08-15-95g
�YJ
Mayor: Neil Carver
Vice Mayor: R. Paul Young
Commissioner: Ann B. Bass
Commissioner: Thomas Todd Cooper
Commissioner: Tom Cunningham
CITY COMNIISSION AGENDA
Regular City Commission Meeting
Meeting date: August 15, 1995 6130 Sunset Drive, So. Miami, FL
Next Meeting date: September 5, 1995 Phone: (305) 663 -6340
Time: 7:30 P.M.
PURSUANT TO FLA STAT. 286.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A
PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL
NEED A RECORD OF THE PROCEEDINGS, AND -THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT 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:
C. Presentations:
1. Police Department
Officers of the Month:
Meritorious Serv. Awards:
Officer Mario Diaz
Officer John Barzola
Sergeant Bill Fatool
Detective Mark Masonis
Officer Michael D'Ange
Officer Armando Garcia
Officer Norma Waterman
April 1995
May, 1995
June 1995
June 1995
to
ITEMS FOR COMMISSION'S CONSIDERATION:
2. Approval of Minutes - August 1, 1995
3. City Manager's Report
4. City Attorney's Report
CONSENT AGENDA
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida re- appointing Commissioner Tom Cunningham
as Commission Liaison to the Dade League of Cities, Inc.
(Mayor Carver) 3/5
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida rescinding Resolution No. 126 -95 -9675
(Administration /Finance Dept.) 3/5
7. A Resolution of the Mayor and City Commission of the City of
T South Miami, Florida authorizing the expenditure by the
Administration of a sum not to exceed $1,524.12 for payment of
services rendered by Municipal Code Corporation for updating
the Land Development Code and providing for disbursement from
Account No. 1610 -3450 "Contractual Services."
(Administration) 3/5
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to sign the
engagement letter received from Sharpton, Brunson & Company,
P.A. Certified Public Accountants, to provide Independent
Audit Services for Fiscal Year ending September 30, 1995.
(Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
up to the sum of $14,924.00, for the purchase of diagnostic
equipment for use by the Public Works Department and charging
the disbursement to Account No. 1760 -6430 "Operating
Equipment ", Diagnostic Equipment.
(Administration /Public Works Dept.) 3/5
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $1,295.00 Metro -Dade K -9 Services. This represents
the purchase of an E -Z Rider K -9 container. This sum will be
charged to 08- 1910 -6430 (Forfeiture Funds).
(Administration /Police Department) 3/5
Agenda August 15, 1995 2
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $6,500 to Metro -Dade K -9 Services. This represents
the purchase of a fully- trained dual purpose/ Narcotic Trained
Dog. This sum will be charged to 08 -1910 -6430 (Forfeiture
Funds).
(Administration /Police Department) 3/5
ORDINANCES) SECOND READING AND PUBLIC HEARING
12. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida creating Chapter 12A of the Code of the
City of South Miami, to be entitled "City of South Miami
Health Facilities Authority "; establishing the City of South
Miami Health Facilities Authority; finding and declaring need
for the authority; providing definitions; designating
membership; providing responsibilities and powers; providing
for the financing and construction of health facilities;
providing for the issuance of revenue bonds and refunding
bonds; providing tax exemption; providing severability; and
providing related matters and an effective date.
(1st Reading 8/1/95)
(Administration) 4/5
13. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending Section 13 -24 of the City's Code
of Ordinances, in order to provide for codification of a
revised "Schedule of License Taxes" pursuant to Section 205 of
Florida Statutes and the recommendations of the citizen's"
"Equity Study Commission "; providing for severability:
providing for ordinances in conflict; and providing an
effective date. (1st Reading 7/25/95)
(Administration) 4/5
RESOLUTIONS) FOR PUBLIC HEARING
(There are none)
RESOLUTIONS)
14. A Resolution of the Mayor and the City Commission of the City
of South Miami, Florida, approving a settlement agreement with
Cable Satellite of South Miami, Inc.; authorizing the City
Manager to execute the settlement agreement; providing an
effective date.
(Administration) 4/5
Agenda August 15, 1995 3
ORDINANCES) - FIRST READING
15. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, creating an Historic Preservation Board;
providing for amending parts of the Land Development Code in
conflict; providing for severability; providing for ordinances
in conflict; and providing an effective date.
(Administration) 4/5
16. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, creating Chapter 8 of the Code of
Ordinance, to be entitled Cable. Television Regulations;
declaring intent and purpose; providing for definitions,
license requirements and provisions, application fee, notice
and hearing, term of license, service areas, license renewal
and transfer, authority of City Manager, liability,
indemnification, insurance, bonds, cable system construction
requirements, use of easements and streets, work in right -of-
way, signal standards, technical standards, emergency override
facilities, service to public buildings, public, educational
and government access channels, interconnection of cable
systems, records and reporting, reports, audit, consumer
protection, consumer service requirements, rates and rate
regulation, prohibiting discriminatory practices, violation by
theft, vandalism and tampering, prima facia evidence,
confiscation, punishment, performance evaluation, enforcement,
penalties, further remedies, termination of license, removal,
restoration, appeal and city's right to intervene in
proceedings, and related matters; providing for severability;
providing for ordinances in conflict; and providing an
effective date.
(Administration) 4/5
17. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, granting Cable Satelite of South Miami,
Inc. renewal of a non - exclusive cable television license;
granting a non - exclusive license and priority service area;
granting certain rights and privileges within the service
area; providing terms and conditions of the renewal license;
providing for severability; providing for ordinances in
conflict; and providing an effective date.
(Administration) 4/5
Agenda August 15, 1995 4
18. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to execute
a for -year master governmental equipment Lease agreement with
Barnett Bank, with a renewal option for an additional year at
expiration of the base term, in an amount not to exceed
$275,000 for purchase of computer equipment for the Finance
and Building and Zoning Departments.
(Administration) 3/5
PUBLIC REMARKS
COMMISSION REMARKS
Agenda August 15, 1995 5
REGULAR CITY COMMISSION MINUTES
CITY OF SOUTH MIAMI
AUGUST 1, 1995
1 ROLL CALL:
2 The City Commission of the City of South Miami, Florida met in
3 regular session on Tuesday, August 1, 1995 at 7:32 p.m., in the
4 City Commission Chambers, 6130 Sunset Drive. The following members
5 of the City Commission were present: Mayor Neil Carver, Vice Mayor
6 R. Paul Young, Commissioner Ann B. Bass, Commissioner Thomas Todd
7 Cooper and Commissioner Tom Cunningham.
8 Also in attendance were: City Manager Eddie Cox, City
9 Attorney Earl G. Gallop, Interim City Clerk Ronetta Taylor, Finance
10 Director Hakeem Oshikoya, and Building, Zoning and Community
11 Development Director Dean Mimms.
12 A. Invocation:
13 The Invocation was delivered by Commissioner Cunningham.
14 B. Pledge of Allegiance:
15 The Pledge of Allegiance was recited in unison.
16 C. Presentation(s):
17 There were none.
18 ITEMS FOR COMMISSION'S CONSIDERATION:
19 1. Approval of Minutes - July 25, 1995
20 Moved by Commissioner Cooper, seconded by Commissioner
21 Cunningham to approve the minutes.
22 There being no discussion, the motion passed by a 5 -0 vote.
23 Commissioner Cooper: Yea
24 Commissioner Bass: Yea
25 Commissioner Cunningham: Yea
26 Vice Mayor Young: Yea
27 Mayor Carver: Yea
1
1 2. City Manager's Report:
2 Manager Cox made comments about the City of South Miami's
3 Police Department "Crack Attack" program. He informed the
4 Commission that this activity was well received by the
5 neighborhoods.
6 Manager Cox further asked for authorization to allow him to
7 enter into a 15 -20 year Inter -local agreement with Metro -Dade
8 County for trash disposal. He advised the Commission that there
9 will be some potential savings in the tipping fees if this document
10 is signed before August 15th. He emphasized that with the
11 Commission's approval he'd have this document reviewed by City
12 Attorney for his recommendation.
13 Mayor Carver asked if the City Commission had any objections
14 to this request.
15 Commissioner Bass inquired as to whether or not the actual
16 dollar amount reduction in the tipping fees is mentioned.
17 Manager Cox replied, not specifically.
18 Vice Mayor Young asked about the comparison of tipping fees
19 between Broward County and other related areas.
20 Manager Cox related that he has examined several options. He
21 informed the Commission that there is a private company in the area
22 that has offered the City substantial savings, with certain
23 contingencies.
24 Manager Cox advised the Commission that in his opinion the
25 inter -local agreement with Metro -Dade County is the best
26 alternative. He further emphasized to Commissioner Bass that if he
27 was being evasive about the tipping fees, this was done
28 intentionally.
29 Moved by Commissioner Cunningham to give the City Manager the
30 authorization to move forward with the inter -local agreement. This
31 motion was seconded by Vice Mayor Young.
32 Mayor Carver conveyed his support. He further related that
33 he's had an opportunity to discuss this issue with the City
34 Manager. He expressed his understanding of why the City Manager
35 was not discussing the details of this transaction at tonight's
36 meeting.
37 Mayor Carver declared his confidence in this particular
38 undertaking. He further encouraged any member of the City
Regular City Commission Minutes
August 1, 1995
2
1 Commission who was not comfortable with this issue to meet with the
2 City Manager for further clarification.
3 Manager Cox informed Commissioner Bass that he would give her
4 further explanation regarding this issue after tonight's meeting.
5 Upon the conclusion of this discussion, there were no
6 objections from the City Commission regarding the authorization for
7 the City Manager to execute the Inter -local Agreement with Metro -
8 Dade County.
9
10 3. City Attorney's Report:
11 Attorney Gallop reported on certain legal actions in
12 connection with the Bakery Centre. He advised the Commission that
13 he had executed the "Voluntary Dismissal" which will be executed by
14 all parties involved and filed with the City Clerk when this
15 transaction closed. He anticipates an August 15th closing date.
16 Mayor Carver commented that several interested parties had
17 made inquiry concerning the status of the Bakery Centr. He
18 expressed his opinion that because of the monies involved he saw no
19 reason why the project would not commence immediately after the
20 closing on August 15th.
21 Attorney Gallop related that the Bakery Centre has eighteen
22 (18) months in which to get its Certificate of Occupancy.
23 Commissioner Bass asked for an update on the annexation
24 process.
25 Manager Cox advised Commissioner Bass that he would be
26 providing to the Commission a report on the new area for
27 consideration between Miller Road and Sunset Drive to 87th Avenue;
28 Miller Road to Bird Road, and East of the Palmetto Expressway.
29 Manager Cox further informed the Commission that the City had
30 received a majority of the financial data on this area. He advised
31 that information regarding this project would be on either the
32 August 15th or September 5th Agenda.
33 Manager Cox conveyed to the Commission that he's not heard
34 from Metro Dade County's Planning department regarding the City's
35 pending application for annexation.
36 Manager Cox said attempts were made to reach the Planning
37 Department regarding this application, however to no avail.
Regular City Commission Minutes
August 1, 1995
3
1 Commissioner Bass related that she was approached by several
2 non - residents who are eager to be annexed to the City of South
3 Miami. She asked if it would be appropriate for these individuals
4 to contact Metro Dade County regarding this issue.
5 Manager Cox encouraged this type of involvement from
6 interested parties. He further mentioned that he too has received
7 numerous calls regarding this project.
8
Manager Cox told the Commission that during the
last
9
Commission
meeting his Assistant Mrs. Morris and Police
Chief
10
Hernandez
attended a joint homeowners meeting with residents
from
11
Lake Edge,
Lake Ridge and Bridgeport. He related that his
staff
12
was quite
encouraged by the overwhelming interest shown by
this
13
gathering.
14 Commissioner Bass asked if this was one of the areas already
15 purposed by the City for annexation.
16 Manager Cox informed the Commission that this is an entirely
17 new application. He further related that when inquiries were
18 received concerning the annexation process, he's encouraged
19 individuals to contact their Commission representative at Metro -
20 Dade County in order to persuade the setting of an election date
21 for this purpose.
22 Mayor Carver remarked that even though there is opposition
23 from some individuals involving annexation, this select group by no
24 means represents the citizenry interested in annexing with the City
25 of South Miami. He said the overwhelming interest shown by a
26 majority of the area's quality communities has been tremendous.
27 CONSENT AGENDA
28 4. Resolution No. 121 -95 -9670
29 A Resolution of the Mayor and City Commission of the City
30 of South Miami, Florida authorizing a landscape project at
31 Brewer Park for a.total price not to exceed $1,927.75 by the
32 Parks and Recreation Department and providing for disbursement
33 from the Parks and Recreation Department Account No. 2000 -6430
34 "Equipment- operating."
35 5. Resolution No. 122 -95 -9671
36 A Resolution of the Mayor and City Commission of the City
37 of South Miami, Florida authorizing the removal of 47
38 Australian Pine Trees and Suckers at Brewer Park for a
39 total price not to exceed $4,875.00 by the Parks & Recreation
40 Department Account No. 2000 -6430 "Equipment- Operating."
Regular City Commission Minutes
August 1, 1995
0
1 6. Resolution No. 123 -95 -9672
2 A Resolution of the Mayor and City Commission of the City
3 of South Miami, Florida authorizing the renovation of two (2)
4 Tennis Courts at Brewer Park for a total price not to exceed
5 $12,900.00 by the Parks & Recreation Department and providing
6 for disbursement from the Parks and Recreation Department
7 Account No. 2000 -6430 "Equipment- operating."
8 7. Resolution No. 124 -95 -9673
9 A Resolution of the Mayor and City Commission of the City
10 of South Miami, Florida authorizing the disbursement of
11 $1,442.00 to Miami -Dade Community College as Police Training
12 Fees for Trainee Kathleen T. Sorensen and charging the
13 disbursement to Account No. 01- 0261.100 "Reserve Police
14 Education."
15 8. Resolution No. 125 -95 -9674
16 A Resolution of the Mayor and City Commission of the City
17 of South Miami, Florida authorizing the City Administration to
18 submit to the Florida Department of Community Affairs
19 contracted items of the Evaluation and Appraisal Report.
20 Moved by Commissioner Bass, seconded by Vice Mayor Young to
21 approve the Consent Agenda as read, with the City Clerk assigning
22 the next available numbers.
23 There being no discussion, the motion passed by a 5 -0 vote.
24 Commissioner Bass: Yea
25 Vice Mayor Young: Yea
26 Commissioner Cunningham: Yea
27 Commissioner Cooper: Yea
28 Mayor Carver: Yea
29
30 ORDINANCES) SECOND READING AND PUBLIC HEARINGS)
31 9. Ordinance No. 10 -95 -1583
32 An Ordinance of the Mayor and City Commission of the City of
33 South Miami, Florida amending Ordinance No. 14 -90 -1454, as
34 amended by 92 -1501, as amended by 92 -1512 by adding a new
35 permit fee refund schedule, time limitation, and
36 cancellations; providing for severability; providing for
37 ordinances in conflict and providing for an effective date.
Regular City Commission Minutes
August 1, 1995
�1
I Moved by Vice Mayor Young, seconded by Commissioner Cooper to
2 adopt this ordinance with the City Clerk assigning the next
3 available number.
4 Mayor
Carver opened the floor for the
public hearing. After
5 there were
no interested parties to speak
on behalf of this item,
6 the public
hearing was closed.
7 A motion was made by Vice Mayor Young
to amend the ordinance
8 as follows:
page 1, line 34 the words may
be changed to the word
9 shall. page 1, line 37 the word shall changed to the word will.
10 Mayor Carver asked Attorney Gallop if this amendment would in
11 any way change the intent of the ordinance.
12 Attorney Gallop explained that the amendment was consistent
13 with the intent to make it mandatory. He suggested a further
14 amendment by changing the word shall to will throughout the
15 remainder of the text.
16 Manager Cox expressed his agreement with Vice Mayor Young's
17 suggestion. He communicated that this was also consistent with the
18 remainder of the document and its intent.
19 This motion was seconded by Commissioner Cooper.
20 There being no further discussion, the amendments passed by a
21 5 -0 vote.
22 Vice Mayor Young: Yea
23 Commissioner Cooper: Yea
24 Commissioner Cunningham: Yea
25 Commissioner Bass: Yea
26 Mayor Carver: Yea
27 There being no further discussion on the ordinance as a whole,
28 the motion passed by a 5 -0 vote.
29 Commissioner Cunningham: Yea
30 Commissioner Cooper: Yea
31 Commissioner Bass: Yea
32 Vice Mayor Young: Yea
33 Mayor Carver: Yea
34 RESOLUTIONS) FOR PUBLIC HEARINGS)
35 There were none
Regular City Commission Minutes
August 1, 1995
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RESOLUTIONS)
10. Resolution No. 126 -95 -9675
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to execute
a five -year Master Governmental Equipment Lease Agreement
with Barnett Bank of Florida, in an amount not to exceed
$275,000, for the Finance and Building & Zoning Departments.
Moved by Commissioner Cooper, seconded by Commissioner
Cunningham to approve this resolution with the City Clerk assigning
the next available number.
it Manager Cox explained that this item represents the lease
12 purchase financing source for the computer system and is the
13 companion to Item No. 11. He further conveyed that in this
14 particular instance, the City can save approximately two and one
15 half to three percentage points. In addition, approximately
16 seventy five to eighty percent of the entire computer program can
17 be installed.
18 He strongly urged the Commission approval of both Items) 10
19 and 11.
20 Attorney Gallop advised that he will be approving the
21 technical aspects of this undertaking.
22 There being no further discussion, the motion passed by a 5 -0
23 vote.
24 Vice Mayor Young: Yea
25 Commissioner Bass: Yea
26 Commissioner Cunningham: Yea
27 Commissioner Cooper: Yea
28 Mayor Carver: Yea
29 11. Resolution No. 127 -95 -9676
30 A Resolution of the Mayor and the City Commission of the City
31 of South Miami, Florida authorizing the City Manager to enter
32 into a contract with the International Development Advisory
33 Services, Inc., to provide, install and technically support
34 products and services described in the request for proposal
35 for local government computer processing system issued on
36 March 11 1995.
Regular City Commission Minutes
August 1, 1995
1 Moved by Commissioner Cooper, seconded by Commissioner
2 Cunningham to approve this resolution with the City Clerk assigning
3 the next available number.
4 Manager Cox commended Slaven Kobola for doing an outstanding
5 job on the RFP for this project. He related that $43,000 in
6 consultant fees were saved by doing this project in- house.
7 Mayor Carver expressed that he was pleased to see this project
8 moving forward.
9 There being no further discussion, the motion passed by a 5 -0
10 vote.
11 Commissioner Cunningham: Yea
12 Commissioner Cooper: Yea
13 Vice Mayor Young: Yea
14 Commissioner Bass: Yea
15 Mayor Carver: Yea
16 12.
17 A Resolution of the Mayor and City Commission of the City
18 of South Miami, Florida advising the property appraiser of its
19 proposed millage rate of 6.80 mills; its roll -back rate of
20 6.24 mills, and the public hearings to be held September 5 and
21 September 12, 1995 to consider the proposed millage rate and
22 tentative budget, all regarding the City's 1995/96
23 Fiscal Year Budget.
24 Moved by Commissioner Cooper, seconded by Commissioner
25 Cunningham to approve this resolution with the City Clerk assigning
26 the next available number.
27 Mayor Carver expressed concern regarding a,possible conflict
28 in the hearing dates and the Jewish holidays.
29 Vice Mayor. Young advised his colleagues that because of a
30 meeting which he must attend, he too has a conflict with the second
31 public hearing date.
32
33 Moved by Mayor Carver, seconded by Commissioner Cooper to
34 amend the resolution by changing the language in the title and text
35 to have the City Clerk determine and set the dates for the public
36 hearings as follow:
Regular City Commission Minutes
August 1, 1995
8
1 Resolution No. 128 -95 -9677
2 A Resolution of the Mayor and City Commission of the City
3 of South Miami, Florida advising the property appraiser of its
4 proposed millage rate of 6.80 mills; its roll -back rate of
5 6.24 mills, and authorizing the City Clerk to determine the
6 dates of public hearings to consider the proposed millage
7 rate and tentative budget, all regarding the City's 1995/96
8 Fiscal Year Budget.
9 There being no further discussion on the amendment, the motion
10 passed-by a 5 -0 vote.
11 Commissioner Cooper: Yea
12 Commissioner Bass: Yea
13 Vice Mayor Young: Yea
14 Commissioner Cunningham: Yea
15 Mayor Carver: Yea
16 Mayor Carver pointed out that the millage rate represented a
17 slight increase of' approximately 5 %, and the roll -back rate
18 represented a slight increase of approximately 8 %. He explained
19 this is not the final adopted budget, and it will be his goal as it
20 has been each year to effectuate no tax increase.
21 Mayor Carver informed Manager Cox that he would like to have
22 at the Budget workshop a clear five year history on the percentage
23 of Ad Valorem taxes paid by homeowners verses commercial
24 properties. And a comparison of what the homeowners Ad Valorem
25 taxes are as it relates to the percentage of total revenue for the
26 City.
27 There being no further discussion on the resolution as a
28 whole, the motion passed by a 5 -0 vote.
29 Vice Mayor Young: Yea
30 Commissioner Cunningham: Yea
31 Commissioner Bass: Yea
32 Commissioner Cooper: Yea
33 Mayor Carver: Yea
34
ORDINANCES) - FIRST READING
35 13. Ordinance creating Chapter 12A of the Code of the City of
36 South Miami, to be entitled "City of South Miami Health
37 Facilities Authority "; establishing the City of South
38 Miami Health Facilities Authority; finding and declaring
Regular city Commission Minutes
August 1, 1995
9
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2
3
4
5
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the need therefor; providing definitions; designating
membership; providing responsibilities and powers; providing
for the financing and construction of Health Facilities;
providing for the issuance of Revenue Bonds and Refunding
Bonds; providing tax exemption; providing severability;
and providing for related matters and an effective date.
7 Moved by Commissioner Cooper, seconded by Commissioner
8 Cunningham and Vice Mayor Young to pass this ordinance on first
9 reading, with second reading and public hearing scheduled for
10 August 15, 1995.
11 Manager Cox explained that the Health Facilities Authority
12 will act as a conduit to enable the City's largest employer, South
13 Miami Hospital group to re- finance their existing debt.
14 Manager Cox said in addition to this, the Commission will
15 appoint a Health Facilities Authority to oversee this process. He
16 conveyed that there will be little or no liability to the City of
17 South Miami or the "Authority" members.
18 Manager Cox informed the City Commission that there are also
19 fees associated with this transaction which will benefit the City.
20 He further advised the Commission that he and the City Attorney met
21 with outside counsel and based on this meeting, he recommended
22 approval of this ordinance for first reading.
23 Mayor Carver clarified that the City of South Miami Health
24 Facilities Authority will not only be utilized by South Miami
25 Hospital but other health care institutions.
26 Mayor Carver further emphasized that State law allows the City
27 of South Miami to. establish an "Authority" with absolutely no
28 liability, in addition to allowing the City to collect a fee for
29 acting as the conduit.
30 Attorney Gallop gave an explanation of the enacting
31 legislation in the Florida Statutes for the establishment and
32 duties of the Health Facilities Authority.
33
Attorney Gallop
further advised the members of
the City
34
Commission that they
may want to limit some of the authorization
35
contained in the Florida Statutes for a Health Facilities
Authority
36
that allows for:
acquisition of health care
projects;
37
constructing health care projects; and the management,
sale and
38
lease of health care
projects.
Regular City Commission Minutes
August 1, 1995
10
1 There being no further discussion, the motion passed by a 5 -0
2 vote.
3 Commissioner Cunningham: Yea
4 Vice Mayor Young: Yea
5 Commissioner Bass: Yea
6 Commissioner Cooper: Yea
7 Mayor Carver: Yea
8 PUBLIC REMARKS
9 There were none
10 COMMISSION REMARKS
11 Mayor Carver congratulated Commissioner Bass on becoming a
12 grandmother for the first time.
13 There being no further business to come before the City
14 Commission, the meeting adjourned at 8:10 p.m.
15 Approved:
16
17 Neil Carver
18 Mayor
19 Attest:
20
21 Ronetta Taylor
22 City Clerk
Regular City Commission Minutes
August 1, 1995
11
Adwftl CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
v
To: Mayor & City Commission
Fro6: die ox
City Manager
Date: July 28, 1995
Agenda Item # s
Re: Comm. Meeting °"8[15/Y6
South Miami Health
Facilities Authority
As a result of the Commission Workshop on Tuesday, July 25, 1995,
the Commission requested that this item be placed on the first
available agenda.
This ordinance creates Chapter 12 -A of the Code of the City of
South Miami, creating the "City of South Miami Health Facilities
Authority."
I recommend approval.
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Date: July 28, 1995
Agenda Item # s
Re: Comm. Meeting °"8[15/Y6
South Miami Health
Facilities Authority
As a result of the Commission Workshop on Tuesday, July 25, 1995,
the Commission requested that this item be placed on the first
available agenda.
This ordinance creates Chapter 12 -A of the Code of the City of
South Miami, creating the "City of South Miami Health Facilities
Authority."
I recommend approval.
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August 10, 1995
Earl Gallop, Esq.
Bailey & Jones
501 Brickell Key Drive
Suite 300
Miami, Florida 33131
Eddy Cox, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Ronetta Taylor, City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Ordinance on Second Reading Creating The City of
South Miami Health Facilities Authority
Enclosed is a revised version of the Ordinance, as
discussed with Earl Gallop, City Attorney, together with a clean
set for adoption by the Commission.
The revised Ordinance shows the paragraphs stricken.
Additionally, there were some grammatical changes and corrections
in format that I went over with the City Attorney which are not
shown, but which I can mark up for the Commission prior to the
meeting, if they desire to see it.
If you have any questions when you receive this, please
do not hesitate to advise.
Zyers�,
M��
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA CREATING
CHAPTER 12A OF THE CODE OF THE CITY OF SOUTH
MIAMI, TO BE ENTITLED "CITY OF SOUTH MIAMI
HEALTH FACILITIES AUTHORITY"; ESTABLISHING THE
CITY OF SOUTH NE AMI HEALTH FACILITIES AUTHORITY;
FINDING AND DECLARING NEED FOR THE AUTHORITY;
PROVIDING DEFINITIONS; DESIGNATING MEMBERSHIP;
PROVIDING RESPONSIBILITIES AND POWERS; PROVIDING
FOR THE FINANCING AND CONSTRUCTION OF HEALTH
FACILITIES; PROVIDING FOR THE ISSUANCE OF
REVENUE BONDS AND REFUNDING BONDS; PRGVMING
TAX EX4R4PqIGN, PROVIDING SEVERABILITY; AND
PROVIDING RELATED MATTERS AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission (the "Commission ") of the City of South Miami,
Florida (the "City "), has determined that, for the benefit of the people of the City, the increase
of their commerce, welfare and prosperity and the improvement of their health and living
conditions, it is essential that the people of the City have access to adequate medical care and
health facilities and that it is essential that health facilities be provided with appropriate
additional means fo assist in the development, improvement and maintenance of the public
health;. and
WHEREAS, a Health Facilities Authority would provide additional means to assist in the
development and maintenance of the City's health facilities; and
WHEREAS, Section 154.207, Florida Statutes, authorizes the City to create a public
body to insure that the people of the City have access to adequate medical care and health
facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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I Section 1. Declaration of Need.
2 The Commission hereby finds and declares that there is a need for a Health Facilities
3 Authority to function in the City in order to assist in the development and maintenance of the
4 health facilities located in the City and, where authorized by law, outside the City's boundaries.
5 Section 2. Definitions.
6 The following terms, whenever used in this Ordinance, shall have the following meanings
7 unless a different meaning clearly appears from the context:
8 (a) "Authority" means the City of South Miami Health Facilities Authority created
9 by this Ordinance.
10 (b) "Bonds" or "revenue bonds" mean revenue bonds and revenue refunding bonds
11 of the Authority issued under the provisions of this Ordinance and State law, including without
12 limitation, Chapter 154, Part III and Chapter 159, Part II, Florida Statutes, as they may be
13 amended from time to time, notwithstanding that such bonds may be secured by a mortgage or
14 the full faith and credit of a health facility.
15 (c) "City" means the City of South Miami, Florida.
16 (d) "Commission" means and refer to the City Commission of the City.
17 (e) "Cost" as applied to a project or any portion thereof financed under the provisions
18 of this Ordinance, embraces:
19 (1) All or any part of the cost of construction and acquisition of all real
20 property, lands, structures, real or personal property rights, rights -of -way, franchises,
21 easements, and interests acquired or used for a project.
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1 (2) The cost of demolishing or removing any buildings or structures on land
2 so acquired, including the cost of acquiring any lands to which such buildings or structures may
3 be removed.
4 (3) The cost of all machinery and equipment.
5 (4) Financing charges and interest prior to, during, and for a reasonable period
6 after completion of such construction.
7 (5) Provisions of reserves for principal and interest and for extensions,
8 enlargements, additions, and improvements.
9 (6) The cost of engineering, appraisal, architectural, accounting, financial and
10 legal services.
11 (7) The cost of plans, specifications, studies, surveys and estimates of cost and
12 revenues.
13 (8) Administrative expenses, including expenses necessary or incident to
14 determining the feasibility or practicability of constructing the project.
15 (9) Such expenses as may be necessary or incident to the construction and
16 acquisition and the placing of the project in operation and such items which qualify as "costs"
17 under State law from time to time.
18 (f) "Health Facility" means any private corporation organized as either not for profit
19 or for profit and authorized by law to provide hospital or nursing care services in accordance
20 with Chapter 395 or Chapter 400, Florida Statutes, or life care services in accordance with
21 Chapter 651, Florida Statutes, and also includes facilities licensed under Chapters 393 and 394,
22 Florida Statutes, "health care facility" as defined in Section 159.27(16), Florida Statutes, and
23 any other facilities which under State law, the Authority may provide assistance to, in each case
24 as such provisions of State law may be amended from time to time.
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I (g) "Project" means any structure, facility, machinery, equipment or other property
2 suitable for use by a health facility in connection with its operations or proposed operations,
3 including, without limitation:
4 (1) real property;
5 (2) a clinic, computer facility, dining hall, fire fighting facility, fire prevention
6 facility, food service and preparation facility, health care facility, long term care facility,
7 hospital, interns' residence, laboratory, laundry, maintenance facility, nurses' residence, nursing
8 home, nursing school, office, parking area, pharmacy, educational, recreational facility, research
9 facility, storage facility, utility or X -ray facility, or any combination of the foregoing; and
10 (3) other structures or facilities related thereto or required or useful for health
11 care purposes, the conduct of research or the operation of a health facility, including facilities
12 or structures essential or convenient for the orderly conduct of the health facility and other
13 similar items necessary or convenient for the operation of a particular facility or structure in the
14 manner for which its use is intended; but shall not include such items as fuel, supplies or other
15 items which are customarily deemed to result in a current operating charge.
16 (h) "Real Property" means and includes all lands, buildings, structures,
17 improvements and fixtures thereon; any property of any nature appurtenant thereto or used in
18 connection therewith; and every estate, interest and right, legal or equitable, therein, including
19 any such interest for a term of years.
20 (i) "State" means the State of Florida.
21 Section 3. Creation of City of South Miami Health Facilities Authori ty• Memberslu.
22 (a) Creation. The City of South Miami Health Facilities Authority is hereby created
23 and established and, in accordance with Section 154.207, Florida Statutes, is constituted a public
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I instrumentality. The exercise by the Authority of the powers conferred by State law shall be
2 deemed and held to be the performance of an essential public function.
3 (b) Members; Terms of Office. The Authority, unless otherwise provided by State
4 law, shall be composed of five voting members. Members shall be residents of the City
5 appointed by the Commission for terms of four years; provided that of the first members
6 appointed, the Commission shall designate one member to serve for one year, one member to
7 serve for two years, one member to serve for three years and two members to serve for four
8 years, in each case until his or her successor is appointed and has qualified. Thereafter, all
9 appointments by the Commission, except appointments to fill vacancies shall be for a term of
10 four years. Vacancies during a term shall be filled for the unexpired term by the Commission.
11 A member of the Authority shall be eligible for reappointment. Any member of the Authority
12 may be removed by the Commission for misfeasance, malfeasance, willful neglect of duty or
13 such other cause authorized by law.
14 (c) Responsibilities of Member. Each member of the Authority, before entering upon
15 his duties, shall take and subscribe the oath or affirmation required by the State Constitution.
16 A record of each oath shall be filed in the Department of State and with the Clerk of the City.
17 The members of the Authority shall receive no compensation for the performance of their duties
18 hereunder, but each member shall be paid necessary expenses incurred while engaged in the
19 performance of such duties. Service as a member of the Authority by a trustee, director, officer
20 or employee of a health facility shall not, in and of itself, constitute a conflict of interest;
21 however, any member of the Authority who is employed by, or receives income from a health
22 facility under consideration by the Authority shall not vote on any matter related to such facility.
23 Members of the Authority shall comply with the provisions of Section 286.012, Florida Statutes,
24 relating to voting, and with the provisions of Sections 112.311 through 112.3175, Florida
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1 Statutes, relating to financial disclosure, in each case as said provisions of State law may be
2 amended from time to time.
3 (d) Organization and Meetings of the Authority. The Authority, at its initial meeting
4 and annually thereafter, shall elect one of its members as Chairman and one as Vice Chairman.
5 Three members of the Authority shall constitute a quorum, and the affirmative vote of a majority
6 of the members present shall be necessary for any action taken by the Authority. No vacancy
7 . in the membership of the Authority shall impair the right of a quorum to exercise all the rights
8 and to perform all the duties of the Authority. Any action taken by the Authority under the
9 provisions of this Ordinance may be authorized at any regular or special meeting, and each such
10 resolution shall take effect immediately and need not be published or posted. All meetings of
11 the Authority, as well as records, books, documents and papers shall be open and available to
12 the public in accordance with Section 286.011, Florida Statutes, as the same may be amended
13 from time to time.
14 Section 4. Powers and Duties of the Authority.
15 The purpose of the Authority shall be to assist health facilities in the acquisition,
16 construction, financing and refinancing of projects. For this purpose, the Authority shall have
17 all the powers conferred by State law, including, but not limited to those powers conferred under
18 Chapter 154, Part III, and Chapter 159, Part II, Florida Statutes, all of which provisions of State
19 law are incorporated herein by reference, as the same shall be amended from time to time.
20 These powers shall include, but not be limited to the power:
21 (a) To adopt an official seal and alter the same at its pleasure.
22 (b) To maintain an office at such place or places in the City as it may designate,
23 including space in City Hall.
24 (c) To sue and be sued in its own name and to plead and be impleaded.
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8 (d) To make and execute loan agreements, agreements of lease, contracts, deeds,
9 mortgages, notes and other instruments necessary or convenient in the exercise of the powers
10 and functions conferred upon the Authority by this Ordinance or otherwise by law.
11 (e) To sell, lease, exchange, mortgage, transfer or otherwise dispose of, or to grant
12 options for any such purposes with respect to any project, or any real or personal property or
13 interest therein.
14 (f) To pledge or assign any money, rents, charges, fees or other revenues and any
15 proceeds derived from the sale of property, insurance or condemnation awards.
16 (g) To fix, charge, and collect rents, fees and charges for the use of or the financing
17 of any project.
18 (h) To issue bonds and notes for the purpose of providing funds to pay all or any part
19 of the cost of any project or any other lawful purpose and to issue refunding bonds or notes.
20 (i) To employ consulting engineers, architects, surveyors, attorneys, accountants,
21 financial experts and such other employees and agents as may be necessary in its judgment,
22 including employees of the City to the extent approved by the Commission, and to fix their
23 compensation.
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8 (d) To make and execute loan agreements, agreements of lease, contracts, deeds,
9 mortgages, notes and other instruments necessary or convenient in the exercise of the powers
10 and functions conferred upon the Authority by this Ordinance or otherwise by law.
11 (e) To sell, lease, exchange, mortgage, transfer or otherwise dispose of, or to grant
12 options for any such purposes with respect to any project, or any real or personal property or
13 interest therein.
14 (f) To pledge or assign any money, rents, charges, fees or other revenues and any
15 proceeds derived from the sale of property, insurance or condemnation awards.
16 (g) To fix, charge, and collect rents, fees and charges for the use of or the financing
17 of any project.
18 (h) To issue bonds and notes for the purpose of providing funds to pay all or any part
19 of the cost of any project or any other lawful purpose and to issue refunding bonds or notes.
20 (i) To employ consulting engineers, architects, surveyors, attorneys, accountants,
21 financial experts and such other employees and agents as may be necessary in its judgment,
22 including employees of the City to the extent approved by the Commission, and to fix their
23 compensation.
1 0) To acquire existing projects and to reimburse any health facility for the cost of
2 such project in accordance with an agreement between the Authority and the health facility;
3 however, no such reimbursement shall exceed the total cost of the project as determined by the
4 health facility and approved by the Authority.
5 (k) To acquire existing projects and to refund outstanding obligations, mortgages, or
6 advances issued, made or given by a health facility for the cost of any project.
7 (1) To charge to, and equitably apportion among health facilities its administrative
8 costs and expenses incurred in the exercise of the powers and duties conferred by this
9 Ordinance, and to otherwise charge fees and costs in connection with a health facility financing.
10 (m) To mortgage any project and the site thereof for the benefit of the holders of the
11 bonds issued to finance such project.
12 (n) To participate in and to issue bonds for the purpose of establishing and
13 maintaining a self - insurance pool pursuant to Section 627.357, Florida Statutes, as the same may
14 be amended from time to time, on behalf of a health facility or a group of health facilities in
15 order to provide for the payment of judgements, settlements of claims, expenses or loss and
16 damage that arises or is claimed to have arisen from an act or omission of the health facility,
17 its employees or agents in the performance of health care or health care related functions.
18 (o) To issue special obligation revenue bonds for the purpose of establishing and
19 maintaining self insurance pools and to provide reserve funds in connection therewith, which
20 bonds shall be payable from funds available in the pool from time to time or from assessments
21 against participating health facilities for the purpose of providing required contributions to the
22 fund or from such other sources as may be permitted by State law. Such bonds shall be issued
23 in accordance with all other applicable provisions of State law.
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I (p) To keep a record of all its proceedings and be custodian of all books, documents
2 and papers filed with it and of its minute book or journal and official seal. The Authority shall
3 cause copies to be made of all its minutes and other records and documents and shall give
4 certificates under its official seal to the effect that such copies are true copies, and all persons
5 dealing with said Authority may rely upon such Certificates.
6 (c) To make a report to the Commission within the first 90 days of each calendar
7 year, of the Authority's activities for the preceding calendar year. Each report shall set forth
8 a complete operating and financial statement covering its operation during the year.
9 (r) To enter into interlocal agreements with other governmental bodies in connection
10 with the exercise of its powers hereunder, including, but not limited to the issuance of bonds,
11 pursuant to the authorization conferred by Chapter 163, Part I, Florida Statutes, as the same may
12 be amended rom time to time.
13 (s) To do all things necessary, as otherwise provided by law, to carry out the
14 purposes of this Ordinance.
15 Section 5. Payment of Expenses.
16 All expenses incurred in carrying out the provisions of this Ordinance shall be payable
17 solely from funds provided under the provisions of this Ordinance, and no liability or obligation
18 shall be incurred by the Authority beyond the extent to which moneys shall have been provided
19 under this Ordinance or otherwise.
20 Section 6. Notes of Authority.
21 The Authority is authorized from time to time to issue its negotiable notes for any
22 corporate purposes and renew from time to time any notes by the issuance of new notes, whether
23 the notes to be renewed have or have not matured, subject however, to any maturity limitations
24 prescribed by State law. The notes may be authorized, sold, executed and delivered in the same
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manner as bonds. All such notes shall be payable solely from the revenues of the Authority,
subject only to contractual rights of the holders of any of its notes or other obligations then
outstanding.
Section 7. Revenue Bonds.
The Authority is authorized from time to time to issue its negotiable revenue bonds for
the purpose of paying all or any part of the cost of any project or projects authorized by law,
or pursuant to subsections (1) and (m) of Section 4 of this Ordinance for the purpose of paying
all or any part of the cost of acquiring existing or completed health facilities projects, or for any
other purpose permitted by law. In anticipation of the sale of such revenue bonds, the Authority
may issue negotiable bond anticipation notes and may renew the same from time to time, subject
however, to any maturity limitations prescribed by State law. Such notes shall be paid from any
revenues of the Authority available therefore and not otherwise pledged or from the proceeds
of sale of the revenue bonds of the Authority in anticipation of which they were issued. The
notes shall be issued in the same manner as the revenue bonds. Such notes and the resolution
or resolutions authorizing them may contain any provisions, conditions or limitation which a
bond resolution of the Authority may contain.
The revenue bonds and notes of every issue shall be payable solely out of revenues
provided therefore. Notwithstanding that revenue bonds and notes may be payable from a
special fund, they shall be, and be deemed to be, for all purposes, negotiable instruments,
subject only to the provisions of the revenue bonds and notes for registration.
The revenue bonds may be issued as serial bonds or as term bonds, or the Authority, in
its discretion, may issue bonds of both types. The revenue bonds shall be authorized by
resolution of the members of the Authority and shall bear such date or dates; mature at such
time or times, not exceeding the maximum maturity provided by law; bear interest at such rate
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1 or rates; be payable at such time or times; be in such denominations; be in such form, either
2 coupon or registered, or both; carry such registration privileges; be executed in such manner;
3 be payable in lawful money of the United States at such place or places; and be subject to such
4 terms of redemption, including redemption prior to maturity and such other provisions, as such
5 resolution or resolutions may provide. The Authority shall determine the form and manner of
6 execution of the bonds, including any interest coupons to be attached thereto, and shall fix the
7 denomination or denominations of the bonds and the place or places of payment of principal and
8 interest, which may be at any bank or trust company within or without the state. In case any
9 officer whose signature, or a facsimile of whose signature, shall appear on any bonds or coupons
10 shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall
11 nevertheless be valid and sufficient for all purposes, the same as if he had remained in office
12 until such delivery. The revenue bonds or notes may be sold at public or private sale for such
13 price or prices as the Authority shall determine. Pending preparation of the definitive bonds,
14 the Authority may issue interim receipts or certificates which shall be exchanged for such
15 definitive bonds.
16 Section 8. Refunding Bonds.
17 The Authority is hereby authorized to provide for the issuance of revenue bonds for the
18 purpose of refunding any of its revenue bonds then outstanding or, to the extent permitted by
19 State law, any bonds issued by another public instrumentality which are then outstanding,
20 including the payment of any redemption premium thereon and any interest accrued or to accrue
21 to the earliest or subsequent date of redemption, purchase or maturity of such bonds.
22 The proceeds of any such revenue bonds issued for the purpose of refunding outstanding
23 bonds may, in the discretion of the Authority, be applied to the purchase or retirement at
24 maturity or redemption of such outstanding bonds either on their earliest or any subsequent
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redemption date, or upon the purchase or at the maturity therof, and may, pending such
application, be placed in escrow to be applied to such purchase or retirement at maturity or
redemption on such date as may be determined by the Authority.
Any such escrowed proceeds, pending such use may be invested and reinvested in direct
obligations of the United States, in any obligations of which the principal and interest are
unconditionally guaranteed by the United States, in certificates of deposit or time deposits
secured by direct obligations of the United States, or in any obligations of which the principal
and interest are unconditionally guaranteed by the United States, in any other obligations as may
be permitted by law from time to time, maturing at such time or times as shall be appropriate
to assure the prompt payment, as to principal, interest and redemption, premium if any, of the
outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized
on any such investment may also be applied to the payment of the outstanding bonds to be so
refunded. After the terms of the escrow have been fully satisfied and carried out, any balance
of such proceeds and interest, income and profits, if any, earned or realized on the investments
thereof may be returned to the Authority for use or disposition by it in any lawful manner.
All such revenue bonds issued for the purposes of refunding shall be subject to the
provisions of this Ordinance in the same manner and to the same extent as other revenue bonds
issued pursuant to this Ordinance.
Section 9. Security of Bondholders.
In the discretion of the Authority, any bonds issued under the provisions of this
Ordinance may be secured by a trust agreement by and between the Authority and a corporate
trustee, which may be any trust company or bank having the powers of a trust company within
or without the state. Such trust agreement or resolution providing for the issuance of such bonds
may pledge or assign the fees, rents, charges or proceeds, condemnation awards and other funds
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1 and revenues to be received therefor, and may provide for the mortgaging of any project or any
2 part therof as security for repayment of the bonds. Such trust agreement or resolution providing
3 for the issuance of such bonds shall contain such provisions for protecting and enforcing the
4 rights and remedies of the bondholders as may be reasonable and proper and not in violation of
5 law, including convenants setting forth the duties of the Authority in relation to the acquisition
6 of property and the construction, improvement, maintenance, repair, operation and insurance of
7 the project or projects in connection with which such bonds shall have been authorized; the fees,
8 rents and other charges to be fixed and collected; the sale of any project or part thereof, or other
9 property; the terms and conditions for the issuance of additional bonds; and the custody,
10 safeguarding, and application of all monies. It shall be lawful for any bank or trust company
11 which may act as depositary of the proceeds of bonds, revenues or other money hereunder to
12 furnish such indemnifying bonds or to pledge such securities as may be required by the
13 Authority. Any such trust agreement or resolution shall set forth the rights and remedies of the
14 bondholders and of the trustee and may restrict the individual right of action by bondholders.
15 ' In addition to the foregoing, any such trust agreement or resolution may contain such other
16 provisions as the Authority may deem reasonable and proper for the security of the bondholders.
17 All expenses incurred in carrying out the provisions of such trust agreement or resolution may
18 be treated as a part of the cost of the project or projects in connection with which bonds are
19 issued or as an expense of administration of such project, as the case may be.
20 Section 10. Payment of Bonds; No Liability of the Authority or the C4.
21 Revenue bonds issued under the provisions of this Ordinance shall not be deemed to
22 constitute a debt, liability or obligation of the City of the State or any political subdivision
23 thereof, or a pledge of the faith and credit of the City or the State or any political subdivision
24 thereof, but shall be payable solely form the revenues provided therefor. All such revenue
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I bonds shall contain on the face thereof a statement to the effect that the Authority shall not be
2 obligated to pay the same or the interest thereon except from the revenues of the project or the
3 portion therof for which they are issued and that neither the faith and credit nor the taxing power
4 of the City or of the State or of any political subdivision thereof is pledged to the payment of
5 the principal of or the interest on such bonds. The issuance of revenue bonds under the
6 provisions of this Ordinance shall not directly, indirectly or contingently obligate the City or the
7 State or any political subdivision thereof to levy or to pledge any form of taxation whatever
8 therefore or to make any appropriation for their payment.
9 Section 11. No Liability of Authority Members.
10 Neither the members of the Authority nor any person executing the revenue bonds or
11 notes shall be liable personally on the revenue bonds or notes or be subject to any personal
12 liability or accountability by reason of the issuance thereof.
13 Section 12. Revenues.
14 The Authority is hereby authorized to fix and to collect fees, rents and charges for the
15 services of the Authority in providing the financings or for the use of any project or projects and
16 any part or section thereof as provided by law. The Authority may require that the lessee,
17 owner or operator of any project or part therof shall operate, repair and maintain the project and
18 bear the cost thereof and other costs of the Authority in connection with the project or projects
19 as may be provided in the loan agreement, lease or other contract with the Authority, in addition
20 to other obligations imposed under such agreement or contract.
21 Section 13. Trust Funds.
22 Notwithstanding any other provisions of law to the contrary, all money received pursuant
23 to the provisions of this Ordinance whether as proceeds from the sale of bonds, sale of property,
24 insurance, or condemnation awards, or as revenues, shall be deemed to be trust funds, to be held
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and applied solely as provided by law. The resolution authorizing the bonds of any issue or trust
agreement securing such bonds may provide that any of such moneys be temporarily invested
pending the disbursement therof and shall provide that any officer with whom, or any bank or
trust company with which, such moneys shall be deposited shall act as trustee of such moneys
and shall hold and apply the same for the purposes hereof, subject to such regulations as such
resolution or trust agreements may provide.
Section 14. Remedies.
Any holder of bonds issued by the Authority or of any of the coupons appertaining
thereto, and the trustee under any trust agreement, except to the extent the rights herein or by
law given, may be restricted by such trust agreement or the resolution authorizing the issuance
of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding,
protect and enforce any and all rights under the laws of the State or under such trust agreement
or resolution authorizing the issuance of such bonds, or under any agreement of lease, loan
agreement or other contract executed by the Authority pursuant to this Ordinance, and may
enforce and compel the performance of all duties required by law or by such trust agreement or
resolution to be performed, including the fixing, charging and collecting of fees, rents and
charges. Holders of bonds or any interests therein shall have no remedy or cause of action
against the Authority or the City.
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Mr-T. MPFFNEM"M Mr
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10 Section 15. Validation.
11 Bonds issued by the Authority, to the extent required by law, or otherwise at the option
12 of the Authority, may be validated in the manner prescribed by Chapter 75, Florida Statutes, as
13 the same may be amended from time to time.
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17 Section 16. Administrative Procedures.
18 The Authority may adopt administrative guidelines and procedures in connection with the
19 exercise of its powers hereunder which shall become effective upon approval by the
20 Commission. Such guidelines and procedures shall only be amended by the Authority with the
21 approval of the Commission.
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I Section 17. Commission May Abolish Authority.
2 The Commission shall have the power and authority at any time to abolish the Authority
3 by Ordinance; however, the Authority shall not be abolished until all bonded indebtedness
4 incurred pursuant to this Ordinance has been paid.
5 Section 18. Severability.
6 If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
7 unconstitutional by any court of competent jurisdiction, then the holding shall in no way affect
8 the validity of the remaining portions of this Ordinance.
9 Section 19. Inclusion in Code.
10 It is the intention of the Commission that the provisions of this Ordinance shall become
11 and be made a part of the City of South Miami Code; and that the sections of this Ordinance
12 may be renumbered or relettered and the word "Ordinance" may be changed to "section,"
13 "article," or such other appropriate word or phrase in order to accomplish such intentions.
14 Section 20. Effective Date.
15 This Ordinance shall take effect immediately at the time of its passage.
16 PASSED AND ADOPTED this 15th day of August, 1995
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ATTEST:
CITY CLERK
(SEAL)
READ AND APPROVED AS
TO FORM:
CITY ATTORNEY
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MAYOR
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA CREATING
CHAPTER 12A OF THE CODE OF THE CITY OF SOUTH
MIAMI, TO BE ENTITLED "CITY OF SOUTH MIAMI
HEALTH FACILITIES AUTHORITY "; ESTABLISHING THE
CITY OF SOUTH MIAMI HEALTH FACILITIES AUTHORITY;
FINDING AND DECLARING NEED FOR THE AUTHORITY;
PROVIDING DEFINITIONS; DESIGNATING MEMBERSHIP;
PROVIDING RESPONSIBILITIES AND POWERS; PROVIDING
FOR THE FINANCING AND CONSTRUCTION OF HEALTH
FACILITIES; PROVIDING FOR THE ISSUANCE OF
REVENUE BONDS AND REFUNDING BONDS; PROVIDING
TAX EXEMPTION; PROVIDING SEVERABILITY; AND
PROVIDING RELATED MATTERS AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission (the "Commission ") of the City of South Miami,
Florida (the "City "), has determined that, for the benefit of the people of the City, the increase
of their commerce, welfare and prosperity and the improvement of their health and living
conditions, it is essential that the people of the City have access to adequate medical care and
health facilities and that it is essential that health facilities be provided with appropriate
additional means to assist in the development, improvement and maintenance of the public
health; and
WHEREAS, a Health Facilities Authority would provide additional means to assist in the
development and maintenance of the City's health facilities; and
WHEREAS, Section 154.207, Florida Statutes, authorizes the City to create a public
body to insure that the people of the City have access to adequate medical care and health
facilities.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Declaration of Need.
The Commission hereby finds and declares that there is a need for a Health Facilities
Authority to function in the City in order to assist in the development and maintenance of the
health facilities located in the City and, where authorized by law, outside the City's boundaries.
Section 2. Definitions.
The following terms, whenever used in this Ordinance, shall have the following meanings
unless a different meaning clearly appears from the context:
(a) "Authority" means the City of South Miami Health Facilities Authority created
by this Ordinance.
(b) "Bonds" or "revenue bonds" mean revenue bonds and revenue refunding bonds
of the Authority issued under the provisions of this Ordinance and State law, including without
limitation, Chapter 154, Part III and Chapter 159, Part II, Florida Statutes, as they may be
amended from time to time, notwithstanding that such bonds may be secured by a mortgage or
the full faith and credit of a health facility.
(c) "City" means the City of South Miami, Florida.
(d) "Commission" means and refer to the City Commission of the City.
(e) "Cost" as applied to a project or any portion thereof financed under the provisions
of this Ordinance, embraces:
(1) All or any part of the cost of construction and acquisition of all real
property, lands, structures, real or personal property rights, rights -of -way, franchises,
easements, and interests acquired or used for a project.
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(2) The cost of demolishing or removing any buildings or structures on land
so acquired, including the cost of acquiring any lands to which such buildings or structures may
be removed.
(3) The cost of all machinery and equipment.
(4) Financing charges and interest prior to, during, and for a reasonable period
after completion of such construction.
(5) Provisions of reserves for principal and interest and for extensions,
enlargements, additions, and improvements.
legal services.
revenues.
(6) The cost of engineering, appraisal, architectural, accounting, financial and
(7) The cost of plans, specifications, studies, surveys and estimates of cost and
(8) Administrative expenses, including expenses necessary or incident to
determining the feasibility or practicability of constructing the project.
(9) Such expenses as may be necessary or incident to the construction and
acquisition and the placing of the project in operation and such items which qualify as ".costs"
under State law from time to time.
(f) "Health Facility" means any private corporation organized as either not for profit
or for profit and authorized by law to provide hospital or nursing care services in accordance
with Chapter 395 or Chapter 404, Florida Statutes, or life care services in accordance with
Chapter 651, Florida Statutes, and also includes facilities licensed under Chapters 393 and 394,
Florida Statutes, "health care facility" as defined in Section 159.27(16), Florida Statutes, and
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any other facilities which under State law, the Authority may provide assistance to, in each case
as such provisions of State law may be amended from time to time.
(g) "Project" means any structure, facility, machinery, equipment or other property
suitable for use by a health facility in connection with its operations or proposed operations,
including, without limitation:
(1) real property;
(2) a clinic, computer facility, dining hall, fire fighting facility, fire prevention
facility, food service and preparation facility, health care facility, long term care facility,
hospital, interns' residence, laboratory, laundry, maintenance facility, nurses' residence, nursing
home, nursing school, office, parking area, pharmacy, educational, recreational facility, research
facility, storage facility, utility or X -ray facility, or any combination of the foregoing; and
(3) other structures or facilities related thereto or required or useful for health
care purposes, the conduct of research or the operation of a health facility, including facilities
or structures essential or convenient for the orderly conduct of the health facility and other
similar items necessary or convenient for the operation of a particular facility or structure in the
manner_ for which its use is intended; but shall not include such items as fuel, supplies or other
items which are customarily deemed to result in a current operating charge.
(h) "Real Property" means and includes all lands, buildings, structures,
improvements and fixtures thereon; any property of any nature appurtenant thereto or used in
connection therewith; and every estate, interest and right, legal or equitable, therein, including
any such interest for a term of years.
(i) "State" means the State of Florida.
Section 3. Creation of City of South Miami Health Facilities Authority; Membership.
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(a) Creation. The City of South Miami Health Facilities Authority is hereby created
and established and, in accordance with Section 154.207, Florida Statutes, is constituted a public
instrumentality. The exercise by the Authority of the powers conferred by State law shall be
deemed and held to be the performance of an essential public function.
(b) Members; Terms of Office. The Authority, unless otherwise provided by State
law, shall be composed of five voting members. Members shall be residents of the City
appointed by the Commission for terms of four years; provided that of the first members
appointed, the Commission shall designate one member to serve for one year, one member to
serve for two years, one member to serve for three years and two members to serve for four
years, in each case until his or her successor is appointed and has qualified. Thereafter, all
appointments by the Commission, except appointments to fill vacancies shall be for a term of
four years. Vacancies during a term shall be filled for the unexpired term by the Commission.
A member of the Authority shall be eligible for reappointment. Any member of the Authority
may be removed by the Commission for misfeasance, malfeasance, willful neglect of duty or
such other cause authorized by law.
(c) Responsibilities of Member. Each member of the Authority, before entering upon
his duties, shall take and subscribe the oath or affirmation required by the State Constitution.
A record of each oath shall be filed in the Department of State and with the Clerk of the City.
The members of the Authority shall receive no compensation for the performance of their duties
hereunder, but each member shall be paid necessary expenses incurred while engaged in the
performance of such duties. Service as a member of the Authority by a trustee, director, officer
or employee of a health facility shall not, in and of itself, constitute a conflict of interest;
however, any member of the Authority who is employed by, or receives income from a health
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facility under consideration by the Authority shall not vote on any matter related to such facility.
Members of the Authority shall comply with the provisions of Section 286.012, Florida Statutes,
relating to voting, and with the provisions of Sections 112.311 through 112.3175, Florida
Statutes, relating to financial disclosure, in each case as said provisions of State law may be
amended from time to time.
(d) Organization and Meetings of the Authority. The Authority, at its initial meeting
and annually thereafter, shall elect one of its members as Chairman and one as Vice Chairman.
Three members of the Authority shall constitute a quorum, and the affirmative vote of a majority
of the members present shall be necessary for any action taken by the Authority. No vacancy
in the membership of the Authority shall impair the right of a quorum to exercise all the rights
and to perform all the duties of the Authority. Any action taken by the Authority under the
provisions of this Ordinance may be authorized at any regular or special meeting, and each such
resolution shall take effect immediately and need not be published or posted. All meetings of
the Authority, as well as records, books, documents and papers shall be open and available to
the public in accordance with Section 286.011, Florida Statutes, as the same may be amended
from time to time.
Section 4. Powers and Duties of the Authority.
The purpose of the Authority shall be to assist health facilities in the acquisition,
construction, financing and refinancing of projects. For this purpose, the Authority shall have
all the powers conferred by State law, including, but not limited to those powers conferred under
Chapter 154, Part III, and Chapter 159, Part II, Florida Statutes, all of which provisions of State
law are incorporated herein by reference, as the same shall be amended from time to time.
These powers shall include, but not be limited to the power:
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(a) To adopt an official seal and alter the same at its pleasure.
(b) To maintain an office at such place or places in the City as it may designate,
including space in City Hall.
(c) To sue and be sued in its own name and to plead and be impleaded.
(d) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the
acquisition, construction, operation or maintenance of any project.
(e) To construct, acquire, own, lease, repair, maintain, extend, expand, improve,
rehabilitate, renovate, furnish and equip projects and enter into construction contracts in
connection therewith and to pay all or any part of the costs thereof from the proceeds of bonds
of the Authority or from any contribution, gift, or donation or other funds made available to the
Authority for such purpose.
(d) To make and execute loan agreements, agreements of lease, contracts, deeds,
mortgages, notes and other instruments necessary or convenient in the exercise of the powers
and functions conferred upon the Authority by this Ordinance or otherwise by law.
(e) To sell, lease, exchange, mortgage, transfer or otherwise dispose of, or to grant
options for any such purposes with respect to any project, or any real or personal property or
interest therein.
(f) To pledge or assign any money, rents, charges, fees or other revenues and any
proceeds derived from the sale of property, insurance or condemnation awards.
(g) To fix, charge, and collect rents, fees and charges for the use of or the financing
of any project.
(h) To issue bonds and notes for the purpose of providing funds to pay all or any part
of the cost of any project or any other lawful purpose and to issue refunding bonds or notes.
(i) To employ consulting engineers, architects, surveyors, attorneys, accountants,
financial experts and such other employees and agents as may be necessary in its judgment,
including employees of the City to the extent approved by the Commission, and to fix their
compensation.
0) To acquire existing projects and to reimburse any health facility for the cost of
such project in accordance with an agreement between the Authority and the health facility;
however, no such reimbursement shall exceed the total cost of the project as determined by the
health facility and approved by the Authority.
(k) To acquire existing projects and to refund outstanding obligations, mortgages, or
advances issued, made or given by a health facility for the cost of any project.
(1) To charge to, and equitably apportion among health facilities its administrative
costs and expenses incurred in the exercise of the powers and duties conferred by this
Ordinance, and to otherwise charge fees and costs in connection with a health facility financing.
(m) To mortgage any project and the site thereof for the benefit of the holders of the
bonds issued to finance such project.
(n) To participate in and to issue bonds for the purpose of establishing and
maintaining a self - insurance pool pursuant to Section 627.357, Florida Statutes, as the same may
be amended from time to time, on behalf of a health facility or a group of health facilities in
order to provide for the payment of judgements, settlements of claims, expenses or loss and
damage that arises or is claimed to have arisen from an act or omission of the health facility,
its employees or agents in the performance of health care or health care related functions.
(o) To issue special obligation revenue bonds for the purpose of establishing and
maintaining self insurance pools and to provide reserve funds in connection therewith, which
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bonds shall be payable from funds available in the pool from time to time or from assessments
against participating health facilities for the purpose of providing required contributions to the
fund or from such other sources as may be permitted by State law. Such bonds shall be issued
in accordance with all other applicable provisions of State law.
(p) To keep a record of all its proceedings and be custodian of all books, documents
and papers filed with it and of its minute book or journal and official seal. The Authority shall
cause copies to be made of all its minutes and other records and documents and shall give
certificates under its official seal to the effect that such copies are true copies, and all persons
dealing with said Authority may rely upon such Certificates.
(q) To make a report to the Commission within the first 90 days of each calendar
year, of the Authority's activities for the preceding calendar year. Each report shall set forth
a complete operating and financial statement covering its operation during the year.
(r) To enter into interlocal agreements with other governmental bodies in connection
with the exercise of its powers hereunder, including, but not limited to the issuance of bonds,
pursuant to the authorization conferred by Chapter 163, Part I, Florida Statutes, as the same may
be amended rom time to time.
(s) To do all things necessary, as otherwise provided by law, to carry out the
purposes of this Ordinance.
Section 5. Payment of Expenses.
All expenses incurred in carrying out the provisions of this Ordinance shall be payable
solely from funds provided under the provisions of this Ordinance, and no liability or obligation
shall be incurred by the Authority beyond the extent to which moneys shall have been provided
under this Ordinance or otherwise.
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Section b. Notes of Authority.
The Authority is authorized from time to time to issue its negotiable notes for any
corporate purposes and renew from time to time any notes by the issuance of new notes, whether
the notes to be renewed have or have not matured, subject however, to any maturity limitations
prescribed by State law. The notes may be authorized, sold, executed and delivered in the same
manner as bonds. All such notes shall be payable solely from the revenues of the Authority,
subject only to contractual rights of the holders of any of its notes or other obligations then
outstanding.
Section 7. Revenue Bonds.
The Authority is authorized from time to time to issue its negotiable revenue bonds for
the purpose of paying all or any part of the cost of any project or projects authorized by law,
or pursuant to subsections (1) and (m) of Section 4 of this Ordinance for the purpose of paying
all or any part of the cost of acquiring existing or completed health facilities projects, or for any
other purpose permitted by law. In anticipation of the sale of such revenue bonds, the Authority
may issue negotiable bond anticipation notes and may renew the same from time to time, subject
however, to any maturity limitations prescribed by State law. Such notes shall be paid from any
revenues of the Authority available therefore and not otherwise pledged or from the proceeds
of sale of the revenue bonds of the Authority in anticipation of which they were issued. The
notes shall be issued in the same manner as the revenue bonds. Such notes and the resolution
or resolutions authorizing them may contain any provisions, conditions or limitation which a
bond resolution of the Authority may contain.
The revenue bonds and notes of every issue shall be payable solely out of revenues
provided therefore. Notwithstanding that revenue bonds and notes may be payable from a
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special fund, they shall be, and be deemed to be, for all purposes, negotiable instruments,
subject only to the provisions of the revenue bonds and notes for registration.
The revenue bonds may be issued as serial bonds or as term bonds, or the Authority, in
its discretion, may issue bonds of both types. The revenue bonds shall be authorized by
resolution of the members of the Authority and shall bear such date or dates; mature at such
time or times, not exceeding the maximum maturity provided by law; bear interest at such rate
or rates; be payable at such time or times; be in such denominations; be in such form, either
coupon or registered, or both; carry such registration privileges; be executed in such manner;
be payable in lawful money of the United States at such place or places; and be subject to such
terms of redemption, including redemption prior to maturity and such other provisions, as such
resolution or resolutions may provide. The Authority shall determine the form and manner of
execution of the bonds, including any interest coupons to be attached thereto, and shall fix the
denomination or denominations of the bonds and the place or places of payment of principal and
interest, which may be at any bank or trust company within or without the state. In case any
officer whose signature, or a facsimile of whose signature, shall appear on any bonds or coupons
shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same as if he had remained in office
until such delivery. The revenue bonds or notes may be sold at public or private sale for such
price or prices as the Authority shall determine. Pending preparation of the definitive bonds,
the Authority may issue interim receipts or certificates which shall be exchanged for such
definitive bonds.
Section 8. Refunding Bonds.
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The Authority is hereby authorized to provide for the issuance of revenue bonds for the
purpose of refunding any of its revenue bonds then outstanding or, to the extent permitted by
State law, any bonds issued by another public instrumentality which are then outstanding,
including the payment of any redemption premium thereon and any interest accrued or to accrue
to the earliest or subsequent date of redemption, purchase or maturity of such bonds.
The proceeds of any such revenue bonds issued for the purpose of refunding outstanding
bonds may, in the discretion of the Authority, be applied to the purchase or retirement at
maturity or redemption of such outstanding bonds either on their earliest or any subsequent
redemption date, or upon the purchase or at the maturity therof, and may, pending such
application, be placed in escrow to be applied to such purchase or retirement at maturity or
redemption on such date as may be determined by the Authority.
Any such escrowed proceeds, pending such use may be invested and reinvested in direct
obligations of the United States, in any obligations of which the principal and interest are
unconditionally guaranteed by the United States, in certificates of deposit or time deposits
secured by direct obligations of the United States, or in any obligations of which the principal
and interest are unconditionally guaranteed by the United States, in any other obligations as may
be permitted by law from time to time, maturing at such time or times as shall be appropriate
to assure the prompt payment, as to principal, interest and redemption, premium if any, of the
outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized
on any such investment may also be applied to the payment of the outstanding bonds to be so
refunded. After the terms of the escrow have been fully satisfied and carried out, any balance
of such proceeds and interest, income and profits, if any, earned or realized on the investments
thereof may be returned to the Authority for use or disposition by it in any lawful manner.
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All such revenue bonds issued for the purposes of refunding shall be subject to the
provisions of this Ordinance in the same manner and to the same extent as other revenue bonds
issued pursuant to this Ordinance.
Section 9. Security of Bondholders.
In the discretion of the Authority, any bonds issued under the provisions of this
Ordinance may be secured by a trust agreement by and between the Authority and a corporate
trustee, which may be any trust company or bank having the powers of a trust company within
or without the state. Such trust agreement or resolution providing for the issuance of such bonds
may pledge or assign the fees, rents, charges or proceeds, condemnation awards and other funds
and revenues to be received therefor, and may provide for the mortgaging of any project or any
part therof as security for repayment of the bonds. Such trust agreement or resolution providing
for the issuance of such bonds shall contain such provisions for protecting and enforcing the
rights and remedies of the bondholders as may be reasonable and proper and not in violation of
law, including convenants setting forth the duties of the Authority in relation to the acquisition
of property and the construction, improvement, maintenance, repair, operation and insurance of
the project or projects in connection with which such bonds shall have been authorized; the fees,
rents and other charges to be fixed and collected; the sale of any project or part thereof, or other
property; the terms and conditions for the issuance of additional bonds; and the custody,
safeguarding, and application of all monies. It shall be lawful for any bank or trust company
which may act as depositary of the proceeds of bonds, revenues or other money hereunder to
furnish such indemnifying bonds or to pledge such securities as may be required by the
Authority. Any such trust agreement or resolution shall set forth the rights and remedies of the
bondholders and of the trustee and may restrict the individual right of action by bondholders.
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In addition to the foregoing, any such trust agreement or resolution may contain such other
provisions as the Authority may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out the provisions of such trust agreement or resolution may
be treated as a part of the cost of the project or projects in connection with which bonds are
issued or as an expense of administration of such project, as the case may be.
Section 10. Payment of Bonds: No Liability of the Authority or the City.
Revenue bonds issued under the provisions of this Ordinance shall not be deemed to
constitute a debt, liability or obligation of the City of the State or any political subdivision
thereof, or a pledge of the faith and credit of the City or the State or any political subdivision
thereof, but shall be payable solely form the revenues provided therefor. All such revenue
bonds shall contain on the face thereof a statement to the effect that the Authority shall not be
obligated to pay the same or the interest thereon except from the revenues of the project or the
portion therof for which they are issued and that neither the faith and credit nor the taxing power
of the City or of the State or of any political subdivision thereof is pledged to the payment of
the principal of or the interest on such bonds. The issuance of revenue bonds under the
provisions of this Ordinance shall not directly, indirectly or contingently obligate the City or the
State or any political subdivision thereof to levy or to pledge any form of taxation whatever
therefore or to make any appropriation for their payment.
Section 11. No Liability of Authority Members.
Neither the members of the Authority nor any person executing the revenue bonds or
notes shall be liable personally on the revenue bonds or notes or be subject to any personal
liability or accountability by reason of the issuance thereof.
Section 12. Revenues.
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The Authority is hereby authorized to fix and to collect fees, rents and charges for the
services of the Authority in providing the financings or for the use of any project or projects and
any part or section thereof as provided by law. The Authority may require that the lessee,
owner or operator of any project or part therof shall operate, repair and maintain the project and
bear the cost thereof and other costs of the Authority in connection with the project or projects
as may be provided in the loan agreement, lease or other contract with the Authority, in addition
to other obligations imposed under such agreement or contract.
Section 13. Trust Funds.
Notwithstanding any other provisions of law to the contrary, all money received pursuant
to the provisions of this Ordinance whether as proceeds from the sale of bonds, sale of property,
insurance, or condemnation awards, or as revenues, shall be deemed to be trust funds, to be held
and applied solely as provided by law. The resolution authorizing the bonds of any issue or trust
agreement securing such bonds may provide that any of such moneys be temporarily invested
pending the disbursement therof and shall provide that any officer with whom, or any bank or
trust company with which, such moneys shall be deposited shall act as trustee of such moneys
and shall hold and apply the same for the purposes hereof, subject to such regulations as such
resolution or trust agreements may provide.
Section 14. Remedies.
Any holder of bonds issued by the Authority or of any of the coupons appertaining
thereto, and the trustee under any trust agreement, except to the extent the rights herein or by
law given, may be restricted by such trust agreement or the resolution authorizing the issuance
of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding,
protect and enforce any and all rights under the laws of the State or under such trust agreement
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or resolution authorizing the issuance of such bonds, or under any agreement of lease, loan
agreement or other contract executed by the Authority pursuant to this Ordinance, and may
enforce and compel the performance of all duties required by law or by such trust agreement or
resolution to be performed, including the fixing, charging and collecting of fees, rents and
charges. Holders of bonds or any interests therein shall have no remedy or cause of action
against the Authority or the City.
Section 15. Ne otig ability of Bonds.
All bonds issued under the provisions of this Ordinance shall have, and are hereby
declared to have, all the qualities and incidents, including negotiability, of investment securities
under the Uniform Commercial Code as adopted and modified by the State, but no provision of
such code respecting the filing of a financing statement to perfect a security interest shall be
deemed necessary for, or applicable to, any security created in connection with the issuance of
any such bonds.
Section 16. Tax Exemption.
(a) The exercise of the powers granted by this Ordinance will be in all respects for
the benefit of the people of the City for the increase of their commerce, welfare and prosperity,
and for the improvement of their health and living conditions, and, because the operation and
maintenance of a project by a health facility will constitute the performance of an essential public
function, neither the Authority nor a hospital institution shall be required to pay any taxes or
assessments upon or in respect of a project or any property acquired by the Authority under the
provisions of this Ordinance or upon the income therefrom and any bonds issued under the
provisions of this Ordinance, their transfer, and the income therefrom, including any profit made
on the sale thereof, shall at all times be free from taxation of every kind by the State, the City
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and municipalities and other political subdivisions in the State, except that such income shall be
subject to the tax imposed pursuant to the provisions of Chapter 220, Florida Statutes. Nothing
in this section shall be construed as exempting from taxation or assessments the leasehold or
other interest of any health facility organized for profit. If any project or any part hereof shall
be occupied or operated by any health facility organized for profit pursuant to any contract or
lease with the Authority, the property interest created by such contract or lease shall be subject
to taxation to the same extent as other privately owned property.
(b) Homes for the aged, or life care communities, however designated, which are
financed through the sale of the Authority's bonds on a financing arrangement, are exempt from
ad valorem taxation only in accordance with the provisions of Section 196.1975, Florida
Statutes.
Section 17. Legal Investment.
Bonds issued by the Authority under the provisions of this Ordinance are hereby made
securities in which all public officers and public bodies of the State and its political subdivisions
and all insurance companies, trust companies, banking associations, investment companies,
executors, administrators, trustees and other fiduciaries may properly and legally invest funds,
including capital in their control or belonging to them. Such bonds are hereby made securities
which may properly and legally be deposited with and received by any State or municipal officer
or any agency or political subdivision of the State for any purpose for which the deposit of bonds
or obligations of the State is now or may hereinafter be authorized by law.
Section 15. Validation.
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Bonds issued by the Authority, to the extent required by law, or otherwise at the option
of the Authority, may be validated in the manner prescribed by Chapter 75, Florida Statutes, as
the same may be amended from time to time.
Section 19. Approval by Commission.
The sale of bonds and notes authorized to be issued by the Authority hereunder shall be
subject to the prior approval of the Commission.
Section 16. Administrative Procedures.
The Authority may adopt administrative guidelines and procedures in connection with the
exercise of its powers hereunder which shall become effective upon approval by the
Commission. Such guidelines and procedures shall only be amended by the Authority with the
approval of the Commission.
Section 17. Commission May Abolish Authority.
The Commission shall have the power and authority at any time to abolish the Authority
by Ordinance; however, the Authority shall not be abolished until all bonded indebtedness
incurred pursuant to this Ordinance has been paid.
Section 18. Severabilitv.
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then the holding shall in no way affect
the validity of the remaining portions of this Ordinance.
Section 19. Inclusion in Code.
It is the intention of the Commission that the provisions of this Ordinance shall become
and be made a part of the City of South Miami Code; and that the sections of this Ordinance
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may be renumbered or relettered and the word "Ordinance" may be changed to "section,"
"article," or such other appropriate word or phrase in order to accomplish such intentions.
Section 20. Effective Date.
This Ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 15th day of August, 1995
ATTEST:
CITY CLERK
(SEAL)
READ AND APPROVED AS
TO FORM:
CITY ATTORNEY
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MAYOR
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CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: City Manager Eddie Cox
FROM: Chief Rafael P. Hernand J
DATE: August 1, 1995
SUBJECT: Officers of the Month
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I respectfully request the opportunity to introduce the following
Officers of the Month at the Commission meeting convening on August
15, 1995:
April, 1995 Officer Mario Diaz
May, 1995 Officer John Barzola
June, 1995 Sergeant Bill Fatool and
Detective Mark Masonis
In addition, the following Officers received Meritorious Service
Awards:
Officer Michael D'Angelo
Officer Armando Garcia
Officer Norma Waterman
We wish to congratulate all the officers for jobs well done.
Thank you in advance for your consideration. Please be assured of
our cooperation in all matters of mutual concern.
RH /esw
CC: All Department Personnel
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RE-
APPOINTING COMMISSIONER TOM CUNNINGHAM AS
COMMISSION LIAISON TO THE DADE LEAGUE OF"
CITIES, INC.
Whereas, the City of South Miami is a member of the Dade
League of Cities, Inc.; and
Whereas, the Commission desires to designate a Commission
Liaison; and
Whereas, Commissioner Tom Cunningham has served in this
capacity for the past year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section l: Commissioner Tom Cunningham is re- appointed for a
one -year term as Commission Liaison to the Dade League of Cities,
Inc., effective.October 1, 1995, through October 1, 1996.
PASSED and ADOPTED this 15th day of August, 1995.
Attest:
Ronetta Taylor
City Clerk
READ AND APPROVED AS TO FORM:
Approved:
Neil Carver
Mayor
08/09/1995 09:13 305- 821 -5229 RUSS MARCHNER ASSOCI PAGE 02/02
rMe Dade Cmmty I*A4= le of CM04 bace
7MO FAMWAY DBHF,, 06, MUM SLAKES, FLORMA 38014
(30 5) 557-1722 FAX (805) 821 -5228
o1C " Iki—?7
HON. HELEN L. MILLER
Commissioner, OWLocka
Heat Vie Prastdsot
HON. PAUL VOGEL, D.C.
Snooad Viol Pro4dent
HON', JUANrrA SMITH
Conmbsionoe, Florida City
71drid VIM P,rwidon
HON. DAVID PEARLSON
Commissiorret Mlsmi Basch
9
HON. JEFF MISHCON
Mayor, N. MIWW Bach
TVGMwurs
HON. JOHN & CAVALIER, JR.
Mary, Miami Springs
RoARD OF DMXCTORB
HON. JAAM E. BOGGESS
Councilman, Bd Harbour
HON_ THOMAS Z- GLICK
Councilman, Day Harbor bland
HON JAMES REEDER
Commusi.mer, Biscayne Park
vice
sde Co. School Board
'PB DEROSE
E1 Parud
Res"ve Dindor
RUBS MARCHNZR
GwArat Counael
HOWARD 0. LENARD
TO: Voting members of the Dade League of Cities: Mun ipalities,
Metropolitan Dade County and the Dade County School Board
FROM: Dade County League of Cities
SUBJECT: Appointment to Dade League Board of Directors for 1995 -1996
Business Year
DATE: August 8, 1995
101Q"' Do=
,N CALDWELL
In accordance with Article III, Section 1 and 2 of the By -laws of the Dade County
a Hialeah
League of Cites, Inc., you are respectfully requested to appoint or reappoint your
OG.�rd a
duky appointed representative to the Board of Directors for 1966 -1968, effective
i SHIM
October 1, 1995.
MM FIMMR
z OIRZILLY
Please have the Dade League office notified of you Representative by August 31,
W' scene
1995, either by letter, fax at 821 -5228 or by phone, 557 -1722.
SORROW
BURKE
Thank you.
Metro�Dade County
DO (WILLY) GORr
, Miami
►M J. HEFFERNAN
[ON. JAY R. CHERNOFF
ouneilsun, North Miami Beach
[ON: ROBERT B. INGRAM, Ph.D.
Wpr. Opa.Locka
[ON. T014 CUNNINGHAM
omattiMioner, South Miami
[ON. PAUL D. NOVACK
Bssrhide
[ON.';CECILIA HOLTZ ALONSO
ouscilwoman. Sweetwater
[ON. ZbMIO GUERRA
ouricilman, V *nla Gardens
[ON. REBECA BONA
laym West Miami
MIT PRrAEDZNT8
[ON.' JAMES T. BARKER
ommissioner. Corsi Gabbs
[ON. RUTH L. CAMPBELL
ouuciiwoman. HomAstead
10111: JOSEPH J. GARDNER
ouneitran, Bay Harbor Islands
[ON JOIN KURZMAN
ice!. Mayor, North Miami Beach
[ON', RAUL L, MAMNEZ
["or. Hiblah
[ON[ J.L PLUMMER. JR.
'ommissioner. Miami
-- C=TY OF SOUTH Ni =AM=
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission Date: August 11, 1995
From: Eddie Cox
City Manager
I
Agenda Item # 6
Re: Comm. Meeting 8/15/95
Rescinding Resolution
No.126 -95 -9675
The attached resolution rescinds previously approved resolution #
126 -95 -9675, which authorized the City Manager to enter into a
contract with Barnett Bank for a five (5) year period to pay for
the computer network equipment approved for the Finance and
Building and Zoning Departments.
The rescinded resolution is being replaced with an ordinance
authorizing a four -year contract with a one -year option at the end
of the contract. This change is in compliance with the City
Charter which prohibits the term of a contract extending beyond
four years.
a \Rescinding
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RESCINDING
RESOLUTION NO. 126 -95 -9675.
Whereas, the City Commission adopted Resolution No. 126 -95-
9675, on August 1, 1995; and
Whereas, it is the desire of the City Commission to rescind
this document.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: 1 Resolution No. 126 -95 -9675, adopted August 1, 1995
is hereby rescinded in its entirety.
PASSED and ADOPTED this 15th day of August, 1995.
Attest:
Ronetta Taylor
City Clerk
READ AND APPROVED AS TO FORM:
Approved:
Neil Carver
Mayor
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: City Manager Eddie Cox �"
�fj�JA
FROM: Chief Rafael P. Hernand J NC
DATE: August 1, 1995
SUBJECT: Officers of the Month
-----------------------------------------------------------------
-----------------------------------------------------------------
I respectfully request the opportunity to introduce the following
Officers of the Month at the Commission meeting convening on August
15, 1995:
April, 1995 Officer Mario Diaz
May, 1995 Officer John Barzola
June, 1995 Sergeant Bill Fatool and
Detective Mark Masonis
In addition, the following Officers received Meritorious Service
Awards:
Officer Michael D'Angelo
Officer Armando Garcia
Officer Norma Waterman
We wish to congratulate all the officers for jobs well done.
Thank you in advance for your consideration. Please be assured of
our cooperation in all matters of mutual concern.
RH /esw
CC: All Department Personnel
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RE-
APPOINTING COMMISSIONER TOM CUNNINGHAM AS
COMMISSION LIAISON TO THE DADE LEAGUE OF"
CITIES, INC.
Whereas, the City of South Miami is a member of the Dade
League of Cities, Inc.; and
Whereas, the Commission desires to designate a Commission
Liaison; and
Whereas, Commissioner Tom Cunningham has served in this
capacity for the past year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: Commissioner Tom Cunningham is re- appointed for a
one -year term as Commission Liaison to the Dade League of Cities,
Inc., effective October 1, 1995, through October 1, 1996.
PASSED and ADOPTED this 15th day of August, 1995.
Attest:
Ronetta Taylor
City Clerk
READ AND APPROVED AS TO FORM:
J
Approved:
Neil Carver
Mayor
08/09!1995 09:13 305 -821 -5228 RUSS MARCHNER ASSOCI
PAGE 02/02
The
Dade
*am
Comty %A%.#
Ab
7480 FAMWAY DRIVE, i206, i4IIAM LAKES, FLORIDA 38014
(305) 557 -1722 FAX (805) 891.5988
011lCz=
Peeeddam
LION. HELEN L. MILLER
Commissioner, Opa -Locks
lust Vim Peaddwt
HON. PAUL VOGEL, D-C.
Mayor N. Bay Villa=s
Baaaod VW* Preddat
HON. JUANITA SMITH
Cosnmissimner, Florida City
72dm Vlae Peeddwt
HON. DAVID PEARLSON
Commissioner, Miami Beach
esesrttity
HON. JEFF MISHCON
Mayor, N. Miami Beach
Tro wswr
HON. JOHN A. CAVALIER, JR.
Mayor, Miami Spring
BOARD OF DIRZCTORB
HON. JAMS$ E. BOGGESS
Councilman, Bel Harbour
HON. THOMAS E. GLICK
Councilman, Bay Harbor Island
HON. JAMES REEDER
Commissioner, Biscayne Park
HON. WAYNE WITHERS
Commissioner. Cord Gables
HON. BETSY KAPLAN
Chairperson. Dads Co School Board
HON. PHILLIPPE DEROSE
Commissioner El Portal
HON. R.9. SHIVER
Vice Mayor, FIVA" City
HON. KERRY ROSENTHAL
Councilman, Golden Elm
HON: CARMEN CALDWELL
Caincliwomaa, Hialeah
HON. CILDA OLIVEROS
Ma"r, Hialeah Gardens
ICON. STEVE SHIVER
Cwncilmaa, Homestead
HON. KENNETH FISHER
Mayor, Indian Crook
HON. HUGH T. O'REILLY
Councilman, Key Biscayne
HONK_ JACK MORROW
Mayor, Medley
HON. JAMS BURKE
Commissioner, Metro•Dode County
HON WIFSEDO (WILLY) GORT
Commissioner, Mktml
HON. WILLIAM J. HEFFERNAN
Councilman, MINW Shaun
HON. ED CONLON
Vice Mayor, Miami Bprlegs
HON. IRVING LEIGHTON
Via Mayor, North Bey Village
HON. FRANK WOLLAND
Councilman North Miami
HON. JAY R. CHERNOFF
Councilman, North Miami Be"
HON. ROBERT B. INGRAM, Ph D.
Mayor, Ops -Locks
HON. TOM CUNNINGHAM
Commissioner, South Miami
HON. PAUL D- NOVACK
MaM, Surfside
HON. CECILIA HOLTZ ALONSO
Councilwoman, Sweetwater
HON. EMILIO GUERRA
Councilman. Virginia Gardens
HON. REBECA Sam
Mayor. West Miami
PART PRESIDENTS
HON. JAAW T. BARKER
Commissioner, Coral Gables
HON. RUTH L. CAMPBELL
Councilwasam Homestead
HON. JOSEPH J- GARDNER
Couneilnsen, Bay Harbor Islands
HON. JOHN KUBZMAN
Vice Mayor, North Miami Beach
MON. RAUL L. MARTINEZ
Mayor. Hialeah
HON. J.L PLUMMER, JR.
Commissions+, Miami
0
Roseutiw Director
atlas MARCHNZR
Gen" Counsel
HOWARD B. LENARD
TO: Voting members of the Dade League of Cities: Municipalities,
Metropolitan Dade County and the Dade County School Board
FROM: Dade County League of Cities
SUBJEC1. Appointment to Dade Lie Board of Directors for 1995 -1996
Business Year
DATE: August 8, 1896
In accordance with Article III, Section 1 and 2, of the By -laws of the Dade County
League of Cites, Inc., you are respectful► requested to appoint or reappoint your
du(y appointed representative to the Board of Directors for 1995.1986, effective
October 1, 1995.
Please have the Dade League office notified of you Representative by August 31,
1995, either by letter, fax at 821 -5= or by phone, 557 -1722.
Thank you.
Ll
C =Z'Y ®F S ®TJTH M =AM=
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: Eddie Cox
City Manager
I
Date: August 11, 1995
Agenda Item #
Re: Comm. Meeting 8/15/95
Rescinding Resolution
No.126 -95 -9675
The attached resolution rescinds previously approved resolution #
126 -95 -9675, which authorized the City Manager to enter into a
contract with Barnett Bank for a five (5) year period to pay for
the computer network equipment approved for the Finance and
Building and Zoning Departments.
The rescinded resolution is being replaced with an ordinance
authorizing a four -year contract with a one -year option at the end
of the contract. This change is in compliance with the City
Charter which prohibits the term of a contract extending beyond
four years.
a \Rescinding
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RESCINDING
RESOLUTION NO. 126 -95 -9675.
Whereas, the City Commission adopted Resolution No. 126 -95-
9675, on August 1, 1995; and
Whereas, it is the desire of the City Commission to rescind
this document.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: Resolution No. 126 -95 -9675, adopted August 1, 1995
is hereby rescinded in its entirety.
PASSED and ADOPTED this 15th day of August, 1995.
Attest:
Ronetta Taylor
City Clerk
READ AND APPROVED AS TO FORM:
it
Approved:
Neil Carver
Mayor
..rnr.
: C=7CY i7F S ®UZ'H M =AM=
TrINTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: August 10, 1995
F m: Eddie Cox 4
City Manager
Agenda Item #;
Re: Comm. Mtg. 0815/95
Payment to Municipal Code
Corporation
The attached resolution provides payment to Municipal Code
Corporation, of Tallahassee, for updating the City's Land
Development code. The Corporation provides the City with timely
and systematic updating of the Code, and is the sole provider of
this service.
The cost of the updating services was $1,524.12 (copy of invoice
attached) and will be paid from account number 1610 -3450,
"Contractual Services."
I recommend approval.
almunicipW-&
I RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA AUTHORIZING THE EXPENDITURE BY
4 THE ADMINISTRATION OF A SUM NOT TO EXCEED $1,524.12 FOR
5 PAYMENT OF SERVICES RENDERED BY MUNICIPAL CODE
6 CORPORATION FOR UPDATING THE LAND DEVELOPMENT CODE AND
7 PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1610 -3450
8 "CONTRACTUAL SERVICES."
9
10 WHEREAS, the Building, Zoning and Community Development
11 Department seeks to provide for the timely and systematic updating
12 of the City's Land Development Code, in order to create a more
13 effective document; and,
14 WHEREAS, many recent revisions to the Land Development Code
15 have created an intensified need for the updating of the document
16 in a timely and systematic manner; and,
17
18 WHEREAS, Municipal Code Corporation is the sole provider of
19 this service in the State of Florida and has provided excellent
20 service to the City in regard to the Land Development Code.
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
23
Section 1.
That Municipal Code Corporation is the
sole
24
provider in the State of Florida for updating services and
has
25
provided excellent
service to the City in regard to the
Land
26
Development Code.
27
Section 2.
That the administration is authorized
to
28
disburse the sum of
$1,524.12 to Municipal Code Corporation
for
29
the payment of services rendered in the updating of the
Land
30
Development Code.
31
Section 3.
That the disbursement be charged to account
32 number 1610- 3450, "Contractual Services."
33 PASSED AND ADOPTED this day of , 1995.
34
35
36 ATTEST:
37
38
39
40
41
I
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
- --- r
MUNICIPAL CODE CORPORATION INVOICE
318'
PHONE (904) 576 -3171
CC P.O. BOX 2235
TALLAHASSEE, FLORIDA 32316
01266;'
SOLD CI P Uf- SUUI'H MIAMI, FL
TO BILL MACKEY, CI'1'Y PLANNER
61;50 SUNUE'T DRIVE
SOUTH MIAMI, FL 3::;14:5
L J >
59- 06490',
Add $ per month late charge if paid after 30 days from invoice date.
Interest will be charged at the rate of 1 -112% per month on the unpaid
balance of any account remaining unpaid more than 30 days after invoice date.
1.54.1:
I E'�je
C == C31F SOUTH M =AM=
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
Frpfi. E die Cox
City Manager
n
Date: August 11, 1995
Agenda Item # 9
Re: Comm. Meeting 8/15/95
Independent Audit Services
Sharpton, Brunson & Co.
Resolution #114 -94 -9515 authorized the City Manager to enter into
an agreement with this firm for fiscal years ending September 30,
1994 and 1995.
The attached resolution authorizes the City Manager to sign an
agreement letter with Sharpton, Brunson & Company, CPA, to provide
independent audit services for the current fiscal year ending
September 30, 1995.
I recommend approval.
a \audit.svc
1 RESOLUTION NO.
2
3
4
5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
6 SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN THE
7 ENGAGEMENT LETTER RECEIVED FROM SHARPTON, BRUNSON & COMPANY,
8 P.A. CERTIFIED PUBLIC ACCOUNTANTS, TO PROVIDE INDEPENDENT
9 AUDIT SERVICES FOR FISCAL YEAR ENDING SEPTEMBER 30, 1995.
10
11
12
13 WHEREAS, Article IV, Section 3E of the City Charter of South
14 Miami requires the City Commission to designate a qualified
15 independent Certified Public Accountant to review, examine and
16 report on all fiscal matters; and
17
18 WHEREAS, pursuant to Resolution 4114 -94 -9515 authorization
19 was given to the City Manager to enter into an agreement with
20 Sharpton, Brunson and Co. to provide independent auditing services
21 for fiscal years ending September 30, 1994 and 1995; and
22
23 WHEREAS, the City Manager has now received an engagement
24 letter from Sharpton, Brunson and Co. for the 1995 audit, and
25 requests authorization from the City Commission to sign the letter.
26
27
28
29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
30 SOUTH MIAMI, THAT:
31
32
33
34 Section 1. That the attached engagement letter, which is made
35 a part of this resolution, is in accord with the initial -resolution
36 approved for these services.
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
P
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2
3
4
5
6
7
8
9
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14
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21
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mr
Section 2 That the City Manager- is authorized to sign the
engagement letter for fiscal year ending September 30, 1995 audit
services with Sharpton, Brunson and Company, P.A.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of August, 1995.
APPROVED:
MAYOR
Sharpton, Brunson & Company, P.A.
CERTIFIED PUBLIC ACCOUNTANTS
ONE SOUTHEAST THIRD AVENUE, SUITE 2100, MIAMI, FLORIDA 33131
TELEPHONE: (305) 374 -1574 / FACSIMILE: (305) 372 -8161
July 12, 1995
Eddie Cox, City Manager
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Dear Mr. Cox:
This letter sets forth our understanding of the terms and objectives of our engagement, the
nature and scope of the services we will provide, and the related fee arrangements.
We will audit the City of South Miami's (City) financial statements as of and for the year
ended September 30, 1995, in accordance with generally accepted auditing standards, and the
standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States and OMB Circular A -128, "Single Audits of State and
Local Governments "; as well as AICPA standards and procedures and requirements of federal and
state agreements and statutory requirements to the extent required by applicable auditing
standards. The audit services provided shall comprise the preparation of the Comprehensive
Annual Financial Report for the City.
As a part of our audit, we will consider the City's internal control structure and assess
control risk, as required by generally accepted auditing standards, for the purpose of establishing
a basis for determining the nature, timing and extent of auditing procedures necessary for
expressing our opinion concerning the financial statements and not to provide assurance on the
internal control structure.
We will prepare a separate written report on our understanding of the City's internal
control structure and the assessment of control risk made as part of the financial statement audit.
Our report will include: (1) the scope of our work in obtaining an understanding of the internal
control structure and in assessing the control risk, (2) the City's significant internal controls or
control structure including the controls established to ensure compliance with laws and regulations
that have a material impact on the financial statements, and (3) the reportable conditions, including
the identification of material weaknesses, identified as a result of our work in understanding and
assessing control risk.
i
Page Two
Sharpton, Brunson & Company, P.A.
Compliance with laws, regulations, contracts, and grants applicable to the City is the
responsibility of the City's management. As part of obtaining reasonable assurance about whether
the financial statements are free of material misstatements, we will perform tests of City's
compliance with certain provisions of laws, regulations, contracts, and grants. However, our
objective is not to provide an opinion on overall compliance with such provisions.
We will prepare a separate written report on our test of compliance with applicable laws
and regulations. This report will contain a statement of positive assurance on those items which
were tested for compliance, negative assurance on those items not tested, and a description of all
material instances of noncompliance.
At the conclusion of the engagement, the City's management will provide to us a
representative letter that, among other things, will confirm management's responsibility for the
preparation of, the financial statements in conformity with generally accepted accounting
principles, the availability of financial records and related data, the completeness and availability
of all minutes of board of directors and 'committee meetings, and the absence of irregularities
involving management or those employees who have significant roles in the control structure.
We understand that our reports on the internal control structure as part of the financial
audit and on compliance with laws and regulations are intended for the information of the audit
committee, management, and others within City of South Miami. This restriction is not intended
to limit the distribution of this report, which is a matter of public record.
A timetable to complete the engagement should be discussed and agreed upon as soon as
possible. We will require between three to four weeks to complete field work. A draft of our
report will be rendered within ten business days following completion of field work. Final reports
shall be issued no later than ten business days following our review of the preliminary draft of the
financial statements unless unexpected factors are encountered.
This estimate may not be achievable if problems are encountered with regard to the
condition of the accounting records or their completeness. If such problems are discovered, we
will discuss the matter with you immediately in order that we can reach an agreement as to the
resolution of the situation.
Our fee for the above services will be $26,800, plus out -of- pocket costs not to exceed
$600. The City of South Miami will be billed monthly as the work progresses with payment due
upon presentation. This Agreement shall commence as of the date first written above, for the
purpose of auditing the financial statements of the City for the fiscal year October 1, 1994 through
September 30, 1995 with the City reserving the right to extend this Agreement on an annual basis
for four (4) additional fiscal years subject to mutual agreement by the Auditor and the City.
I
Sharpton, Brunson & Company, P.A. Page Three
May we remind you that the responsibility for the preparation of financial statements
including adequate disclosure is that of the management of the company. This includes the
maintenance of adequate accounting records and internal controls, the selection and application
of accounting policies, and the safeguard of the assets of the company. As part of our audit
process, we will request from management written confirmation concerning representation made
to us in connection with the audit.
We look forward to full cooperation from your staff and we trust that they will make
available to us whatever records, documentation and other information requested in connection
with our audit.
Please sign and return the enclosed copy of this letter to indicate that it is in accordance
with your understanding of the arrangements for our audit of * financial statements.
You very truly
SHA�PTON, PAUNSON & COMPANY, P.A.
Accepted:
By:
Title:
Date:
SHARPTON, BRUNSON & COMPANY P.A.
FEE EXPLANATION AND AGREEMENT
A. Fee Structure
From time to time, we get inquiries concerning our method of charging fees. This is
understandable since each CPA firm handles fees a little differently and some new clients
may not have used a CPA before. This letter is our tool for communicating our fee
structure to our clients and other interested parties.
B. Basics
All time spent by partners of Sharpton, Brunson,& Company or their staff members on
your matters including, but not limited to (a) accounting; (b) review work; (c) conferences;
(d) report preparation; (e) research; (f) telephone calls; (g) settlement negotiations; (h)
consulting; or (i) tax preparation and research will be billed at the applicable hourly rates.
Each staff member maintains accurate time records, and clients are billed based on actual
time spent on their behalf. Since we sell no products and accept no contingent fees, our
time and expertise is our only source of income.
C. Hourly Rates
A standard hourly rate is set for each staff member based on the criteria of experience and
ability. If no extenuating circumstances exist, clients are billed using standard hourly rates
multiplied by the actual hours worked.
Hourly rates vary substantially among staff members -- currently from a low of $55 to a
high of $165 per hour. Accordingly, it makes sense to use less experienced staff members
to perform routine accounting procedures to achieve the lowest hourly rate.
D. Out -of- Pocket Expenses
Basic overhead costs are included in the hourly rates. Expenses specifically on behalf of
a client is charged to them. Travel, postage, copies, long distance calls, courier services,
etc. are included in this category.
Q
E. Billings
Billings will be made monthly, but less frequent for limited activity, and are payable in
full upon request. If the account has not been paid within 30 days from the date of
invoice, a finance /interest charge of 10% per annum on the unpaid balance could be
charged. It is understood that Sharpton, Brunson & Company has the right to defer
rendering further services until payment is received on past -due billings. If action is
instituted to collect accountant's fees and cost pursuant to this Agreement, the undersigned
client agrees to pay such sum as the court may fix as attorney's fees and costs.
F. Retainer
A retainer in the sum of $5,000 is to be paid before work proceeds. Initial services
rendered are to be first applied to the retainer fee.
G. Termination
It is understood between the parties that this Agreement could be terminated for good
cause by either party upon thirty days of written notice.
BRUNSON (& COMPANY, P.A.
By: C Dated: _7
Mr. 4thonABrv9J6
The undersigned acknowledges reading and understanding the foregoing Fee Explanation and
Agreement, agrees to the terms thereof, and acknowledges receiving a copy thereof.
CITY OF SOUTH MIAMI
By:
Mr. Eddie Cox
Dated:
114 -94 -9515
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH SHARPTON, BRUNSON & COMPANY,
P.A. CERTIFIED PUBLIC ACCOUNTANTS, TO PROVIDE
INDEPENDENT AUDIT SERVICES FOR FISCAL YEARS
ENDING SEPTEMBER 30, 1994 AND 1995.
WHEREAS, Article IV, Section 3E of the City Charter of
South Miami requires the City commission to designate a qualified
independent Certified Public Accountant to review, examine and
report on all City fiscal matters; and
WHEREAS, the firm of Sharpton, Brunson & Company, P.A.
has been selected to provide independent auditing services for the
City of South Miami after interviews with other auditing firms; and
WHEREAS, the City Manager recommends the awarding of the
auditing contract to Sharpton, Brunson & Company, P.A. as in the
best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to execute the attached contract which is made a part of
this Resolution, with Sharpton, Brunson & Company, P.A. for
independent auditing services for the fiscal years ending September
I
30, 1994 and 1995.
Section 2. Pursuant to the aforesaid contract, the fee
for each fiscal year described in Section 1 will not exceed
$26,000, plus out of pocket costs not to exceed $600.00.
Section 3. Upon the recommendation of the City Manager
and approval by the city commission the independent Auditors'
contract with Sharpton, Brunson & Company, P.A. may be extended in
future fiscal years.
PASSED AND ADOPTED this 4th
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
9
day of
APPROVED:
MAYOR
, 1994.
AYOR r- Rv-P,
h
YEA i fist
1gy
C TY O F SOUTH M=A.M =
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
Fr ddie Cox
City Manager
q
Date: August 10, 1995
Agenda Item 1
Re: Comm. Mtg. 08/15/95
Purchase of Diagnostic
Equipment
A few months ago, I recognized the need for upgraded tools and
equipment in the motor pool division of Public Works. Mechanics
are required to work on vehicles and provide preventative
maintenance without the tools necessary to cost - effectively
complete the job and reduce down time on out of service vehicles.
The department requested bids on diagnostic equipment that will
meet the present and future needs of the City's fleet of vehicles.
This purchase is needed to improve fleet maintenance presently
practiced by the Public Works Department. The purchase of
diagnostic equipment would allow the mechanics in the motor pool
division to assess the current level of operation of each vehicle
and better ascertain how to fix problems that arise.
Since 1985, all vehicles manufactured in the United States utilize
computers to electronically monitor and operate a number of
vehicular operations. Those computers also provide information on
how the vehicle is operating. Diagnostic equipment allows
mechanics to take much of the guess work out of vehicle repair by
not only telling the mechanic what system was not operating
correctly, but which parts are going bad. In come cases, repairs
can be made prior to the actual breakdown of the equipment, saving
time and money.
The equipment selected for purchase is the Bear Pace 200 Engine
analyzer system at a cost of $14,924.00. This represents the
lowest competitive price for equipment that would fit the present
and future needs of the City's fleet.,
The funds for this equipment under account number 1760 -6430
"Operating Equipment ".
a\rliagn— equip
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
4 DISBURSE UP TO THE SUM OF $14,924.00, FOR THE PURCHASE OF
5 DIAGNOSTIC EQUIPMENT FOR USE BY THE PUBLIC WORKS
6 DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO.
7 1760 -6430 "OPERATING EQUIPMENT ", DIAGNOSTIC EQUIPMENT.
8
9 WHEREAS, the Public Works Department has instituted a program
10 to improve and institute a viable fleet maintenance program, and;
11 WHEREAS, since 1985, all vehicles sold in the United States of
12 America, have been designed with an on board computer system which
13 communicates with today's diagnostic equipment to make maintenance
14 and repair more accurate, and;
15 WHEREAS, the City of South Miami has identified Bear
16 Automotive Service Equipment Company as the vendor providing the
17 lowest quote on this type of equipment from a group of three (3)
18 vendors, and;
19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
21 Section 1. That the City Manager received three proposals
22 from the following vendors of diagnostic equipment;
23 a. Bear Automotive Service Equipment Company:
24 Bear Pace 200 Engine analyzer with four (4)
25 gas analyzer. Cost $14,924.00 (Government
26 Pricing) See Exhibit "A".
27 b. Mac Tools: Ultra Pro CD based diagnostic
28 equipment cost $19,000.00 See Exhibit "B".
29 C. Baez Equipment Service: CAS System CD based
30 diagnostic Equipment . Cost $21,522.00. See
31 Exhibit "C ".
32 Section 2. The City Manager be, and is hereby authorized to
33 disburse the sum of $14,924.00 to Bear Automotive Service Equipment
34 Company, for the purchase of a Bear Pace 200 Workstation, with a
35 model 40 -170 Engine analyzer Module, an enhanced monitor 4000 scan
36 tool featuring the OBDII that covers 1979 to 1994 vehicles Ford
37 data stream and Chrysler CCD body, Transmission, ABS and body
38 computer trouble shooting, for the Public Works Motor Pool
39 division.
40 Section 3. That the purchase price excludes the optional 24
41 pin Okidata printer.
1
2
3
4
5
6
7
Section 4. That this resolution shall be effective
immediately and after adoption hereof.
PASSED AND ADOPTED this day of August, 1995.
APPROVED:
ATTEST:
8
9 City Clerk
10 READ AND APPROVED AS TO FORM:
11
12
9
CITY ATTORNEY
MAYOR
"ROM P DE SOTO CMAT MAC TOOLS AES PHONE NO. 3 05 273 0342
� l_ r� 0 : q
Jul. 27 1995 11:16AM P02
EXHIBIT "B"
PETER DESOTO MIAMI, EL ORIOA TEUfA?C: 305 -E73 -0342
AUTOMOTIVE EcUtPMEMT SPECiAUBT
The 01tra Pro diagnostic machine which Is oomputer based
with CD rom Drive and 91so 4. Gres Exhaust analyzer equipped
Is the type (.) acslnputex c� 3.f :�rgac�st ie in "ohine c ap�%bl e, of workIng
on today! 9 oars as well as the more sopb.1 stlopted 00mr-t1atex
controlled cars of the fLturn.
Because It is computer based with CD ROM Driv'h--it can be
easily Updated to adapt to new testILIF
techniques on future
--automobiles,
The program Is very user friendly and I_ can provIde free
on site tra inLng & . support.. Z have fleet maintenones experience~',
as well fig ABE certification In jiutomobile Advanced Engine
Performance.
ULTYU1 PRO 1 YB Warranty P1. L
4 Gas EXHAUST ANALYZER
PAINTER
LESS 10% DISCOUNT
Your Price
We also have a special Extended warranty
available to cover the yrs. 2 thru 5 'P&L !
A
15995
4995
z
$21.515
:.x.1151.. 50
$19363
$ 2000
BAEZ EQUIPMENT CO., INC.
Distributors of Automotive Service
EXHIBIT "C"
Equipment, Tools, Parts & Supplies
6864 S.W. 8th Street
MIAMI, FLORIDA 33144
PLEASE INDICATE THE ABOVE NUMBER WHEN ORDERING
(305) 264 -8001
FAX (305) 264.8007
TO CITY OF SOUTH SOUTH MIAMI
4775 SW 75TH AVE.
QUOTATION DATE
SALESPERSON
MIAMI, FLORIDA, 33155
3/20/95
EVILIA
INQUIRY DATE
INQUIRY NUMBER
ATTN.: MR. TOOKS x
3/20/95
—0—
PH.: 261 -3791
,
... ` , w ESTIMATED SHIPPING DATE ..p TERMS
,
2 TO 3 WEEKS
BEST WAY
FACTORY
0UANTIT1(:
� e 'r "'-
1�..�
,.PRIC E
AMOUNT
U
1
CAS ENGINE ANALIZER CONTAINING:
i
j
1— AXG- 120 -01 AXXESS GUIDE
1 —OPT- 100 -13 TIMING LIGHT
1 —OPT- 100 -41 PRINTER
1 —OPT- 100 -11 4 GAS ANALIZER
1 -3325 4000 SCANNER
1- 212536 CABLE FROM CAS TO SCANNER
NET FOB DESTINATION
21,250100
i
I
i
I
i
I
t
i
i
I�
NE ARE PLEASED TO SUEMIT THE ABOVE OUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER. BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION THIS
0 OTATION IS SUBJECT TO THE CONDITIONS PRINTED ON REVERSE SIDE. AND IS VAUD FOR
DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE
r
BY "-' C' �i!T �' f��' ACCEPTED
i7 L • —
DATE -� Y�
40% Pre C Wtsumw CJnlenl - 10% Post-Cor w ner Contem
r;N AND IiFT' _'-L0VW ACCEPTANCE COPY WHEN ORDERING
�1ltllh' ( 1F3(L
AUTOMOTIVE DIAGNOSTICS EXHIBIT "A"
A division of SPX Corporation
FACTORY SALE ORDER FORM
SELLER AUTOMOTIVE DIAGNOSTICS, SPX CORPORATION Order date:
8001 ANGLING ROAD, KALAMAZOO, MICHIGAN 49002
j Purchase Order No.:
CUSTOMER 4C /'T y ®f 90 c.?H J/3/ / ,*M / BILL TO.
ArldrACR
C5tv/Rtnta
Zip code Telephone
County: 4140
Credit Card
TERMS
OF SALE � ONO
Lease 5' Other A)Sr 30
Address
City /State
Zip code Telephone
SNIP TO:
City /State
Zip code Telephone
PRODUCTION
CODE
ew
C3 Reconditioned
Demonstrator
Quantity
Model
Number
Description
Total
Amount
/
/9CGr 100 ,E'iV6i�ticr
.5�rr/.9G� Z�
W.-O-W 16 A S
Ty,Q�s-
/ylo
direct-
" 5d� C0 e, 0,z "W0It/,r -cD,'! -
4/96 51k_ 2 .Sm1-101 Z
�c l30 ew ,e
did
e- rr,44
rrGOn/D0VW-
n11r10,v
Students to attend class:
SUBTOTAL
/.3 903 Od
— % TAX
&;�-o7n
TOTAL
,3
LESS DOWN PYMT. (CK# )
asdm d training date:
BALANCE DUE
A esentative '?2 6 signature
SERIAL
NUMBERS
District Vanacer approval and date
The undersigned agrees to all of the terms and conditions above and on the
reverse side hereof, which are made a part of this form.
Authorized purchaser signature and data
D
AUTOMOTIVE DIAGNOSTICS
A dvision of SPX Corporation EXHIBIT "A °'
FACTORY SALE ORDER FORM
SELLER AUTOMOTIVE DIAGNOSTICS, SPX CORPORATION Order date: d6 — 7- �c5
8001 ANGLING ROAD, KALAMAZOO, MICHIGAN 49002
Purchase Order No.:
CUSTUNER U/T `/ 107J A,711 aLL To. 0 u A rn4 ri o •J
Address Address
City/State City /State
Zip code Telephone Zip code Telephone
County: awa SHIP TD:
® Credit Card
TERMS
OF SALE ❑ CWO
O Lease ® Other
p New
PROOUC71ON
MOE 0 Reconditioned
® Demonstrator
Address
aty/State
Zip code
Telephone
Quantity
Model
Number
Description
Total
Amount
OT 3311
90 N "cffZj m p w o-o L, L-) p 00 v TU S
C
mb I G L_ I Am a, SPm a+- CH e--i %TLx-n_
e D -1. 17?_AVJ AlrP/4 th , u Tes
('C-33bs•$
�ATH'F►r�1'Dfs'iZ $p%T�Ji42$ R (T ER 9 -9 (fen JE72A6
y0
3'a 'S a
O )IJ _3__AjTbVLF1 l -A c$ IZ IT f #tile ,
A Lb �' soT�TvJ A2r. r-O2, F SGT IS PC.A
3,9 3 Oo
e lF SGi4rV 'rooL A r-A T' r- A I�RBtrIT/LT s
Students to attend class:
cEr.vG SUB TOTAL
/Sd..1 00
— % TAX
TOTAL
LESS DOWN PYMT. (CK# j
estimated braining date:
BALANCE DUE
A ywg� "�O- .6�
�a
motive Diagnostics Rejarp6entatrve /, date 6 signature
SERIAL /
NUMBERS
Distract Manager approval end date
The undersigned agrees to a# of the terms and conditions above and on the
reverse side hereof, which are made a part of this form.
Authorized purchaser signature and date
C =TY OF S (Diu r1cM M=AM=
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: August 4, 1995
�J
F m: die Cox Re: Agenda Item #IP
City Manager Comm. Mtg. 8/15/95
Payment to Metro -
Dade K -9 Services
The City of South Miami Police Department is committed to providing
the best possible service to our citizens. These efforts are
greatly enhanced through the use of a dual certified K -9 dog.
To provide maximum safety for the dog, the police officer and
vehicle, a K -9 vehicle insert (EZ Rider K -9 Container) should be
utilized. It provides greatly improved driver's view and affords
easy access for the K -9 to driver's area. Its use will eliminate
interior vehicle damage and reduce departmental and personal
liability since the K -9 will not be available to curiosity seekers.
I recommend approval.
RH /EC /sv
Attachments
,10
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
4 DISBURSE THE SUM OF $1,295 TO METRO -DADE K -9 SERVICES.
5 THIS REPRESENTS THE PURCHASE OF AN E -Z RIDER K -9
6 CONTAINER. THIS SUM WILL BE CHARGED TO 08- 1910 -6430
7 (FORFEITURE FUNDS).
8 WHEREAS, the City of South Miami Police Department is
9 committed to providing the best possible service to our citizens.
10 These efforts are greatly enhanced through the use of a dual
11 certified K -9 dog.
12 WHEREAS, to provide maximum safety for the dog, the police
13 officer and the vehicle, a K -9 vehicle insert (EZ Rider K -9
14 container) should be utilized. It will also provide greatly
15 improved driver's view over other inserts and afford easy access
16 for K -9 to driver's area.
17 WHEREAS, departmental and personal liability will be
18 significantly reduced since the K -9 will not be available to
19 curiosity seekers.
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
22 Section 1. The City Manager be, and hereby is authorized
23 to disburse the sum of $1,295 to Metro -Dade K -9 Services for the
24 purchase of an EZ Rider K -9 Container.
25 Section 2. That the disbursement be charged to account
26 number 08 -1910 -6430 (Forfeiture Funds).
27 Section 3. That this resolution shall be effective
28 immediately and after adoption hereof.
29 PASSED AND ADOPTED this day of 1995.
io
30
31
32
33
34
35
36
37
38
0
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
4 "
f F. UnTc
E K -9.
POLICE DOG TRAINING CENTER
FULLY TRAINED DOGS FOR SALE
PERSONAL PROTECTION • SCHUTZHUND • KNPV
DUAL PURPOSE• PATROL• NARCOTICS
HOME • BUSINESS
METRO —DADE K -9 SERVICES, INC. CAN PROVIDE FOR THE SOUTH
MIAMI POLICE DEPARTMENT THE FOLLOWING DOG(S):
FULLY TRAINED DUAL PURPOSE PATROL /NARCOTIC TRAINED DOG:
$6500.00
DOG(S) WILL BE OF THE GERMAN SHEPHERD AND /OR BELGIAN
MALINOIS BREED
DOG(S) WILL BE BETWEEN THE AGES OF 15 MONTHS TO 3 YEARS
THESE DOG(S) ARE GUARANTEED TO-BE GOOD.IN- BUILDINGS
(SLIPPERY FLOORS)
DOGS WILL HAVE FULL OBEDIENCE:TRAINING.
AGILITY
COMPLETE BITEWORK
ALL OF THE DOGS ARE TRAINED WITH-AGGRESIVF— ALERT IN SCENT
DETECTION OF:
MARIJUANA
COCAINE
CRACK COCAINE (BAZUCO)
HEROINE
HANDLER'S COURSE WITH METRO —DADE K -9 SERVICES CERTIFICATION.
ALSO; UNLIMITED USE OF METRO —DADE K -9 TRAINING FACILITIES
AND /OR INDIVIDUAL CONSULTATION AND TRAINING WITH OUR STAFF
TRAINING MANUAL AND ALL PERTINENT "FORMS FOR THE HANDLER
INCLUDING CANINE RECORDS
�l
17940 S.W. 168th Street • Miami, Florida 33187
(305) 37 8-9035
E Kw9
POUCE DOG TRAINING CENTER
FULLY TRAINED DOGS FOR SALLY
PERSONAL PROTECTION • SCHUTZHUND • KNPV
DUAL PURPOSE+ PATROL • NARCOTICS
HOME • BUSINESS
SAFETY AND PERFORMANCE ARE DEPENDENT UPON AN ADEQUATE SUPPLY
OF TOP QUALITY HANDLER AND TRAINING EQUIPMENT
EQUIPMENT LIST:
NOTE: THESE ARE APPROXIMATE PRICES; THEY ARE.SUBJECT TO
CHANGE.
K -9 VEHICLE INSERTS (KEEPS YOUR VEHICLE.ClLEAN%ELIMINATING
INTERIOR DAMAGE. WASHES, RINSES, DISINFECT8::iNfMOMENTS.
PROVIDES MAXIMUM SAFETY FOR YOUR DOG. REDUCESa..DEPARTAMENTAL
LIABILITY. IS EASILY TRANSFERRED TO A VAR4IETY:OF VEHICLES)
..$1295.00
THIS PRICE IS FOR MOST POLICE VEHECLES-STRUCKS ARE
ADDITIONAL
(INSTALLATION IS ADDITIONAL)
HOT DOG MONITOR /HAIL OUT SYSTEM WLTI PAGER, FM= VEHICLE (USED
AGAINST OVERHEATING, WHICH IS Tw-l*&IBER.OAS'.I4ILLER OF
POLICE DOGS
(TEMPERATURE MONITOR) ", °`ate }.:'*•683.00 x
SCRATCH BOX (NOT RAY ALLEN) W450.00
CRATE (500) (LIGHTWEIGHT KENNEL.DESIBNED FOR SAFE, SECURE
TRANSPORTATION $ 89.89
NARC BAGS (SET OF 6, USED FOR HIDINe NARCOTICS S 32.95
AMMO BOXES (AIRTIGHT, USED FOR EACH TRAINING NARCOTIC AT
$15.00 EACH, NEEDING APPROXIMATELY.3) $ 45.00
2 STAINLESS STEEL DOG BOWLS (17.96-.EA) $ 35.96
(NON TIP DISHES)
STAINLESS STEEL PRONG COLLAR CTRAININa-AID FOR CANINE
CORRECTIONS (HS93426) *' 34.95
30 FT. LEASH (WHe30l) � 16.95
6 FOOT LEASH (N172D) $ 14.95
26 INCH TRAFFIC LEAD (5426) $ 22.95
2 INCH COLLAR (COLLAR THAT WILL NOT HURT THE CANINE'S
THROAT) (57 -2) $ 36.95
17940 S.,N. 168th Street • Miami, Florida 33187
(305) 378.9035
f
O L I O � i�E�
G TRAINING CENTER
FULLY TRAINED DOGS FOR SALE
PERSONAL PROTECTION • SCHUTZHUND • KNPV
DUAL PURPOSE • PATROL • NARCOTICS
HOME • BUSINESS
METRO -DADE K -9 SERVICES, INC. CAN PROVIDE FOR THE SOUTH
MIAMI POLICE DEPARTMENT THE FOLLOWING DOrs(S):
FULLY TRAINED DUAL PURPOSE PATROL / NARCQTIC TRAINED DOG:
$6500.00
DOG(S) WILL BE OF THE GERMAN SHEPHERD AND /OR BELGIAN
MALINOIS BREED
DOG(S) WILL BE BETWEEN THE AGES OF 15 MONTHS TO 3 YEARS
THESE DOG (S) ARE GUARANTEED TO. BE. GOOD. IN. BUILDINGS
(SLIPPERY FLOORS)
DOGS WILL HAVE FULL OBEDIENCE TRAINING.
AGILITY
COMPLETE BITEWORK
ALL OF THE DOGS ARE TRAINED WITH' AG VMnlE._ALERT IN SCENT
DETECTION OF:
MARIJUANA
COCAINE
CRACK COCAINE (BAZUCO)
HEROINE
HANDLER'S COURSE WITH METRO— DADE'K -9 SERVICES CERTIFICATION.
ALSO; UNLIMITED USE OF METRO —DADE K -9 TRAINING FACILITIES
AND /OR INDIVIDUAL CONSULTATION -AND TRAINING WITH OUR STAFF
TRAINING MANUAL AND ALL PERTINENT "FORMS FOR THE HANDLER
INCLUDING CANINE RECORDS
17940 S.W. 168th Street • Miami, Florida 33187
(305) 378 -9035
w -- Oka Ike rN�ast°��
.-
E K -9 S ��`,
G TRAINING CENTER �L►
FUMY TRAINED DOGS FOR SALE
PERSONAL PROTECTION • SCHUTZHUND • KNPV
DUAL PURPOSE • PATROL . NARCOTICS
HOME • BUSINESS
UNDERCOAT RAKE (BRUSH THAT REMOVES THE UNDERCOAT WITHOUT
PRESSURE OR DAMAGE TO THE SKIN) $ 13.95
SHAMPOO
FLEA SPRAY
THE FOLLOWING EQUIPMENT IS
DOG:
BITE SLEEVE: (TRAINING AID
BITE: WE RECOMMEND THE 113
THE 113 SLEEVE NEEDS CUFF;
Cuff for 113 (64dlx)
THE 33C IS COMPLETE
$ 9.00
$ 13.00
ALSO USEW FOR THE DUAL PURPOSE
FOR THE:CANINE:TO MAINTAIN A FULL
OR THE'. 33G'. )`
Please specify.-right or left)
149.95
- 39.95
139.95
JUTE TOY 12.00
POLICE TRIAL JACKET CRA7) '' 29.95
(TO BITE WITHOUT" SEEING SLEEV .,.," _ .; ..`..,
REPLACEMENT SLEEVE'. FOR JACKET_ . 5.95
JUTE HIDDEN SLEEVE ( RA 1 IL;. Better~ , Rrotectson for handler)
(BITE SLEEVE, GOES UNDER POL.I M. TRIAL.- 'JACKET; )
109.95
TRAFFIC LEAD (EXCELLENT FOR CROWD-CONTROL,- IN CAR
ANYWHERE EXTRA TIGHT CONTROL.. I'S. NEEDED: 22.95
AGITATION MUZZLE 129.95
HARNESS $ 95.00
(The above harness is not.a Ray Allen product; the above
harness is a special harness designed by Tony Guzman with
padded leather and breast plate,: `this is the one we
recommend for agitation)
NOTE: WE ARE A RAY ALLEN DISTRIBUTOR AND�MOST OF THE ABOVE
ITEMS COME FROM THE 1995.CATAL.OG.. IF YOU HAVE ANY QUESTIONS
REGARDING PRICING OR EQUIPMENT, WE WILL.. BE MORE THAN HAPPY
TO SERVICE YOU.
ADDITIONALLY, YOUR DEPARTMENT' hS . ENTLTLED." TO A 5% DISCOUNT,
PROVIDING THE EQUIPMENT PURCHASE..- ORDER IS GIVEN AT THE SAME
TIME THE CANINE PURCHASE ORDER IS GIVEN. (THIS DISCOUNT DOES
NOT APPLY TO THE VEHICLE EQUIPMENT OR ELECTRONIC EQUIPMENT)
1A' PRICES ARE FROM THE 1995 RAY ALLEN CATALOG (EXCEPT FOR ITEMS
THAT DO NOT COME FROM RAY ALLEN)
SHIPPING AND HANDLING FOR ALL ITEMS ARE ADDITIONAL
17940 S.W. 168th Street • Miami, Florida 33187
C= T Y ® F S OUTH M= AM =
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date:- August 4, 1995
From: Eddie Cox Re: Agenda Item #1#4
City Manager' Comm. Mtg. 8/15/95
Payment to Metro-
Dade K -9 Services
The City of South Miami Police Department is committed to providing
the best possible service to our citizens. These efforts can be
greatly enhanced by the purchase of a dual certified K -9 dog. One
of the many purposes of the K -9 dog will be narcotic apprehension,
which can ultimately lead to forfeiture of property and funds. The
K -9 dog would also be utilized for officer safety, crowd control,
school and public demonstrations, missing persons cases,
apprehension of immediate fleeing felons as well as assisting other
law enforcement agencies in emergency situations. In providing
such services it is imperative that the K -9 dog be of superior
breed and training.
One of the benefits of purchasing a dual certified, street ready
K -9 versus a "green dog" would be cost effectiveness. This would
allow the officer /handler and K -9 to return to full service in a
shorter amount of time.
Metro -Dade K -9 Services provide dogs that meet the rigorous
standards of the field as well as quality working dogs. All dogs
are guaranteed to be free of heartworm and internal parasites at
the time of purchase and guaranteed to pass an accredited police
K -9 academy class. Any dog will be replaced immediately within 30
days if it does not measure up.
Currently, Metro -Dade K -9 Services has in possession a newly
acquired K -9. He is a 2 1/2 year old Malinios, named Wilco,
brought back from Czechoslovakia. Malinios' are being utilized by
many police departments (predominantly Coral Gables) due to their
drive for hard work, speed and adaptability. Also, Malinios' are
not prone to hip dysplasia that are common in German Shepherds.
Wilco is a dual purpose patrol /narcotics trained dog. He has
obtained his KNVP title which means he is already certified by the
E
Royal Dutch Police in full obedience, agility, complete bitework
and aggressive alert in scent detection of marijuana, cocaine,
crack cocaine and heroine.
I recommend approval.
RH /EC /sv
Attachments
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
4 DISBURSE THE SUM OF $6,500 TO METRO -DADE K -9 SERVICES.
5 THIS REPRESENTS THE PURCHASE OF A FULLY- TRAINED DUAL
6 PURPOSE/NARCOTIC TRAINED DOG. THIS SUM WILL BE CHARGED
7 TO 08 -1910 -6430 (FORFEITURE FUNDS).
8 WHEREAS, the City `of South Miami Police Department is
9 committed to providing the best possible service to our citizens.
10 These efforts can be greatly enhanced by the purchase of a dual
11 certified K -9 dog.
12 WHEREAS, one of the many purposes of a K -9 dog will be
13 narcotics apprehension, which ultimately lead to forfeiture of
14 property and funds.
15 WHEREAS, in order to provide such services, as well as officer
16 safety, crowd control, etc., it is imperative that the K -9 dog be
17 of superior breed and training.
18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
20 Section 1. The City Manager be, and hereby is authorized
21 to disburse the sum of $6,500 to Metro -Dade K -9 Services for the
22 purchase of a fully trained dual purpose Patrol/Narcotic K -9 dog.
23 Section 2. That the disbursement be charged to account
24 number 08 -1910 -6430 (Forfeiture Funds).
25 Section 3. That this resolution shall be effective
26 immediately and after adoption hereof.
27 PASSED AND ADOPTED this day of , 1995.
IL
28
29
30
31
32
33
ATTEST:
CITY CLERK
34 READ AND APPROVED AS TO FORM:
35
36
37
CITY ATTORNEY
APPROVED:
MAYOR
3
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From die ox
City Manager
Date: July 28, 1995
Agenda Item
#
Re: Comm. Meeting 8/15/95
South Miami Health
Facilities Authority
As a result of the Commission Workshop on Tuesday, July 25, 1995,
the Commission requested that this item be placed on the first
available agenda.
This ordinance creates Chapter 12 -A of the Code of the City of
South Miami, creating the "City of South Miami Health Facilities
Authority."
I recommend approval.
a \d \smha.bpk
9
Earl Gallop, Esq.
Bailey & Jones
501 Brickell Key Drive
Suite 300
Miami, Florida 33131
August 10, 1995
Eddy Cox, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Ronetta Taylor, City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Ordinance on Second Reading Creating The City of
South Miami Health Facilities Authority
Enclosed is a revised version of the Ordinance, as
discussed with Earl Gallop, City Attorney, together with a clean
set for adoption by the Commission.
The revised Ordinance shows the paragraphs stricken.
Additionally, there were some grammatical changes and corrections
in format that I went over with the City Attorney which are not
shown, but which I can mark up for the Commission prior to the
meeting, if they desire to see it.
If you have any questions when you receive this, please
do not hesitate to advise.
r all ,
nneth M. Myers;
r,
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ORDINANCE NO.
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
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OF THE CITY OF SOUTH H MIAMI, FLORIDA CREATING
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CHAPTER 12A OF THE CODE OF THE CITY OF SOUTH
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MIAMI, TO BE ENTITLED "CITY OF SOUTH MIAMI
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HEALTH FACILITIES AUTHORITY "; ESTABLISHING THE
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CITY OF SOUTH MIAMI HEALTH FACILITIES AUTHORITY;
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FINDING AND DECLARING NEED FOR THE AUTHORITY;
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PROVIDING DEFINITIONS; DESIGNATING MEMBERSHIP;
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PROVIDING RESPONSIBILITIES AND POWERS; PROVIDING
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FOR THE FINANCING AND CONSTRUCTION OF HEALTH
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FACILITIES; PROVIDING FOR THE ISSUANCE OF
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REVENUE BONDS AND REFUNDING BONDS; PROVIDING
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, PROVIDING SEVERABIIITY; AND
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PROVIDING RELATED MATTERS AND AN EFFECTIVE
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DATE.
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WHEREAS, the City Commission (the "Commission ") of the City of South Miami,
20 Florida (the "City "), has determined that, for the benefit of the people of the City, the increase
21 of their commerce, welfare and prosperity and the improvement of their health and living
22 conditions, it is essential that the people of the City have access to adequate medical care and
23 health facilities and that it is essential that health facilities be provided with appropriate
24 additional means to assist in the development, improvement and maintenance of the public
25 health; and
26 WHEREAS, a Health Facilities Authority would provide additional means to assist in the
27 development and maintenance of the City's health facilities; and
28 WHEREAS, Section 154.207, Florida Statutes, authorizes the City to create a public
29 body to insure that the people of the City have access to adequate medical care and health
30 facilities.
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAIVII, FLORIDA:
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Section 1. Declaration of Need.
The Commission hereby finds and declares that there is a need for a Health Facilities
Authority to function in the City in order to assist in the development and maintenance of the
health facilities located in the City and, where authorized by law, outside the City's boundaries.
Section 2. Definitions.
The following terms, whenever used in this Ordinance, shall have the following meanings
unless a different meaning clearly appears from the context:
(a) "Authority" means the City of South Miami Health Facilities Authority created
by this Ordinance.
(b) "Bonds" or "revenue bonds" mean revenue bonds and revenue refunding bonds
of the Authority issued under the provisions of this Ordinance and State law, including without
limitation, Chapter 154, Part III and Chapter 159, Part U, Florida Statutes, as they may be
amended from time to time, notwithstanding that such bonds may be secured by a mortgage or
the full faith and credit of a health facility.
(c) "City" means the City of South Miami, Florida.
(d) "Commission" means and refer to the City Commission of the City.
(e) "Cost" as applied to a project or any portion thereof financed under the provisions
of this Ordinance, embraces:
(1) All or any part of the cost of construction and acquisition of all real
property, lands, structures, real or personal property rights, rights-of-way, franchises,
easements, and interests acquired or used for a project.
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1 (2) The cost of demolishing or removing any buildings or structures on land
2 so acquired, including the cost of acquiring any lands to which such buildings or structures may
3 be removed.
4 (3) The cost of all machinery and equipment.
5 (4) Financing charges and interest prior to, during, and for a reasonable period
6 after completion of such construction.
7 (5) Provisions of reserves for principal and interest and for extensions,
8 enlargements, additions, and improvements.
9 (6) The cost of engineering, appraisal, architectural, accounting, financial and
10 legal services.
11 (7) The cost of plans, specifications, studies, surveys and estimates of cost and
12 revenues.
13 (8) Administrative expenses, including expenses necessary or incident to
14 determining the feasibility or practicability of constructing the project.
15 (9) Such expenses as may be necessary or incident to the construction and
16 acquisition and the placing of the project in operation and such items which qualify as "costs"
17 under State law from time to time.
18 (f) "Health Facility" means any private corporation organized as either not for profit
19 or for profit and authorized by law to provide hospital or nursing care services in accordance
20 with Chapter 395 or Chapter 400, Florida Statutes, or life care services in accordance with
21 Chapter 651, Florida Statutes, and also includes facilities licensed under Chapters 393 and 394,
22 Florida Statutes, "health care facility" as defined in Section 159.27(16), Florida Statutes, and
23 any other facilities which under State law, the Authority may provide assistance to, in each case
24 as such provisions of State law may be amended from time to time.
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1 (g) "Project" means any structure, facility, machinery, equipment or other property
2 suitable for use by a health facility in connection with its operations or proposed operations,
3 including, without limitation:
4 (1) real property;
5 (2) a clinic, computer facility, dining hall, fire fighting facility, fire prevention
6 facility, food service and preparation facility, health care facility, long term care facility,
7 hospital, interns' residence, laboratory, laundry, maintenance facility, nurses' residence, nursing
8 home, nursing school, office, parking area, pharmacy, educational, recreational facility, research
9 facility, storage facility, utility or X -ray facility, or any combination of the foregoing; and
10 (3) other structures or facilities related thereto or required or useful for health
11 care purposes, the conduct of research or the operation of a health facility, including facilities
12 or structures essential or convenient for the orderly conduct of the health facility and other
13 similar items necessary or convenient for the operation of a particular facility or structure in the
14 manner for which its use is intended; but shall not include such items as fuel, supplies or other
15 items which are customarily deemed to result in a current operating charge.
16 (h) "Real Property" means and includes all lands, buildings, structures,
17 improvements and fixtures thereon; any property of any nature appurtenant thereto or used in
18 connection therewith; and every estate, interest and right, legal or equitable, therein, including
19 any such interest for a term of years.
20 (i) "State" means the State of Florida.
21 Section 3. Creation of City of South Miami Health Facilities Authority, Membership.
22 (a) Creation. The City of South Miami Health Facilities Authority is hereby created
23 and established and, in accordance with Section 154.207, Florida Statutes, is constituted a public
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I instrumentality. The exercise by the Authority of the powers conferred by State law shall be
2 deemed and held to be the performance of an essential public function.
3 (b) Members; Terms of Office. The Authority, unless otherwise provided by State
4 law, shall be composed of five voting members. Members shall be residents of the City
5 appointed by the Commission for terms of four years; provided that of the first members
6 appointed, the Commission shall designate one member to serve for one year, one member to
7 serve for two years, one member to serve for three years and two members to serve for four
8 years, in each case until his or her successor is appointed and has qualified. Thereafter, all
9 appointments by the Commission, except appointments to fill vacancies shall be for a term of
10 four years. Vacancies during a term shall be filled for the unexpired term by the Commission.
11 A member of the Authority shall be eligible for reappointment. Any member of the Authority
12 may be removed by the Commission for misfeasance, malfeasance, willful neglect of duty or
13 such other cause authorized by law.
14 (c) Responsibilities of Member. Each member of the Authority, before entering upon
15 his duties, shall take and subscribe the oath or affirmation required by the State Constitution.
16 A record of each oath shall be filed in the Department of State and with the Clerk of the City.
17 The members of the Authority shall receive no compensation for the performance of their duties
18 hereunder, but each member shall be paid necessary expenses incurred while engaged in the
19 performance of such duties. Service as a member of the Authority by a trustee, director, officer
20 or employee of a health facility shall not, in and of itself, constitute a conflict of interest;
21 however, any member of the Authority who is employed by, or receives income from a health
22 facility under consideration by the Authority shall. not vote on any matter related to such facility.
23 Members of the Authority shall comply with the provisions of Section 286.012, Florida Statutes,
24 relating to voting, and with the provisions of Sections 112.311 through 112.3175, Florida
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I Statutes, relating to financial disclosure, in each case as said provisions of State law may be
2 amended from time to time.
3 (d) Organization and Meetings of the Authority. The Authority, at its initial meeting
4 and annually thereafter, shall elect one of its members as Chairman and one as Vice Chairman.
5 Three members of the Authority shall constitute a quorum, and the affirmative vote of a majority
6 of the members present shall be necessary for any action taken by the Authority. No vacancy
7 in the membership of the Authority shall impair the right of a quorum to exercise all the rights
8 and to perform all the duties of the Authority. Any action taken by the Authority under the
9 provisions of this Ordinance maybe authorized at any regular or special meeting, and each such
10 resolution shall take effect immediately and need not be published or posted. All meetings of
11 the Authority, as well as records, books, documents and papers shall be open and available to
12 the public in accordance with Section 286.011, Florida Statutes, as the same may be amended
13 from time to time.
14 Section 4. Powers and Duties of the Authority.
15 The purpose of the Authority shall be to assist health facilities in the acquisition,
16 construction, financing and refinancing of projects. For this purpose, the Authority shall have
17 all the powers conferred by State law, including, but not limited to those powers conferred under
18 Chapter 154, Part III, and Chapter 159, Part II, Florida Statutes, all of which provisions of State
19 law are incorporated herein by reference, as the same shall be amended from time to time.
20 These powers shall include, but not be limited to the power:
21 (a) To adopt an official seal and alter the same at its pleasure.
22 (b) To maintain an office at such place or places in the City as it may designate,
23 including space in City Hall.
24 (c) To sue and be sued in its own name and to plead and be impleaded.
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8 (d) To make and execute loan agreements, agreements of lease, contracts, deeds,
9 mortgages, notes and other instruments necessary or convenient in the exercise of the powers
10 and functions conferred upon the Authority by this Ordinance or otherwise by law.
11 (e) To sell, lease, exchange, mortgage, transfer or otherwise dispose of, or to grant
12 options for any such purposes with respect to any project, or any real or personal property or
13 interest therein
14 (f) To pledge or assign any money, rents, charges, fees or other revenues and any
15 proceeds derived from the sale of property, insurance or condemnation awards.
16 (g) To fix, charge, and collect rents, fees and charges for the use of or the financing
17 of any project.
18 (h) To issue bonds and notes for the purpose of providing funds to pay all or any part
19 of the cost of any project or any other lawful purpose and to issue refunding bonds or notes.
20 (i) To employ consulting engineers, architects, surveyors, attorneys, accountants,
21 financial experts and such other employees and agents as may be necessary in its judgment,
22 including employees of the City to the extent approved by the Commission, and to fix their
23 compensation.
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1 0) To acquire existing projects and to reimburse any health facility for the cost of
2 such project in accordance with an agreement between the Authority and the health facility;
3 however, no such reimbursement shall exceed the total cost of the project as determined by the
4 health facility and approved by the Authority.
5 (k) To acquire existing projects and to refund outstanding obligations, mortgages, or
6 advances issued, made or given by a health facility for the cost of any project.
7 (1) To charge to, and equitably apportion among health facilities its administrative
8 costs and expenses incurred in the exercise of the powers and duties conferred by this
9 Ordinance, and to otherwise charge fees and costs in connection with a health facility financing.
10 (m) To mortgage any project and the site thereof for the benefit of the holders of the
11 bonds issued to finance such project.
12 (n) To participate in and to issue bonds for the purpose of establishing and
13 maintaining a self - insurance pool pursuant to Section 627.357, Florida Statutes, as the same may
14 be amended from time to time, on behalf of a health facility or a group of health facilities in
15 order to provide for the payment of judgements, settlements of claims, expenses or loss and
16 damage that arises or is claimed to have arisen from an act or omission of the health facility,
17 its employees or agents in the performance of health care or health care related functions.
18 (o) To issue special obligation revenue bonds for the purpose of establishing and
19 maintaining self insurance pools and to provide reserve funds in connection therewith, which
20 bonds shall be payable from funds available in the pool from time to time or from assessments
21 against participating health facilities for the purpose of providing required contributions to the
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fund or from such other sources as may be permitted by State law. Such bonds shall be issued
in accordance with all other applicable provisions of State law.
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I (p) To keep a record of all its proceedings and be custodian of all books, documents
2 and papers filed with it and of its minute book or journal and official seal. The Authority shall
3 cause copies to be made of all its minutes and other records and documents and shall give
4 certificates under its official seal to the effect that such copies are true copies, and all persons
5 dealing with said Authority may rely upon such Certificates.
6 (c) To make a report to the Commission within the first 90 days of each calendar
7 year, of the Authority's activities for the preceding calendar year. Each report shall set forth
8 a complete operating and financial statement covering its operation during the year.
9 (r) To enter into interlocal agreements with other governmental bodies in connection
10 with the exercise of its powers hereunder, including, but not limited to the issuance of bonds,
11 pursuant to the authorization conferred by Chapter 163, Part I, Florida Statutes, as the same may
12 be amended rom time to time.
13 (s) To do all things necessary, as otherwise provided by law, to carry out the
14 purposes of this Ordinance.
15 Section 5. Payment of Expenses.
16 All expenses incurred in carrying out the provisions of this Ordinance shall be payable
17 solely from funds provided under the provisions of this Ordinance, and no liability or obligation
18 shall be incurred by the Authority beyond the extent to which moneys shall have been provided
19 under this Ordinance or otherwise.
20 Section 6. Notes of Authority.
21 The Authority is authorized from time to time to issue its negotiable notes for any
22 corporate purposes and renew from time to time any notes by the issuance of new notes, whether
23 the notes to be renewed have or have not matured, subject however, to any maturity limitations
24 prescribed by State law. The notes may be authorized, sold, executed and delivered in the same
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I manner as bonds. All such notes shall be payable solely from the revenues of the Authority,
2 subject only to contractual rights of the holders of any of its notes or other obligations then
3 outstanding.
4 Section 7. Revenue Bonds.
5 The Authority is authorized from time to time to issue its negotiable revenue bonds for
6 the purpose of paying all or any part of the cost of any project or projects authorized by law,
7 or pursuant to subsections (1) and (m) of Section 4 of this Ordinance for the purpose of paying
8 all or any part of the cost of acquiring existing or completed health facilities projects, or for any
9 other purpose permitted by law. In anticipation of the sale of such revenue bonds, the Authority
10 may issue negotiable bond anticipation notes and may renew the same from time to time, subject
11 however, to any maturity limitations prescribed by State law. Such notes shall be paid from any
12 revenues of the Authority available therefore and not otherwise pledged or from the proceeds
13 of sale of the, revenue bonds of the Authority in anticipation of which they were issued. The
14 notes shall be issued in the same manner as the revenue bonds. Such notes and the resolution
15 or resolutions authorizing them may contain any provisions, conditions or limitation which a
16 bond resolution of the Authority may contain.
17 The revenue bonds and notes of every issue shall be payable solely out of revenues
18 provided therefore. Notwithstanding that revenue bonds and notes may be payable from a
19 special fund, they shall be, and be deemed to be, for all purposes, negotiable instruments,
20 subject only to the provisions of the revenue bonds and notes for registration.
21 The revenue bonds may be issued as serial bonds or as term bonds, or the Authority, in
22 its discretion, may issue bonds of both types. The revenue bonds shall be authorized by
23 resolution of the members of the Authority and shall bear such date or dates; mature at such
24 time or times, not exceeding the maximum maturity provided by law; bear interest at such rate
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I or rates; be payable at such time or times; be in such denominations; be in such form, either
2 coupon or registered, or both; carry such registration privileges; be executed in such manner;
3 be payable in lawful money of the United States at such place or places; and be subject to such
4 terms of redemption, including redemption prior to maturity and such other provisions, as such
5 resolution or resolutions may provide. The Authority shall determine the form and manner of
6 execution of the bonds, including any interest coupons to be attached thereto, and shall fix the
7 denomination or denominations of the bonds and the place or places of payment of principal and
8 interest, which may be at any bank or trust company within or without the state. In case any
9 officer whose signature, or a facsimile of whose signature, shall appear on any bonds or coupons
10 shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall
11 nevertheless be valid and sufficient for all purposes, the same as if he had remained in office
12 until such delivery. The revenue bonds or notes may be sold at public or private sale for such
13 price or prices as the Authority shall determine. Pending preparation of the definitive bonds,
14 the Authority may issue interim receipts or certificates which shall be exchanged for such
15 definitive bonds.
16 Section 8. Refunding Bonds.
17 The Authority is hereby authorized to provide for the issuance of revenue bonds for the
18 purpose of refunding any of its revenue bonds then outstanding or, to the extent permitted by
19 State law, any bonds issued by another public instrumentality which are then outstanding,
20 including the payment of any redemption premium thereon and any interest accrued or to accrue
21 to the earliest or subsequent date of redemption, purchase or maturity of such bonds.
22 The proceeds of any such revenue bonds issued for the purpose of refunding outstanding
23 bonds may, in the discretion of the Authority, be applied to the purchase or retirement at
24 maturity or redemption of such outstanding bonds either on their earliest or any subsequent
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I redemption date, or upon the purchase or at the maturity therof, and may, pending such
2 application, be placed in escrow to be applied to such purchase or retirement at maturity or
3 redemption on such date as may be determined by the Authority.
4 Any such escrowed proceeds, pending such use may be invested and reinvested in direct
5 obligations of the United States, in any obligations of which the principal and interest are
6 unconditionally guaranteed by the United States, in certificates of deposit or time deposits
7 secured by direct obligations of the United States, or in any obligations of which the principal
8 and interest are unconditionally guaranteed by the United States, in any. other obligations as may
9 be permitted by law from time to time, maturing at such time or times as shall be appropriate
10 to assure the prompt payment, as to principal, interest and redemption, premium if any, of the
11 outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized
12 on any such investment may also be applied to the payment of the outstanding bonds to be so
13 refunded. After the terms of the escrow have been fully satisfied and carried out, any balance
14 of such proceeds and interest, income and profits, if any, earned or realized on the investments
15 thereof may be returned to the Authority for use or disposition by it in any lawful manner.
16 All such revenue bonds issued for the purposes of refunding shall be subject to the
17 provisions of this Ordinance in the same manner and to the same extent as other revenue bonds
18 issued pursuant to this Ordinance.
19 Section 9. Security of Bondholders.
20 In the discretion of the Authority, any bonds issued under the provisions of this
21 Ordinance may be secured by a trust agreement by and between the Authority and a corporate
22 trustee, which may be any trust company or bank having the powers of a trust company within
23 or without the state. Such trust agreement or resolution providing for the issuance of such bonds
24 may pledge or assign the fees, rents, charges or proceeds, condemnation awards and other funds
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I and revenues to be received therefor, and may provide for the mortgaging of any project or any
2 part therof as security for repayment of the bonds. Such trust agreement or resolution providing
3 for the issuance of such bonds shall contain such provisions for protecting and enforcing the
4 rights and remedies of the bondholders as may be reasonable and proper and not in violation of
5 law, including convenants setting forth the duties of the Authority in relation to the acquisition
6 of property and the construction, improvement, maintenance, repair, operation and insurance of
7 the project or projects in connection with which such bonds shall have been authorized; the fees,
8 rents and other charges to be fixed and collected; the sale of any project or part thereof, or other
9 property; the terms and conditions for the issuance of additional bonds; and the custody,
10 safeguarding, and application of all monies. It shall be lawful for any bank or trust company
11 which may act as depositary of the proceeds of bonds, revenues or other money hereunder to
12 furnish such indemnifying bonds or to pledge such securities as may be required by the
13 Authority. Any such trust agreement or resolution shall set forth the rights and remedies of the
14 bondholders and of the trustee and may restrict the individual right of action by bondholders.
15 In addition to the foregoing, any such trust agreement or resolution may contain such other
16 provisions as the Authority may deem reasonable and proper for the security of the bondholders.
17 All expenses incurred in carrying out the provisions of such trust agreement or resolution may
18 be treated as a part of the cost of the project or projects in connection with which bonds are
19 issued or as an expense of administration of such project, as the case may be.
20 Section 10. Payment of Bonds: No Liability of the Authority or the City.
21 Revenue bonds issued under the provisions of this Ordinance shall not be deemed to
22 constitute a debt, liability or obligation of the City of the State or any political subdivision
23 thereof, or a pledge of the faith and credit of the City or the State or any political subdivision
24 thereof, but shall be payable solely form the revenues provided therefor. All such revenue
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1 bonds shall contain on the face thereof a statement to the effect that the Authority shall not be
2 obligated to pay the same or the interest thereon except from the revenues of the project or the
3 portion therof for which they are issued and that neither the faith and credit nor the taxing power
4 of the City or of the State or of any political subdivision thereof is pledged to the payment of
5 the principal of or the interest on such bonds. The issuance of revenue bonds under the
6 provisions of this Ordinance shall not directly, indirectly or contingently obligate the City or the
7 State or any political subdivision thereof to levy or to pledge any form of taxation whatever
8 therefore or to make any appropriation for their payment.
9 Section 11. No Liability of Authority Members.
10 Neither the members of the Authority nor any person executing the revenue bonds or
11 notes shall be liable personally on the revenue bonds or notes or be subject to any personal
12 liability or accountability by reason of the issuance thereof.
13 Section 12. Revenues.
14 The Authority is hereby authorized to fix and to collect fees, rents and charges for the
15 services of the Authority in providing the financings or for the use of any project or projects and
16 any part or section thereof as provided by law. The Authority may require that the lessee,
17 owner or operator of any project or part therof shall operate, repair and maintain the project and
18 bear the cost thereof and other costs of the Authority in connection with the project or projects
19 as may be provided in the loan agreement, lease or other contract with the Authority, in addition
20 to other obligations imposed under such agreement or contract.
21 Section 13. Trust Funds.
22 Notwithstanding any other provisions of law to the contrary, all money received pursuant
23 to the provisions of this Ordinance whether as proceeds from the sale of bonds, sale of property,
24 insurance, or condemnation awards, or as revenues, shall be deemed to be trust funds, to be held
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I and applied solely as provided by law. The resolution authorizing the bonds of any issue or trust
2 agreement securing such bonds may provide that any of such moneys be temporarily invested
3 pending the disbursement therof and shall provide that any officer with whom, or any bank or
4 trust company with which, such moneys shall be deposited shall act as trustee of such moneys
5 and shall hold and apply the same for the purposes hereof, subject to such regulations as such
6 resolution or trust agreements may provide.
7 Section 14. Remedies.
8 Any holder of bonds issued by the Authority or of any of the coupons appertaining
9 thereto, and the trustee under any trust agreement, except to the extent the rights herein or by
10 law given, may be restricted by such trust agreement or the resolution authorizing the issuance
11 of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding,
12 protect and enforce any and all rights under the laws of the State or under such trust agreement
13 or resolution authorizing the issuance of such bonds, or under any agreement of lease, loan
14 agreement or other contract executed by the Authority pursuant to this Ordinance, and may
15 enforce and compel the performance of all duties required by law or by such trust agreement or
16 resolution to be performed, including the fixing, charging and collecting of fees, rents and
17 charges. Holders of bonds or any interests therein shall have no remedy or cause of action
18 against the Authority or the City.
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10 Section 15. Validation.
11 Bonds issued by the Authority, to the extent required by law, or otherwise at the option
12 of the Authority, may be validated in the manner prescribed by Chapter 75, Florida Statutes, as
13 the same may be amended from time to time.
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17 Section 16. Administrative Procedures.
18 The Authority may adopt administrative guidelines and procedures in connection with the
19 exercise of its powers hereunder. which shall become effective upon approval by the
20 Commission. Such guidelines and procedures shall only be amended by the Authority with the
21 approval of the Commission.
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I Section 17. Commission MU Abolish Authority.
2 The Commission shall have the power and authority at any time to abolish the Authority
3 by Ordinance; however, the Authority shall not be abolished until all bonded indebtedness
4 incurred pursuant to this Ordinance has been paid.
5 Section 18. SeverabU6.
6 If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
7 unconstitutional by any court of competent jurisdiction, then the holding shall in no way affect
8 the validity of the remaining portions of this Ordinance.
9 Section 19. Inclusion in Code.
10 It is the intention of the Commission that the provisions of this Ordinance shall become
11 and be made a part of the City of South Miami Code; and that the sections of this Ordinance
12 may be renumbered or relettered and the word "Ordinance" may be changed to "section,"
13 "article," or such other appropriate word or phrase in order to accomplish such intentions.
14 Section 20. Effective Date.
15 This Ordinance shall take effect immediately at the time of its passage.
16 PASSED AND ADOPTED this 15th day of August, 1995
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18 ATTEST:
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CITY CLERK
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(SEAL)
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READ AND APPROVED AS
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TO FORM:
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CITY ATTORNEY
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MAYOR
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA CREATING
CHAPTER 12A OF THE CODE OF THE CITY OF SOUTH
MIAMI, TO BE ENTITLED "CITY OF SOUTH MIAMI
HEALTH FACILITIES AUTHORITY "; ESTABLISHING THE
CITY OF SOUTH MIAMI HEALTH FACILITIES AUTHORITY;
FINDING AND DECLARING NEED FOR THE AUTHORITY;
PROVIDING DEFINITIONS; DESIGNATING MEMBERSHIP;
PROVIDING RESPONSIBILITIES AND POWERS; PROVIDING
FOR THE FINANCING AND CONSTRUCTION OF HEALTH
FACILITIES; PROVIDING FOR THE ISSUANCE OF
REVENUE BONDS AND REFUNDING BONDS; PROVIDING
TAX EXEMPTION; PROVIDING SEVER.ABILITY; AND
PROVIDING RELATED MATTERS AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission (the "Commission ") of the City of South Miami,
Florida (the "City "), has determined that, for the benefit of the people of the City, the increase
of their commerce, welfare and prosperity and the improvement of their health and living
conditions, it is. essential that the people of the City have access to adequate medical care and
health facilities and that it is essential that health facilities be provided with appropriate
additional means to assist in the development, improvement and maintenance of the public
health; and
WHEREAS, a Health Facilities Authority would provide additional means to assist in the
development and maintenance of the City's health facilities; and
WHEREAS, Section 154.207, Florida Statutes, authorizes the City to create a public
body to insure that the people of the City have access to adequate medical care and health
facilities.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Declaration of Need.
The Commission hereby finds and declares that there is a need for a Health Facilities
Authority to function in the City in order to assist in the development and maintenance of the
health facilities located in the City and, where authorized by law, outside the City's boundaries.
Section 2. Definitions.
The following terms, whenever used in this Ordinance, shall have the following meanings
unless a different meaning clearly appears from the context:
(a) "Authority" means the City of South Miami Health Facilities Authority created
by this Ordinance.
(b) "Bonds" or "revenue bonds" mean revenue bonds and revenue refunding bonds
of the Authority issued under the provisions of this Ordinance and State law, including without
limitation, Chapter 154, Part III and Chapter 159, Part II, Florida Statutes, as they may be
amended from time to time, notwithstanding that such bonds may be secured by a mortgage or
the full faith and credit of a health facility.
(c) "City" means the City of South Miami, Florida.
(d) "Commission" means and refer to the City Commission of the City.
(e) "Cost" as applied to a project or any portion thereof financed under the provisions
of this Ordinance, embraces:
(1) All or any part of the cost of construction and acquisition of all real
property, lands, structures, real or personal property rights, rights -of -way, franchises,
easements, and interests acquired or used for a project.
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(2) The cost of demolishing or removing any buildings or structures on land
so acquired, including the cost of acquiring any lands to which such buildings or structures may
be removed.
(3) The cost of all machinery and equipment.
(4) Financing charges and interest prior to, during, and for a reasonable period
after completion of such construction.
(5) Provisions of reserves for principal and interest and for extensions,
enlargements, additions, and improvements.
legal services.
revenues.
(6) The cost of engineering, appraisal, architectural, accounting, financial and
(7) The cost of plans, specifications, studies, surveys and estimates of cost and
(8) Administrative expenses, including expenses necessary or incident to
determining the feasibility or practicability of constructing the project.
(9) Such expenses as may be necessary or incident to the construction and
acquisition and the placing of the project in operation and such items which qualify as "costs"
under State law from time to time.
(f) "Health Facility" means any private corporation organized as either not for profit
or for profit and authorized by law to provide hospital or nursing care services in accordance
with Chapter 395 or Chapter 400, Florida Statutes, or life care services in accordance with
Chapter 651, Florida Statutes, and also includes facilities licensed under Chapters 393 and 394,
Florida Statutes, "health care facility" as defined in Section 159.27(16), Florida Statutes, and
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any other facilities which under State law, the Authority may provide assistance to, in each case
as such provisions of State law may be amended from time to time.
(g) "Project" means any structure, facility, machinery, equipment or other property
suitable for use by a health facility in connection with its operations or proposed operations,
including, without limitation:
(1) real property;
(2) a clinic, computer facility, dining hall, fire fighting facility, fire prevention
facility, food service and preparation facility, health care facility, long term care facility,
hospital, interns' residence, laboratory, laundry, maintenance facility, nurses' residence, nursing
home, nursing school, office, parking area, pharmacy, educational, recreational facility, research
facility, storage facility, utility or X -ray facility, or any combination of the foregoing; and
(3) other structures or facilities related thereto or required or useful for health
care purposes, the conduct of research or the operation of a health facility, including facilities
or structures essential or convenient for the orderly conduct of the health facility and other
similar items necessary or convenient for the operation of a particular facility or structure in the
manner, for which its use is intended; but shall not include such items as fuel, supplies or other
items which are customarily deemed to result in a current operating charge.
(h) "Real Property" means and includes all lands, buildings, structures,
improvements and fixtures thereon; any property of any nature appurtenant thereto or used in
connection therewith; and every estate, interest and right, legal or equitable, therein, including
any such interest for a term of years.
(i) "State" means the State of Florida.
Section 3. Creation of City of South Miami Health Facilities Authority Membership.
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(a) Creation. The City of South Miami Health Facilities Authority is hereby created
and established and, in accordance with Section 154.207, Florida Statutes, is constituted a public
instrumentality. The exercise by the Authority of the powers conferred by State law shall be
deemed and held to be the performance of an essential public function.
(b) Members: Terms of Office. The Authority, unless otherwise provided by State
law, shall be composed of five voting members. Members shall be residents of the City
appointed by the Commission for terms of four years; provided that of the first members
appointed, the Commission shall designate one member to serve for one year, one member to
serve for two years, one member to serve for three years and two members to serve for four
years, in each case until his or her successor is appointed and has qualified. Thereafter, all
appointments by the Commission, except appointments to fill vacancies shall be for a term of
four years. Vacancies during a term shall be filled for the unexpired term by the Commission.
A member of the Authority shall be eligible for reappointment. Any member of the Authority
may be removed by the Commission for misfeasance, malfeasance, willful neglect of duty or
such other cause authorized by law.
(c) Responsibilities of Member. Each member of the Authority, before entering upon
his duties, shall take and subscribe the oath or affirmation required by the State Constitution.
A record of each oath shall be filed in the Department of State and with the Clerk of the City.
The members of the Authority shall receive no compensation for the performance of their duties
hereunder, but each member shall be paid necessary expenses incurred while engaged in the
performance of such duties. Service as a member of the Authority by a trustee, director, officer
or employee of a health facility shall not, in and of itself, constitute a conflict of interest;
however, any member of the Authority who is employed by, or receives income from a health
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facility under consideration by the Authority shall not vote on any matter related to such facility.
Members of the Authority shall comply with the provisions of Section 286.012, Florida Statutes,
relating to voting, and with the provisions of Sections 112.311 through 112.3175, Florida
Statutes, relating to financial disclosure, in each case as said provisions of State law may be
amended from time to time.
(d) Organization and Meetings of the Authority. The Authority, at its initial meeting
and annually thereafter, shall elect one of its members as Chairman and one as Vice Chairman.
Three members of the Authority shall constitute a quorum, and the affirmative vote of a majority
of the members present shall be necessary for any action taken by the Authority. No vacancy
in the membership of the Authority shall impair the right of a quorum to exercise all the rights
and to perform all the duties of the Authority. Any action taken by the Authority under the
provisions of this Ordinance may be authorized at any regular or special meeting, and each such
resolution shall take effect immediately and need not be published or posted. All meetings of
the Authority, as well as records, books, documents and papers shall be open and available to
the public in accordance with Section 286.011, Florida Statutes, as the same may be amended
from time to time.
Section 4. Powers and Duties of the Authority.
The purpose of the Authority shall be to assist health facilities in the acquisition,
construction, fmancing and refinancing of projects. For this purpose, the Authority shall have
all the powers conferred by State law, including, but not limited to those powers conferred under
Chapter 154, Part III, and Chapter 159, Part II, Florida Statutes, all of which provisions of State
law are incorporated herein by reference, as the same shall be amended from time to time.
These powers shall include, but not be limited to the power:
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(a) To adopt an official seal and alter the same at its pleasure.
(b) To maintain an office at such place or places in the City as it may designate,
including space in City Hall.
(c) To sue and be sued in its own name and to plead and be impleaded.
(d) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the
acquisition, construction, operation or maintenance of any project.
(e) To construct, acquire, own, lease, repair, maintain, extend, expand, improve,
rehabilitate, renovate, furnish and equip projects and enter into construction contracts in
connection therewith and to pay all or any part of the costs thereof from the proceeds of bonds
of the Authority or from any contribution, gift, or donation or other funds made available to the
Authority for such purpose.
(d) To make and execute loan agreements, agreements of lease, contracts, deeds,
mortgages, notes and other instruments necessary or convenient in the exercise of the powers
and functions conferred upon the Authority by this Ordinance or otherwise by law.
(e) To sell, lease, exchange, mortgage, transfer or otherwise dispose of, or to grant
options for any such purposes with respect to any project, or any real or personal property or
interest therein.
(f) To pledge or assign any money, rents, charges, fees or other revenues and any
proceeds derived from the sale of property, insurance or condemnation awards.
(g) To fix, charge, and collect rents, fees and charges for the use of or the financing
of any project.
(h) To issue bonds and notes for the purpose of providing funds to pay all or any part
of the cost of any project or any other lawful purpose and to issue refunding bonds or notes.
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(i) To employ consulting engineers, architects, surveyors, attorneys, accountants,
financial experts and such other employees and agents as may be necessary in its judgment,
including employees of the City to the extent approved by the Commission, and to fix their
compensation.
0) To acquire existing projects and to reimburse any health facility for the cost of
such project in accordance with an agreement between the Authority and the health facility;
however, no such reimbursement shall exceed the total cost of the project as determined by the
health facility and approved by the Authority.
(k) To acquire existing projects and to refund outstanding obligations, mortgages, or
advances issued, made or given by a health facility for the cost of any project.
(1) To charge to, and equitably apportion among health facilities its administrative
costs and expenses incurred in the exercise of the powers and duties conferred by this
Ordinance, and to otherwise charge fees and costs in connection with a health facility financing.
(m) To mortgage any project and the site thereof for the benefit of the holders of the
bonds issued to finance such project.
(n) To participate in and to issue bonds for the purpose of establishing and
maintaining a self - insurance pool pursuant to Section 627.357, Florida Statutes, as the same may
be amended from time to time, on behalf of a health facility or a group of health facilities in
order to provide for the payment of judgements, settlements of claims, expenses or loss and
damage that arises or is claimed to have arisen from an act or omission of the health facility,
its employees or agents in the performance of health care or health care related functions.
(o) To issue special obligation revenue bonds for the purpose of establishing and
maintaining self insurance pools and to provide reserve funds in connection therewith, which
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MAP
bonds shall be payable from funds available in the pool from time to time or from assessments
against participating health facilities for the purpose of providing required contributions to the
fund or from such other sources as may be permitted by State law. Such bonds shall be issued
in accordance with all other applicable provisions of State law.
(p) To keep a record of all its proceedings and be custodian of all books, documents
and papers filed with it and of its minute book or journal and official seal. The Authority shall
cause copies to be made of all its minutes and other records and documents and shall give
certificates under its official seal to the effect that such copies are true copies, and all persons
dealing with said Authority may rely upon such Certificates.
(q) To make a report to the Commission within the first 90 days of each calendar
year, of the Authority's activities for the preceding calendar year. Each report shall set forth
a complete operating and financial statement covering its operation during the year.
(r) To enter into interlocal agreements with other governmental bodies in connection
with the exercise of its powers hereunder, including, but not limited to the issuance of bonds,
pursuant to the authorization conferred by Chapter 163, Part I, Florida Statutes, as the same may
be amended rom time to time.
(s) To do all things necessary, as otherwise provided by law, to carry out the
purposes of this Ordinance.
Section 5. Payment of Ex enses.
All expenses incurred in carrying out the provisions of this Ordinance shall be payable
solely from funds provided under the provisions of this Ordinance, and no liability or obligation
shall be incurred by the Authority beyond the extent to which moneys shall have been provided
under this Ordinance or otherwise.
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Section 6. Notes of Authority.
The Authority is authorized from time to time to issue its negotiable notes, for any
corporate purposes and renew from time to time any notes by the issuance of new notes, whether
the notes to be renewed have or have not matured, subject however, to any maturity limitations
prescribed by State law. The notes may be authorized, sold, executed and delivered in the same
manner as bonds. All such notes shall be payable solely from the revenues of the Authority,
subject only to contractual rights of the holders of any of its notes or other obligations then
outstanding.
Section 7. Revenue Bonds.
The Authority is authorized from time to time to issue its negotiable revenue bonds for
the purpose of paying all or any part of the cost of any project or projects authorized by law,
or pursuant to subsections (1) and (m) of Section 4 of this Ordinance for the purpose of paying
all or any part of the cost of acquiring existing or completed health facilities projects, or for any
other purpose permitted by law. In anticipation of the sale of such revenue bonds, the Authority
may issue negotiable bond anticipation notes and may renew the same from time to time, subject
however, to any maturity limitations prescribed by State law. Such notes shall be paid from any
revenues of the Authority available therefore and not otherwise pledged or from the proceeds
of sale of the revenue bonds of the Authority in anticipation of which they were issued. The
notes shall be issued in the same manner as the revenue bonds. Such notes and the resolution
or resolutions authorizing them may contain any provisions, conditions or limitation which a
bond resolution of the Authority may contain.
The revenue bonds and notes of every issue shall be payable solely out of revenues
provided therefore. Notwithstanding that revenue bonds and notes may be payable from a
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special fund, they shall be, and be deemed to be, for all purposes, negotiable instruments,
subject only to the provisions of the revenue bonds and notes for registration.
The revenue bonds may be issued as serial bonds or as term bonds, or the Authority, in
its discretion, may issue bonds of both types. The revenue bonds shall be authorized by
resolution of the members of the Authority and shall bear such date or dates; mature at such
time or times, not exceeding the maximum maturity provided by law; bear interest at such rate
or rates; be payable at such time or times; be in such denominations; be in such form, either
coupon or registered, or both; carry such registration privileges; be executed in such manner;
be payable in lawful money of the United States at such place or places; and be subject to such
terms of redemption, including redemption prior to maturity and such other provisions, as such
resolution or resolutions may provide. The Authority shall determine the form and manner of
execution of the bonds, including any interest coupons to be attached thereto, and shall fix the
denomination or denominations of the bonds and the place or places of payment of principal and
interest, which may be at any bank or trust company within or without the state. In case any
officer whose signature, or a facsimile of whose signature, shall appear on any bonds or coupons
shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same as if he had remained in office
until such delivery. The revenue bonds or notes may be sold at public or private sale for such
price or prices as the Authority shall determine. Pending preparation of the definitive bonds,
the Authority may issue interim receipts or certificates which shall be exchanged for such
defmitive bonds.
Section 8. Refundin Bonds.
The Authority is hereby authorized to provide for the issuance of revenue bonds for the
purpose of refunding any of its revenue bonds then outstanding or, to the extent permitted by
State law, any bonds issued by another public instrumentality which are then outstanding,
including the payment of any redemption premium thereon and any interest accrued or to accrue
to the earliest or subsequent date of redemption, purchase or maturity of such bonds.
The proceeds of any such revenue bonds issued for the purpose of refunding outstanding
bonds may, in the discretion of the Authority, be applied to the purchase or retirement at
maturity or redemption of such outstanding bonds either on their earliest or any subsequent
redemption date, or upon the purchase or at the maturity therof, and may, pending such
application, be placed in escrow to be applied to such purchase or retirement at maturity or
redemption on such date as may be determined by the Authority.
Any such escrowed proceeds, pending such use may be invested and reinvested in direct
obligations of the United States, in any obligations of which the principal and interest are
unconditionally guaranteed by the United States, in certificates of deposit or time deposits
secured by direct obligations of the United States, or in any obligations of which the principal
and interest are unconditionally guaranteed by the United States, in any other obligations as may
be permitted by law from time to time, maturing at such time or times as shall be appropriate
to assure the prompt payment, as to principal, interest and redemption, premium if any, of the
outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized
on any such investment may also be applied to the payment of the outstanding bonds to be so
refunded. After the terms of the escrow have been fully satisfied and carried out, any balance
of such proceeds and interest, income and profits, if any, earned or realized on the investments
thereof may be returned to the Authority for use or disposition by it in any lawful manner.
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All such revenue bonds issued for the purposes of refunding shall be subject to the
provisions of this Ordinance in the same manner and to the same extent as other revenue bonds
issued pursuant to this Ordinance.
Section 9. Security of Bondholders.
In the discretion of the Authority, any bonds issued under the provisions of this
Ordinance may be secured by a trust agreement by and between the Authority and a corporate
trustee, which may be any trust company or bank having the powers of a trust company within
or without the state. Such trust agreement or resolution providing for the issuance of such bonds
may pledge or assign the fees, rents, charges or proceeds, condemnation awards and other funds
and revenues to be received therefor, and may provide for the mortgaging of any project or any
part therof as security for repayment of the bonds. Such trust agreement or resolution providing
for the issuance of such bonds shall contain such provisions for protecting and enforcing the
rights and remedies of the bondholders as may be reasonable and proper and not in violation of
law, including convenants setting forth the duties of the Authority in relation to the acquisition
of property and the construction, improvement, maintenance, repair, operation and insurance of
the project or projects in connection with which such bonds shall have been authorized; the fees,
rents and other charges to be fixed and collected; the sale of any project or part thereof, or other
property; the terms and conditions for the issuance of additional bonds; and the custody,
safeguarding, and application of all monies. It shall be lawful for any bank or trust company
which may act as depositary of the proceeds of bonds, revenues or other money hereunder to
furnish such indemnifying bonds or to pledge such securities as may be required by the
Authority. Any such trust agreement or resolution shall set forth the rights and remedies of the
bondholders and of the trustee and may restrict the individual right of action by bondholders.
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In addition to the foregoing, any such trust agreement or resolution may contain such other
provisions as the Authority may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out the provisions of such trust agreement or resolution may
be treated as a part of the cost of the project or projects in connection with which bonds are
issued or as an expense of administration of such project, as the case may be.
Section 10. Payment of Bonds: No Liability of the Authority or the City.
Revenue bonds issued under the provisions of this Ordinance shall not be deemed to
constitute a debt, liability or obligation of the City of the State or any political subdivision
thereof, or a pledge of the faith and credit of the City or the State or any political subdivision
thereof, but shall be payable solely form the revenues provided therefor. All such revenue
bonds shall contain on the face thereof a statement to the effect that the Authority shall not be
obligated to pay the same or the interest thereon except from the revenues of the project or the
portion therof for which they are issued and that neither the faith and credit nor the taxing power
of the City or of the State or of any political subdivision thereof is pledged to the payment of
the principal of or the interest on such bonds. The issuance of revenue bonds under the
provisions of this Ordinance shall not directly, indirectly or contingently obligate the City or the
State or any political subdivision thereof to levy or to pledge any form of taxation whatever
therefore or to make any appropriation for their payment.
Section 11. No Liability of Authority Members.
Neither the members of the Authority nor any person executing the revenue bonds or
notes shall be liable personally on the revenue bonds or notes or be subject to any personal
liability or accountability by reason of the issuance thereof.
Section 12. Revenues.
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The Authority is hereby authorized to fix and to collect fees, rents and charges for the
services of the Authority in providing the financings or for the use of any project or projects and
any part or section thereof as provided by law. The Authority may require that the lessee,
owner or operator of any project or part therof shall operate, repair and maintain the project and
bear the cost thereof and other costs of the Authority in connection with the project or projects
as may be provided in the loan agreement, lease or other contract with the Authority, in addition
to other obligations imposed under such agreement or contract.
Section 13. Trust Funds.
Notwithstanding any other provisions of law to the contrary, all money received pursuant
to the provisions of this Ordinance whether as proceeds from the sale of bonds, sale of property,
insurance, or condemnation awards, or as revenues, shall be deemed to be trust funds, to be held
and applied solely as provided by law. The resolution authorizing the bonds of any issue or trust
agreement securing such bonds may provide that any of such moneys be temporarily invested
pending the disbursement therof and shall provide that any officer with whom, or any bank or
trust company with which, such moneys shall be deposited shall act as trustee of such moneys
and shall hold and apply the same. for the purposes hereof, subject to such regulations as such
resolution or trust agreements may provide.
Section 14. Remedies.
Any holder of bonds issued by the Authority or of any of the coupons appertaining
thereto, and the trustee under any trust agreement, except to the extent the rights herein or by
law given, may be restricted by such trust agreement or the resolution authorizing the issuance
of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding,
protect and enforce any and all rights under the laws of the State or under such trust agreement
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or resolution authorizing the issuance of such bonds, or under any agreement of lease, loan
agreement or other contract executed by the Authority pursuant to this Ordinance, and may
enforce and compel the performance of all duties required by law or by such trust agreement or
resolution to be performed, including the fixing, charging and collecting of fees, rents and
charges. Holders of bonds or any interests therein shall have no remedy or cause of action
against the Authority or the City.
Section 15. Negotiability of Bonds.
All bonds issued under the provisions of this Ordinance shall have, and are hereby
declared to have, all the qualities and incidents, including negotiability, of investment securities
under the Uniform Commercial Code as adopted and modified by the State, but no provision of
such code respecting the filing of a financing statement to perfect a security interest shall be
deemed necessary for, or applicable to, any security created in connection with the issuance of
any such bonds.
Section 16. Tax Exemption.
(a) The exercise of the powers granted by this Ordinance will be in all respects for
the benefit of the people of the City for the increase of their commerce, welfare and prosperity,
and for the improvement of their health and living conditions, and, because the operation and
maintenance of a project by a health facility will constitute the performance of an essential public
function, neither the Authority nor a hospital institution shall be required to pay any taxes or
assessments upon or in respect of a project or any property acquired by the Authority under the
provisions of this Ordinance or upon the income therefrom and any bonds issued under the
provisions of this Ordinance, their transfer, and the income therefrom, including any profit made
on the sale thereof, shall at all times be free from taxation of every kind by the State, the City
FT0
and municipalities and other political subdivisions in the State, except that such income shall be
subject to the tax imposed pursuant to the provisions of Chapter 220, Florida Statutes. Nothing
in this section shall be construed as exempting from taxation or assessments the leasehold or
other interest of any health facility organized for profit. If any project or any part hereof shall
be occupied or operated by any health facility organized for profit pursuant to any contract or
lease with the Authority, the property interest created by such contract or lease shall be subject
to taxation to the same extent as other privately owned property.
(b) Homes for the aged, or life care communities, however designated, which are
financed through the sale of the Authority's bonds on a financing arrangement, are exempt from
ad valorem taxation only in- accordance with the provisions of Section 196.1975, Florida
Statutes.
Section 17. Legal Investment.
Bonds issued by the Authority under the provisions of this Ordinance are hereby made
securities in which all public officers and public bodies of the State and its political subdivisions
and all insurance companies, trust companies, banking associations, investment companies,
executors, administrators, trustees and other fiduciaries may properly and legally invest funds,
including capital in their control or belonging to them. Such bonds are hereby made securities
which may properly and legally be deposited with and received by any State or municipal officer
or any agency or political subdivision of the State for any purpose for which the deposit of bonds
or obligations of the State is now or may hereinafter be authorized by law.
Section 15. Validation.
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Bonds issued by the Authority, to the extent required by law, or otherwise at the option
of the Authority, may be validated in the manner prescribed by Chapter 75, Florida Statutes, as
the same may be amended from time to time.
Section 19. Aynroval by Commission.
The sale of bonds and notes authorized to be issued by the Authority hereunder shall be
subject to the prior approval of the Commission.
Section 16. Administrative Procedures.
The Authority may adopt administrative guidelines and procedures in connection with the
exercise of its powers hereunder which shall become effective upon approval by the
Commission. Such guidelines and procedures shall only be amended by the Authority with the
approval of the Commission.
Section 17. Commission May Abolish Authority.
The Commission shall have the power and authority at any time to abolish the Authority
by Ordinance; however, the Authority shall not be abolished until all bonded indebtedness
incurred pursuant to this Ordinance has been paid.
Section 18. Severabilitv.
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then the holding shall in no way affect
the validity of the remaining portions of this Ordinance.
Section 19. Inclusion in Code.
It is the intention of the Commission that the provisions of this Ordinance shall become
and be made a part of the City of South Miami Code; and that the sections of this Ordinance
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may be renumbered or relettered and the word "Ordinance" may be changed to "section,"
"article," or such other appropriate word or phrase in order to accomplish such intentions.
Section 20. Effective Date.
This Ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 15th day of August, 1995
FIX v��►
CITY CLERK
(SEAL)
• D AND APPROVED
TO FORM:
CITY ATTORNEY
19
MAYOR
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flkla Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING
AUGUST 15, 1995
ORDINANCE CREATING CHAPTER
12A, ETC.
In the XXXX.X ...................... Court,
was published In said newspaper in the Issues of
Aug 4, 1995
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office In Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and afflant further says that she has
neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication In the said
newspaper. ,
Sworn to and subscribed before me this
4 August 95
...... day of ......................... �gA..19.
Y Pud;�C„L
(SEAL)
Sookle Williams personally known to
OppK1AL NOTARY SEAL
CHERYL H M(A>M�91G12
COMM1MI N SXP. APR 1:,1496
MY CAtlAit9SiON
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will hold a Public Hearing during its regular City
Commission meeting on August 15, 1995 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive to consider the
following described ordinance which was given first reading on August
1, 1995:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION .
OF THE CITY OF SOUTH MIAMI, FLORIDA CREATING
CHAPTER 12A OF THE CODE OF THE CITY OF "SOUTH
MIAMI, TO BE ENTITLED "CITY OF SOUTH MIAMI HEALTH
FACILITIES AUTHORITY; FINDING AND DECLARING THE
NEED THEREFOR; .PROVIDING DEFINITIONS; DESIGN-
ATING MEMBERSHIP; PROVIDING RESPONSIBILITIES
AND POWERS; PROVIDING FOR THE FINANCING AND
CONSTRUCTION OF HEALTH FACILITIES; PROVIDING
FOR THE ISSUANCE OF REVENUE BONDS AND
REFUNDING BONDS; PROVIDING TAX EXEMPTION;
PROVIDING FOR SEVERABILITY; PROVIDING RELATED
MATTERS AND PROVIDING FOR AN EFFECTIVE DATE.
Said ordinance is available for inspection in the City Clerk's office
during regular office hours.
Inquiries-conceming this item can be addressed to the City Man
ages s Office: (305) 663 -6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City-Clerk
City of South Miami
Pursuant to Florida Statute 286.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered
at its meeting or hearing, he or she will need a record of the proceed-
ings, and that for such purpose, affected person may need to ensure
that a verbatim record of the proceedings is made which record in-
cludes the testimony and evidence upon which the appeal is to be
based.
8/4 95- 3 -080401M
C Z TY ®F SOUTH M= AM =
INTER- OFFICE MEMORANDUM
�XJ
To: Mayor & City Commission
e
F om Eddie Cox
City Manager
13
Date: August 11, 1995
Agenda Item #!3
Re: Comm. Meeting 8/15/95
Second Reading Ordinance
Codification of a Revised
Schedule of License Taxes
This is the second reading of an ordinance to provide for
codification of a revised schedule of license taxes, based upon
recommendations of the Equity Study Commission.
I recommend approval.
a \license.tax
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AMENDING SECTION 13 -24 OF THE
CITY'S CODE OF ORDINANCES, IN ORDER TO PROVIDE FOR
CODIFICATION OF A REVISED "SCHEDULE OF LICENSE TAXES"
PURSUANT TO SECTION 205 OF FLORIDA STATUTES AND THE
RECOMMENDATIONS OF THE CITIZENS' "EQUITY STUDY
COMMISSION "; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 18, 1995, the City Commission of the City
of South Miami adopted Ordinance No. 6 -95 -1579 which codified the
regulations and procedures regarding occupational licenses;
WHEREAS, the Florida Legislature enacted Chapter 93 -180, Laws
of Florida (1993), enabling local governments to reclassify
businesses, professions and occupations and to establish new rate
structures, subject to the requirements and limitations contained
in the legislation;
WHEREAS, local governments wishing to establish new
occupational classifications and rate structures must establish an
equity study commission and appoint its members, each of whom must
be a representative of the business community within the local
government's jurisdiction;
WHEREAS, the City Commission of the City of South Miami
established an occupational license tax equity study commission
pursuant to Chapter 93 -180;
WHEREAS, the Mayor and City Commission adopted Resolution 64-
95 -9613 ratifying the appointments of Bill Enright; Armando
Oliveros; Gwendolyn. Thomas; J.B. Turbidy; and Mark Wynnemer,
representatives of the local business community, as members of the
Equity Study Commission;
WHEREAS, the Equity Study Commission completed its study and
has recommended a "Schedule of License Taxes" based upon reasonable
classifications and equitable rates;
WHEREAS, the Mayor and City Commission wish to amend the
ordinance regulating occupational license taxes to include the
"Schedule of License Taxes" recommended by the Equity Study
Commission.
1
e�
51
52
53
54 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
55 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
56
57 Section 1. That Article I, Chapter 13, Section 13 -24 of the
58 City's Code of Ordinances is amended by deleting the "Schedule of
59 License Taxes" attached to said section and substituting the
60 "Schedule of License Taxes" recommended by the Equity Study
61 Commission, attached to this ordinance and made part of said
62 Section 13 -24.
63
64 Section 2. That license taxes will be reduced or increased by
65 the "Schedule of License Taxes" recommended by the Equity Study
66 Commission. However, any increase in license renewal taxes will
67 not exceed statutory limitations.
68
69 Section 3. If any section, clause, sentence, or phrase of this
70 ordinance is for any reason held invalid or unconstitutional by a
71 court of competent jurisdiction, the holding shall not affect the
72 validity of the remaining portions of this ordinance.
73
74 Section 4. All ordinances or parts of ordinances in conflict
75 with the provisions of this ordinance are hereby repealed.
76
77 Section 5. This ordinance shall take effect on October 1, 1995.
78
79
80 PASSED AND ADOPTED this day of , 1995.
81
82
83
84
85 MAYOR
86
87 ATTEST:
88
89
90 CITY CLERK
91
_� 2
2_3 READ AND APPROVED AS TO FORM:
94
95
96 CITY ATTORNEY
97
98
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/7
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SCHEDULE OF LICENSE TAXES
Individual uses are listed in the "Permitted Use Schedule," Section
20 -3.3 (E) of the Land Development Code.
1) Residential Uses (Apartments Onl
Up to 5 units $ 75
6 to 50 units $130
51 to 100 units $200
101 to 200 units $250
201 or more units $300
2) Public and Institutional Uses
Up to 1,000 sq. ft. $100
1,001 to 3,000 sq. ft. $150
3,001 to 10,000 sq. ft. $200
10,001 sq. ft and over $240
3) Business and Professional Services
Sole proprietor $130
2 to 9 employees $200
10 to 24 employees $275
25 or more employees $350
4) Retail and Wholesale Trade
Up to 1,000 sq. ft. $130
1,001 to 2,000 sq. ft. $200
2,001 to 5,000 sq. ft. $350
5,001 to 15,000 sq. ft. $500
More than 15,000 sq. ft. $750
5) Transportation, Warehousing & Communications
Minimum rate $200
10 to 25 employees $225
26 or more employees $250
7,500 to 20,000 sq. ft.,
an additional $ 25
20,001 sq. ft and over,
an additional $ 50
6) Manufacturina and Intensive Uses
Minimum rate $225
7,500 to 151000 sq. ft. $250
15,001 to 25,000 sq. ft. $275
25,001 sq. ft. and over $300
7) Coin - operated Machines
Each machine $ 30
3
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION
3 OF THE CITY OF SOUTH. MIAMI, FLORIDA, APPROVING A
4 SETTLEMENT AGREEMENT WITH CABLE SATELLITE OF SOUTH
5 MIAMI, INC.; AUTHORIZING THE CITY MANAGER TO
6 EXECUTE THE SETTLEMENT AGREEMENT; PROVIDING AN
7 EFFECTIVE DATE.
8 WHEREAS, Cable Satellite of South Miami, Inc., filed an action
9 against the City of South Miami, stlyed Cable Satellite of South
10 Miami, Inc. v. City of South Miami, Florida, Case No. 95 -1481 CIV-
11 MORENO (S.D.Fla. 1995); and,
12 WHEREAS, Cable Satellite of South Miami, Inc. and the City
13 Commission of the City of South Miami desire to settle the
14 controversy; and,
15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
17 Section 1. The Settlement Agreement, dated August 11,
18 1995, which is annexed and made a part of this resolution, is
19 approved.
20 Section 2. The City Manager is authorized to execute the
21 Settlement Agreement on behalf of the City of South Miami.
22 Section 3. This resolution shall be effective immediately
23 upon approval.
24 PASSED AND ADOPTED this day of , 1995
25 APPROVED:
26
27 MAYOR
28 ATTEST:
29
30 CITY CLERK
31 READ AND APPROVED AS TO FORM:
32
33 CITY ATTORNEY cableset.res
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CABLE SATELLITE OF SOUTH MIAMI, INC.
Plaintiff,
VS.
THE CITY OF SOUTH MIAMI,
FLORIDA,
Defendant.
Case No.95 -1481 CIV- MORENO
Magistrate Judge Garber
SETTLEMENT AGREEMENT
Plaintiff, Cable Satellite of South Miami, Inc., and
defendant, the City of South Miami, Florida, in consideration of
the settlement of the above- captioned action, agree as follows:
1. The City shall grant Cable Satellite a renewal license
for a term of ten (10) years.
2.. The renewal license shall be consistent with the terms,
conditions and limitations set forth in Chapter 8AA of the
Metropolitan Dade County Code; provided, however, that:
a. The City may adopt an ordinance providing for cable'_
television regulation in form and substance similar
to Chapter 8AA of the Dade County code. The City
*•dinr %nce shall be substantially similar to the
(b-aft ordinance, which is annexed and made a part
of this settlement agreement (referred to as "cable
'�elovj.vion regulations");
1
BAILEY b: JONES
A PROFESSIONAL ASSOCIATION. ATTORNEYS AT LAW
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
b. The term of the 10 year renewal period shall begin
July 30, 1995; and,
C. Cable Satellite shall not be required to pay $.50
per subscriber per year for a City studio capital
budget.
3. Within 15 days of issuing the renewal license, Cable
Satellite shall pay the City $40,000.00 for purchasing studio
equipment. Cable Satellite provided the City with an equipment
list and a good faith estimate that the cost should not exceed
$40,000.00. In the event that the equipment is not adequate for
the City's purpose, or the cost exceeds $40,000.00, Cable Satellite
agrees to pay any reasonable request by the City of up to an
additional $10,000.00.
4. In the event that Cable Satellite applies for a transfer
of its license to a qualified purchaser of the system, the City
Ehall not demand additional payments of money, in kind services, or
make other demands, except as provided in the cable television
regulations ordinance.
5. Approval of this settlement agreement, together with the "'`
adoption of any ordinances necessary to give effect to this
agreement, shall be scheduled for consideration by the City
Commission of the City of South Miami at its August 15, 1995 and
September 5, 1995 iaeet;ings. The City shall pay the costs of
advertising any required publications of notice.
2
BAILEY & .ZONES
• - 40"- -nNAL ASSOCIATION. ATTORNEYS AT LAW
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
6. Upon adoption of an ordinance granting a renewal license
consistent with the provisions of this settlement agreement:
a. Cable Satellite shall, within 5 dayj-, file a
voluntary notice of dismissal, with prejudice, of
this action, with the parties bearing their
respective costs and attorney's fees;
b. The City and Cable Satellite shall cooperate with
each other, in good faith, in matters of mutual
interest, including, but not limited to, approving
resolutions, adopting and amending ordinances, and
executing documents to give full effect to this
settlement agreement.
Dated this August 11, 1995.
CITY OF SOUTH MIAMI:
By:
Edward C. Cox, City Manager
CABLE SATELLITE OF SOUTH
MIAMI, INC.
By.
Rick Hensley, General Manager
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
was telecopied to: Hector Rivera, Esq., Bienstock & Clark, Suite
3160, 200 S. Biscayne Blvd., Miami, Florida 33131 this day
of August, 1995.
EGG /egg
cableset.agt
3
Of Counsel
J BAILEY & JONES
i / q ppnce� gin ua a550C1AT10N. ATTORNEYS Al LAW
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA.
CABLE SATELLITE OF SOUTH MIAMI, INC.)
Plaintiff, )
VS. )
THE CITY OF SOUTH MIAMI, )
FLORIDA, )
)
Defendant. )
)
Case No.95 -1481 C3V- MORENO
Magistrate Judge Garber
SETTLEMENT AGREEMENT
Plaintiff, Cable Satellite of South Miami, Inc., and
defendant, the City of South Miami; Florida, in consideration of
the settlement of the above - captioned action, agree as follows:
1. The City shall grant Cable Satellite a renewal license
for a term of ten (10) years.
2. The renewal license shall be consistent with the terms,
conditions and limitations set forth in Chapter 8AA of the
Metropolitan Dade County Code; provided, however, that:
a. The City may adopt an ordinance providing for cable_'
television regulation in form and substance similar
to Chapter 8AA of the Dade County
n. vdin..ance shall be substantially
d eft ordinance, which is annexed
of phis settlement agreement (refea
to n . viv A >on regulations");
0
SAILEY &. JONES
A PROFESSIONAL ASSOCIATION. ATTORNEYS AT LAW
code. The City
similar to the
and made a part
"red to as "cable
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
b. The term of the 10 year renewal period shall begin
July 30, 1995; and,
c. Cable Satellite shall not be required to pay $.50
per subscriber per year for a City studio capital
budget.
3. Within 15 days of issuing the renewal license, Cable
Satellite shall pay the City $40,000.00 for purchasing studio
equipment. Cable Satellite provided the City with an equipment
list and a good faith estimate that the cost should not exceed
$40,000.00. In the event that the equipment is not adequate for
the City's purpose, or the cost exceeds $40,000.00, Cable Satellite
agrees to pay any reasonable request by the City of :up to an
additional $10,000.00,
4. In the event that Cable Satellite applies for a transfer
of its license to a qualified purchaser of the system,; the City
Fhall not demand additional payments of money, in ]rind services, or
make other demands, except as provided in the cable television
regulations ordinance.
5. Approval of this settlement agreement, together with the''
adoption of any ordinances necessary to give effect to this
agreement, shall be scheduled for consideration by the City
Commission of the City of South Miami at its August 15, 1995 and
September 5, 19 5 riieetings. The City shall pay the costs of
advertisinq any required publications of notice.
K
BAILEY & JONES
-RO«°SInNAL ASSOCIATION, A10IRNEY5 AT. LAW
6 !7
KN
l
Case No. 95 -1481 CN- Moreno; Magistrate Judge Garber
6. Upon adoption of an ordinance granting a renewal license
consistent with the provisions of this settlement agreement:
a. Cable Satellite shall, within 5 day., file a
voluntary notice of dismissal, with prejudice, of
this action, with the parties bearing their
respective costs and attorney's fees;
b. The City and Cable Satellite shall cooperate with
each other, in good faith, in matters of mutual
interest, including, but not limited to, approving
resolutions, adopting and amending ordinances, and
executing documents to give full effect to this
settlement agreement -.
Dated this August 11, 1995.
CITY OF SOUTH MIAMI:
By:
Edward C. Cox, City Manager
CABLE SATELLITE OF SOUTH
MIAMI, INC.
By:
Rick Hensley, General. Manager
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
was telecopied to: Hector Rivera, Esq., Bienstock & Clark, Suite
3160, 200 S. Biscayne Blvd., Miami, Florida 33131 this day
Of August, 1995.
EGG /egg
cableset.>
Of Counsel
3
BAILEY & JONES
A ppncccgInNAI- ASSOCIATION. ATTORNEYS AT LAW
C =TY C31F SOUTH M =AM=
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission
F Eddie Cox
City Manager
Date: August 11, 1995
Agenda Item #/"fr-
Re: Comm. Meeting 8/15/95
Historic Preservation Board
This ordinance creates an Historic Preservation Board, and amends
parts of the Land Development Code in conflict.
The Board shall consist of 5 members who reside or work in the City
of South Miami, and shall include at least one architect or
landscape architect. All members shall be familiar with the
purposes of preserving and protecting districts, structures or
sites with historic, or archaeologic worth. Appointments shall be
for two years, and will be made by the Mayor with the consent of
the Commission.
I recommend approval.
a \histpre.bd
1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, CREATING AN HISTORIC
4 PRESERVATION BOARD; PROVIDING FOR AMENDING PARTS OF THE
5 LAND DEVELOPMENT CODE IN CONFLICT; PROVIDING FOR
6 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
7 PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, the South Miami City Commission is authorized under
9 Art. II, S 8 of the Charter of the City of South Miami to create
10 boards and committees; and,
11 WHEREAS, the City Commission previously created the
12 Environmental Review and Preservation Board and charge it with,
13 among other things, designating, regulating and protecting historic
14 and archeological sites; and,
15 WHEREAS, the City Commission desires to create a separate
16 Historic Preservation Board and charge it with designating,
17 regulating and protecting historic and archaeological sites.
18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
20 Section 1. Section 20- 6.1(D), of the South Miami Land
21 Development Code is created to read:
22 (D) Historic Preservation Board.
23 (1) Establishment and Membership.
24
(a) An
Historic Preservation Board is hereby created
25
which shall consist of five (5) members who reside
26
or
work in the city.
27
i.
The mayor, with the advice and consent of the
28
city commission, shall appoint the members of
29
the board.
30
ii.
Board membership shall include at least one
31
(1) architect or landscape architect licensed
32
to practice in the State of Florida.
33
iii. All members shall be familiar with the
34
purposes of preserving and protecting
35
districts, structures, or sites having
36
historic or archaeologic worth.
37
iv.
Members shall serve for a term of two (2)
38
years.
1 (b) Any regular member of the board shall be
2 automatically removed for missing three (3) regular
3 meetings in a row or five (5) meetings in a twelve
4 (12) month period.
5 i. The director of building and zoning shall keep
6 a record of meetings missed.
7 ii. The director shall advise the city commission
8 and the member being removed that the member
9 has been automatically removed.
10 (2) organization.
11 (a) Meetings.
12
i. The board shall hold one (1) regular meeting
13
each month.
14
ii. Meetings shall not be held if no designation
15
reports, plans, specifications or scheduled
16
matters are submitted for review.
17
iii. Agendas of all meetings shall be posed at City
18
Hall not less than three (3) working days
19
prior to any meetings.
20
(b)
The board shall elect from its membership a
21
chairperson and vice- chairperson for a one year
22
non- successive term.
23
i. The chairperson shall preside at all meetings
24
of the board.
25
ii. In the absence or recusal of the chairperson,
26
the vice -chair shall preside.
27
iii. A temporary chairperson may be elected at any
28
meeting to serve when both the chairperson and
29
the vice- chairperson are absent or recused.
30
(3) Powers
and Duties.
31
(a)
The board shall have all powers and duties granted
32
by state law and this code.
33
(b)
The board shall review and recommend approval,
34
disapproval or modification of all applications for
35
historic district and historic site designation,
36
and site plans and specifications, as required
37
under this code.
38
(c)
The board shall maintain and update files from the
39
Dade County Historic Survey within the city for the
40
purpose of determining and promoting those
41
districts and sites of special historic or
42
archeological value or interest.
Pq
1
(d)
The board shall recommend the designation of
2
historic districts and sites pursuant to this code.
3
(e)
The board shall endeavor to improve and expand the
4
Dade County Historic Survey with additional sites,
5
information, oral histories and any other material
6
as may be available and, periodically, to re-
7
evaluate the survey to determine whether changing
8
times and values warrant recognition of new or
9
different districts and sites.
10
(f)
The board shall, in reference to specific historic
11
districts or sites, or archaeological sites,
12
recommend to the city commission the use of
13
preservation incentives.
14
(g)
The board shall make recommendations to the city
15
commission concerning application for and the
16
utilization of grants from federal and state
17
agencies, or from private groups and individuals,
18
and the utilization of city funds to promote the
19
preservation of historically significant districts
20
and sites and archaeologically significant sites.
21
(h)
The board shall contact public and private
22
organizations and individuals, engage in historic
23
and archeological preservation education, and
24
undertake all reasonable and proper means to
25
promote preservation of historically and
26
archaeologically significant properties which are
27
proposed for, or under threat of, destruction or
28
significant degradation.
29
(i)
The board shall evaluate and comment upon decisions
30
of other public agencies affecting the physical
31
development and appearance of historically
32
significant districts and sites and
33
archaeologically significant sites.
34
(j)
The board shall recommend approval of historic and
35
archeological markers for properties within the
36
city.
37
(k)
The board shall advise the city commission on
38
matters related to the use, administration and
39
maintenance of city -owned historic properties.
40
(1)
The board shall promote and encourage communication
41
and exchange of ideas and information between the
42
board and owners of historically and
43
archaeologically significant properties, potential
3
!'"-
1
2
3
4
5
6
7
developers, public officials, financial
institutions and other interested persons.
(m) The board shall have the power and the duty to hear
and decide matters in accordance with the terms of
this code.
(n) The board shall conduct any other function which
may be designated by the city commission.
8 (4) Procedures.
9 (a) Quorum and voting.
10
i. A quorum shall be three (3) members, at least
11
one of whom shall be an architect.
12
ii. An affirmative vote of a majority of the
13
members present shall be required to pass upon
14
any matter on which the board is required to
15
act under this Code.
16-
iii. In instances when the board considers a
17
designation report, a quorum shall consist of
18
four (4) members.
19
(b)
The board shall keep a permanent record of all
20
proceedings before it.
21
(c)
Meetings of the board shall be public and
22
notification of such meetings shall be given in
23
accordance with Code provisions. If any scheduled
24
meeting is not held, then all applications
25
scheduled for such meeting, except designation
26
reports, shall be heard and decided by the director
27
of building and zoning (or the director's designee)
28
no later than the end of the next business day
29
after the scheduled meeting was to have been held.
30
The director's decision, if for approval, shall
31
constitute HPB approval. The seven -day appeal
32
period begins the day after the director's
33
decision.
34
(d)
All approved designation reports, plans and
35
specification shall bear the official signature of
36
the chairman presiding at the meeting at which such
37
reports, plans and specifications are approved.
38
(e)
If a set of plans is denied or modification is
39
recommended, the board shall, to the greatest
40
extent possible, make specific findings as to the
41
reasons for denial and modification, and recommend
42
appropriate changes, if possible.
4
,15
1 (f) Financial interest.
2 i. Any member of the board who has a special
3 financial interest, direct or indirect, in any
4 matter before the board shall make that
5 interest known and shall abstain from
6 participation therein in any manner.
7 ii, Willful failure to disclose such financial
8 interest shall constitute malfeasance in
9 office and shall render the action voidable by
10 the city commission.
11 Section 2. The director of building and zoning shall
12 review the land development code and recommend amendments to the
13 code, prior to the second reading of this ordinance, to accomplish
14 separation of the duties and responsibilities of the Environmental
15 Review and Preservation Board and the Historic Preservation Board
16 and to eliminate conflicts between the provisions in Section 1 of
17 this ordinance and the existing provisions of the land development
18- code.
19 Section 3. Upon appointment to the Historic Preservation
20 Board, the members shall immediately undertake to (1) recommend a
21 budget; (2) recommend contracting with a consultant for providing
22 preservation and designation services; and, (3) recommend specific
23 historic district designation, and historic and archaeologic site
24 preservation, guidelines and standards.
25 Section 4. If any section, clause, sentence, or phrase of
26 this ordinance is for any reason held invalid or unconstitutional
27 by a court of competent jurisdiction, the holding shall not affect
28 the validity of the remaining portions of this ordinance.
29 Section 5. All ordinances or parts of ordinances in
30 conflict with the provisions of this ordinance are hereby repealed.
31 Section 6. This ordinance shall take effect immediately at
32 the time of its passage.
5
�S
1
2
3
4
5
6
7
8
9
10
11
PASSED AND ADOPTED this day of _
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
hispres.ord
MAYOR
, 1995.
1 ORDINANCE NO.
2
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
3
OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING
4
CHAPTER 8 OF THE CODE OF ORDINANCES, TO BE
5
ENTITLED CABLE TELEVISION REGULATIONS;
6
DECLARING INTENT AND PURPOSE; PROVIDING FOR
7
DEFINITIONS, LICENSE REQUIREMENTS AND
8
PROVISIONS, APPLICATION FEE, NOTICE AND
9
HEARING, TERM OF LICENSE, SERVICE AREAS,
10
LICENSE RENEWAL AND TRANSFER, AUTHORITY OF
11
CITY MANAGER, LIABILITY, INDEMNIFICATION,
12
INSURANCE, BONDS, CABLE SYSTEM CONSTRUCTION
13
REQUIREMENTS, USE OF EASEMENTS AND STREETS,
14
WORK IN RIGHT -OF -WAY, SIGNAL STANDARDS,
15
TECHNICAL STANDARDS, EMERGENCY OVERRIDE'
16
FACILITIES, SERVICE TO PUBLIC BUILDINGS,
17
PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS
18
CHANNELS, INTERCONNECTION OF CABLE SYSTEMS,
19
RECORDS AND REPORTING, REPORTS, AUDIT,
20
CONSUMER PROTECTION, CONSUMER SERVICE
21
REQUIREMENTS, RATES AND RATE REGULATION,
22
PROHIBITING DISCRIMINATORY PRACTICES,
23
VIOLATION BY THEFT, VANDALISM AND TAMPERING,
24
PRIMA FACIA EVIDENCE, CONFISCATION,
25
PUNISHMENT, PERFORMANCE EVALUATION,
26
ENFORCEMENT, PENALTIES, FURTHER REMEDIES,
27
TERMINATION OF LICENSE, - REMOVAL, RESTORATION,
28
APPEAL AND CITY'S RIGHT TO INTERVENE IN
29
PROCEEDINGS, AND RELATED MATTERS; PROVIDING
30
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
31
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
32 WHEREAS, it is the intent of the City Commission of the City
33 of South Miami to promote the public health, safety, and general
34 welfare by providing for the control of cable television systems in
35 the City of South Miami; to provide for the payment of fees and
36 other valuable consideration by a licensee to the City for the
37 privilege of using public rights -of -way for constructing and
38 operating a cable television system; to promote widespread
39 availability of cable service to City residents; to encourage the
40 provision of diverse information to the community over cable; and
41 to establish minimum standards for the regulation and performance
42 of cable television systems in the City of South Miami for all
43 cable television licenses granted or renewed after the effective
44 date of this chapter.
45 WHEREAS, the Mayor and the City Commission find that it is in
46 the public interest to adopt cable television regulations.
16 S/ P°,
1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
3 Section 1. Chapter 8 of the City of South Miami Code of
4 Ordinances is created to read:
5 CHAPTER 8
6 CABLE TELEVISION REGULATIONS
7 Sec. 8 -1. Intent and purpose.
8 It is the intent of the City to promote the public health,
9 safety, and general welfare by providing for the control of cable
10 television systems in the City of South Miami; to provide for the
11 payment of fees and other valuable consideration by a licensee to
12 the City for the privilege of using public rights -of -way for
13 constructing and operating a cable television system; to promote
14 widespread availability of cable service to City residents; to
15 encourage the provision of diverse information to the community
16 over cable; and to establish minimum standards for the regulation
17 and performance of cable television systems in the City of South
18 Miami for all cable television licenses granted or renewed after
19 the effective date of this chapter.
20 Sec. 8 -2. Name and scope.
21 This chapter shall be known as the "Cable Television
22 Regulations." It shall be applicable to all licenses issued on or
23 after this chapter is adopted. Nothing in this chapter shall be
24 construed to interfere with the rights, if any, vested in a
25 licensed cable television operator pursuant to a City CATV license
26 that has not expired or pursuant to federal law.
27 Sec. 8 -3. Definitions.
28 Any word or term defined in the Cable Act but not defined
29 below shall have the meaning set forth in the Cable Act.
30 a. Cable Act shall mean the federal Cable Communications
31 Policy Act of 1984, Pub. L. No. 98 -549, 98 Stat. 2779
32 (1984) .
33 b. Cable service shall mean the one -way transmission to
34 subscribers of video programming or other programming
35 services, and the subscriber interaction, if any, which
36 is required for the selection of such video programming
37 or other programming service.
38 C. Cable system, cable television system, and CATV system
39 for purposes of this chapter are synonymous terms and
2
1 j. Drop shall mean the individual connection or cable from
2 the distribution system to each individual household or
3 connection.
4 k. Easement dedicated for compatible use means all easements
5 that a cable T.V. operator is authorized by State,
6 federal, or local law to use in operating its cable T.V.
7 system.
8 1. Federal Communications Commission (FCC) shall mean that
9 agency as presently constituted by the United States
10 Congress, or any successor agency.
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
m. Gross revenue shall mean all revenue from all sources,
including cash, credits, property of any kind or nature
or other consideration, which is derived directly or
indirectly by the licensee, arising from or in connection
with the operation of the cable system within the City of
South Miami including, but not limited to: revenues from
all charges for entertainment and non - entertainment
services provided to subscribers; basic service monthly
fees; installation, reconnection and similar fees; leased
access fees; converter rentals or retail sales; studio or
other facility or equipment rentals; advertising; revenue
derived from the sale of products advertised or promoted
on the system, including home shopping services; the sale
of signal to unlicensed operators; late fees; premium
services; enhanced basic services; and all other revenue.
Gross revenue shall not included uncollected bad debt,
revenue derived from the sale or rent of real property,
except studios; interest; taxes imposed by law on
subscribers which the company is obligated to collect and
which the company passes on, in full, to the applicable
tax authority or authorities; charges for repair to
equipment; resale of equipment on a wholesale basis;
sublicensing fees to other licensed operators that pay
license fees to the City; collection fees; returned check
charges; or unreturned equipment charges.
n. Interconnect shall mean the electronic connection of two
(2) or more different cable systems for the purpose of
sharing programs or other signals.
o. License shall mean the license granted to the applicant
for permission to install and operate CATV systems in the
City of South Miami, Florida.
P. License fee includes any tax, fee, or assessment of any
kind imposed by a franchising authority or other
governmental entity on a cable operator or cable
subscriber, or both, solely because of its status as
such; the term "license fee" does not include:
4
1
(1) Any tax, fee, or assessment of general
2
applicability (including any such tax, fee, or
3
assessment imposed on both utilities and cable
4
operators or their services but not including a
5
tax, fee, or assessment which is unduly discrimi-
6
natory against cable operators or cable
7
subscribers);
8
(2) In the case of any license in effect on Decem-
9
ber 30, 1984, payments which are required by the
10
license to be made by the cable operator during the
11
term of the license for, or in support of the use
12
of, public educational, or governmental access
13
facilities;
14
(3) In the case of any license granted after Decem-
15
ber 30, 1984, capital costs which are required by
16
the license to be incurred by the cable operator
17
for public, educational or governmental access
18
facilities;
19
(4) Requirements or charges incidental to the awarding
20
or enforcing of the license, including payments for
21
bonds, security funds, letters of credit, insur-
22
ance, indemnification, penalties, or liquidated
23
damages; or
24
(5) Any fee imposed under title 17, United States Code.
25
q.
Licensee shall be the corporation, partnership,
26
individual, or other entity granted a license for CATV by
27
the Commission.
28
r.
Person shall mean any individual, partnership,
29
corporation, or other legally recognized entity, whether
30
for - profit or not - for - profit.
31
S.
Priority service area shall mean that area of the City
32
assigned by the Commission wherein the licensee is
33
authorized to provide CATV service. The priority service
34
area need not include all licensed areas.
35
t.
Property owner means any individual, association, or
36
business entity that owns or controls an apartment
37
building, condominium, mobile home, duplex, single- family
38
home, or other property.
39
U.
Satellite master antenna television system or SMATV shall
40
mean a facility or combination of facilities that serves
41
only subscribers in one or more multiple -unit dwellings
42
under common ownership, control or management unless such
43
facility or facilities use any public right -of -way,
5
1 public property, public easement, or other easement whose
2 use is regulated by government.
3 V. Shall and will are mandatory, not merely directive.
4 W. Subscriber shall mean any person lawfully receiving for
5 any purpose any service provided by the cable operator.
6 X. System facilities shall mean the physical plant and
7 equipment constructed, operated and maintained by the
8 licensee for the purpose of producing, receiving,
9 amplifying and distributing radio, television and
10 electronic signals to and from subscribers in connection
11 with a cable system located within the City.
12 y. U.N.C.L.E. shall mean the Utility Notification Center
13 Liaison for Excavators.
14 Z. Weighted pro rata share of all City subscribers shall
15 mean the percentage of the individual licensee's
16 subscribers relative to all subscribers in the City of
17 South Miami. Where a system offers bulk rates to
18 multiple- outlet subscribers, such as apartment house or
19 motel operators, each bulk -rate contract is viewed as a
20 number of subscribers to be calculated by dividing the
21 total annual charge for the bulk -rate contract by the
22 system's basic annual subscription rate for an individual
23 household. For example, if a cable television system
24 charges an apartment house operator one thousand dollars
25 ($1,000.00) a year for a bulk -rate contract and charges
26 individual households a basic rate of fifty dollars
27 ($50.00) per year, the bulk -rate contract is counted as
28 twenty (20) subscriptions (i.e., 1,000 _ 50 = 20)
29 Sec. 8 -4. Licensing provisions; license required.
30 a. Any person desiring to install and/or operate any cable
31 television system in the City shall apply to the Commission for a
32 license pursuant to this chapter. Any license granted by the City
33 shall authorize and permit the licensee to engage in the business
34 of operating and providing a CATV system in the license or priority
35 service area assignment. For that purpose, subject to the approval
36 of the Public Works Department and all existing permitting
37 processes, the licensee is authorized to install, construct,
38 maintain and operate in, along, under, over, through, across and
39 upon any public right -of -way or street, such poles, wires, cables,
40 conductors, ducts, conduits, vaults, manholes, amplifiers,
41 appliances, attachments, and other property as may be necessary to
42 the CATV system. To the extent provided by State and federal law,
43 the licensee shall be entitled to use easements dedicated for
44 compatible uses.
1 b. It shall be a violation of this chapter to commence or
2 engage in the construction, operation or maintenance of a cable
3 system in the City without first having obtained a cable license
4 awarded by the Commission.
5 Sec. 8 -5. License application procedure; information required.
6 a. All applications to construct, operate, or maintain any
7 CATV system in the City or to traverse any portion of the City for
8 the transmitting or conveying of such service elsewhere, shall be
9 f iled with the South Miami City Manager, or such of f ice of the City
10 as the City Manager may designate. An application for the grant of
11 an initial license may be filed pursuant to a request for proposals
12 issued by the City or on an unsolicited basis. To be acceptable
13 for filing, an original and two (2) copies of the application must
14 be submitted and be accompanied by the application filing fee where
15 required.
16 b. Each application for an initial license shall set forth
17 the following:
18 (1) The name, address and telephone number of the
19 applicant.
20 (2) a detailed statement of the corporate or other
21 business organization of the applicant, including
22 but not limited to the following:
23 (a) The names, business addresses, and state of
24 residence of all general partners and
25 corporate officers of the applicant.
26 (b) The names, business addresses, and state of
27 residence of all persons owning or controlling
28 five (5) percent or more of the stock,
29 partnership shares, or assets of the applicant
30 and the respective ownership share of each
31 such person.
32 (c) The names and addresses of any parent corpora -
33 tion, parent entity, or holding company that
34 owns or, by ownership of other entities,
35 controls the applicant.
36 (d) The names and addresses of any business
37 entities owned or controlled by the applicant,
38 including, but not limited to, SMATV or CATV
39 operations.
40 (e) A detailed and complete financial statement of
41 the applicant, prepared by a certified public
42 accountant, for the five (5) fiscal years
7
1
immediately preceding the date of the appli-
2
cation, or a letter or other acceptable
3
evidence in writing from a responsible lending
4
institution or funding source, addressed to
5
both the applicant and the City, setting forth
6
a clear statement of its intent to provide the
7
capital required to construct and operate the
8
proposed system. If the corporate or business
9
entity organization of the applicant has not
10
been in existence for a full five ( 5 ) years,
11
applicant shall submit a certified financial
12
statement for the period of its existence.
13
(f) A detailed description of all previous
14
experience of the applicant in providing CATV
15
services or related or similar services which
16
includes a statement identifying, by place and
17
date, all other cable television licenses or
18
franchises awarded to the applicant, its
19
parent or subsidiary; the status of the
20
licenses or franchises with respect to
21
completion; the total cost of completion of
22
such systems; and the amount of applicant's
23
and its parent's or subsidiary's resources
24
committed to such systems.
25
(g) An indication of whether the applicant, or any
26
person controlling the applicant, or any
27
officer or major stockholder of the applicant,
28
has been adjudged bankrupt, had a cable
29
license or franchise revoked, or been found
30
guilty by any court or administrative agency
31
of a violation of a security or antitrust law,
32
felony, or any crime involving moral turpi-
33
tude; and, if so, identification of any such
34
person and a full explanation of the circum-
35
stances.
36
(3) A detailed financial plan describing for the first
37
five (5) years of the license, projected number of
38
subscribers, rates, all revenues, operating
39
expenses, capital expenditures, depreciation
40
schedules, income statements, and statement of
41
sources and uses of funds and schedule of all
42
capital additions.
43 (4) A detailed description of the proposed plan of
44 operation of the applicant, which shall include,
45 but not be limited to, the following:
46 (a) A detailed map indicating all areas proposed
47 to be served, a proposed time schedule for the
0
1 utility providing for the use of any facilities of
2 the public utility, including but not limited to
3 poles, lines or conduits.
4 (7) Copies of all reports filed with the FCC within the
5 last twelve (12) months by the applicant or its
6 parent relating to CATV operations, including but
7 not limited to the last and most current FCC Form
8 325.
9 (8) Any other reasonable information which could
10 materially affect the granting of the license and
11 which is requested by the City.
12 Sec. 8 -6. Application fee.
13 a. Each application submitted for a license under the
14 provisions of this chapter shall be accompanied by the required
15 nonrefundable application fee to offset the reasonable cost of
16 processing and evaluating the application.
17
b.
Application fees shall be the
following amounts:
18
For
an initial license . . . . . .
. . . . . . . $5,000.00
19
For
renewal of a license . . . . .
. . . . . . . . 2,500.00
20
For
transfer of a license . . . .
. . . . . . . . 2,500.00
21
For
modification of a license . .
. . . . . . . . 1,000.00
22
For
expansion of a license . . . .
. . . . . . . . 1,000.00
23 C. Where the City's out -of- pocket costs in considering the
24 application exceed the amount of the application filing fee, such
25 costs shall be paid by the applicant. Within thirty (30) calendar
26 days of the date of the resolution approving the application, the
27 City Manager must notify the approved applicant of the amount of
28 any such processing fee and its method of calculation. If the
29 processing fee is not paid within sixty (60) calendar days of the
30 date of the Commission resolution approving the application, any
31 license approved by the resolution will be null and void. Payment
32 under protest of the processing fee shall be a prerequisite to
33 contesting the amount of the fee pursuant to Section 8 -79. Amounts
34 paid under this subsection shall be amortized over the term of the
35 license; shall be applied as credit against the license fee; and
36 shall not exceed a total of one hundred thousand dollars
37 ($100,000.00) in any five -year period. To the extent any such
38 costs are applicable to more than one licensed operator, the cost
39 shall be allocated on a weighted pro rata share of all City
40 subscribers.
10
/0
1 Sec. 8 -7. Notice and comment period for initial and expansion
2 licenses.
3 If the City Manager finds that an application is incomplete,
4 the application and the fee shall be returned to the applicant with
5 a letter describing any and all insufficiencies found in the
6 application. The applicant may then reapply for a license upon
7 correcting the deficiencies noted by the City Manager. Upon
8 receipt of a complete application, the City Manager shall publish
9 notice within a ninety -day (90) period requesting written comments
10 from the public or any interested person. The notice shall name
11 the applicant, describe the proposed priority service area, name
12 any existing licensee authorized to serve the area, establish a
13 closing date for receiving comments and provide the address where
14 the comments should be sent. All such written comments shall be
15 submitted at least thirty (30) days before the public hearing
16 required by Section 8.
17 Sec. 8 -8. Public hearing for initial and expansion licenses.
18 a. The City Manager shall prepare a report to the Commission
19 regarding the award of a license to the applicant, which report
20 shall consider and respond to any comments received and shall
21 contain the City Manager's recommendations concerning the
22 application. The City Manager shall schedule a public hearing
23 before the Commission to consider the application and the City
24 Manager's report. Notification of any CATV license hearing must be
25 published one (1) time each for two (2) consecutive weeks in a
26 paper of general circulation in the City. The notice shall name
27 the applicant, describe the proposed priority service area, and set
28 a time and date certain, at least fourteen (14) days from the date
29 of the first publication of the notice, for the public hearing.
30 The public hearing maybe continued from time to time as determined
31 to be necessary by the Commission. The City shall make a final
32 determination on the application within six (6) months of the date
33 a completed application was received unless it is determined that
34 the applicant has caused the delay.
35 b. The Commission shall consider all factors required by
36 State or federal law, including, among other factors the
37 applicant's character, technical, legal, and financial
38 qualifications to construct and operate the facilities proposed;
39 the nature of the proposed system; the economic impact on private
40 property within the proposed priority service area; the capability
41 of the public rights -of -way to accommodate the proposed system; the
42 present and future use of the rights -of -way to be used; the
43 potential disruption to existing users of the right -of -way; whether
44 the proposal will meet reasonably anticipated community needs and
45 serve the public interest; and all other factors as the City may
46 determine to be relevant. The Commission shall approve, disapprove
47 or take any other action it finds to be in the public interest.
11
1 The Commission may, by resolution, assign a priority service area
2 to the licensee.
3 Sec. 8 -9. Term of license.
4 No license, including a renewal license, shall be issued for
5 a term longer than ten (10) years. A licensee holding a current
6 license under any previous ordinance may file for a renewal of its
7 license pursuant to the terms of this chapter which shall require
8 adequate notice to the public and opportunity to comment and may
9 have its license renewed for additional periods of no longer than
10 ten (10) years duration.
11 Sec. 8 -10. Acceptance of license.
12 Within thirty (30) calendar days after the ordinance awarding
13 the license, the licensee shall file with the City Manager its
14 written acceptance of the license, together with the insurance
15 policies and bonding documents required by Sections 8 -22 through 8-
16 25, and its agreement to be bound by and to comply with all
17 requirements pursuant to the provisions of this chapter and the
18 license. All material statements and declarations contained in the
19 application shall be incorporated as conditions of the license.
20 Such acceptance and agreement shall be in form and content
21 satisfactory to and approved by the City Attorney.
22
Sec. 8 -11.
License is nonexclusive
and restricted.
23
a. Any
license granted under
this chapter shall be
24
nonexclusive,
and issuance will not
expressly or implicitly
25
preclude the
issuance of other licenses to operate cable systems
26
within the City or affect the City's
right to authorize use of
27
public rights
-of -way to other persons as
it determines appropriate.
28 b. The licenses granted pursuant to this chapter shall
29 confer only such privileges or exemptions specifically provided in
30 this chapter or mandated by federal or State law.
31 C. Any privilege claimed under the license in any street or
32 other public property shall be subordinate to any prior lawful
33 occupancy of the streets of other public property.
34 Sec. 8 -12. Changes to license terms and conditions.
35 Each application for modification of a license shall set forth
36 the following information. To be acceptable for filing, an
37 original and two (2) copies of the application must be submitted
38 and be accompanied by the required application fee.
39 a. The specific modification requested;
12
1 b. The justification for the requested modification,
2 including the impact of the requested modification on
3 subscribers and others, and the impact on the applicant
4 if the modification is not approved;
5 C. A statement whether the modification is sought pursuant
6 to federal or State law, and, if so, a demonstration that
7 the requested modification meets the legal standards of
8 that law; and
9 d. Any other information necessary for the City to make a
10 determination.
11 No application fee shall be required where the modification is
12 requested by the City or where the modification is required to
13 bring the license into conformity with the law of a superior
14 sovereign.
15 Sec. 8 -13. Expansion of a priority service area.
16 Except for pass - through facilities to connect non - contiguous
17 portions of a licensee's priority service area, no facilities or
18 equipment may be installed outside of the licensee's priority
19 service area, and the licensee shall not offer or provide service
20 to persons outside of the priority service area. Licensees may
21 apply for an expansion of their priority service area by filing an
22 original and two (2) copies of an application accompanied by the
23 required application fee. Expansion of a priority service area
24 shall be within an applicant's existing license area.
25
a. The
City Manager shall investigate all applications for
26
installation of CATV distribution systems to determine
27
whether the application meets the following standards:
28
(1)
The requested installation is an orderly, logical
29
progressive expansion or extension of the
30
licensee's existing system;
31
(2)
The requested installation is an expansion or
32
extension into areas contiguous to those areas
33
containing existing distribution system;
34
(3)
The number of residential units passed by active
35
distribution cable with the immediate capability of
36
providing service when divided by the number of
37
residential units, as determined from the records
38
of the electric utility providing service in the
39
area within the licensee's previously approved
40
areas, yields a percentage in excess of eighty
41
(80) ;
13
1
(4) The requested installation is within the
2
applicant's license area;
3
(5) The licensee has adequate financial and managerial
4
resources to complete the requested installation in
5
a logical, orderly and prompt fashion;
6
(6) The licensee is in full compliance with all
7
provisions of this chapter and any approved rules
8
and regulations;
9
(7) The expansion will meet reasonably anticipated
10
community needs and serve the public interest; and
11
all other factors as the City may determine to be
12
relevant.
13
b. Should the Manager determine that the requested
14
installation is within the licensed areas, the Manager
15
shall, within ten (10) days after receipt of the
16
application, provide notice of the application to the
1'7
CATV licensee or licensees operating within the City.
1 -8
Such affected licensee may, within twenty (20) days after
19
the date shown on the face of the notice provide written
20
comments regarding the requested installation. The
21
Manager shall consider and respond to any such comments
22
received in a timely manner. Should the Manager
233
determine that the requested installation is outside the
24
license area, the application shall be returned for
25
refiling in accordance with Sections 8 -5 through 8 -8 of
26
this chapter.
27
C. The Manager may approve installations which do not meet
28
the criteria specified in subparagraphs 13(a)(1) and (2)
29
above if there are insufficient residences, as defined in
30
Section 8 -28, in a contiguous area or if municipal
31
franchises require the noncontiguous expansion. The
3,2
Manager may approve installations which do not meet the
33
standards specified in subparagraph 13(a) (3) if causes
34
beyond the control of the licensee have prevented the
35
installations in previously approved areas from being
36
substantially constructed.
37
d. Applications for installation of CATV distribution
38
systems shall be approved or disapproved by the City
39
Manager, whether in whole or in part, in writing not
40
later than ninety (90) days after receipt of an
41
application. Applications for which decisions are not
42
rendered within ninety (90) days shall be considered
43
approved in their entirety. The City Manager shall
44
notify the licensee, the Public Works Department, the
45
utility companies, and each licensee in the affected area
46
of his decision.
14
2 The City shall grant or deny renewals pursuant to the
3 procedures mandated by any controlling federal or State law in
4 effect at the time of the renewal. If there is no such mandated
5 procedure pursuant to controlling federal or State law, the
6 licensee shall have a right to renew pursuant to procedures at
7 least as protective as those laws governing the matter immediately
8 prior to repeal of such renewal procedures and rights.
9
Sec. 8 -15. Transfers.
10
a. No transfer of a
license
shall occur without prior
11
approval of the City, which
approval
shall not
be unreasonably
12
withheld.
13
b. Any transfer of a
license
shall be
subject to the
14
application requirements of
Section 8- 5.b.(1),(2),(3),
and (8) .
15
Final action on the request
shall be
taken at a
public hearing
16
within a reasonable amount
of time
of receipt
of a completed
17
application.
18 C. Transfer of a license shall mean (1) assignment, sale or
19 transfer of more than thirty (30) percent of the stock, partnership
20 shares or assets of the licensee to a person other than the
21 licensee; (2) assignment, sale or transfer of more than forth (40)
22 percent of the ownership of any parent corporation, parent entity
23 or holding company that owns, or by ownership of other entities,
24 controls the licensee; or (3) the transfer of any interest that
25 results in the change of effective control of the licensee.
26 d. This section does not apply to any restructure,
27 recapitalization or refinancing which does not change the effective
28 control of the licensee; in such transfer, the licensee shall give
29 prior notice to the City Manager within thirty (30) days prior to
30 such transfer.
31 e. In making a determination on whether to grant an
32 application to transfer a license, the Commission will consider the
33 legal, financial, technical and character qualifications of the
34 transferee to operate the system.
35 f. Approval by the City of a transfer of a license does not
36 constitute a waiver or release of any of the rights of the City
37 under this chapter.
38 Sec. 8 -16. Authority of the City Manager.
39 The City Manager shall have the responsibility for overseeing
40 the day -to -day administration of this chapter and licenses granted
41 hereunder. The City Manager, or any member of the City Manager's
42 staff so designated by the City Manager, may administer oaths,
15
1 certify to official acts, issue subpoenas, and compel the
2 attendance of witnesses and the production of papers, account
3 books, contracts, documents and other records, data or information,
4 when necessary, convenient, or appropriate in the discharge of the
5 duties of his office. The City Manager shall be empowered to take
6 all administrative actions on behalf of the City, including
7 adopting forms for application and reporting and other
8 administrative procedures as are necessary, except for those
9 actions specified in this chapter which are reserved to the
10 Commission.
11 Sec. 8 -17. License fee and public property charge.
12 a. Each licensee shall pay to the City of South Miami a
13 quarterly license fee, at the time its quarterly report is due,
14 based upon the licensee's gross revenue during the preceding
15 quarter in the following amounts:
16 (1) Five (5) percent of gross revenues derived from the
17 priority service area in the City;
18 (2) One (1) of the percentage points in cable T.V.
19 license fees collected by the City shall be
20 dedicated to the support of public, educational,
21 and governmental program services. These dedicated
22 funds will be disbursed pursuant to the normal City
23 budgetary process, at the discretion of the
24 Commission.
25 b. No acceptance of payment shall be construed as a release
26 or as an accord and satisfaction of any claim the City may have for
27 further operational sums payable under this chapter or for the
28 performance of any other obligation hereunder.
29 C. Nothing in this section shall limit the licensee's
30 liability to pay other local taxes, fees, charges, or assessments
31 to the City and other taxing and governmental authorities.
32 d. All amounts which are not paid when due and payable
33 hereunder shall bear interest at the legal rate, as defined in
34 Florida Statutes, until paid.
35 Sec. 8 -18. Selling of signal.
36 Should any licensee sell signal to a legally affiliated
37 satellite master antenna television system (SMATV system) located
38 within its priority service area, the gross revenue of the SMATV
39 system shall be imputed to the gross revenue of the licensee for
40 purposes of the fees calculated on the basis of gross revenue set
41 forth herein; and the licensee shall owe the City said fees based
42 upon the gross revenue of both the cable system and the SMATV
43 system.
16
1 Sec. 8 -19. Rights reserved to the City.
2 a. The right is hereby reserved to the Commission to adopt,
3 in addition to the provisions contained herein and in existing
4 applicable agreements, such additional rules and regulations as it
5 shall find necessary in the exercise of the police power, for the
6 proper administration and enforcement of the provisions of this
7 chapter; provided that such regulations shall be reasonable and
8 shall conform with the terms and conditions of the licenses and the
9 rights herein granted and shall insure fair and equitable treatment
10 for all municipalities affected by cable service. No such rules
11 and regulations shall become effective until a public hearing has
12 been held upon the proposed rules and regulations, and any
13 amendments or modifications thereto, and the same have been filed
14 with the City Clerk.
15 b. The City shall have the right to install, maintain, and
16 operate antennae, amplifiers, co -axial cable, wire, fiber optic
17 cable fixtures and appurtenances necessary for a City communica-
18 tions system upon or within the communications facilities of the
19 licensee on the condition that such installations do not interfere
20 with the property or operations of the licensee and at no cost to
21 the City except to reimburse the licensee for any additional costs
22 incurred as a result of any such construction by the City.
23 Sec. 8 -20. Liability, indemnification; liability in case of
24 emergency.
25 If, at any time in case of fire, police action, disaster, or
26 other emergency, it shall appear necessary in the reasonable
27 judgment of the City to cut, move or otherwise interfere with any
28 of the wires, cables, amplifiers, appliances or appurtenances
29 thereto of the licensee the City shall not be liable for any injury
30 or damage to such property and equipment of the licensee as a
31 result of such cutting, moving or interference.
32 Sec. 8 -21. Indemnification.
33 The licensee shall indemnify, defend and hold the City, its
34 officers, agents and employees harmless from any liability, claims,
35 damages, judgments, costs or expenses, including reasonable
36 attorney's fees caused by any conduct undertaken by the licensee,
37 its officers, agents or employees, pursuant to or by reason of the
38 license or caused by any policy or practice by the City of South
39 Miami on behalf of the licensee arising pursuant to Sections 8 -30;
40 8 -67; and 8 -69. The licensee shall at its sole cost and expense,
41 upon demand of the City, appear in and defend any and all suits,
42 actions or other legal proceedings, whether judicial, quasi -
43 judicial, administrative, legislative or otherwise, brought or
44 instituted or had by third persons or duly constituted authorities,
45 against or affecting the City, its officers, agents or employees,
17
I and arising out of or pertaining to any conduct, policy, or
2 practice which is within the scope of this indemnity.
3 Seca 8 -22. Insurance; policy limits.
4 a. Within thirty (30).days after the effective date of the
5 license, and prior to any operations under the license,
6 the licensee shall provide proof of the required
7 insurance. The licensee shall maintain said insurance
8 throughout the term of the license and said insurance
9 shall include, at a minimum, the following types of
10 insurance coverage in amounts not less than shown:
11 (1) Worker's compensation: Coverage to apply for all
12 employees for statutory limits in compliance with
13 the applicable State and federal laws. The policy
14 must include employers' liability with a limit of
15 five hundred thousand dollars ($500,000.00) each
16 accident.
17 (2) Comprehensive general liability: Shall have
18 minimum limits of one million dollars
19 ($1,000,000.00) per occurrence combined single
20 limit for bodily injury liability and property
21 damage liability. This shall include premises
22 and /or operations, independent contractors, and
23 subcontractors and /or completed operations, broad
24 form property damage, XCU coverage, and a
25 contractual liability endorsement.
26 (3) Business auto policy: Shall have minimum limits of
27 one million dollars ($1,000,000.00) per occurrence
28 combined single limit for bodily injury liability
29 and property damage liability. This shall include
30 owned vehicles, hired and non -owned vehicles.
31 b. The insurance coverage obtained by the licensee in
32 compliance with this section shall be approved by the Risk Manager
33 and the City Attorney, and such insurance policies, along with
34 written evidence of payment of required premiums, shall be filed
35 and maintained with the City Manager or his designee during the
36 term of the license.
37
C.
Upon thirty (30)
days notice, the insurance coverage and
38
policy
requirements may be
changed and increased from time to time
39
at the
discretion of the Commission to reflect changing liability
40
exposure and limits.
41
d.
Nothing herein is
intended as a limitation to the extent
42
of any
legal liability of
the licensee.
18
1 Sec. 8 -23. Insurance policy provisions.
2 a. Resident company and agent: All insurance policies,
3 letters of credit and bonds as are required of a licensee in this
4 chapter shall be written by a company or companies authorized and
5 qualified to do business in the State of Florida, and have a
6 minimum rating of "AX" in Best's Rating Guide.
7 b. Certificates and renewals: Certificates and renewals of
8 all coverage required shall be promptly filed by the licensee with
9 the City Manager or his designee. Each policy shall require notice
10 and the licensee shall notify the City within thirty (30) days of
11 any cancellation or modification of any insurance coverage required
12 by this chapter, which notice shall be sent by registered mail to
13 the City Manager or his designee. Renewal certificates shall be
14 filed with the City no less than thirty (30) days prior to the
15 policy expiration date.
16 C. Additional insured: The City shall be included as an
17 additional insured on the comprehensive general liability.
18 d. Premium payment: Companies issuing the insurance
19 policies shall have no recourse against the City for payment of any
20 premiums or assessments, and same shall be the sole responsibility
21 of the licensee.
22 e. Neither the provisions of this section, nor the
23 acceptance of any bonds by the City pursuant to this chapter, nor
24 any damages received by the City thereunder, shall be construed to
25 excuse performance by a licensee or limit the liability of a
26 licensee for damages to the full amount of the bonds or otherwise.
27 Sec. 8 -24. Bonding requirements; construction bond.
28 a. The licensee shall, as required by the City Manager and
29 within thirty (30) days after the effective date of an initial
30 license granted under this chapter, post with the City either a
31 construction bond or an irrevocable letter of credit issued by a
32 Florida bank or a federally insured lending institution in an
33 amount equal to fifty (50) percent of the projected cost of
34 required construction and installation of the system. Existing
35 licensees shall post such bond or irrevocable letter of credit with
36 the City and as required by the City Manager at the same time as
37 and in conjunction with submission of a construction plan or
38 reconstruction plan for required construction, and in any event at
39 least thirty (30) days prior to the start of the required
40 construction or reconstruction. The bond or letter of credit will
41 be returned at the end of six (6) years to the licensee or at such
42 prior time. as the system has been completed and approved by the
43 City, provided:
19
1 (1) The licensee has met or exceeded the construction
2 schedule required by Section 8 -28, if applicable;
3 and
4 (2) The licensee has in good faith complied with all
5 terms and conditions of the license and all
6 provisions of this chapter as well as the rules and
7 regulations herein required and permitted.
8 b. If the licensee submits a cable system construction or
9 reconstruction map and schedule which provides for required-
10 construction of the system in progressive stages to provide service
11 to specified and definitive sections of the license area, the
12 licensee may submit a construction bond or irrevocable letter of
13 credit equal only to fifty (50) percent of the projected cost of
14 construction and installation of each specified and definitive
15 section of the system in lieu of the bond or letter of credit
16 required by this section; provided, however that the licensee must
17 complete construction of the specified section to which the
18 construction bond applies prior to the initiation of construction
19 of a subsequent section.
20 C. If the licensee fails to perform its construction
21 obligations, the licensee shall forfeit that portion of the
22 construction bond needed to complete the remaining required
23 construction.
24 d. The construction bond will not be in lieu of any other
25 guarantee or indemnification required by this chapter and shall be
26 in addition to the performance bond or irrevocable letter of credit
27 required in Section 8 -25.
28 e. This section shall not apply to any construction which
29 results in less than five (5) miles of cable plant for any given
30 project.
31 Sec. 8 -25. Permanent performance and payment bond.
32 The licensee shall within thirty (30) days of the effective
33 date of an initial license granted under this chapter or within
34 thirty (30) days of the granting of a renewal or the transfer of a
35 license existing prior to this chapter, furnish to the City a
36 performance bond or an irrevocable letter of credit issued by a
37 Florida bank or a federally insured lending institution in the
38 amount of one hundred thousand dollars ($100,000.00). The
39 performance bond or letter of credit shall be used to guarantee the
40 compliance with performance requirements and payment of all sums
41 which may become due to the City under this chapter. The
42 performance bond or letter of credit shall be maintained in the
43 full amount specified herein throughout the term of the license and
44 for one (1) year after the license expires or is terminated, without
20
1 reduction or allowances for any amounts which are withdrawn or paid
2 pursuant to this chapter.
3 Sec. 8 -26. FCC petition and license.
4 The licensee shall, except for existing licenses, within sixty
5 (60) days after the issuance of a license under this chapter, apply
6 to the FCC for all certifications, registrations or licenses as may
7 be required for the operation of the cable system. Failure of the
8 licensee to obtain the necessary permits and licenses within one
9 (1) year of the issuance of a license under this chapter shall
10 cause the license to become null and void, unless the licensee
11 petitions the Commission for an extension of time upon good cause
12 shown.
13 Sec. 8 -27. Compliance with applicable laws and ordinances.
14 a. The licensee shall at all times during the life of this
15 chapter be subject to all lawful exercise of the police power by
16 the City and to such reasonable regulation by the City as the City
17 shall hereafter provide. The licensee shall comply with all laws,
18 statutes, codes, ordinances, rules, or regulations applicable to
19 its business. Specific and exact compliance to all zoning and
20 building regulations shall be adhered to by the licensee.
21 b. Except as may be specifically provided for in this
22 chapter, the failure of the City or a licensee, upon more than one
23 (1) occasion, to exercise a right or to require compliance or
24 performance under this chapter shall not be deemed to constitute a
25 waiver of such right or a waiver of compliance or performance in
26 the future.
27 Sec. 8 -28. Cable system construction; construction and time
28 limitations.
29 Within one (1) year from the date of issuance of an initial
30 license or the extension of a priority service area, the licensee
31 shall complete construction of thirty (30) percent of the proposed
32 CATV system within the priority service area described in the
33 license. Thereafter, each year, it shall extend energized cable to
34 twenty (20) percent of the homes within the priority service area
35 described in the license until the system is substantially
36 constructed. The system shall not be substantially completed until
37 the licensee has extended cable television service to all parts of
38 its service area that have a minimum density of thirty (30)
39 dwellings per strand mile of cable. The licensee need not, but may
40 at its option, extend service to areas that have fewer than thirty
41 (30) dwellings per strand mile of cable. All construction pursuant
42 to this section shall be done in a logical, orderly, progressive
43 and contiguous manner.
44 Sec. 8 -29. Rights to use easements and streets not warranted.
21
1 It is understood that there may from time to time be within
2 the City various easements and streets which the City does not have
3 the unqualified right to authorize licensee to use; therefore, in
4 granting a license, the City does not warrant or represent as to
5 any particular easement, street, or portion of a street that it has
6 the right to authorize licensee to install or maintain portions of
7 its system therein, and in each case the burden and responsibility
8 for making such determination in advance of the installation shall
9 be upon the licensee.
10 Sec. 8 -30. Unlawful to interfere with licensee's access to
11 easements.
12 a. Conduct prohibited.
13 (1) No property owner shall deny any owner, occupant,
14 tenant, or lessee their right to have cable T.V.
15 service provided by a licensee.
16 (2) No property owner shall forbid, prevent, or
f7 interfere with the licensee when the licensee is
18 attempting to enter onto property at reasonable
19 times and in reasonable circumstances for the
20 purpose of the construction, installation,
21 maintenance, or operation of a cable television
22 system or facilities on easements dedicated for
23 compatible use.
24 (3) Except as provided for in subsection (b) of this
25 provision, no property owner shall demand or accept
26 payment in any form as a condition of permitting
27 access to any easements dedicated for compatible
28 use or as a condition of allowing the licensee to
29 construct, install, maintain, or operate its cable
30 T.V. system on an easement dedicated for compatible
31 use.
32 (4) No property owner shall discriminate in rental
33 charges or otherwise discriminate against any
34 owner, occupant, tenant, or lessee on account of
35 the purchase of cable services from a licensee by
36 that owner, occupant, tenant, or lessee on account
37 of the purchase of cable services from a licensee
38 by that owner, occupant, tenant, or lessee.
39 b. In installing, maintaining, operating, or removing its
40 facilities in, upon, on or from any easements dedicated for
41 compatible uses, the licensee shall ensure:
42 (1) That the safety, functioning, and appearance of the
43 premises and the convenience and safety of other
44 persons not be adversely affected by the
22
1 installation, construction, or removal of
2 facilities necessary for a cable system;
3 (2) That the cost of the installation, construction,
4 operation, or removal of such facilities be borne
5 by the licensee or subscriber, or a combination of
6 both; and
7 (3) That the owner be justly compensated by the
8 licensee for any damages caused by the
9 installation, construction, operation, or removal
10 of such facilities by the licensee.
11 C. Nothing herein shall be construed to prohibit or prevent
12 any property owner from constructing, installing, or continuing to
13 maintain and operate an independent television receiving system
14 subject to the other provisions of this chapter; provided, however,
15 that the construction, installation, maintenance, and operation of
16 such receiving system shall not prevent the licensee from
17 constructing, installing, maintaining, and operating its cable
18 service through its cable system.
19 d. This chapter is not intended to, and nothing herein shall
20 be construed to, preclude appropriate payments, arrangements, or
21 agreements for the use by cable operators of other utilities'
22 facilities and equipment, including pole attachment agreements.
23
e. Any
person who willfully
violates
this section shall be
24
subject to a
five hundred dollar
($500.00)
fine and thirty (30)
25
days in jail
for each violation.
than, or in
40
any other fashion than in the
26
f. The
licensee shall have
a private
right
of action for
27
damages and
injunctive relief
in any
court
of competent
28
jurisdiction
to enforce its rights
pursuant
to this
section.
29
Sec. 8 -31.
Other agreements, permit and
easement
requirements.
30 The City shall not be required to assume any responsibility
31 for the securing of any rights -of -way, easements, or other rights
32 which may be required by the licensee for the installation of a
33 CATV system, nor shall the City be responsible for securing any
34 permits or agreements with other persons or utilities.
35 Sec. 8 -32. No property rights conveyed.
36
Nothing in this chapter
or in the license shall grant to the
37
license holder any right of
property in City -owned
property or
38
public rights -of -way, nor shall the City be compelled
to maintain
39
any of its property or public
rights -of -way any longer
than, or in
40
any other fashion than in the
City's judgment, its own
business or
41
needs may require. Tn addition, the license holder shall not be
42
entitled to any compensation
for damages from the City
as a result
23
1 of having to remove or relocate its property, lines and cables from
2 such public property or public rights -of -way in the event the City
3 determines that a necessity exists for such removal or relocation.
4 Sec. 8 -33. Construction map and schedule.
5 The licensee shall submit a plan and schedule for all major
6 construction or reconstruction projects. In the case of all
7 required construction or reconstruction, the plan and schedule
8 shall be incorporated by reference and made a part of the license.
9 In the case of all voluntary construction or reconstruction, the
10 plan and schedule shall be submitted for informational purposes.
11 The plan shall make reference to the licensee's cable system design
12 details, equipment specifications, and design performance criteria
13 (collectively referred to as licensee's proprietary data) which
14 shall be maintained by the company at its business office. The
15 City shall have the right to inspect but not copy licensee's
16 proprietary data. The plan shall also include a map of the entire
17 license area and shall clearly delineate the areas within the
18 license area where the cable system will be initially available to
19 subscribers including a schedule of construction for each year that
20 construction or reconstruction plans and maps shall be submitted to
21 the City at least sixty (60) days prior to the start of
22 construction or reconstruction.
23 Sec. 8 -34. Prior approval by City.
24 The licensee must comply at all times with all policies,
25 procedures and directives of the City Manager. Except for
26 individual service drops, the licensee shall not erect any pole,
27 run any line, nor shall any construction on public property and
28 related to the delivery of cable services be commenced without the
29 prior approval of the City Manager. Prior to the issuance of such
30 approval, the licensee shall submit to the City Manager:
31 a. Strand maps of the system authorized by the proposed
32 license showing distribution system routing, utility
33, company poles to which the system facilities are to be
34 attached; and
35 b. Copies of all pole attachment agreements made by the
36 licensee with Southern Bell and Florida Power and Light
37 Company and any other utility or company to which an
38 attachment is to be made.
39 Sec. 8 -35. City's right to inspect.
40
41
42
43
The City shall have the right to inspect the installation,
construction, operation and maintenance of the system by the
licensee to insure the proper performance of the terms of this
chapter.
24
1 Sec. 8 -36. Joint or common use of poles.
2 The licensee shall enter into agreements for the joint or
3 common use of poles or other wire - holding structures where poles or
4 other wire - holding structures already exist for the use in serving
5 the City or serving the public convenience. No location of any
6 pole or wire- holding structure of the license shall be a vested
7 property interest, and such pole or structure shall be removed or
8 modified by the licensee at its own expense whenever the City
9 determines it to be necessary in conjunction with a City project.
10 Sec. 8 -37. Location /relocation of facilities.
11 a. The licensee's system may be installed aboveground in
12 areas where existing power or telephone facilities are aboveground,
13 and shall be installed underground in areas where existing power
14 and telephone facilities are installed underground. If both power
15 and telephone facilities are installed aboveground, the licensee
16 shall install its facilities underground at the request of a
17 resident or property owner when the resident or property owner
18 agrees to pay the additional cost of such installation.
19 b. Licensee shall not place any fixtures or equipment where
20 the same will in interfere with any existing gas, electric, CATV,
21 telephone, sewer, drainage or water lines, fixtures or equipment.
22 The licensee shall locate its lines and equipment in such a manner
23 as not to interfere unnecessarily with the usual travel on streets;
24 with the installation or operation of gas, electric, CATV,
25 telephone, water, drainage, or sewer lines equipment; or with the
26 rights or reasonable convenience of owners of property which abuts
27 any street.
28 C. Licensees shall relocate any aboveground portion of their
29 systems underground in any easement or right -of -way area where
30 existing power and telephone facilities are hereafter so relocated.
31 Any such relocation shall be at the licensee's expense, and such
32 relocation shall be accomplished concurrently with relocation of
33 any such power and telephone facilities.
34 d. The licensee shall have the authority to °trim trees upon
35 or overhanging streets, alleys, sidewalks and public ways and
36 places of the City so as to prevent the branches of such trees from
37 coming in contact with the wires and cables of the licensee, in a
38 manner approved by and acceptable to the City. At the option of
39 the City, such trimming may be done by it or under its supervision
40 and direction at the expense of the licensee, if prior notification
41 has been given to the licensee and licensee thereafter failed to
42 respond.
43 e. Licensees shall promptly and at the licensee's own
44 expense, protect, support, temporarily disconnect, remove, modify
45 or relocate any part of their systems when required by the City by
25
1 reason of traffic conditions, public safety, road construction
2 change of street grade, installation of sewers, drains, water
3 pipes, power lines, signal devices, tracks, any other type of City
4 improvement project or to accommodate the abandonment of any
5 street.
6 f. Each licensee shall, on the request of any person holding
7 a building moving permit issued by the City, temporarily raise or
8 lower its wires to permit the moving of buildings. The expense of
9 such temporary removal or raising or lowering of wires shall be
10 paid by the person requesting same, and the licensee shall have the
11 authority to require such payment in advance. Licensee shall be
12 given not less than forty -eight (48) hours' advance notice to
13 arrange for such temporary wire changes.
14 g. With regard to underground construction, all drop cables
15 shall be buried at a sufficient depth so that no portion of the
16 drop is exposed or visible to view.
17 Sec. 8 -38. Work in the right -of -way.
18 a. A licensee must obtain any required permits before
19 causing any damage or disturbance to public rights -of -way,
20 easements or thoroughfares as a result of its construction or
21 operations and must restore to their former condition such property
22 in a manner approved by the City. If such restoration is not
23 satisfactorily performed within a reasonable time, the City, after
24 prior notice to the licensee, may cause the repairs to be made at
215 the expense of the licensee. All additional or reoccurring repairs
2,6 required as a result of the l'icensee's work may also be made at the
2''7 expense of the licensee.
2,8 b. Licensees granted permission to install and operate cable
29 television systems in the City shall provide at least seven (7)
10 days' prior notice to the residents of an area, by mail or through
3'1 the placement of notices on the front doorknobs of the residents in
32 the area, with such notices providing the licensee's name and
33 telephone number, that licensee's construction crews will be
34 installing cable in the areas.
35 C. All vehicles utilized by licensees in the construction of
36 the licensee's system shall be clearly marked, providing the
37 licensee's name and telephone number, and, if applicable, the CC#
38 as required by Section 10 -4 of the Dade County Code. All personnel
39 employed by licensees in the construction of the licensee's system
40 shall possess identification providing the employee's name and the
41 licensee's name and telephone number.
42 d. The licensee shall joint and maintain a continuous
43 membership in U.N.C.L.E. and use its services prior to
44 construction. Only certified contractors may be utilized for the
45 construction.
26
1 e. All new pedestals, amplifiers and power supplies
2 installed or worked on by the licensee shall be marked with the
3 name of the licensee. The licensee will make all reasonable
4 efforts to ensure that all existing pedestals, amplifiers and power
5 supplies shall be marked during the normal course of business.
6 Seca 8 -39. Safety.
7 a. Licensee's work performance, equipment and job sites
8 shall be in compliance with all applicable City, Dade County, State
9 and federal requirements and shall conform to the provisions of the
10 public works manual. A licensee's work, while in progress, shall
11 be properly protected at all times with suitable barricades, flags,
12 lights, flares, or other devices as are required by the Manual on
13 Uniform Traffic Control Devices (FDOT) or any requirements of the
14 Public Works Department to protect all members of the public having
15 occasion to use the portion of the streets involved or adjacent
16 property.
17 b. Licensee shall at all times employ due care and shall
18 install, maintain and use commonly accepted methods and devices for
19 preventing failures and accidents which are likely to cause damage,
20 injuries or nuisances to the public. All structures and all lines,
21 equipment and connections in, over, under and upon the streets of
22 the City wherever situated or located shall at all times be kept
23 and maintained in a safe, suitable, substantial condition, and in
24 good order and repair.
25 Sec. 8 -40. General standards; signal standards.
26 a. The systems shall pass standard color television and FM
27 signals without abnormal degradation. The system must be capable
28 of delivering all National Television Systems Committee (NTSC)
29 color and monochrome standard signals and designed to provide
30 picture quality of TASO grade 2 or better and superior reliability.
31 b. All new construction, rebuilds and upgrades shall be
32 designed and spaced to have a capacity no less than four hundred
33 fifty (450) megahertz.
34 C. All television signals transmitted on a cable system must
35 include any closed circuit captioning information for the hearing
36 impaired that is available to the licensee.
37 Sec. 8 -41. Technical standards.
38 a. CATV systems shall be installed and maintained in
39 accordance with FCC technical specifications, all State and local
40 regulations, regulations and industry standards as reflected in the
41 Recommended Practices For Measurements On Cablevision Systems,
42 published by the National Cable Television Association.
27
1 b. Any antenna structure used in the cable system shall
2 comply with all construction, marking and lighting requirements of
3 federal, State or local laws and accepted industry standards.
4 C. All construction, installation, grounding, and mainten-
5 ance shall comply with the current versions of the National
6 Electrical Safety Code, the National Electrical Code, and the Bell
7 System Code of Pole Line Construction.
8 d. Systems shall be maintained in such a manner as to
9 prevent signal leakage from the facilities in excess of the limits
10 specified in applicable rules and regulations of the FCC. The
11 licensee may disconnect any person who, in the licensee's judgment,
12 is contributing to a signal leakage problem.
13
e.
Underground construction in streets shall be of such
14
quality as to assure continuity of service without
the necessity of
15
frequent
street or pavement cutting and shall
contain a self-
16
sealing
device to insure all such cables against
leakage.
17
f.
All cables and wires shall be installed,
where possible,
18
parallel
with electric and telephone lines.
19 g. If the federal law preempting local regulation of
20 technical standards is repealed, any technical standards imposed by
21 the City shall be no stricter than the repealed federal standards
22 or generally accepted standards in the cable television industry,
23 whichever are greater.
24 Sec. 8 -42. Inspection and performance tests.
25 a. The City shall have the right to make such inspections as
26 it shall find necessary to insure compliance with terms of this
27 license and other pertinent provisions of law. The City shall
28 have the right to require the licensee to provide and keep accurate
29 calibrated test equipment immediately available for use in the City
30 for the testing of all service and operational standards in this
31 chapter and the licensee shall conduct such tests as requested by
32 the City in order to establish the level of performance of the
33 system.
34 b. The licensee shall advise the City when a proof of per -
35 formance test is scheduled so that the City may have an observer
36 present. The licensee shall maintain test points as required by
37 federal law and shall allow the City to have access to those test
38 points upon reasonable notice and at intervals not more frequently
39 than required by federal law, except for good and substantial cause
40 shown.
41 Sec. 8 -43. Service requirements; equipment for the hearing
42 impaired.
M
1 A licensee shall make available to its subscribers equipment
2 capable of decoding closed circuit captioning information for the
3 hearing impaired. An additional reasonable charge for any such
4 equipment may be imposed.
5 Sec. 8 -44. Standby power.
6 The licensee shall maintain equipment capable of providing
7 standby power for headend, transmission and trunk amplifiers for a
8 minimum of one (1) hour.
9 Sec. 8 -45. Notice of change in services.
10
The licensee shall, to the extent possible,
send written
11
notice
to the City Manager and to all subscribers at
least thirty
12
(30)
days prior to rearranging, replacing, removing
or retiering
13
services.
To the extent prior notice is not possible,
the licensee
14
will
provide notice of such a change within a reasonable
amount of
15
time.
16
Sec.
8 -46. Lock -out devices.
17 The licensee shall make available, to any residential
18 subscriber so requesting, a "parental guidance" or "lock -out"
19 device which shall permit the subscriber, at his or her option, to
20 eliminate the audio and visual aspects from any channel reception.
21 An additional reasonable charge for any such device may be imposed.
22 Sec. 8 -47. A/B switch.
23 The licensee shall make available, to any residential
24 subscriber so requesting, an input selector or A/B switch
25 permitting conversion from cable to antenna reception. An
26 additional reasonable charge for any such device may be imposed.
27 Sec. 8 -48. Leased access channels.
28 A licensee must provide commercial or leased access channels
29 to the extent required by State or federal laws.
30 Sec. 8 -49. Emergency override facilities.
31 Licensee shall install and maintain an audio override capacity
32 capable of remote operation on all channels for transmission of
33 emergency messages and alerts. In the case of any emergency or
34 disaster, as determined by the City, licensees shall, upon request
35 of the City, make the override capacity available to the City
36 without charge for use during emergency or disaster periods.
37 Licensee shall install and maintain an emergency text or closed -
38 captioned override capability when available at a cost not to
39 exceed the then cost of a new audio override similar to licensee's
40 existing audio override.
W,
1 Sec. 8 -50. Service to public buildings.
2 Within a reasonable amount of time, but at least within ninety
3 (90) days following the request, a licensee shall be required to
4 provide basic service, with converter or other necessary equipment,
5 without installation or monthly charge to buildings within the
6 City; provided that such buildings are passed by and within five
7 hundred (500) feet of the licensee's existing distribution system
8 and owned by the City or occupied by a governmental entity for
9 predominantly educational or governmental use, including public
10 schools and other local tax - supported elementary, secondary and
11 college level institutions. The licensee may charge for service to
12 that portion of the building used primarily for residential
13 purposes. Such basic service shall be provided by means of a
14 single drop extending to the facility. Such single drop may be
15 internally extended by the governmental entity without cost to,
16 responsibility of the licensee, subject to the condition that all
17 such internal distribution shall meet all FCC requirements relative
18 to signal leakage. At the request of the City, the licensee shall
19 install the additional service outlets in such facilities and shall
20 charge only its time and material costs for such installations. At
21 the request of the City, the licensee shall extend its distribution
22 system to serve such buildings located more than five hundred (500)
23 feet from the licensee's existing distribution system. In such
24 circumstances, the government entity owning or occupying the
25 building shall reimburse the licensee for the time and material
26 costs incurred in extending the distribution system to within five
27 hundred (500) feet of the building. The licensee shall remain
28 responsible for all costs for the five hundred (500) feet adjacent
29 to the building. The City shall not require permit fees for such
30 installations. As used in this section, the term "basic service"
31 shall include all channels except premium channels sold on a per-
32 channel or pay- per -view basis.
33 Sec. 8 -51. City communications facilities.
34 With regard to underground construction, the licensee shall
35 provide and install, in a common trench with its facilities, City
36 services conduit as specified by the City. Prior to installation
37 of any fiber optic cable, the licensee shall notify the City of its
38 intention and, at the City's request, the licensee shall provide
39 and install such additional fiber optic strands or cable as the
40 City specifies for its use. The additional cost to the licensee
41 will be borne by the City. The licensee will not be required to
42 maintain the City equipment and facilities.
43 Sec. 8 -52. Public, educational and government access channels.
44 a. The licensee shall provide and maintain at least one (1)
45 specially designated and noncommercial public access channel
46 available on a first -come, nondiscriminatory basis.
30
1 b. The licensee shall provide and maintain, without charge,
2 at least four (4) specially designated educational access channels
3 for use and programming by local tax - supported educational
4 authorities in the elementary, secondary and college level fields,
5 as well as instructional television for adults. Two (2) such
6 channels shall be made immediately available from the licensee.
7 The other channels shall be made available upon a determination by
8 the City Manager that the need for additional educational channels
9 exists. The licensee shall provide such required channels within
10 ninety (90) days of the City Manager's determination.
11 C. The licensee shall provide and maintain, without charge,
12 at least one (1) specially designated government access channel for
13 City government use and programming.
14 d. At those time segments during which no signals are
15 transmitted over public, educational or government access channels,
16 the licensee may utilize such channels for any purpose consistent
17 with the provisions of this chapter.
18
e. The
licensee shall endeavor to provide that the signal of
19
each
channel
required in this section be received at a designated
20
place
on the
subscriber's channel selector as prescribed by the
21
City
Manager,
which shall be uniform for every CATV system in the
22
City
insofar
as technology permits.
23 f. If, during the course of the license, the City Manager
24 determines that additional access channel capacity is needed, the
25 City Manager may request additional channels upon the same terms as
26 provided in this section and such request shall not be unreasonably
27 denied based upon such factors as (1) channel capacity;
28 (2) community need; (3) number of access channels available in
29 comparable communities; (4) technological feasibility; (5) the then
30 usage of existing access channels; and all other relevant factors.
31 Sec. 8 -53. Interconnection of cable systems.
32 a. A licensee shall interconnect the access channels of the
33 cable system with any or all other cable systems in contiguous
34 adjacent areas in the City, upon the directive of the City Manager.
35 Interconnection of cable systems may be done by direct cable
36 connection, microwave link, satellite, or other appropriate method.
37 The City shall not direct interconnection except under
38 circumstances where it can be reasonably accomplished without undue
39 burden or excessive cost.
40 b. Upon receiving the directive of the City Manager to
41 interconnect, a licensee shall immediately initiate negotiations
42 with the other affected cable system or systems in order that all
43 costs may be shared equally among cable systems for both construc-
44 tion and operation of the interconnection link.
31
1 C. A licensee may be granted reasonable extensions of time
2 to interconnect or the City may rescind its order to interconnect
3 upon petition by the licensee to the City. The City shall grant
4 said request if it finds that a licensee has negotiated in good
5 faith and has failed to obtain an agreement from the cable system
6 or systems of the proposed interconnection or that the cost of the
7 interconnection would cause an unreasonable or unacceptable
8 increase in subscriber rates.
9 d. A licensee shall cooperate with any interconnection
10 corporation, regional interconnection authority or other County,
11 State or federal regulatory agency which may hereafter be
12 established for the purpose of regulating, financing, otherwise
13 providing for the interconnection of cable systems beyond the
14 boundaries of the City.
15 e. In the event it becomes necessary, the licensee shall
16 make reasonable efforts to ensure any interconnect needed for the
17 simultaneous redistribution of the access channels provided for in
18 this license. Any common costs associated with this interconnec-
19 tion shall be shared among all licensed operators based on their
20 respective weighted pro rata share of all City of South Miami
21 subscribers.
22 Sec. 8 -54. Records and reporting requirements; access to
23 records.
24 The City shall have access, at all reasonable hours, to books,
25 records, maps, plans, contracts, engineering, accounting,
26 financial, statistical, subscriber and service records relating to
27 the property and operation of the licensee's City system and to
28 such other records as may be required by the City to perform its
29 regulatory responsibilities under this chapter and the calculation
30 of gross revenues used to compute license fees. Such records shall
31 be made available upon reasonable notice at the licensee's local
32 City office. If the licensee shall fail to obtain books or records
33 not kept in the local office, and if the City shall determine that
34 an examination of such records is necessary or appropriate to the
35 performance of any of the City's duties, then all travel and
36 maintenance expenses necessarily incurred in making such
37 examination shall be paid by the licensee. The City shall have the
38 right to inspect and audit such records as it deems appropriate for
39 the proper administration of this chapter. The City may photocopy
40 records only to the extent that it can protect proprietary
41 information from disclosure under the public records law.
42 Sec. 8 -55. Quarterly reports.
43 a. The licensee shall submit reports to the City quarterly
44 on forms provided by the City. The quarterly reports shall be
45 submitted according to the following schedule: January -March
46 reports due April 25; April -June reports due July 25; July-
32
1 September reports due October 25; and October- December reports due
2 January 25 of each year.
3
b. The
report shall include, but not be limited to:
4
(1)
Number of homes passed and number of cable
5
distribution system miles;
6
(2)
Telephone reports indicating the number of calls
7
received; number of calls abandoned; number of
8
calls receiving a busy signal; where technologi-
9
cally possible, average duration of each call
10
handled by a customer service representative;
11
average length of time each caller waits before
12
speaking directly to a customer service represen-
13
tative; and number of customer service
14
representatives staffed to handle telephone calls.
15
(3)
The number of total standard installations
16
performed; the number of standard installations
17
performed within seven (7) days; number of service
18
interruptions reported; number of service inter -
19
ruptions responded to within twenty -four (24)
20
hours; number of other service problems reported;
21
number of other service problems responded to
22
within thirty -six (36) hours; and all other
23
information necessary to monitor the licensee's
24
compliance with the consumer standards of this
25
chapter.
26
(4)
Revenue information including but not limited to:
27
Number of subscribers for each type of cable
28
service offered, and the gross revenues from all
29
sources attributable to the operations of the
30
licensee in the City of South Miami stating
31
separately by category each source of revenue and
32
the income attributable thereto. The revenue
33
information for the unincorporated and incorporated
34
areas shall be stated separately.
35
Sec. 8 -56.
Annual reports.
36
a. In
addition to the above, the licensee shall file the
37
following information
with the quarterly report due January 25 of
38
each year.
39
(1)
A summary of the previous year's activities in the
40
development of the system, including but not
41
limited to, services begun or dropped, the previous
42
year's construction activities, and a summary of
43
any policy changes taking effect during the year.
33
1
(2)
A current copy of the subscriber service agreement,
2
a current list of all rates, charges and available
3
services, a current channel list, a copy of all the
4
licensee's published rules and regulations
5
applicable to subscribers and users of the cable
6
system, and a summary of the licensee's hours of
7
operation.
8
(3)
A summary of subscriber or consumer complaints,
9
identifying complaints by number and category, and
10
their disposition. Where complaints involve
11
recurrent system problems, the nature of each
12
problem, and what steps have been taken to correct
13
it, shall be identified.
14
(4)
A copy of updated maps depicting the location of
15
all trunks, separately identifying those areas
16
where there was construction in the year of the
17
report.
18
(5)
For information purposes only, a listing of
19
licensee's closings or holidays for the year.
20
b. Within three (3) months of the close of its fiscal year,
21
the licensee shall file an annual report to the City that includes
22
the following
information:
23
(1)
A list of all persons owning or controlling five
24
(5) percent or more of the stock, partnership
25
shares or assets of the licensee; and a list of any
26
parent corporation, parent entity or holding
27
company that owns, or by ownership of other
28
entities controls, the licensee.
29
(2)
If the licensee is a corporation, a list of
30
officers and members of the board and officers and
31
board members of any parent corporation; and, where
32
a parent corporation's stock is publicly traded,
33
two (2) copies of its annual report.
34
(3)
Two (2) copies of each of the licensee's balance
35
sheet applicable to its operations in the City of
36
South Miami, and a certified special report of
37
gross revenues that shall be specific as to the
38
extent of operations of the licensee within the
39
City. All special reports shall be certified by an
40
independent certified public accountant and
41
prepared in accordance with Generally Accepted
42
Auditing Standards (GARS) as promulgated by the
43
American Institute of Certified Public Accountants,
44
reflecting the total amount and sources of gross
45
revenue and all payments, deductions, and
34
1 computations for the period and shall be in
2 sufficient scope to allow independent ascertainment
3 of the licensee's compliance with the franchise fee
4 requirements of this chapter.
5 Sec. 8 -57. Audit.
6 The City shall have the right and authority to inspect the
7 licensee's books and records, at any time under the license, and
8 the right of audit and recomputation of any and all amounts payable
9 under Section 8 -17. All costs associated with any such audit shall
10 be borne by the licensee when said audit results in increasing, by
11 more than five (5) percent, the licensee's annual payment to the
12 City. Upon reasonable notice, such records necessary to perform
13 said audit and recomputation shall be made available to the City at
14 the licensee's City office.
15 Sec. 8 -58. Additional reports.
16 a. A licensee shall notify the City upon any purchase of a
17 SMATV system located within the licensee's priority service area.
18 b. Copies of all petitions, applications and communications
19 submitted by the licensee.to the Federal Communications Commission
20 or any other federal or State regulatory commission or agency
21 having jurisdiction in respect to any matters affecting CATV
22 operations authorized pursuant to a license granted under this
23 ordinance shall also be submitted simultaneously to the City
24 Manager or his designee.
25 C. The licensee shall prepare and furnish to the City, at
26 times and in the form prescribed by the City, such additional
27 reports with respect to its operation, in the discretion of the
28 City Manager, which are reasonably necessary for the administration
29 of this chapter.
30 Sec. 8 -59. Consumer protection provisions; office and
31 telephone availability.
32 a. The licensee shall maintain an office within the City
33 that is adequately staffed and open to the public during all normal
34 business hours. The office shall be opened when the licensee
35 commences construction.
36 b. Each licensee shall maintain a telephone system with a
37 publicly listed telephone number. The telephone system shall be
38 adequately staffed and employ a sufficient number of telephone
39 lines to allow reasonable access by subscribers and members of the
40 public, and shall be so operated that complaints and requests for
41 repairs may be received at any time twenty -four (24) hours a day,
42 each day of the year.
35
1 C. Knowledgeable, qualified company representatives will be
2 available to respond to customer telephone inquiries Monday through
3 Friday during normal business hours. Additionally, based on
4 community needs, licensees will staff telephones for supplemental
5 hours on weekdays and /or weekends.
6 d. Under normal operating conditions, telephone answer times
7 by a customer service representative, including wait time, and the
8 time required to transfer the call, shall not exceed thirty (30)
9 seconds. Licensees that utilize automated answering and
10 distributing equipment will limit the number of routine rings to
11 four (4) or fewer. Licensees not utilizing automated equipment
12 shall make every effort to answer incoming calls as promptly as the
13 automated systems. Percent of abandoned telephone calls out of
14 total calls received shall not exceed ten (10) percent, average.
15 These standards shall be met no less than ninety ( 90 ) percent of
16 the time measured on an annual basis based upon the most recent
17 four (4 ) quarters.
18 e. Under normal operating conditions, the customer will
19 receive a busy signal less than three (3) percent of the total time
20 that the licensee's office is open for business.
21 f. Customer service center and bill payment locations will
22 be open for transactions Monday through Friday during normal
23 business hours. Additionally, based on community needs, the
24 licensee will schedule supplemental hours on weekdays and /or
25 weekends during which these centers will be open as needed.
26 Sec. 8 -60. Installations, outages and service calls.
27 a. Under normal operating conditions, each of the following
28 four (4) standards will be met no less than ninety -five (95)
29 percent of the time measured on an annual basis based upon the
30 preceding four (4) quarters.
31 (1) Standard installations will be performed within
32 seven (7) business days after an order has been
33 placed; provided the licensee has been able to
34 obtain any necessary easements or other consents
35 necessary to complete the installations.
36 "Standard" installations are up to one hundred
37 twenty -five (125) feet from the existing distri-
38 bution system.
39 (2) Excluding those situations beyond the control of
40 the licensee, the licensee will respond to service
41 interruptions promptly and in no event later than
42 twenty -four (24) hours. Other service problems
43 will be responded to within thirty -six (36) hours
44 during the normal work week.
36
1 (3) The appointment window alternatives made available
2 for installations, service calls, and other
3 installation activities will be (a) morning,
4 (b) afternoon, and (c) all day during normal
5 business hours. Additionally, based on community
6 needs, licensees will schedule supplemental hours
7 during which appointments can be set.
8 (4) If at any time an installer or technician is
9 running late, an attempt to contact the customer
10 will be made and the appointment rescheduled as
11 necessary at a time which is convenient for the
12 customer.
13 b. The licensee shall not miss two (2) consecutive service
14 or installation appointments scheduled with a particular subscriber
15 unless rescheduled one (1) day in advance.
16 C. New developments contiguous to the licensee's distribu-
17 tion system shall be wired for cable service within a reasonable
18 amount of time, but at least within one hundred twenty (120) days
19 after the development has reached seventy -five (75) percent
20 occupancy, so long as the construction meets the density require -
21 ments of this chapter and provided the licensee has been able to
22 obtain any necessary easements or other consents necessary to
23 complete the installation. This section shall not apply to
24 developments that are already served by another pay television
25 service provider.
26 d. Each licensee shall intentionally interrupt service only
27 for good cause for the shortest time possible. Such interruptions
28 shall occur during periods of minimum use of the system, when
29 practicable. A written log shall be maintained for all service
30 interruptions.
31 e. In the event that total service to any subscriber is
32 interrupted for twenty -four (24) or more hours due to the fault of
33 the licensee, the licensee shall provide a credit or rebate to
34 affected subscribers, upon the subscriber's written request, equal
35 to twenty (20) percent of the monthly fees for each twenty -four-
36 hour period during which the subscriber is without service. In the
37 event that total service to any subscriber is interrupted for six
38 (6) or more hours, the licensee shall provide a credit or rebate to
39 affected subscribers, upon the subscriber's request, equal to one -
40 thirtieth of the monthly bill. For purposes of computing the time
41 of interrupted total service, the time shall begin when a complaint
42 for interrupted total service is received by the licensee or when
43 the licensee has actual or constructive notice of the interruption,
44 whichever occurs first. Nothing in this subsection limits the
45 licensee from applying a rebate policy more liberal than the
46 requirements.
37
1 f . In all situations where cable service is disrupted to two
2 hundred (200) or more subscribers for a time period greater than
3 four (4) hours, the licensee shall notify the City Manager or his
4 designee immediately.
5 g. All field employees must carry identification indicating
6 their employment with the licensee.
7 h. Upon termination of service to any subscriber, the
8 licensee shall promptly remove all portions of its system,
9 facilities and equipment from the subscriber's premises upon his
10 request. Where removal is impractical, such as with buried cable
11 or internal wiring, facilities and equipment may be disconnected
12 rather than removed.
13 Sec. 8 -61. Communications, bills and refunds.
14 a. The licensee will provide written information in each of
15 the following areas at the time of installation and at any future
16 time upon request:
17 (1) The products and services offered,
18 (2) Prices and service options;
19 (3) How to use the cable service;
20 (4) Installation and service policies;
21 (5) The licensee's procedures for the receipt and
22 resolution of customer complaints, the licensee's
23 address and telephone number to which complaints
24 may be reported, and the hours of operation;
25 (6) The telephone number and address of the City's
26 office designated to handle cable television
27 complaints and inquiries;
28 (7) The availability of the "lock -out" device required
29 by this chapter;
30 (8) The availability of an input selector, or A/B
31 switch, and identification of those local broadcast
32 stations not carried on their system;
33 (9) The licensee's information collection and
34 disclosure policies for the protection of a
35 subscriber's privacy.
36 The information in subsections (5)-(9) above will be provided to
37 each subscriber annually. The licensee will provide prompt
al,]
1 notification to the City and to each affected customer of any
2 material change in any of the above.
3 b. Bills will be clear, concise, and understandable.
4 c. Refund checks will be issued promptly, but no later than
5 the earlier of forty -five (45) days or the customer's next billing
6 cycle following the resolution of the request, and the return of
7 the equipment supplied by the licensee if service is terminated.
8 d. All customers and the City will receive written
9 notification a minimum of thirty (30) days in advance of any rate
10 or channel change, provided the change is within the control of the
11 licensee.
12 e. The licensee shall, within seven (7) days after receiving
13 written request from the City, send a written report to the City
14 with respect to any particular consumer complaint. The report to
15 the City shall provide a full explanation of the investigation,
16 findings and corrective steps taken by the licensee.
17 Sec. 8 -62. Privacy /use of data.
18 The licensee shall comply with all federal and State laws
19 regarding collecting, storing and disseminating of individual
20 subscriber information, and shall operate the system in a manner
21 that protects against invasions of any person's privacy and
22 protects the privacy of data services and data signals over the
23 system.
24 Sec. 8 -63. Rates.
25 a. The licensee must give thirty (30) days prior written
26 notice to the City Manager and all affected subscribers of any
27 pricing changes or additional charges, excluding temporary
28 marketing and sales discounts or offers. Such notice shall include
29 the name and address of the City's office designated to review the
30 rate increase. The licensee may reduce the price at any time.
31 b. At any time the licensee increases the rate for basic
32 service within a single calendar year by more than the greater of
33 seven (7) percent of the increase in the Consumer Price Index in
34 the previous twelve (12) months, the City Manager may require the
35 licensee to have an audit performed by an independent certified
36 public accountant agreed upon by the City. The expense of the
37 audit shall be shared equally by the City and the licensee. The
38 required audit shall be submitted to the City within thirty (30)
39 days following the effective date of the rate increase. The audit
40 shall identify those significant factors that prompted the decision
41 to increase rates and the extent to which those factors are
42 reflected in the actual amount of the increase.
MOM
1 Sec. 8 -64. Rate regulation.
2 a. Scope of this regulation.
3 (1) City jurisdiction. The City shall exercise rate
4 regulation concerning cable systems wholly located
5 in the corporate limits of the City.
6 (2) Dade County jurisdiction. Where Dade County has
7 set a rate for a licensee that has a Dade County
8 license area that includes the City, the City may
9 set a rate within its license area that is
10 different from the Dade County rate, provided that
11 the City's rate complies with applicable federal
12 rules and regulations. The City's rate shall
13 control in the City license area. Nothing herein
14 shall prohibit the County, at its discretion, from
15 regulating rates jointly with the City.
16 (3) Notwithstanding any of the above provisions, in the
17 event that the City's rate determination or regula-
18 tion is set aside due to a failure to comply with
19 applicable law, the County's rate determination
20 will apply within the City, unless the FCC sets a
21 rate or until the City establishes a lawful rate.
22 b. Compliance with FCC regulations. In regulating any rates
23 as allowed by Federal law, City shall be governed by and shall
24 comply with all controlling FCC regulations and federal statutes.
25 C. Notice and comment. Upon receipt of the cable operator's
26 submission describing its rates or proposed rates, the City shall
27 publish notice in a newspaper of general circulation in the City,
28 requesting written comments from the public or any interested
29 person. The notice shall name the licensee, announce that the City
30 is conducting a review of the licensee's schedule of rates or
31 proposed rate increase for the basic service tier and accompanying
32 equipment, generally describe the affected service area, establish
33 a closing date, and provide an address where the comments will be
34 sent. The comment period shall be open for no less than seven (7)
35 calendar days after publication. The City shall review and
36 consider such comments in making any determination under this
37 section. When a cable operator submits rates for review, it shall
38 publish notice to its subscribers, either at least once in its bill
39 or ten (10) times over its cable system at different times
40 throughout the broadcast day, that a rate review is taking. place,
41 comments are requested, and the name and address of the City's
42 Office designated to handle cable television inquiries.
43 d. Additional information. At any point during the review
44 process, the City, at its discretion may (a) hold public hearings
45 provided that forty -eight (48) hours prior written notice is sent
.s
1 to the cable operator and any municipality within the license area
2 and forty -eight (48) hours prior published notice is provided the
3 public; (b) seek additional written comments; (c) require the
4 licensee to produce additional information, including but not
5 limited to certified financial statements, and all worksheets,
6 working papers, ledgers, receipts, and all other financial and
7 accounting records underlying the licensee's submission, the
8 calculations used in the submission, and the licensee's finances
9 and accounts necessary to verify the accuracy of the submission;
10 (d) require the licensee to allow the City Manager and agents to
11 audit and review the licensee's books and accounts described in
12 subsection (c) above; and (e) obtain relevant information from
13 other sources.
14 e. Confidential business information. If the licensee
15 believes that any of the additional information ordered produced is
16 confidential business information in need of protection from
17 disclosure, the licensee must request confidentiality and make a
18 showing, by a predominance of the evidence, that nondisclosure is
19 consistent with provisions of the Federal Freedom of Information
20 Act, 5 U.S.C. section 552. If the City Manager denies the request
21 for confidentiality, the operator must appeal to the FCC within
22 five (5) working days. In such cases, the operator shall provide
23 the requested material, but release of the information to the
24 public will be stayed pending review.
25 f. Delegation to City Manager. Subject to appeals to the
26 City Commission, the City Manager is delegated the authority to
27 conduct all proceedings, and issue any final or interim orders
28 provided for in this section.
29 g. Appeals. Any decision of the City Manager may be
30 appealed to the City Commission pursuant to the provisions of
31 Section 8 -79. The filing of an appeal of any interim, non -final
32 determination shall not stay the information - gathering proceedings
33 or form a basis for the licensee to refuse to disclose information.
34 h. _Further regulations. Nothing herein shall be construed
35 to limit the right of the City to modify, amend, or add to these
36 regulations in order to comply with applicable law or to protect
37 the interests of licensees or subscribers.
38 Sec. 8 -65. Discontinuing or denying service.
39 a. The licensee may discontinue service to a subscribers who
40 fails to pay installation fees or monthly service charges when due.
41 Before disconnecting service, the licensee must send the subscriber
42 at least seven (7) days prior written notice that service will be
43 disconnected if payment is not received.
44 b. Licensee may deny service to any subscriber where such
45 subscriber has previously been a subscriber of licensee and the
41
1 licensee previously terminated the subscriber's service due to
2 nonpayment.
3 Sec. 8 -66. Discriminatory practices prohibited.
4 a. A licensee must not deny, delay or otherwise burden
5 service or discriminate against subscribers or users on the basis
6 of age, race, creed, religion, color, sex, handicap, national
7 origin, marital status, or political affiliation, and must not deny
8 cable service to any potential subscribers because of the income of
9 the residents of the area in which the subscribers reside.
10 b. A licensee must not refuse to employ, nor discharge from
11 employment, nor discriminate against any person in compensation or
12 in terms, conditions or privileges of employment because of age,
13 race, creed, religion, color, sex, handicap, national origin,
14 marital status, or political affiliation.
15 C. A licensee must comply at all times with the Equal
16 Employment Opportunity provisions and reporting requirements
17 contained in federal law. A copy of the licensee's annual report
18 required by the FCC shall be submitted simultaneously to the City.
19 d. No licensee shall require a minimum number of subscribers
20 as a precondition to providing service to any multiple dwelling
21 unit that is located in an area that meets the minimum density
22 requirements of Section 8 -28. This subsection shall not be
23 applicable to hotels, motels and other multi- dwelling units in
24 which more than a majority of the occupants have been residing
25 there less than four (4) months or where a majority of the
26 occupants have leases with terms for less than four (4) months.
27 Sec. 8 -67. Theft, vandalism, tampering; violation.
28 It is unlawful and a violation of this chapter to:
29 a. Willfully obtain or attempt to obtain cable services or
30 cable related services from another by means of artifice,
31 trick, deception, or device without payment to the
32 operator for such services of all lawful compensation due
33 for each type of services unlawfully obtained.
34 b. Willfully assist any other person in obtaining or
35 attempting to obtain any cable service or cable related
36 services without payment to the cable operator of such
37 services of all lawful compensation due for each type of
38 services unlawfully obtained.
39 C. Willfully tamper or otherwise interfere with or connect
40 to by any means, whether mechanical, electrical,
41 acoustical, or other, any cable, wires, or other devices
42 used for the distribution o cable services or cable
42
1 related services without actual authority from the
2 operator of such services.
3 d. Willfully sell, rent, or lend, or promote or advertise
4 for sale, rental or use, any device or any plan to any
5 person with the knowledge that the person intends to use
6 such device or plan to commit any of the acts set forth
7 in paragraphs a, b, and c, whether or not such device or
8 plan actually has the ability to facilitate the
9 commission of any acts set forth in paragraphs a, b, and
10 C.
11 e. Willfully sell, rent, or lend, or promote or advertise
12 for sale, rental, or use, without authority from the
13 operator of such cable services or cable related
14 services, any device which is electronically capable of
15 decoding cable system signals which have been encoded by
16 a cable operator or any person under contract with such
17 operator.
18 Sec. 8 -68. Prima facie evidence.
19 The presence on property, in the actual possession of a
20 person, of any device or alternation which effects the diversion or
21 use of cable services or cable related services without such
22 services being reported for payment to, and specifically authorized
23 by, the cable operator shall be prima facie evidence of a violation
24 of this section; however, this presumption shall not apply unless:
25 a. The presence of such a device or alteration can be
26 attributed only to a deliberate act in furtherance of an
27 intent to avoid payment for such service; and
28 b. The person charged has received the direct benefit of the
29 reduction of the cost of such services; and
30 C. The recipient of such services has received the benefit
31 of such services for at least one full billing cycle.
32 Sec. 8 -69. Confiscation.
33 Any law enforcement agency having jurisdiction shall have the
34 authority to confiscate any and all such instruments, apparatus,
35 equipment, devices, instructions, and plans described in Section 8-
36 67, including any materials, tools, machinery, or equipment used to
37 manufacture or produce such instruments, apparatus, equipment
38 devices, instructions, and plans, and, upon conviction for
39 violation of the provisions of this section such instruments,
40 apparatus, equipment, devices, instructions, and plans, together
41 with all such materials, tools, machinery, and equipment used to
42 manufacture or produce same, shall be destroyed or otherwise
43 disposed of by order of court.
43
1 Sec. 8 -70. Punishment; civil damages; remedies nonexclusive.
2 a. Any person who willfully violates Section 8 -67 shall be
3 subject to a five hundred dollar ($500.00) fine and thirty (30)
4 days in jail for each violation.
5 b. Whoever is found in a civil action to have violated the
6 provisions of Sections 8 -67 through 8 -70 shall be liable in actual
7 and punitive damages to the licensee involved or may be subject to
8 injunction, or both, and, upon judgment in favor of the licensee,
9 such licensee shall also be entitled to recover all costs of such
10 action, including all appellate proceedings, together with
11 reasonable attorney's fees.
12 C. The provisions set forth herein are in addition to any
13 remedies or sanctions of any other local, state, or federal law.
14 Sec. 8 -71. Performance evaluation.
15 a. The City Manager may conduct periodic performance
16 evaluations of a licensee. A licensee shall cooperate with these
17 evaluations. If the City implements a survey of cable subscribers
18 in connection with a performance evaluation, the City may require
19 a licensee to distribute the City's questionnaire to its
20 subscribers at the City's expense.
21 b. At the conclusion of the evaluation, the City Manager
22 shall issue a report to the Commission of the results of any
23 performance evaluation together with, if necessary, any
24 recommendations for methods to improve a licensee's performance
25 under the license or this chapter.
26 Sec. 8 -72. Enforcement; settlement authority, notice and cure
27 provisions.
28 a. Provisions of this chapter will be enforced by the City
29 of South Miami Code Enforcement Board. The Code Enforcement Board
30 shall apply the schedule of penalties in Chapter 8CC of the Dade
31 County Code unless, and until, it adopts a schedule of civil
32 penalties. The City Manager or his designee is hereby authorized
33 to resolve by settlement any notice of violation of this chapter
34 issued pursuant to Section 2 -24 of the City of South Miami Code of
35 Ordinances. In deciding to settle a dispute over an alleged
36 violation, the City shall consider: (1) the probability of success
37 in proving the violation; (2) the nature and seriousness of the
38 violation; (3) the licensee's past history concerning similar
39 violations; (4) mitigating factors, and (5) the licensee's success
40 in resolving this dispute with affected subscribers.
41 b. Prior to issuing a notice of violation pursuant to
42 Section 2 -24, the City will provide the licensee with notice and
43 opportunity to cure. The notice shall state the Code section
44
1 alleged to be violated, factual basis of the violation, the amount
2 of the civil penalty, and the time period allowed to cure the
3 violation without incurring a civil penalty. This notice and cure
4 provisions will apply only to the subsections (1), (2) and (3)
5 listed below.
9
10
(1) Licensee shall have a notice and opportunity to
cure time period of no less than seven (7) days for
violations of the following provisions:
Section 8 -37(g) Burying drop cable
Secti ®n 8 -41 Improper grounding
11
(2)
Licensee shall have a notice and opportunity to
12
cure time period of no less than thirty (30) days
13
from violations of the f.ollowing provisions:
14
Sections 8 -22; 8 -23 Maintaining insurance
15
Sections 8 -24; 8 -25 Maintaining performance bond
16
Section 8 -28 Submission of construction plan
17
Section 8 -38(d) Membership in UNCLE
1'8
Section 8 -43 Equipment for the hearing impaired
19
Section 8 -47 Providing A/B switch
20
Section 8 -50 Service to public buildings
21
Section 8 -52(f) Capital support for PEG
22
Sections 8- 54;8 -55;
23
8 -56 Recording and reporting
24
Section 8 -59(a) Maintaining an office
25
Section 8 -59(b) Maintaining 24 -hour telephone system
26
Section 8 -59(c) Maintaining office hours
27
(3)
Licensee shall have a notice and opportunity to
28
cure time period of no less than sixty (60) days
29
for violations of the following provisions:
30
Section 8 -28 Construction and time limitations
31
Section 8 -44 Standby power
32
Section 8 -52 Providing educational and government
33
access channels
34
Section 8 -60(c) Extending service to new developments
35
Sec. 8 -73.
Further remedies.
36
a. If the
City determines that the licensee fails to conform
37
to the required
telephone standards in Section 8 -59(d) and (e) for
38
two (2) consecutive quarters:
39
(1)
The City Manager may require the licensee to
40
provide the City with a communication traffic study
41
within sixty (60) days of notice. The study will
42
be conducted on all customer service trunk lines
43
and must include information on the efficiency of
44
the communication system measured from the
45
telephone company's central office, as well as
46
other performance information available from the
47
licensee's communication equipment. The study must
45
1
provide information that confirms that the
2
licensee's communications system is properly
3
trunked and staffed to meet the requirements of
4
this chapter using generally accepted telephonic
5
engineering standards.
6
(2) Based upon the findings of the traffic study that
7
additional personnel are needed and other relevant
8
considerations, the City Manager may require the
9
licensee to staff a minimum specified number of
10
customer service representatives to handle
11
telephone calls. The minimum number shall be one
12
(1) such customer service representative for each
13
one hundred (100) calls received daily. For
14
purposes of this calculation, the number of calls
15
shall be the median number of calls received on a
16
daily basis for the two (2) consecutive quarters
17
during which the standards were not met. If,
18
following a City order for minimum staffing
19
requirements, the licensee's performance meets the
20
required telephone standards for any two (2)
21
consecutive quarters, the City will rescind its
22
minimum staffing order provided the licensee
23
continues to conform to the required telephone
24
standards.
25 b. In addition to or instead of any other remedy, the City
26 may seek legal or equitable relief from any court of competent
27 jurisdiction.
28 c. Failure of the City to enforce any requirements of a
29 license or this chapter shall not constitute a waiver of the City's
30 right to enforce subsequent violations of the same type or to seek
31 appropriate enforcement remedies.
32 Sec. 8 -74. Termination; right of termination.
33 The City reserves the right to suspend, terminate and cancel
34 a license and all rights and privileges of a licensee after the
35 process pursuant to this section for just and reasonable cause or
36 in the event that any one of the following occurs:
37 a. The licensee, after sixty (60) days' notice of a
38 violation sent by certified mail by the City, continues
39 to violate any material provision of this chapter or any
40 rule pursuant to this chapter, except if such violation
41 by licensee is without fault or through excusable
42 negligence.
43 b. The licensee becomes insolvent, unable or unwilling to
44 pay its debts, or is adjudged bankrupt.
46
1 c. The licensee practices any fraud or deceit upon the City
2 in connection with its responsibilities under its
3 license.
4 d. The licensee fails to commence any required construction
5 within one (1) year from the effective date of its
6 license.
7 e. The licensee fails to substantially complete construction
8 pursuant to the requirements of this chapter within the
9 time required by its license.
10 Seca 8 -75. Procedures for termination.
11 The license may be terminated in accordance with the following .
12 procedures:
13 a. The City Manager shall notify the licensee in writing of
14 the exact nature of the alleged violation constituting a
15 ground for termination and give the licensee sixty (60)
f6 days, or such other greater amount of time as the City
17 Manager may specify, to correct such violation or to
18 present facts and argument in refutation of the alleged
19 violation.
20
b. If within the designated time the licensee does not
21
remedy and /or put an end to the alleged violation, or if
22
corrective action is not being actively and expeditiously
23
pursued, the Commission, after a public hearing, may
24
direct the termination of the license if it determines
25
that such action is warranted.
26
C. Prior to the public hearing, the Commission may order an
27
administrative hearing. The City Manager shall initiate
28
and administrative proceeding by issuing a hearing order
29
which establishes the issues to be addressed in the
30
hearing and the procedures to be followed, and the
31
Manager shall appoint a presiding officer for the
32
hearing. Upon completion of the hearing, the presiding
33
officer shall issue a recommended decision. Parties to
34
the hearing and the public shall have thirty (30)
35
calendar days to comment on the recommended decision
36
after its issuance. Within thirty (30) days after the
37
receipt of comments, the City Manager may submit
38
recommendations to the Commission on whether to terminate
39
the license.
40
d. Following the public hearing the Commission shall
41
determine whether or not to revoke the license based on
42
any recommended decision, the evidence and argument
43
presented at the hearing, any recommendations of the City
44
Manager, and other evidence of record. The Commission's
47
1 determination shall be reflected in a written opinion
2 setting forth the reasons for its decisions.
3 e. Any license may, at the option of the City following a
4 public hearing before the Commission, be revoked one
5 hundred twenty (120) calendar days after an assignment
6 for the benefit of creditors or the appointment of a
7 receiver or trustee to take over the business of the
8 licensee, whether in a receivership, reorganization,
9 bankruptcy assignment for the benefit of creditors, or
10 other action or proceedings, unless within that one -
11 hundred - twenty day period:
12 (1) Such assignment, receivership or trusteeship has
13 been vacated; or
14 (2) Such assignee, receiver or trustee has fully
15 complied with the terms and conditions of this
16 chapter and the license hereunder and has executed
17 an agreement, approved by the court having
18 jurisdiction, assuming and agreeing to be bound by
19 the terms and conditions of the license.
20 f. In the event of foreclosure or other judicial sale of any
21 of the facilities, equipment or property of the licensee,
22 the City may revoke the license, following a public
23 hearing before the Commission, by serving notice upon the
24 licensee and the successful bidder at the sale, in which
25 event the license and all rights and privileges of the
26 license will be revoked ninety (90) calendar days after
27 serving such notice, unless:
28 (1) The City has approved the transfer of the license
29 to the successful bidder; and
30 (2) The successful bidder has covenanted and agreed
31 with the City to assume and be bound by the terms
32 and conditions of the license.
33 Sec. 8 -76. Removal and restoration; removal required.
34 To the extent that it is determined to be in the interest of
35 the health, safety, and welfare of the public a licensee shall,
36 upon notice, promptly remove from the streets or public places all
37 portions of the system and poles of such system.
38 Sec. 8 -77. Restoration required.
39 a. In the event of such removal as referenced herein, the
40 licensee shall promptly and reasonably restore the street or other
41 area from which such property was removed to the condition existing
42 prior to the disruption of the street or other area.
48
1 b. If a licenses fails to properly and promptly restore the
2 area, the City, at its election, may restore the area and cause
3 forfeiture of the permanent performance bond in order to reimburse
4 the City for any costs and expenses it incurs for restoring the
5 area.
6 Sec. 8 -78. Continuity of service.
7 a. It is the right of all subscribers to receive all
8 available services from the licensee as long as their obligations
9 to the licensee are satisfied. It is a violation of this chapter
10 for the licensee to terminate service or fail to provide service to
11 its system for more than forty -eight (48) consecutive hours. This
12 section does not apply to acts of God or acts of war.
13 b. In the event of a termination or transfer of a license
14 for whatever reason, the licensee must do everything in its power
15 to ensure that all City subscribers receive continuous
16 uninterrupted service regardless of the circumstance. If
17 necessary, to ensure continuity of service, the licensee must
18 cooperate with the City to operate the system for a temporary
19 period not to exceed six (6) months. Revenues accrued during that
20 period of time shall be received by the operator.
21 Sec. 8 -79. Appeal.
22 a. All decisions of the City Manager may be appealed within
23 thirty (30) days by filing a written notice of appeal with the City
24 Clerk and providing copies to the City Manager and City Attorney.
25 The notice of appeal shall state the decision which is being
26 appealed, the grounds for the appeal, a brief summary of the relief
27 which is sought and be accompanied by a nonrefundable fee of one
28 hundred dollars ($100.00) to cover the cost of processing. The
29 Commission shall conduct a public hearing at which time they may
30 affirm, modify or reverse the decision of the City Manager. The
31 City Manager shall notify any party who has filed a written request
32 for such notification of the date when the matter will be presented
33 to the Commission. Nothing contained herein shall preclude the
34 Commission from seeking additional information prior to rendering
35 a final decision. The decision of the Commission shall be in
36 writing and a copy of the decision shall be forwarded to the City
37 Manager and the appealing party.
38
b.
Within the time prescribed
by the appropriate Florida
39
Rules of
Appellate Procedure, a party
aggrieved by a decision of
40
the Commission may appeal an adverse decision to the Circuit Court
41
in Dade
County, Florida. The party
making the appeal shall be
42
required
to pay to the City Clerk the
sum of one hundred dollars
43
($100.00)
to defray the costs of preparing the record on appeal.
,.
1 Sec. 8 -80. Force majeure.
2 In the event the licensee's performance of any of the terms
3 and conditions or obligations required by this chapter is prevented
4 by a cause or event not within the licensee's control, such
5 inability to perform shall be deemed excused and no penalties or
6 sanctions shall be imposed as a result thereof; provided, however,
7 that such inability to perform shall relieve the licensee of its
8 responsibility to provide enhanced credits and rebates pursuant to
9 Section 8- 60(e), but shall not relieve a licensee from its general
10 obligations to provide pro rata credits or rebates for
11 interruptions in service. For the purpose of this section, causes
12 or events not within the control of the licensee shall include
13 without limitation acts of God, strikes, sabotage, riots or civil
14 disturbances, restraints imposed by order of a governmental agency
15 or court, explosions, acts of public enemies, and natural disasters
16 such as floods, earthquakes, landslides and fires, but shall not
17 include financial inability of the licensee to perform or failure
18 of the licensee to obtain any necessary permits or licenses from
19 other governmental agencies or the right to use the facilities of
20 any public utility where such failure is due solely to the acts or
21 omissions of the licensee, or the failure of the licensee to secure
22 supplies, services or equipment necessary for the installation,
23 operation, maintenance or repair of the cable communications system
24 where the licensee has failed to exercise reasonable diligence to
25 secure such supplies, services or equipment'.
26 Sec. 8 -81. City's right of intervention.
27 The City hereby reserves to itself and the licensee
28 acknowledges the City's right to intervene in any suit, action or
29 proceeding involving the license granted hereunder or any provision
30 in this chapter.
31
32 Section 2. If any section, clause, sentence, or phrase of
33 this ordinance is for any reason held invalid or unconstitutional
34 by a court of competent jurisdiction, the holding shall not affect
35 the validity of the remaining portions of this ordinance.
36 Section 3. All ordinances or parts of ordinances in
37 conflict with the provisions of this ordinance are hereby repealed.
50
1
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3
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5
6
7
8
9
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Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of September, 1995.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
cabletvl.ord
51
ITUR Me:
1
ORDINANCE NO.
2
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
3
OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING
4
CABLE SATELLITE OF SOUTH MIAMI, INC. RENEWAL
5
OF A NON - EXCLUSIVE CABLE TELEVISION LICENSE;
6
GRANTING A NON - EXCLUSIVE LICENSE AND PRIORITY
7
SERVICE AREA; GRANTING CERTAIN RIGHTS AND
8
PRIVILEGES WITHIN THE SERVICE AREA; PROVIDING
9
TERMS AND CONDITIONS OF THE RENEWAL LICENSE;
10
PROVIDING FOR SEVERABILITY; PROVIDING FOR
11
ORDINANCES IN CONFLICT; AND PROVIDING AN,
12
EFFECTIVE DATE.
13 WHEREAS, the City of South Miami Commission enacted Ordinance
14 No. 17 -79 -1039 on July 31 1979, known as the "City of South Miami
15 Cable Television Ordinance "; and,
16 WHEREAS, the City Commission approved Resolution No. 49 -80-
17 389B on July 29, 1980, granting a non - exclusive cable television
18 license, for a term of 15 years, to Cable /Satellite Associates, a
19 subsidiary of Americable Associates; and,
20 WHEREAS, ownership of Cable /Satellite Associates transferred
21 to Cable Satellite of South Miami, Inc. (Cable Satellite) in
22 February 1987; and,
23 WHEREAS, Cable Satellite provides cable television service to
24 approximately 2,200 subscribers within the City of South Miami;
25 and,
26 WHEREAS, Cable Satellite timely initiated cable license
27 renewal proceedings under the federal Cable Communications Policy
28 Act of 1984, 47 U.S.C. section 521, et seq. (Cable Act); and,
29 WHEREAS, the City commenced formal cable franchise renewal
30 procedures pursuant to the Cable Act; and,
31 WHEREAS, the Mayor and the City Commission find that it is in
32 the public interest to covert the formal procedures to alternative
33 cable franchise renewal procedures and to grant a renewal license.
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
36 Section 1. The formal cable franchise renewal procedures
37 under section 546(a) of the Cable Act are terminated and the
38 alternative renewal procedures of section 546(h) are invoked.
39 Section 2. Cable Satellite of South Miami, Inc. is hereby
40 granted renewal of a non - exclusive cable television license for a
/7
1 period of ten (10) years beginning July 30, 1995 and ending May 31,
2 2005. The terms and conditions of the license are set forth in the
3 City of South Miami "Cable Television Regulations ".
4 Section 3. Pursuant to the license referred to Section 2,
5 Cable Satellite of South Miami, Inc. is hereby granted a non-
6 exclusive license area in such area in the City of South Miami as
7 is included in the following boundaries, which include both the
8 City and a portion of unincorporated Dade County:
9
on the north by a line commencing at the Palmetto
10
Expressway (S.W. 77
Avenue) and S.W. 8 Street
11
(Tamiami Trail) and running
generally west to east
12
along S.W. 8 Street
to S.W. 67 Avenue (Ludlam
13
Road), along S.W. 67
Avenue to S.W. 24 Street
14
(Coral Way), and along
the city limits of the City
15
of West Miami to S.W.
16 Street and S.W. 57 Avenue
16
(Red Road);
17
on the east by a line
commencing at S.W. 16 Street
18
and S.W. 57 Avenue and running generally north to
19
south along S.W. 57
Avenue to S.W. 72 Street
20
(Sunset Drive), along
S.W. 72 Street to S.W. 47
21
Avenue, along S.W. 47
Avenue to Old Cutler Road,
22
along Old Cutler Road
to S.W. 88 Street (Kendall
23
Drive);
24 on the south by a line commencing at S.W. 88 Street
25 and Old Cutler Road, along S.W. 88 Street to S.W.
26 67 Avenue, along S.W. 67 Avenue to S.W. 104 Street,
27 along S.W. 104 Street to S.W. 87 Avenue (Galloway
28 Road), along S.W. 87 Avenue to S.W. 94 Street,
29 along S.W. 94 Street to S.W. 97 Avenue, along S.W.
30 97 Avenue to S.R. 874; and
31 on the west by a line commencing at S.R. 874 and
32 S.W. 97 Avenue and running generally south to north
33 along S.R. 874 to S.W. 78 Street, along S.W. 78
34 Street to S.W. 69 Avenue, along S.W. 69 Avenue to
35 S.W. 56 Street, along S.W. 56 Street to the
36 Palmetto Expressway, along the Palmetto Expressway
37 and ending at S.W. 8 Street (Tamiami Trail).
38 Section 4. Cable Satellite of South Miami, Inc.. shall have
39 the right and privilege to install and operate a cable television
40 system within the priority service area providing that Cable
41 Satellite of South Miami, Inc. complies with the City of South
42 Miami Cable Television Regulations, and all rules and regulations
43 included in, or adopted pursuant to, the provisions of the City
44 Code.
2
1 Section 5. All past and future audit discrepancies and
2 license fee recomputations shall remain the responsibility of Cable
3 Satellite of South Miami, Inc., its successors or assigns.
4 Section 6. Nothing contained herein shall in any way
5 preclude the City Commission from taking any actions in accordance
6 with the power, authority, and jurisdiction provided the Commission
7 as prescribed within the Code of Ordinances, including but not
8 limited to granting new licenses, amending existing licenses,
9 and,or, repealing existing licenses.
10
Section
7.
If any section, clause, sentence, or phrase of
11
this ordinance
is for any reason held invalid or unconstitutional
12
by a court of
competent jurisdiction, the holding shall not affect
13
the validity
of
the remaining portions of this ordinance.
14
Section
8.
All ordinances or parts of ordinances in
15
conflict with
the provisions of this ordinance are hereby repealed.
16
Section
9.
This ordinance shall take effect immediately at
17
the time of its
passage.
W
19
20
21
PASSED AND ADOPTED this day of September, 1995.
22 ATTEST:
23
24 CITY CLERK
25 READ AND APPROVED AS TO FORM:
26
27 CITY ATTORNEY
28 cablelta.ora
3
a
APPROVED:
MAYOR
Ei
�YJ
(--"Xr-rw C:)F SOUTH M =AM=
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission
F m• die Cox
City Manager
Date: August 11, 1995
Agenda Item #�
Re: Comm. Meeting 8/15/95
Equipment Lease Agreement
With Barnett Bank
In order to acquire the computer equipment authorized for purchase,
the administration has requested bids for a lease purchase plan to
pay for the equipment over a period of time.
This ordinance provides authorization to the City Manager to
execute a four -year Master Governmental Equipment Lease Agreement
with Barnett Bank with a renewal option for an additional year at
the expiration of the base term. This agreement will allow for the
purchase of our computer equipment for the Finance and Building and
Zoning Departments. The agreement will be in the amount of
$275,000, and will be payable monthly.
Barnett Bank provided the best repayment plan in terms of a monthly
payment schedule.
I recommend approval.
a \8g1ease.agr
j
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18'
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE
A FOUR -YEAR MASTER GOVERNMENTAL EQUIPMENT LEASE AGREEMENT WITH
BARNETT BANK, WITH A RENEWAL OPTION FOR AN ADDITIONAL YEAR AT
EXPIRATION OF THE BASE TERM, IN AN AMOUNT NOT TO EXCEED
$275,000 FOR PURCHASE OF COMPUTER EQUIPMENT FOR THE FINANCE
AND BUILDING AND ZONING DEPARTMENTS.
WHEREAS, Article IV, Section 4D of the City Charter of South Miami
prohibits execution of any contract involving the payment of money
out of the appropriations of more than one year beyond a 4 year
period, nor shall any such contract be valid unless made or
approved by ordinance; and
WHEREAS, after careful review of proposals received on acquisition
of computer network equipment for the Finance and Building & Zoning
Departments, the City Manager has awarded the bid to International
Development Advisory Services (IDAS) and has concluded that it is
financially prudent to secure the funds to acquire the equipment
through a four (4) year master governmental equipment lease
purchase plan with a renewal option for an additional year; and
WHEREAS, it has been determined that the cost of the equipment
will be in an amount not exceeding $275,000; and
WHEREAS, the City administration has received proposals from three
(3) different companies for the lease purchase plan; and
WHEREAS, the best repayment plan, in terms of monthly payment
schedule, is offered by Barnett Leasing; and
WHEREAS, in order to qualify the agreement as a tax - exempt
transaction, this ordinance is required to state that the City of
South Miami does not reasonably expect to issue qualified tax -
exempt obligations in excess of $10,000,000 in the present calendar
year.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is authorized to execute a
four (4) year lease purchase agreement with a renewal option for
an additional year with Barnett Leasing Company.
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Section 2. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a
court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this ordinance.
Section 3. This ordinance shall take effect immediately upon
its passage.
PASSED AND ADOPTED this day of August, 1995.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:.
CITY ATTORNEY
APPROVED:
MAYOR
1
Lj
Mayor: Neil Carver
Vice Mayor: R. Paul Young
Commissioner: Ann B. Bass
Commissioner: Thomas Todd Cooper
Commissioner: Tom Cunningham
CITY COMIVIISSION ACTION SUMMARY
Regular City Commission Meeting
Meeting date: August 15, 1995 6130 sunset Drive, So. Miami, FL
Next Meeting date: September 5, 1995 Phone: (305) 663 -6340
Timer 7:30 P.M.
CONSENT AGENDA
Resolution No. 129 -95 -9678
5. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida re- appointing Commissioner Tom Cunningham
as Commission Liaison to the Dade League of Cities, Inc.
Resolution No. 130 -95 -9679
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida rescinding Resolution No. 126 -95 -9675
Resolution NO. 131 -95 -9680
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the expenditure by the
Administration of a sum not to exceed $1,524.12 for payment of
services rendered by Municipal Code Corporation for updating
the Land Development Code and providing for disbursement from
Account No. 1610 - 3450 "Contractual Services."
Resolution No. 132 -95 -9681
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to sign the
engagement letter received from Sharpton, Brunson & Company,
P.A. Certified Public Accountants, to provide Independent
Audit Services for Fiscal Year ending September 30, 1995.
Resolution No. 133 -95 -9682
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
up to the sum of $14,924.00, for the purchase of diagnostic
equipment for use by the Public Works Department and charging
the disbursement to Account No. 1760 -6430 "Operating
Equipment ", Diagnostic Equipment.
Resolution No. 134 -95 -9683
10. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $1,295.00 Metro -Dade K -9 Services. This represents
the purchase of an E -Z Rider K -9 container. This sum will be
charged to 08- 1910 -6430 (Forfeiture Funds).
Resolution NO. 135 -95 -9684
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $6,500 to Metro -Dade K -9 Services. This represents
the purchase of a fully- trained dual purpose/ Narcotic Trained
Dog. This sum will be charged to 08- 1910 -6430 (Forfeiture
Funds) .
Moved by Commissioner Bass, seconded by Mayor Carver to approve the
Consent Agenda as read. Motion passed by a 5 -0 vote.
ORDINANCE(S) SECOND READING AND PUBLIC HEARING
Ordinance No. 11 -95 -1584
12. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida creating Chapter 12A of the Code of the
City of South Miami, to be entitled "City of South Miami
Health Facilities Authority "; establishing the City of South
Miami Health Facilities Authority; finding and declaring need
for the authority; providing definitions; designating
membership; providing responsibilities and powers; providing
for the financing and construction of health facilities;
providing for the issuance of revenue bonds and refunding
Agenda August 15, 1995 2
bonds; providing tax exemption; providing severability; and
providing related matters and an effective date.
(1st Reading 8/1/95)
Moved by Vice Mayor Young, seconded by Commissioner Cunningham.
Motion passed, by a 5 -0 vote.
Deferred
13. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending Section 13 -24 of the City's Code
of Ordinances, in order to provide for codification of a
revised "Schedule of License Taxes" pursuant to Section 205 of
Florida Statutes and the recommendations of the citizen's1°
"Equity Study Commission "; providing for severability:
providing for ordinances in conflict; and providing an
effective date. (1st Reading 7/25/95)
Moved by Commissioner Cooper, seconded by Mayor Carver, to defer
r this item back for First Reading on September 5, 1995.
RESOLUTIONS) FOR PUBLIC HEARING
(There were none)
RESOLUTIONS)
Tabled
14. A Resolution of the Mayor and the City Commission of the City
of South Miami, Florida, approving a settlement agreement with
Cable Satellite of South Miami, Inc.; authorizing the City
Manager to execute the settlement agreement; providing an
effective date.
Moved by Commissioner Bass, seconded by Vice Mayor to table this
item. Motion passed by a 5 -0.
ORDINANCES) - FIRST READING
15. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, creating an Historic Preservation Board;
providing for amending parts of the Land Development Code in
conflict; providing for severability; providing for ordinances
in conflict; and providing an effective date.
Moved by Commissioner Cooper, seconded by Commissioner Bass to
approve on First Reading with the Second Reading & Public Hearing
scheduled for September 5, 1995.
Agenda August 15, 1995 3
16. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, creating Chapter 8 of the Code of
Ordinance, to be entitled Cable Television Regulations;
declaring intent and purpose; providing for definitions,
license requirements and provisions, application fee, notice
and hearing, term of license, service areas, license renewal
and transfer, authority of City Manager, liability,
indemnification, insurance, bonds, cable system construction
requirements, use of easements and streets, work in right -of-
way, signal standards, technical standards, emergency override
facilities, service to public buildings, public, educational
and government access channels, interconnection of cable
systems, records and reporting, reports, audit, consumer
protection, consumer service requirements, rates and rate
regulation, prohibiting discriminatory practices, violation by
theft, vandalism and tampering, prima facia evidence,
confiscation, punishment, performance evaluation, enforcement,
penalties, further remedies, termination of license, removal,
restoration, appeal and city's right to intervene in
proceedings, and related matters; providing for severability;
providing for ordinances in conflict; and providing an
effective date.
Moved by Commissioner Cooper, seconded by Vice Mayor Young.
Motion passed by a 5 -0 vote to approve on First Reading with Second
Reading and Public Hearing scheduled for 9/5/95.
17. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, granting Cable Satellite of South Miami,
Inc. renewal of a non - exclusive cable television license;
granting a non - exclusive license and priority service area;
granting certain rights and privileges within the service
area; providing terms and conditions of the renewal license;
providing for severability; providing for ordinances in
conflict; and providing an effective date.
Moved by Commissioner Cooper, seconded by Vice Mayor Young.
Motion passed by a 5 -0 vote to approve on First Reading with Second
Reading and Public Hearing scheduled for 9/5/95.
Agenda August 15, 1995 4
18. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to execute
a for -year master governmental equipment Lease agreement with
Barnett Bank, with a renewal option for an additional year at
expiration of the base term, in an amount not to exceed
$275,000 for purchase of computer equipment for the Finance
and Building and Zoning Departments.
Moved by Commissioner Cooper, seconded by Vice Mayor Young.
Motion passed to by a 5 -0 vote to approve on First Reading with
Second Reading and Public Hearing scheduled for 9/5/95.
Agenda August 15, 1995 5