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04-18-95Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner:' Tom Cunningham CITY COMIVIISSION AGENDA Regular City Commission Meeting Meeting date: April 18, 1995 6130 Sunset Drive, So. Miami, FL Next Meeting date: May 2, 1995 Phone: (305) 663 -6340 Time: 7:30 P.M. PURSUANT TO FLA STAT. 266.0105, 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 CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT 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 to the Flag of the United States of America C. Presentations: none ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes April 4, 1995 2) City Manager's Report 3) City Attorney's Report CONSENT AGENDA -)/ na I 4) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Gary Alexander Illas as a member of the Planning Board of the City of South Miami to serve in such capacity until May 1, 1997, or until a successor is duly appointed and qualified. (Mayor Carver �, 3/5 5) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Karen Zeller as a member of the City of South Miami Planning Board to serve in such capacity until May 1, 1997, or until a successor is duly appointed and qualified. (Mayor Carver) 3/5 6) A.Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the expenditure by the City Manager of a sum not to exceed $2,540.77 for transportation engineering & planning services rendered by the firm of McMahon Associates, Inc., regarding the application by Sunset Red Ltd. for redevelopment of the Bakery Centre property and providing for disbursement from Account No. 1610 -3110 entitled "Planning Consultants." (Administrationy, 3/5 7) 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 Terminix International of exterminating service in all city -owned buildings and approving for service disbursements to be charged to Account No. 01 -1710 -4670 entitled "Maintenance and Repair - Grounds and Structures ". (Adm istration 3/5 8) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, urging the Florida Legislature to increase funding for school systems throughout the State of Florida to ensure that the summer school programs are continued. (Mayor Carver) 3/5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCES - SECOND READING AND PUBLIC HEARING 9) 6 -. qS-_ 66 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending a portion of Ordinance No. 18- 80 -1077, As amended, relating to occupational license taxes, providing for penalty to be levied against persons engaging in a business without an occupational license or failing to review an occupational license; providing for a thirty day grace period; providing the City Manager with powers of revocation; providing for right to appeal to the city commission; providing for orders to violators to cease and desist business; directing the City Attorney to enforce violations and penalties by civil action; providing for recovery of attorney' fees, court costs, administrative costs and penalties up to $250.00 As authorized in section 205.053, Florida Statutes; providing for an amendment to the fee charged for transfer of license; providing for powers to Building, Zoning and Community Development Department regarding 'zoning; providing for revocation of occupational license for violation of land development code, ordinances, development permits, covenants and restrictions; providing for an amendment to the fee charged for change of ownership providing for repealing section 13 -25 through section 13 -31 of the code of ordinances; providing for codification of ordinance no. 18 -80 -1077 As amended in the code of ordinances of the city of south miami, florida; providing for ordinances in conflict, providing for severability and providing an effective date. Ad nistration /B,Z,C &D) 3/5 10) An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending section 13 -55, Prerequisite to Issuance of License Taa; deleting section 13 -57 Supervision of Secondhand Dealerships by Police Department; and amending subsections (b) , (c) and (d) section 13 -58, Secondhand Dealers - jewelry, metal and coins of Chapter 13 "Licenses" of the Code of Ordinances of the City of South Miami; providing for severability, ordinances in conflict and an effective date. (Administration /B,Z,C &D) 3/5 RESOLUTIONS 11) A Resolution of the Mayor and City Commission requesting one County mini -bus for the municipality of South Miami, Florida. (Administration /Recreation)3 /5 i a 12) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to sign as approval and ratification for the City Commission the 1994 - 1995 Dade County PBA /City of South Miami Collective Bargaining Agreement. (Administration /P.D.) 3/5 / -9 -- 96-( 1 13) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, providing for cable television rate regulation increasing maximum permitted rates for basic tier cable services in the City of South Miami by Cable Satellite of South Miami, Inc. (Administration) 3/5 C> 14) A Resolution of the Mayor and City Commission of the City, of South Miami, Florida, appointing an Equity Study Commission to review and make recommendations for restructuring the Occupational License Ordinance of the City of South Miami, Florida. (Administration).,-,,,- 3/5 =69 15) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to application for loan from the Sunshine State Governmental Financing Commission; authorizing the City Manager to apply for an to negotiate the terms and conditions for a loan; requiring the City Commission to approve the loan before obligating the City on any indebtedness; providing an effective date. (Mayor and Comets' ) 3/5 c 16) A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to annexation; initiating boundary change procedures pursuant to Section 20 -3, Metropolitan Dade County Code; providing an effective date. (Mayor and Commission) 3/5 NONE NONE ORDINANCES - FIRST READING REMARKS 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING GARY ALEXANDER ILLAS AS A MEMBER OF THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI TO SERVE IN SUCH CAPACITY UNTIL MAY 1, 1997, OR UNTIL A- SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, there currently is a vacancy on the City of South Miami Planning Board; and WHEREAS, it is the desire of the Mayor and City Commission to fill the existing vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Gary Alexander Illas is appointed as a member of the City of South Miami Planning Board to serve in such capacity until May 1, 1997, or until a successor is duly appointed and qualified. PASSED AND ADOPTED this day of , 1995. APPROVED: ATTEST: Mayor Carver City Clerk READ AND APPROVED AS TO FORM: City Attorney RESUME Date: A,1 4 � /??y Name: GARy /`tLCX1IAI0CR z;i (AS I Phone No. home: Marital Status: S,taGLe on OF sanx MAN Address: 70ac SW 68 Cou RT work: exr /34 Years residing in so. Miami: (p Education: � yCAR S CO1 /e6 e organizations you belong to: 7_OASfH/iSlea TN/ekn,,; C AArnLcm o P `y0P�MCRtf Job Description: �_ ASSOCiAtc Re- 44.70rk, Below are listed South Miami Advisory Boards and Committees with their description, please circle two and mark first and second choice. capital improvement Advisory Board: Created 4/6/82 Ordinance No. 11 -82 -1134 - Composed of residents as well as persons operating businesses in the City. Total of 5 (five) members appointed by the Mayor with the advice and consent of the Commission. Members shall serve for two years, or until their successor is appointed. Study and determine the anticipated needs for public improvement and recommend a viable program for meeting those needs; recommend capital improvement budget based upon the estimated cost of public improvements; utilize the Master Plan information in analyzing land use, population trends, etc. Meet at least every three months. A quorum shall be of three- fifths (315) of the members. Code Enforcement Board: Ordinance No. 8 -87 -1280 dated 8/4/87 Created the Code Enforcement Board pursuant to Chapter 162, Florida Status; providing for the creation of Section 2- 24 of Chapter 11 of the City's Code of Ordinances. The City Commission finds it to be in the best interest of the citizens to have a Code Enforcement Board to enable the administration to more effectively enforce the Codes of the City. Consist of seven (7) members. Term of appointments shall be for three years. Members shall serve for the term appointed and until a successor shall have been appointed and qualified. Appointments for unexpired terms shall be for the reminder of the term and until a successor has been appointed and qualified. Also the Code Enforcement Board enforce the occupational license, building, zoning, sign and other related codes and ordinances of the City. Whenever possible, the membership shall consist of an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. Board 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 l RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING KAREN ZELLER AS A MEMBER OF THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI TO SERVE IN SUCH CAPACITY UNTIL MAY 1, 1997, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, there currently is a vacancy on the City of South Miami Planning Board; and WHEREAS, it is the desire of the Mayor and City Commission to fill the existing vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Karen Zeller is appointed as a member of the City of South Miami Planning Board to serve in such capacity until May 1, 1997, or until a successor is duly appointed and qualified. PASSED AND ADOPTED this day of , 1995. ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney APPROVED: Mayor Carver 6130 Sunset Drive (305)663 -6340 \2 CITY OF SOUTH NHAMI South Miami, Florida 33143 (305)666 -4591 (fax) CITY BOARD /COMMITTEE APPLICATION 1. Name A -� n/ �P / /Pa 2. Home Address i �LLr 7.p 3. Business Pai_ Ma,yA6eK 4. Business Address.,fi- P 5. Home Phone - ,3�E 7_Z Business Phone-- 6. Educational Backaround 7. Community Service �il Ll��hiT77�ii1�� .iS•-QV.�IJS�;►•r�:�1.34iriTlt• • ' 8. Are you a registered voter? Yes i/� No 9. Are you a resident of the City? Yes ✓/ No 10. Do you have a business in the City? Yes i/ No Signature Date Resumes will remain on file for one year s C3C` -''V (DV -4S(DTJ'r14 M:E2�_,M= INTER - OFFICE MEMORANDUM To: Mayor & City Commission From: Eddie Cox City Manager Date: April 7, 1995 Agenda Item # Re: 4/18/95 Comm. Mtg. Payment to McMahon Associates, Inc. Attached is a resolution from the Building, Zoning and Community Development Department regarding the expenditure of a sum not to exceed $2,540.77 to McMahon & Associates for the payment of traffic analysis /coordination in connection with the Bakery Centre redevelopment project. Due to the fact that McMahon Associates, Inc. did not complete the requested traffic analysis during the City's review of the Bakery Centre application last fall, we were forced to hire another transportation consultant during the final few weeks. Although the City did benefit from work done by McMahon Associates, Inc., we did not receive all that was needed. Therefore, a negotiated settlement was recently reached for remittance of 50 percent of the $5,081.53 billed in December 1994 as full and final payment. I recommend approval of this resolution. EC /ds attachments 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE EXPENDITURE 4 BY THE CITY MANAGER OF A SUM NOT TO EXCEED $2,540.77 FOR 5 TRANSPORTATION ENGINEERING & PLANNING SERVICES RENDERED 6 BY THE FIRM OF McMAHON ASSOCIATES, INC., REGARDING THE 7 APPLICATION BY SUNSET RED, LTD., FOR REDEVELOPMENT OF THE 8 BAKERY CENTRE PROPERTY AND PROVIDING FOR DISBURSEMENT 9 FROM ACCOUNT NUMBER 1610 -3110 "PLANNING CONSULTANTS ". 10 WHEREAS, the City of South Miami secured the transportation engineering and planning 11 services of the consulting firm of McMahon Associates, Inc., for the purposes of analyzing the 12 traffic impacts of the proposed Application for Special Exception by Sunset Red, Ltd., regarding 13 the property known as the Bakery Centre; 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION 15 OF THE CITY OF SOUTH MIAMI, FLORIDA: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 1. That the City Manager is authorized to disburse a sum not to exceed $2,540.77 to the firm of McMahon Associates, Inc., for services rendered; and, Section 2. That the disbursement be charged to account number 1610 -3110, entitled "Planning Consultants ". PASSED AND ADOPTED THIS 18`h DAY OF APRIL, 1995. ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor c: \reports�m cmahon.res Clay of South Miami BUILDING. ZONING & COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663 -6327 Fax (305) 666 -4591 April 6, 1995 Richard G. Coker, Jr. Attorney at Law Brady & Coker 1318 Southeast 2nd Avenue Fort Lauderdale, FL 33316 Dear Mr. Coker: This is to confirm our agreement reached via telephone on April 4, 1995, that McMahon Associates, Inc. has accepted the City's offer of $2,540.77 as full and final payment for Bakery Centre traffic analysis /coordination, as billed to the City on December 14, 1994 (copy of invoice enclosed). This agreed upon amount represents 50 percent of the $5,081.53 shown as due on the invoice, and is understood to be acceptable to both parties as full and final payment. As the agreed upon amount is greater than $1,000.00, the payment must be approved by the City Commission. Provided that the City Commission approves, we will remit payment to McMahon Associates following the next City Commission meeting, which is scheduled for Tuesday evening, April 18, 1995. It was a pleasure speaking with you, and I am glad that this matter has been brought to closure. Please do not hesitate to contact either me, or David Struder of my staf f , if you should have any questions or concerns regarding this matter. Sincerely, D, �-;� � 4, - /c, , Dean L. Mimms, AICP Director, Building, Zoning & Community Development Dept. DLM /ds enclosure cc: Joseph McMahon, P.E. Eddie Cox, City Manager "City of Pleasant Living" I f A11FAM VIVA, McMahon Associates, Inc. Transportation Engineers & Planners TERMS: NET 30 December 14, 1994 Invoice Number 9462, Project N94140.3 Mr Dean L Mimms, AICP, Dir /Bldg & Zoning City of South Miami 6130 Sunset Dr South Miami, FL 33143 -509.3 Project: BAKERY CENTRE TRAF ANALYSIS COORDINATION For: Coordinate with Developers Consultant, Finalize Scope, Observe Study Area. Billing period: October 29, 1994 through December 2,'1994 SERVICES Hours Rate - Amount Principal /V.P. 1.0 135.00 135.00 Sr Trans Planner 18.0 90.00 ".1,620.00 SrTran /GraphTech 2.0 50.00 100.00 Total Services 21.0 1,.855.00 EXPENSES Graphics /Reproduction Postage /Delivery Total Expenses OUTSTANDING INVOICES No. 94556 11/22/94 3,191.69 7.42 24.25. 1 -100 times 31.67 TOTAL THIS INVOICE TOTAL NOW DUE tV} D eD 2 0 1994 1,855.0 34.E 1,889.8 3,191.6 5,081.5 o DrAl ........................... 1015 York Road • Suite 200 Willow Grove, PA 19090 • (215)657 -5044 • (215)657 -3370 (fax) ��v -P'V OF SOUTH M =AM= INTER- OFFICE MEMORANDUM To: Eddie Cox City Manager From: Dean Mimms, AICP BZCD Director Date: March 28, 1995 Re: Mr. Coker's Letter - Ref. McMahon Assoc. Attached please find a letter from Mr. Richard Coker, attorney for McMahon Associates, Inc., regarding the disputed fee payment. As you can see by the letter, if no agreement has been reached within two weeks of the letter's date, which is March 23, 1995, litigation is likely to ensue. I would like to discuss this matter with you at your earliest convenience, in order to establish negotiating parameters. DLM /ds attachment LAW OFFICES BRADY & COKER A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 1318 SOUTHEAST 2ND AVENUE FORT LAUDERDALE, FLORIDA 33316 March 23, 1995 Dean L. Mimms, AICP Director, Building, Zoning & Community Development City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: McMahon Associates' Invoices Dear Mr. Mimms: JAMES C. BRADY, P.A. e RICHARD G. COKER, JR., R. A. CATHERINE RAFFERTY TELEPHONE (305) 761-140A TELEFAX (305) 761 -1489 *JAMES C. BRADY ALSO MEMBER: VIRGINIA BAR AND BAR OF THE DISTRICT OF COLUMBIA WASHINGTON O.C. TELEFAX (202) 547 -0863 I represent McMahon Associates, Inc. and I have been asked to address the invoices of McMahon Associates which have been sent to the City of South Miami. I understand that you have made an offer of $1,270.39 as full payment for the outstanding invoices which total $5,081.53. This is unacceptable to McMahon Associates for all of the reasons expressed in the letter dated January 30, 1995 from Joseph McMahon and Walter Bertschinger. McMahon Associates has no desire to get into a protracted disagreement with the City of South Miami, but McMahon Associates cannot accept the unfair treatment and the unfair settlement offer that it has received so far. I have been authorized to proceed to collect these unpaid invoices by any manner necessary including litigation. I do not believe that there is any dispute that the work that the City was invoiced for was actually performed by McMahon Associates. I do not believe that there is any dispute as to the quality of that work. I do not see why the City would want to take the position that McMahon Associates is not entitled to full payment in this matter. I hope that this matter can be worked out between the City and McMahon Associates, but if no agreement has been reached within two (2) weeks of the date of this letter, I will proceed as instructed to institute litigation to recover the full amount owed, plus attorney's fees and costs. Please give me a call if you wish to discuss this matter further. incer d `1 R R G. CO JR. _ For the Firm RGC:tmc MAR d 19� cc: Mr. Joseph McMahon S:ITERRY\WP5ID0CS\M1MMS.LTR RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COPIMISSION OF THE C1 TY CF U T H MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER Tn ENTER 7NTO CO.ITT'ACT WITH TERMINIX INTERNATIONAL FOR EXTERMINATING SERVICE iii ALL CITY- OWNED BUILDINGS AND APPROVING FOR SERVICE DISBURSEMENTS TO BE CHARGE TO ACCOUNT HUMBER /t1- 1710 -4670 MAINTENANCE ARID REPAIRS - ?. GROUNDS AND `rRUCTURES. r. i0 11 WHEREAS, it is presently costing the City $2,804.40 annually 12 to contract for exterminating service with Truly Nolan 13 Exterminating, Inc.; and 14 15 WHEREAS, the City Administration considers this amount to be 16 larger than the prevailing rate charged in the industry; and 17 18 WHEREAS, in accordance with the City's bid procedures, 19 proposals for services were requested and obtained from three (3) '0 companies as indicated on attached documents; and �1 22 WHEREAS, it has been determined that the lowest bid of 23 $1,740.00 annually for quality service desirable is from Terminix 24 International. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 27 THE CITY OF SOUTH MIAMI, FLORIDA. 28 29 Section 1. That a contract for exterminating service be 30 signed with Terminix International. 31 32 Section 2. That the disbursements for the service be 33 charged to Building Maintenance Account No.01 -1710 -4670, 34 Maintenance and Repairs - Grounds and Structures. 35 36 PASSED AND ADOPTED THIS DAY OF , 1995. 37 38 APPROVED: 39 40 41 42 NEIL CARVER, MAYOR 43 ATTEST: 44 45 46 47 48 CITY CLERK 49 50 READ AND APPROVED: 51 52 53 54 CITY ATTORNEY n k %-dj ALL DADE EXTERMINATORS, INC. 4463 S.W.71 AVENUE* MIAMI, FLORIDA 33155 • TELEPHONE 667 -6700 PEST CONTROL SERVICE AGREEMENT FOR: r'TTV nt:' cnljTU •nTpA ?T Fearu®in LOCATED: 6130 SUNSET DRIVE; FOUTH MIAMI 33.143 , ^.100.00 mo. to 4795 S. ?•1. 75 Ave. 2 BLDG 2 X25.00 EACH mo. I. ALL DADE SERVICE 51 21 S. ;d . 68 S t. 2 5. 0 0 m o. ALL DARE will perform regular service for the control of: 1N000R PEST CONTROL Y Roaches, Ants and Silverfish FLEA CONTR•)L Y Rats and Mice LAwN SPRAYING' X T R p CHAR G F Ticks and Fleas FERTILIZING II. MATERIALS A. The materials used in pest control work shall conform to Federal, State, and local ordinances, laws and shall be acceptable to you. B. Rodenticides shall be used with all due precaution to avoid accidents to humans, domestic animals and pets. They shall be acceptable to you. C. All pest control work shall be perfor=med in a safe manner and in accordance with the most modern and effective scientific pest con- trol procedures. III. YOUR COOPERATION Your cooperation is important to insure the most effective results from ALL DADE service. Whenever conditions conducive to the breeding and harborage of pests covered try this contract are reported in writing by ALL DADE, and are not corrected by yon, ALL DADE cannot assure satis- factory service. IV. INSURANCE ALL DADE has full insurance coverage and, if desired, will furnish certification. V. TERM OF AGREMMT This agreement shall be effective from month to month unless written notice is given by either part7. If ALL DADE fails to comply with the specifications, they shall be given thirt7 (30) daps notice to render satisfactory service. If at the expiration of such thirty (30) days notice, the unsatisfactory conditions have not been corrected, you reserve the right to cancel the agreement. The cost of service shall be $ i 0 for initial service, and $ 17 5 .0 0 per month for a period of 1. 1 months. In the event it is necessary to resort to an attorney or court of law for the collection of this agreement, the purchaser agrees to pay a reasonable attorney's fee, court costs, plus interest from the date of this agreement. Amount Remitted Check Cash Start Date SUBMIT FOR ALL DADE DATE:` ACCEPTED FOR: BY: DATE: ALL WORK SUPERVISED BY A GRADUATE ENTOMOLOG /ST (BOA g y lam tL J/ ? J I g - / f - y/ -p (L o 17600 South Dixie Highway Miami, Florida 33157 305- 238 -0404 1- 800 -581 -2944 Industrial — Commercial — Institutional Pest Control Service Agreement 9'7 y y-//-7,/ ! , i f r� Phone: Business i Billing Name: / -/-Ai � z /� � _ r—� Billing Address: _l L ��. "r t.� / �'���/�. ✓ /.= ' �� • City: State: zip: 1. SCOPE OF SERVICE: A. Servi a to be performed for the following pests: ( oaches [s] Rats [ KMice [ Knts [ 4-spiders [ -1 Other (specify) G B. Flying insects and fleas or any other pest not specifically listed shall incur an extra charge if requested by the customer. C. Any rodent proofing or other mechanical alterations found to be necessary can be done at additional cost to the customer. Authorization for additional work of this type will be on a separate agreement. 2. SERVICE SCHEDULE �Bob's Spray Service's representatives will service the Customer's premises ;?-/, Time per month ❑ 2 Times per month ❑ Other: Date of initial service 2/Day Service �: Night Service (extra charge) Bob's Spray Service's representatives will provide additional service as it is deemed necessary by Bob's Spray Service and the Customer at no additional charge. Such service visits shall be made promptly when requested by the Customer. Additional Instructions: (person to contact, etc.) O jf 3. PAYMENT: In consideration for the servicp, to be provided by Bob's Spray Service. Inc.. the Customer agrees to pay to Bob's Spray Service, Inc., its successors or assigns, the sum of $ f✓' , plus tax for the initial month's service and $ 40 plus tax per month for the following eleven (11) months. Payment shall be due upon receipt of invoice. 4. TERM OF AGREEMENT: This agreement is effective for a period of one year (12 consecutive months) and shall renew month -to -month thereafter unless written notice is given 30 days in advance by either party. 5. LEGAL OBLIGATION: Should it become necessary to retain legal counsel in order to enforce the terms of this agreement, then reasonable attorney's fees and court costs may be collected. 6. PEST DAMAGE: The Customer agrees that Bob's Spray Service, Inc. is not responsible for insect or rodent damage or disruption to its operation. premises or its contents, and the Customer specifically releases Bob's Spray Service from liability for any such claims. In no case can liability be greater than our monthly service. 7. CUSTOMER COOPERATION: A. Pest management includes the utilization of pesticide materials and devices (the responsibility of Bob's Spray Service, Inc.) integrated with the maintenance of sanitation and the mechanical pest proofing of buildings (responsibility of the CUSTOMER). B. To this end, the Bob's Spray Service technician shall prepare a sanitation report, such as that submitted with this agreement, after each service and it is to be signed and retained by an authorized agent of the customer. The CUSTOMER agrees that conditions reported therein as being inconsistent with good sanitation and effective mechanical prevention will be corrected expeditiously. Failure to cooperate in the correction of these conditions may cause Bob's Spray Service, Inc. to give 30 days notice of intent to cancel and bill balance of agreement with no further service rendered by Bob's Spray Service, Inc. C. Delay of more than 15 days will result in cancellation and billing of balance of agreement. a. MATERIALS: The materials used to control pests in and around Customer's premises shall conform to Federal, State and local laws and regulations, and shall be used with all due precautions to avoid the possibility of accident to humans, domestic animals, and pets. All Pest Control work shall be performed in a professional manner and in accordance with the most modern, effective and scientific Pest Control procedures. Accepted by: By: CUSTOMER OR AGENT BOB'S SPRAY SERVICE, INC. Date accepted: r— 30L -9 73 (p RrV m y eo I 17600 South Dixie Highway Miami, Florida 33157 305- 238 -0404 1- 800 - 581 -2944 Industrial – Commercial – Institutional Pest Control Service Agreement Business r Billing Name:. / 'i' - C •! ; Y /i! "f Phone:, �, � / y Billing Address: / City: / f� / /b�� State: _�G Zip: 1. SCOPE OF SERVICE: A. Sra to be performed to the following pests: Roaches to tt�t [ >,fMice [J] Ants [eiders [ _Other (specify) f'.i T B. Flying insects and fleas or any other pest not specifically listed shall incur an extra charge if requested by the customer. C. Any rodent proofing or other mechanical alterations found to be necessary can be done at additional cost to the customer. Authorization for additional work of this type will be on a separate agreement. 2. SERVICE SCHEDULE 8s Spray Service's representatives will service the Customer's premises 1 Time per month C3 2 Times per month ;- ther: Date of initial service Day Service C Night Service (extra charge) Bob's Spray Service's representatives will provide additional service as it is deemed necessary by Bob's Spray Service and the Customer at no additional charge. Such service visits shall be made promptly en requested by the Customer. / r Additional Instructions: (person to contact. etc.) 3. PAYMENT: In consideration for the service to,be provided by Bob's Spray Service. Inc., the Customer agrees-to ply to Bob's Spray Service, Inc., its successors or assigns, the sum of $ plus tax for the initial month's service and $jam! ' plus tax per month for the following eleven (11) months. Payment shall be due upon receipt of invoice. 4. TERM OF AGREEMENT: This agreement is effective for a period of one year (12 consecutive months) and shall renew month -to -month thereafter unless written notice is given 30 days in advance by either party. 5. LEGAL OBLIGATION: Should it become necessary to retain legal counsel in order to enforce the terms of this agreement, then reasonable attorney's fees and court costs may be collected. 6. PEST DAMAGE: The Customer agrees that Bob's Spray Service, Inc. is not responsible for insect or rodent damage or disruption to its operation, premises or its contents, and the Customer specifically releases Bob's Spray Service from liability for any such claims. In no case can liability be greater than our monthly service. 7. CUSTOMER COOPERATION: A. Pest management includes the utilization of pesticide materials and devices (the responsibility of Bob's Spray Service. Inc.) integrated with the maintenance of sanitation and the mechanical pest proofing of buildings (responsibility of the CUSTOMER). B. To this end, the Bob's Spray Service technician shall prepare a sanitation report, such as that submitted with this agreement. after each service .and it is to be signed and retained by an authorized agent of the customer. The CUSTOMER agrees that conditions reported therein as being inconsistent with good sanitation and effective mechanical prevention will be corrected expeditiously. Failure to cooperate in the correction of these conditions may cause Bob's Spray Service, Inc. to give 30 days notice of intent to cancel and bill balance of agreement with no further service rendered by Bob's Spray Service, Inc. C. Delay of more than 15 days will result in cancellation and billing of balance of agreement. 8. MATERIALS: The materials used to control pests in and around Customer's premises shall conform to Federal. State and local laws and regulations, and shall be used with all due precautions to avoid the possibility of accident to humans, domestic animals, and pets. All Pest Control work shall be performed in a professional manner and in accordance with the most modern, effective and scientific Pest Control procedures. Accepted by: By: �:_/•-�JY�j1 1-7� . ,: i ,' LLB j o% CUSTOMER OR AGENT BOB'S SPRAY SERVICE, INC. Date accepted: i I 17600 South Dixie Highway — Miami, Florida 33157 / - 305- 238 -0404 t 1- 800 -581 -2944 Industrial - Commercial – Institutional Pest Control Service Agreement- Business r Billing Name: / i i� /, -'r �/ / �' 1 /� i �y Phone: Billing Address: (' r- �i V C 1�C% %� -! -' %? City: ��� f 7� Slaw Zip: ham' /r `°l j 1. SCOPE OF SERVICE: A. Servi a to be performed foo the following pests: ( 7oaches [/] ;ats ( /Mice ( �nts { /Spiders { .�J -Other (specify) r r B. Flying insects and fleas or any other pest not specifically listed shall incur an extra charge if requested by the customer. C. Any rodent proofing or other mechanical alterations found to be necessary can be done at additional cost to the customer. Authorization for additional work of this type will be on a separate agreement. 2. SERVICE SCHEDULE 7 Spray Service's representatives will service the Customer's premises Time per month 2 Times per month Other: Date of initial service 2' Day Service ❑ Night Service (extra charge) Bob's Spray Service's representatives will provide additional service as it is deemed necessary by Bob's Spray Service and the Customer at no additional charge. Such service visits shall be made promptly vliem requested by the C st mer. :�7 Additional Instructions: (person to contact, etc.)- i� /Lr�- r «'��CT LILI 3. PAYMENT. In consideration for the service t b provided by Bob's Spray Service. Inc., the Customer agre t aX to Bob's Spray Service. Inc., its successors or assigns, the sum of $ plus tax for the initial month's service and $ C plus tax per month for the following eleven (11) months. Payment shall be due upon receipt of invoice. 4. TERM OF AGREEMENT: This agreement is effective for a period of one year (12 consecutive months) and shall renew month -to -month thereafter unless written notice is given 30 days in advance by either party. 5. LEGAL OBLIGATION: Should it become necessary to retain legal counsel in order to enforce the terms of this agreement. then reasonable attorney's fees and court costs may be collected. 6. PEST DAMAGE: The Customer agrees that Bob's Spray Service. Inc. is not responsible for insect or rodent damage or disruption to its operation, premises or its contents, and the Customer specifically releases Bob's Spray Service from liability for any such claims. In no case can liability be greater than our monthly service. 7. CUSTOMER COOPERATION: A. Pest management includes the utilization of pesticide materials and devices (the responsibility of Bob's Spray Service, Inc.) integrated with the maintenance of sanitation and the mechanical pest proofing of buildings (responsibility of the CUSTOMER). B. To this end, the Bob's Spray Service technician shall prepare a sanitation report, such as that submitted with this agreement, after each service and it is to be signed and retained by an authorized agent of the customer. The CUSTOMER agrees that conditions reported therein as being inconsistent with good sanitation and effective mechanical prevention will be corrected expeditiously. Failure to cooperate in the correction of these conditions may cause Bob's Spray Service, Inc. to give 30 days notice of intent to cancel and bill balance of agreement with no further service rendered by Bob's Spray Service, Inc. C. Delay of more than 15 days will result in cancellation and billing of balance of agreement. 8. MATERIALS: The materials used to control pests in and around Customer's premises shall conform to Federal, State and local laws and regulations. and shall be used with all due precautions to avoid the possibility of accident to humans, domestic animals, and pets. Ali Pest Control work shall be performed in a professional manner and in accordance with the most modern, effective and scientific Pest Control procedures. Accepted by: By:� /7/ CUSTOMER OR AGENT BOB'S SPRAY SERVICE, INC. Date accepted: ❑ Multiple Locations Attach Location Listing it 11... 1 ►: f { f 1 1 it i w • / • 1 :y - 4 " ' }� .. rzir"t'. =• Tennindx will perform regularly scheduled service at the above service address for the control of the following pests: Roachese Service Frequency Sh Anxcludiinng Carpenter and Pharaoh) ❑ Monthly ❑ Weekly her AZ F � U®0 ���5❑ Semi - Monthly ❑ Other 1 1 1 �^� � = cir..�: � �S x.;»�a'3tr'�' /, w?°pb'�r�}�""�#'"`' {u `� miv?•'x�:. ❑ Customer Preparation Checklist Part 1 ❑ • Sighting Log ❑ ' `. ❑ Customer Preparation Checklist Part 2 ❑ Customer Prep. Checklist for Apartments ❑ ❑ Service Schedule Checklist ❑ Optional ❑ T xf 1lx..ni •.waw.+�,a:s'*a�,. +'N+.u'w ."s'. - ffr w•+Z.r .t °� nft`�'�. .;' .,-a wi fit'. `5;�" rti i* "'� „c'+�.�..�r. �'+ti�;� �^'*y .r� initial Service Per Service Company ' '- Contact Amount Deposit Number Account Number Address rim {� i Telephone City Address zip l City State 22 1, 33 , ?! 1�-- S s Telephone <.' 1 State p-33! ❑ Multiple Locations Attach Location Listing it 11... 1 ►: f { f 1 1 it i w • / • 1 :y - 4 " ' }� .. rzir"t'. =• Tennindx will perform regularly scheduled service at the above service address for the control of the following pests: Roachese Service Frequency Sh Anxcludiinng Carpenter and Pharaoh) ❑ Monthly ❑ Weekly her AZ F � U®0 ���5❑ Semi - Monthly ❑ Other 1 1 1 �^� � = cir..�: � �S x.;»�a'3tr'�' /, w?°pb'�r�}�""�#'"`' {u `� miv?•'x�:. ❑ Customer Preparation Checklist Part 1 ❑ • Sighting Log ❑ ' `. ❑ Customer Preparation Checklist Part 2 ❑ Customer Prep. Checklist for Apartments ❑ ❑ Service Schedule Checklist ❑ Optional ❑ T xf 1lx..ni •.waw.+�,a:s'*a�,. +'N+.u'w ."s'. - ffr w•+Z.r .t °� nft`�'�. .;' .,-a wi fit'. `5;�" rti i* "'� „c'+�.�..�r. �'+ti�;� �^'*y .r� Down Payment initial Service Per Service Amount . Sequence Number Received At Completion Down Payment . Amount . Sequence Number Received At Completion Amount Deposit Number Account Number his is to certify that Tax Exemption Certificate Number has been furnished with this agreement to Terminix. Customer/Agent Signature :� 11 It ►' 1 1 • .t1 • { a>: Y:"F's'�'i�� �$ .K -. °f -' {-� ` - ' Y 1 aa�+ 'S .;,4,i-5r -� - rtninix Office r 1dress ,4- li-nh lnie to �7 % C7 This �nt is not valid .ear flit NUN N) °xNTERR ®YxOM�� 991 THE TERMINIX INTERNATIONAL COMPANY L.P. EYr 3=1 BY— Tide Date This agreement is subject to the conditions on the front and back. accepted by customer within 30 days of submission. BRANICH COPY Company . , City State r L.` �^ ��,, �zip Telephone � 6!5,. : ;V - - - Telephone q � l CC Address 6 f . t4l S City am r State Zip ❑ Multiple Locations Attach Location Listing Tentni>nixCommerctial Pest.Control Terminix will perform regularly scheduled service at the above service address for the control of the following pests: ,;eRoaches 2-Vice Service Frequency .? /Silverfish F�4l is (excluding Carpenter and Pharaoh) Monthly ❑ Weekly �f Rats Other ❑ Semi - Monthly ❑ Other Adclen Tid'fcatedPoritts ure`Pdrt a ..: ❑ Customer Preparation Checklist Part 1 El Sighting Log ❑ ❑ Customer Preparation Checklist Part 2 ❑ Customer Prep. Checklist for Apartments 0 Service Schedule Checklist Initial Service Per Service 06 Amount Down Paytnent Amount Sequence Number Received At Completion Amount Deposit Number Account Number This is to certify that Tax Exemption Certificate Number has been futnished with this agreement to Terminix. Termuwr Authorization . �.. Terminix Office Address // 1 z;tj-.) 4 q TPlenhnne _ In (,j-_ l 7 -- V (_) — By ( ) Manager's w w Ob n+• T��M /M/Jr �~TERMeTI���� Customer /Agent Signature BY— Title Date This agreement is subject to the conditions on the front and back. is not valid unless accepted by customer within 30 days of submissiom �J 1931 THE TERMINIX INTERNATIONAL COMPANY L.P. KEW 3=1 RPANCH COPY - 4* Company 1 i t v !'r\ M i I Contact �N-1 Address S r, S E4 Telephone City M ` Address State Zip City Telephone 6 65 633 ,i State Zip j ❑ Multiple Locations Attach Location Listing Tesmin>�: erciai Pest Control k: ;� Terminus will perform regularly scheduled service at the above service address for the control of the following pests: achese Service Frequency �verfish is (excluding Carpenter and Pharaoh) mthly ❑ Weekly ❑ Other ❑ Semi - Monthly ❑ Other Alden >= Indicated "Forms -are Part of tb>rs.. - , xr �. � `� ❑ Customer Preparation Checklist Part l ❑ Sighting Log ❑ ❑ Customer Preparation Checklist Part 2 ❑ Customer Prep. Checklist for Apartments ❑ ❑ Service Schedule Checklist ❑ O onal ❑ �Ee �oI(ce Blk; j!,)) Initial Service Per Service 95 9-6 Down Payment Amount Sequence Number Received At Completion Amount Deposit Number Account Number This is to certify that Tax Exemption Certificate Number has been furnished with this agreement to Terminix. Customer /Agent Signature CUtOIICT Tm r>zad A Terminix Office Address qwmauw- ' Approval is not valid (r. v TIERNMIX) � ~TEMN�TIOM�'�' BY— Title Date This agreement is subject to the conditions on the front and back. by customer within 30 days of submission. 'J 1991 THE TERMINI( INTERNATIONAL COMPANY L.P. KEY/ 33231 ^ Njy.�"i . 3 P y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ON RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION URGING THE THE FLORIDA LEGISLATURE TO INCREASE FUNDING FOR SCHOOL SYSTEMS THROUGHOUT THE STATE OF FLORIDA TO ENSURE THAT THE SUMMER SCHOOL PROGRAMS ARE CONTINUED. WHEREAS, severe cuts in funding for the use of all the schools of Florida will probably be approved by the State Legislature; and WHEREAS, more than 70,000 Dade County students in kindergarten through eighth grade will find no school at all open for Summer in 1995 if this State Legislation is passed; and WHEREAS, in Dade County, last year, the summer school program, which serves more than 70,000 children was already cut from 30 to 23 days; and WHEREAS, the Coalition for Restoration of Funding for Summer Schools, an ad hoc group called together by the Social Action Committees of Temple Beth Shalom of Miami Beach and Temple Israel of Greater Miami, urge the City and County governments and all citizens of the State of Florida, to join together to support the school systems Summer Program for Florida's children. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That all residents of the City of South Miami, Dade County and the State of Florida, are urged to join together to urge State Legislators, by phone, by mail or by fax, to provide adequate funding for the school system to ensure that full summer programs are continued at our schools. Section 2. The City Clerk is instructed to send copies of this resolution to members of the Legislature so they will know that the City of South Miami City Commission supports the Summer School Programs in our state. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: NEIL CARVER, MAYOR , 1995. Rax D. Perimeter Rabbi Oana L. Magat Assistant Rabbi Director of Education f Don R. Bern Ott Cantorta) Soloist Alan B. Hstlig Executivs Director a BOARD of TRUSTEES Stanley G. Tate. President Barnard Jacobson Vice President•Administraufon JoAnne gander Vice President-Edueadon Barton S. Sacher Vice Praakfent•Fund Raising Lois Newmark Vice Pres1dsnt•M4rnberah1p Est* Friedman Vice President • PreVemming Angola Saehsr Secretary Michael A. Silver Treasurer Nathan Gamenick Honorary President sanely L. Olson Honorary Trusts. Bertha U. Abess E. Richard Athadeff Peter L. Bermont' Rortnt Bennont Leslie Colter Marilyn Elila Joseph Fatcus Martin Fine' David S. Fleiman' Joseph A. Garfield' Elinor Glassman Grads G. Goldstein Douglas Jacobs Burton S. Kahn' Leonard D. Klein Michael 'Koanit=ky James 1. Kramer Selma R. Newman Michael 0. OrwAtx Norma A. Orovits' Arnold P. Roast' Capdau Ruskin' Jack Schillingse Judge Eleanor Schockett Debra H. Schwarts Gerald K. 5chw4rtaf Murray Shear Michael Sherman Sandra Eamon Penny Stainer Candace'5tavene James A. Wainkia Henry E. Wolff' Henry E. WOW. Jr.' i :.� 1116i..r 3 1 i leaasa April 10,1995 Dear Mr. Mayor and Commissioners: This letter is written to request that your city government consider passing a resolution requesting additional funding for the summer schools of this county from the state government in Tallahassee. As you will see by the enclosed flier, there is a great danger that many of the local schools will be completely closed during the summer months. This will not only be inconvenient for the parents and uncomfortable for the students but may well be a contributing factor to difficulties in community climate because the students affected will not be served during that period. ,We are gravely concerned that existing community programs will be unable to cover this special need. We need your prompt action in the form of memorials to Tallahassee or any other pressure you can bring to bear to alleviate this situation. Thank you for your prompt attention to a i r equest. thy L. Se otter Social Ac ion Chair. Tikkun olom Committee Temple Israel of Greater Miami on behalf of the Ad Hoc Coalition for Restoration of Funding for the Summer Schools TEMPLE ISRAEL OF GREATER MIAMI 137 N.E. 19th Street, Miami, Florida 93132 (305) 573.5900 a Fax: (305) 573 -5904 10: 2'_ severe cuts in funding for the use of all the schools of Florida will probably be % approved by the legislature unless we act to stop this plan More than 70,000 Dade County students in kindergarten through eighth -grade classes will find no school at all open for summer school for them in 1995 if the proposed state allocation of funding is passed. Summer- school funding has been capped since 1991, the summer sessions in Dade County last year had to be cut back from 30 to 23 days, and this year, if these cuts go through, only the high schools will be funded at the level they were last year. Schools below that level will be able to maintain some classes for students who brave failed and some for special -needs classes but many schools will have to be closed completely and almost none will have programs for general purposes below the ninth -grade level. IF YOU ARE A PARENT WHO WORKS and was counting on the schools to help your children with wholesome and useful activities in the summer months, you lose out,. IF YOU ARE A CITY OR COUNTY GOVERN and you have summer recreational program, you will be overloaded with people who will find it difficult to come up with even minimal fees. IF YOU ARE A S'i'UDFNT who needs to keep your skills up or hopes to improve a little or get some advanced classes, you will look in vain for classroom space IF YOU ARE IN AN URBAN AREA ANYWHERE IN FLORIDA you will feel this pinch. Tourism and other comunity- program plans will be adversely affected by this shrinkage in school services all summer long. WHAT YOU NEED TO DO is urge the legislators to beef up the funding for summer schools in their education budget immediately so that the school systems all over the state will know how to plan. This issue can't wait for school funding to be restored later in the su mer to take effect in future years. Please write or call your representative and senator in Tallahassee to keep this axe from Falling. This request is prepared by the Coalition for Restoration of Funding for Sumner Schools, an ad hoc group which has been called together by the Social Action Committtees of Temple Beth Sholcm of Miami Beach and Temple Israel of Greater Miami P_1 1E _ CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor & City Commission Date: April 14, 1995 From: Eddie Cox Re: 04/18/95 Commission Agenda City Manager Item # �_ : Occupational Licenses Florida Statutes & House Cleaning Background: This ordinance amends the existing occupational license legislation to reflect recent changes in Florida Statutes. Also, the ordinance includes a thirty -day grace period, granting of powers to the City Manager for enforcement, allowing for appeals to the City Commission, and providing directives to the City Attorney. Responsibility for licensing procedures is assigned to the Building, Zoning & Community Development Department, and the ordinance is codified in the City's Code of Ordinances under Chapter 13 (by replacing reserved subsections and repealing the obsolete sections regarding the licensing of bail bondsmen for the municipal court). Recommendation: Approval. attachments 1" ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA AMENDING A PORTION OF 4 ORDINANCE NO. 18 -80 -1077, AS AMENDED, RELATING TO 5 OCCUPATIONAL LICENSE TAXES, PROVIDING FOR A PENALTY TO 6 BE LEVIED AGAINST PERSONS ENGAGING IN A BUSINESS WITHOUT 7 AN OCCUPATIONAL LICENSE OR FAILING TO RENEW AN 8 OCCUPATIONAL LICENSE; PROVIDING FOR A THIRTY DAY GRACE 9 PERIOD; PROVIDING THE CITY MANAGER WITH POWERS OF 10 REVOCATION; PROVIDING FOR A RIGHT TO APPEAL TO THE CITY 11 COMMISSION; PROVIDING FOR ORDERS TO VIOLATORS TO CEASE 12 AND DESIST BUSINESS; DIRECTING THE CITY ATTORNEY TO 13 ENFORCE VIOLATIONS AND PENALTIES BY CIVIL ACTION; 14 PROVIDING FOR RECOVERY OF ATTORNEYS' FEES, COURT COSTS, 15 ADMINISTRATIVE COSTS AND A PENALTY UP TO $ 250.00, AS 16 AUTHORIZED IN § 205.053, FLORIDA STATUTES; PROVIDING FOR AN 17 AMENDMENT TO THE FEE CHARGED FOR TRANSFER OF LICENSE; 18 PROVIDING FOR POWERS TO BUILDING, ZONING AND COMMUNITY 19 DEVELOPMENT DEPARTMENT REGARDING ZONING PROVIDING FOR 20 REVOCATION OF OCCUPATIONAL LICENSE FOR VIOLATION OF 21 LAND DEVELOPMENT CODE, ORDINANCES, DEVELOPMENT 22 PERMITS, COVENANTS AND RESTRICTIONS; PROVIDING FOR AN 23 AMENDMENT TO THE FEE CHARGED FOR CHANGE OF OWNERSHIP; 24 PROVIDING FOR REPEALING § 13 -25 THROUGH § 13 -31 OF THE 25 CODE OF ORDINANCES; PROVIDING FOR CODIFICATION OF 26 ORDINANCE NO. 18 -80 -1077 AS AMENDED IN THE CODE OF 27 ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA; PROVIDING 28 FOR ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; 29 AND PROVIDING AN EFFECTIVE DATE. 30 WHEREAS, the City of South Miami enacted Ordinance No. 18 -80 -1077 which 31 imposed occupational license taxes on persons maintaining a permanent business location or 32 branch office within the City of South Miami for the purpose of engaging in or managing a 33 business, profession, or occupation within the City of South Miami; and, 34 WHEREAS, Ordinance No. 18 -80 -1077 was originally adopted on June 3, 1980, and 35 amended by the following ordinances [see Attachments that follow Exhibit A]: 36 Ordinance No. 20 -83 -1180 on Aug 2, 1983, 37 Ordinance No. 5 -91 -1470 on Mar 5, 1991, 38 Ordinance No. 20 -91 -1485 on Jun 30, 1991, 39 Ordinance No. 12 -92 -1507 on Jun 2, 1992, and 40 Ordinance No. 9 -93 -1537 on Jul 20 ,1993; 41 and, Occupational License Revision Ordinance Page # 1 1 WHEREAS, the Code of Ordinances does not presently contain Ord. No. 18 -80 -1077, 2 nor does the Code of Ordinances contain those ordinances amending Ord. No. 18- 80- 1077, 3 with the exception of Ord. No. 5 -91 -1470 and Ord. No. 12 -92 -1507, which are contained 4 under § 13 -1 of Chapter 13 (entitled "Licenses ") in the Code of Ordinances; and, 5 WHEREAS, the Mayor and City Commission desire to further amend those ordinances 6 regulating occupational license taxes to reflect recent changes in the Florida Statutes; and, 7 WHEREAS, the Code of Ordinances contains regulations regarding `Bail Bondsmen" 8 u nder § 13 -25 through § 13 -31 in Chapter 13 of the Code of Ordinances, which are related to 9 the Municipal Court provisions in Chapter 14 which were repealed by the City Commission 10 via Ordinance No. 8 -92 -1503 on May 5, 1992; and, 11 WHEREAS, the Mayor and City Commission desire to publish all of the regulations 12 regarding occupational license taxes as part of Chapter 13 in the Code of Ordinances. 13 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 14 OF THE CITY OF SOUTH MIAMI, FLORIDA: 15 SECTION 1. That Section 25 of Ordinance No. 18 -80 -1077 is amended as follows: 16 Sec. 13 -25. Failure to Obtain License; Delinquencies; Additional Penalties. 17 (a) Any person engaging in or managing any business, occupation or profession without ever 18 having first obtained a local occupation license, as required hereunder, shall be subject to a 19 penalty of twenty -five percent (25 %) of the license determined to be due, in addition to mly edw 20 a two hundred fifty dollar ($ 250.00) penalty if an 21 occupational license is not applied for within 150 days of notice. 22 (b) Enforcement procedures for new occupational licenses may commence upon the City 23 becoming aware of any person engaging in or managing any business, occupation or profession 24 without first obtaining a local occupational license. 25 26 27 28 29 30 (c) Occupational licenses shall be considered delinquent immediately on October 11 of every 31 year. Fines for delinquent occupational licenses shall be assessed per Section 13-2. addition 32 those licenses not renewed b January anuary 31. shall be subject to a two hundred fiftv dollar ($ 250.'0) 33 penalty per occupational license. Occupational License Revision Ordinance Page # 2 1 SECTION 2. That Section 2 of Ordinance No. 18 -80 -1077 is amended as follows: 2 Sec. 13 -2. Term and Duration - Penalty for Operation after Due Dates Grace Period. 3 Any license issued under this chapter shall expire on the 30' day of September of each year. 4 No license shall be issued for more than one year. Those licenses not renewed by October P, 5 shall be considered delinquent and subject to a delinquency penalty of ten percent (10 %) for the 6 month of October plus an additional five percent (5 %) penalty for each month of delinquency 7 thereafter until paid, provided that the total delinquency penalty shall not exceed twenty -five 88 percent (25 %) of the occupational license fee for the delinquent establishment. A grace period 9 of thirty days will apply to any occupational license renewed prior to close of the regular 10 business day on or before October 31', that is, such license renewals although delinquent will 11 not be not assessed a delinquency fee. SECTION 3. That Section 16 of Ordinance No. 18 -80 -1077 is amended as follows: Sec. 13 -16. Revocation for Violation of the Land Development Code or Ordinances. The license of any person for the operation of any business may be revoked by the City Eewmiissieo Manager at any time, upon notice of violation of any of the. provisions of the Land Development Code or ordinances of the City; applicable provisions of the Dade County Code: e - laws of the State of Florida , violation of the terms and conditions of any development permit, covenant, public restriction or waiver; or for any other good and sufficient reason; weve , that this seetien shall net affeet the pewer. ef the fflunieipal . In the event that an appeal is filed by any aggrieved person under $ 13 -27 the City Manager may stop or suspend any construction authorized by the waiver, until a decision has been made on the Weal. In the event the City Manager should determine that the suspension of the construction could cause imminent peril to life or property the City Manager may permit the construction to continue upon such conditions and limitations including furnishing of an appropriate bond as M be deemed proper under the circumstances. SECTION 4. That Section 27 of Ordinance No. 18 -80 -1077 is replaced as follows: Sec. 13 -27. Appeals. (a) An appeal to the City Commission may be filed with the City Clerk upon a form prescribed by the City Clerk. An appeal must be filed within thirty (30) days of the action taken which is the subject of the appeal. An appeal may be filed by any aggrieved person(s). Occupational License Revision Ordinance Page # 3 1 (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the 2 officer from whom the appeal is taken or the City Manager certifies to the City Commission, 3 after notice of appeal has been filed with him, that because of the facts stated in the certificate 4 a stay would, in the officers or the City Manager's opinion, cause imminent peril to life or 5 property or that because the violation charged is transitory in nature a stay would seriously 6 interfere with enforcement of this Chapter. 7 (c) If certification occurs in accordance with subsection (b) above, proceedings may not be 8 stayed, except by a restraining order, which may be granted by the City Commission or by a 9 court of record on application, on notice to the officer from whom the appeal is taken or the City 10 Manager and on due cause shown. 11 (d) The City Commission shall hear and enter a decision on all appeals within sixty (60) days 12 of the date of filing said appeal, and shall provide due notice of the appeal to the parties. 13 (e) The City Commission may reverse, affirm or modify any order, requirement, decision or 14 determination appealed from and shall make any order, requirement, decision or determination 15 that, in the City Commissions' opinion, ought to be made in the circumstances. 16 (f) When practical difficulties or unnecessary hardships would result from carrying out the 17 strict letter of a provision, the City Commission may, in passing upon appeals, vary or modify 18 any regulation or provision of this chapter relating to occupational license taxes, so that the spirit 19 of this chapter is observed, public safety and welfare secured, and substantial justice done. 20 (g) The City Commission shall not be required to hear an appeal or application previously 21 denied if it finds that there has been no substantial change in conditions or circumstances bearing 22 on the appeal or application. 23 SECTION 5. That Section 28 of Ordinance No. 18 -80 -1077 is replaced as follows: 24 Sec. 13 -28. Notice of Violation; Right to Appeal; Order to Cease and Desist Business. 25 Whenever the City Manager determines that there is a violation of any provision of this chapter 26 or any other applicable rule or regulation, the City Manager shall give notice of such violation 27 to the person or persons who are responsible for either obtaining the required occupational license 28 and/or the required occupational license renewal. Such notice of violation shall: 29 (a) be in accordance with the provisions set forth in Chapter 162 of Florida Statutes; 30 (b) inform the person to whom it is directed of his or her right to apply for an appeal 31 hearing before the City Commission; and, 32 (c) instruct the responsible person(s) identified in the violation to immediately cease 33 and desist all business, occupational, or professional activities on the premises. Occupational License Revision Ordinance Page 4 4 1 SECTION 6. That Section 29 of Ordinance No. 18 -80 -1077 is replaced as follows: 2 Sec. 13 -29. Duties of the City Attorney. 3 The City Attorney, upon request of the City Manager, or upon his or her own initiative, shall 4 institute appropriate action to restrain, prevent, enjoin, abate or correct any and all violations 5 under this chapter, and to take such other legal action as may be necessary to carry out the terms 6 and provisions of this chapter. 7 SECTION 7. That Section 30 of Ordinance No. 18 -80 -1077 is replaced as follows: 8 Sec. 13 -30. Recovery of Attorneys' Fees; Court Costs; Administrative Costs; Penalty. 9 Any person who engages in any business, occupation or profession covered by this chapter, who 10 does not pay the required occupational license tax within 150 days after the initial notice of tax 11 due, and who does not obtain the required occupational license is subject to civil actions and 12 penalties, including court costs, reasonable attorneys` fees, administrative costs incurred as a 13 result of collection efforts, and a penalty up to $ 250.00. 14 SECTION 8. That Section 12 of Ordinance No. 18 -80 -1077 is amended as follows: 15 Sec. 13 -12. Transfer of License - Location; Fees. 16 Licenses may be transferred from one location to another, provided, that the licenses are 17 presented to the Finance Department for the approval of such transfer, and provided further that 18 ne such license is subject to 19 revocation under 6 13 -16 as determined by the Director of the Building, Zoning & Community 20 Development where any question of zoning arises, and provided further, that the licensee shall 21 pay for such transfer, a fee in the amount of °fi° dellef ($ - o0 f LA 23 f - °k°- the business is me,., °a of 10% of the annual license tax, but not less than three dollars 24 ($ 3.00) nor more than twenty -five dollars ($ 25.00) 25 SECTION 9. That Section 13 of Ordinance No. 18 -80 -1077 is amended as follows (including 26 the addition of the title for Section 14 which was not included in the original): 27 Sec. 13 -13. Change of Ownership; Requirements; Fees. 28 Licenses issued by the City may be transferred with the approval of the Finance Director (except 29 in the case of alcoholic beverage licenses, which shall require approval of the Gity e� 30 Building, Zoning & Community Development Department) with the businesses for which they Occupational License Revision Ordinance Page # 5 1 were taken out, except as otherwise provided by law, when there is a bone fide sale and transfer 2 of the property used and employed in the business as stock in trade, and not otherwise, subject, 3 however, to the following conditions: 4 (a) The seller of the business shall present the license to the Finance Department with 5 an endorsement on the reverse side thereof, assigning all right, title and interest 6 to the purchaser; and, 7 (b) The purchaser shall produce a properly executed instrument showing the transfer 8 of stock of goods and of the lease or deed to the property; and, 9 (c) The purchaser shall file an application for license, and shall qualify in all respects 10 as provided by law and by the ordinances of the City as an applicant for a license, 11 as if he or she had applied for the license in the first instance; and, 12 (d) A fee shall be paid to the Finance Department in connection with such transfer, 13 , ufff4i e $ 3 -!! based on 10% of the annual license tax, but not less than three 14 dollars ($ 3.00) nor more than twenty -five dollars ($ 25 w) 15 Sec. 13 -14. Lease Department License Required. 16 Every person operating what is commonly known as "lease department" in any store shall pay 17 a license for the operation of each department so leased according to the proper classification of 18 the business or occupation as set forth therein. 19 SECTION 10. That Section 19 of Ordinance No. 18 -80 -1077 is amended as follows: 20 Sec. 13 -19. Licenses to Conform to Zoning and Building Regulations. 21 Where any question of zoning arises, no license shall be issued hereunder for any business, 22 occupation or profession until the location thereof shall have first been approved by the Gty 23 GeffHrAssi Director of Building Zoning & Community Development. 24 SECTION 11. That § 13 -25 through § 13 -31, which comprise Article II entitled "Bail Bondsmen" 25 contained in Chapter 13 of the Code of Ordinances, are repealed, and § 13 -25 through § 13 -30 26 are utilized for the codification of Ordinance No. 18 -80 -1077, as amended, and that the remaining 27 sub- section, § 13 -31, is reserved as Article II, and entitled "Reserved ". 28 SECTION 12. That Chapter 13, entitled "Licenses" in the Code of Ordinances, is amended by 29 replacing the existing § 13 -1, the reserved sub - sections § 13 -2 through § 13 -24, and sub- sections 30 § 13 -25 through § 13 -30, as set forth in "Exhibit A" (attached), in order to codify the regulations 31 regarding occupational license taxes as contained in Ordinance No. 18 -80 -1077, as amended from 32 time to time by the City, and including those amendments contained within this ordinance. Occupational License Revision Ordinance Page # 6 1 SECTION 13. All ordinances or parts of ordinances in conflict with the provisions of this 2 ordinance are hereby repealed. 3 SECTION 14. If any section, clause, sentence, or phrase of this ordinance is for any reason held 4 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 5 validity of the remaining portions of this ordinance. 6 SECTION 15. This ordinance shall take effect immediately at the time of its passage. 7 PASSED AND ADOPTED THIS 18`h DAY OF APRIL, 1995. 8 9 10 12 13 14 15 16 17 18 ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney Neil Carver Mayor a:%w1)d- s\repormlp- 1ty.®ra EXgIgIT A ARTICLE I. OCCUPATIONAL LICENSE TAX Sec. 13 -1. License Required. (a) No person shall engage in or manage the businesses, occupations or professions enumerated in this ordinance and required to be licensed by the City, without first having paid the amount of license tax required for each separate location in the City, for the use of the City, and having obtained a City license therefor. For the purpose of this ordinance, any person holding himself out to the public by sign, printed matter, telephone directory classified section, City directory, post office box or otherwise, regardless of whether such person actually transacts any business or practices a profession or engages in an occupation shall be considered as engaging in business and shall be liable for an occupational license tax therefor, according to the classification of the business so held out or advertised, as set fourth herein. (b) Professional practitioners are recognized professions regulated by State Boards requiring examination and certification. Professional licenses are individual licenses and each person engaged in the practice of their profession whether alone, in a partnership or as an employee of another person, partnership, corporation or professional association shall obtain an occupational license. Sec. 13 -2. Term and Duration - Penalty for Operation after Due Date; Grace Period. Any license issued under this chapter shall expire on the 30'h day of September of each year. No license shall be issued for more than one year. Those licenses not renewed by October 11 shall be considered delinquent and subject to a delinquency penalty of ten percent (10 %) for the month of October plus an additional five percent (5 %) penalty for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed twenty -five percent (25%) of the occupational license fee - for the delinquent establishment. A grace period of thirty days will apply to any occupational license renewed prior to close of the regular business day on or before October 31', that is, such license renewals although delinquent will not be not assessed a delinquency fee. Sec. 13 -3. Fractional Licenses. Unless otherwise provided, for each license obtained between October 1' and April Pt, the full tax for one year shall be paid, and for each license obtained from April I' to September 30m, one -half the full tax for one year shall be paid. Sec. 134. Applications - Date; Filing; Necessary Information. Every person engaged in or managing any business, profession or occupation referred to in this chapter in the City is required to procure a City license as herein provided and shall, on or before October 1' of each year, and always before engaging in any business, profession or occupation, Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ". file an application on the prescribed form with the Finance Department, signed by an officer, partner or owner of the business. All licenses shall be applied for and issued in the real name of the applicant; in cases where the applicant has qualified under the laws of Florida for the use of a "Fictitious Name" , the license, if issued, shall show the real name as well as the fictitious name of the applicant. In such application, the applicant shall set forth the name of the owner (if a firm, the names of all members of the firm; if a corporation, the names of all officers of the corporation); the location of the business; the full nature of the business; where the license tax- is based thereon; the value of stock carried or the number of seats, machines, employees, gasoline pumps, rooms, or vehicles, etc., used, as the case may be; and such other pertinent information as may be prescribed by the Finance Department.. Sec. 13 -5. Misrepresentation of Material Fact. Any license obtained under the provisions of this chapter upon a misrepresentation of a material fact shall be deemed null and void, and the licensee who has thereafter engaged in any business under such license shall be subject to prosecution for doing business without a license, to the same effect and degree as though no such license had ever been issued. Sec. 13-6. Value of Stock Carried. Whenever in this chapter a license tax is based upon or determinable by the "value of stock carried ", the value of stock carried shall be the wholesale cost value of all stock in trade and merchandise on hand as of the close of the fiscal year of the licensee next preceding the start of the license period in question. Where the license is not a renewal license or the licensee has not completed one fiscal year, then the value of stock carried shall be the cost value of all stock in trade and merchandise on hand as of the date of the commencement of business. The true value of stock carried, as above defined, shall be stated by the applicant for a license or for a renewal of license. In the event an applicant for a license fails or refuses to state or set forth the value of stock carried, as above defined, or sets forth such value inaccurately, the Finance Department of the City shall fix and determine such value from any information in his possession, and the value so fixed shall be used to determine the amount of license tax due the City. Sec. 13 -7. Determination of Classification. In the event of a disagreement between an applicant and the City on the question of proper classification of any business, occupation or profession for license purposes, the Finance Department shall decide the proper classification, with the right, in the applicant, to appeal from such decision to the City Commission whose decision upon the point shall be final. Sec. 13-8. License to Apply to One Place of Business. All licenses provided for herein shall be issued for and apply to only one place of business within the City. Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ". Sec. 13 -9. Bills or Notices for License Tax. It is hereby declared to be unnecessary for the City to send out bills or notices to persons engaged in business in the City with respect to the payment or nonpayment of license taxes. Sec. 13 -10. Exemptions to Specified Persons. Exemption from the payment of the license tax set forth herein shall be allowed in such cases as are provided for in this chapter and in the following cases as provided for by the laws of the State of Florida: (a) Disabled veterans of the Spanish American War, World War I, World War 11, Korean Conflict, Vietnam Conflict and widows of such deceased veterans (exempted up to $ 50.00 annually); (b) Confirmed cripples, deaf and mute persons; invalids physically incapable of manual labor; widows with minor dependents; persons 65 years of age or older; (c) Growers of farm and grove products, including products manufactured therefrom (except intoxicating liquors, wine and beer); (d) Organizations issued State of Florida Non - Profit Organization Certificates; and (e) Other organizations so approved by the City Commission. Sec.13 -11. Posting of License. Every license shall be posted in a conspicuous place in the place of business for which it is issued and the holder of such license shall exhibit same to the City license inspector, his deputy or any police officer upon being requested to do so by any of them. Sec. 13 -12. Transfer of License - Location; Fees. Licenses may be transferred from one location to another, provided, that the licenses are presented to the Finance Department for the approval of such transfer, and provided further that such license is subject to revocation under § 13 -16 as determined by the Director of Building, Zoning & Community Development where any question of zoning arises, and provided further, that the licensee shall pay for such transfer, a fee in the amount of 10% of the annual license tax, but not less than three dollars ($ 3.00) nor more than twenty -five dollars ($ 25.00). Sec. 13 -13. Change of Ownership; Requirements; Fees. Licenses issued by the City may be transferred with the approval of the Finance Director (except in the case of alcoholic beverage licenses, which shall require approval of the Building, Zoning Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ". & Community Development Department) with the businesses for which they were taken out, except as otherwise provided by law, when there is a bone fide sale and transfer of the property used and employed in the business as stock in trade, and not otherwise, subject, however, to the following conditions: (a) The seller of the business shall present the license to the Finance Department with an endorsement on the reverse side thereof, assigning all right, title and interest to the purchaser; and, (b) The purchaser shall produce a properly executed instrument showing the transfer of stock of goods and of the lease or deed to the property; and, (c) The purchaser shall file an application for license, and shall qualify in all respects as provided by law and by the ordinances of the City as an applicant for a license, as if he or she had applied for the license in the first instance; and, (d) A fee shall be paid to the Finance Department in connection with such transfer, based on 10% of the annual license tax, but not less than three dollars ($ 3.00) nor more than twenty -five dollars ($ 25.00). Sec. 13 -14. Lease Department License Required. Every person operating what is commonly known as "lease department" in any store shall pay a license for the operation of each department so leased according to the proper classification of the business or occupation as set forth therein. Sec. 13 -15. Termination of License on Notice of Bankruptcy. When any person engaged in mercantile or other business in the City shall make an assignment for the benefit of creditors, or when any such person shall be adjudicated a voluntary or an involuntary bankrupt or declared insolvent, any license theretofore issued, authorizing such person to do business in the City, shall immediately be terminated and shall, upon such assignment for the benefit of creditors or upon such adjudication in bankruptcy, immediately become null and void. Sec. 13 -16. Revocation for Violation of the Land Development Code or Ordinances. The license of any person for the operation of any business may be revoked by the City Manager at any time, upon notice of violation of any of the provisions of the Land Development Code or ordinances of the City; applicable provisions of the Dade County Code; laws of the State of Florida; violation of the terms and conditions of any development permit, covenant, public restriction or waiver; or for any other good and sufficient reason. In the event that an appeal is filed by any person under § 13 -27, the City Manager may stop or suspend any construction authorized by the waiver, until a decision has been made on the appeal. In the event the City Editorial Change. The term "tax collector" has been replaced by the term "Finance Department ". Manager should determine that the suspension of the construction could cause imminent peril to life or property the City Manager may permit the construction to continue upon such conditions and limitations, including furnishing of an appropriate bond, as may be deemed proper under the circumstances. Sec. 13 -17. Re- issuance of License; Payment of Debts Due City Prerequisite. Any person being delinquent in the payment of any assessment, taxes, fees or any moneys due unto the City shall be as a prerequisite to the re- issuance of an occupational license be required to pay any assessment, taxes, fees or sums of money of any nature whatsoever due unto the City before the aforesaid occupational license will be re- issued by the authorities of the City. This requirement shall pertain to any assessment, tax, fee or charge due for services rendered the premises occupied by such business or any fee, tax or assessment or charge of whatever nature required for services rendered the aforesaid business location, but the same shall not impair any obligation on the part of the property owner to pay any sums due onto the City by virtue of fees, assessments, taxes or charges and this section shall be deemed to require the good standing of any business within the City limits prior to its being qualified to conducting business therein. Sec. 13 -18. Regulatory Provisions Remain in Effect. Unless otherwise herein specifically excepted, changed or differentiated, all qualifying or regulatory provisions of the City applicable to or affecting any of the businesses, operations, occupations or classifications covered by this chapter shall be and remain in full force and effect. Sec. 13 -19. Licenses to Conform to Zoning and Building Regulations. Where any question of zoning arises, no license shall be issued hereunder for any business, occupation or profession until the location thereof shall have first been approved by the Director of Building, Zoning & Community Development. Sec. 13 -20. Authority of Finance Department to Promulgate Rules. The Finance Department may make such rules and regulations, not inconsistent with this chapter, as may be necessary or proper for the enforcement of the provisions hereof. Sec. 13 -21. License Fee a Debt. The amount of any license tax and penalty imposed by the provisions of this chapter is hereby declared to be a debt due to the City, and any person carrying on any business without first having procured a license from the City so to do, shall be liable to the City for the amount of such license tax recoverable in any court of competent jurisdiction. Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ". Sec. 13 -22. Replacing Lost or Destroyed Licenses; Fee. For the purpose of replacing any mutilated, destroyed or lost license certificate receipt relating to any occupational license granted by the City, the Finance Department is hereby authorized and empowered to cause to be executed and delivered and appropriate duplicate license certificate or receipt, upon the submission of evidence satisfactory to the Finance Department that the original certificate or receipt was mutilated, destroyed or lost, and upon the holder of such original furnishing the City with indemnity satisfactory to said collector, and upon the payment to the City by the holder of the sum of one dollar ($ 1.00) for each duplicate license certificate or receipt executed and delivered hereunder. Sec. 13 -23. Reciprocity. Any person who has obtained a license by or through examination in any other city in Dade County, which has requirements similar to those in this code with respect to the issuance and granting of licenses for the several businesses or occupations, may, if approved by the examining board and without the formality of an examination, be granted a certificate or license by reciprocity, upon the payment of the occupational license tax or charges applicable to such business or occupation. Sec. 13 -24. Schedule of License Taxes. The various businesses, occupations and professions within the City are hereby classified for the purpose of this ordinance and assessments of license taxes therefor are hereby fixed per annum, unless otherwise provided as set forth in the schedule attached hereto and made a part hereof, and entitled "Schedule of License Taxes ". Sec. 13 -25. Failure to Obtain License; Delinquencies; Additional Penalties. (a) Any person engaging in or managing any business, occupation or profession without ever having first obtained a local occupation license, as required hereunder, shall be subject to a penalty of twenty -five percent (25 %) of the license determined to be due, in addition to a two hundred fifty dollar ($ 250.00) penalty if an occupational license is not applied for within 150 days of notice. (b) Enforcement procedures for new occupational licenses may commence upon the City becoming aware of any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license. (c) Occupational licenses shall be considered delinquent immediately on October 1' of every year. Fines for delinquent occupational licenses shall be assessed per Section 13 -2; in addition, those licenses not renewed by January 31, shall be subject to a two hundred fifty dollar ($ 250.00) penalty per occupational license. Editorial Change: The term "tax collector" has been replaced by the term "Finance Department". Sec. 13 -26. Penalties. Any person convicted for violating any of the terms of this chapter shall, upon conviction thereof in a Metropolitan Dade County Court, be sentenced to pay a fine not exceeding the sum of five hundred ($ 500.00) Dollars or serve a term not to exceed (60) days or both such fine and sentence, in the discretion of the Metro judge. Each day's violation of any of the terms of this chapter shall be deemed and considered and is hereby specially declared to be a separate and distinct violation of the terms of this chapter, and punishable as such. Sec. 13 -27. Appeals. (a) An appeal to the City Commission may be filed with the City Clerk upon a form prescribed by the City Clerk. An appeal must be filed within thirty (30) days of the action taken which is the subject of the appeal. An appeal may be filed by any aggrieved person(s). (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken or the City Manager certifies to the City Commission, after notice of appeal has been filed with him, that because of the facts stated in the certificate a stay would, in the officer's or the City Manager's opinion, cause imminent peril to life or property or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter. (c) If certification occurs in accordance with subsection (b) above, proceedings may not be stayed, except by a restraining order, which may be granted by the City Commission or by a court of record on application, on notice to the officer from whom the appeal is taken or the City Manager and on due cause shown. (d) The City Commission shall hear and enter a decision on all appeals within sixty (60) days of the date of filing said appeal, and shall provide due notice of the appeal to the parties. (e) The City Commission may reverse, affirm or modify any order, requirement, decision or determination appealed from and shall make any order, requirement, decision) or determination that, in the City Commissions' opinion, ought to be made in the circumstances. (f) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of a provision, the City Commission may, in passing upon appeals, vary or modify any regulation or provision of this chapter relating to occupational license taxes, so that the spirit of this chapter is observed, public safety and welfare secured, and substantial' justice done. (g) The City Commission shall not be required to hear an appeal or application previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application. Editorial Change: The term "tax collector" has been replaced by the term "Finance Department". Sec. 13 -28. Notice of Violation; Right to Appeal; Order to Cease and Desist Business. Whenever the City Manager determines that there is a violation of any provision of this chapter or any other applicable rule or regulation, the City Manager shall give notice of such violation to the person or persons who are responsible for either obtaining the required occupational license and /or the required occupational license renewal. Such notice of violation shall: (a) be in accordance with the provisions set forth in Chapter 162 of Florida Statutes; (b) inform the person to whom it is directed of his or her right to apply for an appeal hearing before the City Commission; and, (c) instruct the responsible person(s) identified in the violation to immediately cease and desist all business, occupational, or professional activities on the premises. Sec. 13 -29. Duties of the City Attorney. The City Attorney, upon complaint of the City Manager, or upon his or her own initiative, shall institute appropriate action to restrain, prevent, enjoin, abate or correct any and all violations under this chapter, and to take such other legal action as may be necessary to carryout the terms and provisions of this chapter. Sec. 13 -30. Recovery of Attorneys' Fees; Court Costs; Administrative Costs; Penalty. Any person who engages in any business, occupation or profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, administrative costs incurred as a result of collection efforts, and a penalty up to $ 250.00. Editorial Change: The term "tax collector" has been replaced by the term "Finance Department ". "SCHEDULE OF LICENSE TAXES" (SOUTH MIAMI) ORDINANCE NO. The following schedule of fees, and the classifications of the various occupations, businesses or professions as contained in such fee schedule, are hereby adopted as the amounts required to procure occupational licenses in the City in accordance with the classification set out herein, to -wit: CODE NO. AMUSEMENTS 001000 Billiard and pool tables. One table . . . . . . S 100.00 Each additional table . . . . . . . . . . 60.00 002000 Bowling alleys. Per alley . . . . • S 100.00 (Permitting sale of tobacco and soft drinks, bowling supplies, without further license) 003000 General amusement . . . . . . . . . . . . . • • S 165.00 004000 Merry -go- round. Per week . . . . . . . . . . . 12.00 005000 Motion picture theater . . . . . . . . . . . • S 225.00 (Refreshment Stand). 006000 Music Furnished by Wire . . . . . . . . . . . . S 200.00 007000 Shuffleboard'. . . . . . . . . . . . . . . . . S 120.00 008000 Theatrical troups (not in local licensed theater) Each performance . . . . . . . . . . . . . . . Theatrical or dramatic troupes or companies 225.00 of singers or entertainers, for profit, excluding entertainments given for local charitable or benevolent purposes and local ameteur performances. 008001 Skating Rink . . . . . . . . . . . . . . . . . S 420.00 COIN OPERATED MACHINES 009000 Amusements (not vending or gambling) , S 100.00 010000 Vending machines - dispensing merchandise 010001 valued at 5 cents only . . . . . . . . . . ' 16.00 valued at over 5 cents . . . . . . . . . . . , $ 24.00 011000 Penny vending machines . . . . . . . 4.00 012000 Coin operated laundry equipment (See 155000) 20.00 013000 Other machines . . . (Music, pictures, rocking horses, planes, etc.) S 100.00 014000 Copy machines . . . . . ; 40.00 015000 Vending Newspapers . . . . . . . S 16.00 LIVING ACCOMMODATIONS 014000 Apartments, hotels, motels, and rooming houses 1 -10 rooms . . . . . . . . . . . 014001 (£ach additional room 50 cents) 015000 Boarding houses, 1 -10 Rooms . . . . . . . . . 015001 (each additional room $1.50) Rooms used by owner for residence, lobbies, bathrooms, etc., not counted. MANUFACTURING S 80.00 $ 100.00 016000 Manufacturing (except alcoholic beverages) products sold at wholesale only. If products are sold at retail, a merchant's license must also be obtained. 016001 1 -5 employees . . . . . . . . . . . . . . . . $ 108.00 016002 6 -15 employees . . . . . . . . . . . . . . . $ 148.00 016003 Over 15 employees . . . . . . . . . . . . . . $ 165.00 017000 Fruit packers and shippers (1 -5 employees) . . $ 108.00 017001 6 -15 employees . . . . . . . . . . . . . . . $ 148.00 017002 Over 15 employees . . . . . . . . . . . . . . $ 165.00 MERCHANTS AND DEALERS 018000 Alcoholic beverages (Set by the state) (50% of state and county tax) 019000 Bakery (no delivery) . . . . . . . . . . . . . 5 80.00 020000 Cold drink stand . . . . . . . . . . . . . $ 68.00 021000 De catessen_ . . . . . . . . . . . . . . . . $ 40.00 022000 Explosives . . . . . . . . . . . . . . . . $ 60.00 023000 Filling station . . . . . . . . . . . . . . . $ 120.00 ( First four pumps) 023001 Each additional pump . . . . . . . . . . . $ 20.00 024000 Florist . . . . . . . . . . . . . . . . . . . $ 68.00 025000 Food: To $1,000 inventory . . . . . . . . . S 80.00 025001 To $5,000 inventory . . . . . . . . . $ 120.00 025002 To $10,000 inventory . . . . . . . . . $ 160.00 025003 To $20,000 inventory . . . . . . . . . $ 220.00 025004 To $50,000 inventory . . . . . . . . . $ 285.00 025005 To $100,000 inventory . . . . $ 315.00 025006 Each additional $1,000 over $100,000. . $ 4.00 026000 Fuel and petroleum products . . . . . . . , . $ 120•00 027000 Garage (not to include sale of vehicles . . . / $ 120.00 028000 Ice. Each location . . . . . . . . . . $ 80.00 028001 . (1 vehicle) . . . . . . . . . . • 5 40.00 0_1.1000 Peddlers: 039000 Architect . . . . . . . . . . . . . . . . . . . $ J29001 Candy and ice cream, per vehicle . . . . . . S 30.00 029002 Dress goods, per vehicle . . . . . . . . . . 5 160.00 029003 Food products (except Treat and fish) . . . . S 80.00 045001 Peddlers of baked goods and box lunches 046000 Dentist. . . . . . . . . . . . . . . . . . $ are required to have current Dade County Health Dept. permit. 029004 Fruit and vegetables, per vehicle . . . . . S 140.00 029005 Gas and petroleum, per vehicle . . . . . . . S 100.00 029006 Wood, per vehicle . . . . . 5 48.00 029001 `Miscellaneous (See Sec. 15 -63) (Street Sales City Code) . . . . . . . . . . S 100.00 030000 Printing, publishing and multigraphing . . . . S 108.00 031000 Restaurants (10 Seats) S 100.00 (Each additional seat 50 cents) 032000 Secondhand dealer (see Article VII City Code). 5 160.00 033000 Soda fountain . . . . . . . . . . . . . . . . S 68.00 034000 Solicitor (requires permit from City Manager). $ 108.00 (Solicitors for charitable organizations are not required to pay fee but must obtain permit from City Manager) 035000 Stock Broker . . . . . . . . . $ 300.00 Where the dealer offers facilities to the general public for dissemination of market information and quotations board, projection of ticker tape or similar means, the annual fee shall be . . . . . . . . . . $ 271.25 036000 Vehicles, new and secondhand . . . . . . . . $ 225.00 037000 Wholesale (for resale) and general merchants and dea'.ers: 037001 To $1,000 inventory . . . . . . . . . . . . . S 80.00 037002 To $5,000 inventory . . . . . . . . . . . . . $ 120.00 037002 to $10,000 inventory. . . . . . . . . . . . 5 160.00 037004 To $20,000 inventory . . . . . . . . . . . . . $ 165.00 037005 To $50,000 inventory . . . . . . . . . . . . . S 285.00 037006 To $100,000 inventory . . . . . . . . . . . . . $ 315.00 037007 Each additional $1,000 over $100,000 $ 4.00 PROFESSIONAL 038000 Accountant (Certified Public Accountant) . . . S 039000 Architect . . . . . . . . . . . . . . . . . . . $ 040000 Artist (Commercial) . . . . . . . . . . . . . $ 041000 Attornev . . . . . . . . . . . . . . . . . . . $ 042000 Chemist, analytical . . . . . . . . . . . . . . $ 043000 Chiropodist . . . . . . . . . . . . . . . . . . S 044000 Chiropractor . . . . . . . . . . . . . . . . . S 045000 Dental Hv9i ell ist - Self Employed . . . . . . . j 045001 If empinvro . . . . . . . . . . . . . . . S 046000 Dentist. . . . . . . . . . . . . . . . . . $ 120.00 120.00 120.00 120.00 120.00 120.00 120.00 120.00 84.00 120.00 0J"000 Diet iCian = 120 00 058000 Electrologist S 170 00 049000 Embalmer - 120 00 050000 Engineer . . . . . S 120.00 051000 Healing Art . . . . • • • • • • S 120.00 052000 Music teacher S 120.00 053000 Naprapath . . . . . . . . . S 120.00 054000 Naturopath . . . . . . . . . . . . . . . . . S 120.00 055000 Optician . . . • • • • . • • • • • • • • • • • 5 120.00 056000 Optometrist . . . . . . . . . . . . S 120.00 057000 Orthodontist . . . . . . . . . . . . . S 120.00 058000 Osteopath . . . . . . . . . . . S 120.00 059000 Photoengraver . . . . . . . . . . . . . . $ 120.00 059001 Podiatrist . . . . . . . . . . . . . . . . . . . . S 120.00 060000 Physician, drugless . . . . . . . . . . . . S 120.00 061000 Physician, M. D. . . . . . . . . . . . . . S 120.00 062000 Psychiatrist. . . . . . . . . . . . . . . • . S 120.00 ® 063000 Psychologist . . . . . . . . . . . . . . S 120.00 064000 Surveyor . . . . . . . . . . . . . . . . . . $ 120.00 065000 Taxidermist . . . . . . . . . . . . . D 120.00 066000 Veterinarian . . . . . . . . . . . . . . . . S 120.00 067000 Other Professionals not listed S 120.00 SERVICE 068000 Abstract and Title Company. . . . . . S 165.00 068001 Actuaries 120.00 070001 Computations involving compound interest and • • • S S 180.00 180.00 070004 retirement and mortality estimates. 068002 Permitting the operation of but one person. . . S 120.00 068003 In addition thereto for each partner and /or employee in connection therewith. . . . . . . S 56.00 069000 Addressing. `failing or puplirnting Service S 80.00 069001 One employee . . . . . . . . . ._ . . . . . . 5 192.00 069002 Two to five employees . . . . . . . . . . . . . j 249.00 069003 Six to ten employees. . . . . . . . . . . . S 310.00 069004 Over ten emplovees . . . . . . . . . . . . . . 070000 Administrntive office. 070001 One to five empIovi••s . . . . . . . . • S 070002 Sir to fiflcen cmplovi•ev. 120.00 070001 • • • • S1XLeon to twenty - five i•mplt,v,os. • • • S S 180.00 180.00 070004 Over twenty -five implt,v •.•v $ 270.00 71000 Advertising: Trade ;nduceme ^t company or individual - the term "advertising or trade inducement company or individual" shall be construed to apply to each person engaged in conducting an advertising or trade inducement company of offering for sale anv eoods, wares or merchandise by advertisement or in any other inducements or schemes are offered to induce trade . . . . . . . . . . . . . . . . . . . 5 468.75 072000 Advertising agency (only one person) . . . . . . . 5 120.00 072001 In addition for each partner or emplovee 5 56.00 073000 Advertising benches business. . . . . . . . . . $ 80.00 (For regulatory provisions and permit fee for each bench see Sections 3 -45, 3 -52, City Code) 074000 Advertising on streets . . . . . . . . . . . . . . $ 120.00 075000 Advertising: Sound truck, per day. . . . . . . . $ 165.00 (Permission by City Manager, only) 076000 Alarm Systems Permits installation and service of various types which includes: Burgler, photoelectric, ultrasonic, capacitance, sonic, fire and the like . . . . . . . . . . . . . . . . . . . . . . $ 165.00 078000 Ambulance (1 ambulance) . . . . . . . . . . . . . R 100.nn 078001 Each additional ambulance. . . . . . . . . . . . $ 80.00 079001 Answering Telephone Service . . . . . • . • . $ 282.00 080000 Antiques. Merchandise of intrinsic value not to be confused with secondhand merchandise . . . $ 282.00 Appraiser. (Other than real property, Fla. Statute 475) 080001 Permitting the operation of but one person . . . S 120.00 080002 In addition thereto for each partner and/or employee in connection therewith . . . . • • • • $ 40.00 081000 Armored car, each vehicle. . . . . . . . . . . • $ 120.00 082000 Arms, including pistols, rifles, shotguns and firearms of all kinds (a) Dealer in, alone or in connection with any other business . . . . . . . . . . $ 192,00 082001 Artist (Including retouching, sketching, portrait, cartooning, silhouetts, etc. $ 192.00 082002 Artist,- Commercial Painting, crayoning, sketching, cartooning, illustrating, retouching, ferrotyping, etching, similar lines . . . . . . . . . $ 168.00 083000 Auction: Each sale jewelry, rugs, antiques, Per day . . . . . . . . . . . . . . . . . . . . . $ 1 ,562.50 084000 Auction: Other sales, per day . . . . . . . . . $ 120.00 085000 Auctioneer . . . . . . . . . . . . . . . . . . . $ 468.75 085001 Auditor . . . . . . . . . . . . . . . . . . . . $ 200.00 -5- 085002 Auditing Firm (`at State Certified) Permitting the operation Of but one person . . . S 200.00 085003 in addition thereto for each partner and /or employee in connection therewith . . . . . . . . S 56.00 086000 Automobile Washing, and polishing, alone or in connection with any other business . . . . S 192.00 087000 Auto painting. . . . . . . • • • . S 120.00 088000 Auto Tag Agency . . . . . . . . . . . . . . . . . S 200.00 089000 Bail bondsman (for regulatory provisions see Article II, City Code) . . . . . . . . . . . S 120.00 090000 Banks, general . . . . . . . . . . . . . . . . . S 337.50 092000 Barber shop (3 chairs, minimum) . . . . . . . . . S 80.00 092000 Baths, turkish (masseur) . . . . . . . . . . . . S 120.00 093000 Baths, other types . . . . . . . . . . . . . S 192.00 094000 Beauty shop (permits retail sale of barber and beauty supplies) . . . . . . . . . . . . . . $ 100.00 095000 Bicycle rent and repair . . . . . . . . . . . . . $ 80.00 096000 Blacksmith . . . . . . . . . . . . . . . . . . . $ 100.00 097000 Book bindery (1 -5 employees) . . . . . . . . . . S 108.00 097001 6 -25 employees . . . . . . . . . . . . . . . . . 148.00 098000 Bookkeeping service . . . . . . . . . . . . . . $ 100.00 099000 Bootblack stand, each chair. . . . . . . . . . . $ 12.00 100000 Bottled Wa:er Distributor. Permits distribution and sale of bottled mineral or carbonated waters and /or beverages at retail only (house to house sales) (a) Permits use of one vehicle. . . . . . . . . S 192.00 100001 (b) For each additional vehicle . . . S 56.00 Broker or Agent 101010 (a) Boats, ships and yachts, permitting the operation of but one person acting as agent and /or broker negotiating sales but does not carry stock on hand . . . . . $ 201.00 101020 (b) Business opportunities, permitting the operation of but one person acting as intermediary between buyer and seller for the consideration of a brokerage fee or commission from either the huyer or seller . . . . . . . . . . . . . $ 192.00 101.030 (c) Mercantile . . . . . . . . . . . . . . . . . $ 140.00 101040 (d) Mortgage Loans . . . . . . . . . . . . . . . S 140.00 101041 (1) For each partner and /or employee in connection therewith . . . . . . . . $ 56.00 102000 Bus Company . . . . . . . . . . . . . . . . . S 300.00 103000 Cabinet maker's and carpentry shop: 1 -5 employees . . . . . . . . . . . . . . . . . S 100.00 103001 6 -25 employees . . . . . . . . . . . . . . . . . S 148.00 103002 Over 25 employees . . . . . . . . . . . . . . . . S 165.00 -6- 104000 Calculating and Stat!s cal Service, includes amortization schedules, computing, etc., (other than data processing) (a) Permitting the operation of but one person . . . . . • • . • • • . • • • • 5 104001 (b) For each partner and/or employee in connection therewith . . . . . . . . . . . S 105000 Carpet and /or Rugs (a) Installation and service . . . . . . . . . . $ 105001 (b) Cleaning, by hand or vacuum process . . . . S 106000 Card writer (engraver): . . . . . . . . . . . . . $ 107000 Caterer . . . . . . . . . . . 5 108000 Check cashing agency. . . . . . . . . . . . . . 5 108001 Cold storage (retail) . . . . . . . . . S 110000 Collection agency . . . . . . . . . . . . . . . . S 111000 Consultant, permitting the operation of but one person (other than investments) . . . . . $ 111001 (a) For each partner and /or employee in connection therewith . . . . . . . . . . . . 5 112000 Contractor. . . . . . . . . . . . . . . . . . . 5 113000 Convalescent Home . . . . . . . . . . . . . . . . S 113001 Court Reporter . . . . . . . . . . . . . . . $ 114000 Credit Bureau (alone or in connection with any other business . . . . . . . . . . . . . 5 114001 Credit'Union . . . . . . . . . . . . . . . . . . .. 5 115000 Dance hall, ballroom . . . . . . . . . . . „ . 5 116000 Dance studio . . . . . . . . . . . . . . . . . $ 117000 Day nursery . . . . . . . . . . . . . . . . $ 117001 Data Processing Service Includes systems designed, programming, tabulating and computing. (a) Permitting the operation of but one person § 117002 (h) In addition thereto, for each partner and /or employee in connection therewith . . . . . . S 118000 Delivery, messenger service . . . . . . . . . . . 5 119000 Detective agency With one person -Ref. Subsec. 221000......5 Each additional person,,,, .....'" S 1200D Diaper Service, when not licensed as a "' laundry within the City. (a) Without established place of business within the City, persons collecting and /or delivering in connection herewith shall pay a license fee for each vehicle . . . . . . . . . . . . . . . . $ -7- 200.00 56.00 165.00 192.00 80.00 100.00 300.00 160.00 120.00 192.00 56.00 200.00 140.00 192.00 200.00 120.00 160.00 120.00 80.00 200.00 50.00 80.00 200.00 60.00 165.00 121000 Directories, alone or .r connection with any other business comciIi. ^•Z_. 73kinQ_ or offering for sale. . . . . . . . . . . . . . . . . . . . S 282.00 122000 Display installation Service. . . . . . . . . . . S 192.00 123000 Dog Grooming Service. Permits incidental sale of merchandise (li -^ited to $500.00 of stock carried) . . . . . . . . . . . . . . $ 192.00 124000 Dog Training . . . . . . . . . . . . . . . . . . . $ 192.00 125000 Door Operating Devices, permits installation and service . . . . . . . . . . . $ 165.00 Draftsman, mechanical, architectual or other 126000 (a) If self — employed . . . . . . . . . . . . . . S 200.00 126001 (b) If employee . . . . . . . . . . . . . . . . . $ 84.00 127000 Dressmaking (no stock) (one person) . . . . . . . S 60.00 127001 (a) Each additional person . . . . . . . . . . . S 40.00 128000 Dry Cleaner, Cleaner and Dyer. Permits fur storage and repair. 128001 Plant, where cleaning, pressing or dyeing is done on premises. . . . . . . . . . . . $ 249.00 128002 Agency, where no cleaning, pressing or dyeing is done on premises . . . . . . . . . . $ 164.00 128003 Without an established place of business within the City; persons collecting and /or delivering in connection with the business of license fee for each vehicle . . . . . . . . . . . . . . . . . . . . . $ 165.00 129000 Electric Power 6 Light Company. . . . . . . . . . $ 450.00 130000 Employment agency (one per -,on) . . . . . . . . . $ 160.00 130001 (a) Each additional partner /employee , . . , , , $ 56.00 131000 Entertainment in restaurants, dining rooms, bars, providing vocal and /or instrumental entertainment of not more than three (3) persons . . . . . . . . . . . . . . . . . . . . . $ 310.50 131001 Escort Agency . . . . . . . . . . . . . . . . . . $ 186.15 132000 Express company (set by state) 133000 Fender and body work, auto painting (no garage) . . . . . . . . . . . . . . . . . . . $ 120.00 134000 Fortuneteller, including clairvoyant, Palmist, astrologer, phrenologist, character reader, spirit medium, absent treatment healer, mind reader, mental healer, numerologist, and every person engaged in any occupation of similar nature . . . . . . . . . . . . . . . . . . $ 2,148.44 135000 Franchise Broker and /or Dealer. . . . . . . . . . $ 281.25 135001 Freight Forwarding Service Establishment engaged in furnishing shipping information and actin,: its agents for freight and cargo shipments. (a) Pcrmittint; the orcr:itinn of but ono person $ 135002 (b) In addition thrret�, vnch partner and /or 200.00 employee in connection therewith . . . . . • j 56.00 136000 136001 137000 138000 139000 140000 141000 141001 142000 141001 143000 143001 144000 7uneral ;:cme, embalrinc . . . . • • • • • • • • • S 225.00 Funeral home, no enbalmin2 . . . . . . . . . 180.00 (Ambulance fee is additional) Garbage Collector . . . . . . . . . . . . . . • • S 200.00 Gas Company (public .:tility). . . . . . . . . . . S 165.00 Gymnasium. Athletic exercise or gymnastics (limited to S500.00 of stock carried) . . . . . . S 225.00 Hail for hire . . . . . . . . . . . . . . . . . • S 100.00 Hospital- sanitarium, clinic . . . . . . . . . . . S 200.00 Importer /Exporter . . . . . . . . . . . . . . . . S 337.50 Defined as an individual, company, co- partnership coporation or agent thereof engaged in the business of buying and selling tangible personal property (other than those specifically classified herein) as a whole- saler or distributor, and only where the merchandise is kept or stored or delivered from outside the City. (Where the merchandise is located within the City there is a Merchant's license due.) Insurance adjustor . . . . . . . . . . . . . . . $ 140.00 Each additional adjustor . . . . . . . . . . . . S 40.00 Insurance Agency - 1 agent. . . . . . . . . . . . $ 120.00 Each additional agent . . . . . . . . . . . . . . $ 40.00 The following license fees are required to be paid by each person operating an insurance agency in the city. A separate license shall )e required fox each separate location and fur each person connected with such agency engaged in soliciting or taking applications for, negotiating, effecting or collecting premiums or insurance, whether the insurance companies represented by the agency are regularly licensed by the State of Florida or not; and provided, that each insurance company represented by such agency shall first have taken out a license as provided herein, permitting its operation with any duly licensed insurance agency in the city, and provided that there shall be kept on display in a conspicuous place at the agency hereby licensed, a permit executed by the tax collector permitting theoperation of each insurance company represented through the agency hereby licensed. Insurance company . . . . . . . . . . . . . . . . $ 160.00 Each insurance company or association operating in the city, including all companies or associations writing; casualty, liability, industrial, fire, health, accident, life and other insurance of all kinds and types; including; also all companies or associations writing fidelity, court, contract and surt•ty honds, financial gtiar:antvos and tits,. insurance or rotaratnteev. M 145000 Interior Decorator (no stock) . . . . . . . . . . c 108 11 146000 investment counsellor S 140.u0 (not a dealer in securities) 1+7000 Investments and securities. . . . . . . . . . . . S 255.00 148000 Laboratory, dental, chemical, X -rav (1 person). . S 120.00 148001 (a) Each additional partner/ emplovee. . . . . . . S 40.00 149000 Land Development Company . . . . . . . S 225.00 150000 Landscaping. Permits designing, installation, planting and maintenance of yards and grounds; planting and care of trees., grass and shrubs. Does not include installation of sprinkler systems or pest control service. (Requires insurance) . . . . . . . . . . . . . . . . . . . .. S 165.00 151000 Laundry . . . . . . . . . . . . . . . . . . . . . S 200.00 152000 Laundry agency . . . . . . . . . . . . . . . . . . S 120.00 153000 Laundry, hand . . . . . . . . . . . . . . . . . . S 60.00 154000 Laundry, no local headquarters . . . . . . . . . S 120.00 154001 Each additional truck . . . . . . . . . . . . . . S 40.00 155000 Laundry, self- service . . . . . . . . . . . . . . S 140.00 (10 machines) 155001 Each additional machine . . . . . . . . . . . . . S 10.00 156000 Lawn and shrubbery maintenance. Includes cutting of grass, pruning and minor planting, does not include spraying service. 156001 (a) One person . . . . . . . . . . . . . . . . . S 60.00 156002 (b) Two to three persons . . . . . . . . . . . . S 100.00 156003 (c) Four to eight persons. . . . . . . . . . . .. S 164.00 156004 (d) Over eight persons . . . . . . . . . . . S 168.00 157000 Linen supply service . . . . . . . . . . . . . . . S 100.00 158000 Locksmith. Includes locksmiths and key makers . . . . . . . . . . . . . . . . . . . . . S 192.00 159000 Machine Shop. Permits machining of parts, assembling, welding, tool and dye work and general machine work. 159001 (a) For three persons . . . . . . . . . . . . . . 19Z .00 159002 (b) Over three persons . . . . . . . . . . . . . 207.00 160000 Mattress renovating . . . . . ° • ° . ° • ° • • ° S 140.07 161000 Microfilming Service, with or without an established place of business within the city . . . . . . . . . . . . . . . . . . . . . . $ 192.00 162000 Milk Distributor. Permits distribution and sale of milk and dairy products, retail only, (House to house sales) (a) Permits u . • . . use of one vehicle . . . . $ 192.00 ]62001 ( h ) For each additional vehicle. ' S 56.00 163000 Model Agency, for the placement of modt•Is who are employees of the agency . . . . , • S 165.00 164000 Mortgagor and Loans. Each person, other than stnto or national hanks and huiIdinl, and loan asSOC iations, ongaj,,,et in the• husiness nl Ionding money. voruro,i by real nr pvrsonaI prnperty or otherwis,. not h c r v i n rlsissified as n sm:iI I loan ompativ ,r as a 1,:iwnbrokor.. . S 231 .25 Mle 165000 Motion Picture Producer . . . . . . . 20`' 166000 Motion Picture Studio a) `got exceeding 5,000 sq. ft. . . . . . . . 202 166001 (b) over 5,000 sq. ft. . . . . . . . . 319 . 167000 *lotion Picture Machine Operator . . . . . . . . . S 209.6: 168000 Museums, including storerooms, shows, exhibit ine articles and relics of historic interest or object of art with or without admission charge. . . . . . . . . . . . S 249 169000 Naval Architect . . . . . . . . . . . . . . . . . S 200,.. 170000 Nursery (Plants) . . . . . . . . . . . . . . . . S 200.CG 171000 Oil or Crease Salvage Collection, with or without an established place of business within the city . . . . . . . . . . . . . . . . S 192.00 172000 Oxygen Dealer, rendering sale or service of oxygen gas. S 192,00 (When not classified as rental agency or personal property) 173000 Parcel Delivery and /or Messenger Service. . . . , S 192.0) (Cxclusive of telegrams) 174000 Parking lots - commercial Up to 10,000 square feet . . . . . . . . . . . . . S 136.00 174001 Each additional 5,000 square feet or fraction thereof . . . . . . . . . . . . . . . . . S 68.00 Defined as property properly zoned for such business. The above license fees are required for parking spaces, except when publicly advertised as "Free Parking" for customers and /or employe.=_s +inly. 175000 Patrol agency. See subsection 221000 1'200.00 for one • • • I,erson, 560.00 176000 Patrol Service. vaCh additional . . . . . . . . . . . . . . Where such services donot conflict with for one a, 560.00 the Police Department, but are confined person, dCh e ach additional to homes and does not extend beyond the following: Checking on homes when owners are on vacation; changing tires; pushing cars when they will not start; checking on baby sitters; taking members of house - hold, other than boarders, to doctor; free ambulance service; answering calls as to prowlers and, if located, notifying Police: and any emergency that might occur around the home. 177000 Pawnbroker. . . . . . . . . • . . . , . S 421.00 178000 Pest control permitting exterior and /or interior spraying, as qualified in the category or categories of pest control as indicated on the license issued by the Florida State Board of Health. State certifi,•ation required before issuance of ticensv. (See F. S. 482 - Pest Control Ac•t 196S)• 178001 (a) Fumigation 1 7800 °_ • (h) General household and /or rode ne S 1 F ti I),,) cant ro 1 . . . . . . S 178001 . . . . . . (r) L.cwn and ornamental . 165.00 178004 (d) I'ormitr :cnd tither woti,.I inlr.t in,• S 165.00 .ri:,inisma. . . . . . . . . . . . . . . . S 165.00 119005 m ;sic,... 1irr -n =e fee, _, c,ua1_:._.. ... all ,.ater_:riLs listed above . . . . . . . . . . . . 178006 If aualiiic- d in three categories. 178007 If nuaiificd in two categories. 178008 If qualified in one category. . . . . . ... . . . 179000 Photocrapher. . . . . . . . . . . . . . . . . 180000 ihotocrapher, finisher . . . . . . . . . . . . . . 181000 Photo-.rapher, street. . . . . . Olust have solicitor's license and permit from the Chief of Police). 182000 Physical Therapist R.P.T . . . . . . . . . . . . . 183000 Private school . . . . . . . . . . . . . . . . . . 183001 Professional Service Corporation . . . . . . . . 184000 Promoter of entertainment, sports, contests, parades or similar activities sponsored by civic, fraternal or religious organizations, including vendors in connection therewith. . . . . . . . . . . . . 185000 Property Management . . . . . . . . . . . . . . . 186000 Public stenographer . . . . . . . . . . . . . . . 187000 Radio broadcasting station. . . . . . . . . . . . 188000 Real Estate Broker . . . . . . . . . . . . . . . . 188001 Each salesman . . . . . . . . . . . . . . . . . . 189000 Rehabilitation Center . . . . . . . . . . . . . . 190000 Rental agency (equipment & material). . . . . . . 191000 Rental, cars. . . . . . . . . . . . . . . . . 191001 Each vehicle . . . . . . . . . . . . . . . . . . . 192000 Repair Shop . . . . . . . . . . . . . . . . . . 193000 Reporters. Includes convention, court, medical and similar types of reporting, one person . . . . . . . . . . . . 193001 (a) Each partner /employee. . . . . . . . . . 194000 Riding academy . . . . . . . . . . . . . . . . . . 195000 Salesman, outside (with locally licensed firm) , each . . . . . . . . . . . . . . . . . . . 196000 Savings and loan association. . . . . . . . . . . 197000 Services, general . . . . . . . . . . . . . . . . 198000 Shoe repair shop. . . . . . . . . . (Permits retail sale of shoe polishes and cleaners) 199000 Sightseeing buses. F.ach vehicle. . . . . . , 200000 Sign writer . . . . . . . . . . . . . . . . . . . 200001 Sign Company . . . . . . . . . . . . . . . _ . 201000 Smn! I I�1;in company. -12- S 2?2.2 S 2.13.0 S 207.. S 100.07 S 100.07 100.00 S 200.00 S 200.00 S 200.00 S 75.00 S 120.00 S 80.00 S 258.75 S 160.00 S 40.00 S 200.00 S 140.00 S 247.50 S 40.00 S 100.00 S 192.00 5 56.00 S 165.00 S 24.00 S 337.50 $ 100.00 S 100.00 S 180.00 S 80.00 S 120.00 S 300.00 202000 Tailor . . . . . . . . . . . . . 203000 Tax agency 204000 Taxis Right to engage in the taxicab business.. . . . 204001 Each vehicle . . . . . . . . . . . . . . . . . 205000 Telegraph Company. . . . . . . . . . 206000 Telephone Company. . . . . . . . . . . 207000 Television Broadcasting. Business of production or generation of electromagnetic waves within the City for the purpose of broadcasting . . . . . . . . . . . . . . . . . . 208000 Ticket Office . . . . . . . . . . . . . . . . . . 209000 Towing Service (a) Towing of motor vehicles which have been impounded by the City of South Miami and the storage thereof within the City . No such license shall be issued except to an operator who will qualify by providing twenty -four (24) hour service, to be both safe and adequate, as approved and directed by the City Manager. 209001 (b) Towing of motor vehicles other than those impounded by the City of South Miami with or without an established place of business within the City . 210000 Trading Stamp Company . . . . . . . . . . . . . . 211000 Transfer company, eac't vehicle . . . . . . . . . 212000 Trash and junk collector . . . . . . . . 213000 Travel Bureau, . . . . . . . 214000 Tree Surgeon .. . . . . . . . . . . . . . . 215000 TV and radio repair (no sales) . . . . . . . . . 216000 Upholsterer . . . . . . . . . . . . . . . . . . 217000 Warehouse to 5,000 sq. ft. . . . . . . . . . . . 217001 Over 5,000 sq. ft . . . . . . . . . . . . . . . . 218000 Water company . . . . . . . . . . . . . . . . . . 219000 Window, house cleaning . . . . . . . . . 220000 Yoga Studio . . . . . . . . . . . . . . . . . . 221000 Detective or patrol agency. (a) Any application for a license either as a private detective agency or patrol agency shall designate the location of said agency in which said business shall be conducted, the exact name of the individual, corporation or co- partnership who seeks to conduct said business, the age of such individual if such application for an individual only. That the police chief of the City of South Miami is hereby authorized to have prepared the application as herein described and can add to said application as to m ;otters deemed necessary in properly inquiring; of said applicants as to their fitness. -13- S 80.03 S 120.00 S 200.00 S 240.00 5 140.00 S 393.75 S 281.25 $ 207.00 $ 120.00 $ 192.00 $ 537.50 $ 60.00 $ 160.00 S 100.00 $ 120.00 $ 80.00 $ 120.00 $ 200.00 $ 240.00 5 280.50 5 60.00 S 120.00 ATTACUWNTS (b) It is further provided t'nat it sha11 be mandatory for any applicant to afford to the City his financial standing and previous experience in the type of activity for which the license is applied and the police department shall be under a duty to investigate the past records of the individuals or individual applying and making proper recommendation to the City ��—missinn of the City of South Miami as to whether the said application shall be granted or denied. (c) All applications for either a private detective agency or patrol agency must be granted by the City Commission based on the recommendations of the City of South Miami Police Department and no such application if granted shall be transferable except if the same is allowed by the City of South Miami City Commission. (d) The yearly license fee for either a private detective agency or a patrol agency shall be in the sum of $200.00 for one person and the sum of $60.00 for each additional person. -14- ., 9 -93 -1537 ' Z:J L1t AI:CL i. _R :!NANCY. '4z 'IAYOR AND _HE '_"Y :F 30L'TH :iIAMI, FLORIDA AMENDING ')RDINANCE :.C. '-3- :I1 ° T": ,G 73E REOUIR£MENT FOR =ROOF :F :ASUAL:'. ::;SURANCE 7FCM . "bT:ONS -:•R :CCUPATIONAL :._.'LASES: ?ROVID:NG FOR _EveRA$ii:._. = HOVIZ:NG FOR r'RDINANCES : :1 __:IFL:C':, AND FcCC:_:VG A.: :F ?FCT.'1c LATE. WHEREAS. :he _1tv of South Miami has heretofore enacted an :ccupational :.icense Ordinance, which was amended by Ordinance :to. 1a -80 -1077 to arovide in Section 1 (cl thereof: All aoolications for occupational license of :enewal ::.ereof shall show the name, address, zremium. effective date of .ne _�rrent .asualty insurance issued _:� such appLlzant =or vhicn in occupational license or renewal '_s souant at 'she time of submission of said -;ccunaticnal' license ao_olication ind :he *?newal each near. and: WHEREAS, the Mavor and City Commission believe it is not "ecessary to require proof of casualty `.nsurance as a prerequisite for aoolication for an occupational license or renewal thereof: NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 1 (c) of Ordinance No. 18 -80 -1077 :Je. and the same 6,ereby is, repealed. Sect:zn 2. :f any section, clause, sentence, or phrase of --his Ordinance is :,eld to be invalid ur unconstitutional by any _ours of --omnecent 4.urisdiction, then said holding shall in no way affect the validity of the remaining portions of this r1 in•ince . Section 3. X11 Ordinances or parts of Ordinances in 7snflict '.srewith re, and the same hereby are, repealed. Sec_ t:o_ ®q. This Ordinance shall take effect immediately at the time of its oassace. ti� �N A.iSEfl AND 00PTED ♦s 20 :ay July .393 ' AFPROVe,u : -T l l .I—Y :L!RK READ AND APPROVED AS TO FORM: ai AIY ATTORNEY 'tGFc A L ORDINANCE NO. 12 -92 -1507 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 5-91 - 1470 BY PROVIDING A PERIOD OF SEVEN CALENDAR DAYS FOR PERSONS WHO HAVE FAILED TO EVER OBTAIN AN OCCUPATIONAL LICENSE TO OBTAIN SUCH LICENSE WITHOUT INCURRING A FINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance first enacted in 1948, the City of South Miami, Florida required occupational licenses; and WHEREAS, thereafter in Ordinance 5 -91 -1470, the City of South Miami imposed a 8 300.00 fine for those persons who have failed to ever obtain an occupational license (as compared to persons whose license has not been timely renewed); WHEREAS, the Mayor and Commission now wish to amend the Ordinances by providing a grace period of seven calendar days from the date of notification of the failure to obtain such occupational license within which the person who has failed to obtain such license may obtain it without fine; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Sub - Section 25 a) of Ordinance 5 -91 -1470 be, and hereby is, amended to read as follows: Any person engaging in or managing any business, occupation or profession without ever having first obtained a local occupational license, if required hereunder, shall be subiect to a penalty of twenty -five percent (25 %) of the license determined to be due, in addition to any other penalty provided by law or ordinance. Section Z_ If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 2 *_h day of June, 1992. APPROVED: 'KIYOR ATTEST: A �- e� �* C %T LERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 .T Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 2 *_h day of June, 1992. APPROVED: 'KIYOR ATTEST: A �- e� �* C %T LERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 ORDINANCE NO. 20 -91 -1485 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 5 -91 -1470 OF THE CITY OF SOUTH MIAMI, FLORIDA TO PROVIDE A LIMITATION ON FINES FOR DELINQUENT OCCUPATIONAL LICENSE RBNEWAL3 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, on March 5, 1991, the City of South Miami, Florida has enacted Ordinance 5 -91 -1470, which amended sub- section 25 c) of -Ordinance 18 -80 -1077 to provide for an additional fine for delinquent occupational license renewal; and WHEREAS, it appears Florida Statute 205.053 limits municipal powers to fine delinquent occupational license holders; and WHEREAS, the Mayor and City Commission wish to amend the Ordinance to accord With the State Statute; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDAi Section 1., Sub- section 25 c) of the Ordinance 18 -80 -1077 be, and the same is, hereby amended to read as follows: c) . Enforcement procedures under this Ordinance for occupational license renewals shall take effect after a renewal is delinquent 4 months and 1 day and the foregoing shall be in addition to all other fine& as specified for licensee not renewed within the specified period of time; however, the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. Section 2. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaini'.g portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 4, This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 30 th day of June , 1991. APPROVED: YOR ATTE l CI R READ AND APPROVED AS TO FORM: C TY ATTORNEY 2 .16.W ORDINANCE No. 5-91 -1470 a�r® ATTEST: C�.k: _.___ C Clerk READ AND APPROVED AS TO FORM: City Attorney AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TPE CITY OF SOUTI! MIAMI, FLORIDA, AHENDIFC ORDINANCE NO. 1£- FC -IC77, SECTION 25., FAILURE TO OBTAIN LICENSE., OF THE CITY OF SOUTT: !'IAi!I COPE OF ORDII:ArCES BY PROVIDING A FINE. OF TEREE HUNDRED (:300.00) DOLLARS FOR THOSE OPENINC AND OPERATING A RUSIIIF.SS IN Tllr CITY OF SOUT1! MIAMI, FLORIDA, I'.ITIIOUT FIRST OBTAINING THE REQUIRED CITY OF SOUTI: NIANI OCCUPATIONAL LICENSE; PROVIDING FOR ORDINAI ICES OR PARTS OF ORDINANCES III CONFLICT AND PROVIDING AN EFFECTIVE DATE. VREP.EAS, Ordinance No. IE -F. -1077, which was enacted in 1980, provides "a penalty of twenty -five (25%)•percent of the license determined to be due in addition to any other penalty provided by law or ordinance" for those persons engaging in or managing any business, occupation or profession without first ; obtaining a local'oecupational license. 1101;, THEREFORE, BE IT ORDAINED BY TP.E NAYOP. t.ND CITY COIINISSION OF THE CITY OF SOUT11 YZARI, FLORIDA: Section 1. That Ordinance No. IF -FO -1077 Section 25., Failure to Obtain License, of the City of South Miami Code of A Ordinances be and the same is hereby amended to read as follows: a) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational _. license, if required hereunder, shall be subject to a fine of three hundred ($300.00) dollars in addition to any other penalty provided by law or ordinance. b) Enforcement procedures for new occupational licenses may commence upon the City becoming aware of any person enraginf in or nenaging any business, occupational or profession without first obtaining a local occupational license. c) Enforcement procedures under this ordinance for occupational license renewals shall take effect after a renewal is delinquent 4 months and 1 day and the foregoing shall be in addition to all other fines as specified for licenses not renewed within the specified period of time. Section 2. All ordinances or parts of ordinances in conflict herewith be and the sas•e are hereby repealed. Section 3. This ordinance, shall take effect immediately at the tine of its passage. PASSED AND ADOPTED this Sth day of March APPROVED: a�r® ATTEST: C�.k: _.___ C Clerk READ AND APPROVED AS TO FORM: City Attorney ORDINANCE NO. 20 -83 -1180 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 24 OF ORDINANCE NO. 18 -80 -1077 OF THE CITY OF SOUTH MIAMI BY DELETING THEREFROM THE "SCHEDULE OF LICENSE TAXES" ATTACHED TO SAID SECTION AND SUBSTITUTING IN ITS PLACE AND STEAD THE "SCHEDULE OF LICENSE TAXES" WHICH IS ATTACHED TO THIS ORDINANCE AND MADE A PART OF SAID SECTION 24, WHICH SCHEDULE PROVIDES FOR AN INCREASE IN LICENSE TAXES, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 24 of Ordinance No. 18 -80 -1077, of the City of South Miami be, and the same is hereby amended by deleting the "Schedule of License Taxes" attached to said Section and substituting in its place and stead the "Schedule of License Taxes" attached to this Ordinance and made a part of said Section 24, which Schedule provides for an increase in license taxes. Section 2. All Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 3. This Ordinance shall take effect on October 1, 1983. PASSED AND ADOPTED this 2nd day of August 1983. , APPROVED: ATTEST: M' R `7 -J CITYICLERK Passed on lst Reading: 7 /19/83 Passed on 2nd Reading: 8/02/83 i I ORDINANCE NO. 18 -80 -1077 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, IMPOSING OCCUPATIONAL LICENSE TAXES ON PERSONS MAINTAINING A PERMANENT BUSINESS LOCATION OR BRANCH OFFICE WITHIN THE CITY FOR THE PURPOSE OF ENGAGING IN OR MANAGING A BUSINESS, PROFESSION, OR OCCUPATION WITHIN THE CITY, AS PROVIDED FOR IN CHAPTER 72 -306, LAWS OF FLORIDA: PROVIDING FOR TRANSFER OF LICENSES; PROVIDING FOR PENALTIES FOR DELINQUENT PAYMENTS; PROVIDING PENALTIES FOR VIOLATION OF ORDINANCE: EXPRESSING INTENT THAT ORDINANCE NOT BE INCLUDED IN THE CITY CODE; EXPRESSING INTENT OF SEPARABILITY: REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL TARE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA: SECTION 1. LICENSE REQUIRED. (a) No person shall engage in or manage the businesses, occupations or professions enumerated in this ordinance and required to be licensed by the City, without first having paid the amount of license tax required for each separate location in the City, for the use of the City, and having obtained a City license therefor. For the purpose of this ordinance, any person holding himself out to the public by sign, printed matter, telephone directory classified section, city directory, post office box or otherwise, regardless of whether such person actually transacts any business or practices a profession or engages in an occupation shall be considered as engaging in business and shall be liable for an occupational license tax therefor, according to the classification of the business so held out or advertised, as set forth herein. (b) Professional practitioners are recognized professions regulated by State Boards requiring examination and certification. Professional licenses are individual licenses and each person engaged in the practice of their profession whether alone, in a partnership or as an employee of another person, partnership, corporation or professional association shall obtain an occupational license. - 1 - SECTION 2. TERM AND DURATION - Penalty for Operation After Due Date. Any license issued under this Chapter shall expire on the 30th day of September of each year. No license shall be issued for more than one year. Those licenses not renewed by October 1st shall be considered delinquent and subject to a delinquency penalty of ten percent (10X) for the month of October plus an additional five percent (5X) penalty for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed twenty -five percent (25%) of the occupational license fee for the delinquent establishment. SECTION 3. FRACTIONAL LICENSES. Unless otherwise provided for each license obtained between October first and April first the full tax for one year shall be paid, and for each license obtained from April first to September thirtieth, one -half the full tax for one year shall be paid. SECTION 4. APPLICATIONS - Date; Filing, Necessary Information Every person engaged in or managing any business, profession or occupation referred to in this chapter in the City, is required to procure a city license as herein provided and shall, on or before October first of each year, and always before engaging in any business, profession or occupation, file an application on the prescribed form with the tax collector, signed by an officer, partner or owner of the business. All licenses shall be applied for and issued in the real name of the applicant; in cases where the applicant has qualified under the Laws of Florida for the use'of a "Fictitious Name ", the license, if issued, shall show the real name as well as the fictitious name of the applicant. In such application, the applicant shall set forth the name of the owner (if a firm, the names of all members of the firma if a corporation, the names of all officers of the corporation); the location of the business; the full nature of the business; where the license tax is based thereon; the value of stock carried or the number of seats, machines, employees, gasoline pumps, rooms, or vehicles, etc., used, as the case may be; and such other pertinent information as may be prescribed by the tax collector. -2- SECTION 5. MISREPRESENTATION OF MATERIAL FACT. Any license obtained under the provisions of this chapter upon a misrepresentation of a material fact shall be deemed null and void, and the licensee who has thereafter engaged in any business under such license shall be subject to prosecution for doing business without a license, to the same effect and degree as though no such license had ever been issued. SECTION 6. VALUE OF STOCK CARRIED. Whenever in this chapter a license tax is based upon or determinable by the "value of stock carried ", the value of stock carried shall be the wholesale cost value of all stock in trade and merchandise on hand as of the close of the fiscal year of the licensee next preceding the start of the license period in question. Where the license is not a renewal license or the licensee has not complete one fiscal year, then the value of stock carried shall be the cost value of all stock in trade and merchandise on hand as of the date of commencement of business. The true value of stock carried, as above defined, shall be stated by the applicant for a license or for a renewal` of license. In the event an applicant for a license fails or refuses to state or set forth the value of stock carried, as above defined, or sets forth such value inaccurately, the tax collector of the city shall fix and determine such value from any information in his possession, and the value so fixed shall be used to determine the amount of license tax due the city. SECTION 7. DETERMINATION OF CLASSIFICATION. In the event of a disagreement between applicant and the- city on the question of proper classification of any business, occupation or profession for license purposes, the tax collector shall decide the proper classification, with the right, in the applicant, to appeal from such decision to the City Commission whose decision upon the point shall be final. SECTION 8. LICENSE TO APPLY TO ONE PLACE OF BUSINESS. All licenses provided for herein shall be issued for and apply to only one place of business within the City. -3- SECTION 9. BILLS OR NOTICES FOR LICENSE TAX. It is hereby declared to be unnecessary for the city to send out bills or notices to persons engaged in business in the city with respect to the payment or nonpayment of license taxes. SECTION 10. EXEMPTIONS TO SPECIFIED PERSONS. Exemption from the payment of the license tax set forth herein shall be allowed in such cases as are provided for in this chapter and in the following cases as provided for by the laws of -4- the State of Florida: CITY (a) Disabled veterans of the Spanish American. War, World War I, World War II, Korean Conflict, Vietnam Conflict and widows of such deceased veterans (exempted up to $50.00 annually); occup (b) Confirmed cripples, deaf and mute persons; invalids physically incapable of manual labor; widows with requi minor dependents; and persons 65 years of age or older; the a (c) Growers of farm and grove products, including in th products manufactured therefrom (except intoxicating liquors, wine and beer.) City \(d) Organizations issued State of Florida Non - Profit perso Organization Certificates. matte (e) Other organizations so approved by the City Commission. post SECTION 11. POSTING OF LICENSE. actua Every license shall be posted in a conspicuous place engaR in the place of business for which it is issued and the holder of busin such license shall exhibit same to the city license inspector, his there deputy or any police officer upon being requested so to do'by any held of them. SECTION 12. TRANSFER OF LICENSE - LOCATION; FEES. Licenses may be transferred from one location to another, regul provided, that the licenses are presented to the tax collector Profi for the approval of such transfer. and provided further that no enRaf such license shall be transferred without the approval of the City parts Commission where any question of zoning arises, and provided corps further, that the licensee shall pay for such transfer, a fee in 11 r e t the amount of one dollar ($1.00) if the transfer is applied for before the business is moved to the new location; and two dollars ($2.00) if the transfer is applied for after the business is moved. -4- SECTION 13. CHANGE OF OWNERSHIP: REOUIREMENTS• FEES. Licenses issued by the city may be transferred with the approval of the tax collector (except in the case of alcoholic beverage licenses, which shall require approval of the City Commission) with the businesses for which they were taken out, except as otherwise provided by law, when there is a bona fide sale and transfer of the property used and employed in the business as stock in trade, and not otherwise, subject, however, to the following conditions: (a) The seller of the business shall present the license to the tax collector with an endorsement on the reverse side thereof, assigning all right, title and interest to the purchaser. (b) The purchaser shall produce a properly executed instrument showing the transfer of stock of goods and of the lease or deed to the property. (c) The purchaser shall file an application for license, and shall qualify in all respects as provided by law and by the ordinances of the city as an applicant for a license, as if he had applied for the license in the first instance. (d) A fee shall be paid to the tax collector in connection with such transfer, amounting to $3.00. Every person operating what is commonly known as "lease department" in any store shall ,pay a license for the operation of each department so leased according to the proper classification of the business or occupation as set forth therein. SECTION 15. TERMINATION OF LICENSE ON NOTICE OF BANKRUPTCY. When any person engaged in mercantile or other business in the city shall make an assignment for the benefit of creditors, or when any such person shall be adjudicated a voluntary or an involuntary bankrupt or declared insolvent, any license theretofore issued, authorizing such person to do business in the city, shall immediately be terminated and shall, upon such assignment for the benefit of creditors or upon such adjudication in bankruptcy, immediately become null and void. SECTION 16. REVOCATION FOR VIOLATION OF CODE OR ORDINANCES. The license of any person for the operation of any business may be revoked by the City Commission at any time, upon notice and hearing for violation of any of the provisions of the Code or -5- /11, ordinances of the city or laws of the State of Florida, or for any other good and sufficient reason; provided, however, that this section shall not affect the power of the municipal court to revoke certain licenses where such revocation is specifically provided for by ordinance. SECTION 17. RE- ISSUANCE OF LICENSE; PAYMENT OF DEBTS DUE CITY PREREOUISITE. Any person being delinquent in the payment of any assessment, taxes, fees or any moneys due unto the city shall be as a prerequisite to the re- issuance of an occupational license be required to pay any assessment, taxes, fees or sums of money of any nature whatsoever due unto the city before the aforesaid occupational license will be re- issued by the authorities of the city. This requi -rement shall pertain to any assessment, tax, fee or charge due for services rendered the premises occupied by such business or any "fee, tax or assessment or charge of whatever nature required for services rendered the aforesaid business location, but the same shall not impair any obligation on the part of the property owner to pay any sums due unto the city by virtue of fees, assessments, taxes or charges and this section shall be deemed to require the good standing of any business within the city limits prior to its being qualified to conducting business therein. SECTION 18. REGULATORY PROVISIONS REMAIN IN EFFECT. Unless otherwise herein specifically excepted, changed or differentiated, all qualifying or regulatory provisions of the city applicable to or affecting any of the businesses, operations, occupations or classifications covered by this chapter shall be and remain in full force and effect. SECTION 19. LICENSES TO CONFORM TO ZONING AND BUILDING REGULATIONS. Where any question of zoning arises, no license shall be issued hereunder for any business, occupation or profession until the location thereof shall have first been approved by the City Commission. SECTION 20. AUTHORITY OF TAX COLLECTOR TO PROMULGATE RULES. The tax collector may make such rules and regulations, not inconsistent with this chapter, as may be necessary or proper for the enforcement of the provisions hereof. -6- SECTION 21. LICENSE FEE A DEBT. The amount of any license tax and penalty imposed by the provisions of this chapter is hereby declared to be a debt due to the city, and any person carrying on any business without first havin procured a license from the city so to do, shall be liable to the city for the amount of such license tax recoverable in any court of competent jurisdiction. SECTION 22. REPLACING LOST OR DESTROYED LICENSES; FEE. For the purpose of replacing any mutilated, destroyed or lost license certificate receipt relating to any occupational license granted by the city, the tax collector is hereby authorized and empowered to cause to be executed and delivered an appropriate duplicate license certificate or receipt, upon the submission of evidence satisfactory to the tax collector that the original certificate or receipt was mutilated, destroyed or lost, and upon the holder of such original furnishing the city with indemnity satisfactory to said collector, and upon the payment to the city by the holder of the sum of one dollar ($1.00) for each such duplicate license certificate or receipt executed and delivered hereunder. SECTION 23. RECIPROCITY. Any person who has obtained a license by or through examination in any other city in Dade County, which has requirements similar to those in this Code with respect to the issuance and granting of licenses for the several businesses or occupations, may, if approved by the examining board and without the formality of an examination, be granted a certificate or license by-reciprocity, upor the payment of the occupational license tax or charges applicable to such business or occupation. SECTION 24. SCHEDULE OF LICENSE TAXES. The various businesses, occupations and professions within the city are hereby classified for the purpose of this ordinance and assessments of license taxes therefor are hereby fixed per annum, it unless otherwise provided as set forth in the schedule attached hereto and made a part hereof, and entitled "Schedule of License Taxes" . -7- SECTION 25. FAILURE TO OBTAIN LICENSE. Any person engaging in or managing any business, occupation or profession without first obtaining a local occupation license, if required hereunder, shall be subject to a penalty of twenty -five percent (25X) of the license determined to be due, in addition to any other penalty provided by law or ordinance. SECTION 26. PENALTIES. Any person convicted for violating any of the terms of this chapter shall, upon conviction thereof in a Metropolitan Dade County Court, be sentenced to pay a fine not exceeding the sum of five hundred ($500.00) Dollars or serve a term not to exceed sixty (60) days or both such fine and sentence, in the discretion of the Metro judge. Each day's violation of any of the terms of this chapter shall be deemed and considered and-is hereby specially declared to be a separate and distinct violation of the terms of this chapter, and punishable as such. SECTION 23. INTENT. This ordinance shall not be included in the Code of the City of South Miami. The term "chapter" when used in this ordinance shall refer to this ordinance. SECTION 28. SEPARABILITY. If any section, subsection, paragraph, or other provision of this chapter, or its application to any person or circumstance shall be held invalid or unconstitutional, such holding shall not affect the validity of any other section, subsection, paragraph, or . other provision, or its application to other persons or circumstances. The Commission hereby expresses the intent that it would have enacted the other provisions of this chapter as if the invalid or unconsti- tutional provisions were not contained within the chapter. -8- SECTION 29. PARTS OF ORDINANCES REPEALED. All parts of ordinances in conflict with any of the terms of this ordinance be, and the same are hereby repealed. passage SECTION 30. EFFECTIVE TIME This ordinance shall take effect immediately at the time of its PASSED and ADOPTED this 3rd day of June 1980. APPROVED: ATTEST: CITY CLERK Passed on first reading: 5/20/80 Passed on second reading: 6/03/80 _9- MAYOR Vice -Mayor Andrews Lantz Moved by Seconded by Ummiccinnar Al"Am" YES NO nov,m in Y ._.�..�., GlhSon x L: nt x �r P�r.:c. _ x ORDINANCES — FIRST READING 11) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING A PORTION OF ORDINANCE NO. 18- 30 -1077, AS AMENDED, RELATING TO OCCUPATIONAL LICENSE TAXES, PROVIDING FOR PENALTY TO BE LEVIED AGAINST PERSONS ENGAGING IN A BUSINESS WITHOUT AN OCCUPATIONAL LICENSE OR FAILING TO REVIEW AN OCCUPATIONAL LICENSE; PROVIDING FOR A THIRTY DAY GRACE PERIOD; PROVIDING THE CITY MANAGER WITH POWERS OF REVOCATION; PROVIDING FOR RIGHT TO APPEAL TO THE CITY COMMISSION; PROVIDING FOR ORDERS TO VIOLATORS TO CEASE AND DESIST BUSINESS; DIRECTING THE CITY ATTORNEY TO ENFORCE VIOLATIONS AND PENALTIES BY CIVIL ACTION; PROVIDING FOR RECOVERY OF ATTORNEY' FEES, COURT COSTS, ADMINISTRATIVE COSTS AND PENALTIES UP TO $250.00 AS AUTHORIZED IN SECTION 205.053, FLORIDA STATUTES; PROVIDING FOR AN AMENDMENT TO THE FEE CHARGED FOR TRANSFER OF LICENSE; PROVIDING FOR POWERS TO BUILDING, ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT REGARDING ZONING; PROVIDING FOR REVOCATION OF OCCUPATIONAL LICENSE FOR VIOLATION OF LAND DEVELOPMENT CODE, ORDINANCES, DEVELOPMENT PERMITS, COVENANTS AND RESTRICTIONS; PROVIDING FOR AN AMENDMENT TO THE FEE CHARGED FOR CHANGE OF OWNERSHIP PROVIDING FOR REPEALING SECTION 13 -25 THROUGH SECTION 13 -31 OF THE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION OF ORDINANCE NO. 18 -80 -1077 AS MENDED IN THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA; PROVIDING FOR ORDINANCES IN CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Moved by Commissioner Cooper, seconded by Commissioner Cunningham, this be considered the first reading of the ordinance and it be placed on second reading and public hearing at the next regular City Commission meeting. City Manager Cox explained that this ordinance will give the City an instrument to issue violations to people who do not review or who do not obtain occupational licenses in the City. It will also provide the City Manger with the power of revocation. . Vice -Mayor Young stated that he has several questions for administration and will ask them two at a time so that the City Manager can respond. 1) What is the purpose of the Occupational License Fee? 2) What services does the City provide for accessing these license fees other than defraying the costs of collecting the fees? City Manager Cox responded that license provides the City control of those activities within the community and the Commission the control to determine activities that they would like licensed in the Commission; also the type of functions which are within the land development vote. y ' Excerpted 04104195 Commission Minutes 3) What has staff done to advise and educate: A. The general public about the fees? B. What specifically has staff done to advise the business and commerce communities about these fees? and C. How will customer services be improved as a result of these fees? Not enough at this point, but this is not unique in the City of South Miami. The average business person has not been provided adequate information, in this and other areas. This is being addressed by Staff. 4) Has a diverse cross - section of citizens been invited and convened as a Study Commission for this initiative prior to it being brought to the City Commission for approval and /or amending? Mr. Cox stated that this was given to the Commission in their packet and it is the opinion of himself and the City Attorney that the entire occupational licenses fees and categories need to be discussed. The Study Commission will be appointed from a cross - section of the business community to study these issues and the City Manager will make recommendations for appointment and the Commission can be as large as the Commission wishes. 5) How will the proposed changes aid the City in being: A. More user friendly? B. Building, Zoning & Community Development being more flexible in administering these fees? C. Hasten to solve problems involving citizens and the above fees? D. Provide customer satisfaction through a good recovery if staff makes mistakes? This particular process may not impact the user friendly atmosphere of Building, Zoning & Community Development but it should have a bearing on the type of information provided to users. The user- friendly atmosphere needs to be addressed internally. Attorney Olin noted that the occupational license applications are public records so to that extent it addresses the information being user - friendly. part, but will impact the information that the City is able to give its citizens. Vice -Mayor Young inquired about the fees for yard maintenance and landscaping as depicted on Page 10, 15 -6000 through 15 -6004. City Manger Cox stated that Dade County provides the necessity for license for yard business. Because this business is normally only the parking of a vehicles, no license was required. But complaints, even written complaints are being received as the businesses are larger and still functioning in a residential area. The line items to which Vice -Mayor Young is referring has always been in the ordinance, but is addressing commercial businesses. :.t� I �. s Vice -Mayor stated his hope that problems with citizens are solved and the City is able to give customers flexibility and consideration. Mayor Carver noted that the City Attorney and the City Manager felt the City's current license ordinance had inadequate verbiage and the amendment will allow the City to penalize those who do not obtain a license or those who do not renew their license. Ms. Olin explained that this is technically a "housekeeping" ordinance to reflect penalties per State Law. The City's Occupational License categories and fees must be reviewed by a Equity Rate Study Commission. That Commission, made up of business people, will advise the Commission how the ordinance needs to be amended. This provision is for the cities under the Home Rule power and if the Cities do not take action, the State will step in and do the review. Motion on ordinance, for first reading, passed 5/0: Mayor Carver, yea; Vice - Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Excerpted 04/04195 Commission Minutes CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commission Date: April 7, 1995 From: Eddie Cox Re: 04/18/95 Commission Agenda City Manager Item #,a : Second -Hand Dealers Background: This ordinance amends Article VII, Chapter 13 ( §13 -55 & §13 -58), to transfer the responsibility for licensing second -hand dealers (e.g., coins, jewelry and antiques) from the Police Department to the Building, Zoning & Community Development Department, so that this procedure may be coordinated with the occupational license process (already administrated by the BZCD Dept). The ordinance also contains provisions for performing "basic house - cleaning ", such as dropping a $25.00 fee, and relying exclusively on the adopted fee schedule for occupational licenses. The ordinance deletes investigatory responsibility previously placed with the Police Department which conflicts with federal and State regulatory standards (re: use of the crime information computer). Recommendation: Approval. attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 13 -55, PREREQUISITE TO ISSUANCE OF LICENSE TAG; DELETING SECTION 13 -57, SUPERVISION OF SECONDHAND DEALERSHIPS BY POLICE DEPARTMENT; AND AMENDING SUBSECTIONS (b) , (c) and (d) SECTION 13 -58, SECONDHAND DEALERS - JEWELRY, METAL AND COIN OF CHAPTER 13 "LICENSES" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami Code of Ordinances provides that the City of South Miami Police Department issue occupational licenses to "secondhand dealerships" and "pawnshops" located within the City of South Miami; and WHEREAS, it would be in the best interest of the City if the aforementioned businesses were licensed under the City of South Miami Building, Zoning & Community Development Department; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 13 -55, Prerequisite to issuance of license tag is amended to delete the word "tag" in the title: Section 2. Section 13 -57, Supervision of Secondhand Dealerships by Police Department, is deleted in its entirety: 13 -57 Supervision of Secondhand Dealerships by Police Department. The- stipervislen and --ee re -ems any business knewn as 11seeendhand -dealer u- mewed- trade -the er- d-ixanees ef the Gity shall be with —t- ire- peliee department ems the Eity and persens des-4--in-g. ttype -ef business are hereby neti -fled by this seetien that the besiness establishments shall be eewefiled, supervised, and ender = _,r o =elllaree -ef the pel e department and that the preper eenduet ef the business is entrust te- the -C-ty peliee -depa ent ( e a. 258, 4. 4:0-22-58). Section 3. Section 13 -58 Secondhand Dealers - Jewelry, Metal & Coins, subsection (b) is amended by deleting ^p=er Af peliee and tke -pmt of a fee of twenty five ($25.99 ) dell,rs and inserting Building, Zoning & Community Development Department and deleting er his designee may emaFaine and investigate same, and within ten (49) days theree€, --shall: erward- t- he ajaplieatiear- aleng, with --a his 1 (b) Permit Required: No person, firm or corporation shall engage in, manage, conduct or carry on the business of "secondhand dealer - jewelry, metals and coins" without first submitting a written application to the Building, Zoning & Community Development Department which application will include the name, home address and birthday of the person making the application, the names and addresses and birth dates of all persons having an interest in such business, whether it is a sole proprietorship, partnership or corporation, including stockbrokers and directors, a copy of the last corporate or partnership report furnished the State of Florida and the names, addresses and birth dates of all employees. subsection (c) is amended by deleting peilee and inserting Building, Zoning & Community Development and deleting a and inserting the prevailing and deleting fee ef ten del mss. (c) Change of Location: A change of location may be endorsed on a permit by the Building, Zoning & Community Development Department upon written application by the permittee, accompanied by the prevailing change of location fee. subsection (d) (3) is amended by removing .,,.t:,.ate and (d)(6)(i) is amended by inserting These requirements are also in addition to all applicable state statutes and county ordinances (d) (3) The quantity of the item purchased. (6) (i) Requirements are in addition to other code requirements. The requirements of this section are in addition to any other requirements of the Code of Ordinances of the City of South Miami, such as, but not limited to, zoning and occupational license requirement. These requirements are also in addition to all applicable state statutes and county ordinances. Section 4. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, this finding shall in no way affect the validity of the remaining portions of this ordinance. Section 5. All ordinances in conflict herewith be and ten same are hereby repealed. 2 - 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 Section 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1995. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 3 NEIL CARVER, MAYOR =LATER —O�'F = CE MEMORANDUM TO: EDDIE COX, CITY MANAGER VIA CHAIN OF COMMAND FROM: CAPTAIN G. FELDMAN DATE: MARCH 3, 1995 SUBJECT: MUNICIPAL CODE CHANGES Sir, In an effort to exercise certain enforcement practices upon second hand dealers within the city, myself, Sgt. Bill Fatool, Code Enforcement Officer Kathy Vazquez, Occupational License Officer Alex Torres and Weiner Chalvire have met in a cooperative effort. During our discussions, centered around Article VII of the Municipal Code, certain items have come to my attention which I believe necessitate changes in the Code. The specific draft changes are attached. What follows is a brief synopsis of justification. Section 13 -55 reflects deletion of "tag" from the title, as we do not issue tags. The paper license is all that is given to properly registered and licensed business entities. Section 13 -58(b) reflects a deletion of the Police Department from the licensing process and deletes the payment by a business of an extra fee, over and above licensing. It appears that, from the wording, this $25.00 fee defrayed the cost of background investigations of applicants. These investigations are no longer conducted and a check of the applicants by computer would be a violation of the user's agreement which allows us access to criminal records and information. Section 13 -58 (c) transfers the change of location endorsement to the Zoning Department and reflects the ability to change fees instead of establishing a set amount which could conflict with prevailing fee schedules. Section 13- 58(d) (3) deletes the word "estimated" and requires exact reporting. 13 -58 M TUe addition, while already a matter of law, serves as addition4l notice to licensees and more clearly defines municipal Police powers in ppforcement of state and county regulations. Items stricken are deletions and items underlined are additions. Respectfully submitted, Captain Greg Feldman, Commander criminal IAyestigations Division GF /:qv ARTICLE VII. SECONDHAND DEALERS; PAWNSHOPS Sec. 13 -53. Definitions. Secondhand dealership. The term "secondhand dealerships" shall be construed to mean anyone engaged in the sale, disposition, transfer, or conveyance, whether it be in trade for moneys received or a consideration or whether it be by barter and anyone selling or disposing of secondhand merchandise, goods, wares or things of value, whether same be in a business location solely or whether in combination with a business and a place of residence. Pawnshops. The term "pawnshops" shall mean any place where money is lent on objects retained by said pawnshop and where anything of value shall remain on the premises based on a personal loan wherein a pledge or a retention of these objects of value is made by the "pawnshop" business. (Ord. 258, 1, 10- 22 -52) Sec. 13 -54. Construction of term "secondhand dealer", application and payment of occupational license required. Any person who shall engage in the sale and disposition by any means whatsoever of chattels, personalty or any things of value are of a secondhand nature and are not new shall be engaged in "secondhand dealership." A "secondhand dealership" of any nature whatsoever shall only be allowed to operate upon application filed for an occupational license, the approval of the same by the city and the payment of the required sum for such occupational license as set out in the license tax schedule. (Ord. 28, 2, 10- 22 -52) Sec. 13 -55. Prerequisite to issuance of license tag: As a prerequisite to the issuance of an occupational license for conducting a business as a "secondhand dealership" the party or parties so applying for such occupational license shall be denied a license unless the parties or party applying for such occupational license have first signed a waiver in writing furnished by the city manager wherein the business shall be recognized by the applicant as being primarily a business establishment and should there be living quarters within the business building it is of secondary use thereof. The statement shall also contain the positive and unequivocal statement of the applicant that as concerns the powers of the police of the city the building in which the dealership shall be conducted shall be declared by the applicant as being a business establishment for the purpose of issuance of the occupational license. Should building have quarters wherein persons reside who are not connected with the "secondhand dealership" that as a prerequisite to the issuance of the occupational license the applicant must furnish to the city clerk a waiver to include those persons who live in the business building. (Ord. 258, 5, 10- 22 -52) Sec. 13 -56. Pawnshops illegal; revocation of secondhand dealer's license for operating as such. It is deemed by this article that "pawnshops" are not included within the meaning of the term "secondhand dealerships" and that as such, "pawnshops" shall not be included as becoming a legal business endeavor under the terms of this article. Anyone who operates a "secondhand dealership" in the city under the terms of this article who is engaged in the business of operating a "pawnshop" shall be subject to the revocation of the occupational license together with any penalties as set forth in this article. (Ord. 258, 3, 10- 22 -52) Sec:- 13 -57: -- Supervision -o €- secondhand - dealerships -by- police- department: The- - superzµi -s-iom - and- - eentre l - -f- - any- - b*s­i�s­s- - knewn- -as - -a- - -' secondhand dealersb4p 2- a4}awed -under -the - apdiwaa eec &- &f-- tfie- city -X1 71- be- strietly- with -the pel4ee- department-a€ V- &- c4ty -efii- persons -des iring 4& -(pen -V ice- -type-e €- business are - hereby- eet4 €4ed- by- - tM-s- -seetion - -V- at i-he -bus inesv&- estab4ishments- shall -be eentrel4ed;- superv4sed- and - under- the- surve444anee- a € - the- pel4ee- department -and that- -the - preper- eenduet --of -- the- -bus­i- nes-s-- is-- er+tmr &t-ed -to- -the - wit- y- -Pei lee department7- kgrd:- 2583- 4;- 10- 22 -52) Sec. 13 -58. Secondhand dealers - jewelry, metals and coins. (a) Definition. "Secondhand dealer - jewelry, metals and coins," means any person, firm or corporation engaging in, conducting, managing, or carrying on the business of buying, selling, or otherwise dealing in secondhand jewelry, precious and semiprecious - stones, metals containing gold or silver, and imitations thereof, watches, rings, bracelets, coins, and other similar goods, wares, and merchandise. This definition includes pawnshops conducting, managing, or carrying on the above described business. (b) Permit required. No person, firm or corporation shall engage in, manage, conduct or carry on the business of a "secondhand dealer - jewelry, metals and coins" without first submitting a written application to the eh4e €- ef-pollee and- tbe- q&yment- -tai° -a -f ee - ef- twenty-- f4.ve- -do-l- T&Y -x -($Z&Aw, , Zoning Department, which application will include the name, home address and birthdate of the person making the application, the names, addresses and birthdates of all persons having an interest in such business, whether it is a sole proprietorship, partnership or corporation, including stockholders and directors, a copy of the last corporate or partnership report furnished the State of Florida, and the names, addresses and birthdates of all employees. That- {tpon-- reeelpt - of- - the -said app 4 4eat ien; - the -pe 14ee - cAviei= -or, 4i-s- Aes4<jnee- may- examiee- afld- i nvest4 gate - same; and - w4th4n- ten -FIG }- days- t4*reof-, X1-1 -# m�- the- aW4,cat4on,- a4eeg- w4th -h4s reeemmendat4ens -te- the - city- fnanager- for- appreval- er- d4sappreval- (c') Change of location. A change of location may be endorsed on a permit by the pe44ee zoning department upon written application by the permittee, accompanied by -a -the prevailing change of location fee ef -ten - dellars- �$14:44}: (d) Record of purchases. Every "secondhand dealer- jewelry, metals and coins" shall keep a record of purchases, which record shall contain: (1) The name and address of each person from whom an item, as described in subsection (a) hereinabove, is purchased, including the signature of the person selling the same, together with said person's driver's license number or other identifying number and the person's ri ht 9 thumbprint. (2) A general description of the item purchased. (3) The estimated quantity of the item purchased. (4) The date of the purchase and the purchase price. (5) The records shall, at all times, be subject to inspection by all law enforcement officers, and shall be preserved for a period of three (3) years after purchase. (6) A copy of the record of each item purchased shall be submitted to the police department within twenty -four (24) hours after the purchase. (e) Holding period. Property acquired in the course of a permittee's business shall be held for a fifteen -day period. This holding period and the thumbprint requirement found in subsection (d)(1) shall apply in all instances, except only to the purchase and sale of gold and silver coins and gold and silver bullion, when the purchase and sale is conducted by a person whose primary business is dealing in gold or silver coins and gold and silver bullion. (f) Hold- order. If a police officer has reasonable grounds to believe that an item acquired by a permittee under this section in the course of his 'business is the subject of a criminal investigation, such police officer may place a hold -order upon such property for a period of ninety (90) days, and upon release of such property, may require the permittee to keep a record of the disposition of such property. It shall be unlawful for any person to dispose of any property contrary to any hold -order issued by a police officer. (g) Violation. No permittee shall clean, alter, repair, or otherwise change the appearance, melt, destroy, sell, export, or otherwise dispose of any item described in subsection (a) hereinabove, obtained in the course of this business until the fifteen -day period described in subsection (e) hereinabove, or the ninety -day period described in subsection (f) hereinabove, have expired. (h) Exception. The provisions of subsections (e) and (g) hereinabove shall not apply to transactions by and between "secondhand dealers - jewelry, metals and coins," where the seller before the sale to another dealer, has complied with all of the provisions of section 13 -58. (i) Requirements are in addition to other code requirements. The requirements of this section are in addition to any other requirements of the Code of Ordinances of the City of -South Miami, such as, but not limited to zoning and occupational license requirements. These requirements are also in addition to all Dlicable state statutes and county ordinances (j) Penalty. Any person who violates any of the provisions of this section shall be subject to punishment, as provided in section 1- 8 of the Code of Ordinances of the City of South Miami. (Ord. No. 1097, 1, 3 -3 -81) GF /sv #12) �i ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 13 -55, PREREQUISITE TO ISSUANCE OF LICENSE TAG; DELETING SECTION 13 -57, SUPERVISION OF SECONDHAND DEALERSHIPS BY POLICE DEPARTMENT; AND AMENDING SUBSECTIONS (b), (c), AND (d) SECTION 13 -58. SECONDHAND DEALERS - JEWELRY, METAL AND COINS OF CHAPTER 13 "LICENSES" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, •PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Moved by Commissioner Cunningham, seconded by Vice -Mayor Young, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing at the next City Commission meeting. City Manager Cox explained that this ordinance is also a 'housekeeping, ordinance. When a review was done by members of the Police Department and the Code Enforcement Division, it was determined that the ordinance improperly identified the Police Department as the issuer of specific licenses. Staff recommends approval. Moved by Mayor Carver, seconded by Commissioner Bass, the ordinance be amended in the second "WHEREAS" delete Occupational License Division and all parts of the Ordinance change "zoning department" to , Building, zoning & Community Development Department ". Motion on amendments passed 5/0: Mayor Carver, yea;-Vice-Mayo young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; Commissioner Cunningham, yea. Motion on ordinance, as amended, passed 5/0: Mayor Carver, yea; Vice -Mayor Young, yea; Commissioner Bass, yea; Commissioner Cooper, yea; COmissioner Cunningham, yea. Excerpted 04104195 Commission Minutes 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION REQUESTING ONE COUNTY,MINI -BUS FOR THE MUNICIPALITY OF SOUTH MIAMI, FLORIDA. WHEREAS, the municipality of South Miami, Florida, needs a mini -bus to continue special transportation service to the elderly; and WHEREAS, Dade County has one surplus mini -bus. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The municipality of South Miami, Florida, requests one surplus County mini -bus ( #108515) for use which will be in the best public interest. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: NEIL CARVER, MAYOR , 1995. City of South Miami Po 1 ice n p100 itterit INTER- OFFICE MEMORANDUM To: MAYOR AND CITY COMMISSION From: EDDIE COX, CITY MANAGER Date: APRIL 11, 1995 Subject: AGENDA ITEM I�. COMM. MTG._04/18/95 RATIFICATION OF PBA CONTRACT The PBA's Law Enforcement Bargaining Unit membership for the City of South Miami has ratified the 1994 -1995 contract. During the 1994 -1995 "non- economic reopener" negotiations, four issues have been agreed upon. Number one: personnel records, number two: Americans with Disability Acts, number three: shifts, re- bidding, and number four: shifts, seniority. I recommend to the City Commission, approval and ratification of the labor agreement. CR /sv 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AS APPROVAL AND RATIFICATION FOR THE CITY COMMISSION THE 1994 -1995 DADE COUNTY PBA /CITY OF SOUTH MIAMI COLLECTIVE BARGAINING AGREEMENT. WHEREAS, the PBA's Law Enforcement Bargaining Unit Membership of the City of South Miami has ratified the contractual terms of 1994 -1995 Collective Bargaining Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to sign as approval and ratification for the commission the 1994 -1995 Collective Bargaining Agreement. Section 2. That this resolution should be effective immediately and after adoption hereof. PASSED AND ADOPTED this day of , 1995. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY sv /forces reso1.pba From: i3 ® C��Y C3 IF S®UTH M=AMD INTER- OFFICE MEMORANDUM Mayor and City Commission Date: April 5, 1995 Eddie Cox City Manager Agenda Item 11-5 Re: Comm. Mtg. 04/18/95 Cable TV Rate Regulation By letter dated December 22, 1994, Cable Satellite advised the City_ that it was adding QVCII,FX, America is Talking, Fox Movie Channel, and Turner Classic Movies to its cable service. Pursuant to the FCC's Going Forward Rules, Cable Satellite is entitled to increase its monthly programming rate by $1.30 to cover the cost of adding these channels. Accordingly, please find a Resolution approving the rate increase. I recommend approval. EC:er Attachment a�mbkrwe 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, PROVIDING FOR CABLE TELEVISION 4 RATE REGULATION INCREASING MAXIMUM PERMITTED RATES FOR 5 BASIC TIER CABLE SERVICES IN THE CITY OF SOUTH MIAMI BY 6 CABLE SATELLITE OF SOUTH MIAMI, INC. 7 8 WHEREAS, the South Miami City Commission is authorized pursuant to Federal 9 Communications Commission ( "FCC ") rules and regulations and Ordinance No. 22 -93 -1548 to 10 regulate rates and charges for basic cable television service and equipment in the City; and 11 WHEREAS, the City Commission finds Cable Satellite's increase of the charges for basic 12 cable service for programming costs as provided for in the FCC's "going forward" regulations 13 as applicable to cable systems that have only one tier, such as, Cable Satellite of South Miami, 14 Inc.'s system, is within the amounts provided for in those regualtions; and 15 WHEREAS, Cable Satellite has added five channels to its system, the operator is 16 permitted to increase its rate in the amount of $1.30, as provided for in the FCC's Sixth Order 17 On Reconsideration in MM Docket No. 92 -266, FCC 94-286 (released November 18, 1994) at 18 reegulation 76.922(e)(3); 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City acknowledges and approves nunc pro tunc to January 1, 1995, the additional rate for Cable Satellite of South Miami, Inc. of $1.30 for programming costs under the FCC's above - referenced "going forward" rules for a current approved basic cable service rate of $25.70. Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY aNOWC.MS day of March, 1995. APPROVED: MAYOR 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO OCCUPATIONAL 4 LICENSE TAKES; DIRECTING THE CITY MANAGER TO APPOINT AN 5 OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION; DIRECTING 6 THE COMMISSION TO RECOMMEND TO THE CITY COMMISSION A 7 CLASSIFICATION SYSTEM AND RATE STRUCTURE; PROVIDING AN 8 EFFECTIVE DATE. 9 WHEREAS, the Florida Legislature enacted Chapter 93 -180, Laws 10 of Florida (1993), enabling local governments to reclassify 11 businesses, professions and occupations and to establish new rate 12 structures, subject to the requirements and limitations contained 13 in the legislation; and, 14 WHEREAS, local governments wishing to establish new 15 occupational classifications and rate structures must establish an 16 equity study commission and appoint its members, each of whom must 17 be a representative of the business community within the local 18 government's jurisdiction; and, 42 19 WHEREAS, the equity study commission must make its 20 recommendations to the local government in a timely manner to 21 enable the local government an opportunity to consider the 22 recommendations and to take action of the subject by October 1, 23 1995; and, 42 city manager on 24 WHEREAS, the City Commission of the City of South Miami 25 desires to delegate to the city manager the responsibility of 26 establishing the equity study commission, appointing its members, 27 subject to ratification by the city commission, and to provide 28 administrative guidance and assistance to.the commission. 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 Section 1. The city manager shall, on behalf of the City 32 Commission of the City of South Miami, establish the City of South 33 Miami Occupational License Equity Study Commission. The commission 34 shall consist of not less than 4 members, and not more than 7 35 members, each of whom shall be a representative of one or more of 36 the business, professions, and occupations located in the city. 37 Section 2. The equity study commission shall study, 38 evaluate and make a preliminary and a final report and 39 recommendations to the city manager regarding a classification 40 system and rate structure for local occupational ]License taxes. 41 The preliminary report and recommendations shall be made to the 42 city manager on or about July 15, 1995. The final report and 43 recommendations shall be made to the city manager not later than 44 August 15, 1995. 14 - 1 Section 3. The equity study commission shall comply with 2 the requirements of Chapter 205, and other applicable requirements 3 of the Florida Statutes relating to occupational license taxes. 4 The commission shall meet in workshops, and in regular meetings, at 5 times to be established by the city manager. A quorum shall 6 consist of a simple majority. A simple majority vote of the 7 members, with a quorum present, shall be required to approve the 8 preliminary and final reports and recommendations. Notice of 9 workshops and regular meetings shall be published as for other 10 boards. An opportunity for public comment shall be provided for 11 prior to the approval of the preliminary and final reports and 12 recommendations. 13 Section 4. The city manager shall provide administrative 14 guidance and assistance to the equity study commission. The city 15 manager shall submit the appointments to the equity study 16 commission for ratification by the city commission not later than 17 May 2, 1995. In the event the equity study commission fails to 18 approve a report and recommendations because of a tie vote or a 19 split vote over different versions of a report and recommendations, 20 the city manager shall assume the responsibility to prepare a 21 report and recommendations. The city manager shall have 22 responsibility for submitting a final report and recommendations to 23 the city commission for its consideration. 24 Section 5. The city commission shall act on a resolution 25 to ratify the appointments by the city manager to the equity study 26 commission, and consider and act upon a final report and 27 recommendations to the city commission for its consideration. 28 Reclassification and rate structure revisions shall be by 29 ordinance. 30 Section 6. This resolution shall take effect immediately 31 upon approval. 32 PASSED AND ADOPTED this day of 33 34 35 36 ATTEST: 37 38 CITY CLERK 39 READ AND APPROVED AS TO FORM: 40 41 CITY ATTORNEY 42 occuptax.res 2 APPROVED: MAYOR 1994 INTER °OFFICE MEMORANDUM To: Eddie Cox Date: Apr. 6, 1995 City Manager From: Sonia Lama, AIA, Building Official Re: Occupational via Dean L. %mms, BZCD Director Licenses BACKGROUND In May of 1993, the Florida Legislature enacted legislation providing local governments the opportunity to restructure their occupational license classifications and tax structures. A summary describing the scope of those changes follows. Chapter 205 Florida Statutes 1993 Summary: 1. By October 1, 1995, any municipality may, by ordinance, reclassify businesses, professions and occupations, and may establish new rate structures; 2. The municipality must establish an equity study commission and appoint its members; 3. Each member of the equity study commission must be a representative of the business community within the local government's jurisdiction; 4. The equity study commission shall recommend to the local government a classification system and rate structure for local occupational license taxes; 5. Their recommendations are transmitted to the local governing body for adoption by majority vote; 6. Total annual revenue generated by the new rate structure may not exceed the sum of the occupational license tax revenue generated by licenses issued for the most recently completed local fiscal year plus 10 percent of that revenue base; 7. Revenue increases attributed to the increases in the number of licenses issued are authorized; 8. Municipalities may, every other year thereafter, increase by ordinance the rates of occupational license taxes by up to 5 percent. occupational Licenses Memorandum Page Two We recommend that the City take advantage of this opportunity by enacting a new occupational license ordinance which is equitable and compatible with permitted uses listed in the City's Land Development Code. A suggested timetable for such enactment follows. t' April 18, 1995 - City Commission appoints the members of the equity study commission. We recommend a maximum of four members; April 20, 1995 - The equity study commission meets to establish a method of operation and to schedule subsequent meetings; July 3, 1995 - The equity study commission submits a recommendation in the form of a proposed occupational license ordinance to the City Manager's office; July 18, 1995 - Proposed ordinance is brought before the City Commission for first reading; August 1, 1995 - Proposed ordinance is brought before the City Commission for second and final reading. The City Commission may adopt the proposed ordinance by majority vote; August 7, 1995 - The Finance Department sends out occupational license renewal notices for FY 95/96. SL /ds cc: Hakeem Oshikoya Finance Director 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPLICATION FOR 4 LOAN FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING 5 COMMISSION; AUTHORIZING THE CITY MANAGER TO APPLY FOR AND 6 TO NEGOTIATE THE TERMS AND CONDITIONS FOR A LOAN; 7 REQUIRING THE CITY COMMISSION TO APPROVE THE LOAN BEFORE 8 OBLIGATING THE CITY ON ANY INDEBTEDNESS; PROVIDING AN 9 EFFECTIVE DATE. 10 WHEREAS, the South Miami City Commission is considering 11 establishing and funding capital improvements for revitalizing the 12 downtown retail district; and, 13 WHEREAS, the city commission is further considering making 14 improvements to the downtown retail district in the nature of 15 constructing and reconstructing, among other things, streets, 16 sidewalks, drainage, landscaping and lighting, and placing 17 utilities underground; and, 18 WHEREAS, various governmental units of the State of Florida 19 created the Sunshine State Governmental Financing Commission 20 pursuant to an Interlocal Agreement under Chapter 163, Florida 21 Statutes for the purpose of issuing bonds to fund loans to member 22 municipalities for qualifying projects; and, 23 WHEREAS, the Commission created a program for issuing Sunshine 24 State Governmental Financing Commission Commercial Paper Revenue 25 Notes; and, 26 WHEREAS, the city commission desires the city manager to apply 27 for and negotiate the terms and conditions of a loan from the 28 Sunshine State Governmental Financing Commission to fund 29 improvements to the downtown retail district; and, 30 WHEREAS, the city commission conducted a public workshop on 31 April 11, 1995 and a public hearing on April 18, 1995 at which 32 interested persons were given an opportunity to comment on the 33 financing of the project. 34 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 Section 1. The city manager is authorized to apply for and 37 to negotiate the terms and conditions of a loan from the Sunshine 38 State Governmental Financing Commission for an amount not to exceed 39 * *$1010001000.00 * *. /6-,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Section 2. Further action shall be required by the city commission to authorize approval of a Sunshine State Governmental Financing Commission Commercial Paper Revenue Note before obligating the city on any indebtedness. Section 3. Funds received by the city under the note shall be used for the qualifying projects generally described in Exhibit 1, which is annexed and made a part of this resolution. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Sunfund.res 2 day of , 1994 APPROVED: MAYOR 2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANNEXATION; 4 INITIATING BOUNDARY CHANGE PROCEDURES PURSUANT TO SECTION 5 20 -3, METROPOLITAN -DADE COUNTY CODE; PROVIDING AN 6 EFFECTIVE DATE. 7 WHEREAS, the City of South Miami has been contacted by 8 residents in areas adjacent to the city who have expressed an 9 interest in annexing their communities into the city; and, 10 WHEREAS, the City of South Miami commission directed the city 11 manager to evaluate the feasibility of annexing certain communities 12 into the city; and, 13 WHEREAS, the city manager presented the City of South Miami 14 Annexation Information report, dated March 21, 1995 to the city 15 commission which identified and provided a preliminary annexation 16 feasibility evaluation of eight communities (designated as areas A 17 through H); and, 18 WHEREAS, the City of South Miami commission, at its regular 19 commission meeting on March 21, 1995, selected the communities 20 designated as areas A through D for further evaluation and directed 21 the city manager to give notice to all property owners within the 22 areas, and within 600 feet of the boundaries 'of the areas, 23 according to the current tax assessment role, of a public workshop 24 on April 13, 1995 and a public hearing on April 18, 1995 on a 25 resolution to initiate one or more boundary changes; and, 26 WHEREAS, a notice of hearing on a resolution to initiate one 27 or more boundary changes was mailed to all property owners within 28 the areas identified as areas A through D, and within 600 feet of 29 the boundaries of the areas, according to the current tax 30 assessment role, in accordance with Section 20 -3, Metropolitan -Dade 31 County Code, and notice was further published in Miami Herald on 32 April 8, 1995. 33 WHEREAS, maps identifying the areas designated as A through D, 34 the notice, proof of mailing the notice, and proof of publication 35 of the notice are annexed and made a part of this resolution as 36 composite Exhibit 1; and, 37 WHEREAS, the City of South Miami commission conducted a public 38 workshop on April 13, 1995 and a public hearing on April 18, 1995; 39 and, 40 WHEREAS, after considering all of the responses from residents 41 of the city and from non - residents who live in the areas identified 42 as A through D. and the reports of the city manager, the City of 43 South Miami commission determines that it is in the best interests 44 of its residents and the residents in the areas identified in 45 paragraph 2 of this resolution to initiate a boundary change. AV 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 Section 1. The Whereas clauses are true, correct, and they 4 are incorporated and made a part of this resolution. 5 Section 2. The City Commission of the City of South Miami 6 requests the County Commission of Metropolitan -Dade County to 7 change the city's boundaries and to annex the areas described in 8 the maps of areas A through D into the City of South Miami, 9 pursuant to the procedures in Section 20 -1, et seq., of the 10 Metropolitan -Dade County Code. 11 Section 3. The City Commission of the City of South Miami 12 specifically requests the Clerk of the County Commission, upon 13 receipt of the City of South Miami's request for boundary change, 14 to place the matter on the agenda of the next ensuing regular 15 meeting of the county commission and to notify the city manager of 16 the date on which the matter will be considered by the county 17 commission. 18 Section 4. The city manager shall prepare the request for 19 boundary change in accordance with Section 20 -3 and 20 -4 of the 20 Metropolitan -Dade County Code and file the application with the 21 Clerk of the County Commission forthwith. 22 Section 5. The city manager shall be the city's 23 administrative representative in proceedings before the county 24 commission, the County Planning Advisory Board and in 25 communications with the county manager and other county officials. 26 Section 6. This resolution shall take effect immediately 27 upon approval. 28 PASSED AND ADOPTED this day of , 1994 29 APPROVED: 30 31 MAYOR 32 ATTEST: 33 34 CITY CLERK 35 READ AND APPROVED AS TO FORM: 36 37 CITY ATTORNEY 38 annex.res 2 Exhibit 1 04,'14,'9.3 1.0:40 '`6714303 au AA"Pi"l _.`u zhurch. W4.. The two stopped drugs from entering the dousiy dam- country on several occasions, Dean said- v. The thing 'We apprehended quite a bit of sowers." sing the pho- Bankston also moonlighted with his owa ankston box- mobile shoe repair business and was af ec- ,:. ,. ;. _fianately .called. "the.Shoeman.''... 6;i st.4Rail `_` : After he retired in �I981. Rhodriquea said;; before join- Bankston opened a shoe repair shop at Rich- ? ,as one of "the mond Heights Shopping Center. - the federal In addition to his wife, Bankston is sur- _'hend David vived by his four children, Clarence Jr.. Customs for Vanya Bankston Asbury, Basil, and Gladys; brother Gilbert Fatreil and sister Ruth Far- " Dean said m& both of Atlanta, uncle Urias and aunt, others ahead Nora McPhee one granddaughter; and sev= ;rub." eral nieces. nephews and. cousins. Internarionas A rosary service burns at 7:30 p.at. Sun - :dons, check day at Christ the King Catholic Church, owed to work. 15000 SW 112th Ave. A funeral service at the se ships and church begins at i 1 a.ru.'Monday. metery. Rmerside Gordon North zch Ch4j*L s. Fmr=zco. 70. of Miami. Psi- fees, Rrnerana NacicnaL Jose Ramon. 65. o €Miami_ Sen. a hei(L Faweso WestchestEs ' icme. ,Sarah Purdy. 5f3 of MiarnL Set 5 p.rn. today f32 at i Hosvitai :Ian Orsd* KeneW C MPeL i, Ben. 81, of Miami, died March ;Des i 1 am today. Morningstar hurO Barrett- Ayar Thampkks pane. sga, Ines. 79. of Miami. Services ;day. ElaglerMemorial Park. Riv- zi Funeral Home. 'a. DOM" L. of 003-10cim dd Services 1 p.m. today. TwAcr ton Mortuary. ey, AonnaJeart. 61. dled Thum - vices 11 a.sn. Monday, Van orsdel ami Chapel. �y Jesse formerly of KWaah. Set 30 pm Monday, LOrre4tanks Lana (kola. 82 Of Miami Shores, dnesday_ Services 1 pm today, 3 Cofer Miarili Shores F61 -AW21 4utnern Memorial Park .ten. James Jr.. 41, of Miami. for- : Miramar. died March 31. Services achy. Miramar Church of God. rttet'S Miramartfome. •. 'rsm Amanda, 7% of Coconut 3ervfces W trm today. Cbcariz- hapel Flange Funeral Horne- 4 Carlos. 6Z died Wednesday. in Alain.. Ohio. e, Peadine Rolle. 48, of Coconut lervices 1 prn. today. Flange as, Wirm 36, of Miami. Services 2 ay, Mount Carmel Sap= Ghur ckL uneral Home. iL Helen. SB. of Miami. died �dav Visitaffon 3 to 6 p.m. Sunday. S. Gofer Funeral Home. Mass 10 nday. SL Rc se Of Lima Ca thoffo Southern Memonat Park s. Guillermina. 61. Services 10 Jay. Our Lady c Mercy Cameteny Aernoriai Fungi. -1 Horne. t &afeidL #r, James Edward "Sonny." 52 of lied March 31. Services were hei4. ;dal Furterai Home. ara,JOSeph Victor. 71. of Hfaleah� urSday. Service 10 a_r L today. Our ' the Lakes Catthofc Church. vista Home. John A. Services in Now Jersey_ . Veimein Beth David Memorial a.m. today. St. Tmx ttryCburch.,R -nvera Fu rldral Horne. weWhester_ ` Yana, Marcefta Knnnea . 73, of Mi3rrd, _ died Wednesday. Services 1 qan. today...` St. Jahn Neumann CathoQCChurcA Van amid KendaitChapet. r Washiegtoa, Bessie M., 61, of Miami. Services now today. Royal Funeral Cha- WwMi& 9tee. Gen auf W_ 3M of M'rarr& Services 11 am. today. SL JamesAME Church. Range Funeral Hmum Sarvices 1-513 today. Kefean Pr.� e Church of Mlamf. Caballero Woodk= Kendall Funeral Home• Wbr^ David S.. 40. of Ferrtne, c5ed Ma[cth 31. Servim 11 a.m. today, Mantle Memorial AMECfuuch. Barrett- Fryar- Thmnpicuhs Friend Fiorrm white.Hemet R. died Friday. Senm= hn New York. Rsvwszda Merno id QVpel. Ani terdam Ave, KY. Wig, General W SM of Mfhan L Ser'v 011 aaL today, St. Jame5AME Chwah; Range FunerW Hume. VlWh +Js.�C.h�arlle,.s,.Wesley. 48. of HoerMead.Serima11earn:today, . Range Hornesteed RUXIV Q=*L zurA li. FSnny lW% of MW* beach, died Thursday. Services 10 2-m Sunday. Vista Memorial Park Aivemide-Gotdon Fumal Homy A MEWNERE itirarrdet. Thomas. 49. a computerwNe who helped shape the development at onivne media: in Stanford. Calif.. of lung cancer. Mandel. a Self- procisimed cyber holitw played a key mlein moving Time, Forbore. People and Sports I lustated onto the commercim airline serviom Rk*haea*v, Floe. 43. who won a Tony Award in 1985 for his pEr— st, r!C iii the rnUSoai,619 Rirwr. 7heAdvtarr- trlrWofHrratkle- benyFrnrr, in Brommille. N.Y Of AIDS compficar tiong. Hewas praised for his per- iormarm of the runawayslavo Jim in the Broadway adaptation of Mark Twain's Hucke- 6ervAn,t He won nhpcsouth 7f l-5 001 ~ANNEXATION PROPOSAL MEETING The City of South Miami will hold a public workshop and public forum on Thursday, April 13,1995, begin- ning at 7:30 P.M. in the City Commission Chambers at South Miami City_ Hats, 6130 Sunset Drive; South `!Z aitii•, Rdrida, 33143, 3o discuss proposed annexa- tion of areas as depicted in the. map below. Residents in the proposed ' !° annexation areas and residents of the City of r South Miami are !nutted to give their input regarding � ..,t#te'pmposedannezation. - '-_:... a 1 For #ulher•_ipfgrmation ' w ' please call the :offfce of the City Manager at 663 -6338. n , 1I . M �s • t:s,e. ,ts r-tv. s SOUTH � + [ettAMr 1 l ow ,i PusLIC HEARI iuG HISTORIC I' IC PRESERVA [ON BOARD it River inh , `i. . 118 SW South River drive, Miami, Florida The Board will hold public heartngs on: 1. Re- designation of Rediand Historic District Encompassing f=ruit & 801ce Park, and 24800, 24830, 24850, 24890 and 25000 SW 187tH Avenue 2. The Board will also review Ad Valorem Tax Credit Applications based on proposed improvements to renovate: 1327 North Greemvay Drive Coral Gables, Florida 3110 Segovia zb eet r oral.Gables, Morlda 3. Re- hearing for Certiftcaie of Appropriateness for Demolition of Stonegate 7400 Ponce de !_eon Road r+- .a:.�....a......F �.,.......��s_..,,..., r... t:soFsah�i'sfatinR work HF'R 14 "?c 1�1'34 ALL IP'1 i:)ME f�1t�IL SH�V�P ?GS^c1;,51,� --------------------------------------------- hid Mai ' n 9 v'�Lf1 `1�Lm•i C) I- ElrPCancctieCl rrSn6P "?:`� '4vmrni ;J: Meter PontaUr it d a =ten" a J 1 - B1.111' Tl Class mail Uotr Procvt!5inq Category j USPS AutnorlZeo mn L)rig iL, coons, Fi ?, 33!ini) I 04 -05'35 tDMM 128) (X) Letter_: Narm +t NG Cd Aoency cost GGOe Matting Stat, Seq. ( ) FLats '5$03 1970 j ( ) Auto.COmp. F.ata Macninanle Parcels! Permit "Loer';l Jelepnone Numder Receipt Nc. ( i )rreguLar Parcels name s Address " } t ) Outside Parcrt5 A-°1 DIRECT AIL X2'601 SW 130 ST. MIAMI, FL 33186 i I I AUtn. to use nonprofit rate? (DMM 625)* 7 Yes SX) No Name and Acores., Organization for INCORPORAT CITY OF SO Autn. to use ) Yes indivioual or ich Mailing is prepared 1TH MIAMI lofit rates? Comm 625)* ;(X) No No.SdCks N0.7rays} No.PdLLetsl No.Qther I I weight of a single Piece 0 , 0320 pounds Total Pc in Mailing TotaL Mt in Mailing SacKtng Based on (DMM 641) 5827 185.464 I (x) 125 pcs. ( ) 15 lbs. t ) Both Name and Address of Mailing Agent* (If other tnan the permit holder) ALL IN ONE MAIL SHOP 12601 SW 130TH STREET MIAMI, FL 33185 For Dulk mailingsfoi automation- compatible Letter -size pieces (see DMM 521), go to mart A on the reverse of this form. I { for buck mailings Jof non - automation coapatiola tester -size pieces (see DMM 128.2) 4eigning .2067 lbs. (3.3071 oz.) or lass, go to Part B. an the reverse of this fora. For bulk mailings of non - letter size pieces (see DMM 128.2) weighing .2067 lbs. (3.3 71 oz -) or less, go to Part C on the reverse of this f For bulk mai0ngs of- all pieces (see DMM128) weighing more than .2067 lbs. (3 -30'11 oz.) but less than 1.0 Lis (16 oz.) go to Part D on the reverse of this form. Additional Postago payment Postage (From Reverse side) Check Att That Apply ,CUSPS':oniyc) . ( ) 'Ltntrat.ized •Post Paywent. 'Plant shaded 'to C )..P.tant uerif.. 'Driap •Shi nt:<rc .. . :{ :) :�lAL)' .Entry • >at { : } -'Orig. (.) - De4t..A /0 ZiP_...: »..® ,( ')::�r.3g. '( "3 <Dest.Si:F�D •ZIP Part A Is Part B 1$ 757.510 Part C 1$ Part D No, Pieces Rate /Piece $ Q.A00 Postage Affixed a (X) Correct Rate ( ) Lowest Rate <) Neither MR 661 -324 TOTAL POSTAGE 757.51 " CERTIFICATION * The signature of a mailer certifies that (1) the mailing does not violate DMM6225 (2) only the Mailers matter is being ilea (3) this is not a cooperative mailing with other persons or organizations that are not authorized to mail at special lk 3rd class rates at this office (4) this mailing naz not been undertaken by the mailer on behalf of or producer! for anot er person or organization not authorized to mail at special bulk 3rd class rates at this office; and (S) it wilt be Liabl for and agrees to pay, subject to appeals prescribed by postal, taws & regulations,any revenue deficencies assessed on this iling,whetber due to a finding that the mailing is cooperative or for other reasons. (If this form is signed by an ag the agent certifies that it is authorized to sign this statement & that the certification binds the agent and the nonprofi mailer, and both the nonprofit mailer and agent will be Liable for and will agree to pay any deficiencies). *** The submissti of a false, fictitious or fraudulent statement may result in imprisonment of up to 5 years and a fine of up to 310,000 (1 USC 10013. In addition, a civil penalty of up to 55,000 and an additional assessment of twice the amount faisety claimed y be imposed (31 USC 3802). * ** I hereby certify that all information furnished an this form is accurate and truthful, an that this material presented qualifies for the races of postage claimed. Signature of Per it Holder or Agent (Both principet apd• agent ar bLe for any postage deficiency elephone Numvcr r incurred) 505- •251-'3187 �.,.+..r it'41ks�i$R�ert•S eilLr as' tr��RS i ...:er�wJ..:H -- ':'. ':: ^. ... .. .:: ^. "'L r.e�.1.::JA�. . . .. .......:.." : >. .:. ., :'. . '•Si:a>tt.,��f:•eirr..��+ .... .. . .:.. ...._ ... ..... ... ,. _ _ tq n:•' .. ... ... .. ,.. aF oil g,.''efnd ) :;prlyaR7Yi "a5f CS : S3pnature <of'�tita3;gh�ar is3rf+ct ::C�seesaary)tarinwai fee ' ; "i`701e - — FACSIMILE — P!1 1970 Non - Automation Comparin(e Letter - .2067 L4. (d.3071 1.2085 Lb. (3.3383 o:.) or less Tor nonprofit) Entry Discount presort Net Count (If Any) Discounts Kate CP45{4-n6) Cnargr None Saturation W/S 0.000 x 0 pCSaS 0,000 Carrier Route 0.000 x 0 pcs =S 0.000 3I5-Digit Presort 0.000 x 0 pcs =5 0.000 Basic 0.000 x 0 pcs =s 0.000 SCF Entry Saturation kfS 0.000 x 0 pcs =$ 0,000 Carrier Route 0.130 x 5827 pcs =S 757.510 3J5 -Digit Presort O.Ow x 0 pcs =S 0.000 Basic 0.000 x 0 pcs =5 0.000 Total - Part 8 (Carry to front or form) S 757.510 141Vt3 `s C-- T JT,;L • P, 1Y,A� -j's r ��7• -��iu. i , . :._.,'t PAYMENT POLICY A deposit of 5q°!e is required at time of acceptance of this invoice_ aalance due ors completion unless other terms are stipufated ©ut -of- pocket expenses (such ag postage) must be paid in advance. If extension of credit is requested and al=Mved. payment due, on a net Cash basis, witnin 20 days after date of invoice. late payments will incur a charge at $18.00 Per month. Any a unt with a past due baianca will be sold on a cash stasis only. This invoice is governed by the laws of the State of Florida. in t event there are disputes necessitating litigation over the terms and conditions of this invoice, the prevaiUng Party will recover is bie attorney's fees, cost of suit, and interest on any debt found to be outstanding. Invoice and payme4t terms accepted: COMPANY NAME AtJTFlOfiIZEO jLi .� y�� 1• _fiE t °i�IL H_,r _ In. Targeted lists Database Management * Personalized Letters * Complete Mailing Service%. , 12601-8 Southwest 130 Street, * Miami, Florida 33186 * (335) 233 -6103 * Fax (305) 251 -8518 INVOICE DATE: Ai 10111® ft a.na. Ptorria ty of South 'Mami, GRL -0 NU MO.* (X:A')19'70 6 0 Sunset Drivel, t]M�:R ATE: 3i ��l.a S th Miami P. a' Y43 � ::US'flrt•'.�R t,iQ: r?'OC_1ff2 -- I CUST0HFR P .:� t �RLE�E.9`51vI+R� �tt,�! i:� Jacoby R�: LIST RiwAi' AL OAC-Es t %LIST QTY. 5A27. . Z'20. 49 - From Dare Czunty Tax Rolls area described in map t abou.: ,700' - Singie -- and futltl- family homeowners Seieczea ZIP wanesti ::na Carrier Raute Sorts - Case: $50/M ,rC,L.'lpI a `R W 1 1. - Frintc:44 -3f maws+ by Inser'° into :*tt) err►picoen ,meter- nk3et ClTb. ".i2. .1&C, Lna 'ha f3i iL Sul;: 7 Cz/-; ^ , J -1 141Vt3 `s C-- T JT,;L • P, 1Y,A� -j's r ��7• -��iu. i , . :._.,'t PAYMENT POLICY A deposit of 5q°!e is required at time of acceptance of this invoice_ aalance due ors completion unless other terms are stipufated ©ut -of- pocket expenses (such ag postage) must be paid in advance. If extension of credit is requested and al=Mved. payment due, on a net Cash basis, witnin 20 days after date of invoice. late payments will incur a charge at $18.00 Per month. Any a unt with a past due baianca will be sold on a cash stasis only. This invoice is governed by the laws of the State of Florida. in t event there are disputes necessitating litigation over the terms and conditions of this invoice, the prevaiUng Party will recover is bie attorney's fees, cost of suit, and interest on any debt found to be outstanding. Invoice and payme4t terms accepted: COMPANY NAME AtJTFlOfiIZEO