09-05-95Mayor:
Vice Mayor:
�YJ
Neil Carver
R. Paul Young
Commissioner: Ann B. Bass
Commissioner: Thomas Todd Cooper
Commissioner: Tom Cunningham
CITY COMIVIISSION AGENDA
Regular City Commission Meeting
Meeting date: September 5, 1995 6130 Sunset Drive, So. Miami, FL
Next Meeting date: September 19, 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 IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE
CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW.
City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a
paid or remunerated representative capacity before the City Staff, Boards,
Committees and the City Commission, to fill out the appropriate form and file it
with the City Clerk prior to engaging in lobbying activities.
CALL TO ORDER:
A. Invocation:
B. Pledge of Allegiance:
C. Presentations:
1. Rafael Hernandez, Chief of Police
A) Officers of the Month:
Detective Bobby Richardson - July, 1995
Detective Alex Hechavarria - July, 1995
b) Citizen Award:
Mr. Leo Valois
ITEMS FOR COMMISSION'S CONSIDERATION:
2. Approval of Minutes - August 15, 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, authorizing the City Manager to disburse
the sum of $10,615.00 to Audio Intelligence Devices, Inc. This
represents new equipment/ upgrades for the surveillance van and
should be charged to 06- 1910 -6430 (H.I.D.T.A. Gang Grant).
(Administration /Police Department) 3/5
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to sign a
letter of engagement with Budny & Heath, Inc., to conduct a
property appraisal of the city -owned property located at 5890
SW 69 Street in South Miami at a cost.of $1,950.
(Administration) 3/5
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, ratifying emergency repairs to Crane 21-
31A, and authorizing the City Manager to disburse the sum of
$2,568.30 from Account No. 1760 -4680, "Equipment Maintenance
Outside Services." Rescinding Resolution No. 96 -95 -9645.
(Administration /Public Works Dept.) 3/5
8. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $3,222.00 to Micron Electronics, Inc. this
represents the purchase of an upgrade computer system to
replace the current IBM System in the Habitual Offender Unit.
This sum will be charged to 06- 1910 -6430 (H.I.D.T'.A. Gang
Grant).
(Administration /Police Dept.) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Manager to implement
a policy to regulate the hanging banners to promote events in
the City of South Miami.
(Administration) 3/5
Agenda - September 5, 1995 2
ORDINANCES) SECOND READING AND PUBLIC HEARING
10. 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.
(1st Reading 8/15/95)
(Administration) 4/5
11. 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. (1st Reading 8/15/95)
(Administration) 4/5
12. An Ordinance of the Mayor and City Commission of the City
of South Miami, Florida, creating Chapter 8 of the Code
of Ordinances, 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, 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 require-
ments, rates and rate __g,'_ati __. prohibiting discriminatory
practices, violation by theft, vandalism and tampering, Prima
faeia facie 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.
(1st Reading 8/15/95)
(Administration) 4/5
Agenda - September 5, 1995 3
RESOLUTIONS) FOR PUBLIC HEARING
13. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, denying a request for a variance
from Section 20 -4.4 (F)(3), pursuant to Section 20 -5.9, of
the Land Development Code, to permit one handicapped parking
space to be located in the front yard setback of property
which is located in the "RO" (Residential Office) Zoning
District specifically located at 7633 SW 62 Avenue, South
Miami, Florida, and providing a legal description.
(Deferred from 7/18/95)
(Administration) 4/5
14. A Resolution of the Mayor and 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) 3/5
RESOLUTIONS)
15. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, approving the Special Events Application
for t he 24th Annual South Miami Art Festival sponsored by the
Chamber of Commerce on November 4 and 5, 1995, and providing
a contribution of $3,000 for sponsorship for the event.
Contribution to be paid from Account No. 01 -11 -9900 contingent
upon approval of this item in the proposed 1995 -96 budget.
(Administration) 3/5
ORDINANCES) - FIRST READING & PUBLIC HEARINGS)
16. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, fixing the millage at 6.80 which exceeds
the rollback rate by 8.97 %, resulting in a property tax
increase of 5.15% in the City of South Miami, Florida, for the
Fiscal Year 1995/96.
(Administration /Finance Department) 3/5
17. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, adopting a Budget of $8,754.570 and Pay
Plan for the 1995/96 Fiscal Year.
(Administration /Finance Department) 3/5
PUBLIC REMARKS
COMMISSION REMARKS
Agenda - September 5, 1995 4
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER- OFFICE MEMORANDUM
TO: City Manager Eddie
FROM: Chief Rafael P. He f
DATE: August 29, 1995
SUBJECT: Officers of the Month
I respectfully request to present the following Officers of the
Month for July, 1995,at the Commission meeting on September 5,
1995:
Det. Bobby Richardson
Det. Alex Hechavarria
We wish to congratulate these officers for jobs well done.
Thank you for your consideration. Please be assured of our
cooperation in all matters of mutual concern.
RH /E
�q0
fr'
J
�F�
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: City Manager Eddie C
FROM: Chief Rafael P. He de ,
DATE: August 30, 1995
SUBJECT: Citizen Award
i At the next scheduled Commission meeting of September 5, 1995, 1
respectfully request to be able to make a citizen award
presentation.
Mr. Leo Valois assisted our agency in apprehending two auto
thieves. Auto theft has been a severe problem recently. Mr.
Valois was aware of this situation by conversations with SMPD
personnel. He observed two subjects attempting to break in and
steal an automobile in a parking lot adjacent to Mr. Valois' place
of employment (Fox's Sherron Inn)J. Mr. Valois called the police
department, reported his observations and kept an eye on the
subjects until the units arrived. Upon the units arrival he
pointed the subjects out and after a brief foot pursuit the
subjects were both captured.
I believe Mr. Valois' actions are exactly the type of community
involvement from our citizens that we should encourage and
recognize.
Thank you in advance for your assistance in this matter. Please
be assured of our continued cooperation in all matters of mutual
concern.
RH /DR /esw F3,.
"a T 7 0 v ww
CITY MANAGER'S Off' iCE
E'�ie
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
F om: die Cox
City Manager
4
Date: August 25, 1995
Agenda Item # 5
Re: Comm. Meeting 9/05/95
This resolution authorizes disbursement of funds from the HIDTA
Gang Grant (account #06- 1910 -6430) in the amount of $10,615.00 to
purchase new equipment and upgrades for the Police Department's
surveillance van.
The equipment purchased in 1992 under a federal grant know as "Gang
Busters" was custom built to the department's specifications by
Audio Intelligence Devices and purchased under a "sole source of
supply" from that company because of the sensitive nature of the
equipment
In order to keep pace with the fast -- changing technology in this
field, it is important to upgrade the equipment to ensure officer's
safety and to meet our present and future needs for surveillance
equipment.
I recommend approval.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $ 10,615.00 TO AUDIO INTELLIGENCE
DEVICES, INC. THIS REPRESENTS NEW EQUIPMENT/UPGRADES FOR
THE SURVEILLANCE VAN AND SHOULD BE CHARGED TO 06 -1910-
6430 (H.I.D.T.A. Gang Grant).
WHEREAS, the surveillance van was custom built by Audio
Intelligence Devices, Inc. under a "sole source of supply"
contract, any upgrades or compatible equipment should be performed
by or purchased through said vendor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is authorized to
disburse the sum of $ 10,615.00 to Audio Intelligence Devices, Inc.
for new equipment /upgrades for the surveillance van.
Section 2. That the disbursement be charged to account number
06 -1910 -6430 (H.I.D.T.A. Gang Grant).
Section 3. That this resolution shall be effective
immediately and after adoption hereof.
PASSED AND ADOPTED this day of , 1995.
APPROVED:
ATTEST:
CITY CLERK
28 READ AND APPROVED AS TO FORM:
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R
CITY ATTORNEY
MAYOR
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INNER - OFFICE MEMORANDUM
To: Eddie Cox Date: ugust 23, 1995
City Manag
From: Rafael P. r an e' bJ genda Item #
Chief of P ,lice Comm. Mtg. 8/15/95
Payment to Audio
Intelligence Devices Inc.
In 1992 the Police Department purchased surveillance equipment
under a federal grant known .as "Gang Busters" sponsored by
H. I. D. T. A.. The equipment was custom built to our specifications by
Audio Intelligence Devices and purchased under a "sole source of
supply" letter because of the sensitive nature of the equipment.
Due to the changing nature of technology we wish to upgrade
the equipment to enhance our ability to make quality criminal cases
and maintain security and officer's safety as well as meet our
present and future needs for surveillance equipment. The funds for
the upgrades are currently present in the "Gang Busters,
H.I.D.T.A." account. As the original designer and builder of the
equipment was A.I.D. the upgrades and modifications will need to be
performed by A.I.D. also.
I respectfully recommend approval.
Thank you for your cooperation. Please be assured of our
cooperation in all matters of mutual concern.
RH /dl
Attachments
I
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: Eddie Cox
City Manager
M.
Date: August 25, 1995
Agenda Item #6
Re: Comm. Meeting 9/05/95
The South Miami Post Office has approached the City regarding their
interest in leasing the property adjacent to their facility on SW
69th Street, and you have authorized me to negotiate an
arrangement with them.
In order to negotiate such an agreement, I believe it is necessary
and prudent to have a current fair market value and fair rental
value appraisal of that property.
I have requested quotes from three certified appraisers in the
City, and received the lowest responsible bid from Budny & Heath,
Inc. They have provided a letter of engagement stating the work to
be done and the cost. Based on their bid, I recommend that we sign
this letter of engagement with Budny & Heath, Inc. to conduct this
appraisal for the City, at a cost of $1,950.
0
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A LETTER OF
ENGAGEMENT WITH BUDNY & HEATH, INC., TO CONDUCT A PROPERTY APPRAISAL
OF THE CITY -OWNED PROPERTY LOCATED AT 5890 SW 69TH STREET IN SOUTH
MIAMI AT A COST OF $1,950.
WHEREAS, the United States Post Office, located adjacent to the
property owned by the City of South Miami, has expressed an interest
in leasing or a lease - purchase of the property located at 5890 SW 69th
Street, and
WHEREAS, the City Commission has authorized the City Manager to
proceed with negotiations with the United States Post Office on such
an agreement, and
WHEREAS, in order to negotiate an agreement that is in the best
interest of the City, it is necessary to determine the current fair
market value and fair rental value of this property, and
WHEREAS, bids have been received from three Certified Appraisers
and the lowest responsible bid was submitted by Bundy & Heath, Inc.,
at 5730 SW 74th Street, South Miami,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is hereby authorized to execute
a letter of engagement with Budny & Heath, Inc. to provide a fair
market value and fair rental value appraisal.
PASSED AND ADOPTED this day of
ATTEST:
ITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
1995
APPROVED:
NEIL CARVER, MAYOR
•
August 21, 1995
Mr. Eddie Cox, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Folio # 09 -4025- 028 -2070
5890 SW 69 Street
South Miami, Florida
Dear Mr. Cox:
In response to your request, we are pleased to submit this proposal
to complete a fair market value and fair rental value appraisal of
the above referenced property, comprising 31,050 square feet of
land and an older concrete structure of 1,896 square feet.
We are prepared to complete a narrative appraisal report on the
property, utilizing accepted appraisal methodology, in five copies
within 30 days of receiving authorization to proceed. Indications
of both fair market value and fair rental value would be provided.
Our fee to complete this appraisal would be $1,950.
You may authorize us to proceed with this appraisal by signing a
copy of this letter and returning it to us.Please do not hesitate
to call on us should you have any question.
Sincerely,
BUDNY & HEATH, INC.
Geoffrey D.'Heath, MAI
Fla Gen App #RZ0001456
ACCEPTED FOR THE CITY OF SOUTH MIAMI:
Name:
Title:
Date:
5730 S.W. 74th Street, Suite 400 • South Miami, Florida 33143
Tel (305) 668 -8810 • Fax (305) 668 -9110
ISUDNY & HEATH, INC*
August 91 1995
Ms. Diana Morris
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Folio # 09- 4025 -028 -2070
5890 SW 69 Street
South Miami, Florida
Dear Ms. Morris:
y In response to your request, we are pleased to present this
proposal to complete a fair market value appraisal of the above
referenced property, comprising 31,050 square feet of land and an
alder concrete structure of 1,896 square feet.
We would be prepared to complete a narrative appraisal report on
the property, utilizing accepted appraisal methodology, in five
copies within 30 days of receiving authorization to proceed.
our estimated fee to complete this appraisal would be $1,750.
Please do not hesitate to call on us should you have any question.
Sincerely,
BUDNY & HEATH INC.
Geoffre . Heath, MAX
Fla Gen App #RZ0001456
Ll.....t, C -.[1_ Jlf)Cl a C,.a,its Ahiwia.i CjA"jjjr4 VZJIJ�
Tel (305) 668.8810 41 Fax (305) 668 -9110
Q UfINLIVAN APPRAISAL
A PU0FEBSTONAL ASSOCIATION
RRAL ESTATY, APPRAISER& & CONSULTANTS
5730 S.W. 74TH STHRPT, SUITE 300
SOTIT11 IMAM[/ i FAMMA 33143
J. MAUI{ QUINLIVAN, MAI TELEPHONE (3015) 663 -13$11
STAl'G-CSRT1TIRn GitNRRAi• AvPAAIYatm FAX (305) 6615 -411$1
RZ 000011i'
,JAME'S E. Ac1NF.'!i, MAI
STATK- ChAIT1FIi9P GnMERAL APPRA111RR
Xf O000182
August 9, 1995
Ms. Diana Morris
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143 -5040
Dear Ms. Morris:
GREooay R, GUNTER, MAI
SYA2'B -C %E1tT1Vjrn {iannuAl. At- PLAMBA
R'!, 0000436
TROMAB F. MAunNniumER, MAI
STATIC-CLIRTIPIED G14NKRAi. A111- nA18ER
R7 00001550
I have reviewed your request for an Appraisal Report on the following described
property.
One -story commercial building and vacant
lot, 5890 S.W. 69th Street, South Miami,
Florida.
The Appraisal Report would be prepared in accordance with the Professional Standards
of the Appraisal Institute, in conformity with the requirements of U.S.P.A.P. appraisal
guidelines and in conformity with the guidelines of the City of South Miami.
The report would take a period of approximately four weeks to complete from the date
of authorization. The fee would be $2,200.111ree original reports would be provided.
Thank you for your consideration of our firm in this matter.
R�s tfully sImitted,
r
tM u* QuIavan, MA.I
to Certified General Appraiser
Certification Number: RZ00001 12
JMQ /16
4
U "�i�IC.4TIONS OF THE APPRAISER
Engaged in the field of real estate appraising since 1972. Associated with F,
Robert Quinlivan, MAI, from 1972 to 1985. Currently President of Quinlivan
Appraisal, P.A., a Real Estate Appraising and Consulting Firm, established in
1964.
University of Notre Dame
BBA - Bachelor of Business Administration (Major in Finance and
Business Economics)
r university of Maryland
MBA - Master of Business Administration (Concentration in Finance)
University of Miami Law School
JD - Juris Doctor (Concentration in Real Estate and Taxation)
Florida International University
MSM Master of Science in Management (Major in Real Estate)
University of Miami
MALE - Currently enrolled in the Master of Arts in Liberal Studies program
kr fessioyW Af f ` ationsa;
Member of the Appraisal Institute (MAI NO 5791)
Member of the Florida Bar (NQ 239992)
Real. Estate Broker, State of Florida (NO 0125264)
Certified General Appraiser, State of Florida, License N2 RZ0000112
0
FPOf l BF: I TTE'"". HF`PF`H I SHL Si)CS
�--A
Appraisal Services, Inc.
13P ITT 1. ROSEN, CCINI
plcSidenk
August 10, 1995
Diann: Morris
Assistant to Cite Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
RE: Appraisal and Analysis of
5890 S.W. 69 Street
South Miami, Florida
Folio #: 09- 4025 - 028 -2070
Dear Ms. Morris:
PHONE h10. : 725 GE-3 7977 Hug. 10 1995 11:50AM F`
Real Escace Arprmsvr5
Cafe Cenifird
General Appraiser
C:cuiticare Nip.
RZ 00011556
Thank you for contracting us to quote the fee for the appraisal and analysis of the property
located at 5890 S.W. 69th Street in South Miami.
According to the public records the property consists of a 31,050 square foot tract of land
containing a small building of approximately 1.896 square feet. According to the Dade County
tax roll, this parcel is zoned C -2 by the City of South Miami.
The legal description of the captioned property is as follows:
Lots 7 through 9 and 30 through 35, of Block 16 of the Townsite
of Larkins Subdivision, Plat Book 2, Page 105, as recorded in the
Public Records of Dade County. Florida.
Our appraisal report will be prepared under the fallowing conditions:
1. We will commence the work as soon as we receive approval to begin the appraisal
assignment.
2. The appraisal will be addressed to the City of South Miami and the report wi11 be
delivered within thirty days of the inspection date.'
3. We will furnish three duplicate originals of a completed bound narrative report on
the described premises, establishing an estimate of market value for the parcel
based on the highest and best use of the property considering its existing
characteristics and limitations of zoning, use and other relevant factors. This
analysis will include the evaluation . of a long term lease of the land under a
proposal submitted to the City of South Miami.
7,900 Rcd Plead, Suice 133, tvLiarai, Florida 33143 -5523 • Phone: (305) 663.7334 a Fax: (30-1) 6613 077
FROM : ER I TTE;>; APPPA I SAL Sf•..'CS.
August 10, 1995
Page No. 2
Diane Morris
Assistant to City Manager
PHONE tlU. : 305 GE :3 7977 Rug. 10 1995- 11:51At °i P7
4. We will furnish a signed Certificate of Appraisal for the subject.
5. We will complete the narrative appraisal report for a fee of $3,000.
Thank you for the opportunity to make this proposal. If you have any questions, please let us
know.
Sincerely,
Britt J. Rosen
bjr/h
enc.
R
9
i' 35 it 3u i I d i n ILL
Qualified as an Expert Witness in the Following Cote$:
Dade, Broward, Palm Bah and Monroe County Circuit Courts
United States Bankruptcy Court
United States District Court
l �XK k
Appraiser Special Master (1978 - 1980),
Dade County Property Appraisal Adjustment Board
Past President - Miami Chapter NQ 71,
Society of Real Estate Appraisers (1983 - 1984)
Past President - South Florida Chapter NQ 24, Appraisal Institute (1988)
Past Governing Councilor of the American Institute of Real Estate Appraisers
(1990)
Young Advisory Council of Society of Real Estate Appraisers (1979 and 1980)
Editorial Review Board (1981 - 1991)
THE REAL ESTATE APPRAISER AND ANALYST published quarterly by the
Society of Real Estate Appraisers
01
"Non - Conforming Use Properties: The Concept of Positive Economic
Obsolescence ", "m Appraisal 1'ourna January 1981, Pages 4S -51. (Arthur A.
May Mernorial Award 1982).
6
r CITY OF SOUTH MIAMI
= INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
From: Eddie Cox
City Manager
Date: August 29, 1995
Agenda Item #7
Re: Comm. Meeting 9/05/95
The attached resolutions, rescind resolutions passed earlier by the
City Commission for the repair of heavy equipment in the Public
- Works Department. The original resolutions (96 -95 -9645, 116 -95-
9665, and 103 -95 -9652) charged off the expenditures to incorrect
account numbers which nullified the effectiveness of the
resolutions. The new resolutions charge those expenditures to the
correct accounts.
a \rescind.bd
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[I
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RATIFYING EMERGENCY
REPAIRS TO CRANE 21 -31A, AND AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $2,568.30 FROM ACCOUNT
NUMBER 1760 -4680, "EQUIPMENT MAINTENANCE OUTSIDE
SERVICES." RESCINDING RESOLUTION NO. #96 -95 -9645.
WHEREAS, at the June 13, 1995 Commission Meeting, the City of South Miami passed and
adopted Resolution No. 96 -95 -9645, ratifying the emergency repair of crane 921 -31A by Dynamic
Power Hydraulic, Inc.; and,
WHEREAS, writer error nullified the effectiveness of the resolution by using the incorrect
account number to charge the expenditure.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Resolution No. 96 -95 -9645, be, and the same is, hereby rescinded.
Section 2. That passage of this resolution corrects the account number used for the original
expenditure in the aforesaid Resolution to # 1760- 4680 " Equipment Maintenance- Outside Services ".
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of 1995.
APPROVED
MAYOR
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RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RATIFYING EMERGENCY
REPAIRS TO CRANE 421 -32A, AND AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $3,821.64 FROM ACCOUNT
NUMBER 41760-4680, "EQUIPMENT MAINTENANCE- OUTSIDE
SERVICES." RESCINDING RESOLUTION NO. 9116 -95 -9665.
WHEREAS, at the July 25, 1995 Commission Meeting, the City of South Miami passed and
adopted Resolution No. 116 -95 -9665, ratifying the emergency repair of crane #21 -32A by Metropolitan
Dade County; and,
WHEREAS, writer error nullified the effectiveness of the resolution by using the incorrect
account number to charge the expenditure.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Resolution No. 116 -95 -9665, be, and the same is, hereby rescinded.
Section 2. That passage of this resolution corrects the account number used for the original
expenditure in the aforesaid Resolution to #1760 - 4680 " Equipment Maintenance- Outside Services ".
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of 1995.
APPROVED
MAYOR
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32
33
34
35
36
37
38
39
40
41
i
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RATIFYING THE PURCHASE OF THE
HYDRAULIC CONTAINER ATTACHMENT FOR REFUSE COLLECTION
TRUCK 921 -39 (NEW TRUCK), AND AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $2,525.00 FROM ACCOUNT
NUMBER #1760 -5240, "PARTS." AND RESCINDING RESOLUTION NO.
#103 -95 -9652.
WHEREAS, at the July 18, 1995 Commission Meeting, the City of South Miami passed and
adopted Resolution No. 103 -95 -9652, ratifying the purchase of a hydraulic container attachment for
refuse collection truck #21 -39; and.
WHEREAS, writer error nullified the effectiveness of the resolution by using the incorrect
account number to charge the expenditure.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Resolution No. 103 -95 -9652, be, and the same is, hereby rescinded.
Section 2. That passage of this resolution corrects the account number used for the original
expenditure in the aforesaid Resolution to #1760 - 5240" Parts ".
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of 1995.
APPROVED
MAYOR
E
C=TY OF SCDTjr 'H MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City ission
From: Eddie Cox
City Manager
Date: August 28, 1995
Re: Agenda Item #8
Comm. Mtg. 9/05/95
Payment to Micron
Electronics, Inc.
The South Miami Police Department Habitual Offender Unit computer
was purchased with the original H.I.D.T.A. Grant award in 1991.
This IBM system was purchased with the technical assistance of the
City of Homestead Computer Center. The system consists of an IBM
processing unit with a maximum 80 megabyte hard drive and 2
megabytes of RAM, keyboard, color monitor, Hewlett Packard LaserJet
III printer and Hewlett Packard ScanJet 3p scanner.
This system has served the unit well over the past four years. At
present there is less than 10 megabytes of memory left in the
system: Additionally, the RAM requirements of the programs
currently used and of the ones that will be loaded into the system
in the future exceed the current, available RAM. The Metro -Dade
Police Department Gang Unit and Multi - Agency Gang Clearing House
have elected to discontinue using the GREAT (Gang Tracking)
Program. The program replacing GREAT is the GOTRACK program.
GOTRACK is an advanced gang tracking program with a graphics
interface. The program is very memory intensive due to the
graphics features. It requires a 486 or higher machine with at
least 8 megabytes of RAM. The present system is obsolete with
regards to the needs of the gang unit.
The purchase recommended is a Micron P100 Powerstation, 16 MB RAM,
1.275 GB hard drive, Diamond Stealth 2 MB VRAM, Promotheus
Telephony 14,400 bps fax /data /voice modem, Creative Labs
SoundBlaster SB16, Price $3,133 + 89 shipping. This purchase was
developed in consultation with Slaven Kobola of the BZCD.
Funds to replace the existing computer system are available in the
H.I.D.T.A. Grant.
I recommend approval.
RH /EC /sv
Attachments
5
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 $3,222.00 TO MICRON ELECTRONICS, INC.
5 THIS REPRESENTS THE PURCHASE OF AN UPGRADE COMPUTER
6 SYSTEM TO REPLACE THE CURRENT IBM SYSTEM IN THE HABITUAL
7 OFFENDER UNIT. THIS SUM WILL BE CHARGED TO 06 -1910 -6430
8 (H.I.D.T.A. GANG GRANT).
9 WHEREAS, the Habitual Offender Unit's IBM processing system
10 was originally purchased with the technical assistance of the City
11 of Homestead Computer Center.
12 WHEREAS, there is presently less than 10 megabytes of memory
13 left in the system. The new program (GOTRACK) is very memory
14 intensive due to graphic features and requires a 486 or higher
15 system with at least 8 megabytes of RAN. . This would make the
16 current system obsolete.
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
19 Section 1. The City Manager be, and hereby is authorized
20 to disburse the sum of $3,222.00 to MICRON ELECTRONICS, INC. for
21 the purchase of a new computer system for the Habitual Offender
22 Unit.
23
Section 2.
That the disbursement be charged to account
24
number 06 -1910 -6430 (H.I.D.T.A.
Gang Grant).
25
Section 3.
That this
resolution shall be effective
26
immediately and
after adoption
hereof.
27
PASSED AND
ADOPTED this
day of 1995.
,
28
APPROVED:
29
30
MAYOR
31
ATTEST:
32
33
CITY CLERK
34
READ AND APPROVED
AS TO FORM:
35
36
CITY ATTORNEY
C+O M P U SA OFFERS OVER 100 DIFFERENT CLASSES ON NETWORKING, PC &
MAC BASED APPLICATIONS. CALL YOUR REP FOR OUR MOST CURRENT SCHEDULE
PROPOSAL
CUSTOMER: S MIA PD 00001018 Order# K
TO..
CONTACT:
PHONE: (305)663 -6303
FAX #: ( ) - MIAMI. FL 33143
DATE SUBMITTED: 07/13/95 QUOTE NO.: 1248 QUOTE VALID FOR 30 Days
PRODUCT PRICING AND INFORMATION
PROD
CODE T
PRODUCT DESCRIPTION
EQ.
UNIT PRICE
EXTENDED PRICE
818064
PC DESKTOP
1
4,589.88
4,589.88
681275 NEC 9530 P120 16/1275 MMMT
1
3,299.99
648320 NEC XV17 17° .28NI
1
799.99
813263 APC BACK UPS 600C
1
289.92
673051 HP COLO T1000 TAPE B/U SYS
1
199.98
If you have any questions regarding this quote please contact:
QUOTE TOTAL: $ 4,589.88
ROY GRAY
Freight Charges will be added at the time of
Phone:( ) - Fax:(305)234 -4698
_
shipment based on the weight of products'shipped.
Q�J— T--nil 4....,.1.1....1 ...b. ---
" THE ABOVE LINE ITEM COMPONENT PRICES ARE VALID FOR THIS QUOTE ONLY ..
THANK YOU FOR THE OPPORTUNITY TO DO BUSINESS WITH YOU!
FOR: DAVID LENIER
454 SDFSDF
MIAMI, FL 33156
(305) 663 -6301
ISSUE DATE: 08/02 /95
QUOTE #: 000189
FROM: OLIVER MORSNO
COMPUTER CITY # 29 -4310
MIAMI. FL 331560000
(305) 671 -2400 (305) 671 -2470 FAX
Stock #
Brand /Model /Description
Qty
Price
Amount
12 -10546
ASTI 501714 -001
1
2,799.11
2,799.11
810OP- PENT100 1611000 MM MT
32 -10251
SONY CPD17SFI
1
898.11
898.11
1711MULTISCAN SF.25
41 -10101
PACK JT25NRC
1
399.57
399.57
2 V
_' 010
TRAKKER 7 0 OMB EXT . i�
35- 10003
AMPC BK600C
1
289.55
289.55
BACK UPS 600,VA/2,386,SX SERVR
This quote includes special pricing.
Not valid without a sales manager's
signature.
Sales Manager X
* ** THANK YOU FOR SHOPPING'AT * **
* ** COMPUTER CITY * **
Business leasing may be available upon credit approval for as
little as $142.11 per month. This will be for a 36 month fair
market value lease.
Computer City Platinum Carry -in Service Plans provide affordable
protection against repair costs for four years from the date of
equipment purchase.
Items are subject to availability.
NOTE: The prices shown above are effective for 30 days from the
date of quote.
Page 1 of 1
AN
SUBTOTAL
TAX
FREIGHT
MISC
BAL DUE
4,386.34
.00
.00
/0/.Z
1- 800 - 438 -3343
P41CRON
900 EAST KARCHER ROAD
NANPA, IDAHO 83687
PHONE (800) 438 -3343
FAX: (20S) 463.3424
8 -11 -1995 12:53
Quote Memo
BiN CITY OF SOUTH MIAMI
To
BUILDING,ZONING,& COMMUNITY
DEVELOPMENT DEPT.
6130 SUNSET DRIVE, 2ND FLOOR
Miami, FL 33143
SNP CITY OF SOUTH MIAMI
To
BUILDING,ZONINGA COMMUNITY
DEVELOPMENT_ DEPT._x
6130 SUNSETDR1W 2ND FLOOR
r -
Muni, FL.�33t43•
DATE
SNIP CU
SALESPERSON
RG:
Case
` `SHIIPVIA
8!11195
161768
DOUG DAHLBERG
MOD001060
DRAM
Fed Ex Second Day
QTy ID Ref
DESCRIPTION AWTPRICE NETPRICE
1 Configuration- ASSY.PCI (M54SI- A).POWERSTAYION $3,133.00 $3,133.00
CSE001055
Case
ASSY.MINI TOWER.MICRON BEZELiMICRON BOX.PS2200W
CPUOO1011
Processor
ASSY.INTEL•PENTIUM.100MHZ
MOD001060
DRAM
ASSY.(2 SIMMS) EDO MEMORYJ=16M
MC0000
RAM Cache
CACHE ON MOTHERBOARD
HDD001007
Hard Disk
CONNER.1275.IDE _
000000
Conblier Cad
CONTROLLER ON MOTHERBOARD.32 BIT_
FDD001002
Floppy
ASSY.FLOPPY DRIVE3.5.1.44MI3
CDROOI O18
CD ROM
ASSYAX CD ROM DRIVEIDE:
VCDO01047
Video Card
ASSY.STEALTH 64.PC1.2LtORAM -
MNNO01014
Monitx
ADI.5EP.1T..28DP.ADI LOGO
KBROO1000
Keybowd
NMB.RT- 66.PS1 2101 .ENHANCED.ENGUSH.MICRON.MEMBRA
ME1040
Mouse
MICROSOFT.50 MILE MOUSE.PS2.2 BUTTON
SF0001073
OEM Software
MS.OFFICE 4.3 W /ASSISTANT/BKSHF94.CD
SCMOO1061
Sound Card
ASSY.CREATIVE LABS.16 BIT SOUND CARD KIT
SCM001CY70
Modems
ASSY.PROMETHEUS.14.4.TELEPHONY W/ON UNE(DOS SYS
MMP001001
Multimedia Options
KOSS.HDI5.COMPUTER SPEAKERS
TB0001013
Tape Backup
ASSY.CMS.TRAVAN.4000OM
OSS001002
System sw was
ASSYMOS 6.221WFW KITW/BOOT DISKCD
mww 8ecur ics, Inc cam et be responside for ortdssi ma and/or errors in typography. 30.
day -dsk tree money back guarantee does not include return freight and oil"
shippargfhanding charges, applies onlyto Micron brand products, and begins from dale of
W"em. All returns require RMA numbers and must be shipped In the original condition
prepaid and insured Lease prices based on 38.monfh lease.
SALEAMOUNT $3,133.00
1
FREIGHT
SALES TAX
TOTAL
RECEIVED
DUE
$89.00
$0.00
$3,222.00
Electronic:
3i i 67 /D/ 81-7
DA'vll= LANIE-7
63
Ph 0 2 0 5 6,
5;79
no zhi.ptj
Con6iquaat.ion 53.2100
Today',6 Date 08102195
Con6ALqu,tation Date 08/02,/,,7,5
------ SH7-_
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DATE ---- FOS -----
---- TERMS ----
J 3 po'131 / 1,15 MIAMI, FL.
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23 DOT SVGA NT
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HEAVY CONFIG
INTERNAL LNTEI=INA 700MB
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El�le
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
F ie Cox
City Manager
Date: September 1, 1995
Agenda Item # /Q
Re: Comm. Meeting 9/05/95
Historic Preservation
Board
This ordinance creating an Historic Preservation Board, and
amending parts of the Land Development Code in conflict was to be
presented for second reading at the September 5, 1995 Commission
meeting. However, due to the fact that this ordinance must be
heard by the Planning Board, and that the Planning Board has not
had an opportunity to hear this ordinance, I am recommending
deferral of this item until the September 19 Commission meeting.
The Planning Board meets on September 12.
a \histpre bd
C -E TY ®F SOUTH M= AM =
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission Date: August 11, 1995
F� F"ddie Cox
City Manager
Agenda Item #�
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
/J
0
1
2
3
4
5
6
7
ORDINANCE NO.
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.
WHEREAS, the South Miami City Commission is authorized under
Art. II, § 8 of the Charter of the City of South Miami to create
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.
2
E
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
Z
1
developers, public officials, financial
2
institutions and other interested persons.
3
(m)
The board shall have the power and the duty to hear
4
and decide matters in accordance with the terms of
5
this code.
6
(n)
The board shall conduct any other function which
7
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.
0
M
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
V
1
2
3
4
5
6
7
ME
PASSED AND ADOPTED this day of _
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
hispres.ord
0
MAYOR
1995.
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 Dally Business
Review f /k/a Miami Review, a daily (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 HEARINGS 9/5/95
RE: ORDINANCES
In the .......... XXXXXXX .................. Court,
was published In said newspaper in the Issues of
Aug 24, 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 vertisement; and afflant further says that she has
neitrsuc p d nor promised any person, firm or corporation
any o nt, rebate, commission or refund for the purpose
of s ri g thi s a4i(ertisement for publication in the said
w
Swam to and subscribed before me this
24 August 95
day of ..... ............. ......i,E1.P: 19......
(SEAL) \ \\ S
Sookle Williams personally known toms. P:
•�°•. OF
-• +4.
r)If9('IAL NOTARY SEAL
?i:iRYL H MARINER
wr.+`.ION NO. CC191612
i;46510N EXP. APR. 12.1996
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE iS HEREBY given that the City Commission of the City of
South Miami, Florida will hold Public Hearings during its regular City
Commission meeting on September 5, 1995 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive-to consider the
following described ordinances which were given first reading on Au-
gust 15, 1995.
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.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA CREATING
CHAPTER 8 OF THE CODE OF ORDINANCES, TO BE
ENTITLED CABLE TELEVISION REGULATIONS; DECLAR-
ING INTENT AND PURPOSE; PROVIDING FOR DEFINI-
TIONS, 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 SYS-
TEM CONSTRUCTION REQUIREMENTS, USE OF
EASEMENTS AND STREETS, WORK IN RIGHT -OF -WAY,
SIGNAL STANDARDS, TECHNICAL STANDARDS, EMER-
GENCY 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 REGULATIONS,
PROHIBITING DISCRIMINATORY PRACTICES, VIOLATION
BY THEFT, VANDALISM AND TAMPERING, PRIMA FACIA
EVIDENCE, CONFISCATION, PUNISHMENT, PERFORM-
ANCE EVALUATION, ENFORCEMENT, PENALTIES, FUR
THER REMEDIES, TERMINATION OF LICENSE, REMO-
VAL, RESTORATION, APPEAL AND - CiTY'S RIGHT TO
INTERVENE IN PROCEEDINGS, AND RELATED MAT-
TERS. _
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 AGREE- -
MENT 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.
Said ordinances can be inspected in the office of the City Clerk,
Monday - Friday during regular office hours.
Inquiries concerning this item can be addressed to the City Man-
ager's office at: 663-6338..
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida 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.
8/24 95- 3- 082438M
C2`-'Y ®F SOUTH M=AM=
INTER- OFFICE MEMORANDUM
To: Mayor & City Commission
F 'o die Cox
City Manager
Date: September 1., 1995
Agenda Item #. 11
Re: Comm. Meeting September 5, 1995
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 \Eglease.agr
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 20NING 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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Sect ion----. If any section, clause, zentence, ur 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
1st- Reading 8/15/95
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
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 Dally Business
Review flkia Miami Review, a daily (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 HEARINGS 9/5/95
RE: ORDINANCES
In the .......... XXXXXXX .................. Court,
was published In said newspaper in the issues of
Aug 24, 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 ertlsemenM and afflant further says that she has
nelthe _qv d nor promised any person, firm or corporation
any sco nt, rebate, commission or refund for the purpose
of s url g this a ertisement for publication in the said
no pa r. ff
Swom to and subscribed before me this
24 August 95
day of ...... ..................SOAP ; 19......
.13) C e
(SEAL) _
Sookle Williams personally known toil,
ryr FiclAL NOTARY SEAL
iV RYL H MARMfiR
A15FION NO. CCI91642
f -6ION BXP. APR. 141946
go
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will hold Public Hearings during its regular City
Commission meeting on September 5, 1995 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive -to consider the
follow_ ing described ordinances which were given first reading on Au-
gust 15, 1995.
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. -
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA CREATING
CHAPTER 8 OF THE CODE OF ORDINANCES, TO BE
ENTITLED' CABLE TELEVISION REGULATIONS; DECLAR-
ING INTENT AND PURPOSE; PROVIDING FOR DEFINI-
TIONS, UCENSE 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 SYS-
TEM CONSTRUCTION REQUIREMENTS, USE OF
EASEMENTS AND STREETS, WORK IN RIGHT -OF -WAY,
- SIGNAL STANDARDS, TECHNICAL STANDARDS, EMER-
GENCY 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 REGULATIONS,
PROHIBITING DISCRIMINATORY PRACTICES, VIOLATION
BY THEFT, VANDALISM AND TAMPERING, PRIMA FACIA
EVIDENCE, CONFISCATION, PUNISHMENT, PERFORM -
ANCE EVALUATION, ENFORCEMENT, PENALTIES, FUR-
THER REMEDIES, TERMINATION OF LICENSE, REMO-
VAL, RESTORATION, APPEAL AND CITY'S RIGHT TO
INTERVENE IN PROCEEDINGS, AND RELATED MAT-
TERS.
[FINANCE-AND N ORDINANCE OF THE MAYOR AND CITY COMMISSION
F THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING
HE CITY MANAGER TO EXECUTE A FOUR -YEAR
ASTER GOVERNMENTAL EQUIPMENT LEASE AGREE--
WITH BARNETT BANK, WITH A RENEWAL OPTION
OR AN ADDITIONAL YEAR AT EXPIRATION OF THE
ASE TERM, IN AN AMOUNT NOT TO EXCEED $275,000
OR PURCHASE OF COMPUTER EQUIPMENT FOR THE
BUILDING AND ZONING DEPARTMENTS.
Said ordinances can be inspected in the office of the City Clerk,
Monday - Friday during regular office hours.
Inquiries concerning this item can be addressed to the City Man-.
ager's office at: 663 -6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida 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.
8/24- 95- 3-082438M
1
llr�p
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 PROVI-
8
SIONS, APPLICATION FEE, NOTICE AND HEARING,
9
TERM OF LICENSE, SERVICE AREAS, LICENSE
10
RENEWAL AND TRANSFER, AUTHORITY OF CITY
11
MANAGER, LIABILITY, INDEM[1IFICATION, INSUR-
12
ANCE, BONDS, CABLE SYSTEM CONSTRUCTION
13
REQUIREMENTS, USE OF EASEMENTS AND STREETS,
14 _
WORK IN RIGHT -OF -WAY, SIGNAL STANDARDS,
15
TECHNICAL STANDARDS, URGENCY OVERRIDE
16
FACILITIES, SERVICE TO PUBLIC BUILDINGS,
17
PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS
1=8
CHANNELS, INTERCONNECTION OF CABLE SYSTEMS,
19
RECORDS AND REPORTING, REPORTS, AUDIT,
20
CONSUMER PROTECTION, CONSUMER SERVICE REQUIRE -
21
MENTS, RATES , PROHIBITING
22
DISCRIMINATORY PRACTICES, VIOLATION BY THEFT,
23
VANDALISM AND TAMPERING, PRIMA PAGIA FACIE
24
EVIDENCE, CONFISCATION, PUNISHMENT,
25
PERFORMANCE EVALUATION, ENFORCEMENT,
26
PENALTIES, FURTHER REMEDIES, TERMINATION OF
27
LICENSE, REMOVAL, RESTORATION, APPEAL AND
28
CITY'S RIGHT TO INTERVENE IN PROCEEDINGS, AND
29
RELATED MATTERS; PROVIDING FOR SEVERABILITY;
30
PROVIDING FOR ORD114ANCES IN CONFLICT; AND
31
PROVIDING AN EFFECTIVE DATE.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
11
WHEREAS, it is the intent of the City Commission of the City
of South Miami to promote the public health, safety, and general
welfare by providing for the control of cable television systems in
the City of South Miami; to provide for the payment of fees and
other valuable consideration by a licensee to the City for the
privilege of using public rights -of -way for constructing and
operating a cable television system; to promote widespread
availability of cable service to City residents; to encourage the
provision of diverse information to the community over cable; and
to establish minimum standards for the regulation and performance
of cable television systems in the City of South Miami for all
cable television licenses granted or renewed after the effective
date of this chapter.
WHEREAS, the Mayors and the City Commission find that it is in
the public interest to adopt cable television regulations.
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
1-5 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
K
I mean a facility, consisting of a set of closed
2 transmission paths and associated signal generation,
3 reception, and control equipment that is designed to
4 provide cable service which includes video programming
5 and which is provided to multiple subscribers within a
6 community, but such term does not includes
7 (1) A facility that serves only to retransmit the
8 television signal of one (1) or more television
9 broadcast stations;
10 (2) A facility that serves only subscribers in one (1)
11 or more multiple unit dwellings under common owner -
12 ship, control or management, unless such facility
13 or facilities uses any public right -of -way, public
14 property, public easement, or other easement whose
15 _ use is regulated by government;
16 (3) A facility of a common carrier which is subject, in
17 whole or in part, to the provisions of Title II of
1-8 the Cable Act, except that such facility shall be
19 considered a cable system to the extent such
20 facility is used in the transmission of video
21 programming to subscribers; or
22 (4) Any facilities of any electric utility used solely
23 for operating its electric utility systems.
24 d. Channel or cable channel shall mean a portion of the
25 electromagnetic frequency spectrum which is used in a
26 cable system and which is capable of delivering a
27 television channel as defined by the Federal
28 Communications Commission.
29 e. City shall mean the City of South Miami, Florida.
30 f. Commission shall mean the Mayor and City Commission of
31 the City of South Miami.
32 Gemm
hip, eentrel
g.
er management
shall mean the existenee
33 of ere-
beard,
er that
has
perse:n,
entity-
autheL-jty, - dis- =etien,
34 rentenasbi
; t te
adminieter the day
day
-
-te-- - eperatiens - -e ,
and
35 make -wee-
is -iese
for, member a
e
asseeiatiens ems apartment
36 buildings
j eint
and in eemmen if
as
they were a -eingie unit
- T=ke
37 temn
lees - not -apply
single family
heme
develepments ermebi-e
38 heme
eemmtinitiee-r
39 h q. County shall mean Dade County, Florida.
40 4: h. Distribution system shall include all means of transmis-
41 lion of all signals.
4
1 i. Drop shall mean the individual connection or cable from
2 the distribution system to each individual household or
3 connection.
4 # 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 k. Federal Communications Commission (FCC) shall mean that
9 agency as presently constituted by the United States
10 Congress, or any successor agency.
11
m 1. Gross revenue shall mean all revenue from all sources,
12
including cash, credits, property of any kind or nature
13
or other consideration, which is derived directly or
14 _
indirectly by the licensee, arising from or in connection
15
with the operation of the cable system within the City of
16
South Miami including, but not limited to: revenues from
17
all charges for entertainment and non - entertainment
16
services provided to subscribers; basic service monthly
19
fees; installation, reconnection and similar fees; leased
20
access fees; converter rentals or retail sales; studio or
21
other facility or equipment rentals; advertising; revenue
22
derived from the sale of products advertised or promoted
23
on the system, including home shopping services; the sale
24
of signal to unlicensed operators; – late — fees; premi
25
ees,- enhafteed basle __ . ___ :; and all other revenue.
26
Gross revenue shall not included uncollected bad debt;
27
revenue derived from the sale or rent of real property,
28
except studio's; interest; taxes imposed by law on
29
subscribers which the company is obligated to collect and
30
which the company passes on, in full, to the applicable
31
tax authority or authorities; charges for repair to
32
equipment; resale of equipment on a wholesale basis;
33
sublicensing fees to other licensed operators that pay
34
license fees to the City; collection fees; returned -check
35
charges; or unreturned equipment charges.
36
a m_. Interconnect shall mean the electronic connection of two
37
_ (2) or more different cable systems for the purpose of
38
sharing programs or other signals.
39
a n. License shall mean the license granted to the applicant
40
for permission to install and operate CATV systems in the
41
City of South Miami, Florida.
42
p o. License fee includes any tax, fee, or assessment of any
43
kind imposed by- a franchising authority or other
44
governmental entity on a cable operator or cable
45
subscriber, or both, solely because of its status as
46
such; the term "license fee" does not include:
5
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
ante, indemnification, penalties, or liquidated
23
damages; or
24
(5) Any fee imposed under title 17, United States Code.
25
q 12. Licensee shall be the corporation, partnership,
26
individual, or other entity granted a license for CATV by
27
the Commission.
28
Person shall mean any individual, partnership,
29
corporation, or other legally recognized entity, whether
30
for - profit or not -for- profit.
31 -a r. 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- s. 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 t. 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,
no
1 public property, public easement, or other easement whose
2 use is regulated by government.
3 v u. Shall and will are mandatory, not merely directive.
4 w v. Subscriber shall mean any person lawfully receiving for
5 any purpose any service provided by the cable operator.
6 x w. 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 x. U.N.C.L.E. shall mean the Utility Notification Center
13 Liaison for Excavators.
14 Weighted
Gity --
z.
15
pre
rata
sL_re -ei - all - subseribe
shall mean the
16
ri the
Gity
-ef Seth Miami. Where
_b-y3�-
_"__seribers=
17 d
to
—
a system
"seribers,
effe_ra-
heuse -._
es-
18 mete!
..
_- -t_iple
-eutiet-
-
sueh- as apartment
-built is
19
eperratee-
te-b be
eaeh
rate- eentraet viewed
t by dividing total
as a nu"er -ter
subaeribe
20 fer
rs
the bulk
ea -ieula
ed the
by— the
ual _L _- g d
b_si- _1
21 subseriptien
rate—
for
eentraet --- system's
individual househeld.
Fer
22 eab- ie-
rate
tele-vi-sien
an
heue
example,
23 �e�ea-
11..rs
systems-
($
eharges an apartment
nnn nn) 1L
€e��- b�az
e}erter ewe
a
24 eharg_..
amide - - - --
individual
,Ta,
heusehelds
a�ea�-
basic
rate
-e ee�,a���
fifty dellare
25 (- $59.00)
ea1
the
a— rate ---ef
-mule rate is
26 8ub8 a ri
per
pt i ens ---(i.e.,
1,000
eentraet eeunted
50 m 20)_
as twenty 24+
27 Sec. 8 -4. Licensing provisions; license required.
28 a. Any person desiring to install and /or operate any cable
29 television system in the City shall apply to the Commission for a
30 license pursuant to this chapter. Any license granted by the - City
31 shall authorize and permit the licensee to engage in the business
32 of operating and providing a CATV system in the license or priority
33 service area assignment. For that purpose, subject to the approval
34 of the Public Works Department and all existing permitting
35 processes, the licensee is authorized to install, construct,
36 maintain and operate in, along, under, over, through, across and
37 upon any public right -of -way or street, such poles, wires, cables,
38 conductors, ducts, conduits, vaults, manholes, amplifiers,
39 appliances, attachments, and other property as may be necessary to
40 the CATV system. To the extent provided by State and federal 'law,
41 the licensee shall be entitled to use easements dedicated for
42 compatible uses.
43 b. It shall be a violation of
44 engage in the construction, operation
7
N"
this chapter to commence or
or maintenance of a cable
1 system in the City without first having obtained a cable license
2 awarded by the Commission.
3 Sec. 8 -5. License application procedure; information required.
4 a. All applications to construct, operate, or maintain any
5 CATV system in the City or to traverse any portion of the City for
6 the transmitting or conveying of such service elsewhere, shall be
7 filed with the South Miami City Manager, or such office of the City
8 as the City Manager may designate. An application for the grant of
9 an initial license may be filed pursuant to a request for proposals
10 issued by the City or on an unsolicited basis. To be acceptable
11 for filing, an original and two (2) copies of the application must
12 be submitted and be accompanied by the application filing fee where
13 required.
14 - b. Each application for an initial license shall set forth
15 the following:
16 (1) The name, address and telephone number of the
f7 1 applicant.
18
(2) a detailed statement of the corporate or other
19
business organization of the applicant, including
20
but
not limited to the following:
21
(a)
The names, business addresses, and state of
22
residence of all general partners and
23
corporate officers of the applicant.
24
(b)
The names, business addresses, and state of
25
residence of all persons owning or controlling
26
five (5) percent or more of the stock,
27
partnership shares, or assets of the applicant
28
and the respective ownership share o£ each
29
such person.
30
(c)
The names and addresses of any parent corpora -
31
tion, parent entity, or holding company that
32
owns or, by ownership of other entities,
33
controls the applicant.
34
(d)
The names and addresses of any business
35
entities owned or controlled by the applicant,
36
including, but not limited to, SMATV or CATV
37
operations.
38
(e)
A detailed and complete financial statement of
39
the applicant, prepared by a certified public
40
accountant, for the five (5) fiscal years
41
immediately preceding the. date of the appli-
42
cation, or a letter or other acceptable
8
0
1
evidence in writing from a responsible lending
2
institution or funding source, addressed to
3
both the applicant and the City, setting forth
4
a clear statement of its intent to provide the
5
capital required to construct and operate the
6
proposed system. If the corporate or business
7
entity organization of the applicant has not
8
been in existence for a full five (5) years,
9
applicant shall submit a certified financial
10
statement for the period of its existence.
11
(f) A detailed description of all previous
12
experience of the applicant in providing CATV
13
services or related or similar services which
14
includes a statement identifying, by place and
15
date, all other cable television licenses or
16 _
franchises awarded to the applicant, its
17
parent or subsidiary; the status of the
18
licenses or franchises with respect to
19
completion; the total cost of completion of
2'0
such systems; and the amount of applicant's
21
and its parent's or subsidiary's resources
22
committed to such systems.
23
(g) An indication of whether the applicant, or any
24
person controlling the applicant, or any
25
officer or major stockholder of the applicant,
26
has been adjudged bankrupt, had a cable
27
license or franchise revoked, or been found
28
guilty by any court or administrative agency
29
of a violation of a security or antitrust law,
30
felony, or any crime involving moral turpi-
31
tude; and, if so, identification of any such
32
person and a full explanation of the circum-
33
stances.
34
(3) A detailed financial plan describing for the - first
35
five (5) years of the license, projected number of
36
subscribers, rates, all revenues, operating
37
expenses, capital expenditures, depreciation
38
schedules, income statements, and statement of
39
sources and uses of funds and schedule of all
40
capital additions.
41
(4) A detailed description of the proposed plan of
42
operation of the applicant, which shall include,
43
but not be limited to, the following:
44
(a) A detailed map indicating all areas proposed
45
to be served, a proposed time schedule for the
46
installation of all equipment necessary to
47
become operational throughout the entire area
9
an
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to be served, a description of the
construction of the proposed system including
an estimate of the above- and below- ground
mileage and the projected total cost for
construction of the system.
(b) For informational purposes, a statement or
schedule setting forth all proposed initial
classifications of rates and charges to be
made against subscribers and all rates and
charges for each classification, including
installation charges, services charges, or
other charges. The purchase price, terms, and
nature of any optional or required equipment,
device, or other thing to be offered for sale
to any subscriber shall be described and
explained in detail.
(c) A detailed statement describing the physical
facility proposed, including channel capacity,
technical design, the actual equipment, and
the operational and technical standards
proposed by the applicant.
22
(d) A description of the services to be provided
23
initially, including the broad categories of
24
programming and all broadcast and non -
25
broadcast signals to be carried and all non -
26
television services to be delivered over the
27
cable system, and if services will be offered
28
by tiers, identification of the signals and /or
29
services to be included on each tier.
30
(e) A description of how the proposed system will
31
reasonably meet the future cable- related_ needs
32
and interests of the community, including how
33
the proposed system will meet the -needs
34
described in any recent community needs
35
assessment conducted by or for the City.
36
(f) Any other information as requested in order
37
for the City to comply with State or federal
38
law.
39
(5) A copy of the form of any agreement, understanding,
40
or other instrument proposed to be entered into
41
between the applicant and any subscriber.
42
(6) A copy of any agreement covering the license area,
43
if existing, between the applicant and any public
44
utility providing for the use of any facilities of
O
[a
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the public utility, including but not limited to
poles, lines or conduits.
(7) Copies of all reports filed with the FCC within the
last twelve (12) months by the applicant or its
parent relating to CATV operations, including but
not limited to the last and most current FCC Form
325.
(8) Any other reasonable information which could
materially affect the granting of the license and
which is requested by the City.
11 Sec. 8 -6. Application fee.
12 a. Each application submitted for a license under the
13 _ provisions of this chapter shall be accompanied by the required
14 nonrefundable application fee to offset the reasonable cost of
15 processing and evaluating the application.
16 b. Application fees shall be the following amounts:
17 For an initial license . . . . . . . . . . . . . . $5,000.00
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
m
For renewal of a license . . . . . . . . . . . 2,500.00
For transfer of a license . . . . . . . . . . 2,500.00
For modification of a license . . . . . . . . . . 11000.00
For expansion of a license . . . . . . . . . . . . 1,000.00
C. Where the City's out -of- pocket costs in considering the
application exceed the amount of the application filing fee, such
costs shall be paid by the applicant. Within thirty (30) calendar
days of the date of the resolution approving the application, the
City Manager must notify the approved applicant of the amount of
any such processing fee and its method of calculation. If the
processing fee is not paid within sixty (60) calendar days of the
date of the Commission resolution approving the application, any
license approved by the resolution will be null and void. Payment
under protest of the processing fee shall be a prerequisite to
contesting the amount of the fee pursuant to Section 8 -:74 78.
Amounts paid under this subsection shall be amortized over the term
of the license; shall be applied as credit against the license fee;
and shall not exceed ,a total of one hundred thousand dollars
($100,000.00) in any five -year period. To the extent any such
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39
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41
42
43
44
45
/f S:
costs are applicable to more than one licensed operator, the cost
shall be allocated on a weighted pro rata share of all City
subscribers.
Sec. 8 -7. Notice and comment period for initial and expansion
licenses.
a. If the City Manager finds that an application is
incomplete, the application and the fee shall be returned to the
applicant with a letter describing any and all insufficiencies
found in the application. The applicant may then reapply for a
license upon correcting the deficiencies noted by the City Manager.
Upon receipt of a complete application, the City Manager shall
publish notice within a ninety -day (90) period requesting written
comments from the public or any interested person. The notice
shall name the applicant, describe the proposed priority service
area, name any existing licensee authorized to serve the area,
establish a closing date for receiving comments and provide the
address where the comments should be sent. All such written
comments shall be submitted at least thirty (30) days before the
public hearing required by Section 8 =8.
(2) The application otherwise meets the requirements of
this section.
Sec. 8 -8. Public hearing for initial and expansion licenses.
a. The City Manager shall prepare a report to the Commission
regarding the award of a license to the applicant, which report
shall consider and respond to any comments received and shall
contain the City Manager's recommendations concerning the
application. The City Manager shall schedule a public hearing
before the Commission to consider the application and the City
12
1 Manager's report. Notification of any CATV license hearing must be
2 published one (1) time each for two (2) consecutive weeks in a
3 paper of general circulation in the City. The notice shall name
4 the applicant, describe the proposed priority service area, and set
5 a time and date certain, at least fourteen (14) days from the date
6 of the first publication of the notice, for the public hearing.
7 The public hearing may be continued from time to time and from
8 place to place as determined to be necessary by the Commission.
9 The City shall make a final determination on the application within
10 six (6) months of the date a completed application was received
11 unless it is determined that the applicant has caused the delay.
12 b. The Commission shall consider all factors required by
13 State or federal law, including, among other factors the
14 applicant's character, technical, legal, and financial
15 qualifications to construct and operate the facilities proposed;
16 _ the nature of the proposed system; the economic impact on private
17 property within the proposed priority service area; the capability
18 of the public rights -of -way to accommodate the proposed system; the
19 present and future use of the rights -of -way to be used; the
2-b potential disruption to existing users of the right -of -way; whether
21 the proposal will meet reasonably anticipated community needs and
22 serve the public interest; and all other factors as the City may
23 determine to be relevant. The Commission shall approve, disapprove
24 or take any other action it finds to be in the public interest.
25 The Commission may, by resolution, assign a priority service area
26 to the licensee.
27 Sec,. 8 -9. Term of license.
28 No license, including a renewal license, shall be issued for
29 a term longer than ten (10) years. A licensee holding a current
30 license under any previous ordinance may file for a renewal of its
31 license pursuant to the terms of this chapter which shall require
32 adequate notice to the public and opportunity to comment and may
33 have its license renewed for additional periods of no longer than
34 ten (10) years duration.
35 Sec. 8 -10. Acceptance of license.
36 Within thirty (30) calendar days after the resolution or
37 ordinance awarding the license, the licensee shall file with the
38 City Manager its written acceptance of the license, together with
39 the insurance policies and bonding documents required by Sections
40 8 -22 through 8 -25, and its agreement to be bound by and to comply
41 with all requirements pursuant to the provisions of this chapter
42 and the license. All material statements and declarations
43 contained in the application shall be incorporated as conditions of
44 the license. Such acceptance and agreement shall be in form and
45 content satisfactory to and approved by the City Attorney.
13
1 Sec. 8 -11.
License is nonexclusive and restricted.
2 a. Any license granted under this chapter shall be
3 nonexclusive, and issuance will not expressly or implicitly
4 preclude the issuance of other licenses to operate cable systems
5 within the City or affect the City's right to authorize use of
6 public rights -of -way to other persons as it determines appropriate.
7 b. The licenses granted pursuant to this chapter shall
8 confer only such privileges or exemptions specifically provided in
9 this chapter or mandated by federal or State law.
10 C. Any privilege claimed under the license in any street or
11 other public property shall be subordinate to any prior lawful
12 occupancy of the streets of other public property.
13 - Sec. 8 -12. Changes to license terms and conditions.
14 Each application for modification of a license shall set
15 f ert h forty the following information. To be acceptable for
S6 filing, an original and two (2) copies of the application must be
17 submitted and be accompanied by the required application fee.
18 a. The specific modification requested;
19 b. The justification for the requested modification,
20 including the impact of the requested modification on
21 subscribers and others, and the impact on the applicant
22 if the modification is not approved;
23 C. A statement whether the modification is sought pursuant
24 to federal or State law, and, if so, a demonstration that
25 the requested modification meets the legal standards of
26 that law; and
27 d. Any other information necessary for the City to make a
28 determination.
29 No application fee shall be required where the modification is
30 requested by the City or where the modification is required to
31 bring the license into conformity with the law of a superior
32 sovereign.
33 Sec. 8 -13. Expansion of a priority service area.
34 Except for pass- through facilities to connect non - contiguous
35 portions of a licensee's priority service area, no facilities or
36 equipment may be installed outside of the licensee's priority
37 service area, and the licensee shall not offer or provide service
38 to persons outside of the priority service area. Licensees may
39 apply for an expansion of their priority service area by filing an
40 original and two (2) copies of an application accompanied by the
14
1 required application fee. Expansion of a priority service area
2 shall be within an applicant's existing license area.
3 a. The City Manager shall investigate all applications for
4 installation of CATV distribution systems to determine
5 whether the application meets the following standards:
6 (1) The requested installation is an orderly, logical
7 progressive expansion or extension of the
8 licensee's existing system;
9 (2) The requested installation is an expansion or
10 extension into areas contiguous to those areas
11 containing existing distribution system;
12 (3) The number of residential units passed by active
13 distribution cable with the immediate capability of
14 providing service when divided by the number of
15 residential units, as determined from the records
16 of the electric utility providing service in the
1-7 area within the licensee's previously approved
18 areas, yields a percentage in excess of eighty
19 (80) ;
20 (4) The requested installation is within the
21 applicant's license area;
22 (5) The licensee has adequate financial and managerial
23 resources to complete the requested installation in
24 a logical, orderly and prompt fashion;
25 (6) The licensee is in full compliance with all
26 provisions of this chapter and any approved rules
27 and regulations;
28 (7) The expansion will meet reasonably anticipated
29 community needs and serve the public interest-; and
30 all other factors as the City may determine to be
31 relevant.
32 b. Should the Manager determine that the requested
33 installation is within the licensed areas, the Manager
34 shall, within ten (10) days after receipt of the
35 application, provide notice of the application to the
36 CATV licensee or licensees operating within the City.
37 Such affected licensee may, within twenty (2 0) days after
38 the date shown on the face of the notice provide written
39 comments regarding the requested installation. The
40 Manager shall consider and respond to any such comments
41 received in a timely manner. Should the Manager
42 determine that the requested installation is outside the
43 license area, the application shall be returned for
15
IPJ
1 refiling in accordance with Sections 8 -5 through 8 -8 of
2 this chapter.
3 C. The Manager may approve installations which do not meet
4 the criteria specified in subparagraphs 13(a)(1) and (2)
5 above if there are insufficient residences, as defined in
6 Section 8 -28, in a contiguous area or if municipal
7 franchises require the noncontiguous expansion. The
8 Manager may approve installations which do not meet the
9 standards specified in subparagraph 13(a)(3) if causes
10 beyond the control of the licensee have prevented the
11 installations in previously approved areas from being
12 substantially constructed.
13 d. Applications for installation of CATV distribution
14 systems shall be approved or disapproved by the City
15 _ Manager, whether in whole or in part, in writing not
16 later than ninety (90) days after receipt of an
17 application. Applications for which decisions are not
18 rendered within ninety (90) days shall be considered
19 approved in their entirety. The City Manager shall
20 notify the licensee, the Public Works Department, the
21 utility companies, and each licensee in the affected area
22 of his decision.
23 Sec. 8 -14. Renewal.
24 The City shall grant or deny renewals pursuant to the
25 procedures mandated by any controlling federal or State law in
26 effect at the time of the renewal. If there is no such mandated
27 procedure pursuant to controlling federal or State law, the
28 licensee shall have a right to renew pursuant to procedures at
29 least as protective as those laws governing the matter immediately
30 prior to repeal of such renewal procedures and rights.
31
Sec. 8 -15.
Transfers.
32
a. No
transfer of a
license
shall occur without prior
33
approval of
the City, which
approval
shall not
be unreasonably
34
withheld.
35
b. Any transfer of a
license
shall be
subject to the
36
application
requirements of
Section 8- 5.b.(1),(2),(3),
and (8).
37
Final action
on the request
shall be
taken at a
public hearing
38
within a reasonable amount
of time
of receipt
of a completed
39
application.
.
40 C. Transfer of a license shall mean (1) assignment, sale or
41 transfer of more than thirty'(30) percent of the stock, partnership
42 shares or assets of the licensee to a person other than the
43 licensee; (2) assignment, sale or transfer of more than forth (40)
44 percent of the ownership of any parent corporation, parent entity
16
I or holding company that owns, or by ownership of other entities,
2 controls the licensee; or (3) the transfer of any interest that
3 results in the change of effective control of the licensee.
4 d. This section does not apply to any restructure,
5 recapitalization or refinancing which does not change the effective
6 control of the licensee; in such transfer, the licensee shall give
7 prior notice to the City Manager within thirty (30) days prior to
8 such transfer.
9 e. In making a determination on whether to grant an
10 application to transfer a license, the Commission will consider the
11 legal, financial, technical and character qualifications of the
12 transferee to operate the system.
13 f. Approval by the City of a transfer of a license does not
14 _ constitute a waiver or release of any of the rights of the City
15 under this chapter.
16 Sec. 8 -16. Authority of the City Manager.
17 The City Manager shall have the responsibility for overseeing
18 the day -to -day administration of this chapter and licenses granted
19 hereunder. The City Manager, or any member of the City Manager's
20 staff so designated by the City Manager, may administer oaths,
21 certify to official acts, issue subpoenas, and compel the
22 attendance of witnesses and the production of papers, account
23 books, contracts, documents and other records, data or information,
24 when necessary, convenient, or appropriate in the discharge of the
25 duties of his office. The City Manager shall be empowered to take
26 all administrative actions on behalf of the City, including
27 adopting forms for application and reporting and other
28 administrative procedures as are necessary, except for those
29 actions specified in this chapter which are reserved to the
30 Commission.
31 Sec. 8 -17. License fee and public property charge.
32 a. Each licensee shall pay to the City of South Miami a
33 quarterly license fee, at the time its quarterly report is due,
34 based upon the licensee's gross revenue during the preceding
35 quarter in the following amounts:
36 (1) Five (5)_ Three (3%) percent of gross revenues
37 derived from the priority service area in the City;
38 (2) Gae (1) ef the - percentage peints In -ea=e T.V.
39 lieense fees- eelleeted --may the Gity shall '-e
40 dedieated te- the -- supp9rt e f piab3 e, edu nal-
41 and geveeftat -preg- u se- dedieated
42 funds will be disbursed pursuant te the -
43 budgetary -- preeess, the — diseretiee— e€—the
17
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2 90 -73, two
3 from the pr:
4 paid to Dad
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b d. No acceptance of payment shall be construed as a release
or as an accord and satisfaction of any claim the City may have for
further operational sums payable under this chapter or for the
performance of any other obligation hereunder.
e. — zvvth1-$ g in this - - _ - - en ishall 11mit the 11eensee's liability ...o
pay - ether leea4- taxes, -fees, edges, ; er - assessments -fie the G ty
and ether taxing- and gevernmental autherities.
d. All ameunts whieh are met peld ...1--due and payable heretmder
shall -bear interest; at; the legal rate, as defined in Florid
Statutes, mot_' paid.
Seca 8 -18. Selling of signal.
Should any licensee sell signal to a legally affiliated
satellite master antenna television system ( SMATV system) located
within its priority service area, the gross revenue of the SMATV
system shall be imputed to the gross revenue of the licensee for
purposes of the fees calculated on the basis of gross revenue set
forth herein; and the licensee shall owe the City said fees based
upon the gross revenue of both the cable system and the SMATV
system.
Seca 8 -19. Rights reserved to the City.
a. The right is hereby reserved to the Commission to adopt,
in addition to the provisions contained herein and in existing
applicable agreements, such additional rules and regulations as it
shall find necessary in the exercise of the police power, for the
proper administration and enforcement of the provisions of this
chapter; provided that such regulations shall be reasonable and
shall conform with the terms* and conditions of the licenses and the
rights herein granted and shall not be in conflict with federal or
insure fair and equitable treatment for all persons
18
1 affected by cable service. No such rules and regulations shall
2 become effective until a public hearing has been held upon the
3 proposed rules and regulations, and any amendments or modifications
4 thereto, and the same have been filed with the City Clerk.
5 b. The City shall have the right to install, maintain, and
6 operate antennae, amplifiers, co -axial cable, wire, fiber optic
7 cable fixtures and appurtenances necessary for a City communica-
8 tions system upon or within the communications facilities of the
9 licensee on the condition that such installations do not interfere
10 with the property or operations of the licensee and at no cost to
11 the City except to reimburse the licensee for any additional costs
12 incurred as a result of any such construction by the City.
13 Sec. 8 -20. Liability, indemnification; liability in case of
14 emergency.
15 If, at any time in case of fire, police action, disaster, or
16 other emergency, it shall appear necessary in the reasonable
17 judgment of the City to cut, move or otherwise interfere with any
A of the wires, cables, amplifiers, appliances or appurtenances
19 thereto of the licensee the City shall not be liable for any injury
20 or damage to such property and equipment of the licensee as a
21 result of such cutting, moving or interference.
22 Sec. 8 -21. Indemnification.
23 The licensee shall indemnify, defend and hold the City, its
24 officers, agents and employees harmless from any liability, claims,
25 damages, judgments, costs or expenses, including reasonable
26 attorney's fees caused by any conduct undertaken by the licensee,
27 its officers, agents or employees, pursuant to or by reason of the
28 license or caused by any policy or practice by the City of South
29 Miami on behalf of the licensee arising pursuant to Sections 8 -30;
30 8 --67 66; and 8 -b-9 68. The licensee shall at its sole cost and
31 expense, upon demand of the City, appear in and defend any and all
32 suits, actions or other legal proceedings, whether judicial, quasi -
33 judicial, administrative, legislative or otherwise, brought or
34 instituted or had by third persons or duly constituted authorities,
35 against or affecting the City, its officers, agents or employees,
36 and arising out of or pertaining to any conduct, policy, or
37 practice which is within the scope of this indemnity.
38 Sec. 8 -22. Insurance; policy limits.
39 a. Within thirty (30) days after the effective date of the
40 license, and prior to any operations under the license,
41 the licensee shall provide proof of the required
42 insurance. The licensee shall maintain said insurance
43 throughout the term of the license and said insurance
44 shall include, at a minimum, the following types, of
45 insurance coverage in amounts not less than shown:
19
1 (1) Worker's compensation: Coverage to apply for all
2 employees for statutory limits in compliance with
3 the applicable State and federal laws. The policy
4 must include employers' liability with a limit of
5 five hundred thousand dollars ($500,000.00) each
6 accident.
7 (2) Comprehensive general liability: Shall have
8 minimum limits of one million dollars
9 ($1,000,000.00) -per occurrence combined single
10 limit for bodily injury liability and property
11 damage liability. This shall include premises
12 and /or operations, independent contractors, and
13 subcontractors and /or completed operations, broad
14 form property damage, XCU coverage, and a
15 contractual liability endorsement.
16 (3) Business auto policy: Shall have minimum limits of
17 one million dollars ($1,000,000.00) per occurrence
18 combined single limit for bodily injury liability
1°9 and property damage liability. This shall include
20 owned vehicles, hired and non -owned vehicles.
21 b. The insurance coverage obtained by the licensee in
22 compliance with this section shall be approved by the Risk Manager
23 and the City Attorney, and such insurance policies, along with
24 written evidence of payment of required premiums, shall be filed
25 and maintained with the City Manager or his designee during the
26 term of the license.
27 C. Upon thirty (30) days notice, the insurance coverage and
28 policy requirements may be changed and increased from time to time
29 at the discretion of the Commission to reflect changing liability
30 exposure and limits.
31 d. Nothing herein is intended as a limitation to the extent
32 of any legal liability of the licensee.
33 Sec. 8 -23. Insurance policy provisions.
34 a. Resident company and agent: All insurance policies,
35 letters of credit and bonds as are required of a licensee in this
36 chapter shall be written by a company or companies authorized and
37 qualified to do business in the State of Florida, and have a
38 minimum rating of "ANwAg%" in Best's Rating Guide.
39 b. Certificates and renewals: Certificates and renewals of
40 all coverage required shall be promptly filed by the licensee with
41 the City Manager or his designee. Each policy shall require notice
42 and the licensee shall notify the City within thirty (30) days of
43 any cancellation or modification of any insurance coverage required
44 by this chapter, which notice shall be sent by registered mail to
20
U
I the City Manager or his designee. Renewal certificates shall be
2 filed with the City no less than thirty (30) days prior to the
3 policy expiration date.
4 C. Additional insured: The City shall be included as an
5 additional insured on the comprehensive general liability.
6 d. Premium payment: Companies issuing the insurance
7 policies shall have no recourse against the City for payment of any
8 premiums or assessments, and same shall be the sole responsibility
9 of the licensee.
10 e. Neither the provisions of this section, nor the
11 acceptance of any bonds by the City pursuant to this chapter, nor
12 any damages received by the City thereunder, shall be construed to
13 excuse performance by a licensee or limit the liability of a
14 _ licensee for damages to the full amount of the bonds or otherwise.
15 Sec. 8 -24. Bonding requirements; construction bond.
16 a. The licensee shall, as required by the City Manager and
17 within thirty (30) days after the effective date of an initial
18 license granted under this chapter, post with the City either a
19 construction bond or an irrevocable letter of credit issued by a
20 Florida bank or a federally insured lending institution in an
21 amount equal to fifty (50) percent of the projected cost of
22 required construction and installation of the system. Existing
23 licensees shall post such bond or irrevocable letter of credit with
24 the City and as required by the City Manager at the same time as
25 and in conjunction with submission of a construction plan or
26 reconstruction plan for required construction, and in any event at
27 least thirty (30) days prior to the start of the required
28 construction or reconstruction. The bond or letter of credit will
29 be returned at the end of six (6) years to the licensee or at such
30 prior time as the system has been completed and approved by the
31 City, provided:
32
(1)
The licensee has met or exceeded the construction
33
schedule required by Section 8 -28, if applicable;
34
and
35
(2)
The licensee has in good faith complied with all
36
terms and conditions of the license and all
37
provisions of this chapter as well as the rules and
38
regulations herein required and permitted.
39
b. If
the licensee submits a cable system construction or
40
reconstruction map and schedule which provides for required
41
construction
of the system in progressive stages to provide service
42
to specified
and definitive sections of the license area, the
43
licensee may
submit a construction bond or irrevocable letter of
44
credit equal
only to fifty (50) percent of the projected cost of
21
l
1 construction and installation
of
each specified and definitive
2 section of the system in
lieu
of
the bond or letter of credit
3 required by this section;
provided,
however that the licensee must
4 complete construction of
the
specified section to which the
5 construction bond applies
prior
to
the initiation of construction
6 of a subsequent section.
7 C. If the licensee fails to perform its construction
8 obligations, the licensee shall forfeit that portion of the
9 construction bond needed to complete the remaining required
10 construction.
11 d. The construction bond will not be in lieu of any other
12 guarantee or indemnification required by this chapter and shall be
13 in addition to the performance bond or irrevocable letter of credit
14 required in Section 8 -25.
15 e. This section shall not apply to any construction which
16 results in less than five (5) miles of cable plant for any given
17 project.
18 Sec. 8 -25. Permanent performance and payment bond.
19 The licensee shall within thirty (30) days of the effective
20 date of an initial license granted under this chapter or within
21 thirty (30) days of the granting of a renewal or the transfer of a
22 license existing prior to this chapter, furnish to the City a
23 performance bond or an irrevocable letter of credit issued by a
24 Florida bank or a federally insured lending institution in the
25 amount of twenty -five thousand dollars ,
26 ($25,000.00). The performance bond or letter of credit shall be
27 used to guarantee the compliance with performance requirements and
28 payment of all sums which may become due to the City under this
29 chapter. The performance bond or letter of credit shall be
30 maintained in the full amount specified herein throughout the term
31 of the license and for one(1) year after the license expires or is
32 terminated, without reduction or allowances for any amounts which
33 are withdrawn or paid pursuant to this chapter.
34 Sec. 8 -26. FCC petition and license.
35 The licensee shall, except for existing licenses, within sixty
36 (60) days after the issuance of a license under this chapter, apply
37 to the FCC for all certifications, registrations or licenses as may
38 be required for the operation of the cable system. Failure of the
39 licensee to obtain the necessary permits and licenses within one
40 (1) year of the issuance of a license under this chapter shall
41 cause the license to become null and void, unless the licensee
42 petitions the Commission for an extension of time upon good cause
43 shown.
22
1 Sec. 8 -27. Compliance with applicable laws and ordinances.
2 a. The licensee shall at all times during the life of this
3 chapter be subject to all lawful exercise of the police power by
4 the City and to such reasonable regulation by the City as the City
5 shall hereafter provide. The licensee shall comply with all laws,
6 statutes, codes, ordinances, rules, or regulations applicable to
7 its business. Specific and exact compliance to all zoning and
8 building regulations shall be adhered to by the licensee.
9 b. Except as may be specifically provided for in this
10 chapter, the failure of the City or a licensee, upon more than one
11 (1) occasion, to exercise a right or to require compliance or
12 performance under this chapter shall not be deemed to constitute a
13 waiver of such right or a waiver of compliance or performance in
14 the future.
15 Sec. 8 -28. Cable system construction; construction and time
16 limitations.
117 Within one (1) year from the date of issuance of an initial
18 license or the extension of a priority service area, the licensee
19 shall complete construction of thirty (30) percent of the proposed
20 CATV system within the priority service area described in the
21 license. Thereafter, each year, it shall extend energized cable to
22 twenty (20) percent of the homes within the priority service area
23 described in the license until the system is substantially
24 constructed. The system shall not be substantially completed until
25 the licensee has extended cable television service to all parts of
26 its service area that have a minimum density of thirty (30)
27 dwellings per strand mile of cable'. The licensee need not, but may
28 at its option, extend service to areas that have fewer than thirty
29 (30) dwellings per strand mile of cable. All construction pursuant
30 to this section shall be done in 'a logical, orderly, progressive
31 and contiguous manner.
32
Sec. 8 -29. Rights to use easements and streets not warranted.
33
It is understood that there may from time
to time be within
34
the City various easements and streets which the
City does not have
35
the unqualified right to authorize licensee to
use; therefore, in
36
granting a license, the City does not warrant
or represent as to
37
any particular easement, street, or portion of a
street that it has
38
the right to authorize licensee to install or maintain portions of
39
its system therein, and in each case the burden
and responsibility
40
for making such determination in advance of the
installation shall
41
be upon the licensee.
42
Sec. 8 -30. Unlawful to interfere with licensee's access to
43
easements.
23
ff, 04
1
a. Conduct prohibited.
2
(1)
No property owner shall deny any owner, occupant,
3
tenant, or lessee their right to have cable T.V.
4
service provided by a licensee.
5
(2)
No property owner shall forbid, prevent, or
6
interfere with the licensee when the licensee is
7
attempting to enter onto property at reasonable
8
times and in reasonable circumstances for the
9
purpose of the construction, installation,
10
maintenance, or operation of a cable television
11
system or facilities on easements dedicated for
12
compatible use.
13
(3)
Except as provided for in subsection (b) of this
14 _
provision, no property owner shall demand or accept
15
payment in any form as a condition of permitting
16
access to any easements dedicated for compatible
17
use or as a condition of allowing the licensee to
18
construct, install, maintain, or operate its cable
19
T.V. system on an easement dedicated for compatible
20
use.
21
(4)
No property owner shall discriminate in rental
22
charges or otherwise discriminate against any
23
owner, occupant, tenant, or lessee on account of
24
the purchase of .cable services from a licensee by
25
that owner, eeeupant, tenant, ; ei lessee en amt
26
the hase tees rem., lieens
of --gu of eab!= rc-- -
27
by that e%rner, eeeupant occupancy, tenant, or
28
lessee.
29
b. In
installing, maintaining, operating, or removing its
30
facilities in, upon, on or from any easements dedicated for
31
compatible uses,
the licensee shall ensure:
32
(1)
That the safety, functioning, and appearance of the
33
premises and the convenience and safety of other
34
persons not be adversely affected by the
35
installation, construction, or removal of
36
facilities necessary for a cable system;
37
(2)
That the cost of the installation, construction,
38
operation, or removal of such facilities be borne
39
by the licensee or subscriber, or a combination of
40
both; and
41
42
43
44
(3) That the owner be justly compensated by the
licensee for any damages caused by the
installation, construction, operation, or removal
of such facilities by the licensee.
24
1 c. Nothing herein shall be construed to prohibit or prevent
2 any property owner from constructing, installing, or continuing to
3 maintain and operate an independent television receiving system
4 subject to the other provisions of this chapter; provided, however,
5 that the construction, installation, maintenance,:and operation of
6 such receiving system shall not prevent the licensee from
7 constructing, installing, maintaining, and operating its cable
8 service through its cable system.
9 d. This chapter is not intended to, and nothing herein shall
10 be construed to, preclude appropriate payments, arrangements, or.
11 agreements for the use by cable operators of other utilities,
12 facilities and equipment, including pole attachment agreements.
13
e. Any
person who willfully
violates
this section shall be
14
subject to a
five hundred dollar
($500.00)
fine and thirty (30)
15 _
days in jail
for each violation..
16
f. The
licensee shall have
a private
right
of action for
17
damages and
injunctive relief
in any
court
of competent
11
jurisdiction
to enforce its rights
pursuant
to this
section.
19
Sec. 8 -31.
Other agreements, permit and
easement
requirements.
20 The City shall not be required to assume any responsibility
21 for the securing of any rights -of -way, easements, or other rights
22 which may be required by the licensee for the installation of a
23 CATV system, nor shall the City be responsible for ;securing any
24 permits or agreements with other persons or utilities.
25 Sec. 8 -32. No property rights conveyed.
26 Nothing in this chapter or in the license shall grant to the
27 license holder any right of property in City -owned property or
28 public rights -of -way, nor shall the City be compelled to maintain
29 any of its property or public rights -of -way any longer than, or in
30 any other fashion than in the City °.s judgement, its own.business or
31 needs may require. In addition, the license holder shall not be
32 entitled to any compensation for damages from the City as a result
33 of having to remove or relocate its property, lines and cables from
34 such public property or public rights -of -way in the event the City
35 determines that a necessity exists for such removal or relocation.
36 Sec. 8 -33. Construction map and schedule.
37 The licensee shall submit a plan and schedule for all major
38 construction or reconstruction projects. In the case of all
39 required construction or reconstruction, the plan and schedule
40 shall be incorporated by reference and made a part of the license.
41 In the case of all voluntary construction or reconstruction, the
42 plan and schedule shall be submitted for informational purposes.
43 The plan shall make refer }ee --te -- the 11eensaes -s include cable
25
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1 system design details, equipment specifications, and design
2 performance criteria- (eeneetively re4e
3 p epsaLary- data -) which -Shall be maintained by
4 aw e s s -e f f-iee— The -G i-t-y shall have the right t inspeet but net
5 eepy- lieenseel- .eta y °'a t_. The plan shall also include a
6 map of the entire license area and shall clearly delineate the
7 areas within the license area where the cable system will be
8 initially available to subscribers including a schedule of
9 construction for each year that construction or reconstruction is
10 proposed. Construction or reconstruction plans and maps shall be
11 submitted to the City at least sixty (60) days prior to the start
12 of construction or reconstruction.
13 Sec. 8 -34. Prior approval by City.
14 The licensee must comply at all times with all policies,
15 _ procedures and directives of the City Manager. Except for
16 individual service drops, the licensee shall not erect any pole,
17 run any line, nor shall any construction on public property and
18 related to the delivery of cable services be commenced without the
1-9 prior approval of the City Manager. Prior to the issuance of such
20 approval, the licensee shall submit to the City Manager:
21
a. Strand maps of the system authorized by the
proposed
22
license showing
routing,
23
utility company poles to which the
system facilities are
24
to be attached; and
25
b. Copies of all pole attachment
agreements made by the
26
licensee with Southern Bell and
Florida Power
and Light
27
Company and any other utility
or company to
which an
28
attachment is to be made.
29 Sec. 8 -35. City's right to inspect.
30 The City shall have and maintain the right to inspect the
31 installation, construction, operation and maintenance of the system
32 by the licensee to insure the proper performance of the terms of
33 this chapter.
34 Sec. 8 -36. Joint or common use of poles.
35 The licensee shall enter into agreements for the joint or
36 common use of poles or other wire - holding structures where poles or
37 other wire- holding structures already exist for the use in serving
38 the City or serving the public convenience. No location of any
39 pole or wire - holding structure of the ileense _licensee shall be a
40 vested property interest, and such pole or structure shall be
41 removed or modified by the licensee at its own expense whenever the
42 City determines it to be necessary in conjunction with a City
43 project.
26
/?
1 Sec. 8 -37. Location /relocation of facilities.
2 a. The licensee's system may be installed aboveground in
3 areas where existing power or telephone facilities are aboveground,
4 and shall be installed underground in areas where existing power
5 and telephone facilities are installed underground. If both power
6 and telephone facilities are installed aboveground, the licensee
7 shall install its facilities underground at the request of a
8 resident or property owner when the resident or property owner
9 agrees to pay the additional cost of such installation.
10 b. Licensee shall not place any fixtures or equipment where
11 the same will !-a interfere with any existing gas, electric, CATV,
12 telephone, sewer, drainage or water lines, fixtures or equipment.
13 The licensee shall locate its lines and equipment in such a manner
14 as not to interfere unnecessarily with the usual travel on streets;
15 _ with the installation or operation of gas, electric, CAM
16 telephone, water, drainage, or sewer lines equipment; or with the
17 rights or reasonable convenience of owners of property which abuts
18 any street.
19 C. Licensees shall relocate any aboveground portion of their
20 systems underground in any easement or right -of -way area where
21 existing power and telephone facilities are hereafter so relocated.
22 Any such relocation shall be at the licensee's expense, and such
23 relocation shall be accomplished concurrently with relocation of
24 any such power and telephone facilities.
25 d. The licensee shall have the authority to trim trees upon.
26 or overhanging streets, alleys, sidewalks and public ways and
27 places of the City so as to prevent the branches of such trees from
28 coming in contact with the wires and cables of the licensee, in a
29 manner approved by and acceptable to the City. At the option of
30 the City, such trimming may be done by it or under its supervision
31 and direction at the expense of the licensee, if prior notification
32 has been given to the licensee and licensee thereafter failed to
33 respond.
34 e. Licensees shall promptly and at the licensee's own
35 expense, protect, support, temporarily disconnect, remove, modify
36 or relocate any part of their systems when required by the City by
37 reason of traffic conditions, public safety, road construction
38 change of street grade, installation of sewers, drains, water
39 pipes, power lines, signal devices, tracks, any other type of City
40 improvement project or to accommodate the abandonment of any
41 street.
42 f. Each licensee shall, on the request of any person holding
43 a building moving permit issued by the City, temporarily raise or
44 lower its wires to permit the moving of buildings. The expense of
45 such temporary removal or raising or lowering of wires shall be
46 paid by the person requesting same, and the licensee shall have the
27
�.1
1 authority to require such payment in advance. Licensee shall be
2 given not less than forty -eight (48) sd- hours advance notice
3 to arrange for such temporary wire changes.
4 g. With regard to underground construction, all drop cables
5 shall be buried at a sufficient depth so that no portion of the
6 drop is exposed or visible to view.
7 Sec. 8 -38. Work in the right -of -way.
8 a. A licensee must obtain any required permits before
9 causing any damage or disturbance to public rights -of -way,
10 easements or thoroughfares as a result of its construction or
11 operations and must restore to their former condition such property
12 in a manner approved by the City. If such restoration is not
13 satisfactorily performed within a reasonable time, the, City, after
14 _ prior notice to the licensee, may cause the repairs to be made at
15 the expense of the licensee. All additional or reoccurring repairs
16 required as a result of the licensee's work may also be made at the
17 expense of the licensee.
18 b. Licensees granted permission to install and operate cable
19 television systems in the City shall provide at least seven (7)
20 dam' dlys prior notice to the residents of an area, by mail or
21 through the placement of notices on the front doorknobs of the
22 residents in the area, with such notices providing the licensee's
23 name and telephone number, that licensee's construction crews will
24 be installing cable in the areas.
25 C. All vehicles utilized by licensees in the construction of
26 the licensee's system shall be clearly marked, providing the
27 licensee's name and telephone number, and, if applicable, the CCQ#
28 as required by Section 10 -4 of the Dade County Code. All personnel
29 employed by licensees in the construction of the licensee's system
30 shall possess identification providing the employee's name and the
31 licensee's name and telephone number.
32 d. The licensee shall feint 1&J:.n and maintain a continuous
33 membership in U.N.C.L.E. and use its services prior to
34 construction. Only certified contractors may be utilized for the
35 construction.
36 e. All new pedestals, amplifiers and power supplies
37 installed or worked on by the licensee shall be marked with the
38 name of the licensee. The licensee will make all reasonable
39 efforts to ensure that all existing pedestals, amplifiers and power
40 supplies shall be marked during the normal course of business.
41 Sec. 8 -39. Safety.
42 a. Licensee's work performance, equipment and job sites
43 shall be in compliance with all applicable City, Dade County, State
28
A/
I and federal requirements and shall conform to the provisions of the
2 public works manual. A licensee's work, while in progress, shall
3 be properly protected at all times with suitable barricades, flags,
4 lights, flares, or other devices as are required by the Manual on
5 Uniform Traffic Control Devices (FDOT) or any requirements of the
6 Public Works Department to protect all members of the public having
7 occasion to use the portion of the streets involved or adjacent
8 property.
9 b. Licensee shall at all times employ due care and shall
10 install, maintain and use commonly accepted methods and devices for
11 preventing failures and accidents which are likely to cause damage,
12 injuries or nuisances to the public. All structures and all lines,
13 equipment and connections in, over, under and upon the streets of
14 the City wherever situated or located shall at all times be kept
15 and maintained in a safe, suitable, substantial condition, and in
16 good order and repair.
17 Sec. 8 -40. General standards; signal standards.
1-8 a. The systems shall pass standard color television and FM
19 signals without abnormal degradation. The system must be capable
20 of delivering all National Television Systems Committee (NTSC)
21 color and monochrome standard signals and designed to provide
22 picture quality of TASO grade 2 or better and superior reliability.
23 b. All new construction, rebuilds and upgrades shall be
24 designed and spaced to have a capacity no less than four hundred
25 fifty (450) megahertz.
26 C. All television signals transmitted on a cable system must
27 include any closed circuit captioning information for the hearing
28 impaired that is available to the licensee.
29 Sec. 8 -41. Technical standards.
30 a. CATV systems shall be installed and maintained in
31 accordance with FCC technical specifications, all State and local
32 regulations, regulations and industry standards as reflected in the
33 Recommended Practices For Measurements On Cablevision Systems,
34 published by the National Cable Television Association.
35 b. Any antenna structure used in the cable system shall
36 comply with all construction, marking and lighting requirements of
37 federal, State or local laws and accepted industry standards.
38 C. All construction, installation, , and mainten-
39 ance shall comply with the great verrens of the National
40 Electrical Safety Code, the National Electrical Code, and the Bell
41 System Code of Pole Line Construction.
29
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1 d. Systems shall be maintained in such a manner as to
2 prevent signal leakage from the facilities in excess of the limits
3 specified in applicable rules and regulations of the FCC. The
4 licensee may disconnect any person who, in the licensees judgment,
5 is contributing to a signal leakage problem.
6 e. Underground construction in streets shall be of such
7 quality as to assure continuity of service without the necessity of
8 frequent street or pavement cutting and shall contain a self -
9 sealing device to insure all such cables against leakage.
10 f. All cables and wires shall be installed, where possible,
11 parallel with electric and telephone lines.
12 g. If the federal law preempting leeel City regulation of
13 technical standards is repealed, any technical standards imposed by
14 _ the City shall be no stricter than the repealed federal standards
15 or generally accepted standards in the cable television industry,
16 whichever are greater.
17 Sec. 8-42. Inspection and performance tests.
18 a. The City shall have the right to make such inspections as
19 it shall find necessary to insure compliance with terms of this
20 license and other pertinent provisions of law. The City shall
21 have the right to require the licensee to provide and keep accurate
22 calibrated test equipment immediately available for use in the City
23 for the testing of all service and operational standards in this
24 chapter and the licensee shall conduct such tests as requested by
25 the City in order to establish the level of performance of the
26 system.
27 b. The licensee shall advise the City when a proof of per -
28 formance test is scheduled so that the City may have an observer
29 present. The licensee shall maintain test points as required by
30 federal law and shall allow the City to have access to those test
31 points upon reasonable notice and at intervals not more frequently
32 than required by federal law, except for good and substantial cause
33 shown.
34 Sec. 8 -43. Service requirements; equipment for the hearing
35 impaired.
36 A licensee shall make available to its subscribers equipment
37 capable of decoding closed circuit captioning information for the
38 hearing impaired. An additional reasonable charge for any such
39 equipment may be imposed.
30
1-2,/
1 Sec. 8 -44. Standby power.
2 The licensee shall maintain equipment capable of providing
3 standby power for headend, transmission and trunk amplifiers for a
4 minimum of one (1) hour.
5 Sec. 8 -45. Notice of change in services.
6
The licensee shall, to the extent possible, send written
7
notice to
the City Manager and to all subscribers at least thirty
8
(30) days
prior to rearranging, replacing, removing or retiering .
9
services.
To the extent prior notice is not possible, the licensee
10
will provide notice of such a change within a reasonable amount of
11
time.
12
Sec. 8 -46.
Lock -out devices.
13
The
licensee shall make available, to any residential
14
subscriber
so requesting, a "parental guidance" or "lock -out"
15
device which shall permit the subscriber, at his or her option, to
T6
eliminate
the audio and visual aspects from any channel reception.
17
An additional reasonable charge for any such device may be imposed.
18
Sec. 8 -47.
A/B switch.,
19
The
licensee shall make available, to any residential
20
subscriber
so requesting, an input selector or A/B switch
21
permitting
conversion from cable to antenna reception. An
22
additional
reasonable charge for any such device may be imposed.
23
Sec. 8 -48.
Leased access channels.
24 A licensee must provide commercial or leased access channels
25 to the extent required by State or federal laws.
26 Sec. 8 -49. Emergency override facilities.
27 Licensee shall install and maintain an audio override capacity
28 capable of remote operation on all channels for transmission of
29 emergency messages and alerts. In the case of any emergency or
30 disaster, as determined by the City, licensees shall, upon request
31 of the City, make the override capacity available to the City
32 without charge for use during emergency or disaster periods.
33 Licensee shall install maintain an emergency text er e=eseQ-
34 eaptiened everwide— eapability when available at a eest net to
35
36 eatisting audie — ever -i de -
37 Sec. 8 -50. Service to public buildings.
38 Within a reasonable amount of time, but at least within ninety
39 (90) days following the request, a licensee shall be required to
31
/Z
1 provide basic service, with converter or other necessary equipment,
2 without installation or monthly charge to buildings within the
3 City; provided that such buildings are passed by and within five
4 hundred (500) feet of the licensee's existing distribution system
5 and owned by the City or occupied by a governmental entity for
6 predominantly educational or governmental use, including public
7 schools and other local tax - supported elementary, secondary and
8 college level institutions. The licensee may charge for service to
9 that portion of the building used primarily for residential
0 purposes. Such basic service -shall be provided by means of a
1 single drop extending to the facility. Such single drop may be
2 internally extended by the governmental entity without cost to,
3 responsibility of the licensee, subject to the condition that all
4 such internal distribution shall meet all FCC requirements relative
5 to signal leakage. A the reefaest -ef the -city, the 1eenseshall
6
7 - eharge _ _'_ f its time and material $rite far such i rstallatiens . At
8 the request of the City, the licensee shall extend its distribution
9 System to serve -suer buildings leeated mere than r:_ hundred (509
0 feet: frees- the — 11eensee' s- --eatisting distributien system. I _.h
1 wee, the gevernment entity ewn-ing er eeeugy---g --fie
2 building shall re- imburse the 11eensee —fer the or install the
material costs
hundred (509) -feet adjaeeat to the wild'_ _g for such installations.
The City, shall not require permit fees for such installations. T6e
used in this -seet e , the term "bas=e ms , , Inelude --as'
kneels e3Eeep t ehannele s e l den --a per e! er pay per
view ba
32 Sec. 8 -51. City communications facilities.
33 With regard to underground construction, the licensee shall
34 provide and install, in a common trench with its facilities, City
35 services conduit as specified by the City. Prior to installation
36 of any fiber optic cable, the licensee shall notify the City of its
37 intention and, at the City's request, the licensee shall provide
38 and install such additional fiber optic strands or cable as the
39 City specifies for its use. The additional cost to the licensee
40 will be borne by the City. The licensee will not be required to
41 maintain the City equipment and facilities.
42 Sec. 8 -52. Public, educational and government access channels.
43 a. The licensee shall provide and maintain at least one (1)
44 specially designated and noncommercial public access channel
45 available on a first -come, nondiscriminatory basis.
46 b. The licensee shall provide and maintain, without charge,
47 at least four.(4) specially designated educational access channels
32
1 for use and programming by local tax- supported educational
2 authorities in the elementary, secondary and college level fields,
3 as well as instructional television for adults. Two (2) such
4 channels shall be made immediately available from the licensee.
5 The other channels shall be made available upon a determination by
6 the City Manager that the need for additional educational channels
7 exists. The licensee shall provide such required channels within
8 ninety (90) days of notification of the City Manager's
9 determination.
10 C. The licensee shall provide and maintain, without charge,
11 at least one (1) specially designated government access channel for
12 City government use and programming.
13 d. At those time segments during which no signals are
14 transmitted over public, educational or government access channels,
15 _ the licensee may utilize such channels for any purpose consistent
16 with the provisions of this chapter.
17
if, during
e. The
licensee shall endeavor to provide
that the signal of
1`8
each
channel
required in this section be received
at a designated
19
place
on the
subscriber's channel selector as
prescribed by the
20
City
Manager,
which shall be uniform for every
CATV system in the
21
City
insofar
as technology permits.
22 E.
if, during
— the
cable system with any or
the
*_y
Ufa n
23 deteLnmiaes
,
that
— eeurse
—e# --11 eens
es—t ie—Ei
age r
24
burden or excessive cost.
addit
-ienal
aeoess ehaen•e1-
espae -itys needed,e
25
in
this -
, be
previded
26 denied
— based
seeties
—
and
faeters
-sueh- Femmes- shall
--(1-
et unreasenably
27 eery-
upen
need; (
-sueh
3 )
as )ems—
f
eapaeity;
(2)
2 8 eemparable
number
}es
e aeees s
zeasibility;
ewe -is-- available
—i
29
-4)
teehnelegieai
(5 -)
the then
30 Sec. 8 -53. Interconnection of cable systems.
31
a. A licensee shall
32
cable system with any or
33
adjacent areas in the City,
34
Interconnection of cable
35
connection, microwave link,
36
The City shall not
37
circumstances where it can
38
burden or excessive cost.
interconnect the access channels of the
all other cable systems in contiguous
upon the directive of the City Manager.
systems may be done by direct cable
satellite, or other appropriate method.
direct interconnection except under
De reasonably accomplished without undue
39 b. Upon receiving the directive of the City Manager to
40 interconnect, a licensee shall immediately initiate negotiations
41 with the other affected cable system or systems in order that all
42 costs may be shared equally among cable systems for both construc-
43 tion and operation of the interconnection link.
33
121-
C. A licensee may be granted reasonable extensions of time
to interconnect or the City may rescind its order to interconnect
upon petition by the licensee to the City. The City shall grant
said request if it finds that a licensee has negotiated in good
faith and has failed to obtain an agreement from the cable system
or systems of the proposed interconnection or that the cost of the
interconnection would cause an unreasonable or unacceptable
increase in subscriber rates.
9 d. A licensee shall cooperate
10 corporation, regional interconnection
11 State or federal regulatory agency
12 established for. the purpose of regula
13 providing for the interconnection of
14 boundaries of the City.
with any interconnection
authority or other County,
which may hereafter be
ting, financing, otherwise
cable systems beyond the
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-
1*9 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 Ei-ty County office. If the licensee shall fail to obtain books or
33 records not kept in the local County office, and if the City $hall
34 determine that an examination of such records is necessary or
35 appropriate to the performance of any of the City's duties, then
36 all travel and maintenance expenses necessarily incurred in making
37 such examination shall be paid by the licensee. The City shall
38 have the right to inspect and audit such records as it deems
39 appropriate for the proper administration of this chapter. The
40 City may photocopy records only to the extent that it can protect
41 proprietary information from disclosure under the public records
42 law.
43 Sec. 8 -55. Quarterly reports.
44 a. The licensee shall submit reports to the City quarterly
45 on forms provided by the City. The quarterly reports shall be
46 submitted according to the following schedule: January -March
34
I reports due April 25; April -June reports due July 25; July -
2 September reports due October 25; and October - December reports due
3 January 25 of each year.
4 b. The report shall include, but not be limited to:
5
(1) Number of homes passed and number of cable
6
d-istribue -rem miles;
7
(2) Telephone reports indicating the number of calls
8
received; number of calls abandoned; number of
9
calls receiving a busy signal; where technologi-
10
cally possible, average duration of each call
11
handled by a customer service representative;
12
average length of time each caller waits before
13
speaking directly to a customer service represen-
14 _
tative; and number of customer service
15
representatives staffed to handle telephone calls.
16
(3) The number of total standard installations
17
performed; the number of standard installations
18
performed within seven (7) days; number of service
19
interruptions reported; number of service inter -
20
ruptions responded to within twenty -four (24)
21
hours; number of other service problems reported;
22
number of other service problems responded to
23
within thirty -six (36) hours; and all other
24
information necessary to monitor the licensee's
25
compliance with the consumer standards of this
26
chapter.
27
(4) Revenue information including but not limited to:
28
Number of subscribers for each type of cable
29
service offered, and the gross revenues from all
30
sources attributable to the operations of the
31
licensee in the City of South Miami stating
32
separately by category each source of revenue and
33
the income attributable thereto. The revenue
34
35
36 Sec. 8 -56. Annual reports.
37 a. In addition to the above, the licensee shall file the
38 following information with the quarterly report due January 25 of
39 each year.
40 (1) A summary of the previous year's activities in the
41 development -of the system, including but not
42 limited to, services begun or dropped, the previous
43 year's construction activities, and a summary of
44 any policy changes taking effect during the year.
35.
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.
r-8
(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 Gity —e€
36
SOUth Miami Cow, and a certified special 'report
37
of 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
36
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 Girt-t-y Cow office.
15 Sec. 8 -58. Additional reports.
16 a. A licensee shall notify the City upon any purchase of a
177 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 Gi4y
33 Co= that is adequately staffed and open to the public during all
34 normal business hours. The office shall be opened when the
35 licensee 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.
37
/Z
I 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
is 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.
38
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
1"8 amount of time, but at least within one hundred twenty (120) days
19 after the development has reached seventy -five (7'5) percent
20 occupancy, so long as the construction meets the density require -
21 meets 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
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
e. In the event that total service to any subscriber is
interrupted for twenty -four (24) or more hours due to the fault of
the licensee, the licensee shall provide a credit or rebate to
affected subscribers, upon the subscriber's written request, equal
to twenty (20) percent of the monthly fees for each twenty -four-
hour period during which the subscriber is without service. In the
event that total service to any subscriber is int.errupted',for six
(6) or more hours, the licensee shall provide a credit or rebate to
affected subscribers, upon the subscriber's request, equal to one -
thirtieth of the monthly bill. For purposes of computing the time
of interrupted total service, the time shall begin when a complaint
for interrupted total service is received by the licensee or when
the licensee has actual or constructive notice of the interruption,
whichever occurs first. Nothing in this subsection limits the
licensee from applying a rebate policy more liberal than the
requirements.
39
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
40
/2)
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. Sue netiee- -shall 4 =ode
29 the - name - and address e f the G i ty' s e rise _ designated treview tt
d
30 rate inerease. 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.
41
oz
1 See. 8 6 4. Rate -r -e9 l a t�-
2 a— Qe°epe ei this reg latien.
3 (1) Gity jur sdietrem. Th_e G" " S . a -- G ate regulatlen
4
5 the -Grty-.-
6 B
"eve i
Bade- Georg -has --set a- ree Eer
(-2) age- Ea•
7 lleP.msee
u -i sdietier/�:-
.mot L._ T
�- �W..�ey�re
leense the
-1-1..
a-
8 Gib the- -A:
due tee
Getmtj - area T— Si1rludes
Its lleenp area -that is
-
9 di-f €erent (rust
et a rate
„_ae ^_..
within
that the -qty -ewe
10
-the rty
federal
rate, previded
rules The Gity-,Le
eemp3ies -w-ith
11
appileable
in the Gity
and regulatiens.
-lams -are= NetLi__ herein
rate shall eent
12 the
-rel
Esut i-t-s--
shall
dice frem -Tats
prehibit
13 3- e}atly with
-- -y, at
the Gity.
-1
-reti:en, regule-ting
14 G) Netwithstanding
"eve i
in the tharz
any efthe - pr ew
, event
15 the- -Gity' s- rate- determiaatiems-
ane
due tee
ems-- regulat -revs
-eet aside
16 failure to eempiy
pxier
within he l l eenea=�n
the Ge
with appiieaie -law,
try
17 determination will
the Gity,
the FGCeets
apply within unless
-a
18 rate er tmtil -- the -Gity
siem
net}ee
_.._.
establishes -a-lawful
19 b
l i
FGG
la
t- -mayf
—temp
20
ane
a with regulations.
law, Gity
regulating
be
any rates --as
shall
allewedbFederal
21 with
pxier
within he l l eenea=�n
44 forty eight
shall governed
federal
and eemply
22 e.
23 s-
all eentreli-ing
Neeiee -and
-FGG regu-lat
eamment. Upee-
deseribing its
-i-e re-and
reee-ipt e€ - -the
statutes.
eabie- eperaterl e
the ^_`.-
24
siem
net}ee
rates
in
- er--p- - vat'es
shall
in Gity,
p"lish
25 reques
26
tAng --
The-
a newspaper
ten
writeen en
ate -tie'e _L_,,
e# general eirettlatien
the --pub l ie
the lleense-
the
er any Interes - --
that the Glt-
perseas
27 is—
eendueting
name
-
, ariaeusee
lleemse
28
d rate
a-- mew ew -ei
imerease far the
the - el Es sehedul-e-
ba-s
e€- rateig -e=
29 equipment,
deseribe
-ie sew __
the
30 a- elesing
generally
date,
- and -
aifeeted serviee
area, establish
31 sent.
- The - e=emment
grevide
an address where the
for
-e ammeets will e
less
32 ealenda-s`
days
perierel shall
after ll.eaties'r
-b e epen no
than seven --47-r°
33 igueh
eemments
-In
. The Gity shall
determinatien
review ew and eensider
34 Babe
-epee
malting any
under
fe . its
this seetieft. s�
35 to
its
mitt rates
ers,
- I' ew,
ieae�eeee��r��i
=- notlee
l
36 times
-ever
either
Its eablewetern
at--
different
ems t (1 9)
hrougheut
37 brae
--a -zmes-
iew ifg
-the
38 requested,
and
a-mate
the na
mew - takingplaee
, eemments are
39 t e
handle e-
me and
l e- -telev - - e
address -eg the Gtr
- -
9ffie a designated
40
41 -e--E3 t��a
` - d - ier
- - - ,
t- -mayf
a bier 9 Q-pe� led
42 that fserty
eight (48) he----
written netiee is sent te the
43 emb l e-ep
era to r and any munjeipality
pxier
within he l l eenea=�n
44 forty eight
(48) heurs
Published Retiee Is the
45 pub l ie ;
(b) i9 a eir. addit-idlenal
provided
)
-written eamment reeluie -the
35 Seca 8-66 64. Discontinuing or denying service.
36 a. The licensee may discontinue service to a subscribers who
37 fails to pay installation fees or monthly service charges when due.
38 Before disconnecting service, the licensee must send the subscriber
39 at least seven (7) days prior written notice that service will be
40 disconnected if payment is not received.
41 b. Licensee may deny service to any subscriber where such
42 subscriber has previously been a subscriber of licensee and the
43 licensee previously terminated the subscriber's service due to
44 nonpayment.
43
i�
1 licensee
te— preduee
adds
2
- he
-- finaneial
and
3 wed
4 aeeeunting
- papers,
_eeew"
kinderlying—
the
and - all e
- -11eensee' s submissien,
the
-t ie- il-eensee'
s
finance
5 eaI e;rla
6 and - aeeet-ts-
re r_ e� din
neeesaar
the
--- submis
-tre *tee
sie
- acrd
e-0
the submissie
__euraey
G i ty Manager
7 (d) L•e
qfaire-t re lleen
s_
P-te
e,rthe
8
itfiermatieH
EL-8m
9 eubseetien
10 ether
(-e) above,
seuree-
and
iniermatieft.
ebtain
relevant--
if the 11eensee
belle-wee
that-
11 e. Genfidential
-ef
business
,
fi
` •
eduee-'
is eeniidentialr
12 any
the additie
en
erdered
p
13 business
__1
e
_-`i
_,
: `y
sheaving,
by -a
14 leensea-
must -- eecraest
-een€i
=
degree=
that
-and, make a
e-ee
s- i- s-tent
wi:
15 predeminanee
e€ the
•
-Federal
--
nendiselesure
ei laf
Ace`,
5 U.S.G.
16 _ p•€e
ens -e f the
- F-reedem
Manager
a mat-i-es
denies the
request
for
17 Beetle..
952. if
the
Gib*
- --
to the
FGG within
five
18 eenfidentiali
z, the-
eperater
must
the
appeal
shall
-Ade -tie
19 (5) Terk
ng
uebease
,
f
ep`erater
the j t l en—
p-re
t e— t'h'"
2 0 requested
21 will be-
material,
stayedpending
but
-- release
-- --
—e
-
j _ e r ma
to
to
publie
the
22 E. - el-egat
-ien te -Eity
i-
-- Manager.
—
delegated
stjb-jeet
appeals
the autheri
23 Ge
ssien' the CC- ty-
Manage-
iss��
_.
- � ---1
L a
j
•.a..a =o=
24 - �reeeedings,
25 in this
and
seetien.
deeisree
f the
j
e
_
Manager _ _ b _
r
appealed
,. _ .. L _
26 g . Appeals.
2 i
Amy
renpa�=rt
-e
-Git
� j
. e- tees f s
tl eft 8
792 The
7 G ty
28 filing
Gemmis s-
to
inter-im,
the
.
-e ee
final determinatien
shall
29
ef an appeal
ingematien
of
any
_..
form a basis
fer
net stay
the
gather-i...,
p-e-eedings er
35 Seca 8-66 64. Discontinuing or denying service.
36 a. The licensee may discontinue service to a subscribers who
37 fails to pay installation fees or monthly service charges when due.
38 Before disconnecting service, the licensee must send the subscriber
39 at least seven (7) days prior written notice that service will be
40 disconnected if payment is not received.
41 b. Licensee may deny service to any subscriber where such
42 subscriber has previously been a subscriber of licensee and the
43 licensee previously terminated the subscriber's service due to
44 nonpayment.
43
i�
1 Sec. 8 -" 65. Discriminatory practices prohibited.
2 a. A licensee must not deny, delay or otherwise burden
3 service or discriminate against subscribers or users on the basis
4 of age, race, creed, religion, color, sex, handicap, national
5 origin, marital status, or political affiliation, and must not deny
6 cable service to any potential subscribers because of the income of
7 the residents of the area in which the subscribers reside.
8 b. A licensee must not refuse to employ, nor discharge from
9 employment, nor discriminate against any person in compensation or
10 in terms, conditions or privileges of employment because of age,
11 race, creed, religion, color, sex, handicap, national origin,
12 marital status, or political affiliation.
13 C. A licensee must comply at all times with the Equal
14 _ Employment Opportunity provisions and reporting requirements
15 contained in federal law. A copy of the licensee's annual report
16 required by the FCC shall be submitted simultaneously to the City.
lfi d. New
shall l
18
require a minimum number of subaeribers as a
te- ree eeaxy dwelling ee
pree`enditien
19 that is
previdirg -e-. multi p-le
laeateel- density
20 se
-in ear- - area --that meets — the - minimum
Seetren 8-2$ This .i___ ien
21 spp3
eves --ef - . shall ae=-
l te- l dwelling in
esb
22 whieh
e -hotels, me to s and -- ether --multi units
than the have been
Mere
23 there less
--ity ef eeeupante residing
than (4) the
24 ee,eup
EF-Alur months er where a majerity ef
haz 6th fier l-es? Eeur 4
s terms than ( ) menths -.
25 Sec. 8 -fry- 6�6. Theft, vandalism, tampering; violation.
26 It is unlawful and a violation of this chapter to:
27 a. Willfully obtain or attempt to obtain cable services or
28 cable related services from another by means of artifice,
29 trick, deception, or device without payment to the
30 operator for such services of all lawful compensation due
31 for each type of services unlawfully obtained.
32 b. Willfully assist any other person in obtaining or
33 attempting to obtain any cable service or cable related
34 services without payment to the cable operator of such
35 services of all lawful compensation due for each type of
36 services unlawfully obtained.
37 C. Willfully tamper or otherwise interfere with or connect
38 to by any means, whether mechanical, electrical,.
39 acoustical, or other, any cable, wires, or other devices
40 used for the distribution e f cable services or cable
41 related services without actual authority from the
42 operator of such services.
44
/12-
1
d. Willfully sell, rent, or lend, or promote or advertise
2
for sale, rental or use, any device or any plan to any
3
person with the knowledge that the person intends to use
4
such device or plan to commit any of the acts set forth
5
in paragraphs a, b, and c, whether or not such device or
6
plan actually has the ability to facilitate the
7
commission of any acts set forth in paragraphs a, b, and
8
C.
9
e. Willfully sell, rent, or lend, or promote or advertise
10
for sale, rental, or use, without authority from the
11
operator of such cable services or cable related
12
services, any device which is electronically capable of
13
decoding cable system signals which have been encoded by
14
a cable operator or any person under contract with such
15
operator.
16 Sec. 8 -b$ 67. Prima facie evidence.
17
The presence on property, in the actual possession of a
1-8
person,
of any device or alternation which effects the diversion or
19
use of
cable services or cable related services without such
20
services
being reported for payment to, and specifically authorized
21
by, the
cable operator shall be prima facie evidence of a violation
22
of this
section; however, this presumption shall not apply unless:
23
a.
The presence of such a device or alteration can be
24
attributed only to a deliberate act in furtherance of an
25
intent to avoid payment for such service; and
26
b.
The person charged has received the direct benefit of the
27
reduction of the cost of such services; and
28
C.
The recipient of such services has received the benefit
29
of such services for at least one full billing cycle.
30
Sec. 8 -49: 68. Confiscation.
31 Any law enforcement agency having jurisdiction shall have the
32 authority to confiscate any and all such instruments, apparatus,
33 equipment, devices, instructions, and plans described in Section 8-
34 44 66, including any materials, tools, machinery, or equipment used
35 to manufacture or produce such instruments, apparatus, equipment
36 devices, instructions, and plans, and, upon conviction for
37 violation of the provisions of this section such instruments,
38 apparatus, equipment, devices, instructions, and plans, together
39 with all such materials, tools, machinery, and equipment used to
40 manufacture or produce same, shall be destroyed or otherwise
41 disposed of.by order of court.
45
oZ
1 Sec. 8 -9-0: 69. 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 -b* 66 through 8 -44 69 shall be liable in
7 actual and punitive damages to the licensee involved or may be
8 subject to injunction, or both, and, upon judgment in favor of the
9 licensee, such licensee shall also be entitled to recover all costs
10 of such 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 -*1 70. Performance evaluation.
15 a. The City Manager may conduct periodic performance
1,6 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 -q-2= 71. 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 It adepts a i9ehedule —ef eivil
32 pen "�-- The City Manager or his designee is hereby authorized
r —__vim ..— ....., e
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 of
the City of South Miami
Code of Ordinances, the
43
City will provide
the licensee with notice
and opportunity to cure.
46
1 The notice shall state the Code
section alleged to be violated,
2 factual
basis of the violation,
the amount of the civil penalty,
3 and the
time period allowed to cure the violation without incurring
4 a civil
penalty. This notice and cure provisions will apply only
5 to the
subsections (1), (2) and
(3) listed below.
6
7
8
10
11
12
13
14
15
16
17
18
V9
20
21
22
23
24
25
26
(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
Seetien -8 41 improper
(2) Licensee shall have a notice and opportunity to
cure time period of no less than thirty (30) days
from violations of the following provisions:
Sections
Sections
Section
Section
Section
Section
Section
-al -=_
Sections
Section
Section
Section
8 -22; 8 -23
8 -24; 8 -25
8 -28
8 -38(d)
8 -43
8 -47
8 -50
ePt fer P
8- 54;8 -55;
8 -56
8 -59(a)
8-59(b)
8 -59(c)
Maintaining insurance
Maintaining performance bond
Submission of construction plan
Membership in UNCLE
Equipment for the hearing impaired
Providing A/B switch
Service to public buildings
Recording and reporting
Maintaining an office
Maintaining 24 -hour telephone system
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 -43 72. 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
47
/z
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
-0 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 -4. 73. 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) L &
ya 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.
48
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 Sec. 8 -93 74. 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)
1=6 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
ead an administrative proceeding by issuing a hearing
29
order—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
49
4V
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
:e8 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 -*6 75. 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 -*7 76. 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.
SO
I b. If a a licensee fails to properly and promptly
2 restore the area, the City, at its election, may restore the area
3 and cause forfeiture of the permanent performance bond in order to
4 reimburse the City for any costs and expenses it incurs for
5 restoring the area.
6 Sec. 8 -*8 77. 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
f8 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 -44-. 78. 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.
51
/Z
1 Sec. 8 -58 79. 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 -69(e) 59 e , but shall not relieve a licensee from its
10 general 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
A 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 -8-1 80. 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, subsection, clause, sente e ,
33 er phr =c= or provision of this erdinanee, chapter is for any reason
34 held invalid
35 1d iedie-tien, the helding— shall net affeet— the -- va3ldity —ef th
36 L-emaining —Pe ens a € — this erd-innee . the remainder of this
37 chapter shall not be affected by such invalidity.
38 Section 3. All ordinances or parts of ordinances in
39 conflict with the provisions of this ordinance are hereby repealed.
52
JZ
1
2
3
4
5
6
7
S
9
10
11
4 13
Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this day of September, 1995.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
cabletvR.1 -3, is a comparison between:
cablatr3.crd
ss sza
a
53
v
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 daily (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 HEARINGS 9/5/95
RE: ORDINANCES
In the .......... XXXXX.XX .................. Court,
was published in said newspaper In the Issues of
Aug 24, 1995
Afflant further says that the said Miami Dally 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
cvertisament; and afflan t further says that she has d nor promised any person, firm or corporation
t, rebate, commission or refund for the purpse of s g thin acjyertlaement for publication in the said
W-A;1110
Sworn to and subscribed before me this
24 August 95
day of 19......
(SEAL) S
Sookie Wlifiams personally known foist *. _ v
rATKIAL NOTARY SEAL
-k4ERYL H MAWSR
'.%46FtON NO. CC191642
i.-MiGION EXP. APR. t2.1YO
/Z
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will hold Public Hearings during its regular City
Commission meeting on September 5, 1995 beginning at 7:30 p.m., in
the City Commission Chambers. 6130 Sunset Drive-to consider the
following . described ordinances which were given first reading on Au-
gust 15, 1995.
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.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA CREATING
CHAPTER 8 OF THE CODE OF ORDINANCES, TO BE
ENTITLED' CABLE TELEVISION REGULATIONS; DECLAR-
ING INTENT AND PURPOSE: PROVIDING FOR DEFINI-
TiONS, LICENSE REQUIREMENTS AND PROVISIONS,
APPLICATION FEE, NOTICE AND HEARING, TERM OF
LICENSE. SERVICE AREAS, LICENSE RENEWAL AND
TRANSFER, AUTHORITY OF CITY MANAGER, UABiUTY,
INDEMNIFICATION, INSURANCE, BONDS, CABLE SYS-
TEM • CONSTRUCTION REQUIREMENTS, USE OF:"
EASEMENTS AND STREETS, WORK IN RIGHT -OF -WAY,
SIGNAL STANDARDS, TECHNICAL STANDARDS, EMER-
GENCY 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 REGULATIONS,
PROHIBITING DISCRIMINATORY PRACTICES, VIOLATION
BY THEFT. VANDALISM AND TAMPERING. PRIMA FACiA
EVIDENCE, COAFiSCATION, PUNISHMENT, PERFORM
ANCE EVALUATION, ENFORCEMENT, PENALTIES, FUR-
THER REMEDIES, TERMINATION OF LICENSE. REMO-
VAL, RESTORATION, APPEAL AND . CITY'S RIG14T TO
INTERVENE IN PROCEEDINGS. AND RELATED MAT-
TERS.
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 AGREE
MENT 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.
Said ordinances can be inspected in the office of the City Clerk,
Monday - Friday during regular office hours.
Inqufrfes concerning this item can be addressed to the City Man-.
agers office at: 663 -6338.
ALL interested parties are invited to attend and will be heard.
Amietta Taylor, CMC
City Clerk
City of South Miami
PutsuaM to Florida Statute 2aeo11'J5, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board,-Agency or Commission with rasps* 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, aHecied person may need to arouse
that a verbatim record of the proceedings is made which record in-
dudes the testimony and evidence upon which the appear is to be
based.
8/24- 95+9-082438M
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
�YJ
To: Mayor & City Commission
J
From: Eddie Cox
City Manager
Date: September 1, 1995
Agenda Item # 13
Re: Comm. Meeting 9/05/95
The attached resolution is presented for this agenda after being
deferred on July The applicant requested deferral because the
issue requires a 4/5 vote and only 4 Commissioners were present at
that meeting. Also, Commission deferred the issue in response to
citizens' request.
a \histpre.bd
1
RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA DENYING A REQUEST FOR A VARIANCE
4 FROM SECTION 20 -4.4 (F)(3), PURSUANT TO SECTION 20 -59, OF THE
5 LAND DEVELOPMENT CODE, TO PERMIT ONE HANDICAPPED PARKING
6 SPACE TO BE LOCATED IN THE FRONT YARD SETBACK OF PROPERTY
7 WHICH IS LOCATED IN THE "RO" (RESIDENTIAL OFFICE) ZONING
8 DISTRICT, SPECIFICALLY LOCATED AT 7633 S.W. 62 AVENUE, SOUTH
9 MIAMI, FLORIDA, 33143 AND PROVIDING A LEGAL DESCRIPTION.
10 WHEREAS, Maryndale Corporation of Florida, property owner, has made application to
11 request a variance from Section 20 -4.4 (F)(3), pursuant to § 20 -5.9, of the Land Development
12 Code, in order to permit one handicapped parking space to be located in the front yard setback
13 of a property which is located in the "RO" (Residential Office) zoning district; and,
14 WHEREAS, the property is located at 7633 S.W. 62 Avenue, South Miami, Florida,
15 33143, and is legally described as follows:
16 Lots 4 and 5, Block 3, "MAP OF LARKIN PINES SUBDIVISION ", according
17 to the plat thereof, as recorded in Plat Book 24 at Page 20, of the Public Records
18 of Dade County, Florida; and,
19 WHEREAS, the Building, Zoning & Community Development Department staff
20 recommended approval to the Planning Board of the application for a variance upon evaluating
21 the application for (a) consistency with the Comprehensive Plan and (b) compliance with the
22 hardship requirement contained in Section 20 -5.9 (C) of the Land Development Code; and,
23 WHEREAS, on June 27, 1995, the Planning Board voted 5:1 to recommend denial of the
24 application to request a variance from Section 20-4.4 (F)(3), pursuant to § 20 -5.9, of the Land
25 Development Code, in order to permit one handicapped parking space to be located in the front
26 yard setback of a property which is located in the "RO" (Residential Office) zoning district; and,
27 WHEREAS, the Mayor and City Commission of the City of South Miami accept the
28 recommendation of the Planning Board of the City of South Miami.
Maryndale Variance Application Page '# 1
a
29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
30 OF THE CITY OF SOUTH MIAMI, FLORIDA:
31 SECTION 1. That the application by Maryndale Corporation of Florida, property owner, to
32 request a variance from Section 20 -4.4 (F)(3), pursuant to § 20 -5.9, of the Land Development
33 Code, in order to permit one handicapped parking space to be located in the front yard setback
34 of a property which is located in the "RO" (Residential Office) zoning district, is hereby denied.
35
36
37
38
39 ATTEST:
PASSED AND ADOPTED THIS 18`h DAY OF JULY, 1995.
40
41 Ronetta Taylor
42 City Clerk
43 READ AND APPROVED AS TO FORM:
44
45 Earl G. Gallop
46 City Attorney
1
Neil Carver
Mayor
c: \wpdocs\p1anning\report95.008
- Maryndale Variance Application Page # 2
To
From:
/3
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
Mayor & City Commission Date: I , 9 9 s�
Director of BZCD Dept
Eddie Cox
City Manager
REQUEST:
Applicant: Maryndale Corporation of Florida
S S�+ -City Commission Agenda
Re: Item # 13 Maryndale Corp of Florida
Variance for Handicap Parking Space
Request: Variance from Section 20 -4.4 (17)(3), pursuant to § 20 -5.9, of the City's adopted
Land Development Code, in order to permit one handicapped parking space to be
located in the front yard setback of a property which is located in the "RO"
(Residential Office) zoning district.
Location: 7633 S.W. 62 Avenue; South Miami, Florida 33143;
[A commercial property in the Residential Office district]
BACKGROUND & ANALYSIS:
The applicant has requested a variance to allow one handicap parking space to be located in the
front yard setback of this "RO" (Residential Office) zoned property. This will allow for greatly
improved access for people with disabilities to the main entrance of this building and will allow
for more options and greater market flexibility for any potential, future use of the building.
The construction and use of this office is not contingent upon approval of the variance; however,
the variance will serve two specific purposes. First, by permitting the handicap parking space
in front of the building, the best possible access is provided for people with disabilities.
Second, the addition of this parking space will allow for more flexibility in the future use of this
building, since two additional spaces may be provided in the rear parking area where a handicap
parking space would have been located. The Land Development Code contains different parking
requirements based on different uses. If no variance is granted, the building will only be suitable
for two uses (Telephone Answering Services and Tutorial Services). If the variance is granted,
the building will be suitable for all permitted uses allowed in the RO district where it is located.
Improved access for people with disabilities and a potential of greater market flexibility for future
uses are beneficial to both the City and the property owner.
The Planning Board voted 5:1 to recommend denial of the application, based on interpretation
of the Florida Accessibility Code for Building Construction which differed from that of staff.
RECOMMENDATION:
Staff recommends that the City Commission adopt an amended version of this Resolution.
The Resolution has been prepared to reflect the Planning Board recommendation for denial. Staff
does not support the recommendation for denial; but recommends that the City Commission first
move to amend the proposed Resolution to the positive and then adopt such amended Resolution.
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LEGAL DEeCRIFT10N
LOTS 4 ARID 5 BLOCK 3 LAJ.KIN Pil E6 AGCCRDrG TO THE
PLAT Tt$f'EOF AS RECORDED IN PLAT 500K 24 AT PAGE
20 OF TPE Pt15LIC WCOIQDS OF CADE C.ClU 1TY, FLORIDA.
ZONING DATA
ZONtw -m RO
NET LAND AREA 14000 SF,
GF4055 BUILDING COVERAGE 4,046 5F. (23x6)
(INCLUDES COV.-PARKiNG)
TOTAL PAVED AREA
(WALKS, DRIVES AND PARKING) 6,454 S.F.
TOTAL LANDSCAPE AREA 3500 SF. (25 %)
FLOOR AREA RATIO (F.A.R.) 3,300 S.F. (235 %)
(OFFICE AREA NOT COUNTING GARAGE)
BUILDING HEIGHT I STORY 20'
PARKING :
TOTAL OFFICE AREA 3248 SA. 0 13 SPACES
I SPACE /150 SF.
I HANDICAP SPACE PROVIDED
TOTAL PARKING 13 SPACES
LANDSCAPING NOTES
L TMM6 /HALL 9E OF A 6MC166 THAT WILL 14OPP ALLY GROW TO A MNRRl" I
OP FEIGr4T OF (20) TUN" MEET UATH A MATWI! CMMM 6PIMAD OF TUNRY
(20) FEET OR GREATER N DADA CCIMT AND WAVE T1 W4& LWK1I CAN BE
MANTAINED WITH OVER (T) 6EY04 FELT OF CLEAR TRWYG
2. R =IRED TIMES SHALL HAVE A MIN" -" DIAMETER AT BREAST HE404T
(OOkU Cr- THREE 13) "CI-M6 AND BE NOT LE" THAN (0) TEN FELT N
OVERALLL, HEIGHT AT THE TrE OF F'LA41TN6.
3. ALL LANDSCAPE SHALL aE INSTALLED M ACCORDANCE WITH ACCEPTED
GOOD P'LANTNG FROCLDURE6.
4. LAN06CAPLD AREAS 6NALL 93E Mt0rMCTED THE OVWb4ANG OF PARKED
VEHICLES. "OR tLbCW PROTECTION 16 NECt66AINf. RENPOPM ED CCNCPWM
WHm 6TO" OR AN APPROVED CCW94JOU6 C1PMM a MM LE" THAN
6' M HEIGHT SHALL M MTALLED TO I MVENT GWCH OVERHAM6
5. CCNCRETE WI-CM 8TOP6 SHALL CE PERMANEBTLY AW- 440IIED TO TAE
GFWkM AND LOCAYTED NOT LE" THAN (30) THIRTY NCHE6 FROM
LAJO6( +AMD ARlA6. IF 716 OVERHANG AREA 16 LEFT tt4PAVED, IT SHALL
15E LATO6CAPED ACCCRDNG TO THIS 6ECnCN AND TF! ABourrm REOYIRED
M9bMETER BLOMM OR DMDER MEDIAN MAY BE (4) FCUR FEET W WIDTH.
6. A PERMANENT WATER 6WPPLY OYSTEM SHALL HE AVAILABLE TO 6EF2VE
ALL LAND6CAPED AREAS. 6AID 6T6TEM SHALL W popftMDED BY THE
1716TALLATION CF A 6F RIKLER 6TSTert
t
To: Dean Mimms, AICP
Director of BZCD Dept.
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
Date: June 21, 1995
From: Brian T. Soltz —�� Re: PB -95 -008: Maryndale of Fla., Inc.
Planning Technician Variance for Handicap Parking Space
REQUEST:
Applicant: Maryndale Corporation of Florida
Request: Variance from Section 20-4.4 (F)(3), pursuant to § 20 -5.9, of the City's adopted
Land Development Code, in order to permit one handicapped parking space to be
located in the front yard setback of a property which is located in the "RO"
(Residential Office) zoning district.
Location: 7633 S.W. 62 Avenue; South Miami, Florida 33143
[A commercial property in the Residential Office district]
BACKGROUND & ANALYSIS:
The applicant has requested a variance to allow one handicap parking space to be located in the
front yard setback of a "RO" (Residential Office) zoned property. This will provide handicap
accessibility at the main entrance of the office building. Section 20- 4.4(F)(3) of the Land
Development Code prohibits parking spaces in the front yard setback of properties located in the
"RO" (Residential Office) zoning district.. The subject property faces 62 Avenue and the "GR"
(General Retail) zoning district. The property is adjacent to other "RO" zoned properties and
abuts the RS -3 (Low Density Residential) zoning district (Attachment 1).
According to the Florida Accessibility Code for Building Construction, at least one accessible
route within the boundary of the site shall be provided from public transportation stops,
accessible parking, accessible passenger loading zones, and public streets or sidewalks to the
accessible building entrance they serve. The accessible route shall, to the maximum extent
feasible, coincide with the route for the general public (Attachment 2).
Considering the narrow width of the subject property the only alternative for the applicant would
be to locate the handicap space in the back of the building; however, this option would be in
conflict with the Florida Accessibly Code for Building Construction. The applicant's proposed
site plan shows that the handicap space will be the only parking space located in the front of the
building.
RECOMMENDATION:
Staff recommends that the Planning Board vote to recommend approval of this application subject
to the following condition:
1) That the applicant provide a concrete handicap accessible connection from the
public sidewalk to the building entrance.
COMPREHENSIVE PLAN:
The proposal is consistent with the Goals, Objectives and Policies of the Comprehensive Plan.
APPLICABLE REGULATIONS:
Section 20-4.4 (H) of the Land Development Code
Section 4.3.2 of the Florida Accessibility Code for Building Construction
c:lwpdocskptanninBVeport95.008
ATTACHMENT 1
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ATTACHMENT 2
0
4.3 ACCESSIBLE ROU17E
4.3 ACCESSIBLE ROUTE
4.3.11 General.
All walks, halls, corridors, aisles, skywalks, tunnels,
and other spaces that are part of an accessible route
shall comply with 4.3.
4.3.2 Location.
i (1) At least one accessible route within the boundary
of the site shall be provided from public transportation
stops, accessible parking, and accessible passenger
loading zones, and public streets or sidewalks to the'
accessible building entrance they serve. T h
sible rou all, to the maximum extent feasi
oincide with the route or a general public.
(2) At least one accessible route shall connect acces-
sible buildings, facilities, elements and spaces that are
on the same site.
D
(a)
90'Turn
(3) At least one accessible route shall connect acces-
sible building or facility entrances with all accessible
spaces and elements and with all accessible dwelling
units within the building or facility.
(4) An accessible route shall connect at least one
accessible entrance of each accessible dwelling unit
with those exterior and interior spaces and facilities
that serve the accessible dwelling unit.
4.3.3' Width.,
The minimum clear width of an accessible route
shall be.36 in (915 mm) except:
(l)" At doors (see 4.115 and 4.13.6); and
(2) Curb ramps and ramps that are part of arequired
means of egress shall be not less than 44 in (1,118
mm) wide.
If a person in a wheelchair must make .a tarn around
an obsttuction;theminimum ciearwidth ofthea Ices -.
sible route: shallbe as.shown in Fig. 7(a) and (b).:.
Wt--41 -
NOM Dimension: shown appiy when x < 48 In (I.
M
Turns wound an ObsbuCion
Changes In level FI 7 Change In !curd
9•
Accessible Route
Attachment 1: Portions of ADAAG Superseded by Florida Law.
`' ADAAG Commentary (Appendix A of the ADAAG)
FLORIDA ACCESSIBY' ""' CODE FOR BUILDING CONSTRUCTION JANUARY 199.3 GDrrION . 23
City of South Miam®
6130 Sunset Drive. South Miami. Florida ;5,..43
NorAPPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
Applicant: Phone: V Y 0 Y
Property Owner: t(fl A� core. Signature:
Address: 3$& Phone Number:
Represented By: organization: 4, 49S P(- ieJ(.
Address: s:7 yLj mom,- L. Phone: _ qo y �/
Architect /Engineer: 1 i C. ][-Phone:
Owner ® Option to purchase _ Contract to purchase — Copy attached?
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION n �t
Lot(s) �r Block 3 Subdivision LA•i2.IGt r�1 �T �i pB `-�v
Metes and Bounds:
Township Section Range
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
—V Variance — Special Use „ Rezoning Text Amendment to LDC
® Text Amendment to Comp Plan __PUD Approval — PUD Major Change
Briefly explain application and cite specific Code sections:
SECTION: SUBSECTION: PAGE 1: AMENDED DATE:
ZLetter SUBMITTED MATERIALS
of intent Statement of hardship _ Reasons for change:
from owner /tenant /inherent in the land list justifications
!
Proof of ownership Power of attorney — Contract to purchase
ZCurrent survey 7 copies of Site Plan Required fee(s) for
within 3 years 1 reduced @ 8.5° x lln cost of advertising
The undersigned has read this completed appl cation and r resents the
information and all submitted materials f is d are and correct
to the best of the applicant's knowledge lief-.
Date
Applicant's/SignaVhre and title
Upon receipt, applications and all subm' ted m terials will be reviewed for
compliance with City Codes and other a lic a regulations. Applications
found not in compliance will be rejectiF and returned to the applicant.
OFFICE USE ONLY DATE FILED ACCEPTED REJECTED.
DATE PB HEARING -,~` COMMISSION PETITION REQUIRED
ADVERT DEADLINE OTHER INFO PETITION ACCEPTED
JUNE 6, 1995
GIORGIO LUIGI BALLI
A R C H I T E C T
G.L.B. & ASSOCIATES INC.
3360 CORAL WAY SUITE #5 MIAMI, FL 33145
PH. (305) 443 -9044 FAX (305) 443 -0415 AR 13951
CITY OF SOUTH MIAMI
BUILDING AND ZONING DPT.
RE: OFF STREET PARKING VARIANCE FOR PROPERTY LOCATED AT 7633 SW
62ND AVENUE SOUTH MIAMI, FLORIDA.
IT IS OUR INTENTION TO SEEK A VARIANCE TO PROVIDE ONE HANDICAPPED
PARKING SPACE IN FRONT OF THE NEW BUILDING WE ARE PROPOSING AT
THE ABOVE MENTIONED ADDRESS.
WE UNDERSTAND THAT THE CITY OF SOUTH MIAMI NORMALLY DOES NOT
ALLOW PARKING IN THE FRONT OF THE BUILDING IN THIS ZONING
CLASSIFICATION, (RO), HOWEVER, THE A.D.A. DOES RECOMMEND THAT THE
HANDICAPPED PARKING BE AS CLOSE AS POSSIBLE TO THE FRONT OF THE
BUILDING.
IT IS UNDER THIS A.D.A. REGULATION THAT WE RESPECTFULLY SUBMIT
OUR APPLICATION FOR THIS VARIANCE.
SINCE ;
GIO I0 /L . IAL I
A C H I E C T
305 626 0446
05/10/1995 17:21 305 -826 -8446 RJ SERRANO PA
LAW 0F><,CE9 OF
SWEETAPPI -E, BROE:KER & VARKA5
A PARTN`RGHIR OF PFIOPESSION^L ASSOCIATIONS
DOU-8 C. 50OW IL AA
04"M FLDOR ctmocco 4 OUILDINa
Sir" -Wx Wtwr FL OALCR ATR!!T
MIAMI. FLORIDA 331301
T[uPWME (3051 374.BM
TCLtWFvEn (31.X5I me.1!X3
RO![RT A. SWEETAPPLEI
DOUGLAS C. Sftoi IZR
ALEMNOER O. VARKA3, JR.
6E0FPREY C. ®ENNETT
STEVEN L LUBELL
MARK OREENGERO
*90"s eMV'nea a AL Tau vTow -Tv
Via Facsimile-205/666-7721
Clifford Kornfield, Esq.
11400 SW 68th Court
Miami, FL 33156
March 7, 1995
,=AGE %1
6WWffAPPL6 S. VARX^.L RA,
A60 C^w PALmmm pAFK PnA*
BOCA AATON. FLOR10A:i343a
TFLLPN6Nt 1iO71 3=4220
MIAMI UNt CW51 iLLlip.lj
TtLa:OFlER faml .12"=
PL UA4 WILMY M
MUM
Post Ir Fax Note 7671 oar !p,!
Pe & * IRWO s !
IF
Rat In re Hod - investments, Inc. and South Miami Professional
Building v. Segarra, et. al.
Dear Mr, Xornfield:
In accordance with conversations bewteen oiur clients
yetserday, March 6, 1995, this letter supersedes our letters of
February 24 and February 27, and confirms the agreement in
principle entered into between Mod- Invesstmenta, South Miami
Professional Building, Roman-Guyon Engineers and Mr. ROsaB -Guyon
personally. I understand from yourself and Mr. Rows -Guyon that
Golden Homes Corporation and Hr. Zegarra are in agreement, &lea.
The essential terms of the agreement are as follows.
Med- Investments will purchase the building from South Miami
Professional Building, Inc. ( "MB"} at a purchase price of
$1,300,000, which amount includes being built out through
Certificate of Occupancy, in "turn key" condition, excluding
wallpaper or built in furniture, to Ned- investments' specifications
as drawn by Ned-Investments' architect. The buildout will be
performed by Rosas -Guyon Engineers, Inc. pursuant to an AIA
standard fora contract, together with any modifications or
additions thereto, to be approved by Had-investments' lender. All
construction costs including permits, architectural fees, atc.,
shall be borne by Rowe -Guyon Engineers as part of the portion of
the purchase price allocated to the buildout. Mod-Investments will
pay the architect's fee, but those payments will reduce the amount
paid for the buildout.
05/10/1995 17, 21 305- 826 -8446
R.I SE;RANO PA PAGE ®?
Clifford Kotnfield, Esq.
March 71 1995
Page a
The portion of the purchase price allocated to the
buildout will be determined in the future, as follows: The dollar
amount to be allocated for construction, which will be paid during
and after construction pursuant to Had- Investments' lender's
requirements, shall be determined after Rosas - Guyon Engineers
reviews specifications. Roans-Guyon Engineers will present its
completed construction estimates to Mad - Investments. Thereupon
Med- Investments shall submit those estimates to its-lender for
review. If the lender determines that Rosae -Guyon Engineers'
estimates are too low then the amount set aside for construction
shall be determined based upon the lender's construction estimates.
If there is a substantial difference in the estimates, a third
party independent estimator shall be secured to provide a final
estimate.
These figures will be incorporated into an AIA form
construction contract, together with any modifications or additions
thereto, which will be approved by Mad-Investments, lender. The
specifications will include enclosing and building out the terrace,
however, the parties recognize that approval is. required by the
City of South Miami before the terrace may be enclosed. The
parties agree that they will cooperate and use their best efforts
to obtain such approval. If approval cannot be obtained, a credit
or deduct figure will reduce the purchase price. While Med -
Investments believes this terrace component amounts to $150,000,
this figure will be agreed upon by Had-Investments and Ronan-Guyon
Engineering after Mr. Rosas -Gu on reviews the plans and
specifications. In the case of major discrepancies the cost will
be determined by AIA standards in compliance with the Codes
applicable in the City of South Miami. and Metropolitan Dade County
with Mod-Investments, lender's approval. zf there is a substantial
difference in the estimates, a third party independent estimator
shall be secured to provide a-final estimate.
The $1.3 million figure contemplates that Had-
Investments will, as part of the agreement, waive ell of its claims
in the bankruptcy court includi
05/10/1995 17:21 905- 826 -944b R,J SERRANO RA GAGE ?a
Clifford Kornfield, Esq.
March 7, 1995
Page 3
This agreement will be implemented as a Section 363 gale
in bankruptcy court, free and clear of all liens and eneumbran:es
except for Mod- Investments' purchase money and construction
financing and a possible balloon note as not forth below. The
parties would dismiss all of their adversary claims, With
prejudice, the State Court action would be dismissed with prejudice
and the Canali judgment satisfied. All parties to the State Court
litigation and Mr. Zegarra will execute mutual general releases in
favor of each other and their attorneys, and you and I will enter
Into a stipulation for dismissal of the State Court action, with
prejudice, each party to bear its own court costar and attorneys
fees.
- The agreements set forth herein will be incorporated into
a formal agreement prepared by Counsel for Mad - Investments, which
will be attached to the Debtor's motion for aale, and which will be
subject to the approval of the Bankruptcy Court. Any disagreement
on terms of this contract will be resolved by the Bankruptcy Court.
Thbankrproperty transfer will be effected as part of the existing
p cy
This agreement is also subject to Mr. ROBAR- Guyon's
review of plans, Med- investments' lender's approval and Mad -
Investments' review of cash flow needs. If Mad - Investments' cash
flow needs require a loan at closingr up to $125t000 may be loaned
to Mad- Investments at that time in the form of a balloon note
payable to the debtor or Messrs. Rosas -Guyon and Zegarra or their
designee two years after closing, and shall be adequately secured,
by personal guarantees.
Please advise me immediately if you or your clients
disagree with any of the above terms or alternatively please
confirm your clients' concurrence.
S sly yours ??
DOUGLAS . BROERBR
DCB\km
cot Med-Investments, Inc.
Jack Shawde, Esq.
Jordi Guso, Esq.
sIDSN\L=.s
LAW oRrraaa aP
S1N�ETAPP� E BROEKIR & VARKAS. P.A.
05/10/1995 17:21 ^05- 826 -8446 RJ SERRANO PA PAGE ?4
The terms of the foregoing letter dated March 7, 1995 are
understood and agreed to this a�! day of March, 1995.
MED- STMENTS, INC.
a
Byt
• 8�rana
SOUTH MIMI PROFESSIONAL BU=ING
Byt �. I'L -,4
Vosae -Guyon
GOLDEN HOMES CORPORATION
By$
By •
•
-Guyon
-GMMN ENGINEERS, INC.
s
L osae -Guyon
iE
witness
Luis Rosas- Guyon, Witness
Individually ,
0 ><
or a Ze ra, I vidually i
1
1 ..r Arrv�� nr
..,__SWEETAPPLE, BROEKER & VARKAS• P.A.
3
PROPERTY ADDRESS ''7 %3 ��/ (� i t,.i t�0E -: IAr -i
LEGAL DESCRIPTION
LOT BLOCK '�3
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SUBDIVISION LAR V-I N I°I tjES
THEREOF RECORDED
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ACCORDING TO THE PLAT AS IN PLAT BOOK _ L'I- AT PAGE %- U
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OF THE PUBLIC RECORDS OF UnvG COUNTY, FLORIDA
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THE NATIONAL FLOOD INSURANCE RATE MAP DATED 0 3 -0 ZI994- PUBLISHED BY THE FEDERAL EMERGENCY uANAGEMENT AGENCY DELINEATES
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THE HEREIN DESCRIBED LAND TO BE SITUATED WITHIN ZONE COMMUNITY NO 12d S 8 PANEL 2 2-' � SUMX
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WE HEREBY CERTIFY: That the attached BOUNDARY SURVEY of the above described property is true and correct to the best of
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our knowledge and belief as recently surveyed under our direction, also that there are no above ground encroachments unless
/ e N N 1 N N If 1 N N i
shown, and meets the minimum technical standards set forth by the FLORIDA BOARD OF LAND SURVEYORS. Pursuant to Section
472.027 FLA. Statutes and Chapter 21H -H6 of Florida Administrative Code. Examination of the abstract of title will have to be
a o: ri Li '' J
mode to determine recorded instruments, if any, affecting the property. Location and identification of utilities and /or adjacent
'- x _ = z I-: a ° _\
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to the property were not secured a such information was not requested. Ownership is subject to opinion of title.
Li L:
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CERTIFIED TO:
W
JUAN J. SONFILL �4'^l^^
PROFESSIONAL
cd
LAND SJRVEYOR IG0. 3179
a
STATE OF FLORIDA
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REVISION:
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Registered Land Surveyor, Slafe of Florida
9360 S.W. 72nd STREET, Suife 265 CLIENT:
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Miami, Florida 33173 (305) 598 -8383 FAX: 598 -0023 ORDER NO. °I I ? `7
CD OUN DAR Y SURVEYSCALE:
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NOTES:
- BEARINGS WHEN SHOWN ARE REFERRED TO AN ASSUMED VALUE
- ELEVATIONS WHEN SHOWN ARE REFERRED TO
J. Hannah A. Collier
6113 SW 69 St 6001 SW 69 St
Miami FL 33143 Miami FL 33143
T. Simmons G. Williams
6111 SW 69 ST 6023 SW 69 ST
Miami, FL 33143 Miami FL 33143
E. Adams J. Outten
6109 SW 69 St Unit 48 -8 6021 SW 69 St Unit 79 -14
Miami, FL 33143 Miami FL 33143
F. Gillis V. Thompson
6122 SW 68 St #49 -9 6019 SW 69 St
Miami FL 33143 Miami, FL 33143
M. Baxter E Paulin
6013 SW 69 St Apt71 -13 6017 SW 69 St
S Miami, FL 33143 Miami, Fl 33143
B. Montgomery P Thompson -
6011 SW 69 St 6015 SW 69 St
Miami, FL 33143 Miami, FL 33143
V. Williams L Patterson
6009 SW 69 St unit 73 -13 5997 SW 69 St
Miami, FL 33143 Miami, FL 33143
D. Thompkins
M Beacham
6007 SW 69 St
5993 SW 69 St Unit 85 -15
Miami FL 33143
Miami FL 33143
D. Godbolt
R. Litmon
6005 SW 69 St
5991 SW 69 St
Miami, FL 33143
Miami FL 33143
E. Meadows
P Jenkins
6003 SW 69 St Unit 76 -13
5987 SW 69 St Unit 88 -15
Miami, FL 33143 -
Miami FL 33143
n
t
E Gandy
5985 SW 69 St Unit 89 -15
Miami, FL 33143
J. Owens
5971 SW 69 St
Miami FL 33143
P Miller
5973 SW 69 St Unit 91 -16
Miami FL 33143
E Butler
5975 SW 69 St
Miami FL 33143
C Thomas
5977 SW 69 St Unit 93 -16
MIami FL 33143
J &G Wilcox
5979 SW 69 St
Miami FL 33143
D. Wilcox -
5981 SW 69 St Unit 95
Miami FL 33143
W Godbolt
5983 SW 69 St
Miami Fl 33143
Y Love
5957 SW 69 St Unit 97 -17
Miami FL 33143
G Evins
5955 SW 69 St
Miami FL 33143
Sunset Miami Inv.
5995 Realty Corp.
M. Sontag
7450 NW 5 St
5995 SW 71 St
14540 SW 63 Ct
Plantation FL 33317
S Miami FL 33143
Miami FL 33158
W. Jones
Stortford NV
G. Elias
7440 S Ocean Dr. Apt.223A
848 Brickell Ave STE 1000
555 Pigeon Plum Ln.
Jenson Beach FL 33
Miami FL 33131
Miami FL 33137
C. Rosenbaum
R. Berkowitz
A. Mobley
PO Box 430082
7000 SW 59 Ave
3315 Rice St #9
Miami FL 33243
Miami FL 33143
Miami FL 33133
South Miami Masonic
R &W Spiegel
Char -Belt Inc.
Lodge #308 PO Box 431491
12101 SW 100 ST
1055 Ponce De Leon Blvd
Miami FL 33243
Miami FL 33186
Bellow, FL 34616
D. Shuey
Metro -Dade GSA R/E MGMT
M. Tyson
15831 SW 97 Ave
111 NW 1 ST STE 2460
6105 SW 69 St
Miami FL 33157
Miami, FL 33128
Miami FL 33143
C. Tarata
Doctors Hosp. - of So. Miami
T. Tucker
10404 SW 87 CT
% Marvin F Poer
6103 SW Unit 41 -7
Miami FL 33176
4901 NW 17 Way STE 405
Miami, FL 33143
Ft Lauderdale FL 33309
M. Tinsley
I. SARAOUR
G. Gavin "
1600 S Bayshore LN Apt.3C
14856 SW 82 St
6101 SW 69 St Unit 42
Miami, FL 33176
Miami FL 33193
Miami FL 33143
M. Quinlan
A. Building Inc.
B: Gillis
7001 SW 61 Ave
2424 S Dixie HWY
6119 SW 69 St
S Miami, FL 33143
Miami FL 33133
Miami FL 33143
S.Miami Prof Bld.
M. Montana
W. Harrell
1150 SW 1 St. STE. 214
3450 Rabbit Hollowe Cir.
6117 SW 69 St
Miami, FL 33130
Delray Beach FL 33445
Miami FL 33143
Secisa International
W. Levin
P. Jones
5975 Sunset Dr #108
5996 Paradese Pond Dr.
6115 SW 69 ST
Miami FL 33143
Miami, FL 33157
Miami FL 33143
V Breedlove
5953 SW 69 St Unit 99 -17
Miami FL 33143
F Holton
5951 SW 69 St Unit 100 -17
Miami Fl 33143
L Richardson
5969 SW 69 St Unit 101 -18
Miami Fl 33143
W Swain
5967 SW 69 St
Miami, FL 33143
M Barr
5965 SW 69 St
Miami FL 33143
L Jefferson
5963 SW 69 St Unit 104 -18
Miami FL 33143
N Bailey
5961 SW 69 St Unit 105 -18
Miami FL 33143
NOTICE OF PUBLIC BEARING
CITY OF SOUTH MIAMI
Building, Zoning & Community Development Department
6130 Sunset Drive, 2 "d Floor; South Miami, Florida 33143
Phone: (305) 663 -6325; Fax #: (305) 666 -4591
On Tuesday, June 27, 1995, at 7:30 P.M. in the Commission Chambers the Planning Board of
the City of South Miami will conduct a Public Hearing on the following matter(s).
ITEM: PB -95 -008
Applicant: Maryndale Corporation of Florida-
Request: Variance from Section 20-4.4 (F)(3), pursuant to § 20 -5.9, of the City's adopted
Land Development Code, in order to permit one handicapped parking space to
be located in the front yard setback of a property which is located in the RO
(Residential Office) zoning district.
Legal: Lots 4 and 5, of Block 3, in the "MAP OF LARKINS PINES" SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 24 at Page 20, of the
Public Records of Dade County, Florida.
Location: 7633 S.W. 62 Avenue; South Miami, Florida 33143
[A commercial property in the Residential Office district]
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED
A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE 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. (F.S. 286.0105)
PLANNING BOARD AND CITY COMMISSION PUBLIC HEARINGS WILL BE HELD IN CITY HALL,
LOCATED AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143, AT THE AFOREMENTIONED TIMES
AND DATES.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL
MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING.
THE PLANNING BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION
WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE
BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT THE
TIME AND DATE STATED ABOVE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED
TO CONTACT THE BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPARTMENT BY CALLING
663 -6325 OR WRITE TO: BZCD DEPARTMENT AT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143.
REFER TO HEARING NUMBER WHEN MAKING ANY INQUIRY.
jl"
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APPLICANT: tncv,,tot4kw cor xkon o� lckre-d
OWNER.: Same as at6aves
MAP REFERENCE:
COM�T-NTS: v
k. ao-y v0CA)
CITY SOUT9 MIAMI PLANNING 50A RD
Compass
A'-
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Drn_gll_o
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A3 - e 5 -CnS
Hearing No .......
0010001
EWA
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APPLICANT: tncv,,tot4kw cor xkon o� lckre-d
OWNER.: Same as at6aves
MAP REFERENCE:
COM�T-NTS: v
k. ao-y v0CA)
CITY SOUT9 MIAMI PLANNING 50A RD
Compass
A'-
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Drn_gll_o
�"- -k
A3 - e 5 -CnS
Hearing No .......
=INN
S
a
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APPLICANT: tncv,,tot4kw cor xkon o� lckre-d
OWNER.: Same as at6aves
MAP REFERENCE:
COM�T-NTS: v
k. ao-y v0CA)
CITY SOUT9 MIAMI PLANNING 50A RD
Compass
A'-
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Drn_gll_o
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A3 - e 5 -CnS
Hearing No .......
„ - n,�..,.•. ._.rte{_ hr.�•.��.}�.
�?' :P+Y^r.j: •. ;.L.:i:bti 1(i N*, . c%i%!'.�t%a`.i.'IF.ir.. -s: t:sd'•''A�'�- w.i.'iv' wi•
VO RTESYSUMEMLARY NOTICE
® CI?Y Of SODU1 MIAMI
® Building, Zoning & Community Development Department k
6130 Sunset Drive, 2"d Floor, South Miami, Florida 33143 -
Phone:. (305) 663 -6325: Fax #: (305) 666 -4591
On Tuesday, June 27, 1995, at 7:30 P.M. In the Commission Chambers the
Planning Board of tM.CIN.of -South Miami will conduct a Public Hearing on the
following matter(s).
An application to reduce the number of parking spaces required by the City for the
building located at 5996 S.W. 70 Street, so that an outdoor terrace maybe enclosed and the
entire facility may be used for medical purposes.
An applicatonn to allow a panting space for the physically challenged in the front
yard of a new office building so that the main entrance may be easily accessible
for wheelchair users.
For more information regarding these applications or any matter, please,
tali (305) 663 -6325
s
M,
0
COMPLETE L.
DEBRIS HAUL:
LICENSED & I:
COMMERCIAL
FRA1vgS LA1.
(305)233.936L'
FREE ESMWAT1
DOE
EXCES
The Childhood Anxi
auspices of the DE
University with the sc
specialty research c
assessments and
adolescents (7 -16 yy(
and anxiety proble
symptoms, he /she r
1) Specific and per
=noises, the
2) Persistent fear of
etc.).
3) Excessive anxiet,
4) Excessive anxiety
situation.
Call today for an
Happy G ET R EDDY
fathers
ZmAm
._INC.- Day FOR SUMMER
LET US -RE- DESIGN YOUR POOL -PATIO AREA
-•- - •• 0 Concrete Patios • Keystone • Cool Deck
• Pavers • Screen Enclosures
■-Cement & Epoxy Chattahoochee...
_- •Ail Types of Cement Decorative Flooring
L
ys >:s ,x
LIC. & INC.
385=4069 CC# 17973
FREE ESTIMATES
„ - n,�..,.•. ._.rte{_ hr.�•.��.}�.
�?' :P+Y^r.j: •. ;.L.:i:bti 1(i N*, . c%i%!'.�t%a`.i.'IF.ir.. -s: t:sd'•''A�'�- w.i.'iv' wi•
VO RTESYSUMEMLARY NOTICE
® CI?Y Of SODU1 MIAMI
® Building, Zoning & Community Development Department k
6130 Sunset Drive, 2"d Floor, South Miami, Florida 33143 -
Phone:. (305) 663 -6325: Fax #: (305) 666 -4591
On Tuesday, June 27, 1995, at 7:30 P.M. In the Commission Chambers the
Planning Board of tM.CIN.of -South Miami will conduct a Public Hearing on the
following matter(s).
An application to reduce the number of parking spaces required by the City for the
building located at 5996 S.W. 70 Street, so that an outdoor terrace maybe enclosed and the
entire facility may be used for medical purposes.
An applicatonn to allow a panting space for the physically challenged in the front
yard of a new office building so that the main entrance may be easily accessible
for wheelchair users.
For more information regarding these applications or any matter, please,
tali (305) 663 -6325
s
M,
0
COMPLETE L.
DEBRIS HAUL:
LICENSED & I:
COMMERCIAL
FRA1vgS LA1.
(305)233.936L'
FREE ESMWAT1
DOE
EXCES
The Childhood Anxi
auspices of the DE
University with the sc
specialty research c
assessments and
adolescents (7 -16 yy(
and anxiety proble
symptoms, he /she r
1) Specific and per
=noises, the
2) Persistent fear of
etc.).
3) Excessive anxiet,
4) Excessive anxiety
situation.
Call today for an
J W1 47-c-Q —.b 77J 1O • d .. a E E Ur ,7u1� I rl I d a "1 I't
8 Signatures Required
ZONING PETITION
-dommoh. CITY OF SOUTH MIAMI
AM 1
W76130 Sunset Drive, 2 n' Floor Fax #: (305) 666 -4591
South Miami, Florida. 33143 Phone: (305) 663 -6325
Petition: We, the undersigned property owners, are within 500 feet of the above property.
We understand and approve of the following Request(s):
PB -95 -008
Applicant:
Request:
Location:
Name
Maryndale Corporation of Florida
Variance from Section 20- 4.4(F)(3), pursuant to § 20 -5.9, of the City's adopted
Land Development Code, in order to permit one handicapped parking space to be
located in the front yard setback of a property ,which is located in the "RO"
(Residential Office) zoning district.
7633 S.W. 62nd Avenue
South Miami, Florida 33143 ;
Date
Address
l l
_-ning Petition Page 1 of 2
A WWI
r
.1 "Tal MAN
l l
_-ning Petition Page 1 of 2
ZONING PETITION
(Continued from Page 1)
petition. we', the undersigned property owners, are
within 500 feet of the above property.
We understand and approve of the request (s)
listed on the preceding page.
Name Da to Address
11
-i2-9S
12
27 ry 7- /o'i
1 % - -�
(t rt-r S
Zoning Petitions Page 2 of 2
LS
- - - kk��-
Jurf
June 27, 1995
To whom it may concern,
It is with much regret that Hayes C. Bowen and Scott M. Sasich,
residents and home owners in South Miami, are unable to attend
tonight's meeting. Please allow this letter to serve as our strong
opposition to the variance being requested by Sands Resorts for the
property on 62nd Avenue. Other businesses on that street have
complied with codes and restrictions directly related to handicap
parking as should Sands Resorts. Having one or two handicap parking
spaces in the front of the building will only invite misuse and abuse. In
addition, the "bright blue" handicap signage out front will be an
unnecessary indicator of that commercial business, which does not
directly serve South Miami or its' residents.
Your strong consideration of our opposition is appreciated, not only by
us, but the rest of the community this variance would affect.
Sincerely,
Scott M. Sasich and Hayes C. Bowen
W
Mr. Giorgio Balli, architect, signed in and spoke before the Board.
Mr. Balli explained that in maintaining RO district standards, the
main entrance to the office is in the front of the structure. Mr.
Balli further explained that as the main entrance is in the front,
so will be the proposed handicapped parking space, thereby making
the front entrance readily accessible to handicapped visitors and
keeping in spirit with ADA requirements for accessibility.
Mr. Lef ley noted that similar buildings in the area contain parking
spaces in the rear. Staff responded that construction in the
vicinity took place prior to code requirements, both LDC and ADA,
that are in effect at the present time.
Mr. Fabriazo Balli, of 8450 SW 57 Avenue, signed in and spoke in
favor of the request. Mr. Balli stated that the application
consists of a "parking modification" to a building that has been
previously approved.
Mr. Giorgio Balli, property owner at 5885 SW 73 Avenue, signed in
and stated that placing the proposed parking space in front of the
subject property enhances accessibility for the handicapped, making
the application a "viable" one for the approval of a variance.
At this time, the Board heard several South Miami citizens,
including Mr. Louis U1man, Ms. Linda Ulman, and Mr. George David,
voice their complaints regarding parking problems in the vicinity
of the subject property. The consensus from the property owners'
complaints was that the parking problems are negatively impacting
their neighborhood.
PB Min 6/27/95 _--
R
PB -95 -008
Applicant:
Maryndale Corporation
of Florida
Request:
Variance from Section
20 -4.4 (F) (3), pursuant to
Section 20 -5.9, of
the City's adopted Land
Development Code, in
order to permit one handicap
parking space to be
located in the front yard
setback of a property
which is located in the "RO"
(Residential Office) zoning district.
Location:
7633 SW 62 Avenue; South Miami, Florida 33143
(A commercial property in the Residential Office
district)
Ms. Zeller
read the request. Staff
gave background information
pertaining
to the application and
reviewed the condition for
approval of
the request.
Public hearing was opened.
Mr. Giorgio Balli, architect, signed in and spoke before the Board.
Mr. Balli explained that in maintaining RO district standards, the
main entrance to the office is in the front of the structure. Mr.
Balli further explained that as the main entrance is in the front,
so will be the proposed handicapped parking space, thereby making
the front entrance readily accessible to handicapped visitors and
keeping in spirit with ADA requirements for accessibility.
Mr. Lef ley noted that similar buildings in the area contain parking
spaces in the rear. Staff responded that construction in the
vicinity took place prior to code requirements, both LDC and ADA,
that are in effect at the present time.
Mr. Fabriazo Balli, of 8450 SW 57 Avenue, signed in and spoke in
favor of the request. Mr. Balli stated that the application
consists of a "parking modification" to a building that has been
previously approved.
Mr. Giorgio Balli, property owner at 5885 SW 73 Avenue, signed in
and stated that placing the proposed parking space in front of the
subject property enhances accessibility for the handicapped, making
the application a "viable" one for the approval of a variance.
At this time, the Board heard several South Miami citizens,
including Mr. Louis U1man, Ms. Linda Ulman, and Mr. George David,
voice their complaints regarding parking problems in the vicinity
of the subject property. The consensus from the property owners'
complaints was that the parking problems are negatively impacting
their neighborhood.
PB Min 6/27/95 _--
R
In regard to the application being considered tonight, Mr. George
David, of 7541 SW 61 Avenue, opined that a parking space in front
of a structure in the RO zoning district detracts from the
residential appearance of such structures.
Mr. David Tucker spoke once again before the Board. Mr. Tucker
emphasized the importance of furnishing "ingress and egress" to the
handicapped individuals of society, which ADA regulations provide.
Mr. Giorgio Balli, architect, returned to speak before the Board.
Mr. Balli remarked that while problems involving parking may exist
for people living in the vicinity of the property, he stated that
the issue at hand involved the granting of a variance for a
handicapped parking space.
Staff then entered into the record two letters from South Miami
citizens Jeanne Smith - Rosenberg, and Scott Sasich and Hayes Bowen,
who stated that they were in opposition to the granting of a
variance for a handicapped parking space in front of the subject
property.
Mr. George David returned to speak before the Board. Mr. David
reiterated his position that it is preferable to have handicapped
parking in the rear of the property, along with all other parking.
Mr. Louis Ulman also returned to speak to the Board. Mr. Ulman
asked that everyone keep in mind the relationship between the
governing body on the one hand and the governed citizenry on the
other, and how decisions of a particular body affect the general
welfare of the citizenry,; particularly when commercial interests
are involved.
Mr. Lefley closed the public hearing by responding to the citizens'
comments regarding parking problems in the vicinity of the subject
property. He indicated that these problems can be brought to the
attention of the City Manager and City Commission.
Executive session was opened.
In response to Mr. Basu's inquiry regarding knowledge of parking
violations in the area, Mr. Mimms stated that he had consulted with
code enforcement staff on the matter, and that any violations noted
on file had been-promptly addressed. Mr. Mimms stated that the
City will address the issue of overflow parking into neighborhoods
in the vicinity at a future date.
PB Min 6/27/95 __
4
Mr. Basu remarked that as long as handicapped individuals have
equitable access to the building, the handicapped parking space can
be placed in the rear along with all other parking on the property.
Staff noted that due to the configuration of the lot, which is
currently vacant, restrictions of the RO zoning district, and
interpretations of ADA and Florida Accessibility Code requirements,
the applicant proposed that what has been presented is the most
economical and "workable" site plan available.
A discussion among Mr. Bal l i , staff, and the Board ensued regarding
the arrangement of parking spaces at the subject property.
Upon Mr. Lefley's inquiry regarding the conversion of a covered
parking space in the rear to a handicapped space, Mr. Balli opined
that the handicapped would be better served by having a respective
space in front of the proposed building.
Mr. Kerr summarized by emphasizing that the issue before the Board
tonight was consideration of a variance for a handicapped parking
space.
Motion: Mr. Kerr moved approval of the application, as presented.
Motion failed for lack of a second.
Motion: Mr. Basu moved denial of the variance, on the condition
that the Florida Accessibility Code does not require the
handicapped space in front of the building, as proposed in the
application. Ms. Zeller seconded the motion.
Vote to deny: Approved: 5 Opposed: 1
(Mr. Kerr)
IV.
Remarks.
City's Land Development Code:
Staff explained that updated copies of the Land Development Code
were being provided to the Board.
Issues before Planning Board:
Following Mr. Lefley's inquiry regarding issues brought before the
Board, Staff responded that it is advisable for the Board to first
hear the advertised matter, then allow corresponding issues to be
heard once the advertised concern has been closed.
PB Min 6/27/95 _,._. 5
I
Notification to the public:
A lengthy discussion ensued between the Board and staff involving
public notification of advertised matters that come before Planning
Board. The Board noted its concern that the City lacks proof
(e.g., return receipts) that affected property owners have been
notified of advertised matters.
V. Adjournment.
Chairperson
Secretary
PB Min 6/27/95 6
.�
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
32
33
0
READ AND APPROVED AS TO FORM:
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
Metropolitan Dade County Gede Ordinance 90 -73; provided, however,
that:
a. The City may adopt an ordinance providing for cable
television regulation in form and substance similar
to Ghapter--BAA of t- Metropolitan Dade County eede
Ordinance 90 -73. The City ordinance shall be
substantially similar to the draft ordinance, which
is annexed and made a part of this settlement
1
b.
c.
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
agreement (referred to as "cable television
regulations");
The term of the 10 year renewal period shall begin
July 30, 1995; and,
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 the City to purchase
purehaeing new, good quality studio equipment. The purpose of such
equipment is to: (1) replace the equipment now utilized to provide
live
and
taped
broadcasts of
City Commission
events:
(2) provide
the
City
with
fixed rotating
cameras inside
the City
Commission
room that are to be remote controlled: and. (31 provide the Cit
with hand held cameras for live or taped broadcasting of events
from anywhere within the city limits. Cable Satellite provided to
the City with an equipment list and a good faith cost estimate that
the ees-t shed ld net exceed— $4v,00v -: 00. in the event that t is
eq nt-is net adequate - €ems -- the - -amity' s- purpose, er the ee
epeeeels- $40,- 090.00, Gable Satellite agrees- repay -any easeAable
EPquest by-- the -C-lty -ems -teas additleeal $10,009.90'. of such
equipment to accomplish the above identified purposes The City
agrees that the equipment identified on Cable Satellite's list
should accomplish said purposes
2
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
After receipt of the $40,000, the City shall obtain a good
faith cost estimate for the equipment. If the City's good faith
cost estimate exceeds $40,000.00, within 15 working days after
receipt of the $40,000 payment, the City shall deliver to Cable
Satellite the cost estimate. Within 15 working days after receipt
of the City's good faith cost estimate, Cable Satellite shall
either (a) pay to the'City the difference between the City's good
faith cost estimate and $40,000.00, but, in no event, shall such
Payment exceed $10,000.00; or (b) deliver to the City a current
good faith cost estimate for such equipment. If Cable Satellite's
current good faith cost estimate does not exceed $40,000.00 Cable
Satellite shall not be obligated to pay the City any additional
SUMS. If Cable Satellite's current good faith cost estimate
exceeds $40,000.00 but is less than the City's good faith cost
estimate, Cable Satellite shall pay to the City the difference
between Cable Satellite's good faith cost estimate and S40,000.00.
4. In the event that Cable Satellite applies for a transfer
of its license to a qualified purchaser of the system, the City
shall 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 aad
3
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
September 5, and September 12, 1995 meetings. The City shall pay
the costs of advertising any required publications of notice.
6. Upon adoption of an ordinance granting a renewal license
consistent with the provisions of this settlement agreement:
a. Cable Satellite shall, within 5 days, 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.
CITY OF SOUTH MIAMI:
By:
Edward C. Cox, City Manager
4
CABLE SATELLITE OF'SOUTH
MIAMI, INC.
By:
Rick Hensley, General Manager
Case No. 95 -1481 CIV- Moreno; Magistrate Judge Garber
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
Settlement Agreement was mailed to: Hector R. Rivera, Esq.,
Bienstock & Clark, First Union Financial Center, 200 S. Biscayne
Blvd., Suite 3160, Miami, Florida 33131 this day of
September, 1995
EGG /egg /sgs
cablese2.agt
5
Of Counsel
JEANNETTE E. ALSO
RAUL A. ARENCIBIA
GUY B. BAILEY, JR.
ELIZABETH S. BAKER
KATHY J. BIBLE
SCOTT L. CAGAN
TIMOTHY CONE
STEVEN CARLYLE CRONIG
JAMES C. CUNNINGHAM, JR.
RICHARD M. DAVIS
EARL G. GALLOP
JUDITH B. GREENE
JESSE C. JONES
KARIN B. MORRELL
BAILEY & JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
COURVOISIER CENTRE • SUITE 300
501 BRICKELL KEY DRIVE
MIAMI, FLORIDA 33131 -2623
TEL. (305) 374 -5505
FAx (305) 374 -6715
August 24, 1995
via telefacsimile - 358 -1226
r Hector R. Rivera, Esq.
Bienstock & Clark
First Union Financial Center, Suite 3160
200 South Biscayne Boulevard
Miami, FL 33131 -2367
Re: Cable Satellite v. City of South Miami
Our file no. 9447 -10
Dear Mr. Rivera:
OF COUNSEL
LAWRENCE S. EVANS
J. BRUCE IRVING
ROBERT E. SCHUR
SENIOR COUNSEL
WM. R. DAWES
I enclose a revised settlement agreement. It incorporates
your changes, with one exception. Regarding payment by Cable
Satellite for studio equipment for any amounts above $40,000, I
included a provision that permits your client to review and approve
the City's list before a purchase order is issued, or to provide an
alternative equipment list. I believe this avoids the problem that
your client had with the possibility that the City might submit a
bill to it over which it had no control, and the problem my client
would have the an agreement to merely negotiate does not include an
obligation to pay where the parties do not agree on the equipment
or costs.
The change regarding an additional hearing on September 12
concerns only the ordinance issuing the renewal license.
- Compliance with the special public notice provision in art. VI, §
5 of the city charter, requiring publication of notice of hearing .
once a week for two weeks, not less than 14 days before the hearing
on the adoption of the ordinance, necessitated the change. Failure
to compliance with the special notice provision would provide a
third party an easy basis to challenge the issuance of the license.
I am having the cable television regulations ordinance revised
in line with your changes. I will review the document for
conformity with the city charter and deliver it to you tomorrow
morning.
EGG: egg
Rivera.ltr
Very truly yours,
r
Earl G. Gallop
BAILEY & .JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CABLE SATELLITE OF SOUTH )
MIAMI, INC., t
}
Plaintiff, }
}
vs. )
THE CITY OF SOUTH MIAMI, )
FLORIDA, }
}
Defendant. I
}
CASE NO, 95 -1481 CIV- MORENO
Magistrate Judge Garber
VOLUNTARY DISMISSAL
WITH PREJUDICE OF ALL CLAIMS
Plaintiff, CABLE SATELLITE OF SOUTH MIAMI, INC., by and through its
undersigned counsel, hereby voluntarily dismisses this cause with prejudice, each
party to bear its own attorneys' fees and costs.
AS TO THE DISMISSAL AND
AGREED AS TO ATTORNEYS'
FEES AND COSTS:
Hector R. Rivera, Esq.
Counsel for Cable Satellite
of South Miami, Florida
1
AGREED AS TO ATTORNEYS'
FEES AND COSTS:
James C. Cunningham, Esq.
Counsel for The City of South
Miami, Florida
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
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f /k/a Miami Review, a daily (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
SEPTEMBER 5, 1995
RE: CABLE SATELLITE OF
SOUTH MIAMI, INC.
in the .......... XXXXX ... Court,
was published in said newspaper in the Issues of
Aug 25, 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 affiant further says that she has
neithe aid nor promised any person, firm or corporation
any cunt, rebate, commission or refund for the purpose
of s ng this advertisement for publication in the said
ne pbper.
Swom to and subscribed before me this
25 August 95
...... day of .................. ,.tV P 4.D. 19......
(SEAL) / e
! C �
Sookle Williams personally know109.�
qN•
OMCIAL NOTARY SEAL
v1ERt1. H MARMER
('06 +bt ='t;..:Ak)N NO- CC1916A2
EXI'. AYR. 12.19%
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY given that
o(t Tuesday, September 5, 1995
1 the City Commission of the City of
South Miami, Florida will hold a
Public Hearing, in the City Com-
mission Chambers, 6130 ' Sunset
Drive beginning at 7:30 p.m., to
consider the approval of a settle-
ment agreement with Cable Satel-
lite of South Miami, Inc.-
ALL interested parties are invited
to attend and will be heard.
inquiries concerning this item
should be- drected to the- -City
Manager's Office at: 663 -6338.
Ronetta Taylor, C_MC
City Clerk _
City of South Miami
Pursuant to Florida Statute
286.0105, the City hereby advises
the public that if a parson decides
to appeal any decision made by
this Board, Agency or Commission
with respect to any matter consid-
ered at its meeting or hearing, he
or she will need a record of the
proceedings, and that for such pur-
pose, affected person may need to
ensure that a verbatim record of
the proceedings is made which re-
cord includes the testimony and
evidence upon which the appeal is
to be based. -
8125 95- 3- 082570M
® CITY OF SOUTH MIAMI
= INTER- OFFICE MEMORANDUM
To: Mayor & City Commission Date:
_e ox C �
From: die Cox /
City Manager
/15�
August 25, 1995
Agenda Item #15
Re: Comm. Meeting 9/05/95
This resolution provides approval of a Special Events Application
for the 24th Annual South Miami Art Festival sponsored by the
Chamber South. Our procedures require Commission approval for
large events such as this one.
The resolution also provides a contribution of $3,000 from account
#01 -11 -9900 from the City of South Miami to support this event. In
the past, the City has provided an in -kind contribution of
necessary personnel from the Police and Public Works departments
for this event. The proposed 1995 -96 budget provides for a
contribution of $3,000 from the city instead of providing an
unspecified in -kind donation. The resolution specifies that the
contribution is contingent upon approval of the 1995 -96 budget.
The Art Festival is one of the largest events held in this city,
and it brings a great deal of positive publicity for us. I
recommend approval.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING THE SPECIAL EVENTS APPLICATION FOR THE 24TH
ANNUAL SOUTH MIAMI ART FESTIVAL SPONSORED BY THE CHAMBER OF COMMERCE
ON NOVEMBER 4 AND 5, 1995, AND PROVIDING A CONTRIBUTION OF $3,000 FOR
SPONSORSHIP OF THE EVENT. CONTRIBUTION TO BE PAID FROM ACCOUNT #01-
11 -9900 CONTINGENT UPON APPROVAL OF THIS ITEM IN THE PROPOSED 1995 -96
BUDGET.
WHEREAS, each year, the Chamber of Commerce (Chamber South)
sponsors an Arts Festival in the City of South Miami as a fundraiser,
and
WHEREAS, the City of South Miami benefits from this event through
positive publicity and from the approximately 30,000 people who will
come to the city to enjoy this event, and
WHEREAS, the City Commission wishes to support this event by
contributing $3,000 in lieu of an in -kind contribution of personnel
necessary to carry out an event of this magnitude,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Commission approves the request by the
Chamber South to hold the 24th Annual South Miami Art Festival on
November 4 and 5, 1995, and to provide sponsorship of the event with a
contribution of $3,000 contingent upon approval of this itme in the
proposed 1995 -96 budget.
PASSED AND ADOPTED this day of , 1995
APPROVED:
NEIL CARVER, MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
ROUTING FLIP
DA TE:
TO: 06;14
d
Please review and forward to the next person on the list. Your
immediate attention is requested:
Please initial and date below:
/ -I >>
!r
l �va�a FNA ",-
'��-
�l�'j� /dt uur 't` /•� �O��Lr�Hro °'t'ik�dJ�itt�
® CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, FL 33143
305- 663 -6338
SPECIAL EVENT PERMIT APPLICATION
1. Application for the purpose of conducting a Special Event in the City of South Miami shall be filed in
the Building and Zoning Department, not less than twenty -one (21) days prior to the effective date together
with all the requirements.
Name of Organization Chamber SQuth
Telephone 661 -1621 (office) 238_9728 (Home)
Address of Organizatiod)410 S.W. 80 Street, South Miami, 33143
Name of Principal officers and/or manager of Organization:
President Donna Masson Secretary Pam Weller
Address same as
above
Address same
as above
Office Phone same
as above
Office Phone
same as above
Briefly describe event and purpose:
The 24th Annual South Miami Art Festival is a fine art show which
brings over 200 artists to Sunset Drive. It is a fundraiser for
tFie Chamber ot commerce.
Location of Event '(Name Streets/CityPark) Sunset Dr. between Red Rd. & US 1
(A rental fee may be applicable if a City Park is being utilized)
The proposed date(s) and hours of operation:
Set -up dates and times Nov. 4, 7:00 AM
Clean -up completed by R - nn pM, Nnv _ 5
To what extent, if any, would the city benefit: Over 30, 000 potential shoppers, image inhancement
Give any additional information deemed pertinent to this application:
The following person(s) will in be in direct charge of conducting the activities:
Name Donna Masson Address same as abovPhone
Name(s) of person(s) who must be on site with authority other than applicant to expend funds or make
major changes in case of an emergency:
Name Address Phone
Paul Vrooman same as above
lRosa Brito same as above
1
i ne following firm(s) will be utilized to promote this event:
Name n/a Address Phone
Approximate number of Participants 220
Spectators 30,000
2. GENERAL REQUIREMENTS
A. In the event of a parade, a permit from the South Miami Police Department must be obtained.
B. When marking any public street, curb, and/or right -of -way no permanent marking substance may be
used. All marking agents must be removed immediately after the completion of the event.
Please initial
C. Barricades shall require an additional rental fee established by the Public Works Department.
D. Any temporary cover for stations such as a canopy shall be flame retardant and applicant shall provide
proof of such certificate.
E. No pegs, stakes, or anchoring devices shall be driven into concrete, asphalt, or City hardened right -of-
way. Please initial
F. If police service for traffic and/or crowd control is required, arrangements can be made through the City
of South Miami Police Department for off-duty police officers. The Police Department will determine the
number of officers required.
3. SPECIFIC REQUIREMENTS
A. Map of route or site plan of the scheduled event including all stations and descriptions of activities.
B. A majority vote of approval (one -month in advance) by the City Commission will be required for large
events.
C. Deposit of Five Hundred Dollars ($500.00) to defray cost of litter clean -up, must accompany application
plus hermit fee of $50.00. If clean -up is not required, deposit may be refunded. The litter deposit may
differ depending upon the event.
D. Public liability insurance coverage certificate naming the City of South Miami as an addftionaf insured
for the time, ate, p ace and name of the event, in the amount of $1,000,000 is required.
Signed: Name Title
Address Phone
Subscribed and swom to before me, this day of , 19
Notary Public State Florida at Largel
FEE: $50.00
Received
REVIEW BY CITY OF SOUTH MIAMI DEPARTMENTS (Provide estimate of numberof personnel required from
your department to provide appropriate services for this event, along with an estimate of cost to applicant.)
City of South Miami Police Department
sc�f/�Oit =f-)
/s
Authorized Signature
Department Public Works
Authorped
APPROVAL BY CITY MANAGER
DATE
City ®►f S ®ut1,x �+r�i.aYni
Po]..s.ce Depar-tnterit
=NT3ER— OFF' =C� �IE1�dORANDUM
TO: ALL CONCERNED PERSOI,
FROM: CAPTAIN G.
D IRUARY 15, 199
SUBJECT: CRAFT FESTIVAL DETAIL
The listed personnel are working the Craft Festival at the listed
times:
Saturday, „2. /25
0530 -1.000
1. Capt. Feldman 1 C
2. Det. Ross
3 Ofc. Vesely
4. Ofc. Corbin `7 ` U
5. Ofc. Garner
6. Ofc. Linick
1000 -1500
1. Capt. Feldman -
2. Ofc. Ball . 412-e v
3. Ofc. Vesely
P-4-1q!xZV1,W
1.
Capt.
Feldman -
2.
Ofc.
Ball
3.
Ofc.
Corbin ZyD
4.
Ofc.
Gam-
1900 -2300
1. Ofc. D'Angelo AD
2. Ofc. Abbott
Sunday, 2/26
2300 -0300
1. Ofc. ,BS.•QJ,,&,AW c97-r
2. Ofc. Remmen _ .,V.
1. Det. Ross
2. Ofc. Remmen
R-A�Mljl
1. Capt. Feldman /co-
t. Det. Ross
3. Ofc. Ball
4. Ofc. Garner
1100 -1500
1.
Capt.
Feldman /",
2.
Ofc.
Ball b/ - NGCZL) iT
/(oD. 3 :-� Ofc.
Corbin /c{ aG
1500 -�ese
°ZZrry
1.
Capt.
Feldman
M= !7S
2.
Det.
Ross
3..
Ofc.
Corbin
4.
Ofc.
D'Angelo
5.
Ofc.
Linick
6.
Ofc.
Garner /Vo.
Personnel shall report directly to the Festival grounds.
15' GF /sv
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POLICY N1MF1 =ft
tYTE Ot fSUnnNCt? 1`01.ICY IF11100
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Frrnr,lvn Onto ra t 7itntion nnte
(3t hggitlttittq of pr,liry ro,rn,)
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Mt)CY NUMBER
TYrE Or I1`19Ut1ANCR
'haft" Mid MMm". of (:rrlif(- 0 I In4i�r
City Of South Miami
6130 Sunset Drive
Miami, Florida 33143
Attn: Ed Cox
1 mgp
477 w" 0 4 n.. I- 71 In tr
POLICY It1110b
Eflnr-.tivn tlntp t Cxplrallon U:tfn
I
LIMlis Or LIABit irr
(at beg;nning of policy pnrincl)
It any or Ilta r(ncrrjtY l pt15(ir-!- -If" r.,r,cele`1 (drrrn
rvlrir.qt;nll rtnla. Strlr Far will by t0 nlntl n •.v,1jtwl nr'r "
litf+ rrr1111 -to 1x?4jnr � ttavc Weve Ml,n+rl•Hr•1,
Iw,wcvgr, wr? r-A It, rnnfl cli-'h nMitr+, l , t ,F(Intinn rr Rahf
will (In IrnPOepd n) SIMI? farm or ;4e PO ^rlta t+r rrf•rew.nl
Jim ughes, CLU
7...«......, � ran a.....- ..f.,.. -
__��t l-�- June 30, 19
_) - —
Name of Event:
City of South Mi
FOOD SERVICE AT SPECIAL EVENTS
AR� Fe-ESA-VA� -
Contact: � o n. n A- /"I C-C S so ry
Phone Number: � (:::, l -- f (" Z /
Food vendors will be e/ ti ^.i11 not be serving food at this event.
If no food services is planned as part of your event, you need only check the
appropriate response above, and sign the space provided at the bottom of this
form.
If food vendors will be serving food during your event in the City of South Miami,
you must comply with the following procedures.
1) Restauranteurs with existing licenses may serve food at sidewalk -type events, as long as the
event does not exceed three days and the sidewalk is immediately adjacent to the licensed
establishment from which the food is to be served.
2) Restauranteurs with existing licenses must obtain a temporary license from the Department of
Business Regulation for the State of Florida, Hotel & Restaurant Division, when events exceed
three days or when food is not served adjacent to the permanent location.
3) All other food servers must obtain a temporary license from the Division.
4) Restauranteurs/vendors serving food at festivals or special events must provide proof of
licensure to the City prior to any event.
51 Restauranteurs with permanent licenses that are exempt from temporary licensure requirements
(food served immediately adjacent to the establishments at events of three days or less) must
post a copy of their permanent license at their stand.
Food vendors not complying with these requirements will be required bV the City
to close down their operation immediately.
Signature Date
Proof of License (if applicable) received by City of South Miami
City Manager /Designee �— Date !
Copy to Code Enforcement
I"
L�e�,
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City Commission
o ddie Cox
City Manager
FB-
Date: August 30, 1995
Agenda Item #16
Re: Comm. Meeting 9/05/95
The attached ordinance will adopt a millage rate of 6.80 for the
City of South Miami for fiscal year 1995 -96.
This rate represents an increase of 5.15 a, and exceeds the rollback
rate by 8.970.
I recommend approval.
1
2
3
4
5
6
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, FIXING THE MILLAGE AT 6.80 WHICH
EXCEEDS THE ROLLBACK RATE BY 8.970, RESULTING IN A
PROPERTY TAX INCREASE OF 5.15% IN THE CITY OF SOUTH
MIAMI, FLORIDA, FOR THE FISCAL YEAR 1995/96.
7 WHEREAS, pursuant to Section 200.065, Florida Statutes, tax
8 assessments for all real property within the jurisdiction of the
9 City of South Miami has been made by the property appraiser for
10 Dade County for the fiscal year 1995/96; and
11 WHEREAS, pursuant to the above -cited statutory provision, the
12 Mayor and City Commission are required to adopt a tentative, and
13 thereafter, a final millage rate of the taxing jurisdiction of the
14 City of South Miami.
15
16
17
18
19
20
21
22
23
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. There shall be and hereby is levied upon real
property in the City of South Miami, Florida, a tax of 6.80 mills
on the dollar for the fiscal year 1995/96 for the operation
expenses of the government of the City for the fiscal year
beginning October 1, 1995, and ending September 30, 1996. This
millage rate exceeds the rollback rate by 8.97% and this will
result in a property tax increase of 5.15 %.
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25 1995.
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Section 2. This ordinance shall take effect on October 1,
PASSED AND ADOPTED this 19th day of September, 1995.
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31 ATTEST:
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33 City Clerk
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/4
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
4 _i 1
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor & City CoTission
From. Eddie Cox
City Manager
9N
Date: August 30, 1995
Agenda Item # 17
Re: Comm. Meeting 9/05/95
The attached ordinance provides for the adoption of the fiscal year
1995 -96 budget and pay plan for the City of South Miami in the
amount of $8,754,570, as presented.
This ordinance shall take effect on October 1, 1995.
I recommend approval.
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1 ORDINANCE NO.
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
3 OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $8,754,570
4 AND PAY PLAN FOR THE 1995/96 FISCAL YEAR.
5 WHEREAS, the City Manager has submitted a proposed budget
6 together with a budget message and supporting schedule including a
7 pay plan; and
8 WHEREAS, pursuant to Chapter 200, Florida Statutes, the Mayor
9 and City Commission are required to adopt a tentative, and
10 thereafter, a final budget for the City.
11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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Section 1. The Budget for the fiscal year, as submitted by
the City Manager, including the pay plan, as filed in the City
Clerk's Office, in an amount of $8,754,570 be and the same is
hereby approved.
Section 2. This ordinance shall take effect on October 1,
1995.
PASSED AND ADOPTED this 19th day of September, 1995.
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24 ATTEST:
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M
f7
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
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