 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. Sec. 17-26. Definitions. For purposes of this article, certain words and terms are defined herein as follows: (1) BMP (Best Manabement 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) Divelling. 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 I ORDINANCE NO. 2 3 (4) Dwelling unit. A room or group of 4 rooms occupied or intended to be occupied as 5 separate living quarters by one family with 6 independent cooking and sleeping facilities. 7 8 (5) ERU (Equivalent Residential Usage 9 Unit). The estimated average of impervious area of 10 developed residential properties for each dwelling I I unit within the City of South Miami. The estimated 12 average is calculated by dividing the total 13 estimated impervious area of developed residential 14 properties by the estimated total number of 15 dwelling units. The square foot estimated average 16 of impervious area of developed residential 17 properties shall be one (1) ERU for the purposes of 18 fee calculation. 19 20 (6) Impervious area. The horizontal 21 ground surface that is not readily penetrated by 22 rainwater. This shall include, but is not limited to, 23 all structures, slabs, patios, porches, driveways, 24 sidewalks, parking areas, athletic courts and decks. 25 26 (7) Mixed Use developed property. The 27 horizontal ground surface that is not readily 28 penetrated by rainwater. This shall include, but is 29 not limited to, all structures, slabs, patios, porches, 30 driveways, sidewalks, parking areas, athletic 31 courts and decks. 32 33 (8) Nonresidential developed property. Any 34 parcel of land with impervious area that contains 35 only nonresidential uses. 36 37 (9) Outfall. Any and all conveyance of 38 stormwater, including shectflow drainage, 39 associated with developed property that directs, 40 discharges, permits, or allows stormwater to enter 41 into a canal or municipal storm sewer. 42 43 (10) Residential developed property. Any 44 parcel of land with impervious area that contains 45 only dwellings or dwelling units. 46 47 48 Underline indicates addition. 49 Page 4 of 9 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 47 48 49 50 ORDINANCE NO. (11) Stornmater. The surface water runoff that results from rainfall. (12) Stornt►vater 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) Storntwater utility fiutd 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 outfatls 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 property 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 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 47 48 49 50 51 ORDINANCE NO. (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. (c) 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 Utilitv in anv court of competent .jurisdiction. . Underline indicates addition. Page 6 of 9 ORDINANCE NO. 2 (e) For fees which become more than 3 (c) The Utility shall establish procedures 4 to notify owners, tenants, occupants and managers 5 of developed property of delinquent fee accounts. 6 Florida, a notice of lien or statement showing a 7 (d) All fees, late charges and interest 8 accruing thereupon, due and owing to the Utility, 9 which remain unpaid sixty (60) days after the past 10 due date of the fees, shall become a lien against and 11 upon the developed property for which the fees are 12 due and owing to the same extent and character as 13 a lien for a special assessment. Until fully paid and 14 discharged, said fees, late charges, and interest 15 accrued thereupon shall be, remain and constitute 16 a lien equal in rank and dignity with the liens of 17 county ad valorem taxes and superior in rank and 18 dignity to all other liens, encumbrances, titles and 19 claims in, to or against the developed property 20 involved for the period of five (5) years from the 21 date such fees, late charges, and interest accrued 22 thereupon, become a lien as set forth in this article. 23 The lien may be enforced and satisfied by the City, 24 on behalf of the Utility, pursuant to Chapter 173, 25 Florida Statutes, as amended, or by any other 26 method permitted by law. The lien provided for 27 herein sliall be supplemental to other legal 28 remedies for recovery of fees, late charges and 29 accrued interest. 30 31 (e) For fees which become more than 32 sixty (60) days past due and unpaid, the City or the 33 Utility shall cause to be filed in the office of the 34 Clerk of the Circuit Court Miami -Dade County, 35 Florida, a notice of lien or statement showing a 36 legal description of the property against which the 37 lien is claimed, its location by street and number, 38 the name of the owner and an accurate statement 39 of the fees and late charges the unpaid. A copy of 40 such notice of lien shall be mailed within a 41 reasonable time to the owner of the property 42 involved as shown by the records of the Tax 43 Collector of Miami - Dade - County. 44 45 46 47 48 49 Underline indicates addition. 50 Page 7 of 9 ORDINANCE NO. 'rj- 3 (f) Liens may be discharged and satisfied 4 by payment to the City, on behalf of the Utility, of 5 the aggregate amounts specified in the notice of 6 lien, together with interest accrued thereon, and all 7 filing and recording fees. When any such lien has 8 been fully paid or discharged, the City shall cause 9 evidence of the satisfaction and discharge of such 10 lien to be filed with the office of the Clerk of the II Circuit of Miami -Dade County, Florida. Any 12 person, firm, corporation, or any other legal entity, 13 other than the present owner of the property 14 involved, who fully pays any such lien shall be 15 entitled to receive an assignment of lien and shall 16 be subrogated to the rights of the City and the 17 Utility with respect to the enforcement of such lien. 18 19 (g) Notwithstanding other provisions to 20 the contrary herein, the City, , on behalf of the 21 Utility, shall have the discretion not to file notices 22 of lien for fees, late charges and interest accrued 23 thereupon in an amount less than fifty ($50.00) 24 dollars. If the City or the Utility elects not to file a 25 notice of lien, such fees, late charges and accrued 26 interest shall remain as debts due and owing in 27 accordance with subsection (b) above. 28 29 (h) The Utility is authorized and directed 30 to execute and deliver upon request written 31 certificates certifying the amount of fees, late 32 charges and interest accrued thereupon, which are 33 due and owing to the Utility and the City, for any 34 developed property is subject to payment of 35 such fees, or the Utility may certify that no fees, 36 late charge or accrued interest are due and owing. 37 Such certificates shall be binding upon the City 38 and the Utility. 39 40 41 Underline indicates addition. 42 43 44 Section 3: Repeal of Resolutions in Conflict. 45 46 All resolutions or parts of resolutions in conflict herewith are hereby repealed 47 to the extent of such conflict. 48 49 Page 8 of 9 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 47 48 49 50 ORDINANCE NO. 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 day of 2000 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED % MAYOR Page 9 of 9 ORDINANCE NO. 0 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 17 5 ENTITLED "STREETS AND SIDEWALKS" OF THE CODE OF 6 ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, BY 7 PROVIDING DESIGNTED ARTICLES AND BY ADDING A NEW 8 ARTICLE ENTITLED " STORMWATER UTILITY" PROVIDING FOR THE 9 CREATION OF A CITY OF SOUTH MIAMI STORMWATER UTILITY; to PROVIDING FOR ITS ORGANIZATION AND GOVERNANCE, I t PROVIDING DEFINITIONS AND THE DETERMINATION AND 12 COLLECTION OF FEES AND PROVIDING FOR THE IMPOSITION OF 13 LATE CHARGES AND INTEREST AND OF LIENS THEREON; 14 PROVIDING FOR FEE EXEMPTIONS; REPEALING ALL ORDINANCES 15 OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING 16 PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION 17 IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND 18 PROVIDING FOR AN EFFECTIVE DATE. 19 20 21 WHEREAS, it is in the best interest of the residents of the City of South Miami in 22 order to protect the public health, safety, and welfare of the community to establish a Stormwater 23 Utility within the municipal boundaries of the city that will be responsive to the critical needs 24 and demands of the City; and; 25 26 WHEREAS, the City exercises its option to be exempt from the provisions of the 27 Miami -Dade County Storwater Utility Resolution and from the purview and control of the 28 Miami -Dade County Stormwater Utility and; 29 30 WHEREAS, the purpose and intent of this resolution is to establish a citywide 31 stormwater utility in furtherance of the provisions of section 403.0893(1), Florida Statutes and 32 the City South Miami, Fla., Comprehensive Plan, as amended, and to adopt stormwater utility 33 fees sufficient to plan, construct, operate and maintain a local stormwater management system 34 pursuant to section 403.0891(3), Florida Statutes; and; 35 36 WHEREAS, the City of South Miami finds that is necessary and essential to create 37 stormwater utility to collect and dispose of stormwater within municipal limits and to insure 38 compliance with Federal Clean Water Act (NPDES) regulations, and; 39 40 WHEREAS, the City of South Miami finds that the fees established herein charge the 41 costs of the local program to the beneficiaries based on their relative contribution to its need and 42 represent a logical, reasonable and rational basis for allocating the costs of the local program. 43 44 CONTINUED ... 45 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 47 48 49 ORDINANCE NO. _ PAGE 2 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 26 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 II. STORMWATER UTILITY Sec. 17 . Title This article shall be know as the City of South Miami Utility Ordinance. Sec. 17 . 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 Sotrmwater 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. deletion. Underline indicates addition. ORDINANCE NO. 2 PAGE 3 3 4 (b) The governing body of the Utility shall 5 be the City of South Miami City Commission. 6 7 (c) The Utility shall be responsible for the 8 operation, maintenance, and governance of a 9 citywide stormwater utility to plan, construct, 10 operate and maintain stormwater management 11 systems set forth in the local program required 12 pursuant to section 403.0891(3), Florida Statues. 13 14 (d) The Stormwater Utility Manager shall 15 be the Director of the Utility. 16 17 (e) Administrative orders and regulations 18 of the City Manager shall prescribe the 19 organization and operating procedures of the 20 utility. The City Manager shall employ such 21 employees as may be necessary to operate the 22 Utility. The salaries and compensation of all 23 personnel of the Utility shall be determined by the 24 City Commission upon recommendation of the 25 City Manager pursuant to the regular budgetary 26 process. 27 28 Sec. 26. Definitions. 29 30 For purposes of this article, certain words and 31 terms are defined herein as follows: 32 33 (1) BMP (Best Manazement Practice). Any 34 storwater treatment facility (including, but not 35 limited to, exfiltration basin, grass swale, retention 36 pond, or detention pod), installed according to 37 accepted engineering design criteria for the 38 purpose of reducing the discharge of pollutants. 39 40 (2) Developed Property. Any parcel of land 41 that contains an impervious area. 42 43 (3) Dwelling. Any building or portion 44 thereof that is used or intended to be used for 45 living, sleeping, cooking and eating. 46 47 48 49 50 Strikethrough indientes deletion. Underline indicates addition. 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 47 48 49 50 ORDINANCE NO. _ PAGE 4 (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 dwelline 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 property. 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 through structural systems, or 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 dwellines or dwelling units. St . Underline indicates addition. 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 47 48 49 50 ORDINANCE NO. _ PAGE 5 (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 utility fund or Fund. The separate account established by the city for the deposit and use of all stormwater utility fees collected. Sec. 17- 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 property 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. 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 47 48 49 50 51 52 ORDINANCE NO. _ PAGE 6 (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- . Fee Exemptions. (a) Undeveloped Property Sec. 17- . 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 clue 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 subiect 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 Utilitv in anv court of competent iurisdiction. deletion. Underline indicates addition. I ORDINANCE NO. 2 PAGE 7 3 4 (c) The Utility shall establish procedures 5 to notify owners, tenants, occupants and managers 6 of developed property of delinquent fee accounts. 7 8 (d) All fees, late charges and interest 9 accruing thereupon, due and owing to the Utility, 10 which remain unpaid sixty (60) days after the past 11 due date of the fees, shall become a lien against 12 and upon the developed property for which the 13 fees are due and owing to the same extent and 14 character as a lien for a special assessment. Until 15 fully paid and discharged, said fees, late charges, 16 and interest accrued thereupon shall be, remain 17 and constitute a lien equal in rank and dignity 18 with the liens of county ad valorem taxes and 19 superior in rank and dignity to all other liens, 20 encumbrances, titles and claims in, to or against 21 the developed property involved for the period of 22 five (5) years from the date such fees, late charges, 23 and interest accrued thereupon, become a lien as 24 set forth in this article. The lien may be enforced 25 and satisfied by the City, on behalf of the Utility, 26 pursuant to Chapter 173, Florida Statutes, as 27 amended, or by any other method permitted by 28 law. The lien provided for herein shall he 29 supplemental to other legal remedies for recovery 30 of fees, late charges and accrued interest. 31 32 (e) For fees which become more than 33 sixty (60) days past due and unpaid, the City or the 34 Utility shall cause to be filed in the office of the 35 Clerk of the Circuit Court Miami -Dade County, 36 Florida, a notice of lien or statement showing a 37 legal description of the property against which the 38 lien is claimed, its location by street and number, 39 the name of the owner and an accurate statement 40 of the fees and late charges the unpaid. A copy of 41 such notice of lien shall be mailed within a 42 reasonable time to the owner of the property 43 involved as shown by the records of the Tax 44 Collector of Miami - Dade - County. 45 46 47 48 49 50 Strikethrough indieittes deletion. Underline indicates addition. 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 47 48 49 50 51 ORDINANCE NO. _ PAGE 8 (f) Liens may be discharged and satisfied by payment to the City, on behalf of the Utility, of the aeereeate amounts specified in the notice of lien, together with interest accrued thereon, and all filine and recordine fees. When any such lien has been fully paid or discharged, the City shall cause evidence of the satisfaction and discharee 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 assienment of lien and shall be subroeated to the riehts 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 charee or accrued interest are due and owing. Such certificates shall be binding upon the City and the Utility. St . 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. 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 ORDINANCE NO. PAGE 9 Section 4: Penalties. Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court. Section 5: Inclusion in Code. The provisions of this ordinance shall be included and incorporated in the Code of the City of South Miami, as an addition or amendment thereto, and the sections of this ordinance shall be renumbered to conform to the uniform numbering system of the Code. Section 6: Severability Clause. If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the judgement or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this resolution. Section 7: Effective Date. This resolution shall become effective when passed by the City Commission of City of South Miami, Florida and signed by the Mayor of the City of South Miami, Florida. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 2000 APPROVED MAYOR MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING — 9/19/00 ORDINANCE AMENDING SEC. 8A -5, ETC. in the .. XXXXX ............ Courl, ... .. ................... w 5 p$listgd in y Beyrspaper 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 mall 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 tipurpose securing this advertise- ment for p licatiorl a said ne spaper. before me this 000 dayol ..W.I /... j...�.... [/..... A.O........ .4. .......M. (SEAL) Octelma V. F t ije personally k1tt"tpMA MY COMMISSION „ CC 895840 EXPIRES: March 4, 2004 ;. B,)ndnd Tnru tNctary Public Ubdernniers i 0 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. SA -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. (I" Reading - September 5, 2000). ve 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. (t" 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 SEVERABILITY, ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1 "Read- ing - September 5, 2000) CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Comm'n. Date Charles Scurr, City Manager Ronetta Taylor, City Clerk Hakeem Oshikoya, Finance Director Fernando Rodriguez, Public Works Director From: Earl G. Gallop, City Attorney Re: August 25, 2000 1.3 Ordinances approving right -of -way license agreements for: TCG South Florida Metromedia Fiber Network Services Nextlink Florida, Inc. Subject: Ordinances relating to approval of license agreements for telecommunication companies to install, operate and maintain telecommunication equipment in the city's rights - of -way. Discussion: The city has been requested by four telecommunication companies to install telecommunication equipment in the city's rights -of -way. Three ordinances are presented for commission action. The fourth company, Adelphia Business Solutions, Inc., is evaluating the city's ordinance and standard license agreement. The power of the city to regulate service providers is limited to managing the physical installation, use and maintenance of telecommunications equipment in the city's rights -of- way. Federal legislation (the Federal Telecommunications Act of 1996, 47 U.S.C. §253(c)) requires local government to allow telecommunication companies to utilize municipal rights - of -way on a non - discriminatory, competitively neutral basis. The Florida Legislature regulates the amount (1% of gross receipts on recurring local service revenues) that local governments may charge for use of the rights -of -way. The Mayor and City Commission enacted Ordinance no. 5 -99 -1679 on March 2, 1999, to regulate the use of the City's rights -of -ways by telecommunication companies. The ordinance provides for the city and the service provider to enter into a license agreement. The ordinance and the agreement provide for careful management of the location of physical facilities in the rights -of -way. The City Attorney prepared a standard agreement for use by all telecommunication companies. The City Manager is responsible for determining that the Mayor and City Commission, etc. August 25, 2000 Page 2 company has the legal, technical and financial ability to install, operate and maintain the facilities. I have advised the City Manager to accept Florida Public Service Commission certificates as adequate evidence of ability. It is expected that approval of the agreements will have a moderate, positive economic impact. The direct costs to the city should be covered by the application fee and any applicable permit fees. It is not possible to determine the amount of revenue the city will receive from recurring local service revenues. License fees are paid to the city on a quarterly basis. Recommendation: Approve the proposed ordinances on first reading and schedule second reading and public hearing. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS - 5 OF -WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE 6 CITY AND TCG SOUTH FLORIDA TO INSTALL, OPERATE AND 7 MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE 8 MUNICIPAL RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY, 9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 10 11 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami owns 14 and operates rights -of -way in which telecommunications companies desire to install, 15 operate and maintain telecommunications systems; and, 16 17 WHEREAS, within the last few years the United States Congress and the Florida 18 Legislature enacted sweeping telecommunications reform legislation to promote the 19 development of national and international telecommunications systems; and, 20 21 WHEREAS, the Federal Telecommunications Act of 1996, 47 U.S.C. §253(c), 22 preserves the power of the City to manage the use of its rights -of -way by 23 telecommunications companies on a competitively neutral and nondiscriminatory basis; 24 and, 25 26 WHEREAS, the Mayor and City Commission enacted Ordinance no. 5 -99 -1679 27 on March 2, 1999, to regulate the use of the City's rights -of -ways by telecommunications 28 companies; and, 29 30 WHEREAS, the City received a completed application by TCG South Florida to 31 install, operate and maintain a telecommunications system in the City's rights -of -way, the 32 City Manager recommends approval of the application on the bases that the applicant 33 satisfies the technical, legal and financial qualification requirements, and the City 34 Attorney recommends approval of the attached standard license agreement. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1. The License Agreement Between The City of South Miami, Florida 40 and TCG South Florida which is annexed to this ordinance as App. 1, is approved and the 41 City Manager is authorized to execute and deliver the agreement on behalf of the City. 42 Additions shown by underlining and deletions shown by eveffitriking. 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 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, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of September, 2000. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY MAYOR 1 S` Reading — 2 °d Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \\Dell 61001DocumentsTity of South Miami \0022 - 00 1 \6461.doc Additions shown by underlining and deletions shown by e..°o�ing. LICENSE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI, FLORIDA AND TCG SOUTH FLORIDA THIS LICENSE AGREEMENT is entered into this and between: CITY OF SOUTH MIAMI, FLORIDA a Florida municipal corporation, 6130 Sunset Drive South Miami, Florida 33143 and TCG SOUTH FLORIDA A wholly owned subsidiary of AT &T Corporation 1001 Cypress Creek Rd., Suite 209 Fort Lauderdale, Florida 33301 day of , 2000, by IN CONSIDERATION of the sum of $10.00 paid to the City, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Definitions. 1.01 The words and phrases used in this Agreement shall have the meanings given in this section. Words not defined in this section shall be defined in the following order: sec. 13.71 of the Code of Ordinances of the City of South Miami; the Communications Act of 1934, 47 U.S.C. § 521, et seq., and the Telecommunications Act of 1996, as amended; and the Florida Statutes; and, if not defined there, the words shall be given their common and ordinary meaning. 1.02 "Customer" shall mean any person who is provided services of any kind by Licensee, directly or indirectly. For the purpose of provision of services between different locations of the same customer, the term "customer" shall include any person controlling, controlled by or under common control with such customer. 1.03 "Effective Date" shall mean the date on which this Agreement is executed by both City and Licensee. 1.04 `License Area" shall mean that area in which Licensee is authorized to transact as a local business as described in sec. 2.4. 1.05 "Licensee" shall mean TCG South Florida. Page 1 of 12 1.06 "License Year" shall be the fiscal year from October 1st through September 30th provided that the first License Year shall begin on the effective date of this Agreement and end as provided in Sec. 2.3 of this Agreement. 1.07 "Local Service Revenues" shall mean all revenues received by Licensee from its customers for providing the local transport of voice, data and video signals as provided in this Agreement, including but not limited to, those revenues derived from telecommunication services listed in subsec. (2)(a), sec. 203.012, Fla. Stat., as it may be amended. For purposes of this Agreement, "Local Service Revenues" do not include those revenues derived from telecommunications services listed in subsec. (2)(b) of sec. 203.012, Fla. Stat., as it may be amended. Section 2. Nonexclusive License. 2.01 Permission; License. The City hereby grants Licensee permission to erect, construct, install, operate, repair, maintain, expand and use the telecommunications system in, on, over, under and, or, across the municipal rights -of -way. 2.02 Nonexclusive; Priority. The license granted to Licensee is nonexclusive. This License does not establish any priority for the use of the municipal rights -of -way by Licensee or by any present or future franchisee or other permit holders. 2.03 Use of municipal rights -of -way. The use of municipal rights -of -way by the Licensee shall not in any way interfere with the public's access to and use of the rights -of -way. Section 3. Term of License. 3.01 This Agreement is effective upon execution by both parties for an initial term of five (5) years unless earlier terminated or partially terminated as provided below: (a) Upon this Agreement being terminated by operation of law; or (b) Upon the City's enactment of an ordinance consistent with Section 337.401, Florida Statutes, as amended by Section 50 of Ch. 2000 -260, Laws of Fla. ( "Section 50 "), in which event Licensee shall have one hundred twenty (120) days to register in accordance with the lawful registration provisions of the City's ordinance as required at the time of the termination. Following such termination of this Agreement, Licensee shall be entitled to continue to use the rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or (c) On September 30, 2001, if the provisions of Section 337.401, Florida Statutes, in effect on that date continue to limit local governments to a registration procedure as opposed to an agreement or franchise for access to their rights -of -way, Licensee shall have one hundred twenty (120) days to register in accordance with said section and the provisions of this Agreement shall terminate, except for the rights and obligations Page 2 of 12 of this paragraph which shall survive a termination. Licensee shall be entitled to continue to use the City's rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or (d) If this Agreement is not terminated pursuant to (a), (b) or (c) above, or otherwise, then at such time as Section 202.24(2)(a), Florida Statutes, as enacted by Ch. 2000- 260, Laws of Fla. or Section 337.401, Florida Statutes, as amended by Section 51 of Ch. 2000 -260, Laws of Fla., or other similar statutory provisions become effective prohibiting a local government from requiring the payment of fees or taxes now required under Sections 4 and 5 of this Agreement, then Sections 4 and 5 shall no longer be effective. 3.02 This Agreement shall be renewed automatically for five five -year renewal periods unless either party delivers written notice to the other party of its election not to renew the next term at least six months prior to the expiration of the current term. Section 4. License Payments. 4.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a licensee fee equal to one percent (1 %) of its gross receipts on recurring local service revenues derived during each quarter from service provided within the corporate limits of the City by Licensee. The license fee includes all taxes, licenses, fees and other impositions by the City for the privilege of using the City's rights -of -way, but does not include the city application fee and building permit fees, nor taxes, licenses, fees and other impositions by other units of government. 4.02 The license fee charged by the City for the use of its rights -of -way is nondiscriminatory and competitively neutral. It is no greater, and no less, than the fee the City will charge any other telecommunications provider. 4.03 Payments of the license fee shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarter, together with a sworn statement truthfully stating the amount of the license fee paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 5. Payment of Excise Tax. 5.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a public utilities tax as provided in sec. 166.231, Fla. Stat., as it may be amended, equal to ten percent (10 %) of the monthly recurring customer service charges, Page 3 of 12 excluding public telephone charges collected on site, access charges, and any customer access line charges paid to Licensee. 5.02 Payments of the excise tax shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarterly period, together with a sworn statement truthfully stating the amount of the excise tax paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 6. Changes in the Laws Regulating Fees. 6.01 The license fee or excise tax charged by this Agreement is the maximum amount that is allowed by law. In the event that the law, which is sec. 166.231 and sec. 337.401, Fla. Stat., is amended to authorize the City to charge a greater amount, this Agreement shall be amended by operation of the law to increase the excise tax or license fee on the effective date of, or as otherwise provided by, the law. 6.02 Similarly, in the event the maximum license fee or excise tax charged by this Agreement is decreased by amendment to the law, this Agreement shall be amended by operation of the law to decrease the excise tax or license fee on the effective date of, or as otherwise provided by, the law. Section 7. Duties and Responsibilities of Licensee. 7.01 No construction or installation of the system, or any part of it, shall be commenced until the required permits have been issued by the proper departments of the City. As a condition to the issuance of permits, the City may impose such reasonable requirements as are required for compliance with this Agreement and may also impose such reasonable conditions and regulations as are necessary for the purpose of protecting any structures or other telecommunication systems within the public right -of -way. The City shall assist the Licensee in obtaining all required local permits and authorizations in an expeditious and timely manner. 7.02 The Licensee shall at all times comply with the requirements of article X. sec. 13 -69, et seq. of the city code. Licensee shall construct, install, operate and maintain the telecommunications system in a manner consistent with all other federal, State and local laws, ordinances, construction standards, FCC technical standards and rules and regulations, and all other applicable governmental requirements, including, but not limited to the standards of the Occupational Safety and Health Administration and the National Electrical Safety Code. Section 8. Termination. 8.01 In the event that any use, certificate, permit or approval issued to Licensee is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority or court of competent jurisdiction so that Licensee is unable to provide telecommunication services, Page 4 of 12 Licensee shall have the right to immediately terminate this Agreement by giving written notice of termination to the City. Upon termination of the Agreement pursuant to this section, the Licensee shall pay the City all license fee and excise taxes due and owing for the final quarter of operation. 8.02 Licensee shall have the right to terminate this Agreement for convenience provided that it gives the City one year prior notice of termination and pays to the City all license fee and excise taxes due and owing for the final year of operation. 8.03 In the event of a default by Licensee under any of the terms of this Agreement, the City may terminate this Agreement by giving a 90 -day written notice to Licensee; however, Licensee may correct any default within 45 days of receipt of written notice. This Agreement shall not terminate if the default is of a nature that it cannot be cured in 45 days and Licensee diligently proceeds to cure the default. Section 9. Indemnification. 9.01 Licensee agrees to indemnify, save and hold harmless and defend the City, its commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with or because of the use and occupancy of the municipal rights -of -way by Licensee or its officers, agents, employees or independent contractors under this Agreement, or the breach of this Agreement by Licensee. Licensee shall pay all claims, losses, liens, fines, penalties, settlements or judgments, of any nature whatsoever, in connection therewith, including, but not limited to, attorney's fees, paralegal fees, expert witness fees, consultant fees, investigative costs, and costs to defend all claims or suits, including attorney's fees on appeal in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon at both the trial and appellate levels. The indemnification shall not be limited to the amount of comprehensive general liability insurance which Licensee is required to obtain under this Agreement. This indemnify shall not apply to any claims arising from an act of gross negligence or intentional misconduct of the indemnified party. Section 10. Insurance. 10.01 Licensee shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance has been approved by the Risk Manager of the City nor shall the Licensee allow any contractor or subcontractor to commence work on the municipal rights -of -way until all similar insurance required of any contractor or subcontractor has been obtained and approved. 10.02 Certificates of insurance shall be filed with the Risk Manager prior to the commencement of the work. The Certificates shall name the City as an additional insured and shall contain a provision that coverages afforded under the policies will not be canceled until 30- days prior written notice has been given to the City. In the event insurance coverage is canceled Page 5of12 or not renewed by an insurer, Licensee shall provide a replacement certificate of insurance within 30 days of cancellation or non - renewal as proof that equal and like coverage is in effect. 10.03 Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurers shall have financial ratings of no less than "A" and Class X respectively in the latest edition of "Bests Key Rating Guide ", published by A.M. Best Guide. Notwithstanding the foregoing, the insurance coverage required by this Agreement may be provided through self - insurance or a captive insurance company to the extent allowed by law. 10.04 Insurance required for the construction of the facilities shall be in force until all work is satisfactorily completed. 10.05 Comprehensive general liability insurance must be provided to insure against bodily injury and property damage. Exposures to be covered include premises, operations, products /completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: Death and Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Personal injury Annual aggregate $1,000,000 Property damage liability insurance shall include coverage for the following hazards: X - explosion, C- collapse, U - underground. 10.06 Workers compensation insurance shall be maintained during the term of this Agreement and shall comply with statutory limits for all employees, and in the case any work is sublet, Licensee shall require the contractor and subcontractors to provide workers compensation insurance for all their employees unless such employees are covered by the protection afforded by Licensee. Licensee and its contractors and subcontractors shall maintain during the life of this policy employers liability insurance. The following limits must be maintained: Workers compensation Statutory Employer's liability $500,000 per occurrence 10.07 Comprehensive auto liability: Page 6 of 12 Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Coverage shall include owned, hired and non -owned vehicles. Section 11. Assignment. 11.01 Licensee shall not assign or transfer this Agreement except as provided in article V1, Section 5, of the City Charter, as amended. Section 12. Compliance with Laws. 12.01 At all times during the term of this License, Licensee shall comply with all applicable laws, rules or regulations of the City, and of the federal, state and county governments, their regulatory agencies or commissions, which are now or may be applicable to the construction, installation, operation or maintenance of the telecommunications system, including, without limitation, all special laws, ordinances, or regulations. Nothing in this Agreement shall be deemed a waiver of Licensee's right to challenge the validity of any law, rule or regulation. Any law, rule, or regulation of the City, or federal, state or county government, their regulatory agencies or commissions, which may become applicable subsequent to the effective date of this Agreement relating to the use of municipal rights -of -way for the installation, operation or maintenance of the telecommunications system shall take precedence over this Agreement. The City and Licensee shall amend this License to comply with newly enacted, amended or repealed laws or regulations. Section 13. Governing Law., Venue. 13.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 13.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Dade County, Florida. Section 14. Insolvency. Page 7 of 12 14.01 In the event that either party shall become insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or its assets or shall avail itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act, or any other statute of any state relating to insolvency or the protection of rights of creditors, or becomes subject to rehabilitation, then, at the option of the other party and immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 15. Entire Agreement. 15.01 This Agreement contains the entire understanding of the parties relating to the subject matter, superseding all prior communications between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the requirements of this Agreement shall not be construed as a waiver or relinquishment for the future of any requirement, term, condition or election, and this Agreement shall continue and remain in full force and effect. Section 16. Severability. 16.01 Should any part, term or provision of this Agreement be determined by a court to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected unless the determination results in a failure in consideration. Section 17. Notices. 17.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, or by receipted hand delivery to the receiving party, to the following persons and addresses: The City: The City Manager The City of South Miami 6130 Sunset Drive South Miami, Florida 33143 With a copy to: The City Attorney 6130 Sunset Drive South Miami, Florida 33143 Licensee: TCG South Florida 1001 Cypress Creek Road Suite 209 Fort Lauderdale, Florida 33301 Page 8 of 12 Attn: Jim Nevin, Director of Operations for TCG South Florida (954) 453 -4240 With a copy to: Office of the General Counsel Teleport Communications Group Inc. 429 Ridge Road Dayton, NJ 08810 Section 18. Other Provisionst, 18.01 Should the City, at any time during the term of this Agreement, decide to vacate all or part of the municipal rights -of -way, the vacation shall be subject to this Agreement. 18.02 Licensee has been certified by the Florida Public Service Commission as an alternate local exchange telecommunications company and the PSC found that Licensee has sufficient technical, financial, and managerial capability to provide alternative local exchange telecommunications service. 18.03 All of the powers, rights and privileges granted to the City and the Licensee in the City's Telecommunications Systems ordinance, article X, sec. 13 -69, et seq. of the city code, are incorporated into this License Agreement by reference as if fully set forth in this Agreement, and are expressly agreed to by the parties. A copy of the telecommunications systems ordinance is annexed to and made a part of this License Agreement. 18.04 The relationship of Licensee to the City is and shall continue to be an independent contractual relationship, and no liability or benefits, such as worker's compensation, pension rights or liabilities, insurance rights or liabilities or other liabilities, arising out of, or related to, a contract for hire or employer /employee relationship, shall arise or accrue to either party or to either party's agents or employees as a result of the performance of this Agreement. Section 19. Attorneys' Fees. 19.01 The City, if it is the prevailing party in any litigation between the parties arising under this Agreement, shall be entitled to reasonable attorneys' fees, paralegal fees, expert witness fees whether or not the witness is used at trial, investigative costs, necessary consultant costs, expenses and court costs, at both the trial and appellate levels and for post -trial enforcement proceedings. Section 20. Public Records. 20.01 The City must comply with the provisions of the Chapter 119, Fla. Stat. (i.e. the Public Records Law). However, the City recognizes that certain records provided by Licensee may be exempt from the disclosure requirements of Chapter 119, Fla. Stat., and may be required to remain confidential. These documents include, but are not necessarily limited to, records included within the provisions of Sections 119.07(3)(r) and 166.231(9)(c), Fla. Stat. Page 9 of 12 20.02 Upon execution, this Agreement may be recorded in the Public Records of Dade County, Florida, by the Licensee. Section 21. Remedies Not Exclusive. 21.01 The rights and remedies of the City set forth in this Agreement and article X, sec. 13 -69, et seq. of the city code shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. Section 22. Sovereign Immunity 22.01 By entering into this Agreement, the City does not waive sovereign immunity from, and shall not be subject to, suit and liability for damages, prejudgment interest and attorney's fees. Licensee may enforce any provision of this Agreement only by suit for declaratory judgment, injunction, mandamus and other forms of equitable relief. [Signatures appear on the following page] Page 10 of 12 ATTEST: Ronetta Taylor, City Clerk Approved as to Form: Earl Gallop, City Attorney Signed and delivered in the presence of. THE CITY OF SOUTH MIAMI, FLORIDA Charles D. Scurr, City Manager TCG SOUTH FLORIDA By:_ Title: Page 11 of 12 STATE OF FLORIDA ) )SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day of , 2000, before me personally appeared_ to me personally known to be the individual who executed the foregoing instrument and acknowledged before me that he /she executed the same for the purposes therein express on behalf of He/she is personally known to me or produced as identification. Notary Public, State of Florida Print Name: Commission No.: Commission Expires: STATE OF ) )SS COUNTY OF ) I HEREBY CERTIFY that on this day of 2000, before me personally appeared , to me personally known to be the individual who executed the foregoing instrument and acknowledged before me that he /she executed the same for the purposes therein express on behalf of He /she is personally known to me or produced as identification. Notary Public, State of Print Name: Commission No.: Commission Expires: FTL1 1/503057 v2 1\Dc11_61001DocumcntslCity of South Miami10022- 00114369.doc Page 12 of 12 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 TCG SOUTH FLORIDA TO IN- STALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1" Reading - September 5, 2000) Said ordinance can be inspected in the City Clerk's Office, Monday -Fri- day during regular office hours. Inquiries concerning these items should be directed to the City Manag- er's Office at: 663.6338 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 9i8 00- 3.93/88497M Adolobb. V7 CITY OF SOUTH MIAMI INTER — OFFICE MEMORANDUM To: Mayor and City Comm'n. Date: August 25, 2000 Charles Scurr, City Manager Ronetta Taylor, City Clerk Hakeem Oshikoya, Finance Director Fernando Rodriguez, Public Works Director From: Earl G. Gallop, City Attorney Re: Ordinances approving right -of -way license agreements for: TCG South Florida Metromedia Fiber Network Services Nextlink Florida, Inc. Subject: Ordinances relating to approval of license agreements for telecommunication companies to install, operate and maintain telecommunication equipment in the city's rights - of -way. Discussion: The city has been requested by four telecommunication companies to install telecommunication equipment in the city's rights -of -way. Three ordinances are presented for commission action. The fourth company, Adelphia Business Solutions, Inc., is evaluating the city's ordinance and standard license agreement. The power of the city to regulate service providers is limited to managing the physical installation, use and maintenance of telecommunications equipment in the city's rights -of- way. Federal legislation (the Federal. Telecommunications Act of 1996,47 U.S.C. §253(c)) requires local government to allow telecommunication companies to utilize municipal rights - of -way on a non - discriminatory, competitively neutral basis. The Florida Legislature regulates the amount (1% of gross receipts on recurring local service revenues) that local governments may charge for use of the rights -of -way. The Mayor and City Commission enacted Ordinance no. 5 -99 -1679 on March 2, 1999, to regulate the use of the City's rights -of -ways by telecommunication companies. The ordinance provides for the city and the service provider to enter into a license agreement. The ordinance and the agreement provide for careful management of the location of physical facilities in the rights -of -way. The City Attorney prepared a standard agreement for use by all telecommunication companies. The City Manager is responsible for determining that the Mayor and City Commission, etc. August 25, 2000 Page 2 company has the legal, technical and financial ability to install, operate and maintain the facilities. I have advised the City Manager to accept Florida Public Service Commission certificates as adequate evidence of ability. It is expected that approval of the agreements will have a moderate, positive economic impact. The direct costs to the city should be covered by the application fee and any applicable permit fees. It is not possible to determine the amount of revenue the city will receive from recurring local service revenues. License fees are paid to the city on a quarterly basis. Recommendation: Approve the proposed ordinances on first reading and schedule second reading and public hearing. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS - 5 OF -WAY; APPROVING A LICENSE AGREEMENT BETWEEN THE 6 CITY AND METROMEDIA FIBER NETWORK SERVICES, INC. TO 7 INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS 8 SYSTEMS IN THE MUNICIPAL RIGHT -OF -WAY; PROVIDING FOR 9 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 10 DATE. 11 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami owns 15 and operates rights -of -way in which telecommunications companies desire to install, 16 operate and maintain telecommunications systems; and, 17 18 WHEREAS, within the last few years the United States Congress and the Florida 19 Legislature enacted sweeping telecommunications reform legislation to promote the 20 development of national and international telecommunications systems; and, 21 22 WHEREAS, the Federal Telecommunications Act of 1996, 47 U.S.C. §253(c), 23 preserves the power of the City to manage the use of its rights -of -way by 24 telecommunications companies on a competitively neutral and nondiscriminatory basis; 25 and, 26 27 WHEREAS, the Mayor and City Commission enacted Ordinance no. 5 -99 -1679 28 on March 2, 1999, to regulate the use of the City's rights -of -ways by telecommunications 29 companies; and, 30 31 WHEREAS, the City received a completed application by Metromedia Fiber 32 Network Services, Inc. to install, operate and maintain a telecommunications system in 33 the City's rights -of -way, the City Manager recommends approval of the application on 34 the bases that the applicant satisfies the technical, legal and financial qualification 35 requirements, and the City Attorney recommends approval of the attached standard 36 license agreement. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section 1. The License Agreement Between The City of South Miami, Florida 42 and Metromedia Fiber Network Services, Inc., which is annexed to this ordinance as Additions shown by underlining and deletions shown by everstr-iking. 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 App. 1, is approved and the City Manager is authorized to execute and deliver the agreement on behalf of the City. 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, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of September, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 11 De11_61000ocuments\City of South Miami10022- 00116457.doc APPROVED: I&! O) 1St Reading — 2 °d Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by eveHtFiking. LICENSE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI, FLORIDA AND METROMEDIA FIBER NETWORK SERVICES, INC. THIS LICENSE AGREEMENT is entered into this day of , 2000, by and between: CITY OF SOUTH MIAMI, FLORIDA a Florida municipal corporation, 6130 Sunset Drive South Miami, Florida 33143 and METROMEDIA FIBER NETWORK SERVICES, INC., One North Lexington Avenue White Plains, New York 10601 IN CONSIDERATION of the sum of $10.00 paid to the City, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Definitions. 1.01 The words and phrases used in this Agreement shall have the meanings given in this section. Words not defined in this section shall be defined in the following order: sec. 13.71 of the Code of Ordinances of the City of South Miami; the Communications Act of 1934, 47 U.S.C. § 521, et seq., and the Telecommunications Act of 1996, as amended; and the Florida Statutes; and, if not defined there, the words shall be given their common and ordinary meaning. 1.02 "Customer" shall mean any person who is provided services of any kind by Licensee, directly or indirectly. For the purpose of provision of services between different locations of the same customer, the term "customer" shall include any person controlling, controlled by or under common control with such customer. 1.03 "Effective Date" shall mean the date on which this Agreement is executed by both City and Licensee. 1.04 "License Area" shall mean that area in which Licensee is authorized to transact as a local business as described in sec. 2.4 1.05 "Licensee" shall mean Metromedia Fiber Network Services, Inc. 1.06 "License Year" shall be the fiscal year from October 1st through September 30th provided that the first License Year shall begin on the effective date of this Agreement and end as provided in Sec. 2.3 of this Agreement. Page 1 of 12 1.07 "Local Service Revenues" shall mean all revenues received by Licensee from its customers for providing the local transport of voice, data and video signals as provided in this Agreement, including but not limited to, those revenues derived from telecommunication services listed in subsec. (2)(a), sec. 203.012, Fla. Stat., as it may be amended. For purposes of this Agreement, "Local Service Revenues" do not include those revenues derived from telecommunications services listed in subsec. (2)(b) of sec. 203.012, Fla. Stat., as it may be amended. Section 2. Nonexclusive License. 2.01 Permission; License. The City hereby grants Licensee permission to erect, construct, install, operate, repair, maintain, expand and use the telecommunications system in, on, over, under and, or, across the municipal rights -of -way. 2.02 Nonexclusive; Priority. The license granted to Licensee is nonexclusive. This License does not establish any priority for the use of the municipal rights -of -way by Licensee or by any present or future franchisee or other permit holders. 2.03 Use of municipal rights -of -way. The use of municipal rights -of -way by the Licensee shall not in any way interfere with the public's access to and use of the rights -of -way. Section 3. Term of License. 3.01 This Agreement is effective upon execution by both parties for an initial term of five (5) years unless earlier terminated or partially terminated as provided below: (a) Upon this Agreement being terminated by operation of law; or (b) Upon the City's enactment of an ordinance consistent with Section 337.401, Florida Statutes, as amended by Section 50 of Ch. 2000 -260, Laws of Fla. ("Section 50 "), in which event Licensee shall have one hundred twenty (120) days to register in accordance with the lawful registration provisions of the City's ordinance as required at the time of the termination. Following such termination of this Agreement, Licensee shall be entitled to continue to use the rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or (c) On September 30, 2001, if the provisions of Section 337.401, Florida Statutes, in effect on that date continue to limit local governments to a registration procedure as opposed to an agreement or franchise for access to their rights -of -way, Licensee shall have one hundred twenty (120) days to register in accordance with said section and the provisions of this Agreement shall terminate, except for the rights and obligations of this paragraph which shall survive a termination. Licensee shall be entitled to continue to use the City's rights -of -way, without interruption, subject to compliance with the one hundred twenty (120) day registration requirement; or Page 2 of 12 (d) If this Agreement is not terminated pursuant to (a), (b) or (c) above, or otherwise, then at such time as Section 202.24(2)(a), Florida Statutes, as enacted by Ch. 2000- 260, Laws of Fla. or Section 337.401, Florida Statutes, as amended by Section 51 of Ch. 2000 -260, Laws of Fla., or other similar statutory provisions become effective prohibiting a local government from requiring the payment of fees or taxes now required under Sections 4 and 5 of this Agreement, then Sections 4 and 5 shall no longer be effective. 3.02 This Agreement shall be renewed automatically for five five -year renewal periods unless either party delivers written notice to the other party of its election not to renew the next term at least six months prior to the expiration of the current term. Section 4. License Payments. 4.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a licensee fee equal to one percent (1 %) of its gross receipts on recurring local service revenues derived during each quarter from service provided within the corporate limits of the City by Licensee. The license fee includes all taxes, licenses, fees and other impositions by the City for the privilege of using the City's rights -of -way, but does not include the city application fee and building permit fees, nor taxes, licenses, fees and other impositions by other units of government. 4.02 The license fee charged by the City for the use of its rights -of -way is nondiscriminatory and competitively neutral. It is no greater, and no less, than the fee the City will charge any other telecommunications provider. 4.03 Payments of the license fee shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarter, together with a sworn statement truthfully stating the amount of the license fee paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 5. Payment of Excise Tax. 5.01 Beginning with the first quarter of the fiscal year which ends following the effective date of this License, and for each quarter after that during the term of this Agreement, Licensee shall pay to the City a public utilities tax as provided in sec. 166.231, Fla. Stat., as it may be amended, equal to ten percent (10 %) of the monthly recurring customer service charges, excluding public telephone charges collected on site, access charges, and any customer access line charges paid to Licensee. Page 3 of 12 5.02 Payments of the excise tax shall be remitted to and received by the City not later than the twentieth (20th) day of the quarterly period on account of bills paid by customers during the preceding fiscal quarterly period, together with a sworn statement truthfully stating the amount of the excise tax paid and the basis for the computation. Payments shall be delivered or mailed to the Director of the Finance Department, City of South Miami 6130 Sunset Drive, South Miami, Florida 33143, or to such other address as the City may specify with reasonable advance notice. Section 6. Changes in the Laws Regulating Fees. 6.01 The license fee or excise tax charged by this Agreement is the maximum amount that is allowed by law. In the event that the law, which is sec. 166.231 and sec. 337.401, Fla. Stat., is amended to authorize the City to charge a greater amount, this Agreement shall be amended by operation of the law to increase the excise tax or license fee on the effective date of, or as otherwise provided by, the law. 6.02 Similarly, in the event the maximum license fee or excise tax charged by this Agreement is decreased by amendment to the law, this Agreement shall be amended by operation of the law to decrease the excise tax or license fee on the effective date of, or as otherwise provided by, the law. Section 7. Duties and Responsibilities of Licensee. 7.01 No construction or installation of the system, or any part of it, shall be commenced until the required permits have been issued by the proper departments of the City. As a condition to the issuance of permits, the City may impose such reasonable requirements as are required for compliance with this Agreement and may also impose such reasonable conditions and regulations as are necessary for the purpose of protecting any structures or other telecommunication systems within the public right -of -way. The City shall assist the Licensee in obtaining all required local permits and authorizations in an expeditious and timely manner. 7.02 The Licensee shall at all times comply with the requirements of article X. sec. 13 -69, et seq. of the city code. Licensee shall construct, install, operate and maintain the telecommunications system in a manner consistent with all other federal, State and local laws, ordinances, construction standards, FCC technical standards and rules and regulations, and all other applicable governmental requirements, including, but not limited to the standards of the Occupational Safety and Health Administration and the National Electrical Safety Code. Section 8. Termination. 8.01 In the event that any use, certificate, permit or approval issued to Licensee is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority or court of competent jurisdiction so that Licensee is unable to provide telecommunication services, Licensee shall have the right to immediately terminate this Agreement by giving written notice of termination to the City. Upon termination of the Agreement pursuant to this section, the Page 4 of 12 Licensee shall pay the City all license fee and excise taxes due and owing for the final quarter of operation. 8.02 Licensee shall have the right to terminate this Agreement for convenience provided that it gives the City one year prior notice of termination and pays to the City all license fee and excise taxes due and owing for the final year of operation. 8.03 In the event of a default by Licensee under any of the terms of this Agreement, the City may terminate this Agreement by giving a 90 -day written notice to Licensee; however, Licensee may correct any default within 45 days of receipt of written notice. This Agreement shall not terminate if the default is of a nature that it cannot be cured in 45 days and Licensee diligently proceeds to cure the default. Section 9. Indemnification. 9.01 Licensee agrees to indemnify, save and hold harmless and defend the City, its commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, in connection with or because of the use and occupancy of the municipal rights -of -way by Licensee or its officers, agents, employees or independent contractors under this Agreement, or the breach of this Agreement by Licensee. Licensee shall pay all claims, losses, liens, fines, penalties, settlements or judgments, of any nature whatsoever, in connection therewith, including, but not limited to, attorney's fees, paralegal fees, expert witness fees, consultant fees, investigative costs, and costs to defend all claims or suits, including attorney's fees on appeal in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon at both the trial and appellate levels. The indemnification shall not be limited to the amount of comprehensive general liability insurance which Licensee is required to obtain under this Agreement. This indemnify shall not apply to any claims arising from an act of gross negligence or intentional misconduct of the indemnified party. Section 10. Insurance. 10.01 Licensee shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance has been approved by the Risk Manager of the City nor shall the Licensee allow any contractor or subcontractor to commence work on the municipal rights -of -way until all similar insurance required of any contractor or subcontractor has been obtained and approved. 10.02 Certificates of insurance shall be filed with the Risk Manager prior to the commencement of the work. The Certificates shall name the City as an additional insured and shall contain a provision that coverages afforded under the policies will not be canceled until 30- days prior written notice has been given to the City. In the event insurance coverage is canceled or not renewed by an insurer, Licensee shall provide a replacement certificate of insurance within 30 days of cancellation or non - renewal as proof that equal and like coverage is in effect. Page 5 of 12 10.03 Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurers shall have financial ratings of no less than "A" and Class X respectively in the latest edition of "Bests Key Rating Guide ", published by A.M. Best Guide. The insurance coverage required by this Agreement may be provided in part by excess or umbrella coverage. 10.04 Insurance required for the construction of the facilities shall be in force until all work is satisfactorily completed. 10.05 Comprehensive general liability insurance must be provided to insure against bodily injury and property damage. Exposures to be covered include premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: Death and Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Personal injury Annual aggregate $1,000,000 Property damage liability insurance shall include coverage for the following hazards: X - explosion, C- collapse, U - underground. 10.06 Workers compensation insurance shall be maintained during the term of this Agreement and shall comply with statutory limits for all employees, and in the case any work is sublet, Licensee shall require the contractor and subcontractors to provide workers compensation insurance for all their employees unless such employees are covered by the protection afforded by Licensee. Licensee and its contractors and subcontractors shall maintain during the life of this policy employers liability insurance. The following limits must be maintained: Workers compensation Statutory Employer's liability $500,000 per occurrence 10.07 Comprehensive auto liability: Bodily injury 1. Each occurrence $3,000,000 2. Annual aggregate $3,000,000 Page 6 of 12 Property damage 1. Each occurrence $1,000,000 2. Annual aggregate $1,000,000 Coverage shall include owned, hired and non -owned vehicles. Section 11. Assignment. 11.01 Licensee shall not assign or transfer this Agreement, except as provided in article VI, section 5, of the City Charter, as amended. Section 12. Compliance with Laws. 12.01 At all times during the term of this License, Licensee shall comply with all applicable laws, rules or regulations of the City, and of the federal, state and county governments, their regulatory agencies or commissions, which are now or may be applicable to the construction, installation, operation or maintenance of the telecommunications system, including, without limitation, all special laws, ordinances, or regulations. Nothing in this Agreement shall be deemed a waiver of Licensee's right to challenge the validity of any law, rule or regulation. Any law, rule, or regulation of the City, or federal, state or county government, their regulatory agencies or commissions, which may become applicable subsequent to the effective date of this Agreement relating to the use of municipal rights -of -way for the installation, operation or maintenance of the telecommunications system shall take precedence over this Agreement. The City and Licensee shall amend this License to comply with newly enacted, amended or repealed laws or regulations. Section 13. Governing Law; Venue. 13.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 13.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Dade County, Florida. Section 14. Insolvency. 14.01 In the event that either party shall become insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or its assets or shall avail itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act, or any other statute of any state relating to insolvency or the protection of rights of creditors, or becomes subject to rehabilitation, then, at the option of the other party and Page 7 of 12 immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 15. Entire Agreement. 15.01 This Agreement contains the entire understanding of the parties relating to the subject matter, superseding all prior communications between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the requirements of this Agreement shall not be construed as a waiver or relinquishment for the future of any requirement, term, condition or election, and this Agreement shall continue and remain in full force and effect. Section 16. Severability. 16.01 Should any part, term or provision of this Agreement be determined by a court to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected unless the determination results in a failure in consideration. Section 17. Notices. 17.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, or by receipted hand delivery to the receiving party, to the following persons and addresses: The City: The City Manager The City of South Miami 6130 Sunset Drive South Miami, Florida 33143 With a copy to: The City Attorney 6130 Sunset Drive South Miami, Florida 33143 Licensee: John Ambrus, Director of Network Development Metromedia Fiber Network Services, Inc. 360 Hamilton Avenue White Plains, New York 10601 Page 8 of 12 With a copy to: Office of the General Counsel Metromedia Fiber Network Services, Inc. 1 Meadowlands Plaza, 6h Floor East Rutherford, NJ 07073 Section 18. Other Provisions, 18.01 Should the City, at any time during the term of this Agreement, decide to vacate all or part of the municipal rights -of -way, the vacation shall be subject to this Agreement. 18.02 Licensee has been certified by the Florida Public Service Commission as an alternate local exchange telecommunications company and the PSC found that Licensee has sufficient technical, financial, and managerial capability to provide alternative local exchange telecommunications service. 18.03 All of the powers, rights and privileges granted to the City and the Licensee in the City's Telecommunications Systems ordinance, article X, sec. 13 -69, et seq. of the city code, are incorporated into this License Agreement by reference as if fully set forth in this Agreement, and are expressly agreed to by the parties. A copy of the telecommunications systems ordinance is annexed to and made a part of this License Agreement. 18.04 The relationship of Licensee to the City is and shall continue to be an independent contractual relationship, and no liability or benefits, such as worker's compensation, pension rights or liabilities, insurance rights or liabilities or other liabilities, arising out of, or related to, a contract for hire or employer /employee relationship, shall arise or accrue to either party or to either party's agents or employees as a result of the performance of this Agreement. Section 19. Attorneys' Fees. 19.01 The City, if it is the prevailing party in any litigation between the parties arising under this Agreement, shall be entitled to reasonable attorneys' fees, paralegal fees, expert witness fees whether or not the witness is used at trial, investigative costs, necessary consultant costs, expenses and court costs, at both the trial and appellate levels and for post -trial enforcement proceedings. Section 20. Public Records. 20.01 The City must comply with the provisions of the Chapter 119, Fla. Stat. (i.e. the Public Records Law). However, the City recognizes that certain records provided by Licensee may be exempt from the disclosure requirements of Chapter 119, Fla. Stat., and may be required to remain confidential. These documents include, but are not necessarily limited to, records included within the provisions of Sections 119.07(3)(r) and 166.231(9)(c), Fla. Stat. Page 9 of 12 20.02 Upon execution, this Agreement may be recorded in the Public Records of Dade County, Florida, by the Licensee. Section 21. Remedies Not Exclusive. 21.01 The rights and remedies of the City set forth in this Agreement and article X, sec. 13 -69, et seq. of the city code shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. Section 22. Sovereign Immunity 22.01 By entering into this Agreement, the City does not waive sovereign immunity from, and shall not be subject to, suit and liability for damages, prejudgment interest and attorney's fees. Licensee may enforce any provision of this Agreement only by suit for declaratory judgment, injunction, mandamus and other forms of equitable relief. [Signatures appear on the following page] Page 10 of 12 ATTEST: Ronetta Taylor, City Clerk Approved as to Form: Earl Gallop, City Attorney Signed and delivered in the presence of THE CITY OF SOUTH MIAMI, FLORIDA Charles D. Scurr, City Manager METROMEDIA FIBER NETWORK SERVICES, INC. By :_ Title: Page 11 of 12 STATE OF FLORIDA ) )SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day of personally appeared individual who executed the foregoing instrument an d executed the same for the purposes therein express He/she is personally known to me or produced STATE OF ) )SS COUNTY OF ) 2000, before me to me personally known to be the acknowledged before me that he /she on behalf of as identification. Notary Public, State of Florida Print Name: Commission No.: Commission Expires: I HEREBY CERTIFY that on this day of personally appeared individual who executed the foregoing instrument and executed the same for the purposes therein express He /she is personally known to me or produced Commission Expires: FMI #503053 v2 2000, before me o me personally known to be the acknowledged before me that he /she n behalf of as identification. Notary Public, State of Print Name: Commission No.: M01_61000ocumcntsTity of South Miami10022- 001\3654.doc Page 12 of 12 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 Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Dally Business Review flkla Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Mlami- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - 9/19/00 ORDINANCE AMENDING SEC. 8A -5, ETC. in the .............XXXXX Court, wag bblistlf:d in y d6eyspaper in the issues of Affiant further says that the said Miami Dally 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 Miaml•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 hRsAeIIh er paid nor promised any person, firm or corpo on an discount, rebate, com- mission or re nd fort urpose securing this advertise- mentfor p ilcatiar}- re said ne spaper. SwQCn to qnd subscribed before me this2000 day ofl4... .I /...�... f.... f.l..... A.D........ .4 ......... r. —r... v ... w........ —T........ (SEAL) Octelma V. F onally kM*MtPMA .�' t ':: f 1Y COMMISSION # CC 895610 EXPIRES: March 4 2001 eond,?dThwNctariftv4cunderart!cs 0 s 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- September 5, 2000). 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 SEVERABILITY, ORDI- NANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1 "Read- ing - September 5, 2000) v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager V, Request : Date: September 115, 2000 Agenda Item I .J Commission Mtg. 9/19/00 Re: Special Use Approval Cellular Communications Facility 6330 S.W. 40'x' St. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO PLACE A STEALTH CELLULAR COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 6330 S.W. 40TII ST.(BIRD RD.) WITHIN THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT BACKGROUND The applicant, BellSouth Mobility, Inc. is requesting approval to place a cellular communications facility on property owned by Hope Lutheran Church, located at 6330 SW 40 °i St. (Bird Rd.). The facility will consist of antennas mounted inside a religious cross feature mounted at the roofline of the main sanctuary building. The antenna cable will be attached to the east elevation and will be concealed in a boxed out chase extending up the side of the building. The existing religious cross on the east fagade will be removed. The highest point of the antenna will be 70 feet above grade (10 ft. above the 60 ft. height of the structure). The antennas will be connected to an enclosed equipment shelter to be located at the southeast corner of the church. SITE ANALYSIS 1) The church property consists of a sanctuary building and two accessory structures, a one -story day care/ parish hall, and a one story parsonage. The sanctuary building is built to a height of 60 ft. The lot size is 1.3 acres. 2) The existing zoning on the property is "PI', Public Institutional Use District which permits churches, schools, and government facilities. The maximum height of buildings in this district is to be compatible with the height of surrounding districts. The current church sanctuary was constructed in 1962. The height approved at that time was 60 ft., thereby establishing the applicable height for the district at this location. 3) The property is surrounded by the following zoning districts and existing uses: ZONING North RU -SA (MiamiDade County) Semi - Professional Office/ Apts. East RO Residential Office RS -4 Single Family Residential South RS -4 Single Family Residential West GR General Retail RS -4 Single Family Residential APPLICABLE REGULATIONS EXISTING USES Professional offices Office building/ 3 stories Single family residences Single family residences Retail stores, one story Single family residences 1) The City's Land Development Code contains extensive regulations for siting of telecommunications tower and antennas. The proposal in this application is considered a stealth facility as defined in Section 20 -10.2 of the LDC: "Stealth Facility —Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include, but are not limited to, architecturally screened, roof - mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like poles, power poles or trees" 2) The proposed facility is subject to requirements and minimum standards spelled out in Section 20 -10.4 which requires the submission of the following: a) A property owner's letter consenting to the installation; b) An affidavit stating that within one -half mile of the site there are no other structures which can accommodate the facility(collocation); c) An affidavit stating that there will be no interference with other wireless communications in the vicinity; d) An affidavit stating that the facility is designed to meet the current wind load criteria as set forth in the South Florida Building Code; e) An affidavit that the facility is compatible with the design of the existing structure. 3) Section 20 -10.6 of the LDC provides that in certain zoning districts, a telecommunications facility may be approved by administratively by the City Manager after review by the ERPB. However, a stealth facility located a "PI" zoning district requires a special use approval process. Specifically, subparagraph I (a) states that "stealth rooftop or building mounted antennas, not exceeding 25 ft. above the roofline and 10 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: ... ... .... Public /Institutional ". The approval process requires the affirmative vote of four City Commissioners, after receipt of a recommendation from the Planning Board. 4) In addition to the above, all special uses must comply with the conditions specified in LDC Section 20 -10.7 Procedure for Special Use, LDC Section 20- 3.4(A) requiring compatibility with the surrounding uses, and LDC Section 20 -5.8 requiring that the proposed use not adversely affect the health or safety of persons in the vicinity nor will it be detrimental to the public welfare or property in the area (LDC Sections attached). STAFF OBSERVATIONS 1) The applicant has submitted the appropriate documentation concerning collocation, compliance with the Building Code wind load standards, and a statement concerning the integration of the facility into the design of the building. 2) The height of the antenna (in the form of a cross) being located at the roof line of the sanctuary will not distract from the architectural style of the building. 3) The use of a religious cross as part of the antenna facility is a good example of the application of the stealth principle. 4) The applicant has submitted plans indicating that new landscaping will be placed at the east end of the sanctuary building which will appropriately screen the area where the antenna enters the box chase. The location of the antenna equipment room has been camouflaged and screened by the extension of the white fencing at the southeast corner of the church sanctuary. 5) The proportion of the boxed chase and the connecting point of the chase at the roof should be studied further to make it more proportional to the elevation and to match the rooflines. The project will require review and approval by the Environmental Review and Preservation Board . 6) The proposed use is compatible architecturally with the building on which it is being located and will not adversely impact surrounding properties. PLANNING BOARD ACTION The subject application was presented to the Planning Board at its August 29, 2000 meeting. At that time the Board adopted a motion (7 -0) recommending approval of the application, with one condition. RECOMMENDATION It is recommended that the proposed special use to install a stealth communications facility at 6330 SW 40`x' St. be approved with the following condition: a) applicant restudy the proportion of the box chase and the connection at the roofline prior to the project's review before the Environmental Review and Preservation Board. Attachments: Proposed draft Resolution Application Letter of intent, 7 -27 -00 Affidavits Survey Site plan Illustration photos Copies of Public notices LDC Sections 20 -10.7, 20 -3.4; 20 -5.8 Planning Board Minutes, 8/29/00 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 6 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE 7 APPROVAL TO PLACE A STEALTH CELLULAR COMMUNICATIONS 8 FACILITY ON PROPERTY LOCATED AT 6330 S.W. 40Th ST.(BIRD RD.) 9 WITHIN THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT 10 11 12 WHEREAS BellSouth Mobility, on behalf of Hope Lutheran Church., 13 property owners of 6330 S.W. 40`x' St.. has submitted an application for a special use 14 to allow a stealth cellular communications facility to be placed on property located at 15 6330 S.W. 40`x' St., within the "PI" Public / Institutional Zoning District; and 16 17 WHEREAS, Section 20 -10.6 of the South Miami Land Development Code 18 provides that a stealth communications facility is permitted in a " PI" , Public / 19 Institutional Zoning District as an accessory use pursuant to a special use approval 20 process;and 21 22 WHEREAS, a stealth communications facility is subject to requirements and 23 minimum standards specified in Land Development Code Section 20 -10.4 in 24 addition to compliance with conditions set forth in Land Development Code Sections 25 20- 3.4(A) and 20 -5.8, applicable to all special use approvals; and 26 27 WHEREAS. The approval of a special use requires a recommendation from 28 the Planning Board and the approval of the City Commission after a public hearing; 29 and 30 31 WHEREAS, The Planning and Zoning Department staff recommended 32 approval of the proposed special use with a condition: and 33 34 WHEREAS, on August 29, 2000, the Planning Board voted 7 -0 to 35 recommend approval with a condition of the special use request; and, 36 37 WHEREAS, the Mayor and City Commission of the City of South Miami 38 desire to accept the recommendation of the Planning Board. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1: That a special use approval is hereby granted for placement of a stealth 44 communications facility on property located at 6330 S.W. 40'x' St. subject to the 45 following condition: a) that the applicant restudy the proportion of the box chase and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 the connection at the roofline prior to the project's review before the Environmental Review and Preservation Board.. Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: day of APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY , 2000. i� City of South Miami Planning & Zoning Department © City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 6330 �W SID N S f Lots) Block Subdivision PLEASE CHECK THE APPROPRIATE ITEM: PB Meets & Bounds: _ Text Amendment to LDC Applicant: 66iL660 Ma81G► %lUG Phone: (SG /) q15--3-5-90 (TO EDEN Cc�X Representative: ��$E2r0 �H5%d e 1�.9 Organization: W6fl6 j . PAsTo�2r i?9 ¢ GvE�ES Address: aGG 5 5 �3�1 vQ� Deiv�' Phone: �s s ^Ogoo Property Owner: f&oy Lv77�EA,�e/ C,6�1,<6y Signature: Mailing Address: 5 Phone: ArchitectlEngineer: Phone: P4 T4�K I•R�ENr _ Co ct to purchase _ C-� urrent survey (1 original sealed and AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative Contract to purchase _Option to purchase _ We nant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTE MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEA HECK ALL THAT APPLY: _ Text Amendment to LDC ce _ -fetter of intent _ Zoning Map Amendment =Var' pecial Use —Justifications for change _ PUD Approval _Special Exception St ent of hardship PUD Major Change _Other =_ roof of ownership or letter from owner —Power of attorney Briefly explain application and cite specific Code sections: _ Co ct to purchase _ C-� urrent survey (1 original sealed and APPLIGA/VT 1 rN572411- X 4/ taEy5 7�GE� y►% -si /1 reduced copy @ 11"x 17 ") copies of Site Plan and Floor Plans 1 %e,l ri I rVWW14AI'6�D Oro �E 60voelc OF A 071_16a 1 r ced copy @ 11" x 17" _ 2 roperty owner signatures C Section: 90 Subsection: Page #: Amended Date: _ Ma labels (3 sets) and map _ e d Fee(s) The undersigned ad his completed a lication and represents that the information an�d��l� submitted ma a ials are�rue and correct to t st a plicant's knowledge elief. p f}�j �,! od/NRNG� r%o�fl o� - .4fellmVI f plicant's Signature and title Date( . k11Np Z4f,61'6 6#6 Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. .Sf, 7-,0y5NrdC1*V_ArV4 OFFICE USE ONLY: Date Filed Petition Required Method of Pavment ;6/13/00 r Date of PB Hearing Date of Commission N/ilb 11?GAGT Petition Accepted WEISS SEROTA HELFMAN PASTOAIZA & GUEDES, P.A. ATTORNEYS AT LAW VIA HAND DELIVERY Mr. Subrata Basu Director of Planning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Special Use Permit Mobility, Inc. Dear Mr. Basu: 19ROWARD OFFICE 1132 SOUTHEAST SECOND AVENUE FORT LAUDERDALE, FLORIDA 33316 TELEPHONE (954) 763 -4242 TELECOPIER (954) 764 -7770 'OF COUNSEL application; Applicant BellSouth Our firm represents the Applicant BellSouth. Mobility Inc ("BellSouth").' BellSouth has an option to lease a portion of the Hope Lutheran Church property for the placement of a cellular communications facility (the "Facility "), located at 6330 SW 40th Street (the "Property "). The Property is legally described in the attached Exhibit "A ". The Property is zoned P/I and is designated Institutional in the City's Land Development Code, revised 1997. BellSouth is seeking a special use approval to permit the Facility to be located on the Property. The proposed Facility consists of antennas mounted within a 78 foot religious cross attached to the church and connected via cables to electronic and mechanical equipment located within an equipment shelter incorporated into the church structure. The Facility will be landscaped in accordance with the Code. The Facility has been designed as a religious cross. In fact, only the cross will be visible. The antennas are part of the cross structure, thereby minimizing the visual impact on the surrounding neighborhood. BellSouth needs to construct this Facility at this location in order to improve its cellular coverage and to meet the increasing demand for cellular services in this area. The Facility is unmanned and does not require water or sewer MIAMI -DADE OFFICE NINA L. BONISKE MITCHELL J. BURNSTEIN 2665 SOUTH BAYSHORE DRIVE JAMIE ALAN COLE ELAINE M. COHEN SUITE 420 EDWARD G. GUEDES DOUGLAS R. GONZALES STEPHEN J. HELFMAN JOHN R. HERIN,JR. MIAMI, FLORIDA 33133 GILBERTO PASTORIZA CHRISTOPHER F. KURTZ JOSEPH H. SCROTA PETER A. LICHTMAN TELEPHONE (305) 854 -0800 RICHARD JAY WEISS KAREN LIEBERMAN' DAVID M. WOLPIN BERNARD S. MANDLER' TELECOPIER (305) 854 -2323 STEVEN W. ZELKOWITZ MARIE E. MATO NANCY RUSIN' WWW.WSH- FLALAW.COM THOMAS J. ANSBRO' GAIL D. SCROTA' LILLIAN ARANGO DE LA HOZ' ARI C. SHAPIRO RICHARD A. ARONSKY JEFFREY P. SHEFFEL PATRICIA M. BALOYRA NANCY E. STROUD* ALISONS.BIELER SUSAN L.TREVARTHEN July 27, 2000 MITCHELL A. BIERMAN DANIEL A. WEISS' VIA HAND DELIVERY Mr. Subrata Basu Director of Planning City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Special Use Permit Mobility, Inc. Dear Mr. Basu: 19ROWARD OFFICE 1132 SOUTHEAST SECOND AVENUE FORT LAUDERDALE, FLORIDA 33316 TELEPHONE (954) 763 -4242 TELECOPIER (954) 764 -7770 'OF COUNSEL application; Applicant BellSouth Our firm represents the Applicant BellSouth. Mobility Inc ("BellSouth").' BellSouth has an option to lease a portion of the Hope Lutheran Church property for the placement of a cellular communications facility (the "Facility "), located at 6330 SW 40th Street (the "Property "). The Property is legally described in the attached Exhibit "A ". The Property is zoned P/I and is designated Institutional in the City's Land Development Code, revised 1997. BellSouth is seeking a special use approval to permit the Facility to be located on the Property. The proposed Facility consists of antennas mounted within a 78 foot religious cross attached to the church and connected via cables to electronic and mechanical equipment located within an equipment shelter incorporated into the church structure. The Facility will be landscaped in accordance with the Code. The Facility has been designed as a religious cross. In fact, only the cross will be visible. The antennas are part of the cross structure, thereby minimizing the visual impact on the surrounding neighborhood. BellSouth needs to construct this Facility at this location in order to improve its cellular coverage and to meet the increasing demand for cellular services in this area. The Facility is unmanned and does not require water or sewer Mr. Subrata Basu July 27, 2000 Page 2 services. Therefore, the Facility will have no adverse impact on the capacity of any public infrastructures. The Facility's cross stealth design also makes it compatible with the existing church on the Property. The Facility is intended to provide an essential link to the cellular telephone network provided by BellSouth throughout South Florida. The Facility, when operational, will provide an essential means of emergency communication in the event of a hurricane or other natural disaster. As evidenced by Hurricane Andrew and its aftermath, cellular phone service was the only reliable means of communication available in most areas throughout Dade County. We look forward to your favorable review and recommendations. Please do not hesitate to call me if you have any questions or require additional information. GP /tr Attach. S Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. 07/24/00 211014 12:15 FAX 305 85J 1323 WEISS SEROTA & HELF)IAL4 VQ002 July 24, 2000 City of South Miami Planning Board City Hall South Miami, FL 33143 Re: property owner's letter of consent to install telecommunication facility To whom it may concern: By this letter, the undersigned, as representative of Hope Lutheran Church (the "property owner"), located at 6330 SW 40`h Street,. South Miami FL, gives consent to BellSouth Mobility, Inc. (the "facility owner "), to construct and install a telecommunication facility on the aforementioned property. /��,a2Et~7 � �AGn1cY` Hope Lutheran Church (print) Property Owner Hope Lutheran Church (signature) BellSouth Mobility, Inc. (print) Facility Owner BellSouth Mobility, Inc. (signature) The foregoing instrument was acknowledged before me this 8 day of July, 2000, by who (check one) Is personally known to me or [ ] has produced a Florida drivers license as identification, Notary Public Print Name M Commission Expires: =NOTARYrOFFLORrDA r1'�iRYSEAL Y p ANGULO TE OF F LORIDA O. CC763230 EXP. AUG. 02002 K.eceivea uut -2b -00 12:dlpm trom 561 -► COLLINS CPRE page 3 JUL-26 -2000 WED It-'69 AM FAX 1y0, � P. 02 This instrument was prepared by: Tony Recio 2665 South Bayshore Drive, Suite 420 Mianu, FL 33133 .ern recording return to: Wi iss Scrota Heffrnan Pastoriza & Gucdes, P.A, 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 AFITDAVIT OF DILIGENT A'I MI PT TO COLLOCATE STATE OF FLORIDA ) SS-. COUNTY OF WATMI -DARE ) Before me, the undersigned authority, personally appeared is:A'THERINF. BLANEY, ( "Afliant ") Who, being duly sworn, deposes and says: 1. Afftant is employed as real estate consultant for BellSouth Mobility, inc. Affiant is responsible for site acquisition of the proposed cellular facility at South Miami Hope Lutheran Church located at 6330 SW 40 Street, South Miami, Florida. 2. That, after a diligent search of the area within a % mile radius of the proposed site, there are no towers or usable antemia support structures which can accommodate the proposed wireless facility, 3. That there are no existing towers or structures within the proposed facility's geographic search area as determined by a radio frequency engineer, see attached area map. 4. This Affidavit is made in accordance with § 20 -10.4 (C) 7 of illc Lm-id Development Codo, to induce the City of South Miami to issue a ecial use permit, in accordance with § 20 -5.8 of the Land Development Code, ' THERIN -E NEY Address: 20 Congress Avenue Boca Raton, Florida 33457 The foregoing instrument was acknowledged before me this 2L day of July, 2000, by �. ""A,,., f,,," Ha(!3 Q JUL -26 -2000 WED 1159 M V v FAX N0. P KATHERINE BLAiNEY, who (check one) [.,s personally known to me or [ ] leas produced a Florida drivers licenso as identification. Maria Forman MY COMMISSION #CC688401 EXPIRES October 15, 2001 90NCEDTswn0Y FAIN INSUMCE.ING My Commission Expires; ,., " N0��1��.1 Print Name FdF1X st Mill Rd 56th Rd =- n. D= iL alohmAm . . .: . r-7411 U. 12. ® BELLSOUTH Mobility BellSouth Mobility 561995-3000 5201 Congress Avenue Boca Raton, Florida 33437 July 21, 2000 City of South Miami Planning Board City Hall 6130 Sunset Drive South Miami, FL Re: Proposed BellSouth Mobility Site "FHGO" Hope Lutheran Church, 6330 Bird Road To Whom It May Concern: The construction and operation of the proposed facility, including all reception and transmission functions, will not interfere with public safety communication, or with the visual and customary transmission or reception of radio, television, or similar services, as well as other wireless services enjoyed by adjacent properties. Sincerely, r l �► � r Jamie Kimble Manager — RF Design State of Florida JK: jc MORRISON HERSHFIELD CORPORATION 3730 Chamblee Tucker Road, Atlanta, Georgia 30341 Tel. (770) 939 -2370 Fax. (770) 934 -9476 NN July 25, 2000 City of South Miami Planning & Zoning Department City Hall — 6130 Sunset Drive South Miami, Florida 33143 Re: BellSouth Mobility Proposed Cellular Site "FHGO" Hope Lutheran Church To Whom It May Concern: Any new elements added to the above referenced facility will be designed to meet current wind load criteria as set forth by the South Florida Building Code for the types of antennas and antenna structures specified and provided by carrier. Sincere y, P�LM- - Patrick Valent, RA MORISON HERSHFIELD CORP Florida — Market Manager r MORRISON HERSHFIELD CORPORATION 3730 Chamblee Tucker Road, Atlanta; Georgia 30341 Tel. (770) 939 -2370 Fax. (770) 934 -9476 im July 25, 2000 City of South Miami Planning & Zoning Department City Hall — 6130 Sunset Drive South Miami, Florida 33143 Re: BellSouth Mobility Proposed Cellular Site "FHGO" Zoning Submittal — Option "A" To Whom It May Concern: The above referenced proposed facility will be designed as a religious cross and will be incorporated as a design element wholly compatible with the existing church use of the property. Therefore there will be no additional impact to adjacent properties. Furthermore, the proposed facility is to be constructed in accordance with all applicable state and local building codes and safety standards. In accordance with 20- 10.4(9) of the City's Land Development Code. erely, Patrick Valent, RA MORISON HERSHFIELD CORP Florida — Market Manager 1, �3AV PO _M_S� ee -.fir e I .0 .,•..' a Z z U W r+ I'll-It s ; elc. .... 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A � •i• 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 Hearing during its regular City Commission meeting on Tuesday, September 19, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY. OF SOUTH MIAMI,. FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A SEALTH -CELLULAR COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 6330 S.W. 40TH STREET (BIRD ROAD) WITHIN THE "PI" PUBLIC/INSTITUTIONAL ZONING DISTRICT. Inquiries concerning this item should be directed to the Planning Department at: 663- 6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing. he or she will need a record of the proceedings, and that for such: purpose,­-affected-person may need to ensure that a verbatim record of the proceedings is . made which record - includes the testimonv and evidence upon which the appeal is to be based. WA TlEle WA y 37 H. ST._ 'Co Jr 1.7.7 50 Z t Sa o 0 !o �, V a s r-9 139 ,. 2 JI 'I 39TH. ST. $ >a s l it e2 o ISo SS 1 .5r S7:•J 39 T� 1 I � oljj o 5 I' SDI% 0 11 I I I:o':S =E rE,ee. s sa714 72 • i � `,,� p 1I ie/ y O o it �• c lss I IL. g 7 ° e �e Ct r i S�b • S'T,1 S: i 53 s+• t° o , - l{ T 9 t Y �°. 4 I S T. S T s w, ,. _ _ I . f• t(t en S! S• it,. �Y el s 7' . 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Stealth towers not exceeding 125 feet in height shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: H Hospital PUD Planned Unit Development d. Upon receipt of the appropriate application, the City Manager, at his or her sole discretion, will determine the application's consistency with the definition of a stealth facility. e. Residential Planned Unit Developments shall not be a permitted location for telecommunication facilities. 2. Non - Stealth Facilities. a. Non - Stealth antennas mounted to buildings or rooftops, not exceeding 15 feet above the roofline and 5 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use pursuant to special use approval in the following zoning districts: RM -24 Medium Density Multi- Family MO Medium - Intensity Office SR Specialty Retail MU- 4/MU- 5/TODD Transit- Oriented Development District PI Public/Institutional b. Any non - stealth building or rooftop antennas permitted pursuant to special use approval shall only be permitted on buildings in excess of 30 feet in height. C. Monopoles not exceeding 125 feet in height may be permitted in the following zoning districts pursuant to special use approval: PI Public/Institutional (Ord. No. 24 -98- 1672, § 2, 11- 17 -98) 20 40.7 Procedure for special use. Any of the permitted special uses in this Article may be approved and permitted by the City Commission at a public hearing, upon an affirmative vote of four of the Commissioners, after a recommendation by the Planning Board, provided that the use complies with the require- ments of this Article, Section 20- 3.4(A), entitled "General Requirements," Section 20 -5.8, entitled "Special use approvals," and any other requirements and conditions the City Commission may consider appropriate and necessary. Supp. No. 4 215 DEFINITIONS 20 -3.4 (10) Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area on the public rights -of -way shall not be anchored or restrained in any manner. Individual table umbrellas, planters, or other such non - stationary elements may be permitted within the outdoor seating /dining area. (11) Outdoor seating /dining use and area on public rights -of -way shall be restricted to the length of the sidewalk or public right -of -way immediately fronting the cafe or other establishment. The utilization of space extending on either side beyond the subject property frontage may be authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating /dining service would occur. (12) Outdoor seating /dining area shall be at the same elevation as the adjoining sidewalk or public right -of -way. (13) Carts and trays for serving food are permitted in the outdoor seating/dining area. (14) Outdoor seating /dining use and area shall not be provided with amplified sound of any kind. (Ord. No. 12 -90 -1452, 7- 24 -90; Ord. No. 11- 90- 1451,8- 21 -90; Ord. No. 2 -91- 1467,1- 15 -91; Ord. No. 3 -91 -1468, 1- 15 -91; Ord. No. 4 -91 -1469, 2 -5 -91; Ord. No. 7 -91 -9091, 3- 19 -91; Ord. No. 12 -91 -1477, 4- 16 -91; Ord. No. 15 -91 -1480, 5- 21 -91; Ord. No. 19 -91 -1484, 7- 23 -91; Ord. No. 26 -91 -1490, 11 -5 -91; Ord. No. 26- 91- 1491 -A, 11- 19 -91; Ord. No. 3 -92 -1498, 1 -7 -92; Ord. No. 7 -92 -1502, 5 -5 -92; Ord. No. 10 -92 -1505, 6 -2 -92; Ord. No. 13 -92 -1508, 8 -4 -92; Ord. No. 29 -92 -1524, 11 -3 -92; Ord. No. 1 -94 -1550, 2 -1 -94; Ord. No. 16 -94 -1566, § 1, 11 -1 -94; Ord. No. 10 -97 -1631, § 1, 4 -1 -97; Ord. No. 14 -98 -1662, § 2, 9 -1 -98) 20.3.4 Special use conditions. Any of the following special uses may be approved and permitted by the city commission at a public hearing, after a recommendation by the planning board, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20- 3.3E), and that such use complies with the following general and special requirements and any other conditions that the city commission may consider appropriate and necessary: (A) General Requirements. (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the city commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the city commission to determine the overall compatibility of the use with the surrounding neighborhood.. \ Supp. No. 4 1 39 PROCEDURES AND APPLICATIONS 20 -5.8 (E) Application Requirements. With the complete application, applicants shall also submit a letter of intent, a property survey by a registered surveyor and a document indicating the written sworn consent of the owners of at least seventy-five (75) percent of the subject property or persons with a contract to purchase conditioned on rezoning approval. Such consent may be given by duly authorized agents of owners and agency shall be evidenced by a proper written power of attorney. .(F) Neighborhood Concurrence. All applications for a rezoning shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed rezoning petition. (Ord. No. 11 -90 -1451, 8- 21 -90) 20 -5.8 Special use approvals. (A) Use Schedule Reference. A special use may be granted for any use indicated in the Permitted Use Schedule (Section 20 -3.4E) with an "S" designation in the appropriate district column. (B) Required Conditions. (1) Prior to approving a special use, the city commission shall find that such use meets the conditional requirements set forth in Section 20 -3.4 and that it: (a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and (c) Complies with all other applicable Code provisions. (2) Additional Conditions. The city commission may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will conform to the foregoing requirements. (C) Expiration of Special Use Approvals. An approved special use shall lapse after six (6) months if no building permit or certificate of occupancy has been issued for such use and if the city commission has not specified a longer approval period for good cause. (D) Extension of Special Use Approvals. Four (4) affirmative votes of the city commission may grant an extension for a previously approved special use if a proper and timely request is made by the applicant prior to the expiration of the approval period. (E) Special Use Reapplication.. No reapplication for a special use shall be accepted by the city within twelve (12) months of the date of final disapproval by the city commission of a previous application for a special use involving the same or substantially the same property, unless evidence is submitted to and accepted by the city commission which justifies such reconsideration. Supp. No. 5A 111 20 -5.9 PROCEDURES AND APPLICATIONS (F) Application Requirements. An application for a special use shall include: (1) A property survey by a registered surveyor; (2) A Ietter of intent; (3) A site plan for any nonresidential use showing the information required for site plan review approval in Section 20 -5.11; (4) Where the use includes a vehicular use area or landscaped buffer, a proposed landscape plan and information regarding permanent maintenance arrangements; (5) A neighborhood location map showing all surrounding land uses within five hundred (500) feet of the proposed site; (6) All information required for any other type of application which is being processed simultaneously or for any other type of application; and (7) Any other information necessary to demonstrate that the proposed special use will conform fully with the requirements of this Code. 20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after six (6) months if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks Supp. No. SA 112 v DRAFT CITY OF SOUTH MIAMI PLANNING BOARD / LOCAL PLANNING AGENCY Regular Meeting Action Summary Minutes Tuesday, August 29, 2000 City Commission Chambers 6:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: Mr. Morton, Chair, called the meeting to order. II. Roll Call Action: Mr. Morton performed roll call. Board members present constituting a quorum Mr. Morton, Mr. Comendeiro, Mr. Liddy, Ms. Chimelis, Mr. Illas, Mr. Mann, Ms. Gibson (arrived 7:05 p.m.) City staff present Earl Gallop (City Attorney); Charles Scurr (City Manager); Subrata Basu (ACM /Planning Director); Sandy Youkilis (Temporary Planning Staff); David Struder (Board Secretary) III. Public Workshop Review / Discussion on Duties, Role, and Legal Responsibilities of Planning Board Members: by Earl Gallop, City Attorney; Charles D. Scurr, City Manager Action: The public workshop was convened at 6:55 p.m. Mr. Gallop opened by outlining topics that would be covered in the workshop, including but not limited to the "almost" quasi-judicial nature of Planning Board meetings and Sunshine Law requirements. Mr. Gallop noted that it would be possible to discuss lobbyists and members' duties. Mr. Gallop explained that it is a member's duty to find through an almost quasi-judicial and evidentiary process that applications, such as those involving developments, are consistent with the Comprehensive Plan and comply with applicable provisions of the Land Development Code (LDC). Mr. Gallop noted that such a process involves (1) swearing in of those individuals who are going to be presenting evidence, statements and /or documents, and (2) presenting relevant facts, as they relate to applications, the Comprehensive Plan, and the LDC in a public format. Mr. Gallop emphasized that relevant facts and decisions containing findings of fact and conclusions of law are to be made in a public format. Mr. Gallop related his opinion that the Planning Board is not a quasi-judicial body, as it acts as an advisory board, making only recommendations and not issuing development orders. Mr. Gallop continued to relate that, as great weight is placed upon Planning Board's recommendations, the Board should apply, loosely, those procedures that are quasi-judicial in nature. Other discussion items included the new lobbyist ordinance, including those who must register as a lobbyist and those who do not have to register as lobbyist, such as a private citizen, a homeowners association, and a not - for - profit organization. Mr. Gallop noted that the Board is free to ask if a speaker is registered as a lobbyist. Mr. Gallop continued by noting that if it is determined an individual should be registered and is not, said individual may be prohibited from speaking before the Board. Mr. Scurr so noted that an updated list of those individuals registered as lobbyists should be provided to the Board at the beginning of each meeting. Discussion continued, including ex -parte communications and Sunshine Law. Mr. Gallop instructed the Board to avoid ex -parte communications, in order that all those individuals involved with applications have a "fair chance" to make an application, to challenge an application, and to make recommendations in the format of a public meeting on the "appointed" evening. Mr. Gallop explained that, overall, the Board should adopt a liberal construction of applicability of Sunshine Law and to refrain from discussing public business with those individuals of the same board or committee. Mr. Gallop emphasized that public business must be done in the "open," and that decisions are to be rendered as a result of information obtained in the context of public meetings, not as a result of private contacts. PB Mins 08 -29 -00 2 IV. Local Planning Agency (LPA): Public Hearing Item No.: LPA -00 -001 Applicant: JPI Apartment Development, L. P. Request: Consideration of an application to amend the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from the Mixed -Use Commercial Residential (Four -story height) category to the TODD, Transit Oriented Development District category (Flexible height up to 8 stories) on a 2.68 acre vacant site, said property being legally described as Lots 3 through 25, Block 15, LARKINS TOWNSITE SUBDIVISION. The site is generally bounded on the north by S.W. 69`x' St., on the east by S.W. 59`x' Pl., on the south by S.W. 70`x' St., and on the west by S.W. 61" Ave. The purpose of the application is to allow for the future construction of a six -story student residential apartment building. Action: The LPA public hearing was convened at 8:05 p.m. The Pledge of Allegiance was recited. Mr. Morton performed the swearing -in of all those who would be speaking. Ms. Chimelis excused herself due to a conflict of interest and departed the chambers. Mr. Illas read the request into the record. A member of the public presented a letter authored by Mr. David Tucker, Sr., of 6556 SW 78 Terrace, for the record. Mr. Joseph Goldstein, attorney, spoke as the representative. Mr. Goldstein requested that, due to a number of issues, the City defer the item. Mr. Gallop clarified that if the deferral is to a date specific and if there is no substantial change, the City will not have to re- advertise the item. Motion: Mr. Morton moved deferral of the item to September 26, 2000. Mr. Liddy seconded the motion. Vote: Approved 6 Opposed 0 Abstained 1 (Ms. Chimelis) V. Planning Board: Public Hearing Item No.: PB -00 -015 Applicant: BellSouth Mobility, Inc. PB Mins 08 -29 -00 Request: A Resolution of the Mayor and the City Commission of the City of South Miami relating to a request pursuant to Section 20 -10.6 of the Land Development Code for special use approval to locate a stealth cellular communications facility on property located at 6330 SW 40 Street (Bird Road) within the "PI" Public / Institutional Zoning District Action: The regular Planning Board public hearing was convened at 8:15 p.m. Mr. Gallop departed the meeting, and Ms. Chimelis rejoined the proceedings. Ms. Gibson read the request into the record, and staff presented the item. Mr. Gilberto Pastoriza and Mr. Clifton Tulloch signed in to speak as representatives. Mr. Pastoriza made a presentation, noting that the facility will be designed to be compatible with the current use of the property. Mr. Mike Lucas, attorney, asked what interference, if any, the new facility would pose for current transmissions. Mr. Pastoriza responded that the new facility would cause no interference with any current transmissions. The Board, representatives, and staff discussed the application, particularly with respect to current transmissions, such as disruptions of those communications if any; operations within specified parameters /bands; assurance from independent authorities that interference and /or disruption would not occur; and co- location if and when possible. Motion: Mr. Comendiero moved approval of the item, inclusive of staff's condition. Mr. Illas seconded the motion. Vote: Approved 7 Opposed 0 VI. Approval of Minutes Action: The Board duly voted on and approved the minutes of August 8, 2000, as submitted. Vote: Approved 7 Opposed 0 VII. Remarks/ Discussion Action: Remarks /discussion items included outdoor seating & dining concerns and the Zoning Task Force. VIII. Next Meeting Items (September 12) Action: Staff announced that no items had been submitted for the next Planning Board meeting date, September 12, 2000. PB Mins 08 -29 -00 4 IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 8:55 p.m. PB Mins 08 -29 -00 5 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 Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIANII PUBLIC HEARING- 9/19/00 RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6, ETC. in the .. ... .....XXXXX ..................... Court, wag published in yd8e0wspaper in the issues of e P . UU 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 mall 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 has neither paid nor promised any person, fjrffi ' or corpor i ny discount, rebate, com- mission or fund to urpos of securing this advertise- ment for ub(iC>?t he said ewspaver. 8 \ , S� Q(n to and subscribed before me this /�1 , 1 E e 1, e r/ 1 2000 day of ..... ....f.... ..... .. A.D........ ( SEAL) ;':airy'•. MARIA I. MESA Octelma V. F �eyi�oLfjl'_! "''C 885640 ra: EXPIRES: March 4, 2004 '' °P r Undir, nlers .,o.,,. Bonded ThruNoUr PuShc T7 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 Public Hearing during its regular City Commission meeting on Tuesday, September 19, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consid- er: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20.10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A SEALTH CELLULAR COMMUNICATIONS FACILI- TY ON PROPERTY LOCATED AT 6330 S.W. 40TH STREET (BIRD ROAD) WITHIN THE -PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT. Inquiries concerning this item should be directed to the Planning De- partment at: 663.6326 ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 9/8 00- 3.92/88492M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: August 10, 2000 Charles D. Scurr, City Manager Ronetta Taylor, City Clerk Jeanette Ennzo Navarro, l luman Resources Manager From: Earl G. Gallop G� Re: Ordinance Prohibiting Full -Time City Employment for Two Years By Board and Committee Members Subject: The proposed ordinance prohibits full -time city employment for two years by board and committee members. The ordinance is sponsored by Commissioners Bethel and Wiscombe and Vice -Mayor Feliu. Discussion: The sponsors of the ordinance are concerned that some persons volunteer for board or committee appointments to gain an inside track on employment by the city. The ordinance would eliminate seeking appointments for personal gain, and make appointments available only to those who seek to serve the public. As drafted, the ordinance would prohibit board and committee members from seeking full -tune employment. Board and committee members would still be eligible to enter into service contracts with the city, such as for construction contract administration. Current board and committee members are allowed 30 days to decide whether to continue with their appointments. Recommendation: Consider advice of the administration. :1�9 lN3S /Z #tUC90990E F'� 'd `3J�1 zz:Sl : 0 -01 -9 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 9/15100 AGENDA ITEM # T' FROM: Charles D. Scurr Comm. Mtg. 9/19/00 City Manager > Economic Impact Statement THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATION; REQUIRING PROPOSED LEGISLATION TO BE ACCOMPANIED BY AN ECONOMIC IMPACT STATEMENT; PROVIDING AN EFFECTIVE DATE BACKGROUND The attached resolution sponsored Commissioner Russell requires proposed legislation to be accompanied by an economic impact statement. This resolution was deferred from the September 5' City Commission meeting. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 LEGISLATION; REQUIRING PROPOSED LEGISLATION BE 7 ACCOMPANIED BY AN ECONOMIC IMPACT STATEMENT; 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami 12 are sometimes presented with proposed legislation which may have a significant 13 economic impact on the city's budget or on residents and business in the City; and, 14 15 WHEREAS, the economic impact of proposed legislation is not known or 16 sufficient information is not made available to enable the city commission to 17 realistically evaluate the impact of the legislation; and, 18 19 WHEREAS, the Mayor and City Commission desire to have made 20 available to it as part of the agenda documents an economic impact statement on 21 proposed legislation that commission members may evaluate before the legislation 22 is presented at the public meeting on the item. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 26 27 Section 1. The City Manager shall determine whether every item of 28 proposed legislation may have an economic impact on the budget of the city or on 29 residents and businesses in the City. The agenda documents for every proposed 30 ordinance and resolution shall contain an economic impact statement. The 31 economic impact statement shall consist of a statement of estimated costs, 32 including: 33 34 (a) A good faith estimate of the number of individuals and entities likely 35 to be affected by the legislation; 36 (b) A good faith estimate of the cost to the City of implementing and 37 enforcing the proposed legislation, and any anticipated effect on City 38 revenues; and, 39 (c) A good faith estimate of the transactional costs likely to be incurred 40 by individuals and entities required to comply with the legislation. 41 "Transactional costs" are direct costs that are readily ascertainable 42 based upon standard business practices, including, but not limited to, Additions shown by underlining and deletions shown by everstriking. 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 filing and permit fees, the cost of achieving compliance and additional operating costs. Any proposed legislation that is not accompanied by an economic impact statement shall be deferred until the next meeting and then only acted on if the statement is prepared and delivered to the Mayor and City Commissioners at least 72 hours before the public meeting on the item. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 72000. Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 PERSONNEL; AMENDING CHAPTER 16A, OF THE CITY OF 6 SOUTH MIAMI CODE, ENTITLED "PERSONNEL SYSTEM," IS 7 AMENDED TO CREATE A NEW SECTION 16A -40, ENTITLED 8 "EMPLOYMENT OF APPOINTEES TO BOARDS AND 9 COMMITTEES PROHIBITED "; PROVIDING FOR 10 SEVERABILITY, ORDINANCES IN CONFLICT AND AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami 15 recognize the valuable contributions to good government that are made by 16 appointees to board and committees; and, 17 18 WHEREAS, the Mayor and City Commission also recognize that the full - 19 time employment of appointees by the city administration might create a 20 perception that appointees volunteer for board and committee positions as a means 21 to garner favoritism and special consideration for employment; and, 22 23 WHEREAS, the Mayor and City Commission desire to avoid any 24 appearance of favoritism or other impropriety in the hiring of city employees by 25 clearly prohibiting appointees from being hired by the city for two years following 26 service on a board or committee. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. Section 16A =39 of the City of South Miami Code is created to 32 read: 33 34 No commission member, autonomous personnel, quasi-judicial 35 personnel or advisory personnel, as those terms are defined by 36 section 8A -I(b) of the City of South Miami Code of Ordinances, 37 shall for a period of two years after his or her City service has 38 ceased, be employed by the City as a probationary or full -time 39 employee. 40 41 Section 2. This ordinance shall be applicable to current board and 42 committee members. Within 14 days following the adoption of this ordinance, the Additions shown by underlining and dcictions shown by everstriking. 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 City Clerk shall notify each board and committee member in writing of the prohibition on employment of this ordinance. The board and committee members shall be advised that following 30 days from the date of adoption they shall not be eligible for employment by the city for a period of two years following termination of their service. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. . This ordinance shall take effect 30 days from adoption. PASSED AND ADOPTED this day of September, 2000. ATTEST: APPROVED: CITY CLERK I" Reading — 2nd Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \\Dell 6100\Doeuments \City of South Miami \0022- 001\6256.doc Page 2 of 2