06-04-91jo
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING Next Resolution: 75 -91 -9139
7:30
p.m. Next Ordinance: 16 -91 -1481
June
4th, 1991 Next Commission Meeting: 6/11/91
* *Summer Schedule **
A.
Invocation
B.
Pledge of Allegiance to th.e Flag of the United States of
America
C.
Presentations-:
D.
Items for Commission Consideration
a. Approval of Minutes: May 21, 1591
b. City Manager's Report
C. City Attorney's Report
P�f_
ORDI'NANCES' - THIRD READING AND PUBLIC HEARI'fYG:
4.
An Ordinance of the Mayor and City Commi.s-sion of the ity
of South Mia-mi , Florida , auth.ori,zi,ng th.e City. Manager to
P70) 0
negotiate and execute all necessary documents for the
financing of the construction of a new•Public Works Department
facility by a fifteen (15) year loan of $650',00.0.00 payable
from the General Revenues of the City using the City's
Revolving Trust Fund as- collateral to the extent required
without otherwise liening the Ci'ty'-s assets for the repayment
of the loan; providing for ordinances or parts of ordinances
in conflict; providing for severabili-ty and providing for
an effective date.
(Vice - Mayor). 4/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
/the OCity
5.
An Ordinance of the Mayor and City Commission of of
South Miami, Florida, amending Ordinance No. 33 -80 -1992, to
correct a scrivener's error in the legal description therein
to read as follows: that certain unimproved right -of -way located
on Southwest 60th Avenue between southwest 80th street and
southwest 81st .'street, South Miami, Florida, which unimproved
right -of -way is bordered on the east by Tract 14 and bordered
on the west by Tract 11, both Tracts being in the revised plat
of a portion of the amended plat of Palm Miami Heights and
n
providing for an effective date.
1c�1 (City Attorney) 3/5
1,
t6.
An Ordinance of the City
of South Miami, Florida, amending
Ordinance 5 -91 -1470 of the City of South Miami, Florida to
provide a limitation on fines for delinquent occupational
license renewal; providing for severability; ordinances in
conflict; and an effective date.
(City Attorney) 3/5
RESOLUTIONS FOR PUBLIC HEARING:
7.; A Resolution of the Mayor and City Commission of the City of
South Miami, Florida abandoning and vacating a portion of
Riviera Court, south of SW 53rd Terrace and legally described
hereinbelow; retaining certain utility rights; and providing
for an effective date.
(Planning Board /Adm.) 3/5
OFFICIAL AGENDA
June 4th, 1991
Page 2 of C�l
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, denying an appeal from the
Environmental Review and Preservation Board by Victoria Alonso
with regard to a porch addition for the property commonly
known as 4224 SW 60 Place, South Miami, Florida 33143.
L 9(q-- gI-,gIqa (City Attorney) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to negotiate
a contract for Architectural Services with Hatcher, Zeigler,
Gunn & Associates for improvements to the City's Public Works
Yard and Police Department. (City Manager) 3/5
10. A Resol.ution of the Mayor and City Commission of the City
of South Miami, Florida, authorizing the City Manager to
disburse the sum,of $ representing the balance
of an agreed adjustment to fees incurred for legal representation
by Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with
Litigation regarding the City's Comprehensive Plan.
`l(I -q/ -0114( (City Manager) 4/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing a waiver of bid procedures
p� for the purchase of one Cushman Model 454 Police Vehicle for
the City's Police Department; authorizing an expenditure not to
exceed $3,168.00 to Cushman of Ft. Lauderdale, Inc.; charging
the disbursement to Account No. 1110 -4820: "Police- Operating
Equipment ".
ZJ 12 A Resolution of he Mayor �and llCity Commission of the City of
South Miami, Florida,. authorizing the City Manager to disburse
the sum of $14,856.00 to Barton - Aschman Associates,.Inc.,
representing fees incurred for expert witness preparation and
testimony in conjunction with litigation regarding the City's
Comprehensive Plan. (City Manager) 4/5
13. A Resolution authorizing the City Manager to advertise for
a request for proposals to provide auditing services as
required pursuant to Article IV, Section 4 E. of the Charter
of the City of South Miami, Florida. (Mayor McCann) 3/5
ORDINANCES - FIRST READING:
14. An Ordinance amending Section
Development Code of the City
withdraw the automatic bar to
site if an objection is filed
for severability; ordinances
26-5.17 (D)(3) of the Land
of South Miami, Florida, to
designation as an historic
by the property owner; providing
in conflict and an effective date.
(City Attorney) 3/5
15. An Ordinance amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions
for catering services; restaurant, restaurant, accessory; and
restaurant, fast food; deleting eating place definition from
Section 20- 3.3(E); deleting eating place (accessory) from
/Section 20 -3.3 (E); providing the aforesaid restaurant
categories as a special use in Section 20 -3.3 (E); providing
special use conditions for restaurant and restaurant, fast
food in Section 20 -3.4 (B)(4); providing for severability;
providing for ordinances in conflict and providing for an
effective date. (Mayor McCann) 4/5
ORDINANCES - FIRST READING (continued):
16. An Ordinance amending Ordinance No. 12 -90 -1451 to provide
written approval of private property owners for newsracks
installed on private property; providing for severability;
providing for ordinances in conflict and providing an
effective date. (City Manager) 3/5
nrRAAnvr _
l
-X
0 e
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed:ngs is
Alade, which record includes the testimony and evidence upon which the
appeal i.s, based.
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
Next
Resolution: 75 -91 -9139
7:30
p.m.
Next
Ordinance: 16 -91 -1481
June
4th, 1991
Next
Commission Meetina_: 6/11/91
* *Summer Schedule **
A.
Invocation
B.
Pledge of Allegiance to th.e
Flag of the
United States of
America
C. Presentations-:
D. Items for Commission Consideration
a. Approval of Minutes: May 21, 1591
b. City Manager's Report
C. City Attorney's Report
ORDINANCES = THIRD READING AND PUBLIC HEARI'KG:
4. An Ordinance of the Mayor and City Commission of the City
of South Mia,mi., Florida, auth.ori,zi.ng th.e City Manager to
negotiate and execute all necessary documents for the
financing of the construction of a new Public Works Department
facility by a fifteen (15) year loan of $650',OGG.00 payable
from the General Revenues of the City using the City's
Revolving Trust Fund as- collateral to the extent required
without otherwise liening the City''s assets for the repayment
of th.e loan; providing for ordinances or parts of ordinances
in conflict; providing for severabili-ty and providing for
an effective date.
(Vice - Mayor), 4/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
5. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Ordinance No. 33 -80 -1092, to
correct a scrivener's error in the legal description therein
to read as follows: that certain unimproved right -of -way located
on Southwest 60th Avenue between southwest 80th street and
southwest 81st street, South Miami, Florida, which unimproved
right -of -way is bordered on the east by Tract 14 and bordered
on the west by Tract 11, both Tracts being in the revised plat
of a portion of the amended plat of Palm Miami Heights and
providing for an effective date.
(City Attorney) 3/5
6. An Ordinance of the City of South Miami, Florida, amending
Ordinance 5 -91 -1470 of the City of South Miami, Florida to
provide a limitation on fines for delinquent occupational
license renewal; providing for severability; ordinances in
conflict; and an effective date.
(City Attorney) 3/5
RESOLUTIONS FOR PUBLIC HEARING:
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida abandoning and vacating a portion of
Riviera Court, south of SW 53rd Terrace and legally described
hereinbeiow; retaining certain utility rights; and providing
for an effective date.
(Planning Board /Adm.) 3/5
OFFICIAL AGENDA
June 4th, 1991
Page 2 of
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, denying an appeal from the
Environmental Review and Preservation Board by Victoria Alonso
with regard to a porch addition for the property commonly
known as 4224 SW 60 Place, South Miami, Florida 33143.
(City Attorney) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to negotiate
a contract for Architectural Services with Hatcher, Zeigler,
Gunn & Associates for improvements to the City's Public Works
Yard and Police Department. (City Manager) 3/5
10. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, authorizing the City Manager to
disburse the sum,of $ representing the balance
of an agreed adjustment to fees incurred for legal representation
by Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with
Litigation regarding the City's Comprehensive Plan.
(City Manager) 4/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing a waiver of bid procedures
for the purchase of one Cushman Model 454 Police Vehicle for
the City's Police Department; authorizing an expenditure not to
exceed $3,168.00 to Cushman of Ft. Lauderdale, Inc.; charging
the disbursement to Account No. 1110 -4820: "Police- Operating
Equipment ".
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $14,856.00 to Barton - Aschman Associates, Inc.,
representing fees incurred for expert witness preparation and
testimony in conjunction with litigation regarding the City's
Comprehensive Plan. (City Manager) 4/5
13. A Resolution authorizing the City Manager to advertise for
a request for proposals to provide auditing services as
required pursuant to Article IV, Section 4 E. of the Charter
of the City of South Miami, Florida. (Mayor McCann) 3/5
ORDINANCES - FIRST READING:
14. An Ordinance amending Section 20 -5.17 (D)(3) of the Land
Development Code of the City of South Miami, Florida, to
withdraw the automatic bar to designation as an historic
site if an objection is filed by the property owner; providing
for severability; ordinances in conflict and an effective date.
(City Attorney) 3/5
15. An Ordinance amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions
for catering services; restaurant, restaurant, accessory; and
restaurant, fast food; deleting eating place definition from
Section 20- 3.3(E); deleting eating place (accessory) from
Section 20 -3.3 (E); providing the aforesaid restaurant
categories as a special use in Section 20 -3.3 (E); providing
special use conditions for restaurant and restaurant, fast
food in Section 20 -3.4 (B)(4); providing for severability;
Providing for ordinances in conflict and providing for an
effective date. (Mayor McCann) 4/5
OR "INANCES - FIRST READING (continued):
16. An Ordinance amending Ordinance No. 12 -90 -1451 to orovide
written approval of private property owners for newsracks
installed on private property; providing for severability;
providing for ordinances in conflict and providing an
effective date. (City Manager) 3/5
RFMARKS-
none
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed;ngs is
Alade, which record includes the testimony and evidence upon which the
appeal i.s, based.
C
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY
DOCUMENTS FOR THE FINANCING OF THE CONSTRUCTION OF A
NEW PUBLIC WORKS DEPARTMENT FACILITY BY A FIFTEEN (15)
YEAR LOAN OF $650,000.00 PAYABLE FROM THE GENERAL
REVENUES OF THE CITY USING THE CITY'S REVOLVING TRUST
FUND AS COLLATERAL TO THE EXTENT REQUIRED WITHOUT
OTHERWISE LIENING THE CITY'S ASSETS FOR THE REPAYMENT
OF THE LOAN; PROVIDING FOR ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida have determined the existing Public Forks
Department Facility needs to be replaced at an estimated cost of
s 650,000.00; and
WHEREAS, the City presently has a Revolving Trust Fund in
the approximate principal balance of $ 1,155,000.00; and
WHEREAS, the Mayor and City Commission wish to provide for
the financing of the required Public Works Department Facility by
negotiating a loan of $650,000.00 with repayment to be from
general revenues of the City over a term of 15 years using the
City's Revolving Trust Fund, to the extent required, as
collateral for the loan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to negotiate and execute the documents necessary for
the construction of a new Public Works Facility by obtaining of a
15 year loan of the sum of S 650,000.00 for the construction of a
new Public Works Facility, said loan to be paid from the general
revenues of the City using the City's Revolving Trust Fund, to
the extent required, as collateral for the loan, without
otherwise pledging, mortgaging, or liening the City's assets for
the repayment of the loan.
Section 2. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
------- ----
cost of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
82ction 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of IF 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
ORDINANCE NO.
AN ORDINANCE OF CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ORDINANCE NO. 33 -80 -1092, TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION THEREIN TO READ AS
FOLLOWS: THAT CERTAIN UNIMPROVED RIGHT -OF -WAY LOCATED
ON SOUTHWEST 60TH AVENUE BETWEEN SOUTHWEST 80TH STREET
AND SOUTHWEST 81ST STREET, SOUTH MIAMI, FLORIDA, WHICH
UNIMPROVED RIGHT -OF -WAY IS BORDERED ON THE EAST BY
TRACT 14 AND BORDERED ON THE WEST BY TRACT 11, BOTH
TRACTS BEING IN THE REVISED PLAT OF A PORTION OF THE
AMENDED PLAT OF PALM MIAMI HEIGHTS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida have determined that a scrivener's error occurred
in the preparation of Ordinance 33 -80 -1092; and
WHEREAS, the Mayor and City Commission wish to correct the
scrivener's error so that the legal description therein is
correct and is so reflected in the Public Records;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The legal description set forth in existing
Ordinance 33 -80 -1092 be, and hereby is, amended to read as
follows:
that certain unimproved right -of -way located on
Southwest 60th Avenue between Southwest 80th Street and
Southwest 81st Street, South Miami, Florida, which
unimproved right -of -way is bordered on the East by
Tract 14 and bordered on the West by Tract 11, both
Tracts being in the Revised Plat of a portion of the
Amended Plat of Palm Miami Heights
Section 2. That the City Clerk be, and hereby is,
authorized to execute and record the documents necessary to
accomplish the foregoing correction of legal description.
Section 3. This Ordinance shall take effect immediately
at the time of its passage.
J
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
OA
;H0 NOV if 7 PX `3: 53
SGR30833
1 10 9%3 99
ORDINANCE NO. 33 -80 -1092
AN ORDINANCE OF THE CITY OF SOUTH _1IAMI ,
FLORIDA, ABANDONING AND VACATING A'CERTAIN
DESCRIBED UNIMPROVED RIGHT -OF -WAY LOCATED
�yJ'
ON SOUTHWEST 60TH AVENUE BETWEEN SOUTHWEST
80TH STREET AND SOUTHWEST 81ST STREET,
SOUTH MIAMI, FLORIDA, WHICH UNIMPROVED
RIGHT -OF -WAY IS BORDERED ON THE EAST BY
TRACT 114 AND BORDERED ON THE WEST BY
TRACT 111, BOTH TRACTS BEING IN THE
REVISED PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIAMI HEIGHTS, AND WHICH UNIMPROVED
RIGHT -OF -WAY IS FURTHER OUTLINED IN BLUE ON THAT
CERTAIN SKETCH ATTACHED TO THIS ORDINANCE,
RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING
WHEN THIS OP,DINAlCE SHALL TAKE EFFECT.
WHEPXAS, the Cit,. has determined that it is in the
best interest of the City that the unimproved right -of -way
hereinafter described be abandoned and vacated, and
WHEREAS, the City has no need for the unimproved
right -of -way hereinafter abandoned and vacated, and
WHEREAS, it would be to the interest of the general
welfare of the citizens of the City of South Miami to abandon
and vacate the unimproved right -of -way hereinafter referred to.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That all the land shown as "unimproved
right -of- way, "located on Southwest 60th Avenue between Southwest
80th Street and Southwest 81st Street in the Citv of South Miami,
Florida, said unimproved right -of -way being 50 feet wide and
275.29 feet long more or less, running north and south, which
unimproved right -of -way is bordered on the east by Tract 114
and bordered on the west by Tract 111, both Tracts being in
the Revised Plat of a portion of the Amended Plat of Palm Miami
Heights, according to the Plat thereof, as recorded in Plat Book
43, Page 37, of the Public Records of Dade County, Florida, and
which unimproved right -of -way is further outlined in blue on that
certain sketch attached to this Ordinance, be, and the same is
'ierebv abandoned and vacated.
•1
Section 2. The City retains the right to maintain,
install, operate, repair and replace by itself or by any licensee or
a holder of a franchise from the City any poles, wires, pipes,
conduits, sewer mains, water mains, or anv other facility or
ecuipment for the maintenance or operation of any utility now or
hereafter located in the unimproved right -of -way or portion
thereof abandoned or vacated by this Ordinance.
Section 3. This Ordinance shall take effect
immediately at the time of its passage.
PASSED and ADOPTED this 21St day of October
;..1
1I, t:
City Clerk
Passed on First Reading: 10/07/80
Passed on Second Reading: 10/21/80
APPROVED:
,1980.
.� ='���• �, f.• �,�,' L� `tom
%'Mayor
ALMOIDED IN 0"WAAL RUM= aft
OI OAK OOUMfl. RA1"
NMI) V01111,1111
XCHARDP.BRINKE&
CLERK CiRCUTT COURT
AfFI DAVI T.
3efore me, the uadersignea officer authorized co cake
acknowleazments ana administer oaths, :)ersonaliv.aDpeared
Rosemary Aascura, who, having 'been duiv cautioned and sworn,
deposes ana says:
1) Your Affianc is the City Clerk of the City of South
Miami, Florida.
2) Your Affiant has reviewed the City records.
3) Based upon said review, the City Clerk has determined
tnat there is a typographical error in the Legal description
contained in Ordinance No. 33 -80 -1092 dated October 21, 1980
recoraed in Plat Book 43, Page 37 of the Public Records of Dade
Councv, Florida.
�-) That the correct legal description should be:
A CERTAIN DESCRIBED UNIMPROVED RIGHT-
OF-WAY LOCATED ON SOUTHWEST n 0TH
AVENUE BETWEEN SOUTHWEST 80TH STREET
AND SOUTHWEST 81ST STREET, SOUTH MIAMI,
FLORIDA, WHICH UNIMPROVED RIGHT -OF -WAY
IS BORDERED ON THE EAST BY TRACT 14 AND BORDERED
ON THE WEST BY TRACT 11 , BOTH TRACTS BEING IN
THE REVISED PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIA11I HEIGHTS ...
and therefore your Affiant has, today, filed a
corrected copy Ordinance No. 33 -80 -1092 with the Clerk of the
County of Dade.
Sworn and subscribed before me this day of, ,
1991 . �}
My Commission expires: J ��
N6't:apy Public
NOTARY PUBLIC. STATE OF FLORIDA: S t a t of Florida
;AY COMMISSION EXPIRES: DEC. 18. 19931
90NDED TNRU NOTARY PUPILIC UNDERW RIVERS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ORDINANCE 5 -91 -1470 OF THE CITY OF SOUTH
MIAMI, FLORIDA TO PROVIDE A LIMITATION ON FINES FOR
DELINQUENT OCCUPATIONAL LICENSE RENEWAL; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
WHEREAS, on March 5, 1991, the City of South Miami, Florida
has enacted Ordinance 5 -91 -1470, which amended sub - section 25 c)
of Ordinance 18 -80 -1077 to provide for an additional fine for
delinquent occupational license renewal; and
WHEREAS, it appears Florida Statute 205.053 limits municipal
pavers to fine delinquent occupational license holders; and
WHEREAS, the Mayor and City Commission wish to amend the
Ordinance to accord with the State Statute;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sub- section 25 c) of the Ordinance 18 -80 -1077
be, and the same is, hereby amended to read as follows:
c). Enforcement procedures under this Ordinance for
occupational license renewals shall take effect after a
renewal is delinquent 4 months and 1 day and the
foregoing shall be in addition to all other fines as
specified for licenses not renewed within the specified
period of time; however, the total delinquency penalty
shall not exceed 25 percent of the occupational license
fee for the delinquent establishment.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
.onflict herewith be, and the same are, hereby repealed.
, Section 4. This ordinance shall take effect immediately at
the time of its passage,
PASSED AND ADOPTED this th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
U!
7-
§ 205.043
Not* 1
properly conditioned upon issunnce of licenses
therefor, nod city was entitled to withhold is.
su■nce of such liccn+c, in absence of payment
of the occupational licensc fees. City of Miami
v. I,C. Sales, Inc., App.. 276 So.Zd 214 (1973).
Showing that the business of one operator of
vending machines in city had cxpcnses, includ.
ing occupationai license taxes, such that it
made nu profit does not establish that city's
occupational Ilcectse tax was excessive or con-
fiscatory. Id.
The Cityy of North Miami may impose U.
pational Ilcense taxes upon private leaseholds
of publicly owned Inns as provided In this
chapter unless exempted by law. Op.Atty.Gcn.,
076 -t43, June 21, 1976.
Laws 1972. c. 72 -306, relative to occupation•
al license taxation, appears to prohibit a mn•
nicipality from levying any occupatinnal Ii.
ccnse tax'pursunnt to its charter act or other
special inw, as the 1972 enactment is the only
nuthority for any municipal occupational Ii•
tense tax. Any municipal occupational license
tnx ordinance must be consistent with the pro•
visions of the 1972 enactment and such occu.
patinnal license tax must be based upon rea.
sonable classifications established by the gov-
cu-ning body of the municipality and be uni-
fuutn throughout any given classification.
Whether any given liccnsc tax is, in law, bases{
upon a reasonable classification, is a Judicial
question to be determined by the courts in
appropriate legal proceedings, Op.Ally.Gen.,
072 -341, Oct. 9, 1972,
1, Rase lax rate and nilowable Increases
In view of Local Ocrupational License Tax
Act which provides for ratification of all mu-
nicipal licenses adopted, pursuant to resole•
tlon, ordinance or special law and farther pro-
vides that they remain In effect until October 1,
1972, North Miami occupational license tax.
which imposed a $t tax on one cent vending
machines. it $5 tax on five cent machines, and
a $10 tax on ten and 25 cent machines, was
valid for fiscal yrar 1972. I.C. Sales, Inc. V.
City of North Miami, App.. 281 So.2d :ill
(1973).
Tl a governing body nF the city of Hollywood
may increase (lie occupational license taxes
now Imposed by the city only by the amounts
or percentages prescribed by this section. Op.
Atty.Gen.. 081 -68. Sept. 17. 1981.
TAXATION AND FINANCE
Title 114
This chapter does not prohibit occupational
license taxation of businesses, occupations,
and professions which were not inxed by the
municipality before October 1, 1971, and it
municipality may, upon complying with the
terms and conditions of § 205.042, establish
new classifications and rates applicable thereto
for such prior untaxed businesses, ncncpations
or professions. Op.Atty.Gcn., 073 -399, Oct. 25,
1973,
I-mvs 1972, c. 72 -306, authorizes the impost -
tlon of an occupational license iax by munici.
palities separate from and in addition to the
county occupational license tax, and the rates
for said municipal occupational license tax
shall be set in accordance with the provisions
of this section, Op.Atty.Gen., 012 -291, Aug. 22,
1972.
3. Trun%Lfcr fee
The thrrc-ilullar transfer fee and the dchn•
fluency penalty Coxed by the legislature in this
chapter arc presumptively valid and reason.
011ie, and are rcttuircd to be given effect unless
and until declared by the judiciary to be arbl.
Crary, unreasonable or otherwise invalid. Op.
Atty.Gen., 073 -399, Oct. 25, 1973.
4. Refunds
Voluntary payment of invalid occupational
license tax, which lint been promulgated with-
out authorized procedure for protest, presents
no bar to recovery by taxpayer who has paid
without protest. City of Miami v. Florida Re-
tail Federation, Inc„ App., 423 So.2d 991
(1982).
Where excessive occupational license tax un-
der consideration was unlawfully assessed,
nonpayment subjected taxpayers to severe
sanctions, and, accordingly, payment was in.
voluntary, recovery of refund was available
despite absence of protest. id.
5. Attorneys fees
In action brought by group of merchants to
recover excess payments of occupationai It-
eense Inxes; attorneys' fees would be awarded
predicated upon benefit obtained for class
members by attorneys which benefit included
not only reimbursement of funds, but removal
of threat of criminal prosecution. City of Mia-
ml v. Florida Retail Fedcration. Inc., App., 423
So.2d 991 (1982),
205.053. Occupational licenses; slates clue and delinqucat; penalties
(1) All licenses shall be sold by the appropriate tax collector beginning
September 1 of Poch ,year and shall be due and payable on or before October 1
of each year and shall expirr on Sepieutber 30 of the succeeding year. In the
90
1
I
LOCAL OCCUPATIONAL LICENSE TAXES § 205.053
Ch. 205 Note 3
event that October 1 falls on a weekend or holiday, the tax shall be dtle acid
payable on or before the first working day following October 1. Provisions
for partial licenses may be made in the resolution or ordinance authorizing
such licenses, Those licenses not renewed when due and payable sliall be
considered delinquent and subject to a delinquency penalty of 10 percent fur
the month of October, plus an additional 5 percent penalty for each month of
delinquency thereafter until paid. However, the total delinquency penalty
shall not exceed 25 percent of the occupational license fee for the delinquent
establishment.
(2) Any person engaging in or managing any business, occupation, or
profession without first obtaining a local occupational license, if required
hereunder, shall be subject to a penalty of twenty-five percent (2546) of the
license determined to be due, in addition to any other penalty provided by
law or ordinance.
Historical Nola
Derivationt ber 1" in the first sentence, interpolated the
Laws 1983, c. 83 -204, § 40. second sentence, and substituted in tilt fourth
1.4ws 1973, c. 73 -144, $ 1. sentence "when due and payable" for "by Octo-
Laws 1972, a 72 -306, § 1. ber 1 ".
Laws 1963, c. 83 -204, 5 40, antendinI sub.
sec. (1), inserted "or Lwfora" preceding Octu-
Ubrary References
licenses 4-320). 40, 41.
WP.STLAW Topic No. 236.
C.M. licenses §§ 68, 78 to 83.
Notes of Decislons
Construction and application 2
Dsfmm 7
Fractional licenses 4
lndloment 6
Legislative power 3
Penalty 8
Refut,ds 3
Volidlty 1
1. validity
The prior provision to the effect that any
person convicted of carrying on a business for
which a license is required, without having
first obtalnod such a license, atoll be punished
by a fine of not less than double the amount
rcyuired for the license, did not violate the
Declaration of Righti that - cxcciiivc finci shall
cwt bs lutpoKil " Fresc Y. State, 23 Via. 267, 2
So. 1 (1887).
The three - dollar transfer fee and the delin•
quency penalty fixed by the legislature in this
chapter are presumptively valid and reason.
able, and are required to be given effect unless
and until declared by tttc judiciary to be arbl•
trary, unreasonable or otherwise invalid. Op.
Alty.Gen.. 073 -399, Oct. 25, 1973.
2. Construction and application
Laws imposing license taxis, and providing a
penalty for doing business without a license,
are penal In their nature, and should he strictly
construed. Texas Co. Y. Antus, 81 So. 471, 77
Fla. 327 (1919).
3. Leltslative power
legislature can provide for Imposition and
collection of reasonable penalties for failure to
pay excise tax. Mciin v, Florida Automobile
Owner's Protective Assn, 105 Fla. 169, 141 So.
147 (1932).
The power conferred and the duty imposed
on tilt county tax collector by tills section to
issue or sell county occupation licenses or to
collect the county occupational license tax and
to apportion and distribute the revenues de-
rived therefrom may not be transferred by
ordinance from the tax collector io the local
government crxie enforcement board. OpAlly.
Gets., 84-91, Oct, 2, 1984.
91: .
9
§ 205.053
Note 4
4. Fractional license&
In the absence of a provision for a pro rata
license, a person taking out a license must pay
the full amount prescribed even though he
inkes out his license after the beginning of the
license year or discontinues his business before
the expiration of such year. 1939 Op.Ally.Gcn.
483.
3. Refunds
Attorneys were not required, as a condition
precedent to obtaining refund& of occupational
license taxes paid pursuant to an invalid ordi.
nance, to show that the occupational license
payments were made under protest. Hrownrd
County, Florida Fad, of County Com'rs. v. tlurn-
stein. App. 4 Dist., 470 So-2d 793 (1985).
Fact that funri3 generated by occupational
license tax on attorneys had long since been
expended did lint preclude refunds of taxes
paid pursuant to the invalid ordinance. Bro.
ward County, Florida ltd. of County Com'rs. V.
i3urnstcin, App, 4 Vist., 470 So.2d 793 (1985):
In view of unreasonnhie delay in challenging
1980 ordinance increasing occupational license
tax on attorneys, lathes barred refunds for
taxes paid pursuant to invalid ordinance prior
to 1982, the year when attorneys contested tine
tax. 13roward County, Florida 8d, of County
Com'rs. v, Burnstein, App. 4 Dist., 470 So.2t1
793 (1985).
6. Indictment
An Indictment against one for carrying on
the business of a I►nwker and peddler without
license, who was not embraced within the pop•
ular and ordinary meaning of the words
"hawkers and peddlers" but was embraced
width the statutory definition beginning, "all
unlicensed traveling dealers," etc., in Lawn
1893, c. 4322, § 9, subd. 11, must follow the
language of tills definition; and an indictment
in the ordinary or common-law form for
hawking and piddling without license cuuld
out be suumined by proof of acts which would
not, independent of such statutory definition,
cons itute him a hawker and peddler. Hall v.
State, 39 Fla. 637, 23 So. 119 (1898).
Laws 1887, c. 3681, § 9, provided that no
intoxicating liquors should be permitted to be
solJ, unless the license tax imposed by the art
was first paid and a Intense for such sale taken
out. Section 10 provided that "any person
• * that shall carry on or conduct any hnsl-
ness ' • • for which a license is required,
without first obtaining such licen.ic, shall ' • •
be guilty of misdemeanor." etc. Held. that an
92
TAXATIONI ARIA FINANCE
Title 14
Indictment was Rufficlent under this act which
charged that defendant "did engage In and
manage the business of a dealer In" intoxicat-
Ing liquors, without having first taken out a
license therefor, as required by law. Roberts
v. State, 26 Fla. 360, 7 So. 861 (1890).
Where an indictment charges the sale of
liquor, or carrying on of the business of a
dealer therein without having a license, to have
been on a certain stated day and nn divers
other days and times between such day and the
finding of the Indictment, all the allegation of
time after that of the particular day may be
rejected as surpiusagc. Dansey v. State, 23 Fla.
316, 2 So. 692 (1887).
It is not necessary to allege In an indictment
for selling liquors without a license or in one
for carrying on the husinesa of dealer in li-
quors without a license, either the name of a
person to whom tine liquor was said. or the
particular liquor sold, ttor that the defendant
had it place of business, nor that his place of
business was in an election district of a county,
Id.
When a person is charged in an indictment
with unlawfully carrying an the business of a
dealer in liquors, etc., it Is unnecessary to stag
tine names of persons to whom sales were
made. Jordan v. State, 22 Fla. 528 (1886).
7. Defenses
On an indictment for selling intoxicating li•
quors without a liccnse, under Laws 1857, a
3681, § 10, providing that persons making
such sales shall be guilty of a misdemeanor, it
was no defense that defendant had tendered to
the proper officer the license tax prescribed by
that act, where the sales were made before the
license was granted. Roberts v. State, 26 Fla.
360, 7 So. 861 (1890).
8. Penalty
Tice penalty pre.cribed for the violation of
Laws 1883, c. 3413 under which the defendant
was convicted, was not lea than dnuble the
amount of the license required to ■nthoriae the
selling of liquor, six hundred dollars; and a
fine of nine hundred dollars for the violation
of said act was not excessive. Haeumel v.
State, 26 Fla. 71. 7 So. 371 (1890).
Operators of coin operating machines on
which no license taxes have been paid are
liable to prosecution, and such license tax may
be collected by warrant, but tax collector or
other county official cannot seal such ma.
chines against use until such tax is paid. 1949
Op.A11y.Gen. 261.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ABANDONING AND VACATING A
PORTION OF RIVIERA COURT, SOUTH OF S.W. 53RD TERRACE
AND LEGALLY DESCRIBED HEREINBELOW; RETAINING CERTAIN
UTILITY RIGHTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Raphael and Emmanuelle Sardou have filed a petition
to close a portion of Riviera Court, South of S.W. 53rd Terrace
and legally described as follows:
That oortion of Riviera Court adjacent to Lots 11. 13,
and 15 of Riviera Pines, according to the Plat thereof,
recorded in.Plat Book 22 at Page 20 of Public Records
of Dade County, Florida, bounded to the East by the
West line of Lot 11; by the West, by the East line of
Lot 15; by the South, by the North line of Lot 13;
bounded by the North, by the projection of the North
line of said Lot 15
a survey of which is attached hereto as Exhibit "A"; and
WHEREAS, thereafter, the matter was considered by the
Plannina Board at its meeting of May 14, 1991 and approved by
vote of 6 -1; and
WHEREAS, the matter has now become before the City
Commission upon public hearing; and
WHEREAS, the City has determined it is in the best interests
of the Citv that the aforesaid road be abandoned and vacated as
the Citv has no use for said road and that it would be to the
general welfare of the citizens of South Miami to abandon and
vacate the said road,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the portion of Riviera Court adjacent to
Lots 11, 13, and 15 of Riviera Pines, according to the Plat
thereof, recorded in Plat Book 22 at Page 20 of Public Records of
Dade County, Florida, bounded to the East by the West line of Lot
11; by the West, by the East line of Lot 15; by the South, by the
North line of Lot 13; bounded by the North, by the projection of
the North line of said Lot 15, a survey of which is attached
hereto as Exhibit "A ", be, and the same hereby is, abandoned and
vacated.
Section 2. The Citv of South Miami retains the right to
maintain, install, operate, repair and replace by itself or by
anv licensee or holder of a franchise from the City any poles,
wires, pipes, conduits, sewer mains, water mains, or any other
facility or equipment for the maintenance or operation of any
utilitv now or hereafter located in the said alley abandoned or
vacated by this Resolution.
Section 3. This Resolution shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of May, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
7
APPROVED:
MAYOR
2
LyGl��i ��aiS9 i
Jlo�
e- -e,?
IL: 1 17 !1. I .�7 : y
1 v 4.1.
E4
J ,I
1
l J I I
4
J
\. I
-!I , 4 S -
3 vy S
r'
Q s
f 1. 1 t
b�
t713t 1lIY lily• ti i y
I
C
I
I
I
S C Corntl-
NC Corner nilloll
SB ,cc ZS• r.
S7
rs N I
I
Mrs.rciatS
-- = �1V1e1rgr
c lost.d
5a�-,-4 .r.
I
l
I
r
i
�znlmass
5. ,�.Z.J.`JI . .
Chk
)UTU WAM! A* PLANNING 50A RD ... q
' Raphael & Emmanuelle SARDOU
5746 SW 53rd Terrace
SOUTH MIAMI, FLA. 33155
To: Mavor and City Comissioners
City cf South Miami
6130 Sunset DR.
South Miami,FL. 33143
The undersigned,Raphael and Emmanuelle SARDOU, owners of
5740' SW 53rd Terrace, since November 9th 1990, want to legalize
the carport of the house, erected in 1986 by previous owners.
That is the reason, we make a petition to close the road,
Riviera Court, following the advices of Mr Juan Artigas
(Code enforcement supervisor) , and Mr Daniel Nieda (Building
&Zoning service) .
By closing this road, our property lines will be extended to
a distance sufficient to legalize the carport, according to
the Building & Zoning Code.
We hope this petition will be granted.
very truly yours, }
Raphael and Emmanuelle SARDOU.
71
PB -91 -015
Applicant:
Request:
LEGAL:
Location:
Analysis:
S TAF F REPORT
Raphael and Emmanuelle Sardou
Petition to Close Road, pursuant to F.S. 336.09
That portion of Riviera Court adjacent to lot 11,13,
and 15 of Riviera Pines Subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
Riviera Court south of 53' Terrace
City of South Miami, Florida
Applicant is requesting to close the South portion
of Riviera Court Cul -de -sac.
PETITION TO CLOSE ROAD
T0: Mayor and City Crrtrnissioners
City of South Miami, Florida
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway,. or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and*.the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the : --ty and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses; or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
1. LEGAL DESCRIPTION: The complete and accurate legal description of the
road, right of way or land sought to be closed is as follows:
That portion of Riviera court adjacent to lot 11,13 ,
and 15 of Riviera Pines Subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
2. PUBLIC INTEREST IN ROAD: The title or interest of the City and the
public in and to the above described road, right of way or land was acquired and is evi-
denced in the following manner (state whether public interest acquired by deed, dedica-
tion or prescription and set forth where deed or plat is recorded in public records):
Citv interest in road was by plat,
Plat Book 22 at page 20.
3. ATTACH SURVEY SKETCH: Attached hereto is a survey or location sketch
accurately showing and describing the above described road, right of way or land and its
location and relation to surrounding property, and showing all encroachments and utility
easements.
4. ABUTTING PROPERTY OWNERS: The following constitutes a complete and
accurate schedule of all owners and occupants of property abutting upon or adjacent to
the above described road, right of way or lands and all persons who will be affected by
the closing and abandonment thereof (all interested or affected persons must either sign
this petition or sign a written consent):
Name Address Description of Property
Raphael S RnQn & WTFR. 5746 SW 53rd Terrace Residence
Emmanuelle SARDOQ SOIITH MIAMI , 33155
Teresa -i1S &v 5718 gw 53rd Terrace Toot- with abandonned
house
Reside""' 998? F0NTATNRRTRACT RT. il1Q
MIAMI , FL 33172.
5. ACCESS TO OTHER PROPERTY: The undersigned certify that in the event
this petition is granted no other property owners will be prevented from access to and
from their property and no other property owners in the vicinity will be adversely affected.
6. NO FEDERAL OR STATE HIGHWAY AFFECTED: The undersigned certify
that the above described road, right of way or land is not a part of any state or federal
highway and was not acquired or dedicated for state or federal highway purposes; and
that such road, right of way or land is under the control and jurisdiction of the Mayor and
City Commissioners.
7. GROUNDS FOR GRANTING PETITION: The undersigned submit as grounds
and reasons in support of this petition the following (state in detail why petition should
be granted):
In reference of the Public Hearing of March 14th 1991,
at the City of SOUTH MIAMI - CODE ENFORCEMENT BOARD,
we request the closing of the road (Riviera Court),
to extend our property lines:, for the legalization of
our carport. (File # 91 -29).
Hereby, signatures of our neighbours agreeing this
request:
Name
J.�
L
Respectfully submitted,
Address
PETITION TO CLOSE ROAD
TO: ;.iayor and City Cc=issioners
City Of South Miami, Florida
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway,, or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the City and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses; or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
I. LEGAL DESCRIPTION: The complete and accurate legal description of the
road, right of way or land sought to be closed is as follows:
5746 Southwest 53rd Terrace, Miami Fl. 33155 :
** Lot 15,Riviera Pines, accordingto the Plat Book 22,
page 20 of the Public Records of DADE COUNTY, Florida.
5738 Southwest 53rd Terrace, Miami, FL. 33155:
** Lots 11 and 13,Riviera Pines, as recorded in Plat Book
22,at page 20of the Public Records of DADE COUNTY,
Florida.
1
Name
Address
Emmanuelle SA.RDOU SOUTH MIAMI, FL.33I55.
(Petition must be signed by all prpperty owners abutting
the road, right of way or lands td'be closed or abandoned)
Attorney for Petition
Address:
(Signature of a rney not required)
STATE OF /FLORIDA )
) ss..
COUNTY OF DADE )
BEFORE ME. the undersigned authority, personally appeared Raphael SARDOU
and Effimanuelle SARBGU , who first by me duly sworn, deposes and
says that he is one of the petitioners named in and who signed the foregoing petition;
that he is duly authorized to make this verification for and on behalf of all petitioners;
that he has read the foregoing petition and that the statements therein contained are true.
(Signature of1 on
./P•
a Fig W s cjibed to before me this
UN of. �rpr; 1 19-9-1—
xM
�`''••• ty.��blic State of Florida at Large
Notary Public State of Flows
My Commission ExPY&CAmmMron Wire SPVt 18. 1992
Bonded Thru Bankers Ins. Co
77
I—
LEGAL DESCRIPTION
LOT �_ ,�*r� � 11/ I%2 ai r=C I V IQF 4- BLOCK
SUBDIVISION F I
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PUT BOOK 22 ATfAGE . 20 OF THE
PUBLIC RECORDS OF D��� 'COUNTY. FLCRIDA . !-{
Fr.
' �' f GO• I Gam• I6 50� ' ,, ;I�
i
L'
� c
�j
Go • co'
�U0- v5--y ;
C
E)
Q LP ID • i
_7
I �
�y V
r.
r •I Yc,
N� �5�. �Id SGC, !s= -
--4 .,cm
• I
LOCATION SKETCH
C -65. _ ZOtICrcrc % ►o�� G -i-�wo
The Fla. Flocd Insurance Rate Map, doted llv Ia. 1942-published by the United States of
Housing and Urban Development, delineates the herein described land to be situated within zone
WE HEREBY CERTIFY: That the attached SKETCH OF SURVEY of the above described property is correctlo the best of our
krow!edge and belief as recent:y surveyed under our d+recvon. also If"-al Ihere are no encroachments unless snoom. and this survey
meets Minimum Technical Standards set by the FLORIDA BOARD OF LAND SURVEYORS. as set forth in Chapter 072_027 IF S.)
and Chapter 21 HH 6 of the Fonda Administrative Code. 1 ;7 i� ".- .4;^
FOR: Mr.
ORDER No. °'0G -0::20 3 % PROFESSIONAL LAND SURVE'YUR No. � ^/
STATE OF FLORIDA
NOT VALID UNLESS EMBOSSED SEAL DATE:
CARIBBEAN LAND SURVEYORS, INC.
7175 S.W. 81h STREET, SUITE 216
MIAMI, FLORIDA 33144
TELEPHONE (305) 264 -9151
�J
_T 7H Ef
�LooE
7• g2' IL •D t tom! IG
19. 1c, 2°• 1�
I
G U
-� �c
•.y
�J
_T 7H Ef
�LooE
7• g2' IL •D t tom! IG
19. 1c, 2°• 1�
I
.1.� I—..
c
a
y t'
v�
o�
F,
c
fi
i•
S
Z
j A
2
� �
n o
v
D _� i11 o
Ito 5:
42
ZA
Q Wutam r mkt �. dtUN t • oG� i , I
j 1.411 • t "�.: `�'i..
Lo{
� •� I tl I T�I
1414:. -�-
�, f• I
r
m
D
r
0
m
U)
n
0
Z
L
c 3 i
s�
°F
8�
3
o.
s w 5BIb
�� di .vlr �� r •..
i
r I -
i I I I•
I•fI • � •' I• � I I
• I m l b i
OI /I:I ,1
G k:.� ��at �Z•^ .A.I�lk7F
- E I
®� (-*-"!j of South Miami
130 Sunset Drive. 5�ourn :Miami. rionca 3314:s
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING. B0
operty Owner: ,'�j�_� t�j;:c �,���� Signature:
J
dress. ; - -`� �( - _ -� Phone Nummdr--r •— !�
presented Bv: J �, 0wraani.zatlon:
press: Phone:
=hitect: ij Phone:
?ineer: �, Phone:
ner A` Option to purchase _ Contract to purchase _ Copy attached? '1
applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
i
Z(s) Block Subdivision PB -
tes and Bounds. �.,'r �•GL'Lc 't'c -�-e- - �-r:�� �nc� _
J :I
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
_ variance Special Use Rezoning Text Amendment to LDC
_ Home Occupational License PUD Approval PUD Major Change
:iefly explain application and cite specific Code sections:
�Cr,C,L
D E7 P_(`:'�C�NC�
� 7
SUBMITTED MATERIALS
/Letter of intent Hardship statement Reasons for change
_ Proof of ownership Power of attorney Contract to purchase
Current survey Site plan (7 copies) Required fee(s)
:e undersigned has
iformation and all
the b est of the
%(
read this completed application and represents the
submitted materials furnished are true an correct
applicant's knowledge nd belief/ �(�
r
:te Ap �a' 'Signature atw tit1E
on receipt, applications and all submitted materials wS be reviewed for
niiance with City Codes and other applicable regulations. Applications
snd not in compliance will be rejected and returned to the applicant.
'FICE USE ONLY DATE FILED ACCEPTED REJECTED
RING COMMISSION PETITION REQUIRED
LINE OTHER INFO PETITION ACCEPTED
�I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL FROM
THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY
VICTORIA ALONSO WITH REGARD TO A PORCH ADDITION FOR THE
PROPERTY COMMONLY KNOWN AS 4224 S.W. 60TH PLACE, SOUTH
MIAMI, FLORIDA 33143
WHEREAS, on April 2, 1991, the Environmental Review and
Preservation Board of the City of South Miami voted (5- 0) to
deny approval of a proposed porch addition to a single family
residence by Victoria Alonso for the property commonly known as
4224 S.W. 60th Place, South Miami, Florida 33143; and
WHEREAS, upon resubmission on May 21, 1991, the
Environmental Review and Preservation Board of the City of South
Miami again voted (7- 0) to deny approval; and
WHEREAS, Victoria Alonso appealed that decision to the South
Miami City Commission, which Appeal has now been heard;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Appeal by Victoria Alonso from a
decision by the Environmental Review and Preservation Board of
the City of South Miami on May 21, 1991 to deny approval of a
proposed porch addition for the property commonly known as 4224
S.W. 60th Place, South Miami, Florida 33143 be, and the same is,
hereby denied.
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
9 CITY ATTORNEY
May 22,1991
Applicant:-Victoria Alonso
Address: 4224 sw 60 place
Mayor Cathy Mc Cann and Commission Board:
I wish to appeal the decision of the ERPB
with regard to a porch addition for my property at
4224 sw 60 place.
.4h
-Victoria Alonso '
�_ _ /� J_ �
T7~" -^~ � ' ' - ~
C. EB -91 -039
Applicant:
Address:
Represented By:
SECURITY BAR
HELEN STEPHEN
8401 SW 62 AVENUE
WILLIAM R. SANTIANA JR.
Mr. Santiana signed in. Ms. Rubin - Wright made a motion to deny
with a second by Mr. Hochstim. Applicant is asked to return with
revised plans without bars enclosing the front porch and including
bars on the individual front windows. Plans are to show complete
front elevations as proposed.
Vote: Denial approved: 5 Opposed: 0
D. EB -91 -040 OPEN TERRACE
Applicant: VICTORIA ALONSO
Address: 4224 SW 60 PLACE
Represented By: SELF
There is no representative present. Ms. Rubin- Wright moved to
deny. Seconded by Mr. Hochstim stating that this addition totally
destroys the character of the building by eliminating the good
features of the structure which already exist. The entrance is now
incompatible with the nature of the building.
Vote: Denial approved: 5 Opposed: 0
Mr. Saez adds that the proposal to place a flat roof over the entry
area.has no relation to the Mission style of the structure itself,
therefore, he is voting against the application.
Vote: Denial approved: 5 Opposed: 0
E. EB -91 -041 PAINTING (VIOLATION)
Applicant: BERNARD JANIS JR
Address: 6701 SUNSET DRIVE
Represented By: D & T PAINTING
Mr. Larry Diddy signed in representing Mr. Janis. and displayed a
rendering of the building showing the proposed color change (which
is more yellow than the light beige that ii is presently painted
and the mansard roof will change from bronze to green). Mr. Diddy
state that his development company had hired a painting contractor,
expecting him to be responsible for the permits. That problem has
now been rectified with the City. Motion to approve made by Mr.
Hochstim. Seconded by Ms. Rubin - Wright. As to the landscaping,
ERPB Minutes 2 04 -02 -91
C]
1
M = N U T E S
E_ R_ P'_ B_
Environmental Review & Preservation Board
Commission Chambers
May 21, 1991
9:00 AM
1. Call to order
2. Roll Call Present
Joe Shaw
Philip Jesmer
Suzanne Wolfsohn
Stanley Greene
Susan Wilson
Diane Rubin- Wright
Jan Hochstim
Also present were William Mackey, Planner and Pat DeLisa, Board
Secretary.
3. Requests for approval
A. EB -91 -051 ENCLOSE GARAGE: RESUBMISSION
Applicant: George Clarke
Address: 6400 SW 63 Ave
Represented By: Self
This item was withdrawn from the agenda.
B. EB -91 -040
Applicant:
Address:
Represented by:
SINGLE FAMILY ADDITION: RESUBMISSION
Victoria Alonso
4224 SW 60th Place
Self
There was no one present to represent this item. Mr. Hochstim
moved to deny the request based on the poor quality of the design.
Seconded by Ms. Wolfsohn.
Vote: Denial approved: 7 Opposed: 0
Mr. Greene said that in spite of the denial, the design is headed
in the right direction. One problem is that the plans and the
elevations do not match one another and the treatment of the new
ERPB Minutes 1 05 -21 -91
porch is erratic and needs to be unified. Mr. Hochstim suggests
to remove the gable and make a straight line and simplify the
arcade. The one pitched gable on the top is sufficient, it is not
necessary to repeat it at the bottom. If it is repeated, then it
should be done over the main entrance, the most important arch.
in addition, Mr. Hochstim said that details on the arches are
lacking. (At this time, Mrs. Alonso and her daughter, Sally,
arrived). Mr. Hochstim informed the ladies that he believes that
the Board feels that the move from the last design to the new
design is an improvement but it is still not there yet. It is
still lacking the quality of the old building which is desirable
to retain. Mr. Hochstim stated that the option is to eliminate the
gables and dips in the parapet and keep the parapet straight across
and keep the three small arches with the full radius (semicircle),
and one arch on the front and the one on the side be flat arches
with rounded ends and be consistent with each other. The option
is to come up with another solution with a gable over the large
arch rather than a gable in the middle. The structure has to be
shown for the construction of the arches. Mr. Jesmer said that he
would like to see a detail of the connection of the column to the
stud, etc. to offer protection should the house be pressure treated
in the future.
C. EB -91 -031 CANVAS AWNING: RESUBMISSION
Applicant: Katrin Sander
Address: 6450 S Dixie Hwy
Represented by: Luis Gonzalez
There was no one present to represent this item. Ms. Rubin- Wright
made a motion to deny, seconded by Mr. Hochstim due to the fact
that this building requires no awnings since it has a covered walk-
way, and the windows are fairly well protected from the sun since
this one is facing northwest and very little sun gets in there and
that the inclusion of the photograph of the Sound Warehouse as a
model is inappropriate since the Sound Warehouse awnings are an
integral part of the design and this is an addition to the
building.
Vote: Approved: 6 Opposed: 1
( Jesmer)
Mr. Luis Gonzalez arrived at approximately 10:20 and Mr.Mackey
asked the Hoard's indulgence, asking that they explain their
decision to Mr. Gonzalez. Mr. Hochstim did so. Mr. Gonzalez
stated that Waterbed City feels it is being discriminated against
because the Sound Warehouse protrudes and the Waterbed City portion
recedes; the furniture must be protected from the glare and that
the glare disturbs the customers. Mr. Hochstim disagreed, saying
that there is not sun coming from that side as the building
ERPB Minutes 2 05 -21 -91
t'�
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 S
REPRESENTING THE BALANCE OF AN AGREED ADJUSTMENT TO
FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY
BORGOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH
LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN
WHEREAS, by Resolution number 75 -90 -9102 the City Commission
authorized the employment of Gregory Borgognoni of Ruden, Barnett
et al in conjunction with litigation regarding the City's
Comorehensive Plan; and
WHEREAS, the Citv received invoices for legal services
rendered pursuant to the aforesaid Resolution for the period
ending October 1, 1990 for a total of $35,661.53, but the
Commission noted apparent discrepancies in the calculation of the
total; and
WHEREAS, on May 21, 1991, by Resolution number 69 -91 -9133
the City Commission authorized the disbursal of $ 33,011.53 to
Mr. Borgognoni pending mutual review and revision of the
invoices presented; and
WHEREAS, the City Administration has now conferred with Mr.
Borgognoni and determined the correct total to be $ ;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $.. to Gregory Borgognoni of Ruden,
Barnett et al representing the balance of legal services rendered
in conjunction with litigation regarding the City's Comprehensive
Plan.
Section 2. The disbursement be charged to account number
2100 -5570: "Reserve for Prior Years Encumbrances ".
/o
PASSED AND ADOPTED this th day of June, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
BID PROCEDURES FOR THE PURCHASE OF ONE CUSHMAN MODEL
454 POLICE VEHICLE FOR THE CITY'S POLICE DEPARTMENT;
AUTHORIZING AN EXPENDITURE NOT TO EXCEED $ 31168.00 TO
CUSHMAN OF FT. LAUDERDALE, INC.; CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 1110 -4820: "POLICE -
OPERATING EQUIPMENT ".w
\1�
WHEREAS, the City of South Miami Police Department presently
zequires an additional (third) Cushman Model 454 police vehicle
to replace the older of the two such vehicles presently being
used by the Department; and
WHEREAS, the Police Department has inquired with various
suppliers to determine the availability of a Cushman Model 454
Police Vehicle required; and
WHEREAS, the results of that inquiry have been that only
Cushman of Ft. Lauderdale Inc., has this particular one Cushman
Model 454 Police Vehicle; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
Of supply, if available, such determination to be made by the
City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of
South Miami, Florida do hereby authorize the City Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for the purchase of one Cushman Model 454
Police Vehicle, upon the basis that this equipment is only
available from a single source of supply.
Section 2. That the City Administration be, and hereby is,
authorized to expend a sum not to exceed $ 3,168.00 to Cushman of
Ft. Lauderdale Inc., for the purchase of one Cushman Model 454
Police Vehicle.
Section 3. That the disbursement be charged to account no.
01 -1910 -6930 "Police - Operating Equipment ".
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
th day of June, 1991.
APPROVED:
MAYOR
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 $ 14,856.00 TO BARTON-
ASCHMAN ASSOCIATES, INC., REPRESENTING FEES INCURRED
FOR EXPERT WITNESS PREPARATION AND TESTIMONY IN
CONJUNCTION WITH LITIGATION REGARDING THE CITY'S
COMPREHENSIVE PLAN
WHEREAS, by Resolution number 75 -90 -9102 the City Commission
authorized the employment of Gregory Borgognoni of Ruden, Barnett
gl A_J in conjunction with litigation regarding the City's
Comprehensive Plan; and
WHEREAS, thereafter Gregory Borgognoni employed Barton-
Aschman Associates, Inc., as expert witnesses in conjunction with
the said litigation; and
WHEREAS, the City has now received invoices for services
rendered pursuant to the aforesaid employment from Barton - Aschman
Associates Inc., for a total of $ 14,856.00;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $ 14,856.00 to Barton- Aschman Associates,
Inc., for services rendered in conjunction with litigation
regarding the City's Comprehensive Plan.
Section 2. The disbursement be charged to account number
2100 -5510: "General Fund Contingency ".
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
f'
Barton- Aschman Associates, Inc.
5310 N.W. 33rd Avenue. Suite 206 Phone: (305) 733 -4220
Fort Lauderdale, Florida 33309 Fax: (305) 733 -4665
USA Dade: (305) 681 -0552
April 2, 1991
Mr. Martin Berg, Esq.
19 West Flagler Street
Suite 802
Miami, Florida 33130
Dear Mr. Berg:
In regards to the Expert Witness testimony which we provided to the
City of South Miami in 1990, this letter is in response to your
request for an explanation of our work. We.were involved in
assisting in the preparation for trial of three cases: Meenan,
Elias, and Steinbauer.
Our charges were billed in October, November, and December, 1990,
to Mr. Gregory Borgognoni, who represented the City of South Miami
in these cases. The unpaid balance is contained in a series of
four invoices:
Invoice 60515
Invoice 60717
Invoice 61455
Invoice 61911
- $4,112.00
- $1,888.00 j
- $6,805.94
- $1,450.96
The amount which is due-and payable at this
time is $14,256.90.
The explanation provided below summarizes the types of activities
which we conducted for each of these three cases.
Meenan Case
In September, 1990, we conducted a field reconnaissance of the
subject property and the surrounding roadway network. This
included an identification of residential and non - residential land -
uses along Manor Lane, and a PM peak hour turning movement count at
the Manor Lane /78th Terrace /65th Place intersection. In addition,
we prepared a table identifying alternative development scenarios
which would generate additional traffic on Manor Lane to determine
the maximum level of traffic volume growth which could be
anticipated. These alternative development scenarios were provided
to us by the City's Land Planner, Robert Swarthout. In addition,
we documented the roadway design elements which were relevant to
0
i
'`I
Barton- Aschman Associates, Inc.
Mr. Martin Berg, Esq.
April 2, 1991
Page 2
Manor Lane and which confirmed its function as a local street based
on nationally recognized standards. We also reviewed previous
traffic documents provided to us by the City which related to
traffic circulation in the area. We discussed the findings of our
analysis with Mr. Borgognoni and with Robert Swarthout to assist
them in preparation for trial testimony.
Elias Case
We met with the attorneys representing the City of South Miami to
strategize on various development and roadway concurrency issues.
We assisted the City in preparing to take depositions of other
experts. We conducted a field reconnaissance of the subject
property and the surrounding roadway network. We reviewed the
current and previous ordinances and discussed them with the City
Land Planner to determine the maximum development potential which
could occur on the subject property. We conducted a traffic impact
assessment, consistent with Dade County standards to determine the
potential amount of additional traffic which could be generated by
the site. We were deposed by attorneys for Mr. Elias regarding our
involvement in traffic access and circulation. We prepared a
technical memorandum which reviewed the analysis of traffic impact
characteristics conducted by Miles Moss. We provided expert
witness testimony at trial related to our evaluation of Mr. Moss'
technical analysis.
Steinbauer Case
We conducted a field reconnaissance of the area in the vicinity of
the Steinbauer property and noted roadway and intersection
configurations. In addition, we conducted peak period turning
movement counts at nearby parcels to identify existing trip
generating characteristics. We also conducted PM peak hour turning
movement counts midblock on Manor Lane and at four other
intersections in the vicinity of the property. We also conducted
24 -hour machine counts on three roadway sections (Manor Lane, US1,
and Davis Road) . We reviewed traffic impact studies conducted for
other developments in the area to quantify additional amounts of
future traffic growth. We discussed potential redevelopment
.. .� ^... _-Z -- ..: LL 4.U- �: L.. T.. --7 r%lt --A .. 4♦... v........+ -6- -. I - i-- A.
14-Z.
Barton- Aschman Associates, Inc.
Mr. Martin Berg, Esq.
April 2, 1991
Pace 3
development or redevelopment of the subject parcel. We conducted
intersection capacity analysis at both signalized and unsignalized
intersections in the area using both existing traffic volume and
projected future volume conditions. We performed a traffic impact
analysis, consistent with Dade County guidelines, which identified
the roadway impacts associated with potential development of the
Steinbauer parcel. We prepared a technical memorandum which
summarized the results of our analysis. We attended a deposition
to report on the results of our traffic impact study.
We hope that this information provides adequate explanation of our
activities in support of the City -of South Miami on these court
cases. If I can be of additional help, please do not hesitate to
call.
Sincerely,
BARTON- ASCHMAN ASSOCIATES, INC.
P n D. e e
incipa s ciate
JDZ:rr
cc: Gregory Borgognoni
Please remit with one copy of this invoice to:
BA1Zr`ON-ASa0W ASSOCIAIES, INC.
PO Box 88527
CHICAGO, ILLINOIS 60680-1527
PROJECT: SOUTH 1�[= EXPERT 14IINESS
CITY OF S MIA CIO PLTDEN RARNETT 'r1C=1\-Y
701 BRICI�ZU AVENUE STE 1900
MIAMI, FL 33131
ATIN TO: Gregory Borgognoni
Invoice No. 60515
October 5, 1990
Page number 1
Professional services rendered from Project Initiation through Sept.21, 1990
Task: 3685-01-01 SOUTH MIAMI EXPERT WITNESS
Staff Tire:
PRINCIPAL ASSOCIATE
ZB=, JOHN D.
SUPPORT STAFF
=G, BEVERLEY A.
Hours Rate Amount
36.50 110.00 4,015.00
2.00 45.00 90.00
Total Staff Tim: 38.50 4,105.00 4,105.00
COMPUTER 7.'00
Total Expenses: 7.00 7.00
Total costs This Task: 4,112.00
TOTAL DUE THIS INVOICE: 4,112.00
iii - r;z
rr
If you have any questions regarding this invoice, please call our Accounts
Receivable Department at (708) 491-1000.
Project Manager Copy BILLED -10/05/90
L'
Invoice Number 60717
BA proj. No. 3685.01.01
Offer 25, 1990
City of south �losky
c/o Roden Banes Suite 1900
701 gricell Avenue,
Miami f 1,L 33131
Attn: Gregory Borgognoni 1990 throuc :
ces erect from p�mber 22,
Billing for pro fessional sere with expert witness work for the Elias Case-
October 5, 1990 in connect
AMUM DUE $ 11888.00
RUT PAMMr AND ONE Copy T0:
Barton-Aschran AsSOciates, Inc.
P.O. BoX 88527
aLicago, IL 60680 -1527
(708) 491-1000 eX. 224
TTB 60717 3685.01.01 1888.00
pro? eat Manager Co
INVOICE
Please remit with one copy of this invoice to:
BARIbN- ASCHMAN ASSOCIATES INC
PO Box 88527
CHICAGO, ILIIr1OIS 60680 -1527
Invoice No. 61455
November 30, 1990
Page number 1
CITY OF S MIA C/O RUDEN BAR= MCCIOSKY
701 BRICKELLI, AVENUE STE 1900
MIAMI, FL 33131
ATIN: Gregory Borgognoni
Professional services rendered from October 20, 1990 through Nov. 16, 1990
Task: 3685 -01 -01 SOUTH MIAMI EXPERT WITNESS
Staff Time:
PRINCIPAL ASSOCIATE
ZBGEER, JOHN D.
ASSOCIATE
CRAGG, CASE A.
..14
a :s a•
Total Staff Time:
TELEPHONE & FAX
POSTAGE & FREIGHT
Hours Rate Amount
31.00 110.00 3,410.00
51.50 55.00 2,832.50
11.00 45.00
93.50
495.00
6,737.50 6,737.50
Amount
55.44
13.00
Total Expenses: 68.44 68.44
Total Costs This Task: 6,805.94
'TOTAL DUE THIS INVOICE: 6,805.94
If you have any questions regarding this invoice, please call our Acccunts
Receivable Departmnt at (708) 491 -1000.
project Manager Copy
r
BILLED - 12/03/90
INVOIt;-
Please remit with one copy of this invoice to:'
BARMASOMNN ASSOC DIc• .
PO Box 88527
CHICAGO, ILIMNOIS 60680 -1527
CI'T'Y OF S MIA C/O RUDEN BAPI&T ' YIOCT13SIiY
701 BRICI= AVENUE STE 1900
MIAta, FT, 33131
ATIN: GregorY Borgognoni
`L
Invoice No. 61911
December 26, 1990
Page numMY 1
14, 1990
Professional services rde'ed from November 17, 1990 through De,•
Task: 3685 -01 -01 SOUTH MIAMI EXPOC WITNESS
Staff Tire:
PRINCIPAL ASSOCIA'T'E
NDSEI, DAVID R.
Total Staff Time:
r �
�. a r.
Hours Rate
.50 100.00
.50
Amount
50.00
50.00 50.00
Amount
1,100.00
83.13
174.09
20.74
23.00
Total MgDenses: 1,400.96 1,400.96
Total Costs This Task: 1,450.96
TOTAL DUE THIS INVOICE: 1,450-96
If If you have any questions regarding this invoice, Please call our Accounts
Receivable Department at (708) 491 -1000.
.project Manager CopY
BI TED - 12/26/90
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -5.17 (D)(3) OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO WITHDRAW
THE AUTOMATIC BAR TO DESIGNATION AS AN HISTORIC SITE IF
AN OBJECTION IS FILED BY THE PROPERTY OWNER; PROVIDING
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
EFFECTIVE DATE.
WHEREAS, on June 1, 1982 by Ordinance No. 21 -82 -1144, the
City of South Miami amended its then existing Ordinance to remove
the automatic bar to designation as an historic site if an
objection was filed by the property owner; and
WHEREAS, through scrivener's error, the old version of the
Ordinance was reenacted when the Land Development Code was
enacted in 1989, such that Section 20 -5.17 (D)(3) of the Land
Development Code currently provides that upon the filing of
obJections by owners of property proposed for individual
designation as an historic site, "the property shall not be
designated if an objection is filed "; and
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida will wish to amend the Land Development Code to
provide for the standard set forth by the Commission in
Ordinance No. 21 -82 -1144;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sub - Sections (b) through and including (e) of
Section 20-5.17 (D)(3) "Objectionsll of the Land development
Code of the City of South Miami be, and hereby are, deleted.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
1c.qnfAict herewith be, and the same are, hereby repealed.
r
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST;
CITY CLERK
READ AND APPROVED AS TO FORM;
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E) ; PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4. (B)(4); PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Eating Place" to better
regulate the distinct types of businesses which have operated under
this use,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises.
£ A�fN6- a�E£--- Sds��- �eecn- sn�- eettng- e9tsi���shMent- Nhere- feed -stud
d�in�- �a- prepQred ; - eer+red- at�d- eeneeuaed -en- the- premiaea-
RESTAURANT. Shall mean an establishment for the sale of food and
beverages, the method of operation being either: sit -down
restaurants where customers are provided with an individual menu
and food and beverages are served by a restaurant employee, or
cafeteria -type restaurants where food and beverages are served and
are consumed on the premises.
RESTAURANT, ACCESSORY. Shall mean an establishment for the sale
of food and beverages which has access to a common circulation area
within an office center. This use may include take -out service and
delivery service. Seating must be provided for all patrons.
RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of
food and beverages where the method of operation is that of a fast -
food or drive -in restaurant, and where food and beverages may be
served directly to the customer in a motor vehicle. This use may
include delivery service with the approval of the City Commission.
15
1
• r
Section 2. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to delete the following:
C I P
ZONING DISTRICTS 0 A
N R
I RI LI MI NI S1 GI II D K
01 01 01 RI RI RI S G
Lst'n see- eeeessor - - - -5 - 5�-------------- -6 - -� - -�
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C P
ZONING DISTRICTS 0 A
N R
RI LI M) NJ SI G; II D I K
O 01 0 R R RI S G
Restaurant, Fast Food 1 1 1 1 1 1 S1 S1 4(b) 1 7
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. For restaurants located in the SR zoning district,
if the street frontages of restaurants in any block
exceed twenty (20) percent of the total street
frontage for that block, then any new restaurant is
prohibited from locating in that block.
ii. All such establishments shall provide only inside
or patio service on private property.
iii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress or egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300) feet from any other Fast Food
Restaurant.
i. The City Commission shall review and approve the
site plan.
2
� � I
Section 5, If any section, clause, sentence, or phrase cf this
Ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shall in no wav affect
the validity of the remaining portions of this Ordinance.
Section 6. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
3
, 1990.
r E 4
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE
12 -90 -1451 TO PROVIDE FOR WRITTEN APPROVAL OF PRIVATE
PROPERTY OWNERS FOR NEWSRACKS INSTALLED ON PRIVATE
PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 21, 1990 by Ordinance 12 -90 -1451, the
Citv of South Miami enacted an Ordinance regulating newsracks, to
deal with, inter alia, questions regarding the design and
installation of certain newsracks; and
WHEREAS, the City Administration has determined that, in
addition to newsracks located on public property, there exist
numerous newsracks on private property which pose the same
questions of public aesthetics and safety as the newsracks
located on public property; and
WHEREAS, the Mayor and City Commission wish to amend
Ordinance 12 -90 -1451 to make provisions for newsracks installed
on private property;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 13 of the Code of Ordinances of the
City of South Miami, Florida be, and the same is, hereby amended
to add the words "and private property" following "public rights-
of-way" in the heading in Section 13 -59.
Section 2. Chapter 13 of the Code of Ordinances of the
Citv of South Miami, Florida be, the same is, hereby amended to
add the following as the last sentence in sub - section 13 -62 (a):
Each newsrack installation on private property shall be
preceded by a written approval from the property owner.
Section 3. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
6 av affect the validity of the remaining portions of this
a f r
Ordinance.
Section 4. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
V4
'
'-
IA
CITY OF SOUTH MIAMI TREE LIST
Parks, Streets and Commercial
Medium and Small Non - Native (Exotic) Trees (less than 30' overall)
Botanical Name
Common Name
Max.
Size
Rate
Carambola
30'
x
20'
M
Lipstick Tree
15'
x
10'
M
Lady of the night
10'
x
5'
M
Jamaca Jasmine
15'
x
10'
M
Caesalpinia mexicana
Dwarf Poinciana
15'
x
10'
M
Caesalpinia pulcherima
Dwarf Poinciana
15'
x
10'
F
Cassa ,e surattensis
Scrambled Egg Tree
20'
x
15'
F
Cassia beareana
Bear's Cassia
20'
x
15'
M
Clerodendrum minahassae
Tube Tree
10'
x
5'
M
Clusia guttifera
Small leaf Clusia
25'
x
20'
M
Varies
Varies
M
Cordia boissieri
White Texas Olive
25'
x
20'
M
Eriobotrya japonia
Loquat
20'
x
15'
M
Jatropha hastata
Red Jatropha
15'
x
10'
F
Lagerstroemia indica #
Crape Myrtle
20'
x
10'
M
Moringa oleifera
Horseradish Tree
20'
x
15'
M
Tropical Dogwood
10'
x
5'
M
Murraya paniculata
Orange Jasmine
15'
x
15'
M
Jerusalem Thorn
20'
x
15'
M
Frangipani Tree
25'
x
20'
M
Psidium littorale
Catteya Guava
15'
x
10'
M
Sabinea carinalis
Carib Wood
15'
x
10'
M
Senna polyphylla
Twin Senna
15'
x
10'
S
Sesbania grandiflora
Hummingbird Tree
25'
x
20'
M
Tabebuia caraiba #
Yellow Tabebuia
20'
x
15'
M
Large Non - Native (Exotic) Trees
(more than 30' overall)
* *Bombax ceiba #
Red Silk Cotton
1001+
F
* *Bombax pentandra #
Great Bombax Tree
1001+
F
Bulnesia arbora *
Yellow Vera
50'
x
30'
M
Cassia fistula (Yellow) *
Golden Shower
60'
x
30'
M
Cassia javonica (Pink)
Pink Poinsiana
50'
x
50'
M
Pink /Yellow Shower
50'
x
50'
M
* *Ceiba pentandra or sp. #
Kapok Tree
90'
x
50'
M
* *Chorisia speciosa #
Pink Chorisia
60'
x
40'
M
Star Apple
50'
x
30'
M
Yellow Buttercup
40'
x
20'
M
Various species
301+
F
* *Delonix regia *#
Royal Poinciana
50'
x
50'
F
Jacaranda acutifolia *#
Jacaranda
50'
x
30'
M
Lagerstroemia speciosa #
Tree Crape Myrtle
50'
x
30'
S
Lonchocarpus violaceous
Lancepod
30'
x
20'
M
Lysiloma sabicu
Weeping Sabicu
40'
x
20'
M
Manilkara zapota
Sapodilla
80'
x
40'
M
Pachira aquatica
Guiana Chestnut
40'
x
30'
M
Peltophorum dubium *
Yellow Poinciana
70'
x
40'
F
Pimenta dioica *
Allspice
40'
x
15'
M
Podocarpus gracilior *
Weeping Podocarpus
60'
x
30'
M
Pongamia pinnata *#
Pongam
40'
x
30'
M
Shaving Brush Tree
40'
x
30'
F
African Tulip Tree
60'
x
20'
F
Tabebuia heterophylla *
Pink Tabebuia
40'
x
20'
M
Tabebuia sp.
Various Species
30'+
M
CITY OF SOUTH MIAMI TREE LIST
page 2
Large Native Trees (more than 30' overall) Ecosystem: Pineland or Hammock
Botanical Name
Common Name
Max. Size Rate
Bumelia salicifolia med.*
Willow Bustic
40'
x
20' M
Bursera simaruba *
Gunbo Limbo
50'
x
40' F
Canella winterana med.
Wild Cinnamon
40'
x
30' S
Chrysophylum oliviforme med.*
Satinleaf
40'
x
20' M
Conocarpus erectus*
Green Buttonwood
60'
x
40' F
Cocoloba uvifera *
Seagrape
40'
x
30 M
Cocoloba diversifolia *
Pigeon Plum
40'
x
20' M
Cordia Sebestena med. *
Orange Geiger
40'
x
30' S
C1usia rosea med.
Signature Tree
50'
x
50' M
Exothea paniculata
Inkwood
40'
x
30' M
Ficus citrifolia
Short Leaf Fig
50'
x
40' F
Guapira longifolia med.
Blolly
40'
x
30' M
Ilex cassine med. *
Dahoon Holly
40'
x
20' M
Licaria Triandra med.
Gulf Licaria
40'
x
30' M
Matichodendron foetidissium
Mastic
80'
x
60' F
Pinus eliottii "Densa" Parks
Dade County Pine
80'
x
40' M
Piscidia piscipula #
Jamaca Dogwood
40'
x
30' F
Lysiioma latisiliqua *#
Wild Tamarind
60'
x
40 F
Quercus virginiana *
Live Oak
80'
x
80' S
Simarouba glauca *
Paradise Tree
60'
x
40' F
Swietenia mahogoni *
Mahogony Tree
60'
x
40' M
Ecosystem: Wetland of edge of fresh water body
Medium & Small Native Trees (less than 30' overall)
Acacia farneseana
Red Maple
80'
x
40' F
Ficus citrifolia
Short Leaf Fig
50'
x
40' F
Ficus aurea
Strangler Fig
80'
x
80' F
Fraxinus caroliniana
Pop Ash
60'
x
40' F
Ilex cassine *
Dahoon Holly
40'
x
20' M
Magnolia virginiana
Sweet Bay
40'
x
20' M
Paurotis wightii *
Paurotis Palm
40'
x
20' M
Eugenia confusa
Bald Cypress
90'
x
40' M
Sabal palmetto *
Sabal Palm
60'
x
12' M
Roystonea regia *
Royal Palm
90'
x
20' M
Medium & Small Native Trees (less than 30' overall)
Acacia farneseana
Sweet Acacia
20'
x
20' F
Ateramnus lucidus
Crabwood
20'
x
10' M
Calyptranthes pallens
Spicewood
20'
x
10' M
Calyptranthes zuzygium
Myrtle -of- the -River
20'
x
10' M
Capparis cynoph allophora
Jamaca Caper
20'
x
10' M
Conocarpus erectus "sericeous'
Silver Buttonwood
25'
x
20' M
Eugenia axillaris
White Stopper.
20'
x
10' M
Eugenia confusa
Red Stopper
25'
x
15' S
Eugenia foetida
Spanish Stopper
20'
x
10' M
Juniperus silicicola
Southern Red Cedar
25'
x
20' M
Guaiacum sanctum
Lignum Vitae
15'
x
10' M
Krugiodendron ferreum
Black Ironwood
25'
x
15' M
Myrica cerifera
Wax Myrtle
20'
x
15' M
Myrcianthes fragrans
Simpson Stopper
20'
x
10' M
Myrsine floridana
Myrsine
20'
x
10' M
Picramnia pentandra
Bitterbush
15'
x
10' M
Pithecellobium guadalupense
Blackhead
20'
x
15' M
Coralia boissieri
Texas Wild Olive
M
Capparis cynophalophora
Jamaican Caper
M
Note: All species should be researched for their soil and nutrient tolerances and
specific site requirements. All species listed should be matched their ecosystems.
* Indicates Commonly Available Ball & Burlap 10'+
S Slow Growth Rate
M Medium Growth Rate
F Fast Growth Rate
# Decidous Tree
** Suitable for parks and large areas p
NoY'
.a �
1: .. '�
��tfit � Y;
�� \ .�
G�W
��� �
t ,
L�/ vim"_ C,- �%`� --G��
��`�- �th�Gi LL�L?rT �
_,i � 1
.v \
/ � t �j�
. � 'r, J'
� �� �, � l`
;�` .
-�
r-- -�---� ,.� �
.., . ,,
.�
`�
OFFjCIAL AGENDA
It r
CITY OF' SOUTH MIAMI
6130 Sunset Drive
s
v
REGULAR CITY COMMISSION MEETING
Next
Resolution: 75 -91 -9139
7:30
p.m.
Next
Ordinance: 16 -91 -1481
June
4th, 1991
Next
Commission Meetina: 6111/91
* *Summer Schedule"
A.
Invocation
B.
Pledge of Allegiance to th.e
Flag of the
United States of
America
C. Presentations-:
D. Items fo-r Commission Consideration
a. Approval of Minutes: May 21, 1591
b. City Manager's Report
C. City Attorney's Report
ORDINANCES= THIRD 'READI'NG AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commi,s-sion of the City
of South. Mia-ml, Florida, auth.ori-zi,ng th.e City Manager to
negotiate and execute all necessary documents for the
financing of the construction of a new, Public Works Department
facility by a fifteen (.15) year loan of $650*,00`0.'00 payable
from the General Revenues of the City using the City's
Revolving Trust Fund as- collateral to the extent required
without otherwise liening the Ci'ty "s assets for the repayment
of th.e loan; providing for ordinances or parts of ordinances
in conflict; providing for severabilfty and providing for
an effective date.
(Vice - Mayor). 4/5
ORDINANCES - SECOND READING AND PUBLIC HEARING:
5. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, amending Ordinance No. 33 -80 -1992, to
correct a scrivener's error in the legal description therein
to read as follows: that certain unimproved right -of -way located
on Southwest 60th Avenue between southwest 80th street and
southwest 81st street, South Miami, Florida, which unimproved
right -of -way is bordered on the east by Tract 14 and bordered
on the west by Tract 11, both Tracts beinq in the revised plat
of a portion of the amended plat of Palm Miami Heights and
providing for an effective date.
(City Attorney) 3/5
6. An Ordinance of the City of South Miami, Florida, amending
Ordinance 5 -91 -1470 of the City of South Miami, Florida to
provide a limitation on fines for delinquent occupational
license renewal; providing for severability; ordinances in
conflict; and an effective date.
(City Attorney) 3/5
RESOLUTIONS FOR PUBLIC HEARING:
7. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida abandoning and vacating a portion of
Riviera Court, south of SW 53rd Terrace and legally described
hereinbelow; retaining certain utility rights; and providing
for an effective date.
(Planning Board /Adm.) 3/5
OFFICIAL AGENDA
June 4th, 1991
Page 2 of
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, denying an appeal from the
Environmental Review and Preservation Board by Victoria Alonso
with regard to a porch addition for the property commonly
known as 4224 SW 60 Place, South Miami, Florida 33143.
(City Attorney) 3/5
9. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to negotiate
a contract for Architectural Services with Hatcher, Zeigler,
Gunn & Associates for improvements to the City's Public Works
Yard and Police Department. (City Manager) 3/5
10. A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, authorizing the City Manager to
disburse the sum-of $ representing the balance
of an agreed adjustment to fees incurred for legal representation
by Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with
Litigation regarding the City's Comprehensive Plan.
(City Manager) 4/5
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing a waiver of bid procedures
for the purchase of one Cushman Model 454 Police Vehicle for
the City's Police Department; authorizing an expenditure not to
exceed $3,168.00 to Cushman of Ft. Lauderdale, Inc.; charging
the disbursement to Account No. 1110 -4820: "Police- Operating
Equipment ".
12. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Manager to disburse
the sum of $14,856.00 to Barton - Aschman Associates, Inc.,
representing fees incurred for expert witness preparation and
testimony in conjunction with litigation regarding the City's
Comprehensive Plan. (City Manager) 4/5
13. A Resolution authorizing the City Manager to advertise for
a request for proposals to provide auditing services as
required pursuant to Article IV, Section 4 E. of the Charter
of the City of South Miami, Florida. (Mayor McCann) 3/5
ORDINANCES - FIRST READING:
14. An Ordinance amending Section 20 -5.17 (D)(3) of the Land
Development Code of the City of South Miami, Florida, to
withdraw the automatic bar to designation as an historic
site if an objection is filed by the property owner; providing
for severability; ordinances in conflict and an effective date.
(City Attorney) 3/5
15. An Ordinance amending Section 20 -2.3 of the Land Development
Code of the City of South Miami to provide specific definitions
for catering services; restaurant, restaurant, accessory; and
restaurant, fast food; deleting eating place definition from
Section 20- 3.3(E); deleting eating place (accessory) from
Section 20 -3.3 (E); providing the aforesaid restaurant
categories as a special use in Section 20 -3.3 (E); providing
special use conditions for restaurant and restaurant, fast
food in Section 20 -3.4 (B)(4); providing for severability;
Providing for ordinances in conflict and providing for an
effective date. (Mayor McCann) 4/5
ORDINANCES - FIRST READING (continued):
16. An Ordinance amending Ordinance No. 12 -90 -1451 to provide
written approval of private property owners for newsracks
installed on private property; providing for severability;
providing for ordinances in conflict and providing an
effective date. (City Manager) 3/5
REMARKS:
none
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed :ngs is
Aade, which record includes the testimony and evidence upon which the
appeal is,,based. `
�r
ORDINANCE NO.
,g /
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY
DOCUMENTS FOR THE FINANCING OF THE CONSTRUCTION OF A
NEW PUBLIC WORKS DEPARTMENT FACILITY BY A FIFTEEN (15)
YEAR LOAN OF 5650,000.00 PAYABLE FROM THE GENERAL
REVENUES OF THE CITY USING THE CITY'S REVOLVING TRUST
FUND AS COLLATERAL TO THE EXTENT REQUIRED WITHOUT
OTHERWISE LIENING THE CITY'S ASSETS FOR THE REPAYMENT
OF THE LOAN; PROVIDING FOR ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida have determined the existing Public Works
Department Facility needs to be replaced at an estimated cost of
$ 650,000.00; and
WHEREAS, the City presently has a Revolving Trust Fund in
the approximate principal balance of $ 1,155,000.00; and
WHEREAS, the Mayor and City Commission wish to provide for
the financing of the required Public Works Department Facility by
negotiatinq a loan of $650,000.00 with repayment to be from
general revenues of the City over a term of 15 years using the
City's Revolving Trust Fund, to the extent required, as
collateral for the loan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby is,
authorized to negotiate and execute the documents necessary for
the construction of a new Public Works Facility by obtaining of a
15 year loan of the sum of S 650,000.00 for the construction of a
new Public Works Facility, said loan to be paid from the general
revenues of the City using the City's Revolving Trust Fund, to
the extent required, as collateral for the loan, without
otherwise pledging, mortgaging, or liening the City's assets for
the repayment of the loan.
Section 2. If any section, clause, sentence, or phrase of
this ordinance is held to be invalid or unconstitutional by any
0
tlourtt of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
th day of , 1991.
APPROVED:
MAYOR
2
V
ORDINANCE NO.
AN ORDINANCE OF CITY OF SOUTH MIAMI, FLORIDA, AMENDING
ORDINANCE NO. 33 -80 -1092, TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION THEREIN TO READ AS
FOLLOWS: THAT CERTAIN UNIMPROVED RIGHT -OF -WAY LOCATED
ON SOUTHWEST 60TH AVENUE BETWEEN SOUTHWEST 80TH STREET
AND SOUTHWEST 81ST STREET, SOUTH MIAMI, FLORIDA, WHICH
UNIMPROVED RIGHT -OF -WAY IS BORDERED ON THE EAST BY
TRACT 14 AND BORDERED ON THE WEST BY TRACT 11, BOTH
TRACTS BEING IN THE REVISED PLAT OF A PORTION OF THE
AMENDED PLAT OF PALM MIAMI HEIGHTS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida have determined that a scrivener's error occurred
in the preparation of Ordinance 33 -80 -1092; and
WHEREAS, the Mayor and City Commission wish to correct the
scrivener's error so that the legal description therein is
correct and is so reflected in the Public Records;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The legal description set forth in existing
Ordinance 33 -80 -1092 be, and hereby is, amended to read as
follows:
that certain unimproved right -of -way located on
Southwest 60th Avenue between Southwest 80th Street and
Southwest 81st Street, South Miami, Florida, which
unimproved right -of -way is bordered on the East by
Tract 14 and bordered on the West by Tract 11, both
Tracts being in the Revised Plat of a portion of the
Amended Plat of Palm Miami Heights
Section 2. That the City Clerk be, and hereby is,
authorized to execute and record the documents necessary to
accomplish the foregoing correction of legal description.
Section 3. This Ordinance shall take effect immediately
at the time of its passage.
J
r . PASSED AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
N
APPROVED:
MAYOR
2
:960 NOV it 7 PH ' 3: 53
9vR3J893 "'
u933 ; 99
ORDINANCE NO. 33 -80 -1092
AN ORDINANCE OF THE CITY OF SOUTH '1IAti1I ,
FLORIDA, ABANDONING AND VACATING A'CERTAIN
DESCRIBED UNIMPROVED RIGHT -OF -WAY LOCATED
�\
ON SOUTHWEST 60TH AVENUE BETWEEN SOUTHWEST
80TH STREET AND SOUTHWEST 81ST STREET, `
SOUTH MIAMI, FLORIDA, WHICH UNIMPROVED
RIGHT -OF -WAY IS BORDERED ON THE EAST BY
TRACT 114 AND BORDERED ON THE WEST BY
TRACT 111, BOTH TRACTS BEING IN THE
REVISED PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIAMI HEIGHTS, AND WHICH UNIMPROVED
RIGHT -OF -WAY IS FURTHER OUTLINED IN BLUE ON THAT
CERTAIN SKETCH ATTACHED TO THIS ORDINANCE,
RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING
WHEN THIS ORDINANCE SHALL TAKE EFFECT.
WHEREAS, the Cit %r has determined that it is in the
best interest of the City that the unimproved right -of -way
hereinafter described be abandoned and vacated, and
WHEREAS, the City has no need for the unimproved
right -of -way hereinafter abandoned and vacated, and
WHEREAS, it would be to the interest of the general
welfare of the citizens of the City of South Miami to abandon
and vacate the unimproved right -of -way hereinafter referred to.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That all the land shown as "unimproved
right -of- way, "located on Southwest 60th Avenue between Southwest
80th Street and Southwest 81st Street in the City of South Miami,
Florida, said unimproved right -of -way being 50 feet wide and
275.29 feet long more or less, running north and south, which
unimproved right -of -way is bordered on the east by Tract 114
and bordered on the west by Tract 111, both Tracts being in
the Revised Plat of a portion of the Amended Plat of Palm Miami
Heights, according to the Plat thereof, as recorded in Plat Book
43, Page 37, of the Public Records of Dade County, Florida, and
which unimproved right -of -way is further outlined in blue on that
certain sketch attached to this Ordinance, be, and the same is
ierebv abandoned and vacated.
�i
r
co
Section 2. The City retains the right to maintain,
install, operate, repair and replace by itself or by any licensee or
a holder of a franchise from the City any poles, wires, pipes,
conduits, sewer mains, water mains, or anv other facility or
equipment for the maintenance or operation of any utility now or
hereafter located in the unimproved right -of -way or portion
thereof abandoned or vacated by this Ordinance.
Section 3. This Ordinance shall take effect
immediately at the time of its passage.
PASSED and ADOPTED this 21st day of October 11980.
APPROVED:
j Mayor
,'0) f R AZ�st:
�i
City Clerk
Passed on First Reading: 10/07/80
Passed on Second Reading: 10/21/80
AUMED IX 0"WAM REDO{ tM
of DAD[ 0OLMOM AAMM►
Atmo VMPM
4'UCHAADP extxEZHf
CLERK C1RCUfT COURT
r 0
Ar FI DAVI T
3efore me, the unaersignea officer authorized to take
dcxnowiedgments ana administer jaths, personaily aDpeared
Rosemary vascura, who, having been duly cautioned ana sworn,
:reposes ana says:
1) Your Affianc is the City Clerk of the City or South
:Miami, Florida.
') Your Affianc has reviewed the City records.
3) Based upon said review, the City Clerk has determined
tnat there is a typographical error in the legal description
contained in Ordinance No. 33 -80 -1092 dated October 21, 1980
recorded in Plat Book 43, Page 37 of the Public Records of Dade
County, Florida.
�-) That the correct legal description should be:
A CERTAIN DESCRIBED UNIMPROVED RIGHT -
OF —WAY LOCATED ON SOUTHWEST nOTH
AVENUE BETWEEN SOUTHWEST 80TH STREET
AND SOUTHWEST 81ST STREET, SOUTH "11AMI ,
FLORIDA, WHICH UNIMPROVED RIGHT —OF —WAY
IS BORDERED ON THE EAST BY TRACT 14 AND BORDERED
ON THE WEST BY TRACT 11 , BOTH TRACTS BEING IN
THE REVISED PLAT OF A PORTION OF THE AMENDED
PLAT OF PALM MIA;II HEIGHTS .. .
and therefore your Affiant has, today, filed a
corrected copy Ordinance No. 33 -80 -1092 with the Clerk of the
County of Dade.
Sworn and subscribed before me this day of 4/U-12
,
1991. �Q
My Commission expires:
Ncrtar,4 Public
NOTARY PUBLIC. STATE OF FLORIDA: S t a t of Florida
My COMMISSION EXPIRES: DEC. 18. 19931
90NDEO TIIRU NOTARY PUBLIC UNDERWRITERS.
0/00 �
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ORDINANCE 5 -91 -1470 OF THE CITY OF SOUTH
MIAMI, FLORIDA TO PROVIDE A LIMITATION ON FINES FOR
DELINQUENT OCCUPATIONAL LICENSE RENEWAL; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
WHEREAS, on March 5, 1991, the City of South Miami, Florida
has enacted Ordinance 5 -91 -1470, which amended sub - section 25 c)
of Ordinance 18 -80 -1071 to provide for an additional fine for
delinquent occupational license renewal; and
WHEREAS, it appears Florida Statute 205.053 limits municipal
powers to fine delinquent occupational license holders; and
WHEREAS, the Mayor and City Commission wish to amend the
Ordinance to accord with the State Statute;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section l., Sub - section 25 c) of the Ordinance 18 -80 -1077
be, and the same is, hereby amended to read as follows:
c). Enforcement procedures under this Ordinance for
occupational license renewals shall take effect after a
renewal is delinquent 4 months and 1 day and the
foregoing shall be in addition to all other fines as
specified for licenses not renewed within the specified
period of time; however, the total delinquency penalty
shall not exceed 25 percent of the occupational license
fee for the delinquent establishment.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent Jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
..onflict herewith be, and the same are, hereby repealed.
Section 4. This ordinance shall take effect immediately at
T
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
6
7-
§ 205.043
Nate 1
properly conditioned upon Issunnee of licenses
therefor, and city was entitled to withhold is•
su■nce of such Ilcente, in ahsenee of payment
of the occupational license fees. City of Miarnl
v. I.C. Sales, Inc., App., 276 So.2d 214 (1973).
Showing that the business of one operator of
vending machines in city had cxpenitc<, includ-
ing occupational license taxes, sticli that it
made nu profit dues not establish that city's
occupational license tax was excessive or con -
flswtury. Id.
The Cityy of North Miami may impose nrell.
pittional license taxes u}�on private leaseholds
of publicly owned Inds as pruvidcd in this
chapter unless exempted by law. Op.Alty.Gcn.,
076 -143, June 21. 1976.
Laws 1972, c. 72 -306, relative to oc:ntpation.
at license taxation, appears to prohibit a mtu.
nicipAlity from levying any occupatinnai Ii.
cease tax pursunnt to its charter act or other
special law, as the 1972 cnnctincnt is the only
authority for any municipal occupational li•
tense tax. Any municipal occupational license
rnx ordinance must be consistent with the pro•
vision.i of the 1972 enactment and such treat•
pntionnl license taut must be based upon rea.
sonable classifications established by the gov-
crning body of the municipality and be uni-
furtn throughout any given classification.
Whether any given license tax is, in law, based
upon a reasonable classification, is a judicial
question to be determined by the courts in
appropriate legal proceedings. Up.Atty.Gcn.,
072 -341, Oct. 9, 1972.
2- Base tax rate and allowable increases
In view of Local Occupational License Tax
Act which provides for ratification of all mu-
nicipal licenses adopicd, purruitnt to resolu•
Linn, ordinance or ►pccial law and further pro-
vides that they remain in effect until October 1,
1972. North Miami occupational license tax,
which imposed a $I tax on one cent vending
machines. it $5 tax on five cent machines, and
a $10 tax on ten and 25 cent machines, was
valid for fiscal year 1972. I.C. Sales, Inc. v.
City of North Miami. App., 251 So.2d 511
(1973).
TI a governing body of the city of Hollywood
may increase the occupational liccnsu taxes
now imposed by the city only by the amounts
or percentages prescribed by this section. Op.
Aity.Gcn., 08148, Sept. 17. 1981.
TAXATION AND FINANCE
Tltle 14
This chapter does not prohibit occupational
license taxation of businesses, occupations.
and professinns which were not tnxed by the
municipality before October 1, 1971, and a
municipality may, upon complying with the
terms and conditions of § 205.042, establish
new classification. and rates applicable thereto
for such prior untaxed businesses, nccupations
or prnfcssions. Op.Atty.Gcn., 073 -399, W. 25,
1973,
Jaws 1972, c. 72 -306, authorizes the imposi-
tion of an occupational license tax by munici•
polities separate from and in addlllan to the
county occupational license tax, and the rates
for said municipal occupational license tax
shall be set in accordance with the provisions
of this section, Op.Atty.Gen., 072 -291, Aug. 22,
1972.
3. Transfer [cc
The thrccniullar transfer fcc and the dclim
queney penalty fixed by the legislature in this
chapter arc presumptively valid and reason•
elite, and arc required to be given effect unless
end until declared by the judiciary to be arbl-
lrnry, unreasonable or otherwise invalid. Op.
Atty.Gcit., 073 -399, Oct. 25, 1973.
4. Refunds
Voluntary payment of invalid occupational
license tAx, which Its% been prnmulgatcd with-
out authorized procedure for protest, presents
no bar to recovery by taxpayer who fins paid
without protest. City of Miami v. Florida Re-
tail Federation, Inc., App., 423 So.2d 991
(1982).
Where exLemive occupational license tax un-
der consideration was unlawfully assessed,
nonpayment subjected taxpayers to severe
sanctions, and, accordingly, payment was in•
voluntary, recovery of refund was available
despite absence of protest. Id.
5. Attorneys fees
In action brought by group of merchants to
recover excess payments of occupational Il-
eenae tnxcs, attorneys' fees would be awarded
predicated upon benefit obtained for class
ntetubers by attorneys which benefit Included
not only rcintburscntent of funds, but removal
of threat of criminal prosecution: City of Mia-
mi v. Florlds Retail Federation, Inc., App., 423
So.2d 991 (1982).
203.053. Occupatlonal licenses; dates clue and delinquent; penalties
(1) All licenses shall be sold by the appropriate tax collector beginning
Septerftbcr 1 of each year and shall be dtic and payable on or before October I
of each ycar and shall expire. on Sepicuzber 30 of the succeeding year. In the
90
I
I
LOCAL OCCUPATIONAL LICENSE TAXES § 205.033
C6. 203 Nola 3
event that October 1 falls on a weekend or holiday, the tax shall be due and
payable on or before the first working day following October 1. Provisions
for partial licenses may be made in the resolution or ordinance authorizing
such licenses. Those licenses not renewed when due and payable shall be
considered delinquent and subject to a delinquency penalty of 10 percent for
the month of October, plus an additional 5 percent penalty for each month of
delinquency thereafter until paid. However, the total delinquency penalty
shall not exceed 25 percent of the occupational license fee for the delinquent
establishment.
(2) Any person engaging in or managing any business, occupation, or
profession without first obtaining a local occupational license, if required
hereunder, shall be subject to a penalty of twenty -five percent (25%) of the
license determined to be due, in addition to any other penalty provided by
law or ordinance.
Historical Note
Derivationt ber 1" in the first sentence, inteilmlated the
Laws 1983, c. 83 -204, § 40. second sentence, and substituted In the fourth
Laws 1973, c. 73 -144, 1. sentence "when due and payable" for "by Octo.
Laws 1972, c. 72306, § 1. ber 1 ".
Laws 1983, c. 83 -203, } 40, amending sub.
sec. (t), inserted "or lx;fut'c' preceding OCtW
Ubrory Reference:
licenses 4z32(1), 40, 41.
WESTLAW Topic No. 238,
C.I.S. Licenses §§ 68, 78 to 83.
Notes of Decisions
Construction and application 2
Wf"m 7
Fractional licenses 4
Indlctmsnt 6
Lelisladvc puwer 3
Penalty a
Refund& S
Validity 1
1. Validity
The prior provision to the effect that any
person convicted of carrying on a business for
which a license is required, without having
first obtained such a license, shall be punished
by a fine of not less than double the amount
reyulsed fur the license, did not viulate the
Declaretton of Rights that "cxccsstvc fines shall
twi bo Imimscd," Fresc Y. Statc, Z3 Fla. 267, 2
So. 1 (1887).
The three - dollar transfer fee and the delin•
quency penalty fixed by the legislature in this
chapter are presumptively valid and reason.
able, and arc required to be given effect unless
and until declared by the ludlclary to be arbl•
trary, unreasonable or otherwise invalid. Op.
Atty.Gen.. 073 -399, Oct. 25, 1973.
2. Construction and application
Laws imposing license taxes, and providing a
penalty for doing business without a license,
are penal In their nature, and should he strictly
cunstrued. Texas Co. v. Amus, 81 So. 471, 77
Fla. 327 (1919).
3. Legislative power
Laglslature can provide for Imposition and
collection of reasonable pcnallies for failure to
pay excise tax. McLin v. Florida Automobile
Owner's Protective Ass'n, 105 Fla. 169, 141 So.
147 (1932).
The power conferred and the duty imposed
on the county tax collector by tills Section to
issue or sell county occupation licenses or to
collect the county occupational license tax and
to apportion and distribute the revenues de-
rived therefrom may not be transferred by
ordinance from the tax collector to the local
8ovornment code enforcement boated. Op,Alty.
Gen., 83 --91, Oct, 2, 1984.
91
N
§ 205.053
Notil 4
4. Fractional Ucenses
in the absence of a provision for a pro rata
license, a person taking out a license must pay
the full amount prescribed even though he
tnkes out his license after the beginning of the
license year or discontinues his business before
the expiration of such year. 1939 Op.Atly.Gcn.
483,
5. Refunds
Attorneys were not required, as a condition
preccdct,t to obtaining refunds of occupational
license taxes paid pursuant to an invalid ordi.
nancc, to show that the occupational license
payments were made under protest. Hroward
County, Florida Fad. of County Com'rs. v. Rurn-
steiu. App. 4 Dist., 470 So.2d 793 (1985).
Fact that funds generated by occupational
license tax on attorneys had long since been
expended did not preclude refunds of taxes
paid pursuant to the invttlld ordinance. Bro.
ward County, Florida Ild. of County Com'rs. v.
Burnstcin, App. 4 ilist.. 470 So.2d 793 (1965):
In view of unreasonnhle delay in challenging
1980 ordinance increasing occupatiunnl license
tax an attorneys, lathes barred refunds for
taxes Maid pursuant to invalid ordinance prior
to 1982, the year when attorneys contested tine
tax. 13roward Cauttty, Florida Bd, of County
Com'rs. v. Burnstein, App, 4 Dist., 470 So.2d
793 (1985).
6. Indictment
An indictment against one for carrying on
the buslnesa of a hawker and pcddier without
license, %vho was not embraced within the pop•
ular and ordinary meaning of the words
"hawkers and peddlers" but was embraced
within the statutory definition beginning. "all
unlicensed traveling dealers," etc., in Lawn
1393, c. 4322, § 9, subd. 11, must follow the
languagc of this definition; and an indictment
in the ordinary or common-law form for
hawking and pLddling without license could
nut be sustained by proof of acts which would
not, independent of such statutory definition,
cons itute him a hawker and peddler. Hall v.
State, 39 Fla. 637, 23 So. 1I9 (1898).
Laws 1887, e. 3681, § 9. provided that no
Intoxicating liquors should be permitted to be
sold, unless the license tax imposed by the art
was first paid and a ilctnse for such sale. taken
out. Section 10 provided that "any person
• 4 * that shall carry oat or conduct any hnsb
mess ' ' ' for which a license is required,
without first obtaining such licensc, shall ' • •
be guilty of misdemeanor." etc. Held, that an
TAXATION AND FINANCE
Title 14
indictment was sufficient under this act which
charged that defendant "did engage in and
manage the business of it dealer in" intoxicat-
ing liquors, without having first taken out a
license therefor, as required by law. Roberta
v. State, 26 Fla. 360, 7 So. 861 (1890).
Where an indictment charges the sale of
liquor, or carrying on of the business of a
dealer therein without having a license, to have
been on it certain stated day and an divers
other days and times between such day and the
finding of the Indictment, all the allegation of
time after that of the particular day may be
rejected as surplusage. Dansey v, State, 23 Fla.
316, 2 So. 692 (1887).
It Is not necessary to allege In an indictment
for %citing liquors without a license or in one
for carrying on the httslness of dealer in li-
quors without a license. either the naine of a
person to whom file liquor was sold. or the
particular liquor said, tior that the defendant
ltad a place of business, nor that his place of
husiness was in an election district of a county,
Id.
92
When it person is charged in an indictment
with unlawfully carrying on the business of a
dealer in liquors, etc., it is unnccessary to state
the names of persons to whom sales were
made. Jordan v. State, 22 Fla. 528 (1866).
7. Defenses
On tin indictment for selling intoxicating II-
guors without a license, under Laws 1837, c.
3681, § 10, providing that persons staking
such sales shall be guilty of a misdemcamor, it
was no defense that defendant had tendered to
the proper officer the license tax prescribed by
that act, where the sales were made before the
license was granted. Roberts v. State, 26 Fla.
360, 7 So. $61 (1890).
8. Penalty
The penalty prescribed for the violation of
I .Aws 1883, c. 3413 under which the defendant
was convicted, was not less than double the
amount of the license required to anthoriae the
selling of liquor, six hundred dollars; and a
fine of nine hundred dollars for the violation
of said act was not excessive. Baeumel V.
State, 26 Fla. 7I. 7 So. 371 (1890).
Operators of coin operating machines on
which no licensc taxes have been paid are
liable to prosecution, and such license tax ntay
be collected by warrant, but tax collector or
other county official cannot seal such ma-
chines against use until such tax is paid. 1949
Op.Alty.Gen. 261.
I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ABANDONING AND VACATING A
PORTION OF RIVIERA COURT, SOUTH OF S.W. 53RD TERRACE
AND LEGALLY DESCRIBED HEREINBELOW; RETAINING CERTAIN
UTILITY RIGHTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Raphael and Emmanuelle Sardou have filed a petition
to close a portion of Riviera Court, South of S.W. 53rd Terrace
and legally described as follows:
That oortion of Riviera Court adjacent to Lots 11. 13,
and 15 of Riviera Pines, according to the Plat thereof,
recorded in Plat Book 22 at Page 20 of Public Records
of Dade County, Florida, bounded to the East by the
West line of Lot 11; by the West, by the East line of
Lot 15; by the South, by the North line of Lot 13;
bounded by the North, by the projection of the North
line of said Lot 15
a survev of which is attached hereto as Exhibit "A"; and
WHEREAS, thereafter, the matter was considered by the
Planning Board at its meeting of May 14, 1991 and approved by
vote of 6 -1; and
WHEREAS, the matter has now become before the City
Commission upon public hearing; and
WHEREAS, the City has determined it is in the best interests
of the Citv that the aforesaid road be abandoned and vacated as
the Citv has no use for said road and that it would be to the
general welfare of the citizens of South Miami to abandon and
vacate the said road,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the portion of Riviera Court adjacent to
Lots 11, 13, and 15 of Riviera Pines, according to the Plat
thereof, recorded in Plat Book 22 at Page 20 of Public Records of
r
Dade County, Florida, bounded to the East by the West line of Lot
11; by the West, by the East line of Lot 15; by the South, by the
North line of Lot 13; bounded by the North, by the projection of
the North line of said Lot 15, a survey of which is attached
hereto as Exhibit "A", be, and the same hereby is, abandoned and
vacated.
Section 2. The Citv of South Miami retains the right to
maintain, install, operate, repair and replace by itself or by
anv licensee or holder of a franchise from the City any poles,
wires, pipes, conduits, sewer mains, water mains, or any other
facility or equipment for the maintenance or operation of any
utilitv now or hereafter located in the said allev abandoned or
vacated by this Resolution.
Section 3. This Resolution shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of May, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
7
APPROVED:
MAYOR
2
!It . u)-
LU
5011, W
----------------
rr- -
a
J
I
I
r
OAT
I
J!o
S7
G 1 ,� I✓ I I1 J7 4-7
zs I 'm = sJ .i0 °S ) a
V em
i
J
\. I
/I I�
F7 H
CY I
y
1
I
S C Corner
<.ee Td. -c d
NC Corner
raC .Z S'• .{.
1 '
I
I
)UTu AiAMI ow PLANNING 50ARD
r
I
I
:mMFss
• Raphael & Emmanuelle SARDOU
5746 SW 53rd Terrace
SOUTH MIAMI, FLA. 33155
T--: Mavor and City Comissioners
City c-f South Miami
6130 Sunset DR.
South Miami,FL. 33143
The undersigned,Raphael and Emmanuelle SARDOU, owners of
5746 SW 53rd Terrace, since November 9th 1990, want to legalize
the carport o the house, erected in 1986 by previous owners.
That is the reason, we make a petition to close the road,
Riviera Court, following the advices of Mr Juan Artigas
(Code enforcement supervisor), and Mr Daniel Nieda (Building
&Zoning service)
By closing this road, our property lines will be extended to
a distance sufficient to legalize the carport, according to
the Building & Zoning Code.
We hope this petition will be granted.
very truly yours, }
Raphael and Emmanuelle SARDOU.
7,
PB -91 -015
Applicant:
Request:
LEGAL:
Location:
Analysis:
S TAF F REP ORT
Raphael and Emmanuelle Sardou
Petition to Close Road, pursuant to F.S. 336.09
That portion of Riviera Court adjacent to lot 11,13,
and 15 of Riviera Pines subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
Riviera Court south of 53`d Terrace
City of South Miami, Florida
Applicant is requesting to close the South portion
of Riviera Court Cul -de -sac.
PETITION TO CLOSE ROAD
TO: Mayor and City Commissioners
City of South Miami, Florida
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway, or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the City and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses; or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
1. LEGAL DESCRIPTION: The complete and accurate legal description of the
road, right of way or land sought to be closed is as follows:
That portion of Riviera Court adjacent to lot 11,13 ,
and 15 of Riviera Pines Subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
.6
2. PUBLIC INTEREST IN ROAD: The title or interest of the City and the
public in and to the above described road, right of way or land was acquired and is evi-
denced in the following manner (state whether public interest acquired by deed, dedica-
tion or prescription and set forth where deed or plat is recorded in public records):
City interest in road was by plat,
Plat Book 22 at page 20.
3. ATTACH SURVEY SKETCH: .attached hereto is a survey or location sketch
accurately showing and describing the above described road, right of way or land and its
location and relation to surrounding property, and showing all encroachments and utility
easements.
Y. ABUTTING PROPERTY OWNERS- The following constitutes a complete and
accurate schedule of all owners and occupants of property abutting upon or adjacent to
the above described road, right of way or lands and all persons who will be affected by
the closing and abandonment thereof (all interested or affected persons must either sign
this petition or sign a written consent):
Name
Raphael SARnoo R WTFE
Emmanuelle SARDOU
Address
Description of Property
5746 SW 53rd Terrace Residence
SOUTH MIAMI , 33155
Teresa — ASK.ARY 57IR SW 53rd Ttarrane Tot with abandonned
house
Residence addrgss- 9689 FOuTATNRRT.FATT RT, 1'410
MIAMI , FL 33172.
S. ACCESS TO OTHER PROPERTY: The undersigned certify that in the event
this petition is granted no other property owners will be prevented from access to and
from their property and no other property owners in the vicinity will be adversely affected.
5. NO FEDERAL OR STATE HIGHWAY AFFECTED: The undersigned certify
that the above described road, right of way or land is not a part of any state or federal
highway and was not acquired or dedicated for state or federal highway purposes; and
that such road, right of way or land is under the control and jurisdiction of the Mayor and
City Commissioners.
7. GROUNDS FOR GRANTING PETITION: The undersigned submit as grounds
and reasons in support of this petition the following (state in detail why petition should
be granted):
In reference of the Public Hearing of March 14th 1991,
at the City of SOUTH MIAMI - CODE ENFORCEMENT BOARD,
we request the closing of the road (Riviera Court),
to extend our property lines_, for the legalization of '
our carport. (File it 91 -29).
Hereby, signatures of our neighbours agreeing this
request:
Name
Respectfully submitted,
Address
''!�i!�/�!� ✓ /'�
ter, 'L/I��il�
h �y'�
\� ..� • �_f/ '_.1�'
�7 .� A ^' w
.�2 3 ���,�.
(17)
S-7 7 cr ' S L S —Tz—'
i
L �
PETITION TO CLOSE ROAD
TO: %ayor and City Ccaimissioners
;,ity of South Miami, Florida.
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway, or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the ,ity and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses; or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
1. LEGAL DESCRIPTION: The complete and accurate legal description of the
road, right- of way or land sought to be closed is as follows:
5746 Southwest 53rd Terrace, Miami Fl. 33155 :
** Lot 15,Riviera Pines, accordingto the Plat Book 22,
page 20 of the Public Records of DADE COUNTY, Florida.
5738 Southwest 53rd Terrace, Miami, FL. 33155:
** Lots 11 and 13,Riviera Pines, as recorded in Plat Book
22,at page 20of the Public Records of DADE COUNTY,
Florida.
[I
Nome
Address
• •. - r•
US* W-FIES-17116-FINUM MT-M-
Emmanuelle SARDOU SOUTH MIAMI, FL.33155.
(Petition must be signed by all pr)xperty owners abutting
the road, right of wav or lands td'be closed or abandoned)
Address:
(Signature of att6mey not required)
STATE OF FLORIDA )
) ss.:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally appeared Raphael SARDOU
and Emman gene SARDgg • who first by me duly sworn, deposes and
says that he is one of the petitioners named in and who signed the foregoing petition;
that he is duly authorized to make this verification for and on behalf of all petitioners;
that he has read the foregoing petition and that the statements therein contained are true.
lo,, �,�- (Signature of Petition
•
� su tibed to before me this
U N
ax
o f'jr i t 19 2L.
��'''►. #A
WCPPb'Slic State of Florida at Large
Notary Publtc State of Flonda
My Commission ExpfW> Im"In Fr irat Sort 18.1992
Bonded ihru Bankers Ins. Co
Ii
' . LEGAL DESCRIPTION
LOT 1 =•52 ttd 441 �V1 %2 27 t-CIVIEFL CQL�lr1- BLOCK
SUBDIVISION R I V I P 1 NE
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22 ATii'AGE. 20 OF THE
PUBLIC RECORDS OF D,& 'COUNTY. FLCR`DA // .
Ras.-4# Z;4L 5:W. ErB Tarr:— -- - --
1�1 rr=)65 Q 1
P IFr�
wail! � r
GO' G <n '
tA
cu
CZ.0 C=45
Q
C � •C
i.!
Ls - I �T �Uev�?-Y
=i
al
N I -i rJ.E.Cvr. -&.E.YL
�.. r _CS4 _GO
I
LOCATION SKETCH
' G- r-c�cco
6ci;a:l =�
i ha Fla. Flocd Insurance Rate Map, dated h)2y 14' ,13 ' published by the United States of
Housing and Urban Development, delineates the herein described land to be situated within zone X
'NE HEREBY CERTIFY: That the attached SKETCH OF SURVEY of the above described property is correct"lo the best of our
kro- idedge and behel as recert!y surveyed under our drrect;on. also that there are no encroact+ments unless snoovn. and this survey
meets Minimum Technical Stardards set by the FLORIDA SOARO OF LAND SURVEYORS. as set torah in Chapter 472.027 (F S.)
and Chapter 21 HH b of the Flonda Administrative Code. 1 ^ i�-I -.; ,� .4.—j . -LAv _
FOR: Mir. �LfC^ �' _ irr //J�.�.. -. '7
ORDER No. ° tp4 ''� t PROFESSIONAL LAND SURVE'i0R No.
STATE OF FLORIDA
NOT VALID UNLESS EMBOSSED SEAL DATE: X7.
CARIBBEAN LAND SURVEYORS, INC.
7175 S.W. Sth STREET, SUITE 216
MIAMI, FLORIDA 33144
TELEPHONE (306) 264 -9151
l
i
I
i
i
•�L�c i D.'
THE
:I.1 �•oo
25.2 `r 35•c2! t�G;° ,00'Yj
1
I
F
e'
i
yc
X
i•
z
SOP �
'I'"[ a o A
>
tl�`
a
Ito
t
�
R
Salo
a
��� D�s•
•3ZPip�
he
N �• \`T r ar)i� � .. .
M[kO�CD •L .70,x' � �' �N � ' , • �`�� i•r ,
"
m
rn ► .
UA
1414:.
I
5 Ij
L � i,
or
oil' ., l
i
r—_-
�� a
rn
k:t� C�k� �Z'^ n•�rk��
F ty of -South Miami
1::30 Sunset Drive. 5ourn Miami, Fionca 3314:
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING.BOr .
cperty owner: ,`��� =� �`�;:� "�� �� ,� Sianature:
dress: ? �1( _ "' - �••�- n . ?hone Numi7sry •— � -�
presented Bv: Craanization:
_ress: Phone:
=hitect: Phone:
zineer: �) Phone:
ner ;t option to purchase _ Contract to purchase _ Copy attached?
applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
:(s)
r-es and Bounds:
Block Subdivision
PB -
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
_ variance Special Use Rezoning Text Amendment to LDC
„ Home Occupational License PUD Approval PUD Major Change
riefly explain application and cite specific Code sections:
PC rip �V� -• i ti cam: S F� EP�t' �c N p
Letter of intent
Proof of ownership
SUBMITTED MATERIALS
Hardship statement
Power of attorney
Reasons for change
Contract to purchase
Current survev Site plan (7 copies) Required fee(s)
:e undersigned has read this completed application and represents
iformation and all submitted materials furnished are true an cor
the best of the applicant's knowledge *nd belief/ �r
V
u /I/ k`
;te Ap a 'Signature an title
the
ect
on receipt, applications and all submitted materials WIZki be reviewed for
.affiance with City Codes and other applicable regulations. Applications
snd not in compliance will be rejected and returned to the applicant.
'FICE USE ONLY DATE FILED ACCEPTED REJECTED
RING COMMISSION PETITION REQUIREDII
LINE OTHER INFO PETITION ACCEPTED
�i
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ABANDONING AND VACATING A
PORTION OF RIVIERA COURT, SOUTH OF S.W. 53RD TERRACE
AND LEGALLY DESCRIBED HEREINBELOW; RETAINING CERTAIN
UTILITY RIGHTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Raphael and Emmanuelle Sardou have filed a petition
to close a portion of Riviera Court, South of S.W. 53rd Terrace
and legally described as follows:
That portion of Riviera Court adjacent to Lots 11. 13,
and 15 of Riviera Pines, according to the Plat thereof,
recorded in Plat Book 22 at Page 20 of Public Records
of Dade County, Florida, bounded to the East by the
West line of Lot 11; by the West, by the East line of
Lot 15; by the South, by the North line of Lot 13;
bounded by the North, by the projection of the North
line of said Lot 15
a survey of which is attached hereto as Exhibit "A"; and
WHEREAS, thereafter, the matter was considered by the
Planning Board at its meeting of May 14, 1991 and approved by
vote of 6 -1; and
WHEREAS, the matter has now become before the City
Commission upon public hearing; and
WHEREAS, the City has determined it is in the best interests
of the Citv that the aforesaid road be abandoned and vacated as
the Citv has no use for said road and that it would be to the
general welfare of the citizens of South Miami to abandon and
vacate the said road,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the portion of Riviera Court adjacent to
Lots 11, 13, and 15 of Riviera Pines, according to the Plat
thereof, recorded in Plat Book 22 at Page 20 of Public Records of
Dade County, Florida, bounded to the East by the West line of Lot
11; by the West, by the East line of Lot 15; by the South, by the
North line of Lot 13; bounded by the North, by the projection of
the North line of said Lot 15, a survey of which is attached
hereto as Exhibit "A", be, and the same herebv is, abandoned and
vacated.
Section 2. The Citv of South Miami retains the right to
maintain, install, operate, repair and replace by itself at by
anv licensee or holder of a franchise from the City any poles,
wires, pipes, conduits, sewer mains, water mains, or any other
facility or equipment for the maintenance or operation of any
utility now or hereafter located in the said alley abandoned or
vacated by this Resolution.
Section 3. This Resolution shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of May, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
6
APPROVED:
MAYOR
2
Ll
LLL
7�
- - - - - - - - - - - - --
5011, L4
--------------- --
RZ 7
-;,24�-z
Mrs.
wen%
Ri em
a clabr-
AIAMI PLANNING
C :.MMF s s
• Raphael & Emmanuelle SARDOU
5746 SW 53rd Terrace
SOUTH MIAMI, FLA. 33155
To: Mavor and City Comissioners
City cf South Miami
6130 Sunset DR.
South Miami,FL. 33143
The undersigned,Raphael and Emmanuelle SARDOU, owners of
5746 SW 53rd Terrace, since November 9th 1990, want to legalize
the carport of the house, erected in 1986 by previous owners.
That is the reason, we make a petition to close the road,
Riviera Court, following the advices of Mr Juan Artigas
(Code enforcement supervisor) , and Mr Daniel Nieda (Building
&Zoning service) -
By closing this road, our property lines will be extended to
a distance sufficient to legalize the carport, according to
the Building & Zoning Code.
We hope this petition will be granted.
Very truly yours,
,
Raphael and Emmanuelle SARDOU.
7�
PB -91 -015
Applicant:
Request:
LEGAL:
Location:
Analysis:
S TAF F REPORT
Raphael and Emmanuelle Sardou
Petition to Close Road, pursuant to F.S. 336.09
That portion of Riviera Court adjacent to lot 11,13,
and 15 of Riviera Pines Subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
Riviera Court south of 53`d Terrace
City of South Miami, Florida
Applicant is requesting to close the South portion
of Riviera Court Cul -de -sac.
PETITION TO CLOSE ROAD
TO: Mayor and City Ccmmissioners
City of South :Miami, Florida
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway,. or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the :ity and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses; or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
1. LEGAL DESCRIPTION: The complete and accurate legal description of the
road, right of way or land sought to be closed is as follows:
That portion of Riviera Court adjacent to lot 11,13 ,
and 15 of Riviera Pines Subdivision thereof as
recorded in Plat Book 22 at Page 20 of the Public
Records of Dade County, Florida, bounded to the East
by the West line of Lot 11, by the West, by the East
line of Lot 15, by the South, by the North line of
Lot 13, bounded by the North, by the projection of
the North line of said Lot 15.
2. PUBLIC INTEREST IN ROAD: The title or interest of the City and the
public in and to the above described road, right of way or land was acquired and is evi-
denced in the following manner (state whether public interest acquired by deed, dedica-
tion or prescription and set forth where deed or plat is recorded in public records):
Citv interest in road was by plat,
Plat Book 22 at page 20.
3. ATTACH SURVEY SKETCH: .attached hereto is a survey or location sketch
accurately showing and describing the above described road, right of way or land and its
location and relation to surrounding property, and showing all encroachments and utility
easements.
Y. ABUTTING PROPERTY OWNERS: The following constitutes a complete and
accurate schedule of all owners and occupants of property abutting upon or adjacent to
the above described road, right of way or lands and all persons who will be affected by
the closing and abandonment thereof (all interested or affected persons must either sign
this petition or sign a written consent):
Name Address Description of Property
Raphael gARnQn & WTFF 5746 SW 53rd Terrace Residence
Emmanuelle SARDOU SOUTH MIAMI , 33155
Teresa - -A5K11Rv 5 718 gw 53rd T rrace Lot with abandonned
house
Residence adds.Qcs - 9982 FONTAINEBLEAU BT. k110
MIAMI , FL 33172.
S. ACCESS TO OTHER PROPERTY: The undersigned certify that in the event
this petition is granted no other property owners will be prevented from access to and
from their property and no other property owners in the vicinity will be adversely affected.
5. NO FEDERAL OR STATE HIGHWAY AFFECTED: The undersigned certify
that the above described road, right of way or land is not a part of any state or federal
highway and was not acquired or dedicated for state or federal highway purposes; and
that such road, right of way or land is under the control and jurisdiction of the Mayor and
City Commissioners.
7. GROUNDS FOR GRANTING PETITION: The undersigned submit as grounds
and reasons in support of this petition the following (state in detail why petition should
be granted):
In reference c-4 the Public Hearing of March 14th 1991,
at the City of SOUTH MIAMI - CODE ENFORCEMENT BOARD,
we reauest the closing of the road (Riviera Court),
to extend our Property lines-, for the legalization of
our carport. (File # 91-29).
Hereby, signatures of our neighbours agreeing this
request:
Name
Respectfully submitted,
Address
.17
7
5 40 1
J
PETITION TO CLOSE ROAD
TO: :�_-yor and City Commissioners
City of South Miami, Florida
The undersigned, pursuant to Sections 336.09 — 336.12, Florida Statutes, hereby
petition the Mayor and City Commissioners to vacate, abandon, discontinue and close
an existing public or private street, alleyway, road, highway, or other place used for
travel, or a portion thereof, and to renounce and disclaim any right of the City and the
public in and to any land in connection therewith; or to renounce and disclaim any right
of the "ity and the public in and to certain land, or interest therein, acquired by pur-
chase, gift, devise, dedication or prescription for street, alleyway, road or highway pur-
poses, or to renounce and disclaim any right of the City and the public in and to
certain land delineated on a recorded map or plat as a street, alleyway, road or highway.
The undersigned hereby certify:
1. LEGAL DESCRIPTION: The complete and accurate legal description of the
road, right of way or land sought to be closed is as follows:
5746 Southwest 53rd Terrace, Miami Fl. 33155 :
** Lot 15,Riviera Pines, accordingto the Plat Book 22,
page 20 of the Public Records of DADE COUNTY, Florida.
5738 Southwest 53rd Terrace, Miami, FL. 33155:
** Lots 11 and 13,Riviera Pines, as recorded in Plat Book
22,at page 20of the Public Records of DADE COUNTY,
Florida.
1
Name
•D•
Address
Emmanuelle SARDOU SOUTH MIAMI, FL.33155.
(Petition must be signed by all praperty owners abutting
the road, right of way or lands td,be closed or abandoned)
Attorney for Petition'
Address:
.(Signature of aMmey not required)
STATE OF FLORIDA )
) ss.:
COUNTY OF DADE )
BEFORE ME. the undersigned authority, personally appeared Raphael SARDOU
- and — zmmanuelle SARD01-1 , who first by me duly sworn, deposes and
says that he is one of the petitioners named in and who signed the foregoing petition;
that he is duly authorized to make this verification for and on behalf of all petitioners;
that he has read the foregoing petition and that the statements therein contained are true.
`, ����•�•„ rrr �. -�- (Signature of Petiki!�n
��• •:fib ��
suOPI�iibed to before me this
/�► t1 U1 U �i of: Psnr i 1 19 -9-L-.
rr'''r• ry+�L'blic State of Florida at Large
Notary Public State of Florida
My Commission Exp&,ra"Mm Etptros Sant 18. 1992
Boncea Thru Bankers Ins. Co
77
LEGAL DESCRIPTION
LOT 1;5 • r \� lr2 °T rC t V I E P L Cow r-i- BLOCK —
SUBDIVISION R IU ► ��^- PINE=
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PUT BOOK 22 A Tf AGE . 2� OF THE
PUBLIC RECORDS OF DO�� 'COUNTY, FLCR'J.4. •
Ras. t 3:44 5:W. Ga Tarr.' —_ ---
M
_�- SW ms
rte. E_
I 20� Tt'
t r
' CG Gam' 16 10J' �y ll�
� _
i s1.J
�1 L
C �
U a
j >,L i
7 L L_
y 8
Nr.
GG' 1G.' C+ toOr
YY %
r •� 1J.E.Cor. S.i =.YG,
N BE� �S.c.'Ir1 S:C.84 -
--' -CS4 -40
GL. ClcaLr=nr- .............__. _
LOCATION SKETCH
scula:l =<Z-=
i ha Fla. Flocd Insurance Rate Map, dated �,I=py 14. ,19 t!!ZI- published by the United States of
Housing and Urban Development, delineates the herein described land to be situated within zone X
WE HEREBY CERTIFY: That the attached SKETCH OF SURVEY of the above described property is correct"lo the best of our
knowledge and be!ief as recent :y surveyed under our duect:on. a153 It'-at there are no encroachments unless snonn. and this survey
meets Minimum Technical Standards set by the FLORIDA BOARD OF LANG SURVEYORS. as set forth in Chapter 472.027 IF S.)
and Chapter 21 HH 6 of the Florida /Administrative Code. 71:7 _4,,; 1 U., 1:.' -- - -
FOR f-
ORDER No. I d - -- , PROFESSIONAL LAND SURVE'i'OR No. zf��
STATE OF FLORIDA
NOT VALID UNLESS EMBOSSED SEAL DATE:
CARIBBEAN LAND SURVEYORS, INC.
7175 S.W. 81h STREET, SUITE 216
MIAMI, FLORIDA 33144
TELEPHONE (305) 264 -9151
!
�
�
/ |
:lid
.
lu
ai
0..
to
41WEr,7 THE
IOU
Fa
L;OT-15 '
yj
./ t•�r•I ts.,
e
yt
fi
C
x
V
i
S
D
s
�pel
r a
aaa � � 0A
u� z rl
. if�R
• :; � r
i = is
- - -- M o_oo�o w - -- —. _
p
ry I• �'\T
WdtoM L -
r•
m
c•�
n
r
0
m
W
0
M
O
Z
fflb
Z4
n �
i_Oi II
L
ro'ay�'
3g
r`� 3
1
os
�5
8,
d�
o:
D
r
rn
'r:J. gyp' it i
fit
' z •�� � � I rte_ `I
v I 3
' P I
j
mix
i'
nTn'' ►.e '... 1� 1 ri',r'1.. ...
m dl I
of South Miami
�i30 Sunset Drive. 5outn Miami. Fonca 3314:5
:APPLICATION FOR PUBLIC HEARING BEFORE PLANNING. BO
operty Owner: '�� �- T j` 1 �:� " L< <� Signature:
dress: �( - _ _ ?hone NumbEr
cresented Bv: J Craanization:
-4ress: Phone:
=hitect: ii Phone:
zineer: �I Phone:
ner V Option to purchase _ Contract to purchase _ Copy attached?
applicant is not owner, is letter of authority from owner attached? j
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
i
�(s1 Block Subdivision PB -
r-es and Bounds:
.....� ,_%- It "vc-�. -, -� ..,:�i..,C•7rt,4.•G (cam
i
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
_ Variance Special Use Rezoning Text Amendment to LDC
— Home Occupational License PUD Approval PUD Major Change
riefly explain application and cite specific Code sections:
SUBMITTED MATERIALS
/ Letter of intent Hardship statement Reasons for change i
_ Proof of
ownership
Power of
attorney
Contract
to purchase
X Current
survey
Site plan
(7 copies)
Required
fee(s)
:e undersigned has
iformation and all
the best of the
:te
read this completed application and represents the
submitted materials furnished are true an correct
applicant's knowledge nd belief/. �(
ApPo,L,1,a ''Signature and' titl
on receipt, applications and all submitted materials w' be reviewed for
taiiance with City Codes and other applicable regulations. Applications
snd not in compliance will be rejected and returned to the applicant.
'FICE USE ONLY DATE FILED ACCEPTED REJECTED
RING COMMISSION PETITION REQUIRED —Z
LINE OTHER INFO PETITION ACCEPTED
Ij
r r
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING AN APPEAL FROM
THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY
VICTORIA ALONSO WITH REGARD TO A PORCH ADDITION FOR THE
PROPERTY COMMONLY KNOWN AS 4224 S.W. 60TH PLACE, SOUTH
MIAMI, FLORIDA 33143
WHEREAS, on April 2, 1991, the Environmental Review and
Preservation Board of the City of South Miami voted (5- 0) to
deny approval of a proposed porch addition to a single family
residence by Victoria Alonso for the property commonly known as
4224 S.W. 60th Place, South Miami, Florida 33143; and
WHEREAS, upon resubmission on May 21, 1991, the
Environmental Review and Preservation Board of the City of South
Miami again voted (7- 0) to deny approval; and
WHEREAS, Victoria Alonso appealed that decision to the South
Miami City Commission, which Appeal has now been heard;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Appeal by Victoria Alonso from a
decision by the Environmental Review and Preservation Board of
the City of South Miami on May 21, 1991 to deny approval of a
proposed porch addition for the property commonly known as 4224
S.W. 60th Place, South Miami, Florida 33143 be, and the same is,
hereby denied..
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
.9
May 22,1991
Applicant.--Victoria Alonso
Address: 4224 sw 60 place
Mayor Cathy Mc Cann and Commission Board:
I wish to appeal the decision of the ERPB
with regard to a porch addition for my property at
4224 sw 60 place.
-Victoria Alonso '
4 - 9 V5 F
E�]
C. EB -91 -039
Applicant:
Address:
Represented By:
SECURITY BAR
HELEN STEPHEN
8401 SW 62 AVENUE
WILLIAM R. SANTIANA JR.
Mr. Santiana signed in. Ms. Rubin - Wright made a motion to deny
with a second by Mr. Hochstim. Applicant is asked to return with
revised plans without bars enclosing the front porch and including
bars on the individual front windows. Plans are to show complete
front elevations as proposed.
Vote: Denial approved: 5 Opposed: 0
D. EB -91 -040 OPEN TERRACE
Applicant:
Address:
Represented By:
VICTORIA ALONSO
4224 SW 60 PLACE
SELF
There is no representative present. Ms. Rubin - Wright moved to
deny. Seconded by Mr. Hochstim stating that this addition totally
destroys the character of the building by eliminating the good
features of the structure which already exist. The entrance is now
incompatible with the nature of the building.
Vote: Denial approved: 5 Opposed: 0
Mr. Saez adds that the proposal to place a flat roof over the entry
area.has no relation to the Mission style of the structure itself,
therefore, he is voting against the application.
Vote: Denial approved: 5 Opposed: 0
E. EB -91 -041 PAINTING (VIOLATION)
Applicant:
Address:
Represented By:
BERNARD JANIS JR
6701 SUNSET DRIVE
D & T PAINTING
Mr. Larry Diddy signed in representing Mr. Janis. and displayed a
rendering of the building showing the proposed color change (which
is more yellow than the light beige that ii is presently painted
and the mansard roof will change from bronze to green). Mr. Diddy
state that his development company had hired a painting contractor,
expecting him to be responsible for the permits. That problem has
now been rectified with the City. Motion to approve made by Mr.
Hochstim. Seconded by Ms. Rubin - Wright. As to the landscaping,
ERPB Minutes 2 04 -02 -91
r
M X N U T E S
E_ R_ P_ B_
Environmental Review & Preservation Board
Commission Chambers
Hay 21, 1991
9:00 AM
1. Call to order
2. Roll Call
Joe Shaw
Philip Jesmer
Suzanne Wolfsohn
Stanley Greene
Susan Wilson
Diane Rubin- Wright
Jan Hochstim
Also present were William Mackey, Planner and Pat DeLisa, Board
Secretary.
3. Requests for approval
A. EB -91 -051
Applicant:
Address:
Represented By:
ENCLOSE GARAGE: RESUBMISSION
George Clarke
6400 SW 63 Ave
Self
This item was withdrawn from the agenda.
B. EB -91 -040
Applicant:
Address:
Represented by:
SINGLE FAMILY ADDITION: RESUBMISSION
Victoria Alonso
4224 SW 60th Place
Self
There was no one present to represent this item. Mr. Hochstim
moved to deny the request based on the poor quality of the design.
Seconded by Ms. Wolfsohn.
Vote: Denial approved: 7 Opposed: 0
Mr. Greene said that in spite of the denial, the design is headed
in the right direction. One problem is that the plans and the
elevations do not match one another and the treatment of the new
ERPB Minutes
1 05-21 -91
1
porch is erratic and needs to be unified. Mr. Hochstim suggests
to remove the gable and make a straight line and simplify the
arcade. The one pitched gable on the top is sufficient, it is not
necessary to repeat it at the bottom. If it is repeated, then it
should be done over the main entrance, the most important arch.
In addition, Mr. Hochstim said that details on the arches are
lacking. (At this time, Mrs. Alonso and her daughter, Sally,
arrived). Mr. Hochstim informed the ladies that he believes that
the Board feels that the move from the last design to the new
design is an improvement but it is still not there yet. It is
still lacking the quality of the old building which is desirable
to retain. Mr. Hochstim stated that the option is to eliminate the
gables and dips in the parapet and keep the parapet straight across
and keep the three small arches with the full radius (semicircle),
and one arch on the front and the one on the side be flat arches
with rounded ends and be consistent with each other. The option
is to come up with another solution with a gable over the large
arch rather than a gable in the middle. The structure has to be
shown for the construction of the arches. Mr. Jesmer said that he
would like to see a detail of the connection of the column to the
stud, etc. to offer protection should the house be pressure treated
in the future.
C. EB -91 -031 CANVAS AWNING: RESUBMISSION
Applicant: Katrin Sander
Address: 6450 S Dixie Hwy
Represented by: Luis Gonzalez
There was no one present to represent this item. Ms. Rubin- Wright
made a motion to deny, seconded by Mr. Hochstim due to the fact
that this building requires no awnings . since it has a covered walk-
way, and the windows are fairly well protected from the sun since
this one is facing northwest and very little sun gets in there and
that the inclusion of the photograph of the Sound Warehouse as a
model is inappropriate since the Sound Warehouse awnings are an
integral part of the design and this is an addition to the
building.
Vote: Approved: 6 Opposed: 1
( Jesmer)
Mr. Luis Gonzalez arrived at approximately 10:20 and Mr.Mackey
asked the Board's indulgence, asking that they explain their
decision to Mr. Gonzalez. Mr. Hochstim did so. Mr. Gonzalez
stated that Waterbed City feels it is being discriminated against
because the Sound Warehouse protrudes and the Waterbed City portion
recedes; the furniture must be protected from the glare and that
the glare disturbs the customers. Mr. Hochstim disagreed, saying
that there is not sun coming from that side as the building
ERPB Minutes 2 05 -21 -91
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A CONTRACT FOR ARCHITECTURAL
SERVICES WITH HATCHER, ZEIGLER, GUNN & ASSOCIATES FOR
IMPROVEMENTS TO THE CITY'S PUBLIC WORKS YARD AND POLICE
DEPARTMENT
WHEREAS, on November 2, 1989, by Resolution number 136-
809 -9013, the City Commission ranked the firms which responded
to the City's request for proposals for improvements to the
City's Public Works yard and Police Department; and
WHEREAS, thereafter the first - ranked firm withdrew from
further consideration by the City; and
WHEREAS, Hatcher, Zeigler, Gunn and Associates, Inc. was
the second - ranked firm; and
WHEREAS, the City now wishes to proceed with the
improvements to the City's Public Works yard and Police
Department;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to negotiate a contract with Hatcher, Zeigler, Gunn & Associates
for architectural services for improvements to the City's Public
Works yard and Police Department.
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO. —136-89-9013
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RANKING THE FIRMS RESPONDING TO THE
REQUEST FOR PROPOSALS FOR THE CITY OF SOUTH MIAMI GOVERNMENT
FACILITIES IMPROVEMENTS.
WHEREAS, the City Administration and Consultant Selection
Committee of South Miami, Florida, heard presentations by firms
which responded to a request for proposals for improvements to the
City's Police and Public Works Department; and
WHEREAS, the Mayor and City Commission must now rank the
firms for negotiations to commence by the City Manager and Staff
for the provision of such services, as required by State Law.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the three firms whose proposals were
selected are hereby ranked in order of preference as follows:
1. Wright, Rodriquez Schlinder, Inc.
2. Hatcher, Zeigler, Gunn & Associates
3. Frasuer_, Knight Associates
Section 2. That competitive negotiations commence between
the City through its designated officials and the firms as provided
by Section 287.055, Florida Statutes, and as provided by City
Ordinances.
PASSED AND ADOPTED this 21st day of - ynvpmhpr , 1989.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Resolut \Consultant.Selection
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 S
REPRESENTING THE BALANCE OF AN AGREED ADJUSTMENT TO
FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY
BORGOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH
LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN
WHEREAS, by Resolution number 75 -90 -9102 the City Commission
authorized the employment of Gregory Borgognoni of Ruden, Barnett
et al in conjunction with litigation regarding the City's
Comprehensive Plan; and
WHEREAS, the Citv received invoices for legal services
rendered pursuant to the aforesaid Resolution for the period
ending October 1, 1990 for a total of $35,661.53, but the
Commission noted apparent discrepancies in the calculation of the
total; and
WHEREAS, on May 21, 1991, by Resolution number 69 -91 -9133
the City Commission authorized the disbursal of $ 33,011.53 to
Mr. Borgognoni pending mutual review and revision of the
invoices presented; and
WHEREAS, the City Administration has now conferred with Mr.
Borgognoni and determined the correct total to be $ ;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $.. to Gregory Borgognoni of Ruden,
Barnett et al representing the balance of legal services rendered
in conjunction with litigation regarding the City's Comprehensive
Plan.
Section 2. The disbursement be charged to account number
2100 -5570: "Reserve for Prior Years Encumbrances ".
Lo
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
BID PROCEDURES FOR THE PURCHASE OF ONE CUSHMAN MODEL
454 POLICE VEHICLE FOR THE CITY'S POLICE DEPARTMENT;
AUTHORIZING AN EXPENDITURE NOT TO EXCEED 0 31168.00 TO
CUSHMAN OF FT. LAUDERDALE, INC.; CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 1110 -4820: "POLICE -
OPERATING EQUIPMENT ".
WHEREAS, the City of South Miami Police Department presently
requires an additional (third) Cushman Model 454 police vehicle
to replace the older of the two such vehicles presently being
used by the Department; and
WHEREAS, the Police Department has inquired with various
suppliers to determine the availability of a Cushman Model 454
Police Vehicle required; and
WHEREAS, the results of that inquiry have been that only
Cushman of Ft. Lauderdale Inc., has this particular one Cushman
Model 454 Police Vehicle; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
of supply, if available, such determination to be made by the
City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of
South Miami, Florida do hereby authorize the City Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for the purchase of one Cushman Model 454
Police Vehicle, upon the basis that this equipment is only
available from a single source of supply.
section 2_ That the City Administration be, and hereby is,
authorized to expend a sum not to exceed $ 3,168.00 to Cushman of
Ft. Lauderdale Inc., for the purchase of one Cushman Model 454
Police Vehicle.
Section 3. That the disbursement be charged to account no.
01 --1910 -6930 "Police - Operating Equipment ".
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
i�
th day of June, 1991.
APPROVED:
MAYOR
2
RESOLUTION N0,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF 8 14,856.00 TO BARTON-
ASCHMAN ASSOCIATES, INC., REPRESENTING FEES INCURRED
FOR EXPERT WITNESS PREPARATION AND TESTIMONY IN
CONJUNCTION WITH LITIGATION REGARDING THE CITY'S
COMPREHENSIVE PLAN
WHEREAS, by Resolution number 75 -90 -9102 the City Commission
authorized the employment of Gregory Borgognoni of Ruden, Barnett
L, al in conjunction with litigation regarding the City's
Comprehensive Plan; and
WHEREAS, thereafter Gregory Borgognoni employed Barton-
Aschman Associates, Inc., as expert witnesses in conjunction with
the said litigation; and
WHEREAS, the City has now received invoices for services
rendered pursuant to the aforesaid employment from Barton - Aschman
Associates Inc., for a total of $ 14,856.00;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of $ 14,856.00 to Barton- Aschman Associates,
Inc., for services rendered in conjunction with litigation
regarding the City's Comprehensive Plan.
Section 2. The disbursement be Charged to account number
2100 -5510: "General Fund Contingency ".
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Barton- Aschman Associates, Inc.
5310 W.W. 33rd Avenue, Suite 206
Fort Lauderdale, Florida 33309
USA
April 2, 1991
Mr. Martin Berg, Esq.
19 West Flagler Street
Suite 802
Miami, Florida 33130
Dear Mr. Berg:
Phone: (305) 733.4220
Fax: (305) 733 -4665
Dade: (305) 681 -0552
In regards to the Expert Witness testimony which we provided to the
City of South Miami in 1990, this letter is in response to your
request for an explanation of our work. We.were involved in
assisting in the preparation for trial of three cases: Meenan,
Elias, and Steinbauer.
Our charges were billed in October, November, and December, 1990,
to Mr. Gregory Borgognoni, who represented the City of South Miami
in these cases.. The unpaid balance is contained in a series of
four invoices:
Invoice 60515 - $4,112.00
Invoice 60717 - $11888.001-1,
Invoice 61455 - $6,805.94
Invoice 61911 - $1,450.96
The amount which is due -and payable at this time is $141256.90.
The explanation provided below summarizes the types of activities
which we conducted for each of these three cases.
Meenan Case
In September, 1990, we conducted a field reconnaissance of the
subject property and the surrounding roadway network. This
included an identification of residential and non - residential land -
uses along Manor Lane, and a PM peak hour turning movement count at
the Manor Lane /78th Terrace /65th Place intersection. In addition,
we prepared a table identifying alternative development scenarios
which would generate additional traffic on Manor Lane to determine
the maximum level of traffic volume growth which could be
anticipated. These alternative development scenarios were provided
to us by the City's Land Planner, Robert Swarthout. In addition,
we documented the roadway design elements which were relevant to
1791
Barton- Aschman Associates, Inc.
Mr. Martin Berg, Esq.
April 21 1991
Pago Z
Manor Lane and which confirmed its function as a local street based
on nationally recognized standards. We also reviewed previous
traffic documents provided to us by the City which related to
traffic circulation in the area. We discussed the findings of our
analysis with Mr. Borgognoni and with Robert Swarthout to assist
them in preparation for trial testimony.
Elias Case
We met with the attorneys representing the City of South Miami to
strategize on various development and roadway concurrency issues.
We assisted the City in preparing to take depositions of other
experts. We conducted a field reconnaissance of the subject
property and the surrounding roadway network. We reviewed the
current and previous ordinances and discussed them with the City
Land Planner to determine the maximum development potential which
could occur on the subject property. We conducted a traffic impact
assessment, consistent with Dade County standards to determine the
potential amount of additional traffic which could be generated by
the site. We were deposed by attorneys for Mr. Elias regarding our
involvement in traffic access and circulation. We prepared a
technical memorandum which reviewed the analysis of traffic impact
characteristics conducted by Miles Moss. We provided expert
witness testimony at trial related to our evaluation of Mr. Moss'
technical analysis.
Steinbauer Case
We conducted a field reconnaissance of the area in the vicinity of
the Steinbauer property and noted roadway and intersection
configurations. In addition, we conducted peak period turning
movement counts at nearby parcels to identify existing trip
generating characteristics. We also conducted PM peak hour turning
movement counts midblock on Manor Lane and at four other
intersections in the vicinity of the property. We also conducted
24 -hour machine counts on three roadway sections (Manor Lane, US1,
and Davis Road). We reviewed traffic impact studies conducted for
other developments in the area to quantify additional amounts of
future traffic growth. We discussed potential redevelopment
.. ..���... ..: LL 1t- r * L.. • -3 T1 -3 .. L. J. ....w'..... i-- ^-1-4--
^
14Z
Barton- Aschman Associates, Inc.
Mr. Martin Berg, Esq.
April 2, 1991
Page 3
development or redevelopment of the subject parcel. We conducted
intersection capacity analysis at both signalized and unsignalized
intersections in the area using both existing traffic volume and
projected future volume conditions. We performed a traffic impact
analysis, consistent with Dade County guidelines, which identified
the roadway impacts associated with potential development of the
Steinbauer parcel. We prepared a technical memorandum which
summarized the results of our analysis. We attended a deposition
to report on the results of our traffic impact study.
We hope that this information provides adequate explanation of our
activities in support of the City of South Miami on these court
cases. If I can be of additional help, please do not hesitate to
call.
Sincerely,
BARTON- ASCHMAN ASSOCIATES, INC.
nD. e
incipa s ciate
JDZ:rr
cc: Gregory Borgognoni
Please remit with one copy of this invoice to:
BAFMN-ASCHIMAN ASSOCIATt S , INC.
.
PO Box 88527
CHICAGO, ILLINOIS 60680 -1527
PFWECT : SOUTH MIAtIt EXPERT WI=S
CITY OF S NIA C/O RUDEN BARNETT .1CCLOSKY
701 BRICKELL AVENUE STE 1900
MIAMI, FL 33131
ATTN TO: Gregory Borgognoni
Invoice No. 60515
October 5, 1990
Page ntm ber 1
Professional services rendered from Project Initiation through Sept.21, 1990
Task: 3685 -01 -01 SOUTH 1,1= EXPERT WI<I S
Staff Time:
Hours Rate Amount
PRINCIPAL ASSOCIATE
ZEGEER, JOHN D. 36.50 110.00 4,015.00
SUPPORT STAFF
KING, BEVERLEY A. 2.00 45.00 90.00
Total Staff Time: 38.50 4,105.00 4,105.00
Exp Amount
COMPUTER 7.00
Total, Expenses: 7.00 7.00
Total Costs This Task: 41112.00
TOTAL DUE THIS INVOICE: 4,112.00
If you have any gaestions regarding this invoice, please call our Accounts
Receivable Department at (708) 491-1000.
Project Manager Copy BILLED - 10/05/90
`i i
October 25, 1990
City of South Miami
c/o Ruden Barnett McClosky
701 Bricell Avenue, Suite 1900
Miami, FL 33131
Invoice Number 60717
BA Proj. No. 3685.01.01
Attn: Gregory Borgognoni
Billing for professional services rendered from September 22, 1990 through
October 5, 1990 in connection with expert witness work for the Elias Case.
AMOUNT DUE $ 11888.00
PLEASE R= PASS AND ONE OOPX TO:
Barton- Aschn3n Associates, Inc.
P.O. Box 88527
Chicago, IL 60680 -1527
(708) 491 -1000 ex. 224
TJB 60717 3685.01.01 1888.00
Project Manager Cc
I N V O I C E
Please remit with one copy of this invoice to:
BRTOK-'ASC[MN ASSOCIATES, INC.
PO Box 88527
CHICAGO, ILLINOIS 60680-1527
PRO=: SOUTH MIAMI EXPERT WITNESS Invoice No. 61455
November 30, 1990
Page number
CITY OF S MIA C/O RTJDEN RARNETT MCCLOSKY
701 BRICKELL AVENUE SrE 1900
MIATU, FL 33131
ATIN: Gregory Borgognoni
Professional services rendered from October 20, 1990 through Nov. 16, 1990
Task: 3685-01-01 SOUTH, MIAMI EXPERT WITNESS
Staff Time:
PRINCIPAL ASSOCIATE
ZBSEER, JOHN D.
ASSOCIATE
C1W.G, CATHERINE A.
Hours Rate Amount
31.00 110.00 3,410-00
51.50 55.00 2,832.50
11.00 45.00 495.00
Total Staff Time: 93.50 6,737.50 6,737.50
. Amount
TELEPHONE & FAX 55.44
POSTAGE & FREIG9 13.00
Total Expenses: 68.44 68.44
Total Costs This Task: 6,805.94
TOTAL CUE THIS INVOICE: 6,805.94
If you have any questions regarding this invoice, please call our Accounts
Receivable Department at (708) 491-1000.
Project Manager Copy
BILLED -12/03/90
I N V 0 1 U
please remit with one copy of this invoice to:
BARMN ASCHW ASSOCIATES, I11C.
pa Box 88527
CHICAGO? ILIM,10IS 60680 -1527
CI'T'Y OF S MIA C/O RUDEN BARNETr MCCIOSKY
701 BRICKELL AVENUE STE 1900
MIAMI, FL 33131
ATIN: Gregory Borgognoni
•j i I ;I
jug L
Invoice p1o. 61911
December 26, 1990
gage n=m V 1
Professional services rendered from November 17, 1990 through Dec. 14, 1990
Task: 3685 -01 -01 SOUTH MIA11 EX'EiC 1UM'ESS
Staff Time:
- ul• ut 9111-2
Total Staff Time:
••. v a r.
Hours Rate
.50 100.00
.50
Amount
50.00
50.00 50.00
Amount
1,100.00
83.13
174.09
20.74
23.00
Total Dgoenses: 1,400.96 1,400.96
Total Costs This Task: 1,450.96
TrdrAL DUE THIS INVOICE: * *1,450.96*
If you have any questions reganding this invoice, please call our Acc0Ltrlts
Receivable DepartMnt at (708) 491 -1000.
Project Manager Copy
a
BILLED - 12/26/90
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ADVERTISE FOR A REQUEST FOR PROPOSALS TO
PROVIDE AUDITING SERVICES AS REQUIRED PURSUANT TO
ARTICLE IV, SECTION 9 E OF THE CHARTER OF THE CITY OF
SOUTH MIAMI
WHEREAS, Article IV of Section 4 E requires the Commission
to "designate a qualified Certified Public Accountant (to]
make an independent examination and review of accounts and other
evidences of financial transactions by the City government, and
shall submit such report, together with his or her
recommendations for improving fiscal control, to the Commission
and to the City Manager. . . ."; and
WHEREAS, the existing contract with the firm of Rachlin and
Cohen expires with the audit of the present fiscal year; and
WHEREAS, the Mayor and the City Commission wish to provide
for an unbroken continuation of auditing services;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission of the City of
South Miami, Florida do hereby authorize the City Manager to
commence advertising a request for proposals to provide auditing
services as required pursuant to Article IV, Section 4 E of the
Charter of the City of South Miami.
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -5.17 (D)(3) OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO WITHDRAW
THE AUTOMATIC BAR TO DESIGNATION AS AN HISTORIC SITE IF
AN OBJECTION IS FILED BY THE PROPERTY OWNER; PROVIDING
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
EFFECTIVE DATE.
WHEREAS, on June 1, 1982 by Ordinance No. 21 -82 -1144, the
City of South Miami amended its then existing Ordinance to remove
the automatic bar to designation as an historic site if an
objection was filed by the property owner; and
WHEREAS, through scrivener's error, the old version, of the
Ordinance was reenacted when the Land Development Code was
enacted in 1989, such that Section 20 -5.17 (D)(3) of the Land
Development Code currently provides that upon the filing of
objections by owners of property proposed for individual
designation as an historic site, "the property shall not be
designated if an objection is filed "; and
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida will wish to amend the Land Development Code to
provide for the standard set forth by the Commission in
Ordinance No. 21 -82 -1144;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sub - Sections (b) through and including (e) of
Section 20 -5.17 (D)(3) "Objections" of the Land development
Code of the City of South Miami be, and hereby are, deleted.
Section 2. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3. All Ordinances or parts of Ordinances in
c n ict herewith be, and the same are, hereby repealed.
Section 9. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of June, 1991.
ATTEST;
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
E
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR CATERING SERVICES;
RESTAURANT; RESTAURANT, ACCESSORY; AND RESTAURANT, FAST
FOOD; DELETING EATING PLACE DEFINITION FROM SECTION 20-
2.3; DELETING EATING PLACE FROM SECTION 20 -3.3 (E);
DELETING EATING PLACE (ACCESSORY) FROM SECTION 20 -3.3
(E); PROVIDING THE AFORESAID RESTAURANT CATEGORIES AS
SPECIAL USES IN SECTION 20 -3.3 (E) ; PROVIDING SPECIAL USE
CONDITIONS FOR RESTAURANT AND RESTAURANT, FAST FOOD IN
SECTION 20 -3.4 (B)(4); PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Eating Place" to better
regulate the distinct types of businesses which,have operated under
this use,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be amended as follows:
CATERING SERVICES. Shall mean the business of providing food for
special events such as wedding receptions, parties or corporate
entertainment. Catering services shall not include any restaurant
use or food and beverage consumption on the premises.
£is'��N�- p�E£--- SdQ�� -�eQn- spy- eattrig- eetsb��shMent- where- feed -and
drsnit -�s- prepared ; - served - gad- eer:en�ned -ems- the- preatsaea-
RESTAURANT. Shall mean an establishment for the sale of food and
beverages, the method of operation being either: sit -down
restaurants where customers are provided with an individual menu
and food and beverages are served by a restaurant employee, or
cafeteria -type restaurants where food and beverages are served and
are consumed on the premises.
RESTAURANT, ACCESSORY. Shall mean an establishment for the sale
of food and beverages which has access to a common circulation area
within an office center. This use may include take -out service and
delivery service. Seating must be provided for all patrons.
RESTAURANT, FAST FOOD. Shall mean an establishment for the sale of
food and beverages where the method of operation is that of a fast -
food or drive -in restaurant, and where food and beverages may be
served directly to the customer in a motor vehicle. This use may
include delivery service with the approval of the City Commission.
/S
1
Section 2. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to delete the following:
See- ------ -- - - - - - -- - -- -- - i -rat -C cJ�.- ?.i. - -- - - -�
---
---- ;---- -6 - -� - -�
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C P
ZONING DISTRICTS O A
N R
RI Ll MI NJ S� Gi II D I K
0 OI O R R R i S G
Restaurant, Fast Food I I I I I I S1 sI 4(b) 17
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. For restaurants located in the SR zoning district,
if the street frontages of restaurants in any block
exceed twenty (20) percent of the total street
frontage for that block, then any new restaurant is
prohibited from locating in that block.
ii. All such establishments shall provide only inside
or patio service on private property.
iii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress or egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
i. The City Commission shall review and approve the
site plan.
2
C I p
TONING
DISTRICTS
O j A
N R
I RI Li MI
NI Si Gi II
D K
01 01 01
RI R) RI
S j G
See- ------ -- - - - - - -- - -- -- - i -rat -C cJ�.- ?.i. - -- - - -�
---
---- ;---- -6 - -� - -�
Section 3. That Section 20 -3.3 (E) of the Permitted Use
Schedule be amended to include the following:
C P
ZONING DISTRICTS O A
N R
RI Ll MI NJ S� Gi II D I K
0 OI O R R R i S G
Restaurant, Fast Food I I I I I I S1 sI 4(b) 17
Section 4. That Section 20 -3.4 (B)(4) of the Special Use
Conditions be amended to contain the following:
(4) RESTAURANTS
(a) RESTAURANT
i. For restaurants located in the SR zoning district,
if the street frontages of restaurants in any block
exceed twenty (20) percent of the total street
frontage for that block, then any new restaurant is
prohibited from locating in that block.
ii. All such establishments shall provide only inside
or patio service on private property.
iii. No services of a walk -up, drive -in or of a fast food
nature shall be permitted. Seating must be provided
for all patrons; delivery service is prohibited.
iv. The City Commission shall review and approve the
site plan.
(b) RESTAURANTS, FAST FOOD
i. No vehicular ingress or egress shall be permitted
along streets & rights -of -way bordering residential
zoning districts in the City of South Miami.
ii. All Fast Food Restaurants shall be spaced a minimum
of three hundred ( 300 ) feet from any other Fast Food
Restaurant.
i. The City Commission shall review and approve the
site plan.
2
Section - . If any section, clause, sentence, or phrase cf this
ordinance is held to be invalid or unconstitutional by any court
of competent jurisdiction, then said holding shall in no wav affect
the validity of the remaining portions of this Ordinance.
Section 6. All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1990.
APPROVED:
MAYOR
3
i .. -V
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE
12 -90 -1451 TO PROVIDE FOR WRITTEN APPROVAL OF PRIVATE
PROPERTY OWNERS FOR NEWSRACKS INSTALLED ON PRIVATE
PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 21, 1990 by Ordinance 12 -90 -1451, the
City of South Miami enacted an Ordinance regulating newsracks, to
deal with, inter alia, questions regarding the design and
installation of certain newsracks; and
WHEREAS, the City Administration has determined that, in
addition to newsracks located on public property, there exist
numerous newsracks on private property which pose the same
questions of public aesthetics and safety as the newsracks
located on public property; and
WHEREAS, the Mayor and City Commission wish to amend
Ordinance 12 -90 -1451 to make provisions for newsracks installed
on private property;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 13 of the Code of Ordinances of the
Citv of South Miami, Florida be, and the same is, hereby amended
to add the words "and private property" following "public rights -
of-wav" in the heading in Section 13 -59.
Section 2. Chapter 13 of the Code of Ordinances of the
Citv of South Miami, Florida be, the same is, hereby amended to
add the following as the last sentence in sub - section 13 -62 (a):
Each newsrack installation on private property shall be
preceded by a written approval from the property owner.
Section 3. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
6 av affect the validity of the remaining portions of this
Ordinance.
Section 4. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
th day of , 1991.
APPROVED:
MAYOR
K