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03-02-99MAYOR: Julio Robaina CITY MANAGER: Charles D, Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: March 2, 1999 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: March 16, 1999 Phone: (305) 663 -6340 Time: 7:30 PM 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 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. City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentation(s): 1. Certificates of Appreciation 2. Presentation of Checks ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - February 2, 1999 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - March 2, 1999 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $2,850.00 TO DELL COMPUTER CORPORATION FOR THE PURCHASE OF ONE NOTEBOOK COMPUTER, AND CHARGE THE FUNDS TO ACCOUNT NUMBER 615- 1910 - 521 -6430, FEDERAL FORFEITURE FUNDS. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A PAY SCALE FOR A POLICE DEPARTMENT COMPUTER -CRIME ANALYSIS; AUTHORIZING THE CITY MANAGER TO INCLUDE THE CLASSIFICATION "COMPUTER -CRIME ANALYSIS" AND THE PAY SCALE ADOPTED HEREIN TO THE 1998 -99 BUDGET UNDER "NON - COLLECTIVE BARGAINING EMPLOYEE, REGULAR EMPLOYEE" AND AUTHORIZING THE CITY MANAGER TO ASSIGN A SALARY CODE TO THE POSITION OF COMPUTER -CRIME ANALYSIS. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING RESCHEDULING THE APRIL 6, 1999 CITY COMMISSION MEETING TO MARCH 30, 1999; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT PARKING COMMITTEE; APPOINTING ENRIQUE NORIEGA AND SHARON MCCAIN TO SERVE FOR A TWO YEAR TERM ENDING MARCH 2, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND 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 PAWNBROKERS; REQUESTING THE STATE LEGISLATURE TO ENACT NEW LAWS REGULATING PAWNBROKERS 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 THE CITY MANAGER TO ENTER INTO A CONTRACT WITH W. W. GRAINGER, FOR PLACEMENT OF HAND DRYERS- PUSH BUTTON STYLE, FOR REGULAR CITY COMMISSION 2 AGENDA - March 2, 1999 PALMER AND DANTE FASCELL PARKS; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2000 - 572.4620, "MAINTENANCE & REPAIR - OPERATING EQUIPMENT" (Commissioner Bethel) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $3,000.00 TO GALL'S INC. FOR THE PURCHASE OF NIGHT VISION AND AUDIO EQUIPMENT FOR THE NARCOTICS UNIT AND CHARGE THE FUNDS TO ACCOUNT NUMBER 615 -1910- 521.6430, FEDERAL FORFEITURE FUNDS. (Commissioner Bethel) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $18,000.00 TO WESTINGHOUSE AUDIO INTELLIGENCE DEVICES, INC FOR THE PURCHASE OF NIGHT VISION AND AUDIO SURVEILLANCE EQUIPMENT FOR THE NARCOTICS UNIT AND CHARGE THE FUNDS TO ACCOUNT NUMBER 615 - 1910 - 521.6430, FEDERAL FORFEITURE FUNDS. (Commissioner Bethel) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $8,772.00 TO AMERIKLEAN INC. FOR CLEANING THE AIR CONDITIONING DUCTS AT CITY HALL, THE POLICE STATION AND PUBLIC WORKS OFFICES AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 1710 -519 4670, "BUILDING MAINTENANCE DIVISION - MAINTENANCE AND REPAIRS OF GROUNDS AND STRUCTURES. (Commissioner Russell) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,828.60 TO R.B. GROVE INC. FOR THE REPAIR AND REHABILITATION OF THE EMERGENCY ELECTRIC GENERATOR FOR CITY HALL AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 110- 1310 - 513 - 4620, "HURRICANE FUND- MAINTENANCE AND REPAIRS, OPERATING EQUIPMENT" 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MEMBERSHIP; AUTHORIZING DISBURSEMENT OF $1,088.00 TO THE NATIONAL LEAGUE OF CITIES FOR DIRECT ANNUAL MEMBER CITY DUES; REGULAR CITY COMMISSION 3 AGENDA - March 2, 1999 ALLOCATION FOR THIS EXPENDITURE IS FROM ACCOUNT NO. 01- 1100- 511 -5410 "MEMBERSHIP & Subscription "; PROVIDING AN EFFECTIVE DATE. (Vice Mayor Oliveros) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO THE PURCHASE OF TEN (10) PRO COPPER EQUIPMENT CONSOLES FROM LAW ENFORCEMENT SUPPLY COMPANY IN THE AMOUNT OF $2,520 FROM ACCOUNT #1910- 521 -6430 (EQUIPMENT OPERATING) PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE NO. 18 98 -1666 WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD BY AMENDING THE PROVISIONS REGARDING MEMBERSHIP; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. 3/5 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS OF WAY; AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, ENTITLED "LICENSES" BY ENACTING ARTICLE X, ENTITLED "TELECOMMUNICATIONS SYSTEMS;" AUTHORIZING NON- EXCLUSIVE LICENSE AGREEMENTS FOR USE OF PUBLIC RIGHTS -OF -WAY AND STREETS FOR PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES AND EQUIPMENT FOR PROVISION OF TELECOMMUNICATIONS SERVICES AND LOCAL EXCHANGE TELEPHONE SERVICES, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS, AMENDING CHAPTER 8A OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, ENTITLED "CODE OF ETHICS "; PROVIDING STANDARDS, PROCEDURES ON COMPLAINT OF VIOLATION AND PENALTIES; REPEALING SECTIONS 8A -1, "DECLARATION OF POLICY,- 8A -2, "DEFINITIONS," 8A -4, "CONFLICT OF INTEREST "; RENUMBERING 8A -4.1, "INFLUENCE OF BOARD MEMBERS BY MAYOR AND COMMISSIONERS, APPEARANCE BEFORE BOARDS," PROVIDING FOR REPEAL, SEVERABILITY, AND AN EFFECTIVE DATE. REGULAR CITY COMMISSION 4 AGENDA - March 2, 1999 3/5 RESOLUTION (S) HEARING There are none RESOLUTION (S) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REDEVELOPMENT, AUTHORIZING THE COMMENCEMENT OF NEGOTIATIONS WITH THE COMRAS COMPANY AND SIMON PROPERTY GROUP REGARDING A PROPOSAL IN RESPONSE TO RFP &Q 98-10 - 01 FOR REDEVELOPMENT OF CITY PROPERTY LOCATED AT 58TH AVENUE AND 71" STREET 3/5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RETAINING M.C. HARRY ASSOCIATES, INC. FOR THE PURPOSE OF STUDYING AND DEVELOPING A PRELIMINARY DESIGN FOR A PEDESTRIAN OVERPASS CONNECTING METRO RAIL WITH THE DOWNTOWN; AUTHORIZING THE CITY MANAGER TO DISBURSE A FIXED LUMP SUM OF $23,500 IN PROFESSIONAL FEES FROM ACCOUNT NUMBER 001 - 0000 - 245.1000, ENTITLED "RESERVE FOR PRIOR YEAR ENCUMBRANCE;" AND PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Feliu) 3/5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAPITAL IMPROVEMENTS; ACCEPTING THE PROPOSED FRAMEWORK FOR LEASE AGREEMENT BETWEEN THE CITY AND SPG PHASE ONE, LTD; DIRECTING THE CITY ATTORNEY TO PREPARE A LEASE WITHIN THE ACCEPTED FRAMEWORK; PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) FIRST READING 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, AMENDING SECTION 20 -7.7 (B) , ENTITLED "BUILDINGS AND THEIR PLACEMENT - MAIN STREETS, SUNSET & RED ROAD," SECTION 20 -7.7 (C) , ENTITLED REQUIRED ELEMENTS - MAIN STREETS, SUNSET & RED ROAD," AND SECTION 20- 7.11(B), ENTITLED "BUILDINGS AND THEIR PLACEMENT - GENERAL PROVISIONS, APPLY TO ALL ;" PROVIDING FOR ARCADE AND AWNING STANDARDS; PROVIDING REGULAR CITY COMMISSION 5 AGENDA - March 2, 1999 FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, AMENDING SECTION 20-7.6 (A) , ENTITLED "HOMETOWN DISTRICT PARKING COMMITTEE;" PROVIDING FOR ADDITIONAL MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (Mayor Robaina) 3/5 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR '_A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO ASSESS THE IMPACT OF THE SHOPS AT SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY, EVALUATE THE APPROPRIATENESS OF SUCH PROVISIONS AND PREPARE NECESSARY AMENDMENTS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE' AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Commissioner Feliu) 3/5 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO THE PARKING REGULATIONS OF THE LAND DEVELOPMENT CODE, AMENDING SECTIONS 20- 3.3(D), ENTITLED "PERMITTED USE SCHEDULE," 20 -4.3, ENTITLED "SIGN REGULATIONS" AND SECTION 20 -4.4 ENTITLED "OFF - STREET PARKING REQUIREMENTS "; PROVIDING FOR STANDARDS AND PROCEDURES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 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 REGULAR CITY COMMISSION 6 AGENDA - March 2, 1999 TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION" . PUBLIC REMARKS COMMISSION REMARKS a 2� "I'li All WINK IN Mayor and Cit�l Commission Date: February 24, 1999 The Police Department is requesting to purchase this computer from bell Computer Corporation for a sum not to exceed $2,850.00 pursuant to the 1998-1999 budget, from Account 615-1910-521-4630 (Federal Forfeiture Funds). The purchase is under Florida State contract number 25004991. There will be $ 65,179.48 left in this account. "MIS 02/01/99 15:43:29 DELLrAx ?-2-> 305 ?f:'1CI G33? DELL COWITEE 1AAF Fdge k1 l Im, DATE: February 1 1999 TO: DAN SOLERNO COMPANY:CITY OF SOUTH MIAMI POLICE DPT PHONE #:(305) 663-6301 EXT FAX #: (305) 663-6337 FROM: KATHERINE GROCE COMPANY:DELL MARKETING L.P. PHONE #:(800) 981-3355 EXT 40916 FAX #: (800) 433-9527 URL: WWW .DELL .COM/STATESTORE THANKS! YAT X40916 DELL MARKETING L.P. (800) 981-3355 EXT 40916 ONE DELL WAY, ROUND ROCK, TX 78682 (800) 433-9527 SALES REP FAX 02/01/99 I5 :43:59 DELLFAX 7--2--> 305 663 6337 DELL COMPUTER CORP Page 002 DAN SOLERNO CITY OF SOUTH MIAMI POLICE DPT 6301 S W 72ND ST SOUTH MIAMI, FL 33143 February 1 1999 SKU # QTY DESCRIPTION UNIT PRICE EXTENDED PRICE 220-0900 1 Inspiron A333GT,Pentium 11, 2,487.00 2,487.00 SALES REP FAX REV-C 14.111 AGP Active Matrix Display,Floppy Drive Included 310-0219 1 Nylon Carrying Case, 49.00 49.00 Universal, Non-US for Dell Inspiron Notebooks, Packaged with System 310-1221 1 Dell Inspiron 7000 Setup Video Packaged with System,Factory Install 311-0586 1 64MB SDRAM, I DIMM, Memory for 100.00 100.00 Inspiron 7000, Factory Install 313-0195 1 56K Internal Modem, for 59.00 59.00 Inspiron 7000, Factory Install 315-0300 1 24X Internal CD-ROM + Floppy Drive, for Inspiron 7000, Factory Install 320-0060 1 ATI 4MB Video Card for Inspiron 7000, Factory Install 340-0847 1 4GB Hard Drive, 12.5MM for Inspiron 7000, Factory Install 412-0086 j 1 ConnectDirect 2.0,CD, US English, Factory Install For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order, KATHERINE GROCE Prices and tax rates are subject to change. Quote #: 24466163 Business and Persona; Leasing provided by Cal Financial Services, an independent entity. Customer 1615 93 8 Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 40916 (800) 433-9527 SALES REP FAX REV-C 8Z✓01✓99 15 44:54 DELLFAX 7-2-> 305 663 6337 DELL COMPUTER CORP Page 003 -QUOTATION DAN SOLERNO CITY OF SOUTH MIAMI POLICE DPT 6301 S W 72ND ST SOUTH MIAMI, FL 33143 February 1 1999 SKU # !QTY DESCRIPTION UNIT EXTENDED 412-68 (800) 981-3355 PRICE PRICE 9C 9cl I America Online,CD and Documentation,US English, Not Factory Installed 420-0162 1 Windows 981 CD for Inspiron 7000, Factory Install 430-0901 1 3COM 10/100,Cardbus LAN Card, 128.00 128.00 FOR Dell Inspiron Notebooks, Factory Install 900-5330 1 Portable Rapid Response, .00 .00 Initial Year., PCSS 900-5332 1 1 Portable Rapid Response, .00 .00 i 2 Year Extended, PCSS 412-0072 1 MS Office Small Business Edition 97.2, CD & No Printed Manual, US English, Factory Install 412-0524 1 MS Office 2000 Small Business Upgrade Flyer,US,English This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. For your convenience, we have listed your sales representative, Sales Representative: your quote number and your custorner number which will provide you with faster service when you are ready to place your order. K;VTHERINE GROCE Prices and tax e. rates are subject to change Quote #: 24466163 Business and Personal Leasing provided by Dell Financial Services, an independent entity, Customer #: 1615 93 8 Leasing Documentation Fee $56 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 40916 (800) 433-9527 SALES REP FAX REV.0 02/01/99 15:45:49 DELLFAX 7-2-> 305 663 6337 DELL COMPUTER CORP Page 004 QUOTATION DAN SOLERNO CITY OF SOUTH MIAMI POLICE DPT 6301 S W 72ND ST SOUTH MIAMI, FL 33143 February 1 1999 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. KATHERINE GROCE Prices and tax rates are subject tc change. Quote #: 24466163 Business and Personal Leasing provided by Del I Financial Services, an independent entity. Customer #: 1615938 Leasing Documentation Fee $55 DELL MARFETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 40916 (800) 433-9527 SALES REP FAX 1WV-C TO: Mayor and Cltv Commission FROM: Charles Scurr City Tana r I= Step 6: $22.71 Section 2. The City Manager is authorized to include the pay scale in Section I In the City's permanent budget under "Non Collective Bargaining Employee, Regular Employee" and to assign a salary code at pay grade 34 for the position of Computer-Crime ,Analysis. Section 3. That this resolution be effective inu-nediately after the adoption hereof. PASSED AND ADOPTED this day of 1999. CITY ATTORNEY -,r i 3 J G� ' CITY OF SOUTH MIAMI - 1998/99 ADOPTED BUDGET :. G JHJ J K I L I M I N 1 O P Q 1 2 NON- COLLECTIVE BARGAINING EMPLOYEES 3 COMMUNITY DEVELOPMENT AND PLANNING SERVICES 4 EFFECTIVE OCTOBER 1, 1998 5 AMENDED JANUARY 5, 1999 WITH 4.5% INCREASE 6 7 - 8 CODE CLASS TITLE PAY SALARY 9 RANGE RANGE 1 2 3 4 5 6 10 - - 11 12 320 BUILDING OFFICIAL 35 -6 A $38,855 $40,798 $42,838 $44,980 $47,229 $49,590 13 BW $1,494 $1,569 $1,648 $1,730 $1,816 $1,907 14 H $18.680 $19.614 $20.595 $21.625 $22.706 $23.842 15 16 328 CODE ENFORCMT OFFICE 35 -6 A $38,855 $40,798 $42,838 $44,980 $47,229 $49,590 17 MANAGER BW $1,494 $1,569 $1,648 $1,730 $1,816 $1,907 18 H $18.680 $19.614 $20.595 $21.625 $22.706 $23.842 19 20 329 PRINCIPAL PLANNER 34 -6 A $37,005 $38,855 $40,798 $42,838 $44,980 $47,229 21 BW $1,423 $1,494 $1,569 $1,648 $1,730 $1,816 22 H $17.791 $18.680 $19.614 $20.595 $21.625 $22.706 23 24 330 CHIEF CODE ENFORCE OFFI 31 -6 A $31,966 $33,565 $35,243 $37,005 $38,855 $40,798 25 BW $1,229 $1,291 $1,355 $1,423 $1,494 $1,569 26 H $15.368 $16.137 $16.944 $17.791 $18.680 $19.614 27 28 641 PLANNER 30 -6 A $30,444 $31,966 $33,565 $35,243 $37,005 $38,855 29 BW $1,171 $1,229 $1,291 $1,355 $1,423 $1,494 30 H $14.637 $15.368 $16.137 $16.944 $17.791 $18.680 31 32 315 CODE ENFORCE. OFFICER 28 -6 A $27,614 $28,994 $30,444 $31,966 $33,565 $35,243 33 BW $1,062 $1,115 $1,171 $1,229 $1,291 $1,355 34 H $13.276 $13.940 $14.637 $15.368 $16.137 $16.944 35 36 360 PLANS PROCESSOR 26 -6 A $25,047 $26,299. $27,614. $28,994 $30,444 $31,966 37 BW $963 $1,011 $1,062 $1,115 $1,171 $1,229 38 H $12.042 $12.644 $13.276 $13.940 $14.637 $15.368 39 40 350 PLANNING TECHNICIAN 25 -6 A $23,854 $25,047 $26,299 $27,614 $28,994 $30,444 41 BW -$917$963 $1,011 $1,062 $1,115 $1,171 42 H $11.468 $12.042 $12.644 $13.276 $13.940 $14.637 43 44 275 PERMIT CLERK 23 -6 A $21,636 $22,718 $23,854 $25,047 $26,299 $27,614 45 BW $832 $874 $917 $963 $1,011 $1,062 46 H $10.402 $10.922 $11.468 $12.042 112.644 $13.276 47 48 5 RECORDS CLERK 17 -6 A $16,145 $16,952 $17,800 $18,690 $19,625 $20,606 49 BW $621 $652 $685 $719 $755 $793 50 H $7.762 $8.150 $8.558 $8.986 $9.435 $9.907 :. CITY OF SOUTH MIAMI - 1998/99 ADOPTED BUDGET - G JHJ J K L I M N 1 0 P 0 1 2 NON- COLLECTIVE BARGAINING EMPLOYEES 3 CLERICAL, ADMINISTRATIVE, AND SUPPORT SERVICES 4 EFFECTIVE OCTOBER 1, 1998 5 AMENDED JANUARY 5, 1999 WITH A 4.5% INCREASE 6 7 CODE CLASS TITLE PAY SALARY 8 RANG RANGE 1 2 3 4 5 6 9 - 10 11 640 IS /GIS COORDINATOR 37-6 A $42,838 $44,980 $47,229 $49,590 $52,070 $54,673 12 BW $1,648 $1,730 $1,816 $1,907 $2,003 $2,103 13 H $20.595 $21.625 $22.706 $23.842 $25.034 $26.285 14 15 466 ASST PUBLIC WORKS DIRECTR 37-6 A $42,838 $44,980 $47,229 $49,590 $52,070 $54,673 16 BW $1,648 $1,730 $1,816 $1,907 $2,003 $2,103 17 H $20.595 $21.625 $22.706 $23.842 $25.034 $26.285 18 19 160 ENGINEERING TECH/INSPECT 34.6 A $37,005 $38,855 $40,798 $42.838 $44,980 $47,229 201 BW $1,423 $1,494 $1,569 $1,648 $1,730 $1,816 21 H $17.791 $18.680 $19.614 $20.595 $21.625 $22.706 22 23 140 ADMINISTRATIVE OFFICER 30-6 A $30,444 $31,966 $33,565 $35,243 $37,005 $38,855 24 BW $1,171 $1,229 $1,291 $1,355 $1,423 $1,494 25 H $14.637 $15.368 = $16.137 $16.944 $17.791 $18.680 26 27 60 CENTRAL SERVICES SPECIALI 28.6 A $27,614 $28,994 $30,444 $31,966 $33,565 $35.243 28 BW $1,062 $1,115 $1,171 $1.229 $1,291 $1,355 291 H $13.276 $13.940 $14.637 $15.368 $16.137 $16.944 30 31 35 EXEC SECRETARY TO MANAG 27-6 A $26,299 $27,614 $28,994 $30,444 $31,966 $33,565 32 BW $1,011 $1,062 $1,115 $1,171 $1,229 $1,291 33 H $12.644 $13.276 $13.940 $14.637 $15.368 ` $16.137 34 35 560 COMMUNICATNS OFFCR SUPV 27-6 A $26,299 $27,614 $28,994 $30.444 $31,966. $33,565 36 BW $1,011 $1,062 $1,115 $1,171 $1,229 $1,291 37 H - $12.644 $13.276 $13.940 $14.637 $15.368 $16.137 38 39 565 COMMUNICATIONS OFFICER 25-6 A" $23,854 $25,047 $26,299 $27,614 $28,994 $30.444 40 BW $917 $963 ' $1,011 $1,062 $1,115 $1,171 41 H $11.468 $12.042 $12.644 $13.276 $13.940 $14.637 42 43 30 ADMINISTRATIVE SECRETARY 24-6 A $22,718 $23,854 ;,$25,047 $26.299 $27,614 $28,994 44 8W $874 $917 $963 $1,011 $1,062 $1,115 45 H $10.922 $11.468 ' $12.042 $12.644 $13.276 $13.940 46 47 20 SECRETARY 20.6 A $18,690 $19,625 $20.606 $21.636 $22,718 $23,854 48 BW $719 $755 $793 $832 $874 $917 49 H $8.986 $9.435 ` '' $9.907 $10.402 $10.922 $11.468 50 51 17 CENTRAL SERVICES CLERK 20.6 A $18,690 $19,625 $20,606 $21.636 $22,718 $23;854 52 BW $719 $755 $793 $832 $874 $917 53 H $8.986 $9.435 $9.907 $10.402 $10.922 ` $11.468' 54 55 16 COMMUNITY SERVICE AIDE 20 6 A $18,690 $19,625 $20,606 $21.636 $22,718 $23.854 56 BW $719 $755 $793 $832 $874 $917 57 H $8.986 $9.435 $9.907 ' $10.402 $10.922 $11.468 58 59 10 CLERK TYPIST II 19-6 A $17,800 $18,690 $19,625 $20,606 $21,636: $22,718 60 BW $685 $719 1 $755 $793 $832 $874 61 H $6.558 $8.986 $9.435 $9.907 $10.402 $10.922 62 63 15 SWITCHBOARD OPERATOR 18.6 A $16,952 $17,800 $18;690 $19,625 $20,606 $21.636 64 BW -$652$685 $719 $755 $793 $832 65 H $8.150 $8.558 44 <$8.986 $9.435 $9.907 $10.402' 66 67 CLERK 13 -1 A $12,650 68 BW $487 691 H $6.082 - CITY OF SOUTH MIAMI - 1998/99 ADOPTED BUDGET 85 C I D I E I F 3 PAY CLASSIFICATIONS & BASE RATES _L NON COLLECTIVE BARGAINING EMPLOYEES 5 REGULAR EMPLOYEES 6 7 ANNUAL BI- WEEKLY HOURLY 8 SALARY RATE RATE 9 10 $11,474 $441 5.516 1 $12,048 $463 5.792 12 $12,650 $487 6.082 13 $13,283 $511 6.386 14 $13,947 $536 6.705 15 $14,644 5563 7.040 16 $15,376 $591 7.392 17 $16,145 $621 7.762 18 $16,952 $652 79 .150 19 $17.800 3685 8.558 20 $18,690 $719 8.986 21 $19,625 $755 9.435 22 $20,606 $793 9.907 23 $21,636 $832 10.402 .L4. $874 10.922 25 $23,854 $917 11.468 26 $25,047 $963 12.042 27 $26,299 $1,011 12.644 28 $27,614 $1,062 13.276 29 $28,994 $1,115 13.940 30 $30,444 $1,171 14.637 31 $31,966 $1,229 15.368 32 $33,565 $1,291 16.137 33 $35,243 $1,355 16.944 34 $37,005 $1,423 17.791 35 $38,855 ---+ $1,494 18.680 36 $40,798,._ -. $1,569 19.614 37 $42,838 $1,648 20.595 38 $441980 $1,730 21.625 39 $47,229 $1,816 22.706 40 $49.590 $1,907 23.842 41 $52,070 $2,003 25.034 42 $54,673 $2.103 26.285 85 ?�'� n"� ��m T��+e' �� 19Q9 Commission TO: ^=~�~^ �.~ ~~~� .__-_. -__-__� _-, - FROM' �cn� ��' Tk�n� � : ~~^~~^^~~ ~~~~^ ---' -�r---- ---- ' ��� � (Q�� ~�=^�^���=^ `~~..�..~~��. --__-__, ---- Computer-Crime Analysis - Trecooumsnd approval RIESOLUTIONT, NO. 'V�,IBEREAS, the Police Department has established, with the approval of the City Commission, the position of Computer-CrimeAnalysis as a -full time position to assist with the administration of the Police Department's computer system and with the analysis of crime data to develop a forecast of crime patterns, and., WHEREAS, the crime pattern information will be used by tile Crime Suppression Team, Uniform Patrol and the Criminal Investigation Dhisions to develop plans as to where and When cr;m inal active is most likely to occur, and, WHEREAS, the Computq�7 e A:ndly ' w-;Il be functional in the operation of MS w 641 Windows 98 and -.1N-T Server Ore s1st ��M t e operation of the computer nemork-, as* NNOW, THEREFORE, BE IT RESOLVED BY TBE IWAYOR AND C171Y COMAMISSION OF TBE CITY OF SOUTI-INHAAM, FUMIDA: Section 1. That the City Manager is authorized to create the following scale for a Computer-Crinie Analysis: Step 1: Step 2: $18.68 Step 3: $19.61 Step 4: $20.59 Stop 5: $21.63 Step 6: $22.71 Section 2. The City Manager is authorized to include the pay scale in Section I in the City's permanent budget under "Non Collecti-ve Bargai:ning Employee, Regular Employee" and to assign a sala-ty code at pay grade 34 for the position of Computer-Crh-ne Analysis. Section 3. That this resolution be efflective immediately after the adoption hereof. PASSED AND ADOPTED this day of ,1999. 'CITY CLERK MAYOR RESOLUTION NO. WBEIREAS, the Police Department has established, with the approval of the City Commission, the position- of Computer-Crime Analysis as a fu time position to assist with the administration of the Police Department's computer system and with the analysis of crime data to develop a forecast of crime patterns, and, INTIEFREAS, the crime pattern information will be used by the Cffi-ne Suppression Tcan-, Uifform Patrol and the Criminal Investigation Divisions to develop plans as to where and when criminal active is most likely to occur, and, WMRFAS, the Cornputer-Crime Analysis will be fanctional in the operation of MS Windows 98 and NT Server and able to assist in the operation of the computer networI4 aqji� Section 1. That the City Manager is authorized to create the following scale for a Computer-Crime Analysis: Step 1: $17.79 Step 2: $18.68 Step 3: $19.61 Step 4: $20 9 Step 557: $21.6-1 Step 0; $22.71 1 2 3 4 5 6 8 9 10 I 13 4 16 17 18 19 2 21 22 23 24 25 26 27 28 30 Section 2. The City Manager is authorized to include the pay scale in Section I in the City's peimanent budget under "Non Collective Bargaining Em ployee, Regular Employee" and to assign a salary code at pay grade 34 for the position of Com pater -Cr ime ,knalysis. Section 3. That this resolution be effective immediately after the. adoption hereof PASSED AND ADOPT-1 D this day of 1 1999. CITY CLERK 0 9 .1Z U) m a- I CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 2/26/99 AGENDA ITEM #--!(V FROM: Charles D. Scurr Comm. Mtg. 3/2/99 City Manager City Commission Meeting The attached resolution sponsored by Mayor Julio Robaina reschedules the April 6, 1999 City Commission meeting to March 30, 1999. This action is pursuant to Section 2 -2.1 of the City of South Miami Code of Ordinances. The South Miami City Commission and members of the administrative staff will be attending the Dade Days activities in Tallahassee April 7 and 8, 1999. In order to met with the City's lobbyists Mayor Robaina and Vice Mayor Oliveros will be arriving in Tallahassee on Tuesday, April 6, 1999 thus there would be no quorum for the April 6, 1999 Commission meeting. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE APRIL 6, 1999 CITY COMMISSION MEETING TO MARCH 30, 1999; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that the City Commission shall hold regular meetings at 7:30 p.m., on the first and third Tuesdays except for June and July; and WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also provides that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted at a regular meeting of a majority of the entire membership of the City Commission; and WHEREAS, the Mayor and City Commission desire to reschedule the regular meeting of April 6, 1999 to March 30, 1999 due to the impeding participation of the elected officials and administration at the Dade Days activities in Tallahassee. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The regular City Commission meeting for April 6, 1999 has been rescheduled to March 30, 1999. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ever- striking. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 2/26/99 AGENDA ITEM FROM: Charles D. Scurr Comm. Mtg. 3/2/99 City Manager HOMETOWN DISTRICT PARKING COMMITTEE The attached resolution sponsored by Mayor Julio Robaina appoints Enrique Noriega and Sharon McCain to the Hometown District Parking Committee. The term of office for both appointments shall expire on March 2, 2001 or until successors are duly appointed and qualified. 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 THE HOMETOWN DISTRICT PARKING COMMITTEE; APPOINTING ENRIQUE NORIEGA AND SHARON MCCAIN TO SERVE FOR A TWO YEAR TERM ENDING MARCH 2, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and City 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 Mayor and City Commission desires to appoint Enrique Noriega and Sharon McCain to serve on the Hometown District Parking Committee until March 2, 2001 of 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. The City Commission hereby appoints Enrique Noriega and Sharon McCain to serve on the Hometown District Parking Committee. Section 2. The expiration date of those appointments shall expire March 2, 2001 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 51999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by e er- . 111 1441-% V #.AL- r_ A V A L 6V r_ QA P. i L.F r. I T td 1.) VI P. rd ti 5cord komvni+�, FE R MY OF SOUTH It 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663-6340 Fax (305) 663-6348 CITY ROMD/COWTUR APPLICATION 1. Name � 1Vk1's* 6 A16kAE 6 print) 2. HomeAddress 7,5 VdO -Z-Ycv J 4 d1/6 C) S46 3. Business- 4. susiness Address klo'fA A4 5. Home 4W Phone( 0.5 -�Illy Business Phone( j 2- _ .2 6. Educational Background .10H714-CAL I. co=unity services a E.E./-e2/ S. Are you a registered voter? yes No 9. Are you a resident of the City? yes No lo. Do you have a business in the City? yes No Signature Date ARSVXKS WZLL AMLUX (WrZLS FOR 099 rEM February 17, 1999 Major Julio Robaina City Hall South Miami, Florida 33143 Dear Julio: Enclosed please find my application for the City of South Miami Parking Committee. Enrique, my neighbor, gave me the application and asked that I fill it out and send it to you. As you know I attended the workshop last week and feel it is a step in the right direction. As a resident of South Miami, I feel that you along with the rest of the commisioners are doing a fine job. When there is a problem all of you are there to listen ..... you can't ask for more than that! I feel that the Shops of Sunset are a great asset to our city and the residents just have to be patient while we "get through the growing pains." I would appreciate being considered to participate on the Parking Committee and feel that my neighbors, Nick and Enrique are excellent candidates to head the committee. Again, thanks for all the time and effort you have put forth for our city .... your doing an excellent job! Sincerely, Sharon McCain P.S. Next time your in the Shops, stop by Barnes & Noble and say hello. - -a W v 5 F, .r A ,a fM A - .r�' se7, `i3 s9 n � T5 Z`'+�5 ge 6130 Sunset Driver Ph (305) 663 -6340 South Xian , Ft 33143 Tax (305) 663 -4349 6. i e a D- _ yOIA a registered voter? _ 9. Axe you a resident of the City? lfo�� 10. Do You bAV4 a business in the C ity? yes so ate A,9 i v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 2/26199 AGENDA ITEM # FROM: Charles D. Scurr a4i raoq Comm. Mtg. 3/2/9 City Manager PAWNBROKERS The attached resolution sponsored by Mayor Julio Robaina request the State Legislature to enact new laws regulating pawnbrokers. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 PAWNBROKERS; REQUESTING THE STATE LEGISLATURE 6 TO ENACT NEW LAWS REGULATING PAWNBROKERS 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and City Commission of the City of South Miami 10 have been informed that the pawnbrokers /second hand dealers within the State of 11 Florida have expanded rapidly over the last few years; and, 12 13 WHEREAS, the State Legislature enacted State Statute 539 regulating 14 pawnbrokers on a Statewide basis under the Florida Department of Agriculture 15 and Consumer Services; and 16 17 WHEREAS, in Florida Statute 539, the State superceded all previous local 18 laws and restricted the ability of local governments to enact laws pertaining to 19 pawnbrokers; and 20 21 WHEREAS, pawnbrokers knowingly or unknowingly deal in stolen 22 property; and 23 24 WHEREAS, it has been found that invariably pawnbrokers provide 25 incorrect and inaccurate records on transportation; and 26 27 WHEREAS, to reduce crime, arrest criminals, keep update records and 28 assist victims in recovering stolen items; an amendment to Florida Statute 539 is 29 necessary. 30 31 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 33 34 Section 1. The City Commission of the City of South Miami, Florida, 35 hereby supports a request for the State Legislature to enact new laws regulating 36 pawnbrokers with the following recommendations. A) Restoring property rights to 37 victims (changes in the Statute allowing for easier recovery of stolen property by 38 victims. The Statute makes recovery of stolen property difficult, time consuming 39 and expensive for the victims. The Statute should be changed to give victims back 40 the rights to their stolen property); B) Removing conflicting provisions in Florida 41 Statute 539.001 (existing Florida Statute states in part that.... "any county or 42 municipality may enact ordinances that are in compliance with, but not more Additions shown by underlining and deletions shown by ever . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 restrictive than this section"... This should be changed so that counties and municipalities can enact more restrictive laws if deemed necessary); C) Provide criminal penalties for repeated record keeping violations (Many pawnbrokers have repeatedly provided incorrect information on transactions to law enforcement. This statutory amendment will provide for a felony charge for pawnbrokers who have been convicted three times for knowingly providing false information). 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 , 1999. Page 2 of 2 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: P.O. Box 1989 West Palm Beach, FL 33402 -1989 - (561) 355 -2001 FAX: (561) 355 -3990 www.co.paim-beach.fl.us Honorable Julio Robaina, Mayor City of South Miami 6130 Sunset Drive ® South Miami, FL 33143 RE: Pawn Shops Palm Beach County Board of County Commissioners Dear Mayor Robaina: Maude Ford Lee, Chair There are over 1400 licensed pawnbrokers in the State of Florida and many Warren H. Newell, Vice Chairman more are opening each month. Ten percent of pawn shops nationwide are located in Florida: Karen T. Marcus Carol A. Roberts Many factors contribute to this explosion, including crime and population, but the weak laws that govern these businesses are also responsible. Mary McCarty Burt Aaronson The Florida Pawnbroking Act (F.S. 539) when adopted removed the ability Tony Masllotti of local governments to pass and enforce more restrictive laws and ordinances. This Statute also mandated difficult and possibly costly mechanisms through the courts to return stolen merchandise located in pawn shops by victims. As a result, most victims just buy their personal belongings back. County Administrator Robert Weisman The Statute also places the regulations of the Statute under the Department of Agriculture and Consumer Services. To date, no pawn shop licenses have been revoked and only a few small fines have been issued along with a handful of reprimands. In order to improve on this existing legislation, Palm Beach County will request your support of these critical issues regarding Florida Statute 539: • Restoring .property rights to victims Changes in the statute allowing for easier recovery of stolen property by victims. The Statute makes recovery of of property difficult; time consuming and expensive for the victims. The Statute should be changed to give victims back the rights to their stolen property. "An Equal Opportunity Affirmative Action Employer" Wprinted on recycled paper Page Two • Removing conflicting provisions in Florida Statute 539 Existing Florida Statute states in part that ... "Any county or municipality may enact ordinances that are in compliance with, but not more restrictive than, this section..." This ,hould be changed so that counties or municipalities can enact more restrictive laws if deemed necessary. (Home Rule) • Provide criminal penalties for repeated record keeping violations Many pawnbrokers have repeatedly provided incorrect information on transactions to law enforcement. This Statute change will provide for a felony charge for pawnbrokers who have been convicted three times for knowingly providing false information. We would appreciate this issue being considered a priority of your community and hope you will discuss the issue with your local law enforcement agencies, County governments, and other interested leaders. A letter of support or a resolution would be greatly appreciated. If you need further information, you may contact me or my staff at (561) 355- 2203. Sincerely, W re7H-Newell V' e Coard y Commissioners WHM M.pawn- legislation Enclosure: -Draft Legislation -Draft Resolution Ej Irn TO: Mayor & CommissicE NATE: February 24, T!a During the past years, the Parks & Recreation Department has had to deal with toilet back ups due to people stuffing hand towels into the toilets causing severe plumbing problems at Dante Fascell and Palmer Parks. Correcting this matter would alleviate cost for plumbing contractors, over time labor and replacement of supplies (i.e. hand towels). It would also alleviate ihe inconvenience that the public endures when the toilets back up. I recommend approval to release $1,235.00, from account number 001-2000- 572.46 20, "Maintenance & Repair —Operating Equipment, to W.W. Grainger, for the following items to be placed in Dante Fascell and Palmer Parks: Four (4) Hand Dryers — Push Button Style I strongly seek your approval as we move forward to the enhancement and development • all our parks. Hand towels Dante & Palmer Park WW Grainger Company 1 2 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 W.W.GRAINGER, FOR PLACEMENT OF HAND DRYERS — PUSH BUTTON STYLE, FOR PALMER AND DANTE FASCELL PARKS; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001-2000-572.4620, "MAINTENANCE & REPAIR — OPERATING EQUIPMENT". I WHEREAS, pursuant to Article 111, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $1,000.00; and WHEREAS, Palmer and Dante Fascell Parks have been receiving extensive use; M-1 WHEREAS, due to plumbing problems caused by stuffing hand towels into the toilets causing back ups; and WHEREAS, placement of hand dryers will reduce added labor caused by continual plumbing problems at both parks and improve the aesthetics of the bathrooms; and, WHEREAS, the cost incurred due to each back up incident, will reduce the monies spent on this problem at both parks. Section 1. That a purchase order be awarded to W.W. Grainger, for the amount of $1,235.00 for hand dryers to be placed at Palmer and Dante Fascell Parks. Section 2. Charging the disbursement to account number 001-2000-572,4620, "Maintenance & Repair — Operating Equipment". Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of March, 1999. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY WW Grainger Hand Towels Palmer & Dante Fascell '99 a FAX -FAX- FAX - FAX - FAX - FAX - FAX - FAX - FAX - FAX - FAX - FAX - FAX -FAX- FAX - FAX - FAX - FAX - FAX - FAX - FAX - FAX -FAX FROM CITY OF SOUTH MIAMI CENTRAL SERVICES DIVISION 6130 SUNSET DRIVE SOUTH MIAMI, FL. 33143 PHONE: (305) 663 -6339 FAX: (305) 667 -7806 [7 PLEASE PR© ......... IDE NIE �?Y;i1`H Q 1QTE CIA FA7. .. C1 .. PLEASE PR ©QE S H F ?LLCIWIl 1; PURCHASE ORD R nn OTHER: .3D� .% * * * *IF YOU HAVE ANY QUESTIONS PLEASE CALL ME. * * ** THANK YOU y� I B X11 ?oa 1� Shown on the two pages We large selection of the four by types of hand dryers in the marketplace. :.some of them are a� vated by an electric eye (automatic) and some manually by a p button: No: R -2001 RUGGED RON SERIES (Pictures A, B, C,1, & J) Cast iron porcelain enamel housing for use in schools, 'prisons, bus term nals, ball parks, convention centers, or wherever heavy -duly vandal-ree tant- .units are needed. 115/208/230 voltages 30- second drying cY Standard colors: Black or White. 2300 watts u ; - ush button: $615.45 Automatic: 5785.25 'Recessed (Automatic): $US, Decorator colo�Beeige, Brown, Hunter Green, Yellow; Orange, or Royal 8 } EffADD $45.25 Replacement parts, switch timer unit, or heating element prices on requel No. R -2002 SKY HAND DRYERS (picture's G & H) G)Carl Special - Aluminum housing - no -touch automatic - vandal - resists for medium duty applications: restaurants, office buildings, hospitals ai clinics. 120 volts - 60 Hz - 2200 watts -. wt. 13 Ibs: ....... .........$485.7 H) Harry. Special - Heavy duty plastic., housing - no4ouch automatic for li j traffic locations: medical offices, commercial kitchens, executive wag rooms, labs, orwherever thereare less than 15 - uses per hour -120 vd 30 second cycle. ..5285.E No, R -2003 ECONOMY SERIES (Pictures D, E,'& F) i D) Seal Special Painted cast aluminum housing - push- button operation adjustable timer 30 to 60 seconds - 120 volts. 2200:watts - 13"w. xi 1/2 h' x 7411 d -.526W E) Allen Special For budget installations - not for rough house areas - eli Ironic sensor for no -touch operation - 115 volts =1725 watts ....... =7J F) Sc ott.Sppecial Zinc die cast housing - automatic 120/208 volts 26 watts. Colors: White, Blue, Beige, or Black .......:Surface unit: $4454 Recessed urn.. $ J 11!,JFP nor, Lill a 191 nyd q;t__ Control the Cost of Hand Drying! No Clean -Up & No Re- Stocking of Paper Towels! y,. fi Ni Electric Hand & Hair Dryers 'WIHE"ENTS WORLD DRYER � 0. � lode[ A Series Hands On Hands Off z s ■ 10 Year Unlimited Warrant Y ■ 10 Year Limited Warranty Includes: Damage Due to Accidents, ■ Measures: 117 /,e °W x W /4 "H x 8 "D Misuse or Vandalism awwx � s ■ Measures: 10314"W x 8 "H x 7 "D _._ . - arruts- 4vaaaa "tepable�of e 10 Year Lii ■ Measures: ".4 .Tamper Pt ti Rom No. Wt Color 1-3 4/more W1114 130 Lbs. I White I 358.50 1 $44.90 Constructed of a 1- piece, heavy -duty, rib rein- forced die -cast cover that is lightweight, unbreakable, and rustproof. Available with bright chrome plating or.finished with white chip - proof, electrostatically - applied epoxy. diem No. I Wt. I Color 1 1-3 41more E716 119Lbs.1 White 1 286.50 279.15 E726 119Lbs. I Chrome 331.70 323.25 american dryer UL Soft Touch Economical Supra Designed with ALL THE BEST FEATURES. A steel housing with a powder epoxy finish absorbs impacts without chipping. This 2300 waft model is rated for 110/120 volts and 20 amps. The Soft Touch produces 130' - 145'F air in 30 second cycles and features a 360° rotating nozzle. ■ 10 Year Limited Warranty ■ Measures: 11 "W x 91h "H x 6% "D Rem No. I Wt. I Color 1 1 -3 1 4/more 116100 116 Lbs. I White 1 276.90 1 269.85 ■ One Piece Molded Lexan ■ Tamper Resistant ■ Maintenance Free ■ 115V; 15 Amp; 1725 Watts ■ Measures: 11 "W x 91/4 "H x 73/,6 "D ■ Push Button Cycles 40 Seconds ■ UL Listed CSA Certified ■ 1 Year Limited Warranty hem No. I Wt. Color 1 1 -3 1 41more 116001 112 Lbs. White 1 191.40 1 181.90 Fully automatic hands off operation — No electric eye or optics to vandalize. An Infra -red sensor detects the presence of hands. Dryer will only run when hands are under the sensor. Constructed of a tough, 1 -piece Lexan 940 cover that is virtually unbreakable. Item No. Wt. Color 1-3 4/more E736 17 Lbs. White 286.50 279.15 :r' ,fsFs ✓a 1rt "ultra Modem "�'Warrn air dryer.that rombines= beauty.anel, 'elegant design'with egged, vandal tiroof.construction to luarantee many -tyeAr.& Of reliable, ,trouble ree?performanee -- [Unique `Dial -A -Dry' - lolid state timer.lets yqu, adjust the drying ime'from'2 sec6ndsto.3 minutes, (done at he time of mstaliatton) g 10 "Year.LimitedVWarranty , I Measures �12 "X x 83/4 "H x 9' /4"D Item No. Wt. Color 1 -3 41more S110 123 Lbs. I White 1 286.30 1 278.90 -9999 27 Toll -Free 1-800 -253 -2886 (IL- 847 - 288 8888) �iKUNAUU New Fax Number (847) 288 WARM AIR HAND DRYERS 'S- K Hand dryers can save 90% of the cost'of paper towels, including storage, disposal, and related plumbing costs for clogged World warm air dryers are clean, sanitary, and reduce wastebasket overflow. Push - button or automatic. Registered to ISO 9002. PUSH- BUTTON DRYERS a Well- suited for heavy industrial plants, office buildings, Push button to start dry • cycle; cycle runs for 30 seconds. schools, fast food restaurants, park and recreation fac* Mechanical timer withstands heavy usage. ties, and theaters AUTOMATIC DRYERS • Surface mount Dryers turn On automatically when hands are placed under noz- AIRSPEED DRYERS zle; dryer turns Off when hands are removed. Clean and hygien- • Durable 1/8" thick decast zinc cover ic; hands touch nothing after they are cleaned. Energy- saving . Triple - plated, brushed chrome finish hides smudges and dryer is never left running. 10 -Year parts warranty. fingerprints MODEL 'A" DRYERS • 5 -Year parts warranty • Heavy -duty construction with 1/4" thick cast iron cover • Economical and well suited for lighter usage. light indwt} al facilities, office buildings, warehouses, churches, labs, • Porcelain enamel finish won't break, dent, or scratch ratories, hospitals, and day care centers • 10 -Year ports warranty • Surface mount x! AIR HAND'DRYER SPECIFICATIONS AND ORDERING DATA 5 Noule World Stock Key Typo Activator Vohs Amps Model: No. List Escb 7. �, MODEL- "A " DRYERS A Swivel Pushbutton 115 20.0 A SW630 $516.00 $32S • Swivel Pushbutton 230 10.0 A4 SW6301 516.00 00 291 • Fixed Pushbutton 115 20.0 A5 A Fixed Pushbutton 230 10.0, A54 5W632 516.00 325.00 29A, SW633 516:00 325.00 29A a Fixed Automatic 120" 17.0 XA5 SH009 598.00 394.75 20 _ :.=AIRSPEED DRYERS C Nixed Pushbutton 120 17.0 WA126 SW634 ' 376.00 242.25 24A , C Fixed Pushbutton 240 8.6 WA246 5W635 376.00 242.25 M { D Fixed Automatic 116 20.0 NT126 6H010' 512.00 388,25 2qy 1914 GRAINGER It's all right here. The right products and equipment for every cleaning job. "MPIIIFIIMW rity TO: Ma- yor and lt� Ci Commission Date: February24, 199E The Police Department has requested to purchase a night vision binoculars, and hands-free lapel microphone for the Narcotics Unit. This equipment is needed for the collection of evidence and the safety of the officers involved in undercover narcotics investigations. The Police Department is requesting to purchase the equipment from Gall's inc. for a sum not to exceed $3,000.00 pursuant to the 1998-1999 budget, from Account 615-1910-521- 4630 (Federal Forfeiture Funds). Westinghouse AID is a sole source vendor for this equipment. There will be $ 45,324.50 left in this account. I recommend approval. if CITY ATTORNEY wlwv «f um TO: Mayor and City Commission Date: February 24, 1999 The Police Department has requested to purchase a night -vision, camera and scope, and disguised voice transmitters and a receiver for the Narcotics Unit. This equipment is needed for the collection of evidence and the safety of the officers involved in undercover narcotics investigations. R I I I 1111114111olItl 1,0 t I CLA'. iT C! 11 VIII VIV"-%ISVTISUIVLLSrw ILVILUNP iLitc-m?'oluc; wiC;VrrTCS,--UC.. liltr to exceed $18,000.00 pursuant to the 1998-1999 budget, from Account 615-1910-521- g 4630 (Federal Forfeiture Funds). Westinghouse AID is a sole source vendor for this equipment. There wiU be S 48,099.48 left in this account. RESOLUTION NO. W,BEREAS, the Police Department is purchasing a night vision camera and scope, and a disguised voice transmitters and receiver for the Narcotics Unit and, WHEREAS, the Narcotics Unit conducts undercover narcotics investigations where night vision and audio surveillance equipment is needed in order to collect evidence on illegal narcotics sales, and, WIEREAS, the Police Department does not have any night vision equipment at this time and the audio transmitters and receiver noiN- in use are out dated and have a limited range, and, IN71-JEREAS, this equipment is also needed for the safety of the undercover officers, t+ *'kRwwwet taking place during narcotics investigations, and W1ffiREAS, Westinghouse Audio Intelligence Devises, Inc. is a sole source vendor for this equipment. T�OW, TBEREFORE, BE IT RESOLVED BY TBE MAYOR AND CITY COMMISSION OF THI R, FLORIDA: Section 1. That the City Man-ager is authorized to disburse a sum not to exceed $18,000-00 to Westinghouse Audio Intelligence Devices, Inc. from the Federal Forfeiture account 615-1910-521-6430. Section 2. That this resolution be effective fimnediately after the adoption hereof. PASSED Al` D ADOPTED this day of a 1999. MAYOR CITY OF SOUTH MIAMI �fQ POLICE DEPAR TMENT L, VICE, NARCOTICS & INTELLIGENCE To: Chief of Police Via: Capt. D. Salerno From: Detective A. Hechavarria Date: January 15, 1999 Subj: Budget items approved for 1998 / 99 Request to purchase the below listed item(s) in pursuant to the 1998 / 99 budget. Single item vendor: Westinghouse Audio Intelligence Devices, Inc. 12301 N.W. 39 Street Coral Springs, Florida 33065 Phone 1- 813- 397 -9838 - FAX 1- 813 - 398 -0670 - Toll Free 1 800 243 -4642 Item number 342 Cellphone Receiver Kit (Unitel 2000D Cellular Based Covert Transmitter & Receiver) ........ .......................$7595.00 Item number 348 Disguised Tape Transmitter (Model TX -925 Disguised Tape Measure Voice Transmitter ) ..................$1395.00 Catalog Number 95205 Item number 349 Night Vision Intensifier System (Hite -Mate Third Generation Night Vision Intensifier System) ....... $4595.00 Catalog Number 90206 -05 Item number 350 Night Vision Pocket scope System (Scout "EAGLE" Third Generation Night Vision Pocket scope System ) ...................$3495.00 Catalog Number 90376 TOTAL $17,080.00 _MAI= Utt Westinghouse �tT. VISA F a %hl Image Intensifier: Photocathode Type: Luminous Sensitivity: Radiant Sensitivity: Equivalent Brightness Input: Brightness Gain (FL/FC): Limiting Resolution: Output Faceplate Phosphor Screen: Useful Image Diameter: Signal -To -Noise Ratio: High Light Resolution: SYSTEM: Magnification: Field of View: Standard Objective Lens: Lens Mounting: Eyepiece Focal Length: Eyepiece Diopter Adjust: Eyepiece Mounting Thread: Eyeguard: Operating Switch: FEATURES • Latest version of Third- Generation. GaAs photocathode technology Complete system including adapters for 35mm cameras and video camcorders Accepts C -mount lenses >` -Built -in IR illuminator • Light weight reinforced molded plastic housing • Rugged, compact, palm-size design • Eight hours viewing time on one AA alkaline battery • Automatic brightness control SPECIFICATIONS EQUIPMENT INCLUDED • Eyeguard -.25mm fl.4 objective lens • Neck Strap • Adapter: 35mm SLR (49mm diameter) • Adapter: Camcorder (37mm diameter) • One AA alkaline battery. • Carrying pouch OPTIONAL EQUIPMENT •Headband mount with adapter (Cat. No. 90377) • CCTV Relay Lens (Cat. No. 90208 -01) 18mm Third Generation Power Source: GaAs Operating Time: 1100 pA/lumen IR Source: @ 0.83 pm: 100mA/Watt Tripod Mount: @ 0.88 pm: 60mA/Watt Size: 3.0 x 10 ^' I /cmz 20,000- 35,000 Weight: 36 Ip /mm min. ti Fiber Optic, 180° Inverter l P20/P43 17.5mm min. 155.0 mi n. N/A 1 O (standard 25mm lens) 40 degrees (standard 25mm lens) 25mm f11.14 C -Mount 25mm. 2to -6 M28 x 1.25 Flexible Plastic (removable for adapter mounting) Rotary-type, 3 position: OFF, ON, IR. One AA alkaline battery 8 hours viewing, (6 hours viewing with IR illumination) IR LED. /< -20 UNC threaded socket 3%x2x2' /sin. (95x50x73mm) excluding objective lens 9.2 oz. (260g) not including battery and objective lens SPECIAL NOTICE: Export of NIGHT VISION equipment: This item may not be exported without compliance with U.S. traffic in arms regulations and issuance of a valid export license by the U.S. Department of State, Office of Defense Trade Controls. 46A q Westinghouse VIS1011( • Patented 24 Hour Video Operation • Completely Integrated Night Vision Camera • Non - intensified Day, Gen 3 Night Vision in the Darkness • Night Channel Override enables operator to maintain non - intensified, direct CCD imaging during low -light conditions • Light sensor monitors ambient light level and automatically commands the crossover between day and night channels • Available In Pal, CCIR, RS -170, NTSC • Patented Rotational Cam • 12VDC or 24VAC Operation (specify) • Compact, User Friendly SPECIFICATIONS SYSTEM: Photocathode Type: 18mm Third -Gen. (GaAs) MECHANICAL: Input Connector: ...... C -Mount (female) to lens Output Connector: ..0 -Mount (male) to 1/2" camera Power Connector ....LEMO B Series FJGOB302CNL Size . .........................2.33" x 2.30 "x 3.75" (59 x 58 x 95 mm) Weight ....................13 oz. (369 gm) ENVIRONMENTAL: Temperature Range: 0 °F to 122 °F ( -18 °C to 50 °C) Storage Tem erature: -30T to 158 °F (130 °C to 7p0 °C) Humidity: ................ 95% Altitude: .................. 12,000 ft. (3650m) POWER REQUIREMENTS: External Power: ...... 12 VDC. Power Consumption: 0.6 Watt Compatibility: Waid Surveillance Vehicle Video Scope EQUIPMENT INCLUDED • DC power cable • Camera: Cat. No. 90206 -05: Panasonic WV -BL102 camera or equivalent Cat. No. 90206 -07: Watee 902A camera or equivalent • 75mm auto -iris lens (complete system only) SPECIAL NOTICE: Export of NIGHT VISION equipment: This item may not be exported without compliance with U.S. traffic in arms regulations and issuance of a valid export license by the U.S. Department of State, Office of Defense Trade Controls. 43 NOTE: Product may not be as pictured. p Westinghouse iMITTO, • 1 Watt RF power output • Provides appearance of standard belt -worn 25' tape measure • Easy to operate covert ON -OFF switch • Unique design protected by U.S. Patent • Tape extends a short distance (1 inch) • Built -in electret microphone • Built -in antenna • Two 9V alkaline (type 1604) battery • One channel crystal installed • Supplied in foam lined storage case Frequency Range ............ 150 to 174 MHz (Standard) 216 to 220 MHz (Available) 136 to 150 MHz (Available) ......One 216 to 220 MHz (Special) Number Of Channels ......One Frequency Stability .......... RF Power Output ............One Watt Frequency Stability .......... Crystal - controlled; ±10 ppm 140T (60 °C) from -22 °F ( -30 °C) to Spurious and 140 °F (60 °C) Harmonic Attenuation ......Better than 46 dBc. Modulation .... ..................Audio - limited narrow -band voice FM, voice Microphone ......................Internal electret. Antenna ... .......................Internal Power Requirements Power Requirements ......9 VDC. Power Source ..................Two 9 volt alkaline (type 1604) (80 x 55 x 12.7 mm) batteries Operating Time ................Three hours continuous (80 x 55 x 9.5 mm) operation using factory fresh °C) TX-928: 2.7oz. (79 gm) batteries @ 68 F (20 Size .... ..............................3 "x35 /,,'x114" (102x57x19mm) Weight .. ............................7.5 oz. (213gm) including batteries Compatibility All Waid Unitel® Intelligence Kits, Receivers and VHF Input Repeaters of compatible frequency FEATURES • 1 Watt RF power output • Small; easily concealable for multiple applications • External DC power input jack • External SM antenna connector • Screw -on connector for external electret microphone • TX -928 is available with optional voice scrambler (Catalog No. 95198 -10) EQUIPMENT INCLUDED • DC power cable • External flexible wire, free space antenna. (Catalog Number 91223 -05) • One channel crystal installed • Supplied in foam lined storage case SPECIFICATIONS Frequency Range ............150 to 174 MHz (Standard) Compatibility: All Waid Unitel ®Intelligence Kits, Receivers and VHF Input Repeaters of compatible frequency 216 to 220 MHz (Available) Number Of Channels ......One RF Power Output ............One Watt Frequency Stability .......... Crystal-controlled; ±10 ppm from -22 °F ( -30 °C) to 140T (60 °C) Spurious and Harmonic Attenuation ......Better than 46 dBc. Modulation ................. ..... Audio-limited narrow -band FM, voice Microphone ......................External electret Antenna .... ......................External, SM connector Power Requirements ......External 9 VDC Size ..... .............................TX -928: 3%2'x 2 %2'x' /2' (80 x 55 x 12.7 mm) TX -928A: 35 %2" x 2'/3 :'x %" (80 x 55 x 9.5 mm) Size... ............................... TX-928: 2.7oz. (79 gm) TX -92BA: 2.5oz. (74 gm) Compatibility: All Waid Unitel ®Intelligence Kits, Receivers and VHF Input Repeaters of compatible frequency Features RECEIVER SYSTEM: • High impact plastic carrying case. • Integrated 3 watt cellular transceiver with automatic answer fea- ture. • High quality audio tape recorder. • Gel cell batteries for portable operation. • Cellular antenna built into lid of case. • De- scrambler switch selectable (clear /scrambled). • Modular ports for receiving audio and recording from standard phone line. • Power ON /off switch. • Internal battery charger with charge status indicator. • Power cable (95 -240 VAC) (50/60 Hz). • Power cable (12 VDC) cigarette lighter plug. • V4" Headphone jack. All components integrated to allow monitoring, descrambling, and recording of audio from the transmitter system. N, • Virtual world -wide range • Uses Cellular Infrastructure • Transceiver Operation • Listening Post or Wearer Activation TRANSMITTER SYSTEM: • Cellular based transmitter in conformal case designed to fit close to the body. • External microphone jack with surveillance quality microphone. • External earphone jack accepts standard or optional wireless ear - piece. • One touch establishes communications between transmitter and receiver. • Internal scrambler with external scrambled/clear switch. • Auto answer feature allows for hands -free connection with trans- mitter. • Nickel metal hydride battery (approximately 70 minutes talk time). • All above contained in a high impact plastic case. • Hand -held programmer to program transmitter. • External battery charger. OPTIONS: • Additional batteries and chargers (#94589 -17, 70 minute or #94589 -16, 150 minute talk time per battery). • Wireless earphone system. #92305 -15 • 6db gain magnetic antenna. #91233 -20 is= SCOPE OF WORK page 5 of 5 pages PERFORMANCE PROPOSAVCONTRgCT 1 RESOLUTION NO.: 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI; . FLORIDA, AUTHORIZING THE 6 CITY MANAGER TO DI SBURSE THE SUM OF . $3 828.60 TO R. B. 7 GROVE INC. 'FOR THE REPAIR AND REHABILITATION OF THE 8 EMERGENCY ELECTRIC GENERATOR FOR CITY HALL AND 9 CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 110 - 10 1310` 513 -4620, "HURRICANE FUND- MAINTENANCE AND 11 REPAIRS, OPERATING EQUIPMENT'. 12 13 14 WHEREAS the City Hal llPolice. Station s emer enc electric c functions tY g Y g 15 .:, are critical to all aspects of the administrative operations required during and after a 16 maj or storm or other emergency; and, 17 18 WHEREAS, the high - capacity generator requires repair and rehabilitation of some 19 its main components, since it has deteriorated due to limited preventive maintenance and 20 weather exposure; and, 21 22 WHEREAS, Public Works obtained price quotes from the only two local firms 23 qualified for this kind of work. 24 25 NOW THEREFORE,. BE IT. RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1 The Public Works Depart ment has obtained the following price 29 quotes: 30 Pantropic, Inc. $9,800.00 31 R. B. Grove Inc. $3X8.60' 32 33 Section 2. The City Manager, be, and is hereby authorized to disburse the total 34 sum of $3;828.60 to R. B Grove, Inc. 35 36 Section 3 This resolution shall take effect immediately upon approval. 37 38 39 PASSED AND ADOPTED this 2nd day of March 1999. 40 41 42 ATTEST: APPROVED: 43 44 45 CITY CLERK MAYOR 46 `47 48 READ AND :APPROVED AS TO FORM 49 50 51 CITY ATTORNEY { a-n .S�,mkby +':" ' `, " !;'kd. ° �r �t& ws, °;�,`°�.d�.,�'Awmw k_,.zrA1 .s4 vv1Wsa "da'"m"c%-",. P. C17Y OF SOUTH MIAMI ENTER- OFFICE MEMORANDUM i 1 RESOLUTION NO. 2 3 A RES "OLUTION OF THE MAYORIANDI CITY COMMISSION 4 OF THE'.CITX OF SOUTH MIAMI, FLORIDA, RE- ATING TO 5 MEMBERS DISBURSEMENT OF $ °1,088.00 6 TO 'THE NATIONAL LEAGUE OF CITIES FOR DIRECT 7 ANNUAL MEMBER CITY DUES.. ALLOCATION. FOR THIS 8 EXPENDITURE I$ FROM ACCOUNT N0. 01 -1.100 511 -5410 9 "MEMBERSHIP & SUBSCRIPTION" PROVIDINO AN 10 : EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami 13 recognize the importance South Miami participation in local 'and national 14 municipal' activities; and 15 16 WHEREAS, the National League of Cities has been an in 17 instrument by which the City of South Miami has kept abreas of the and 18 tremendous changes and challenges occurring m local gouemment's and 19 20 WHEREAS,, the Mayor and City Commission desire to continue its annual 21 membership with the National League of Cities, Inc. 22 23 NOW THEREFORE BE IT RESOLVED .BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. The City Manager is here by authorized to disburse the 27 sum of $1,088:00 t' the National League of Cities from Account No 511 -5410. 29 30 Section 2. This resolution shall take effect immediately upon approval. 31 32 PASSED AND ADOPTED this day of , 1999. 33 34 ATTEST; APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 Commission Vote: 40 READ AND APPROVED AS TO FORM: Mayor Robaina: 41 Vice Mayor, 0liveros: 42 Commissioner Feliu 43 CITY ATTORNEY Commissioner Bethel: 44 Commissioner Russell: fi 45 Additions shown by underlining and deletions 'showni by e-,,er-strong. National 'League of Cities 1 301 Pennsylvania Avenue " ", NW; Washington' D.C. 20004 (202) 626 -3000 F 0000c7891 Order No �00c�,,368i5 pity' of South Miami Order Sate c, l�EP' 1999 t Dr iv e Invoice 6130 Sunse, 33143, Invoice Date 200,0'64e 02/0'2/1999 South Miami,FL I L� Membe^ 3r oup Membership Year P U � � t 1 o n Amount it ^ect Member City 05/01: /.1999 t34/30/'0)(D � 1c)(DO1 T© '20000 X17 088.00 Subtotal $1, oSE3.0 our city's annual membership dues in the National League of Cities for the current year, which includes $59, per eligible amount shoved above is your, Please rernit to: National 4eagueof.Cities,i -Box 85080, al Zr cone -year subscrtipUOn to f�1ation's CiUesW�ekiy.newspaper. payment 23285 - 4097. Questions or corrections? Call the NLC Membership'offlce at (202) 626 =3190. 'thank you for'your participation. omond,VA` $1 Ore. or'O TOTAL DUE ORIGINAL 8NVOIC E wf MR 1 f ------------ "M h�" -_. RESOLUTION NO. 1 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 'OF THE CITY OF SOUTH MIAMI, FLORIDA; RELATING .TO 5 THE PURCHASE OF TEN: (10) PRO COPPER'EQU'IPIVIENT 6 CONSOLES FROM LAW ENFORCEMENT. SUPPLY 7 " COMPANY IN THE AMOUNT OF $2520 FROlh%I .ACCOUNT 8 " #1910= 521 - 6430 (EQUIPMENT OPERATING); PROVIDING AN 9 EFFECTIVE 'DATE. 10 11 WHEREAS, the Police Department wises to procure consoles for the new 12 police department 'vehicles" to safely, hold radios and emergency equipment=, and 13 14 WHEREAS, the lowest bidder.is' Law Enforcement Supply Company; and 15 16 NOW THEREFORE BE; IT RESOLVED BY THE MAYOR AND CITY 1,7 COMMISSION OF THE CITY OF .SOUTH MIAMI, FLORIDA: ii lg 19 Section 1: The City shall purchase ten (10) Pro Copper consoles from Law 20 n 1 10' 21 -6430 Enforcement'' ' Su < 1 Com an;' at a' cost of $2 520 from accou t # 9 PP Y .. p ,Y , 21 Operating. . Equipment O eratin 22 23 Section 2: This resolution shall take e ffect ininiediately upon approval. royal. 24 ' 25 PASSED AND ADOPTED this day of , 1999. 26 27 ATTEST: APPROVED: S 28 29 30 i 31 CITY CLERK MAYOR , 32 33 READ AND APPROVED AS TO FORM: 34 35 36 37 CITY ATTORNEY 38 ' 39 40 41 42 43 44 45 f 1 Section 3 All ordinances or parts of ordinances in conflict with'the rovisions P. 2 of this 'Ordinance are repealed: 3 4 Section, 4: Effective Date. This Or, aince shall take effect immediately at the 5 time of its passage. 6 7 PASSED AND ADOPTED by the City Commission this day of , 8 1999. 9 10 11 12 MAYOR 13 14 ATTEST:I 15 16 17 18 CITY CLERK 19 20 READ AND APP, ROVED AS TO FORM: 21 22 23 24 CITY ATTORNEY 25 26 Additions shown by underlining and deletions shown by 111" �. ®.s -E �. - s . .•. .� ..,,e ,�,.�r� x e��:y,�� vr..�xw�,� `� ate. �x;�s_ �,�.�_t >s4r.. �, �...,,.� ..,.�„x;�rasnN nr ,a..asw�:,xf k,�: ° °�'�:'. , 1 WHEREAS, in certain' instances local recurring 'revenues are insufficient 2 " compensation for administration; management and use of rights -of -way where there is 3 little or no customer base within the jurisdictional limits'ofthe City; and, 4 s WHEREAS, it is the intent of the City in the adoption of this ordinance to allow 6 the use of the appropriate rights -of, way of the City to grovide telecommunications 7 services within the City and, under its police powers, to regulate the use of rights -of- -way 8 by providers and to charge providers reasonable and non- discriminatory rents for the use 9 of rights -of -way. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 12 COMMISSION OF THE CITY OF SOUTH MIAMI: 13' 14 Section 1. Chapter 13 of the Code of Ordinances of 4he ,City of South Miami, 15 entitled "Licenses," is amended by enacting Article X, entitled "Telecommunications 16 Systems,:' for the purpose of authorizing non - exclusive license agreements for the use of 17 public rights -of -way and streets to erect, construct, maintain and operate' lines and 18 ` equipment for the provision of tole communications services and' local exchange telephone 19 service, as provided in this ordinance. 20 21 CHAPTER 13 LICENSES 22 23 ART. X - TELECOMMUNICATIONS SYSTEMS 24 25 Sec. 13-69. Purpose. 26 27 The purpose of this ordinance is to establish a competitively neutral policy for 28 usage of public ri ght s- af-way for the provision of telecommunications_ services and 29 enable the City to: 30 31 (a) Permit non- discriminatory ;access to the public rights -of -way for providers of 32 telecommunications services; and, 33` 34' (b) Manage the public rights-of-way in order to minimize the impact and cost to 35 the citizens of the placement of telecommunications facilities within the rights 36 of-way; and, 37 38 (c) Obtain fair and reasonable compensation as allowed by federal and state law 39 for the commercial use of public rights of way in a non - discriminatory manner 40' and, 41 1 (d) Promote competition among telecommunications service providers and 2 encourage the universal availability of advanced telecommunications services 3 to all residents and businesses of the City; and, 4 5 (e) Minimize congestion; inconvenience, visual 'impact and other adverse effects 6 on the City's public rights I -way. 7` 8 : Sec. 13 -70. Applicable Scope. 9- 10 This article applies to all telecommunications service providers under Title 11 of 11 the Communications Act of 1934, as amended (47 U:S,C. 201, et seq.), excluding 12 ' services provided solely by means of wireless transmission which do not use the JI, 13 ` public rights -of -way. This article does not exempt providers of open video 14 systems service from the requirements of'Tid' UI and ' applicable FCC rules and 15' regulations. 16 17 18 Sec. 13 -71.. Definitions. 19? 20 The following terms, phrases, words and derivations shall have the meanings given 21 in this article. Words not otherwise defined in this article or in any license 22 agreement that might be' granted under this article shall be given the meaning 23 provided in Communications Act of 1934, 47 U.S.C. § 521, et seq., and the 24 Telecommunications Act of 1996, as amended (the laws are collectively referred to 25 ' as the Communications Act), and if not defined there; as defined by Florida 26' Statutes, and; if not defined there, ;the or shall be given their common and 27 ordinary meaning. 28'; 29" (a) "Affiliate" means any person, directly or indirectly, controlling, controlled by, 30' or under common control with the provider; provided, affiliate shall in no event 311 mean any limited partner or shareholder holding an interest of less than 15% of 32' the provider, or any creditor of the provider solely by virtue'of its status as a 33 creditor and which is not otherwise an affiliate by reason of; owning a 34 controlling interest in, being owned by, or being under common ownership, 35 common management, or common control with the provider. 36 37 (b) "Applicant "means any person who files an application with the City under the 38 section entitled "Application to Provide Telecommunications Services," in 39 order to obtain the necessary permission to use the public rights -of -way to 40 provide telecommunications services within the' City, whether by means of the; j Page 3 of 35 1 ` person's own facilities or by means of capacity obtained from another provider 2 of telecornrnunications services. 3 4 (c) "City Manager" means the City Manager of the City of South Miami, or his or 5 her designee. 6 7 (d) "City Requirements" means all laws, rules, regulations, policies and directives s of general application of the City, in effect at present or to be adopted in the 9 future by the City. 10' 11 (e) "Collocation" means, the shared, use of facilities, including but not limited to 12 ` the placement of conduits owned by more than one provider in the same trench'' 13 and the placement of fiber owned. by more than one 'provider in the same 14 conduit. Collocation does not include `interconnection of facilities or the sale 15 or purchase of capacity, whether bundled or unbundled. 16 17 (f) "Facilities" means any, portion of a system or of a private communication 18 system located in the rights -of way. 19; 20` (f) "FCC" means the Federal Communications Commission, or any successor 21 agency. 22 23 (g) "Gross Revenue or Gross Receipts" means all revenue .received by the 24 licensee on recurring local services provided within the'corporate limits of the 25 City. 26 27, (h) "License" means the right granted by the City under the authority of Florida 28 Statutes section 337":401, ,et seq.; to a licensee in a license agreement to ; 29' construct, maintain and operate a telecommunications system and the necessary 30 poles, conduits, cables, electrical conductors; fiber- optics and digital 31 technology fixtures under, on, and over, streets, roads and any other public 32 ways, rights -of way, or easements within all' or portion, s of the City. The term 33 does not include any license or permit that maybe required by this article or 34 other laws, ordinances or regulations of the City for the,privilege ofitransacting 35 andI carrying on a business :within the City or if6rdisturbing, ;or carrying out any 36 work lon .any public rights -of- -way or for the installation, maintenance, operation 37 or provision of any telecommunications facility or 'service not expressly 38 granted by the City. 39 40 (i) "License Agreement" means a contract entered. into in accordance with the 41 provisions of this article between the City and a licensee that sets forth the Page 4 of 35 .ek '.•- o �r ,, s .. �. � �n€ ,��suca...�s.�+�.ra�a..�.:.�a�s . �s'-�;�, qtr'- .bus, +k�a:�sr .,�,� ._.,. a� �� � ..� �..W.�. , r� gym, �d _t�..� �s� r�- .x�nu,.,._,.. �s �,. �.,�,� ,a��..c,.�„ ,...' � ..� +.,�a'��Eixit�rX#�aP`�ifi�,�'- °° _ 1 (q) "Telecommunications Company Providing Local.Exchange Service" means 2 any local 'exchange telecommunications company and any alternative local 3 exchange telecommunications company, as defined in Florida Statutes section 4 364.02. 5 6 (r) "Telecommunications Company Providing 'Toll Telephone Services" is as 7 defined in'Florida Statutes section 203.012(7). 8' 9 (s) "Telecommunications Network or Network" means all facilities placed in the 10 public rights -of way and used to provide telecommunications services. 11' 12 (t) "'Telecommunications, Services" means all telecommunication - related services 13 by a telecommunications company, as defined by, Florida Statutes section 14' 203.0.12 (5) and (7)` and subject i6 ,:the provisions of Florida Statutes section 15 331.4011(3) and (4). 16'' 17 ' (u) "Telecommunications System "' means a system utilized by a 18 telecommunications company to provide telecommunications services and 19 includes any system of cables; wires, lines, towers, way guides, optic fiber, 20 microwave, laser beams, any associated converters, equipment or:,: facilities 21 designed and . constructed for the purpose of producing;, receiving, amplifying 22 or distributing telecommunications services to or from subscri bers or locations 23' within the City.` 24: 25 (v) "Trenchless Technology" means the ` use of directional boring, horizontal 26 driving and micro - tunneling and other similar techniques in the construction of 27- underground portions of facilities. 2s 29 (w) "UndergNOund Facilities "means all lines, cables, conduits, posts, tanks and 30 any other facilities owned or, operated by persons other than the City which are 31 located wholly or primarily underneath rights -of -way. 32 33 Sec. 13 -72. Municipal Right -of -way Use License Required. 34 35 (a) A license from the City is required, subject to the provisions ofFlorida Statutes 36 section 337.401, et. seq., to construct; operate, maintain, or I occupy a public' 37 right -of- -way with a system' designed to deliver telecommunications services. A 38 person may not use the City's public rights -of -way to deliver 39 telecommunications services in ; the City by means of a network unless the 40 person obtains a Municipal Rights -of- -Way Use License. 41 Page :6 of 35 Page 7 of 35 i 1 the prior, written consent of the City;,provided, however, that transfers to an 2 affiliate shall. not be considered a transfer subject to City approval if the 3 licensee gives the City notice of;any the transfer to an affiliate. 4 5 Sec. 13 -'74. Municipal Rights -of -Way Use License Application; Information 6 Required; Issuance. 7 8 (a) Any person desiring, to � install or operate a telecommunications system by 9 using public rights -of -way in the City shall submit an application to the City 10 Manager fora icense pursuant to this article. The application, in a form to be 11 prescribed by the C %ty Manager, shall describe the services the applicant 12 desires to provide, describe applicant's proposed network and identify the 13 uses of, and potential impact on th e public rights -of -way: A11: applications to 14 Construct, operate or maintain any telecommunications services system in the 15 the City for transitting or conveying City or to traverse ,any . portion' of m 16 service elsewhere shall be filed with the City Manager: To lie acceptable for 17 filing, an original and' It copies' o the application; m lust be submitted and be 1s Iwa accompanied by an a hcation filing fee of $2,50000 In a'dchtian, the City 19 may charge a supplementary application fee to reimburse the City for any' 20 Ir external `costs it incurs t, course of receiving an endienng a decision on 21 the application. 22' 23 (b) The City Manager shall have the duty to review applications submitted under 24 this article and administer its provisions regarding the .granting or denial of a 25 Municipal Rights -of Way Use License to applicants. The City Manager shall: 26 issue Municipal Rights -of- -Way Use Licenses and shall .administer and 27" enforce compliance with respect to all licenses gran ted under.this article. 28 29 (c) Each application for an initial license shall provide all information necessary 30 for review and approval, including the following: 31' 32 (1) The name, address and telephone number of the applicant. 33` 34 (2) The names and addresses of any parent corporation, parent entity, or 35 holding company that owns, or by ownership of other, entities, 36 controls the applicant.' 37 38 ' (3) A detailed description of the proposed plan of operation of the 39 applicant which shall include, but not be limited to, the following: 40 1 (i} A detailed map indicating all areas proposed to be served, a 2 proposed time schedule for' the installation of all, equipment 3 necessary to become operational throughout the entire areaj to 4 be served, a description of the construction, of the proposed 5 system, including an es ate of the above an d b elo tim w ground 6 mileage and the projected total cost of construction o ft 7 system. 8: 9 (ii) A description of the services to be provided initially. 10 11 (iii) Any other information:, as requested in order for the City to 12 comply with state or federal law. 13: 14 (4) A copy, of federal and state certification authorizing the applicant to 15 provide telecommunications services. 16 17' (5) Any other, reasonable information' which could materially affect the 18 granting of the permit and which is requested by the City. 19 20 (d) To the extent allowed by the public records law, the City shall. maintain as 21 confidential all proprietary information provided by licensee. Licensee 22 shall specifically identify all information submitted which is exempt from 23 disclosure under federal and state public records law, and shall identify the 24 nature of the exemption provide citations to the specific sections of federal 25 "` and state law which apply. 26 27 (e) The City Manager shall prepare a report to the City Commission regarding 28 the award of a license ,which shall: consider the criteria in this article and 29 shall contain the City Manager's recommendations concerning the 30 application. ` The City 'Manager shall schedule a hearing before the City 31 Commission to consider if the applicant has met the requirements of this 32 article. The City shall make a final determination on the.application within 33 4 months of the date a completed application was received unless it is 34 determined that the applicant has caused the delay. 35 36 37 38 39' 40 41 1 requirements of this article. The City Commission shall approve, or 2 disapprove if , it is determined that the applicant cannot comply with the 3 terms and conditions in this article, or take any other action it finds to be in 4 the public interest.' 5 6 (g) Within 30 calendar days after the awarding of the license, the provider shall 7 file with the City' Manager its written acceptance of the license, together s with the insurance policy and bonding documents required by this article 9 and its agreement to be bound by and 'to comply with all requirements to pursuant to the provisions of this article and the license. All material n statements and declarations made in the application shall be incorporated as 12 conditions of the license. The acceptance and agreement 'shall be in form 13 and content satisfactory o and approved by the City Attorney. 14 ls' Sec. 13 =75. Administration and Enforcement. 16 17 (a) The City Manager shall administer this article and enforce compliance with 18 a Municipal' Rights -of Way Use License granted under this article. 19 20 (b) A licensee shall report information that the City Manager requires in the 21 form and manner prescribed by the City Manager ;relating to the use of 22 public' rights -of -way for the right -of -way occupancy authorized by a 23' Municipal Rights -of- -Way Use License granted under this article. 24 25 (c) The City Manager shall report to the City Commission the City Manager's 26 determination that a provider has failed to comply with this article. 27 28 Sec. 13 -76. Term of License= Termination. 29+ 30 (a) No license, including a renewal license, shall be issued for a term longer 31 than 7' years. 32 33 (b) A licensee shall have a right to renew provided: 34 35 (1) Licensee is authorized by the controlling regulatory authority to 36 provide telecommunications services in the *-and, 37 38 (2) Licensee has complied with all material provisions of the license. A 39 material breach shall not be the basis for a refusal to renew unless 40 the licensee has been provided 60 -day5 written notice and 41 opportunity to cure and has failed to cure the breach. Modifications Page 10 of 35 Page l l of 35 1 within a conduit or duct -bank owned by another permittee, the 2 license fee shall be based on the same amount for all 'non- 3 governmental entities subject to the requirements of this 4 owever shall the fee be less than article; except in no event; ho' 5 $500.00 per linear mile per annum; 6 7 (iii) Upon the effective date of the adoption of this article and,in s' accordance with the provisions of the.; preceding sub - section 9' regarding "Toll Telephone Service," the following fee 10 schedule is.established as follows`: 11 12 ` ANNUAL FEE: 13 14 First 50 linear feet of pathway or less $250.00. 15 Each linear, foot of pathway, over,, 50 feet up to 16 and exceeding a linear mile ` $500.00 ' 17 Each linear mile $500.00 18; 19 (3) Non- Monetary Consideration: To the extent allowed by federal and 20 state law, the City may accept non` monetary consideration from each 21 provider, which ,shall be exclusively, 4I sed by.the :City and shall not 22 be resold, assigned, transferred or used -by third parties without the 23' express, "written consent •Of a licensee. ,' To the extent not expressly 24 prohibited' by applicable law and as provided in this article, a 25 licensee may agree to furnish to the City non - monetary consideration 26 in the form of telecommunications : services; network capacity, 27 conduit, or other infrastructure, valued at the provider's direct cost. 28 The City Manager` shall apply a credit or an offset for any non - 29 monetary consideration received to the ,annual right- of-way rental 30 fee. The City Manager shall publicly idisclose the form of non- 31 monetary consideration and the credit amount. 32 33 (4) Fees From Certain other Telecommunications Services Providers. 34 Every person providing telecommunications services defined in 35 Florida Statutes section 203.012(7), or any private 36 telecommunications system, other than a provider receiving 37 recurring local service revenues within the City, shall pay as a fee to 38 construct or maintain its facilities; a fee equal to 12.5 ¢ quarterly per 39 linear foot of cable, fiber -optic or other pathway that makes physical 40 use of the public rights -of -way. 41 Page 13 of 35 1 ' (b) In the event that the license fee authorized by . federal, state or local law 2 shall be increased or decreased beyond the fee specified in this` article or the,, 3 license` agreement. the City shall be authorized to unilaterally amend this 4 article to provide for the license fee authorized by -federal, state or local law. 5 6 (c) The license fee shall be due quarterly, based upon licensee gross receipts ; during the preceding quarter. The quarterly fees shall be submitted 8 according to the following schedule and shall be made no later than 45 days 9 following the end of these periods: January=March fees die May 10th; 10 April -June fees due August 10th; July- September fees due November' 10th; 11 October- December fees! due February 10th of each year. Accompanying 12 each payment of license fees, the llicensee 'shall file a report on a 'form 13 provided by he City 1V1 „anager, of its calculatioin of thei license fee payment, 11 14 stating its gross and how gross receipts were calculated, on 15' existing linear feet of able, fiber- optic, or other pathway. 16„ 17 (d) If the license fee is not received by the City, within the period, the licensee 18 : shall pay interest 'on any the "unpaid portion at the rate of 18 %o per year, 19 from the day payment is due until' the date 'of payment to the City. The 20 licensee shall reimburse the City for the actual and reasonable out=of- pocket. 21 ` costs, including attorneys' fees, of the .City associated' with collecting any 22 sums of money, the licensee is required, to remit to the City, provided the 23 amouqcollecte4:1, exceeds the amount paid by 5 o. 24 25 (e) The sums of money to be paid by the licensee to the City under this article 26 are compensation and consideration for the use by the licensee of the public 27 rights -of -way, for the construction, maintenance and operation of the 28 system and are not taxes, as allowed by the Florida Constitution, the general` 29 or special laws of the State of Florida or, any, other ordinances of the City. 3o Payments by licensee shall be as allowed by Florida Statutes section 31 337.401 (1) and (3) and shall not exempt the licensee from the payment of ti 32 any other permit fee, occupational fees, tax or charge on the business, 33 occupation, property, activity, or income of the licensee that may be 34 imposed by federal, state, or local law to the extent allowed by ' 'e laws, or 35 for any special assessment. 36 37 Sec. 13 -77. Audits; Review, Inspection of Books, Records and System. 38 39 (a) All amounts paid under this article shall be subject to a yearly audit and re- 40 computation by the City on 30 7day's written notice. The licensee' shall: 41 make available to the City once per year, during normal business hours and Page 14 of 35 38 operations in the City and shall he of sufficient scope to allow 39 independent ascertainment of the licensee's compliance with the 4 40 license fee requirements of this article. A11 reports 'shall be prepared Page 15 of 35 1 in accordance with generally Accepted Accounting Principles 2 (GAAP) 3 4 (2) The fall legal name of the licensee as of that date. s 6 (b) Licensee shall provide City with notice of any petitions, applications, communications, and reports submitted by the licensee to the PSC', the s FCC, or any other federal or state regulatory commission or, agency that 9 affects the licensee's utilization of public rights -of= 'Way in the City. 10 if Sec. 13 -79. Transfers of Control; Sale or 'Assignment. 12` 13 Licensee shall have no right to assign the license; in whole, or in part, without prior 14 writt en consent of the City, which shall not be unreasonably held 'or delayed.: Any 15 attempt by licensee''to assign the license without the consent;shall be null and void.` 16 Consent shall be deemed, granted within 90 days of ':any .request unless the City 17 finds that the ,proposed assignee or transferee lacks the legal, financial or technical 18 qualifications to operate license system. Notwithstanding the foregoing; licensee. 19 may assign the license without City consent to any affiliate or entity which 20 controls, is controlled iby, or is under common control ,with licensee, provided that 21 the assignee agrees in writing to be bound by the terms and conditions, of this 22' article and the license. 23 24' Sec. 13 -80. Use of City Public `Rights- of-way; Construction Requirements: 25 Alteration of System; Access by City. 26 27 (a) A licensee is subject to the police powers of the City, other governmental 2s' powers, and the City's rights as a property owner under the state and federal 29 laws. A licensee is 'subject to all applicable federal, state and City 30 regulations, in connection with the construction, expansion, reconstruction, 31 maintenance or repair of facilities in the public rights =of -way. 32 33 (b) 34 35 36 37 38 39 40 41 1 a by and pay all fees to the City. The issuance of .permit J the i City, shall not 2 be :construed b i - the licensee as :,a warranty that the Placement by the ,y f,e� licen 3 licensee Of its conduits, , cables or pole 'lines, facilities„ . ,: or the start of 4 Construction is in 'compliance with any applicable rules regulations or 5 laws. within public All construct" n''An'd-mairitenaftce of licensee facilities IM: 6 n ights -,of- -w ay and easements: incident to licensee provision of service, 7 regardless of who performs installation' sand construction, s hall be an d 8 remain the responsibility Ofthe'licensee.1 9 10 (c) A licensee shall place ''fdoifities underground according to applicable City 11 requirements. 12 13 (d) At the City's request,: a Jicensee shall furnish the Cit y accurate,, and 14 complete information rdlatingl,to, the construction, removal, maintenance, 15 operation And re' air of facilities p the ipensee:, in performed: by i I* public 16 inf6rindtion furnished is erroneous as o the �- location rights -of- -way. If an t" 17 of facilities,;. and " ol, n this information results, in construction delays 18 or addition: , 0 , ,,expenges, the licensee who � furnished the erroneous 19< information shall be liable to the City for the cost 6f,: delays i and the 20 additional expenses. 21 22 (e) The construction: expansion, reconst'ruction, excavation, use.- maintenance 23 and operation of licenseelis, facilities, and property, are, subject to applicable 24 City requirements. 25 26 (1) A licensee shall:Derform excavations and other construction in the 27 publ.ic rights-of-way in accordance, with all applicable City 28 requiremei I its,: including the 'Jobligation - to use trenchless..technology 29 whenever possible. The Director of Publio-Works shall waive the 30 t, Dire e'tor requirement of trenchless technology if the ', that 31 field conditions warrant the waiver. A licensee: shall minimize 32 interference with the use of public and private, property: and shall 33 follow the construction directions given by the City. 35 (2) When a licensee completes construction work, a provider shall 36 promptly restore the public I fights-of-way to equal- or better prior 37 condition, at the direction of the City. A licen'see may excavate only 38 for the construction, installation, expansion, repair, relocation, 39 removal and maintenance of provider facilities. 40 Page 17 of 35 1 (3) The City encourages each licensee authorized; to construct facilities ' 2 in the rights of way to construct 'those facilities so that they are 3 cap able .of collocation. The City also encourages any, licensee whose 4 facilities are capable of collocation to allow other persons to 5 collocate, subject to reasonabl& and non- discriminatory terms and 6 conditions negotiated between the parties. 7: 8 (4) A licensee; shall furnish the Director of Public Works and the 9 Building Department with construction plans and maps showing the 10 routing of new ` construction at east '45 days before beginning 11 construction',, thatuivol'ues,'an alteration to the surface or subsurface 12 of the publ }c right -o£ way. ;A licensee may not begin construction 13 ' ��'�� a pro" wriin b the until the plans and d�awi gsi have been pp g y 14 Director Of,! c Works ''an'the Building Department, and a permit 15 is issued. 16 17 (5) If the City Manager declares an emergency and requests the removal 18 or abatement of facilities; by written notice, a' licensee shall remove 19 orL abate the licensee's facilities by'the I deadline provided by the City 20 Manager. A licensee and the City shall cooperate to the extent 21- possible l to assure continuity of service;. If a licensee, after notice, 22 fails or refuses to aMt, the City may remove or abate the facility, at 23 the sole cost and` expense of the licensee, without paying 24 compensation ao th e,�i licensee and. witho Lit the City incurring liability 25 for damages. The, closes incurred by the City shall be alien on tfie 26 property of the licensee. 27 28 (6) ma y ! .not. e x cavate the Pavement Except ' m an emergency, licensee ,. 29 of a public right =of- -way '� without first complying with City; 30 requirements. When work' is performed on an emergency basis, 31 licensee must apply for a permit by the following business day. In 32 all instances, licensee shall restore' all damaged property to the City's 33' specifications and indemnify the City for any and all damages caused 34 by the licensee's emergency work. 35 36 (7) Within 60 days of completion of each new segment of a licensee's 37' facilities' licensee shall supply the City with a complete set .of "as. 38' built" drawings ' for the segment m a .format prescribed by the 39 Directors of the Building and the Public works Departments. A 40 licensee must obtain City, approval before relocating licensee's 41 facilities in the public rights -of -way. The City may not unreasonably Page 18 of 35 Pap 19 of 35 Page 20 of 35 1 provide landscaping sufficient to minimize visual impact, and as approved 2 by the Environmental:, Protection Review Board.' 3 4 (b) Licensees shall not place any facilities, fixtures or equipment where they s will interfere with any. existing,, gas, electric, CATV, telecommunication, 1 1, 6 telephone, sewer, drainage or water lines; fixtures or equipment..: Licensee 7 shall not place facilities;, fixtures or equipment so as to interfere with any s other persons or companies ;lawfully using the .public rights -of- -way to 9 service residents of 16, e. City. The licenseee shall locate, its linen and 10 equipment in the a manner that -does not interfere unnecessarily with travel 11 on public rights-of -way; with; the installation or, operation of gas, eectric, 12 CATV, telephone' water, drainage or o sewer mei equipment, -or w }th the 13 rights or reasonable convenience of owners of property which abuts any 14 public rights- of-way. 15' 16 (c) Licensees shall relocate any aboveground portion of the systems 17 underground in any easement or right -of -,way area when existing power or 18 telephone facilities are relocated. Relocation shall be at licensee's expense, 19 and the relocation- be accomplished concurrently with relocation of 20 power or telephone facilities. 21 22 (d) Licensees shall have ,the authority and the duty to trim trees on :or hanging 23 over public rights =of =way in order to prevent the -branches of the trees from 24 coming in contact with the wires and cables of the licensee. At the option 25 of the City, the trimming may be done by it or under its supervisionr and 26 direction at the expense of the licensee; if prior notif cation has been given 27 to the licensee and Ilicensee has failed to respond. 2s protect, su ort 29: (e) ..Licensee shall promptly and at licensees own expense, ,p ote t, pp , 30 temporarily' disconnect,' remove, modify ,or relocate any part of the system 31 when required by the City by reason of traffic conditions, public safety, 32 road construction, change of street grade, installation of , sewers, drains, 33 water'pipes power lines, signal devices; tracks or any other type of City 34 irnproyement project, or to accommodate the abandonment of any street. 35 Licensee shall bear:: the costs of any the removal or relocation that meets the 36 requirements of Florida Statute 'section 337.403. The work shall be 3� completed no later, than 180 days after receiving notice from the City, or the 38 longer period as may be agreed to by licensee and the City: In the; event the 39 licensee fails to remove or modify 'its system, the City may„ upon notice to 40 licensee, make the necessary removals and charge the licensee for the cost. 41 1 > (f) Each licensee shall, on the request of any person holding a building moving 2 , temply remove; raise or, lower its wires to permit issued by the City orari 3 ` permit the .moving of buildings. The expo'n96-�d'lih e emporary removal or 4 , raising or lowering of wires shall be paid by the person requesting the s service, and the licensee shall have the authority to require'the pavement in 6 advance. Licensee shall be given not' less than 7 days advance notice to 7 arrange for the I temporary "wire changes. g 9 (g) All service lines, drops or lateralsi that connect the end user, customer to 10 licensee distribution system shall be buried as follows. 11; 12 (1) On easements ia nd public rights -of -way at the depth as established 13 by the Public Works Director. 14'' 15; (2) On private property at a sufficient depth so that no, portion of the line 16 is exposed.' 17 18 (3) The Public Works Director may impose a specific depth requirement 19 for the lines on private property. 20 21- Sec, 13 -85. Work in the Rights -of -Way and Easements. 22 23 (a) A licensee must obtain ;any required permits before causing any damage or 24 disturbance to rights -of,=way as a result of its construction or operations and 25 must restore to former condition the property in a manner approved by the 26 City. If the restoration is not satisfactorily performed within a reasonable: 27 time, the City, after 10 -days notice to the licensee, mmy;cause the repairs to 28 ' be made at the expense of the licensee. All additional or, recurring repairs 29 required as a result of licensee work may , also be made by the City or its 30 agents at the expense of the licensee if licensee fails to perform the repairs. 31 32 (b) All personnel utilized by the licensee in the construction of licensee's- 33 system shall possess . identification providing the individual's name, 34 employer's name,' and licensee's name and telephone number. 35 36 (c) The licensee shall join and maintain a continuous membership in Sunshine 37 State One -Call and use its services prior to construction. 38 39 (d) Only certified contractors may be utilized for construction. 40 41 Sec. 13-86. Safety. Page 22 of 35 Page 24 of 35 Page 25,of 35 Page 26 of 35 1 with the City. The City may decrease the required policy limits for the 2 licensee whether or not policy limits have been decreased for other 3 ` licensees. 4 s (fj The licensee shall file and maintain proof of insurance with the Risk 6 Manager of the City during the term of a license. An insurance certif cate 7 obtained in compliance with this ,a 'article is subject: to City approval, and in 8 addition to all other requirements under this article, the'. in certificate 9' must contain the following provisions: 10 11 (1) Provide that notice of claims shall be provided to the City Manager 12 by certified mail; and 13 14 (2) Provide that the terms of the municipal license which impose is obligations on the licensee concerning liability, duty and standard of 16 care, including the indemnity section, are included in the policy and 17- that the risks are insured within the policy terms Ana, conditions.' 18' 19' The City may require the certificate to be changed to reflect changing 20 liability limits. A licensee shall immediately advise the City of actual or 21 potential litigation that'in develop that would affect insurance coverage 22 related to a municipal. license.' 23 24 (g) An insurer has no right of recovery against the City. The required insurance 25 policies shall protect the licensee and the City. The licensee's insurance 26 shall be primary coverage for losses covered by the policies,. 27 28 (h) The policy clause "Other Insurance" shall not apply to the City where the 29' City is an insured under the policy. 30` 31 (i), The licensee shall pay premiums and assessments. A company which 32 issues an insurance policy has no recourse against the City for payment of a° 33 premium or assessment. Insurance policies obtained by a licensee must 34 provide that the issuing company ',waive all right of recovery_ byway of 35 subr`ogation' against the City in connection with damage covered by the, 36' City. 37 38, (j) The licensee shall provide proof to the City of compliance with this article 39' no later than 60 days from the date of the City Commission ordinance 40 approving the grant of the license. Failure. to provide the City, with proof of .�..� xvil,cw„ W,4 famk .,nm mwa„� ow4 w , r :aw•'<�s � � a - � ® � m �`�` "'�tza � W���u�'��,��a��i . EC��ss��k��� ,�, }�tr�� >.��x�.��,���k�x m tMAk �,d"aty 1 Sec. 13.100. ,'Failure to Enforce License. 2' 3 The licensee shall not be excused from `complying with any of the terms and 4 conditions of this article by any failure of the, City, upon any one or, more s occasions, to require licensee's, performance compliance. 6 7 Sec. 13 -101. Authority of City Manager. 8 9 (a) The City Manager shall have the responsibility for overseeing the day -to- 10 day administration of this article and authorizations granted under this 11 article. The City 'Manager may, through the City Clerk; administer; oaths, 12 certify official acts and issue subpoenas, compelling th6'A ttendance of 13 witnesses and the p..rodu6tion of papers, ' account books) ' .contracts,' 14 documents and other records, data . or, information, when necessary, 15' convenient or appropriate' ir1 the discharge 'of the duties of the office. The , 16 ` City Manager, shall be empowered to take 4111, admmi9trative actions on 17 ` behalf of the City, including adopting fo s for application: and reporting 1s and their administrative;'' rocedures as are ;necessary. 19' 20 (b) The City Manager shall exercise jurisdiction and have the power and 21 authority to supervise each licensee; in accordance with the' standards set by 22 the provisions of this article. 23 24 ` (c) The City Manager shall have the authority to initiate legal actions in the 25 name of the City through the City Attorney, seeking declaratory judgment, 26 injunctive, equitable and legal' relief to enforce the provisions of this article. 27` 28 Sec. 13 =102. 'Enforcement; Settlement, Authority, Notice and Cure Provisions. 29 30 (a) Any of the following shall constitute an Event of Default under a license 31 ` granted under this article: (1) breach of any provision of a-1*, cense requiring 32' licensee to make any payments to the City; (2) substantial breach by 33 licensee of a material provision of a license; (3) failure by licensee to 34 comply with any of the provisions, terms .or conditions of this article or with 35 any rules, regulations, orders or other directives of the City; or (4) any act 36 or omission of the licensee which' is not in compliance with any of the 37 provisions of a license granted under this article. 38 39 (b) The City shall notify licensee in writing . of any Event of Default. The 40 notice shall specify, the alleged breach with reasonable particularity and j 41 shall provide licensee with 3:0 days to cure the default. Licensee shall either Page 31 of 35 ®a ®_ ® y r 1, the City Commission shall be',by resolution and a copy of the decision shall 2 be forwarded to the City Manager, and the appealing party. 3> 4 (b) Within the time prescribed by the appropriate' Florida Rules of Appellate s Procedure, a party aggrieved by a decision of the City Commission may 6 ` seek review' of an ' adverse decision in the Circuit Court in and for Miami Dade County, Florida, Thep making the appeal shall be required to pay 8 to the City Clerk a, fee to be established by administrative order of the City 9 ` Manager, to defray the costs of preparing the record on appeal. The fees 10 referred to 1, n this section shall be effective upon approval by the 11 commission. 12 13 Sec. 13 -105. Civil Violations. 14 15 ` It shall be unlawful to violate any provision of this article of the City Code of 16 Ordinances. Each day a violation of this article occurs constitutes a separate and 17 : distinct offense. 18' 19 Description of Violation Penalty 20'' 21 Operating a Telecommunications System 22 Without a City License ' $ 5,000.00 23< 24 Failure to comply With Record and Reporting 25 Requirements 500.00 26 27 Failure to Obtain Approval to Transfer a License 500.00 28 29 Failure to Comply with Construction and Safety 30 Requirements 500.00 31 32 Failure to Bury Distribution System 100.00 33 34 Failure to Maintain Insurance' 500.00 35 36 Failure to Maintain Faithful Performance Bond or 37 Letter of Credit 500.00 38 Unauthorized Use of Public Rights-of-Way 500.00 39 Unauthorized Placement of facility 500.00 40 b. A renewal of a Telecomrnunications System License? C. A transfer,of an existing Telecommunications System? 2. Where, if at all the Applicant i intends to interconnect its system with 'other Telecommunications Systems, Qpen Video Systems `or cable systems in South Miami. 3 . Provide a scaled blueprint map. of the proposed service area visually indicating the inforination required by this Part. 4. Has the Applicant reviewed the construction standards utilized by the City ? , Provide a schedule and, completion date for development and construction of the Applicant's proposed Telecommunications System. 5. Please describe the Applicant's proposed Telecommunications. System maintenance plan. 6. Please identify all federal, state and local franchises, licenses, permits or` certificates which you are required to..obtain in.orderto construct and operate a Telecommunications i System forthe`purposesdescribed by the Applicant in Part B of this Application. 7. Has the Applicant obtained certificates of authority from the Federal Communications Commission (FCC) and the Florida Public Service Commission (PSC) necessary in order to legahy begin construction of the purposed Telecommunication System as well as the other permits licenses, certificates or franchises listed in Quesfon 6 9 ' If please attach proof that each certificate was' obtained from the FCC and the PSC. If the Applicant has, not obtained all necessary certificates; has the Applicant applied for such authority? If so"L please provide a copy' of the applications pondinj for each certificate, permit, license; franchise or other authorization not- yet obtained. If applications have not yet been filed, when will they be filed? 3 8. Provide a preliminary traffic control plan in accordance with the Florida Department of ATTACHMENT "A" r 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY Additions shown by underlining and deletions shown by ^.,leg -2- 1 r (3) The term "quasi- judicial personnel" shall refer to the members of the I 2 Planng in Board, the Environmental Reviqw qnd., Preservation Board, the 3 Code EnforcementBoard and such other individuals, boards and agencies 4 of;the City as perform quasrjudrer °al functions. 5 4 � The term "advisory rsonnel" shall refer to the merzbers of those Ci ry p � 6 aduisary boards and agencies whose s.ol'e or primary responsibility is to 7 recommend legislation, or give advice to ,the ,City Commission. 8 The term "departmental Personnel" sh" all'refer� to the City Clerk, the City 9 Manager, department heads,1 the Crty,Attorney, and all assistants to the City 10 Clerk,, City Manageri'Iand City, attorney, however titled. 11 6) The term ernplo, ees, I hhall- ,refer to all other ,personnel employed by the 12 Cc 13 (7) The term "compensation" shall refer to any money, gift, favor thing of 14 value or financial benefit conferred, or to be conferred, in return for 15 services rendered or to be'rendered. 16 (8) The term "controlling financial in eresei shall refer to ownership, directly 17 or indirectly, of 10 %, or more; o the outstanding capital stock in any 18 corporation or a direct or indir64 interest of 10% or more in a firm, 19 partnership, or other business entity at the time of transacting business with 20 the City. 21 .(9) The term "immediate family" shall refer to the spouse 'parents, children' 22 brothers and sisters of the person involved. 23 10 The term "transact any business" shall refer to the purchase or sale by the 24 City of specific goods or ;services for consideration and to submitting a 25 bid, a proposal in response to a RFP, a statement of qualifications in 26 response to a request by the City, or entering into contract negotiations for 27 the provision on any goods or services, whichever first occurs. Additions shown by underlining and deletions !shown; -3- 1 (c) Prohibition on ransacting'business with the City. No person included in the 2 terms defined in paragraphs. (b)(1) through (6)� and in paragraph; (b)(9) shall enter 3 into any contract or transactt, any business in which that person or a member of the 4 ' immediate family has a financial interest, direct or indirect with the City of South 5 Miami or, any person or, agency acting for the City of South lUliami, and any such 6 ` ntr a reernent or busm co act,. g ess eng "agemnt entered; in violation of this 7 sub ection' shall render "" the transact" "ion voidable" Willful violation of this 8 subsection ;shall constitute'malfeasance �n 1office'and shall efect forfeiture of 9 office or position. Nothing'; rl', "thi's' subse,ctipri shall 'prohibit "or .ake illegal (1) the 10 payment of taxes, special a 's�ssrzints or fees for, services proulided,ny the City 11 goyernment; (2) the purchaselpo,f bonds,' ticip,ation notes or abet securities that 12 may be issued b the Ci . thirou 'h lunderyvt�'ters or directl {from time to time: 13 14 Waiver of prohibition. The requirements ;of this subsection may, be waived for a 15 particular transaction only by four affirmative votes of the City Commissionafter 16 public hearing upon finding that: 17 An,open- to- all'sealed competitive proposal has been submitted by a City ; 18 person as defined in grap parahs (b)(2), (3) and (4), or, 19 (2) The proposal has been submitted by a person" or flrrn offering services 20 within the scope of the practice of architecture, professional engineering, 21 or registered land surveying, as defined by the laws iof the State of florida 22 and pursuant to the provisions of the Consultants' Competitive Ne otiation 23 Act, an' d when the proposal has been submitted by a City person defined 24 in paragraphs (b)(2),(3) and (4) or, 25 ) The property or services to be involved in the proposed transaction are 26 unique and the City cannot avail itself of such property or services without Additions shown by underlining and deletions shown by -4- 1 ` entering a transaction which.would violate this subsection but for waiver 2 of its requirements, and , 3 Th at th e proposed transaction 1 1 be in the best intere st of the ' City. 4 i 5 This subsection shall be applicable only to prospective transactions, and the City 6 Commission rnay.in no case ratify a transaction entered in violation of this'subsection. 7 8 Provisions cumulative: This subsection shall be take Ao be cumulative and shall not 9 be construed to amend or. 'rep eal any other law pertaining to the same subject matter. 10 11 (d) Further prohibition on transacting business with the City. No person included' 12 in the terms defined in paragraphs (b)(1) through (6) and - m paragraph (b)(9) shall 13 enter into any contract or transact any business through a firm; corporation, 14 partnership or business entity in which that person or, any member of the 15 ` immediate fainly has a controlling financial interest, direct or':indirect, with the 16 City or any ;person or agency acting for the City, and any such Contract, 17' agreement o . r!i business engagement entered in violation of this subsection shall' 18 render the transaction voidable. The remaining provisions of subsection (c) will'' 19 also be applicable to this subsection as though incorporated by recitation. 20' 21` Additionally, no person included in the term defined in paragraph (b)(1) shall 22 vote on or participate in any way in any matter presented to the City Commission 23` if that person has any of the following relationships with any of the persons or 24 entities which would be or might be directly or indirectly ,affected by any action 25 of the City Commission: (i) officer,' director, partner, of counsel, consultant, 26 employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or' 27 creditor, if in any instance the transaction . or matter would affect the person> Additions shown by underlining and deletions shown by -5- �6�. MINIM lim a �a . Additions shown by underlining and deletions shown by -6- L (ii) A legal duty performed or to be performed, or, 'which could be 2 performed, or an omission or failure to perform a legal duty; 3 (iii) ` A legal duty violated or to be violated, or which could be yiolated by 4 an erson included inahe term defined m :,.ara ra' fi b. 1 • or Yp p g_ p O( ) ;__ 5 (iu).; Attendance or absence from; a public meeting at wh clib vial action 6 is to be taken. 7 Disclosure. Any person included in the term defined. in paragraphs (b)(1) 8 through (6) shall disclose any I gift, or series of gifts from'anyone person or 9 entity, having a value ir�i excess of $25.00. ; The disclosure'shah be made by 10 filing a copy o,f; the disclosure form required. by 'chapter 1.12, Florida 11 Statutes, for "local officers" with 'the City Clerk simultaneously with the 12 filing of the form with the l;erk of Miami -Dade County and with the 13 Florida Secret of State. 14 15 (f) Compulsory disclosure by employees of firms doing business with the City. 16 Should any person included in the terms defined in paragraphs (b)(1) through (6)' 17 be employed by a corporation, firm, partnership or business entity in which that 18 person or the immediate family does not have -a controlling financial interest, and' 19 should the corporation, firm, partnership or business entity have substantial 20 ` business commitments too from the City or any City - agency, or be subject ,to 21 direct regulation by the City or a City, agency, then the person shall file a sworn 22 statement disclosing such employment and interest with the Clerk of the City of 23 South Miami. 24 25 (g) Exploitation of:official position prohibited. No person included in the terms 26 defined in paragraphs (b)(1) through (6) shall corruptly =use or attempt to use an Additions shown by underlining and deletions shown by -7- Additions shown by underlining and deletions shown by ^;•°r te -8- Additions shownlby underlining and deletions shown by -9- Additions by- s how n underlining and deletions shown by eve 1 bid, request for ruling or other determination, contract, claim, controversy, 2 charge, y accusation, arrest or other particular. subject matter in which theJ City 3 of South 1Vl am or one of its agencies is a parry or has any interest whatever, 4 whether direct or;.indirect: Nothing contained in this subsectionshall prohibit'> 5 any individual froth submitting a routme.administratiue request or application 6 Ij to a City department or agency during the. two year period'afte',r his or her T service has tel 8 (2)The, provisions df the, sp'bsection shall not apply to .persons who become: 9' employed jby governmental entities, 501(e)(3) non - profit entities or 1.0 eductionalj institutions o'r entitiesand who hobby on behalf Qf those entities 11 in their official capacities. 12 (3) The provisions of this,,subsection'shah apply to all persons described in 13 paragraph (p)(1) wh'o'seflty service or employment ceased after the effective 14 date of this l ordinance. 15' (4) No pers;6#' descr%bed i paragraph (p)(1) whose City service or eiployment 16 ceased with �twq ,� �eas� pnor to the effective date of this ordinance shall for 17 a per o s r his or her 'service or employment enter into a 18' lobbying gontraG,t any ci �;' official Jn connection. with any subject 1.9 described in ark a' II1 in which the Ci or; one of its a' encies is a 20 party or has any dir�'c�; and: substantial interest; and in which he or she 21 artici 'ated d�rectl qr i' directl hirou ' h decision, a rAval, disc roval,` 22 recommendation; the ren eying of advice, investigation, o otherwise, during 23 his or her' City service or employment. A person participated "directly ", 24 where lie or she 'was substantially involved in the particular subject matter' 25 through 'decision, apprgy4l, disapproval, recommendation, the rendering of 26 advice,' irtvestigatio'n, ;or 'otherwise, during his or h'er City service or 27 employment. A' ppoon,participated "indirectly" where he or she knowingly Additions shown by underlining and deletions "shown by estg. -12- 1 professional staff including, but not limitedta, the City Manager and his or. her 2 staff. The Cone of Silence shall not apply, to communications with "the'; City 3 Attomey and his or her, staff. 4 (2) Procedure. 5 O A Cone, of Silence shall "b "e imposd.upon each RFP RFQ and bid after the 6 advertis'cment of the RFP, RFQ l bid. ,At the time of imposition of the 7 Cone o Silence, the City Manager, or his, or her designee,; shall provide; for 8 public ziotiee of the Cone. of Silence: The City Manager shall include in 9 any,pulllc solicitation for goods; and services a statement disclosing the 10 requirements of this ordinance. 11 ! (ii) The Gone,'of Slence'shall terminate at'.the time' the Manager makes his or 12 her written recommendation to the City Commission;" provided, however, 13 that if tie e'omtnission refers thetmanager's recommendation back to the 14 I' manager; or staff for :further review, the Cone of Silence shall be re- 15 impose;''ti, "'til''ithe manager'rnake's a "subsequent written recommendation. 16 I (3) Exceptions. N1 i t „ iThe provisions of thfg ordinance shall not apply to oral 17 commune � "ationsi at pre - 60,;onfpre ices, oral presentatioris'��; before �selection 18 committe'e's, "con act negotiations during any duly noticed public meeting, 19 ` public ,presenations made to the City Commissioners during any duly noticed 20 public meets or cprrinw�iieations in Writing at an iGime wi an city 21 employee1'Iloffcia7 JJs or member of the'City Commissions unless specifically 22 rohibitedi,b the; a ;i licab.le RFP, 'RFQ or bid documents. The bidder or 23 Hill proposer' si�ialll file a,opy of any written communication 'with the City Clerk.' 24 The C „leek shall) make'co ies available to an erson a on re, vest. 25 (4) Penalties 1, In addition to the penalties provided in subsection 8A -2(p), 26 violation 40S subs'ection'by'apartcular bidder or proposer shall render any 27 RFP awar�I, OQ award or bid award to the bidder or proposer voidable. Any Additions �l shown" b�, underlining and del�tions shown by -14- Additions shown by underlining and deletions shown by est -15- 1 Ethics and Public Trust; or may addressed as prodded in :this section with 2 appropriate provision made by the City Commission for the fair and effective 3 investigation and determination of issues. 4 ` (c) Probable cause determination. A preliminary investigation of a;legally sufficient 5 complaint shall be undertaken by the City Attorney. to .determine whether. where 6` is probable cause,to beheve that a uiolation:has occurred.,; If; upon completion of 7 the preliminary investigation, 'lthe City Attorney finds . no probable .cause to 8 believe that a yio)ation has been committed; IthellC Attome shall ,;dismiss the 9 10 complaint; with he issuance o a report to lthe complamant; .the respondent and Ithe Gi Commission. If�hei Attbriie� finds111.�IIIIm the, rel�imin inlesti ation I 11 12 probable! cause to behe�e that Ial,uio:lati'I n has lbeen'commiited, he dr Ishe shall' notify, certified m lil,' the' 1 'oml 1 mart and l Ithe res ond'enta in writ'' fY, p 09. 13 ` d) In�esti ationsll. Inuesiti atons; ;js II lalll� ibe`i con llu,'�ted b thel Ci Atto e , with' 14 15` 16 17 � II 'I 'I '� assistance from a; de ;;rtmentlhead the City 1�Iana Or ; Ithel `Olil 1 I. alle ations o fl the lc,on ,faint; Ibptl 11,11 �I I ' I 'I� , II II, persons ma teriany,xelated,lltbll ith ,pr �I II I; I Ii I I other.de artmentl Ileronne�l if re. nested of . I III I, I � I•�� II � � "� Inyesti ations jsI111b;ell limited to the � elan mvestii Iatioriiof all Facts .and 1 III , III I I iplamt a n'slsue. h I'Aoli`rie,,I!Il I, Khalilclu'11 "I 11 �I Io I. �I I ,I�, �� �� ,I�� 18 19 20 21 I, I 1�I�,I III Ili 1 e Public Recolr TII the �'o ds , '1 1 rn „� t� l I :,I,, rolimin I investi ab hi shale 119, Florida Statut'es,; ullnle'ss'I althe (f) Subpoenas: The'ICity 111111 tton I I�.�II I III: I I. lr��eed� S � arrd ,other records relatin to the ,�I'ml?`G recQrc under the rovision$� of cha ter I i l 1;1 I I I ils� s ect 11 all exem t chal ter llli 19. "I��i1 iI I� be g emp'low red to make application to any ; e��i �d ti I, �I lyl sha�ll'I IF 22 23 24 circuit court of this ;S,tate; wlwliich'I,ishlalll TNII H'' 1 I I'i1 spear and producelllleuidernce, d:l I question at an sta le j O f th rbceed haven 'ui sdiction to order wil esses to 11 rnony toughing on any issue in faint. Ari on ;1'I �'�ho fails to � 11,1 ' II'11I oI give tesllt III I I Il Ion a Goiri I I III a court of law. 25 I I I I obey the or'de'r mlay'l,be!,pu 1''shled in � 'll 1 Attorrie 26 (') Final hearin onl Glom faint. The ,Ci 1 schedule a final public 27 ` �I l hearing on a comW4inj: before the I Ci 'I Manage' F Adequate notice hall be given II Additions shoes Iby underlining ands II eletions shown by eig. -16- 1 (m)- Termination of proceeding. A proceeding on a complaint shall terminate in 2 the event the respondent dies in office, leaves office for any reason or is 3 permanently separated from ; employment with the City , ", or enters into a 4 settlement agreement with the City Manager. 5 Cn) Appeal and judicial review. Am aggrieved respondent may appeal an adverse ndin ihatin, o of a vog the ommssion. Review bY ' the ! City 7 Commission sha1:1 be on the lrecord .and limited to determining whether the 1) 8 respondent was afforded procedural due ;process; 2) findings of fact are 9 supported by s'ubstant'ial co mpeteit evid'erice sand 3) ,conclusions are correct 10 { as a matter,of;1'aw An aggrieved respondent must first e; aust'its right to an , 11 ,, appeal to the City!Com''is'sion,before seeking revieiw, 'yj'the circuit court for 12 ` Miami -Dade Co ty '��� ����� eOO!" 11 r lhy�the ci�rcuit�ceurt I, s�h��fl.�be pursuant to the 13 Florida Rules of Appellate Prpc'edure: 14 15 (o) Proceedings by the M ainirDade Commission on Ethi cs and the Florida' 16 Commission on Ethics. To the maunum extent allowed by law, the Miami- 17 Dade ;Commission onl Ethics anl' the Florida Cornrnission on Ethics 'shall " 18 abate proceedings on any complamf iwhich is filed by the wine complainant 19 again t the same res opent� aniiYoluiir substantiall identical facts,' until . 20 the City completes its Iproceedings'o' p� the complaint. The iC shall promptly 21 notify the Miami -Dad, Commissjgin � on Ethics and the Florida Commission 22 on Ethics when it learns'that' a subs a Bally identical compliant has been filed 23 with either of those agencies j and request that their procee iggs be abated ,until 24 the conclusion of the City °s proceedings. The City's findits of facts, 25 conclusions of law, final deterni linat on and im osition o'f a, penal " shall be 26 accorde011: a presumption of correctness by those agencies. ` 27 Additions shown by underlining and deletions shown by e tlg. -19- i i § 8A -2 SOUTH MIA, IAMI CODE § 8A -4 ADMINISTRATION 12 -11.1 eration received by the employee from sel or legal .advisor to, a part who seeks said "outside employment Said. County legal "relief from ahe County or a County employee's reports shall, be fi led -with the agency through ;the suit in question: supervisor of elections.no -later "than 12:00. noon on July:lst of each year, including (2) No person mcl "ud' d in° the terms defined the July l t;:following the last year that in sub sections :(b -)(2), (3) and (4) [autono- person held such employment: Municipal mous personnel,'quas : judicialpersonnel, and advisory pers6i shy_ a "ppear be- employee r' eports shall. be filed with the 'T111; Clerk" of their respective municipalities. fore: the County board or agency on which Said reports; shall be available. at 'area= hear she serves, either< directly or, through sonable time and "place for inspection by an associate? and make apreeentation,on ' behalf of a third person with respect to ` the public'' or any 1 city Manager, may require monthly ter! �any:license, contractcertificate; rulMg, ports. from ".individual emp pyees -or groups " decision; opinion, , ?.ate schedule, Erin- chile; or other benefit sought by tlie" third of, for "good cause..(Ord. No. "Ord: person. Nor shall such person receive corn- 72 -82 § 1; 11- 21 -72; No: 77 -13; § 3, ipensation; directly or indirectly` or. in any 3 -1 -77; Ord. No. 7,7 79; §'' , 1-11-, form, for services rendered to a thud No. 77 -87, § 1, 12' =6 77; Ord. No: 83 -1$, § 2, 4- 19 -39, party, who has "applied for or is seeking ' -83; Ord. Igo. 84 § 2, 5- 15 -84) some bonefit .from the County":board or (1) Prohibited investme�its. No person included agency on W, b-h such person serves, connection with the particular" benefit 1 in by in the terms defined tin subsections (b)(1) through (6) shall have" "persdnal investments in any enter= the 'third party';'Nor shall such' Pet,son appear in any court or before any adin prise, "either himself or through a member of his mmed ately'&nil y,'.whlch'will createa substan' isti atzve tribunal as counsel or legal to a third ad- tial conflict between •lus private interests and the' ��sor a 1:71i ,i:i p rty who seeps leaal relief from the .County board "or agency�n public interest (Ord.`, N '. '72 =82 § 1, ":11 -21 =72 which such person serves through the s t Ord. No. 77 -13, "3- 1 -7i7) in question However=; this section shall (m) Certain appearances and payment prohib- not prohibit an architect sewn without g conipensatan on.the Dade 0, ' azd ited. of Enrgy,Regulation or, on any architc- li (1), No person included in the terms. defined Board, whose sole,funetion is" to pass in subsections (b)(1), (5) and (6) ,[commis -�,� on the, aestheticsof plans submitte fr m stoners, departmental personnel° and em- submitting plaits on ell a client °, so ployees] shah appear before any County long as such member ,mares Board or agency and make a presentation on behalf of a third person with respect to representation o the" app can,. aiid qualf es himself "from -speaking or 11, III 'dis- g vo, any license, contract,. certificate, ruling, or' otherwise artici atin on suc p P. g" hph- decision, opinion, rate schedule, fran- ch se, or other benefit sought by the third cation (Ord No 72 82, § 1,11- 21'7,'i. No. 73 5, § 1, 3= 20 -73; "Ord. No: 73-i 5'I § pe Nor shall such per qi} receive corn- I, 5- 1�5 -73 Ord. 'No. 77 -13; §- 4, �3 -1- 7; .... pensation, directly, or indirectly or in any 79 -39 § 1, 6- 19 -79) ' form, !for services rend to to third person, who has for (n) Actions prohibited;ivhen financial,interests applied or is seeking some benefit.from the County or a County involved. No, person included ui,the terms. defined agency, in connection with 'tie particular in subsections (b (1, through (6) shall;participate in benefit sought by'I the third persor<. or any official i action ;directly or'indirectly affect - trig hall such person appear inl a business in. which he or any member of his any c'ourt�'or before any adiinistrative tTibunal'as coun- immediate, faintly °has a. financial interest. A fi- nancial interest is' 'defined" as a special financial Supp.No. 21 269 III ill I IIIIIIIIIIIIIIIIIIJ�Iji �.. § 2 -11.1 DADE COUNTY CODE davit shall be filed by, staff,witlithe clerk's the-. CodeL df Metropolitan Dade County, office at the time the proposal is submit- the penalties provided in this paragraph ed. For ,the purpose of this subsection (8) shall be the exclusive penalties 'im- bnly, the hsted members: of the presents= poged foF. violations' of tlussiibsection (s). ion team shall not. be required to. pay any registration fees. No person shall appear (9), members of the ;County Commission, before ,any .comet ttee 'on - behalf of an and' all County personnel, shall be dih individual' firm unless he or she has gent to ascertain whether persons. re- been listed Is part of, the firm's presenta� quired i,o register pursuant to this: subsec- tion team pursuant to .this paragraph or tion 'have complied. Commissioners or unless he or`: she` is registered with the County personnel may not knowingly per - Cler'S'o 'ffice and fin's paid all applicable mit, a person who is riot; registered pursu- fees. ant to - this ',subsection to lobby the Coin- Commencin -Jul 1, 1986 and on Jul 1soner, g Y _0- or the relevant committee, board nor-C, of each year thereafter, the lobbyist shall ounty personnel. submit to thCle e rk of the Board of County (10) The validity of any 'action or determina- Commssioners a signed statement under tion of the Board of County Conmisson- oath listing all, lobbying expenditures in ers or;Countypersonnel; board or commit - excess',of twenty -five dollars ($25.00) for tee shall not be affected:by the.failure of the.,preceding calendar year, A statement any ,person to comply with.the provisions shall be filed even if „ther:.e liar been no of this subsection ;(s). expenditures during the reporting period: (7) The Clerk shall publish logs on a quay- (t) Powers and jurisdiction of Ethics Commis- t er ly and an, annual basis reflecting the sion. The Ethics Commission shall be empowered lobbyist registrations which hav >e been revie , mterpiet render advisory'opinions and filed in accordance ?with this subsection letters of instruction and enforce the conflict of (s). The Clerk `shall b'. i5, h logs' for the Interest and Code of Ethics .Or`duiance�. Jurisdic- fourth ;quarter of fiscal year 198;9'90 and tion of the Ethics Commission sha1Tautomatically the first quarter of'fiscal year 1990=91 •as extend tb Commissioners, autoiiomous.personnel, soon as practicable after the effective date of this; ordinance: All logs, required by ties quasi jiiidicial nel, immediate personnel, '.departmental person - family and lobbyists a's defined in ordinance shall be' prepared in a manner subsect1ons (b) and (s) who are,requiredtacoin substantially similar to the logs prepared for the Florida with th Conflict of Interest and Code of Ethics Legislature pursuant to Ordin ce.'Jurisdiction of'the Commission Bection 11.045, Florida Statutes. Ethics may exend .Ethics to employees, advisory personnel and (8) The Commission shall investigate medi to family as defined in subsection (h)4ho any person engaged in lobbying activities who are required est to comply with the Conflict of Inter - maybe u3 violation of this. subsection and Code of Ethics Ordinance if at least two (s). Inithe event that a violation is found (2) members, of th16 Ethics .Commission vote to o Navel, treen committed; thje Ethics Corn- assume Jurisdiction In the event that the Etl i.cs missidr) may; repximai�d, cehsure, sus- pend or prohibit such person lobby- Commission vided in does not assume jurisdiction as pro- the,pre'ceding the Ethics Coin- ifrom ing before the County Cein'nission or any mission sentence, may refer h to the State committees board or,' personnel of the Attorney fofapproprtate.a6,6 Notwithstanding Count'; provided hgweuer hat any sus- pensign or ;prohubition may' Fnot exceed a the foregoing, have jurisdiction the Ethics l Commission shall'.not to consider an' alleged il periodof two. (2) .'years N'otwi'thstanding of subs violation 'ction(c) if the requirements of subsection any other provision of tlhe',CoTiflict of In- (c) have been'aived, for a particular transaction terest and Code of Ethics' rdinance or as provided Herein Stipp. No. 21 272 I a ADMINISTRATION § 2- 11.2.1 (u); Penalty. been first submitted to the Board of County (1); Proceeding; before Ethics Commission. A 11 Commissioners. for a review and consideration, finduig by the Ethics Commission that a and the Board, of County Commissioners shall person liasviolated this:isectioi shall sub- have approved `and cgnsent'ed., ao ..such sale or ject`.said person.to an admonition or pub- transfer as being in conformity.with.the compre- lic reprimand. andlor. a�;fine,;.of two hun- heisive plan of development,, for Metropolitan' dred.;fifty dollars ($250.00) for `th'e. first . Dade Counnty and not contrary.;to the best` inter -' Such violation and fi ve, hundred dollars eats` of the public. ($500.00 for each subseq}ient violation. Any sale, transfer or conveyance of real prop - (2) Prosecution by State Attorney in State court. Every,person who is convicted erty,.made in violation of the provisjohi of this of a section shall.,be null and void and of no binding, violation of this section in, State court 1;force or effect. shall be punished by a fine not to exceed five hundred dollars ($500 00) or impris- 'the II' The provisions of this section shall not be onment in County Jail .for not -more applicable to public stT,eets; .roads, highways or than thirty (30) days, .or -by both suchfiiie'I alleys abandoned, disco ltxnue'd or closed in accor- and imprisonment. (Ord. X10. 72�82�, § 1,� 11 21 72; Ord No, 73 -26,§ 1, �� dance with law, or to public lands dedicated or ;utzlized fo�lpublic.road 3- 20 -73; Ord. No, 77 13,�� § 4,.3 "I 77- Ord. No: ;purpojes. (i(Qrd. No.9 -40; 1 -3, �.10- 2 ? -59; Ord. No. 60 -1, 86 -24, § 2, 4 1.86; Ord: Noa 91 -22, I, i 2 19 =91; 1 5 =60) Ord. No 92 -.27, § 1; 4' 21 -92, OrdNo. 95 -21, § 'i, 2 -7 =95 Ord ;No. 9Z 105 Editor's note=-= 0idTo: 2 8 97 72 82, § 1, amendedahis Code;by �ec 2- 11.2.1. Dlsposiiion Of County Surplus' repealing former § .2 =d 1 relative 'to, County .`officers and property emplogees, trap `s_acting,liiysinesa`!tthithe m lieu thereof a new § 2 -11 County and enacted as herein set out :Former § 2 =11.1 (a) Definitions. For the purposes of this S @C- from Ord. Nol X9'44, §§ Z-5; adopted Dec. 1; Rion,. the following definitions shall be effective: 1959derived Annotations -AQ 7 i; ,GAO's 76 -8; 76 32„ ?6 -36, , 76 -39, (1) Sub plus property shall mean property clas- 76-43, 76-46,76 50, 76'55, 77 -1, 77=9,. 77 -14, 7716, 77 -19 77 -26, 77 -33, 77 37; 77-40, 77 41 77 -44, 77 -52; 77 53, 77 1 sified a's: surplus pursuant to Section -55; 77 -63, 77 -68, 78 2, 78 1`Q 78 11 794`2 , , 18-17 �'78 ,25, 78 33; 274.05, Florida 'Statutes: 78-44, 78 47, 78 53 78 -54 79 6 79 _ 79 12, ,7� 16 .79 19; ­11 79 -32, 79 -371 80 3, 80-4' 8�0 11, 80191- -80 24,'1$0 (2) Property means all tan ble personal prop- P . ertry owned �by, bade County of 80 -29, 814, 81 -13, 81' -18 8� -22� 82 -13, 82-19, 8l 24, X82 X25 82 =28 8131` 51- 38,82 829 83 -2, 83 6 X83 -11� a noncon -. sumable nature. 83 -22, 85 -8. � ' � State law reference -Code of ethics for public officers (3) Eligible community based organization and em to ees, F.S. §' 112.311 et se p q q means a not -foci profit agency, group, !� P, or -' gafiiizati'on ; society,' association, corpora- Sec. 2 -11_ -i " Sale of public pro. ert b mu- .. P y y_ tion, vid es. 'p a 'ersi commons or individual that pro - ty service designed to nicipalities. improve or e i � once the well -being of the con of �', ide County at large or, to No municipal) ida, corporation in Dade Count Flor- . Y, im rove o' er once the well - being of.cerL shall sell or convey for private use or to 11 tali indi . dualIS within this community ` private onersk�ip'.all or any partof any tract of th_ have pe i i' needs. An eligible coils - real property ten owned b' °it (10) acres or more in conti� guous munity �b;as,ed ^'. organisation shall be tax area Y that has been or is; hereafter exom P t de , to provisions of Sectioi} acquired by Isa municipal d munici alit for P Y - public or ise,.until full 50 (c)(3)iiof the I'thel intern��al Revenue Cod�euo# purp and complete . infor = 1954 anal ise be a qualified irecipi- mation and , daa sale or transfer'' concerning the contemplated of such real property shall have P P Y er tion of s 274.0, id�� FozTda P operty pursuant to Sec -' S'atutes. Supp. Lo. 21 272.1 ��.. ,.v,*rd.Ws ;%°d•kA's" rh a.1.1 -n °i ""Pf. RECEIVED: 2- '3 -99; 17:50; 305 673 7002` -% NAGIN GALLOP FIGUERE; 43 02/03/99 WED 17:43 FAX 305 -673 70`02 _ CMB LEGAL DEPT Q003> 02/01/99 -RON 08:17 FAX 305 315 2481 CLEBB OF BOARD f�004 Amended ` SiS • 0 2. Alternate Agenda Item Page � emn« m, corutectian with any judicial or azhcx pro�eed�ng; ap�pU ©n, }` tc Wiest for ruling, f ml er P••*, *+atign �comraa. ela�m, cnnttOti+ersy, charge, , aGeusanae, Farrest ior,� °othEr particular ��u_1cc•. matter in - wh�>ch ?�M�am�' ��'i3ade Couocy or one (1'� ofsis agencies ��or mstznmGr►tailrt��e� is a pal try qr itas [(a ; A M 7 f I} 'ar�'3 ,� I� f i :a GIs. _ �....' interestwh'et ct�reECc�rptndirec Add�aaaty� d nrscan who hasMs+ervedi as alcamm�i cnun�inemC�er ,Snatl } • :. a or.i; 7 u a>ny 2onune�o� land�use�ssu � y �ren � � af� r a�. al ar�� or:ather d F na�ns�n.�xeo�ntr '' =��ciaim �canE�ersy I' h �1n3inim tes igs;$ da , bra as a tri st ie 1'. l3 '{� (W 5 k h rlII '..: � SeVL•'hl � f"'lrs; � -�'° � �: ���il• 1� ��� �� �� � �SLl'� atilil��r. .� included 4 �� � YIRl.tllll AJ 1S�nQ� j 'a'diti�ii� r.°�1 1 i�if'.'j� �► r€� $r' �1 � Ic y + or het cotifmvflscivY�e leas ceas�i:cc ` k� a,r 4 a r �� , nom- ordit��us ors eu.crostenu ter mtrtie� aad v�r1�0 !ate j iehalft�i�:tti •� gr d e�aa1 ' X31 The pra�►issons of this prdmanoe ell $wig al! �, irtnndus _descnb�eci in subsvn ` 1f it I omy ease the ooun� u i P ve date F t'h%s -0JM,, a X41 Anv feximer wuaty dep r,�tmen t eersQear �_ ... . . � �f4 ,no�r� tkeie �ecfiwet date�oiih�� '�erd>,tianceixanii�Shias entered,�gt` a �abl�n�: contract t'Ori r`$ ''ye dBte oftlfl9' dim'ia I RECEIVE: 2- 3 -99; 17:51; 305 673 7002 => NAGIN GALLOP FIGUERE; #4 02/03/99 WED 17:43 FAX 305`673 _7002 CMB LEGAL �DEPT _ + 004?, 02/01/99 11014 09:47 FAS'305 37S 2494 ciIIig' OF BOARD 1�d05 Amendcd Altm- ue A#9,ea Item Na_ 5{B) Page 3 ordinance shall for $ n, a of_ t�t±o !?Z, rs after his Oe heT c„ �tiM sea�nCe ore ot►mcttc�ha ec m�ly �yihl SUIS detto . t G CL1.�r'41�?►G „ILO �,It� mn 1abb�it�, t�c�r�ant�iosa�d�smaQ�drma�cxantty Rp.3 the!caut�►�aniMIV�n�,��,�n �te�h�'�eff>��ce aate of tht5 Or�t�nance�st���rc�r� ai�er his a� I�d,�f �'y eotmMM serve ornoimv>cnexrti<ieakdetmr �rtto,,g l06 v�n�e,�co�+�ry,i�tn►�8nd. *nnro��`r `� �nt��D�litlp*t t ' �e1,>�or� �� ��_ "� #eatt`it ' iaY �a►t�t �• ��� da o `�!'� ,� ot, d ceaiiest for �rciatm �ootitrd�msv� A'isri�>�ade�� ��nt of tts�aeet�g� oil -. 3or> orze�C�� '�nstruttsenta�it�ries���s � � � n Chas #�a��daxct �r �tarrtYai�: - lard is�� �anc��� �� � ct►�6��r�she mimed drlY ter � fi � her+�tse �atmn t�s�'cir`h�r � �` � �c: ►�a�- e�tat cnt, � � rf ■et 4 1�ax. 1Ps .... '��mer�st��t�c�resxdaEi� office_ �nt�esngattan�iot�` IaRner,�+nse.„�nr, �eret�toY1S�� T�hE��or��e,��e2L�►,�sei+i sutre.+rt,t . after tl� � j� �! se di �� lick dV� iia i i aft. n t1fYeSltESi1 df ' i+t3 hWW I II n¢ r GDlttltY ISE'LLCB �lalld end If i[�.le�t��h . �`6 k aate °. td,�d��tt an a�form "��by �e,t � �filo�'xhe ,� � �nee�de��not�flreeitidi��satd Fall re��crn���th� Sri` 71 �Y� a� � c umu I'he Z�n��en_asfl,�s iEt� �Y d� a�ccu"a� of�k� ■� � fi � �� �b�r�f � -�,� � r I � I � �� r � p. ,t .. d"7a 1 � i s xP CITY OF SOUTH MIAMI NOThCE 6_ piJIBLIC HEARINGS p NQTICE IS HEREBY gitre't that the Ctty Gommisslon of the City of SoutFil Mierm Fldrinq ttiac Haarutlunn tts 400010 r MIAMI DAILY BUSINESS REVIEW Tireida,a,arch`z . lrbegl nit?ga Comi,Iis *swn Published Daily except' aturday,' Sunday and P m , , m Ctty MChefrlbers, ti13b Sunset Drive , to Leg&Hoiidays 1 Onslder '� d rabid ordinBnCe(s) ` . Miami, Dade County, Florida. �a ORDINANCE4F�IEMAYOR AND ChT�f frOMMISSiON STATE OF FLORIDA T11 �CIT 0� IiA1AMU'lK SR IDA, AMENDING COUNTY OF DADE: RDINAN6E' NOS WFtICH ; CRyTED A t Betore the undersigned authority personally: appeared CQMMUNITY REEE�dPiIENT AGENCY AD�IISORY Octelma v Ferbeyre who ort oath says, that she is the �Bppiae ICME DIIiiCr'FHE t?RQ1fiS`�Q,NS �RE(�ARDING upervisor Legal Notices ofthe Mia(m Dail �Bugines`s� �Pf3NO��FDR SEERAILiXY, CGN� S Y F¢EIB)= RSHIP,x # , II Review f /k/a Miami Ai4iew,.a daily (except Saturday, S;uriday j °ANA Affil g E TirIE DATE (1s1 Reading February V and ;Legal,Hohdays) newspaper, published at Miami iri Datle 18, ��ar{ - County FlIgd d that the attached copy of adveirtisement, being a Legat Advemiement of Notice in,the matter of AN OHgINANCE E MAYOR ANO GIIY CQMMISSION, dE TtiE CITY OF +SOUGH MIAMI, FLOTRIDA, RELATING TO, RIGHTS OF WAY AMENDING CHAPTEt 1S {OF THE CQD ` CITY OF SOUTH MIAMI OF ORDINAP ES x1 THE CITY bF S 'L" gM L, 18E;;' .BY ;ENACTING , _ARTICLE, NOTICE OF PUBLIC HEARINGS 1:@LTfI'L.ED � !CATIONS S STEMSr, AtXTFf -' MARCH 2 , 1999 NTITLED WHYNV Y QRIZING'NtO USL�fE LICENSE,AEEI�INTS FOR �1SE�: OF PU8Up; f CSHT�S- OF�WAY SAND STREETS FOR z. , . _ _ t IN .., �._ � NSTRU�TIN MAINTA NG GQ � , FIP.,OS .OF E ETI , _ �' PU FOR. WG? ND OPERATING LINES AND ;EQUIPMENT A M ... Court � : 1 ' E . RU t E. � S SE, C S. in he......... ......7���7�........ ;. ...... , ,: x, � . - �i1MUNICATIQ t O PROVISIQNS QF ,,TE � was published in said newspaper in the issues ofN� vLOCIL FXCHAN{GE TELEPHQNES \!ICES, PRO= Flab 19 , 1999 YIOING , $E /E BII�ITY; ORt INANGE JN,GO�IELICT, AND AWEFFEC TIGE QATED (Ist Readutg b February• 16, . . "0 x x, MISSIO ' AYOR AND CfTY CQM , M E 1'VANCE O . M RDI . u _ AN O MI 1 FLORI , R l,A UTH , Afflant,further says that the said Miami Daily eusmess Review is a' newspaper published at,Miami'in: said Dade ETI ICS;,AM NDING'OHAPTER 6A OF THE GEODE OF rnl1r,w ree said newspaper has heretofore QR,DINANOE QF TIDEQITY OF SOUTf MIAAAI,'ENTITLED "YNi°.t..R .„+�a3 =:�v� �i%.'"rr�'fs'rw.�dX4', «,G�h Baia � - ... ti'u xv'�r,_ #X >,a, .u.. �.�t,�fv A +W,:....t. mss, -v 3d .,:.c u�k n�.....�isq� .�, Ye�"i.$i5il��u�'a'!`A.- _. .. ...e. ...., en Y,a.- .s�dwnvra ., a ...its, r ...a, ..m X.,�. �,c.t .._. e i r r r y 1 i Y� �: i I l 'i r s i I 1 r i I 6t PA,6diS I (ts 1nov98 /morris2 ltr) y 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND COMMISSION COMISSION OF' 4 THE` CITY OF SOUTH MIAMI; FLORIDA, RELATING TO CAPTIAL' 5 IMPROVEMENTS; ACCEPTING THE PROPOSED FRAMEWORK 6 FOR LEASE AGREEMENT BETWEEN THE CITY AND SPG PHASE 7 ONE, LTD.; DIRECTING THE ,CITY ATTORNEY ! TO PREPARE A 11 8 LEA E IT W HIN THE A R S CCEPTED FRAME WORK PROVID _ _ ING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, the' Mayor and City Commission of the City of South Miami issued a 13 Request.for Proposals for the design;', construction, lease; management and operation of a 14 mixed -use retail /offce and parking facility on property owned by the City and bounded 15 by S.W. 73rd Street on the south, S.W. 58th Avenue on ithe east, S.W. 58th Court on the 16 west and an alleyway on I the north [App. 2];:and, 17 18 WHEREAS, the Mayor and City Commission accepted the proposal by SPG 19 Phase One, Ltd., for negotiating purposes [Apps. 3',4]; and, 20 21 WHEREAS, the City's neg6ti atingi team has negotiated, and has recommended to 22 the city commission, a proposed framework for a lease agreement between the City and 23 SPG. [App. l ] 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR ! AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA; 27 28 Section 1. The proposed framework fora lease agreement between the City 29 and SPG is accepted. The City Attorney is instructed to prepare a lease agreement 30 between the parties within the accepted framework and to present it to the city 31 commission as soon as it is prudent and feasible. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this 2nd day of March, 1999. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 43 READ AND APPROVED AS TO FORM: 44 45 46 CITY ATTORNEY i I Additions shown by `underlining and deletions shown by ow4° . 11. Financing. SPG shall procure a construction loan to ' build the Facility from an - institutional' . lender which provides such loans in the normal course of business. The construction loan shah be. replaced by permanent financing within'15 months of SPG abtaning the certificate of completion for the Facility. 12. Alleyway issue. The City and SPG shall cooperate with each other to resolve the alleyway issue on the north side of the land to their 'mutual satisfaction. 13. Security. SP shall cause its contractor to provide the City with a Payment and Performance Bond with a good and sufficient surety, naming the City as an ob'l'igee in a commercially acceptable form. 14. Signage. Signage on the Facility shall comply with the applicable codes of the City and any other jurisdiction having authority. The' City shall be responsible for providing'way- finding sgns',(not on the Facility or Land but in the vicinity of theFacility). 15. Environmental. ` SPG has performed, at its cost, a Phase One Environmental Assessment of the Land. SPG advises that the Phase One Environmental Assessment . ent has shown no adverse environmental nmental conditions.' 16. Late Payments: Maximum penalty is (5% of amount overdue. 17. Insurance. SPG will carry the typical forms of insurance normally associated with a project of this type. 18. Excess Payments. SPG shall continue to be responsible for any and all expenditures. SPG agrees to release the City and hold; it I'armless for any excess costs. 19. Amendment to the City Charter. ` In the event that the Charter for the City of South Miami is amended to allow the City to lease public grounds fora period of fifty years or more the lease term shall automatically be extended to fifty years with no renewal option. 20. Project'Schedule. The parties agree to develop a project schedule taking into account the following. A. The agreement between the general contractor and SPG;. B. The requirements of the construction lender; C. The MRP Properties Agreement; Page 3 of 4 NA IN G LL P FIGUEREDOIp- Attorneys &Counselors 3225 Aviation Avenue -Third Floor HIMIRIN R v RECEIVED: 2- 28 -99; ; 14:23; 3056699438 =s NAGIN GALLOP FIGUERE; #8 02/26/1999 14:46 3056699438 COMULTING GROUP PAGE 06 c i �.� � ��••�. �"��. ����"�� CttY ;ot South Mtamt � �, '-S-"3'� Wil m RESOLUTION NO, 198 -97= 10168: A`RESOLUTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI., FLORIDA, RELATING TO THE MULTI -USE BA( On Suns Curr, right cons RECOMMENDATI 1 NOW; THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA: 3 4 Section 1: Section 20-7.7 (B) of the South Miami Land Development Code, 5 entitled "BUILDINGS AND THEIR PLACEMENT 1VIAIN STREETS Sunset &Red 6 Road," is amended to add the following: 7 0 8 • Lot Coverage = 60% ;maximum 9 20,000 SF maximum per' building 10 • Open Yard'Space = 5 % min. 11 12 Either Arcade -or Awninia: Required 13 • Awning Clear Height 14 • Arcade Depth = 8' ,minimum 15 • Arcade Clear Height = "107 minimum 16 • Arcade or "A.umm Length = 10 0% of Building; 17 Frontage. 18 19 [The rest "of the Section remains unchanged.] 20 21 22 Secton.2. Section 20-7.7 (C);of the -South Miami Land Development Code, 23 entitled, 'REQUIRED ELEMENTS =MAIN STREETS Sunset' & Red Road," is amended 24 to add the following: 25 26 FRONT 27 PROPERTY: 28 LINE/BUILD- 29 TO LINE 30 ' 31 32 33 ARCADES' 34 OR AWNINGS 35 w 36 37 38 39 40 41 [The rest of the Section remains unchanged:] 42 43 44 18 A 19 20 thi 21 C 22 23 24, 25 PA m 7. This ordinance shall take effecti immediately at the time of its passage;. QED AND ADOPTED THIS 16th day of March, 1999 26 27 A 28 29 _ 30 C 31 32 R 33 34 _ 35 C` 36 37 38 39 40 41 42 43 44 i 6.. APPROVED: Page 1 of 2 1 The ten 10 private citizens shall be appointed to two (2) year terms by the 2 mayor... 3 4 The.,mayor "shall appoint the chairman of the colilmittee!. A quorum shall be." six 5inembers... [the iremaiindeii• of the;Section into remain uncliangpd] 6 7 Section 2. If any section, clause, sentence,.;ax phrase oftlus ordmance.is held to 8 be invalid or unconstituticnal'by anycourt of competent jurisdictiori,,the holding" shall in 9 no way affect the validity of the remaining portions of this ordinance- 10 11 Section 3. All ordinances,or parts of ordinances in conflict with the provisions of 12 this ordinance are hereby repealed. 13 14 Section 4. This ordinance shall take effect immediately'at the time of its passage. 15 16 17 PASSED AND ADOPTED THIS 16' day of March, 1999 18 19 20 APPROVED: 21 22 23 24 MAYOR 25 26 ATTEST: 27 28 29 30 CITY CLERK 31 32 33 34 READ AND APPROVED AS TO FORM: 35 36 37 38 CITY ATTORNEY 39 40 41 42 43 44 45 46 47 c: \...\ Hometowni!District Parking Committee Expansion of Membership.doc 2 3 AN ORI 4 THE CIT 5 DEVELC TTl lIT TTCI 19 coma 20 21 22 ;support: 23 rede�el 24 25 26 Shops s 27 28 29 ; supply l 30 South 31 32 33 citizens 34 proposc 35 36 37 modify, 38 39 40 areas o` 41 42 43 COMN 44 45 46 20 -7.6( 1 hereby niodif ed for a period of rune (9). months "for the ,purpose of reviewing the effects 2 and appropriateness of the adjustment provisions on the future developments; as follows: , 3 4 (B) Required Parking . Withinthe .Hometown District, the following adjustments to the 5 number of parking spaces required by Section 20= 4.4.(B) of the Code are provided: 6 7 1. On- street 'spaces adjacent " to = a lot shall count toward" the _. parking g requirements for than lot; °a partial space longer than. 11'" shall count as a 9 full space. 10 11 2. Where arcades are optional, buildings with arcades shall . receive an 12 additional 5% reduction in the required number'of spaces. 13 14 3. In addition to the above; one of the following may apply: 15 16 a. Two -story buildings shall receive a 15% reduction in, the required; 17 number of spaces. 18 19 b. Buildings:of two or more stories "with uses from two "of the three 20 use categories" provided herein under "Permitted Uses," each use 21 constituting no less than 30 %0 of the gross floor area; shall receive 22 a 30% reduction;in the required numb 'er of spaces. 23 24 c. Buildings of three or more ,stories with uses from each of the three 25 use categories, rovided herein each use constitute ' n g ' no less than`. 26 °' h re" uired 25 /o ross floor area, shall receive a 45 /o reduction m t e q g 27 number of spaces: 28 29 4 For' new .buildings chances of u: e and additions greater than 7,500 square 30 Is `feet the allowable - irking adjustments identif ed in subparagraphs' (2) and 31 .. " (3) above shall require the affirinati�e rote of four, !(4) members `of the 32 City Coninission and 'follow those procedures established for sbecial "use 33 gerniits as set forth in Section 20 5 8B) througF) and shalt follow` 34 those procedures for public 'hearings" set forth `in Section 20 5.l through 35 .20 -5.6. 36 37 5 " For new buildings changes of use and additions not exceedini; 7,5.00 38 square feet the allowable parkin��usttnents identified iii subparagraphs 39 f2) and 3), above, shall contnue.to be as provided. 40 41 42 Section 2: Section 7204.4(H), entitled "The' MetroRail Usage Consideration 43 via Special Parking Permit; ' is,', Hereby suspended' for a period; of nine (9) months for'the 44 purpose of evaluating 'the effects and appropriateness of this' provision on future 45 developments. 46 1 Section. 3: Section ,20- 4.4(G), entitled "Joint Use Spaces via Special Parking 2 Permit," is hereby suspended for .developments: within the boundaries of the Hometown 3 District for a.period of nine (9) months for. the purpose, of evaluating the effects and 4 appropriateness oft his provision on future developments within the Hometown District. 6 Section 4: The ordinance shall . not apply to any development for which an 7 application for development permit was submitted prior to the 1St reading. ; g 9 Section 5: All ordinances; .resolutions ,and parts thereof, in conflict .with this 10 ordinance shall not be in force'and effect during the time period of.tliis ordinance. 11 12 1 Section 6: If any. section, elause sentence, or phtase of this '1ordinaance is for 13 any reason held invalid or unconstitutional by a court of competent- jurisdiction, the 14 holding. not affect the validity of! 1 he remaining portions of this ordin�apce'. 15 16 Section 7: This ordinance shall take 'effect immediately at ;the time of its n- 17 passage. 18 19 PASSED AND ADOPTED this 16th day, of March, 1999: 20 21 ATTEST: APPROVED. 22 23 24 CITY' CLERK MAYOR 25 26 READ AND APPROVED AS TO FORM: 27 28 29 CITY' ATTORNEY 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 6 \parking modification study ord.doc importance. The proposed ordinance wou regulate parking, allowing a better utilization of the,( need for more, and better elements of the. proposed of provide irinowative extensive safeguards to e sign pollution, litter, noise RECOMMENDATION: comme "rcial parking have been identified as being of the utmost roval to begin the public hearing process. New Parking Re, ci \...\ Parking Requirements.doc lotions 1 ORDINANCE NO. 2 3 AN ORDINANCE OF . THE MAYOR AND CITY 4 COMMiSS.ION OF THE CITY OF SOUTH MIAMI,. 5 FLORTTDA; RELATING 'TO THE PARKING REGULATIOONS 6 OF THE LAND ;.DEVELOPMENT CODE; AMENDING 7 SECTIONS 20-33(D) ENTITLED PERMITTED USE 8 SCHEDULE.",",. 20 -4.3; ENTITLED" "SIGN.: REGULATIONS' 9 AND SECTION 20 4.4, ENTITLED. "OFF= STREET .PARKING 10 REQuiREMENTS" ;i PROVIDING' F.OR STANDARDS AND 11 PROCEDURES PROVIDING FOR SEVERABTLITY, 12 ORDINANCES IN CONFLICT, AND AN; EFFECTIVE DATE. 13 14 15 WHEREAS, the South Miami Land Development Code regulates many important 16 4s— pects of parking;in the City of South Miami; and 17 18 WHEREAS; there has been a `tremendous. !increase in parking and traffic activity 19 in, the: City of South Miami, e'special'ly in the Hometown'District, since the opening of the 20 Shops at Sunset Place; and 21 22 WHEREAS, the increase in parking and traffic activity has evidenced the need to 23 modify the secfions" of the Development. Code, which regulate parking, iri order to 24 =L' optimize the City of South 's parking'system; and' 25 26 WHEREAS, the Mayor and City Commission find that it is n.the,public interest 2 7 0 ` rovide an efficient arkin s stem Which maximizes' "available ca' acit ''and continues t P P, g; Y P Y 28 to protect single - family residences. 29 30 NOW, THEREFORE- BE IT ORDAINED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. Section 20 -3.3 (D) of the South Miami Land Development Code (LDC) 34 is amended to include "parking lot, commercial" as a permitted use, as follows: 35 36 SEGjTZ 20 3.3' {D) ZONING DISTRICT USE'� TYPE TRANSPORTATION, WAREHOUSING AND COMMi7NICATIONS Parkin '& Commercial P P P P P 37 Page 1.,o I f 9 1 [Sec. 20 44(l)] 2 3 (I) Valet Parking via Special Parking Per. rnit. Up to fifty (SU) percent of the 4 required parking for hotels; °hospitals,yoffices, and nightclub's; restaurants or `retail 5 establishinents may-- be , satisfied through the provision of valet parking spaces via 6 special ,parking ,,permit approved by four affirmative votes of the city commission, 7 pursuant to tlie;following conditions: 8 9 (D:', The valet parking operation shall .comply with Section'204 :4(L) as 10 amended .from time to -time; =.of the Soutl%, Nl�anii .Land Development 11 Code; entitled "Valet' Parkin." [The remaining paragraphs are 12 numbered and -reordered..] 13' The number of required'-par ' king spaces that are not provided on the 14 same.property,as the use approved,for.valet parking shall be provided 15 via, the off -site parking provision in Section 20- 4.4(F)(2), or. the city 16 commission, may approve the ,use of on- street' parking spaces to 17 provide for a portion of or all'of the required parking, spaces. 18 l'. Valet parking as provided'in Section 204 .:4(I), s1a11 no 'make use of 19 off site parking located° adjacent to residential 'property 'and/or RO 20 zoned propety after X9:00 p.m. 21 t In no' case shall vehicle stacking or double parking be permitted on 22 public rights of way or` public streets to supply the required parking 23 spaces for the valet special' parking permit. 24 25 26 [See. 20-4.4 (J)] 27 28 Trocedurew (J) 29 , 30 31 PWO 41, 32 OM 4.4 , 33 above is renumb- r Section 20- 4:4(K) 34 35 (J) Interim Parking Permit. In SR MO and TODD zoning'' districts, due to the 36 limited land, a "valable for parking, Interim parkiny be permitted by four (4) 37 affrrnative votes of the city commission; subject`.to the following,criteria: 38 39 (1) A site plan demonstrating all ll physical aspects of the o erg ation 40 must be submitted and ap�iroved by the City: 41 42 (2) Permits for each lot may be issued for interim I parkinaon private or 43 public propert' f� or a period not to exceed .six -(h months and may 44 'be renewed I every six (6) months. 45 Page 3 of 9 1 (3) Ape I& of $250 shall be required in, addition to the smecial use 2 Opp licat ion, fee. 3 4 (4) The lot shall be:restored to rts original condition by the yermitee, 5 upon the expiration or cancellation of the Interim` Parkir%a. permit 6 7 (5) Access to the parking lot shall be secured when the.,lot is not in 8 use. 9 10 (6) Interim parking lots, ^are not required to commly with: the South 11 r irements relyted _to arkin Miami Isand .Development Code equ p a 12 lot landscaping= pavira or,.fdra�riage, however; the sti Ball: 13 14 i. Provide I,safe> access to land from the site without damage to 15 existing sidewalks or', curbs through an improved; safe 16 driveway access. 17 F ii. Secure:any dama2led,area in such a fashion that will r 18 pedestrian or= �elucular access to such area: and shall be 19 ret aired'.within two weeks of the occurrence: of the daimge. 20 PTOW de;aiteri hose (10) foot wide levelaurface area alori `` those 21 „ portions :. of the property which abut a public right -of -way, 22 where sidewalks are not available to accomrnpdate the safe 23 and unobstructed as'sa a of. ,edestrians. Th'e Ct ma 24 allow aireductron in the width if the City determines that 25 safety concerns are otherwise met. 26 iv Provide a' parking lot surface that is level and suitable for 27 the quaritityrand frequency of traffic expected `to use it, free 28 of tri i pp''' d g hazards: without potential safety” hazards. 29 V. 1Vrdfih ' the markin'gl lot m good ,condition' and avoid 30 conditions indicative= iof a public nuisance.. ,which shall 31 include �l but not , be'' hmired to +' the followu erosion 32 broble s potholes; silting of streets, dust, overgrowth and 33 accumul'atioi oflitter.'and debris:'. 34 vi Kee the � 'Arkin i of l' ee' from, litter, as that term is defined 35 b_y chap er 13A -2 ofa °he City Code of Ordinances. 36 37 7 The ON shall ;assess: the im act of the Interim parking request on undng roa38 the surro he City"''raqv impose reasonable 39 requirements grid conditions including a traffic study if necessary par , d c40 im 'kinmermt to ersure he contiuompatibility 1 1 2 (91 Parking .fees for: Interim Parkme permitted and a Proposed fee' 3 schedule must :be. submitted with .the applreation for Interim 4 bar km '. pgL ermit 5 6 (10) All signage must be In accordance with the portable commercial 7 parkmg:lot.si2n regulations; "as found in Section 20 -4:3. 8 9 (11) All attendants must be well' - loomed grid wearing easily identified 10 umforrris. 11 12 (121 Attendants shall not station themselves' upon the public r hg�t -of- 13 way for the purpose, of actively !`attracting customers or., for any 14 other purpose, ".which; results in' an interruption, to pecieSt and 15 vehicular tfaff R& ROW: 16 17 13 The CitV'rnAv re uire'Me o 'erator!to`hire offid bbfic& officers. 18 19 X14) The Interim Eyent parking iperm t may " be revoked by the City 20 1Vlanager' upon' finding .that!'the use is not in cornpl ance with the 21 W_ of is causang q,�ii nuisance. 22 23 24 [Sec 204.4(K)] 25 26 [The below is amended and renumbered Section 20- 4.4(L)] 27 %�rv,n U; rr ri'nnc. 12 4%n�%,i +n r7�rn,n n,nr, % %r• z?vr.n;, }in nc. 28 29 PTO NorU;v,n `Franc nl,r�rnao �.r n +k a�+ Mam11NaM/] +tnN c,l, n'�� `l,e n�,nrna v r i>.iuU. iV VJ� Vi1111�VV Vl W411V1 1V111 US 30 f ^, +t,a ,c�p Ncr' lr oll `�}� =c vc�ir rinnoc na vNnc>G 31 i ^�RLfGEA'rjJ���G[�� iali' p11�i 32 below. 33 {� }�T ^ ±1 o�,��i �a nnN O +Y„va +�+j_ „yin ono 111 - JLIGLI�WV cu 11x11 fees, 3�4 T //.TL[V�C n�+oMnao /lY n +�aY Y n11lNOM.] +1-nN T^Y�Nll��1n�,) n,2>Y,a� HAtciNl,- [,Nrines 1' W Y,:IIVVL F..{L.... , =�F7Q.V��7� 35 or _fnY'nfft c, +r a+ � 4 "Aa Q:nfkn- an Nr,+ an . .� '�•� +l,•a `r ', rag Vl. 1.Ja.L11111 S J�.JIi VU 11V4 V�N11Vli- 36 A,> A(v ) N� ;Nr, in.Wnr ; � � j, waive 37 iyabi it] e P I'" 6j :n- — ihp �r�cpts �rj uv9'b�c cmucl�uC�1 term is ,h11N vv11K {. ' 4,1 V11J11� 1V11,T VU 39 Whe-i+ i+ ry a +arm ;No01 +: ,a �n��n ii;Nrt nY; +aY; +• 4 kVI.V1111111Vn +14J 11ZQ` 40 (a) Tie —So �6efthp ge— of oth 41 r€nu- 3s�fef the „ -�xc€s ancI'e e 42e�t�'Y�6naq +h i r a�� Mk e�e�es�e� e stream - 43 - needs for- nee s fo Nrnhprtc> ct>;+1,1N +1-,a (~;h: V 1J1Vj., Vl L,' Y,,1 G1II 44 ,,,,�air,r N nrN[ +Ml,n4;nN nr rannN[ IY„n +;,N' bWlll� vvalJ �l uvulWlr Page 5 of 9 m d P-rq uP,:h � T -• r nwi4°rio or° m°f 1 TL,P nnl'P vi +«+nno�ia: Hnrlr ;Hrt TPG nlnnNrtP n>• Af1lnN z-n . 2 AL nH c+oA n-ry 3 n +NPPf lop nP.i CHn APn `fn nPM>P f11P 1PC+nPP�n nl-'� afrPPf 'n>1r�ri ll[i 4 n Prin FAN HNAY 1 °j: <Y <l �1f MY f�P �tf[T AT CAHf11 /1 -tOmt cx]11i Y Y- 7 > 5 6 7 Th° f;m -P i�Pr�A� �Atollnh` n ! <vn ;ir°r olnrill iHnf Pv'nPPiintiiP aawaa v J v 8 <tsH n fi,rft,nN 9 Pt a HNn[nn n T .ii =F 41t;c 1<nrn Hlf�fno+ ' "-A TPV1�I' 10: 11 12 /, TkP [STnt[1°N <`1>; 11 HAf rPn if ;H n [T1A1n +;AH At +u _-r ofrPOf 13 Llv. < Mp.<ll1N °mP11fn Pn +nll;nka.�'1;< A,t;:11P Y�7.Af:f1P T nH.i 15 16 1 1 AnPn A Hl[ nll�n f1AH 'f�P H�Mnn P' LG nHA�nM 17�d- ete- leasek;,,,. pHs"- Shnrnei� -f 1?, 18 nFF o;fP'Hnrlri'rirt nr, -02, <i>1 ;n�" nNO ;flnox tH oii'n °nn ` F F1tnnP 19 rintiL ;HA- �bHnncnl rnn„rorl fnr -t11P 1Pi nnrin «Thtinit .�rP'.,1Hl,nti a 20 � 1° `se =0 4vIs§61 S e Tte- 21 fAfnl 1'P6nhlo cHnn° 22 23 (3) Commercial Parking. Lots shall be considered as any parkin . lot or 24' structure' which provides) parking spaces fora fee; charge or other 25 remuneration "and shall . be permitted. `PI and 26 TODD zoninia districts `pursuant to the following conditions: 27 28 (a) The use shall not be the principal use and shall serve' only 29 as an accessory use. 30 31 (b) The use shall have a current South Miami occupational 32 license. 33 34 (c) The ius e shall not be subject to the regulations contained in 35 Sections "20 -3 6(I)(3), relating .to :accessory structure or 36 use setbacks and location,''' but "shall 10, e required to_ comply 37 with the remainder of 20 =3 6(I); Section 20 -4:4, Section,20= 38 4.5 and all other applicable regulatroris of the South. Miami 39 Land Development Code. 40 41 (d) Fora `iven parcel. on which .a. commercial .parkin' lg ot. is 42 located, no commercial parking' 1ot shall .' charge a eeT or. 43 other remuneration for the. code re `uiq red `parking spaces 44 which serve "that parcel's principal 11§! s, . 45 Page 7 of 9 1 (e) For the purpose of Commercial Parking; Lots onW. the 2 parking spaces required by this Code fora given izse 'shall 3 not be". considered _ as .required during that We non - 4 business hours. 5 6 �f)` A .report must be` submitted biannually that includes the 7 following: 8 9 i.' Ari examirnation fee of $500 P` ' ent ro p e Y owner 'cons _ 0 ition .demon tratm :the awareness of 75% of iii. A et _s ffd udna12 (s) 13 iv. A sur ev and site plan/floor plan demonstrating all 14 physical aspects .of the operation mcludm;,but not 15 limited to; the following; locat on.oi, licensed uses, comercia16 2­16t 17 area landscaping location and elevation of sh nage 18 and points of zn rg "ess %egress 19 V. List: of h esec nri uses', including hours of o erp ation, 20 located on the subjectarcel(s) 21 vi. Calculations, dernonstrat n2, the gross floor area 22 a)` sie ite uses, 23 nurriber of code required "parking spaces, number of 24 parking.,spaces iri' excess of `code requirements, 25 number of leased spaces and number of spaces 26 available for lease 27 vii_. Alf executed parking agreements, including_ fee 28 w_ schedule: 29 viii. Ali additional information required by Cfttlyr 30 31 (g) All attendants must be well +groomed and wear easily identified 32 uniforms. 33 34 (h) Attendants ' shall not - 'station themselves: upon the public ri h t -of- , 35 way for the - .purpose' of actively 'attracting customers or, for any 36 other. purpose which'' resulfs in an interruption to pedestrian: and 37 vehicular traffic flow: 38 39 G) All signage must comply with Section 20 -4.3 of the LDC. 40 41 The City may require the operator !to hire off duty police officers. 42 43 LkL'' The parking lot shall'be kept fre& from"litter, as that term is defined 44 by liapter 13A -2 of the City Code of Ordinances. 45 Page 8 of 9 1 (1) The Commercial Parking Lot occupational license may be.revoked 2 by the Cites lylanaer upon a "f ndirig that :the use is not in 3 comphaice with the LDCor is causmpublic nuisance: 4 5 (5) '� Szeeial - Events Parking Permit In -SR MO .and, TODD : zomn 6 it d land avai lable..'for arkm ;,and the short terrri,duraton and districts, due to the hm e p g 7 single occurrence 'of many events Special Event "parking may" be permitted by the City 8 Mang eg r subject to the followincriteria 9 10 (a)" ' A site plan. demonstrating 'all physical aspects of . the operation 11 rnust be submitted and=approved'by the City. 12 13 (b) ` Permits for each lot may be issued for::Special Event parking on 14 pr vate or public' property for a period riot to exceed 15 days and 15 ;ma be renewed o n 15 d y c ays. 16 17 (c) An abplication'fee of:$150 is required. 18 19 (d) :Thel lot shall be restored to its original,conditon by the permitee, 20 upon the expiration, or cancellation, of the Special ; Eyent Parking 21 permit. 22 23 (e) Access to the parking lot shall be secured when the lot, is not in 24 use. 25 26 (f) Special , Event parking lots are not required to comply with the 27 South Mianii Land Development Code requirements related to 28 narkma lot landscaping = paying, or drainage; however; they shall: 29 30 i. Provide safe access to and: from the site without damage to 31 existing sidewalks or curbs through' an unproved; safe 32 driveway access. 33 ii. Secure any damaged area in such a fashion that will prevent 34 pedestrian or, vehicular access to such area and shall be 35 repaired within two week'' fthe occurrence of the damage. 36 iii: Provide a ten (10) foot wide level surface area along those 37 portions" of the property which abut a public' right -of -wad 38 where sidewalks are "not,available; to accommodate the safe 39 and unobstructed liassage of pedestrians. The Ct�X 40 allow a reduction in the width if the City determines that 41 .. safety concerns are otherwise m'et. 42 iv. Provide a parking lot surface that is level and suitable for 43 the quanti and frequency of traffic expected to use it, free 44 of trinnna hazards and wihout potential safety hazards. Page 9 of 9 1 v Maintain the ;parking lot -. in good" condition 'and avoid 2 conditions in of a liubhc nu isance; which shall 3 include but not be limited "to the following erosion 4 problems potholes silting of streets dust overgrowth and 5 kc'umulation of litter and debris.' 6 vi Keep the. barking lot free from litter as that,term -,is,,. defined 7 of the City Code of Ordinances: ` by .chater 13A 2'' 8 9 (a) The CitX shall assess the impact of >the Special Event barking 10 request on the 'surrounding road network The City mapose 11 reasonable requirementsand conditions; =mcludmg a trafficstudy if 12 necessary, to the Special Event parkng_permit to ensure the 13 continued compatibility with the surrounding road network. 14 15 �h) Special Event Parking lots shall provide:. parking for disabled 16 persons in accordance with all applicable law. 17 18 (i) Parking fees for Special Event parking are permitted ,and a 19 probosed fee schedule rnitst be submitted with the applrcat� ion for 20 Interim parking permit. 21 22 lj) All signage must be +in accordance. "with the "portable commercial 23 parkin lg_ot sign regulations, as found in Section 20;4:3: 24 25 (k) All attendants must be well- groomed and wearing easily identified 26 uniforms. 27 28 (1) ` Attendants shall not station themselves upon the public fight-of i - 29 way for the purpose 'of actively :attracting customers" or for any 30 other purpose which results in an interruption "to pedestrian and 31 vehicular traffic `flow: 32 33 gym) The City rnay require the operator to' hire off -duty police "officers. '. 34 35 (n) The Special Event parking_perrnit may be revoked by the CitX 36 Manager upon a finding" that the" use is not in compliance: with the 37 LDC or is causing a public nuisance. 38 39 40 Section 5. If any section, clause, sentence, or phrase of this ordinance is held to 41 be invalid or unconstitutional by any court of competent jurisdiction; the holding shall in 42 no way affect the validity of the remaining portions of this ordinance.' 43 { 44 Section 6. 'All ordinances or parts of ordinances in conflict with the provisions of 45 this ordinance .are hereby repealed. Page10 of 9 Page 11 of 9 ZONING REGULATIONS 20 =3.3 Z s h ' DISTINCT RLMN`S G,I H P P.C:P USE TYPE OO, 4R R R IR`0 ; A N R D K TRANSPORTATION, WAREHOUSING AND CQ � t CATIONS Racho & TV BroadcastingyStahoa P u P P P P 12 Bus, Tansit ,or Tan Terminal P P 7, 12 .Food 8ter- -age hockey P u 12 Material Storage Yard Storage Garage P.., 14 Transfer & Movuig Company P 14 Vehicle & jc'M Storage P 14 Pubhc Warehousing '& 'Storage p I4 MANUFAC G AND :INTENSIVE' USES Appazel Products p 114 Cabinet Makes ` & Millwork' gk Food Products *44, ttoir or distillery) P 14 Furniture &Fixture`s Machines Shop, !� P , X14 Ornamental Metalwork Shop �I g P� sin. t & AIhedProducts p I 14 Printing,; Pubhshin or Bookbindm ,,. g Sign Paintuig, &Lettering Shoe P . 14 ' Stone Cutting &,"P rocessing ,14 Z�re Vulcanizin ' & Retreadin _ g g, � P ITpholstery :Shop V IbRDINANCES . ,p EXCERPT FROM THE SOUTH MIAMI CODE OF Section. 15'-63 Mobile vendors: defi�ution and re ' lation (a): A mobile vendor is any person, firm, corporationor other entity 'which 'all,'goods; wares :and merchandise, including, specifically, food, food ;products: travels from plce to`place selling any and and beverages.'? (�)ir All mobile vendois are prohibited from operating or doing business in the City of South Miami except as hereinafter provided. (c) Mobile vendors selling food, food products and beverages may operate end do business';m I,zening distracts or upon construction sites where work is actively in progress upon the following terms and corditians;, i. ° No niebile - vendor s)zall station itself upon any ,public _ street ox' right of way Neither shaill any mobile vendor station itself upon any private property except with the express pe'irmission' of the owner thereof and in a manner which' does not impede the flow of traffic in public streets or rights -of - -way nori block pedestrian access II-I to streets or rights -of- -way. u All mobile vendor's �usi provide for their own trash and garbage removal such that no,trash or.garbage remain on the premises upon `which the vending was conducted. iii. No mobile vendor 1shall I remain in any one site longer than thirty (30)I minutes excepts in the case bf a special event, exhibitgi}, exposition, art show and/or festival not to exceed five (5) days and when further (specifically permitted by a mayonty 11 affirmative vote of the city commission by resolution. iv. Mobile vendors must operate from four -wheel motorized vehicles registered in the State'of Florida except in the case of faire; exhibitions and expositions not exceeding five (5) days. Supp. No. 3 37 I 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND C IT Y COMMISSION OF THE " 4 CITY OF SOUTH" 1VII . I F,LORID.A, RELATING TO DADE DAYS; 5 AUTHORIZING THE CITY MANAGER .TO DISBURSE THE Si7IVI OF 6 $1,800 00 TO MIAMI DARE COUNTY DAYS; INC. TO COVER THE 7 COST OF >TRA VEL HOTfiL AND RE GISTRATION: FOR THE ENTIRE 8 CITY COMMISSION TO ATTEND DADE DAYS IN. TALLAHASSEE, 9 FLORIDA ON APRIL 7:8, 1999, EXPENDITURE FROM ACCOUNT 10 NO: 13'15:513-4070, PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor ,and City; Commission of 'the City of South :,M are 13 actively seekuig, funds from Tallahassee in order to fund heir legislative priorities, and ` 14 15 WH ' AS ", this; year the entire Ci .Commission will be travelin tY g to Tallahassee 16 for Dade Days' which will take place Apri17, =8: `1999; and 18 WHEREAS, the Mayor and City Comission ;desire to allocate -this expenditure to 19 Account No1315.513- 4070. 20 21 NO,,WI , THEREFORE BE IT RESOLVED BY . 'THE MAYOR AND CITY 22 COMiVIISSI' �N OF THE CITY OF SOUTH MIAMI, FLORIDA; I 23 � 24 Section 1. The City; Manager is hereby, authorized to disbursement the sum of 25 $1,800`.00 from Account No. 1315.513 -4070. 26 27 Section 2. This resolution' shall "take effect immediately upon approval. 28 29 PASSED AND ADOPTED this day of 1999. 30 31 ATTEST: APPROVED: 32 33 34 CITY,CLERK MAYOR 35 36 Commission Vote: 37 READ AND APPROVED AS;TO FORM; Mayor Robaina: 38 Vice Mayor.Oliueros: ' 39 Commissioner Feliu: 40 CITY ATTORNEY Comnssioner, B "ethel: 41 Commissioner Russell: 42 Additions shown by unde_ rlinn an d deletions shown by. evetstleig. Dade'Da'ys Registration for HUNT :necx to the mount .ot s ;15 u , u u 3. For those of you planning to z Senate's Ball, the evening of I Bob Levy's office in Tallahasse ticket to attend this event can "OUR STARS ARE SHINING" 11thjA.N YOU MAKE MIAMI -DADE D ENCLOSED IS OUR CHECK IN THE '!AN (Contributions to Miami -Dade County Days, Inc. are on wnim-In t If hassee,.and tickets Dn a first -come; first - served basis. 0 0 to cover 1 k in the amount of $ AND WILLBE HONORED ON A 3ASI5 — MARCH 39 1999 * ** R THIS DATE House and the President of the ckets can be purchased through information. The cost of "$50 per -Dade Days check. WSARY SPONSORS HAPPENI JTOF$ uctible as charitable contributions) lTY DAYS, INC." and mail to: 1c.' 03