09-03-91OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 p.m.
September 3, 1991
A. Invocation
B. Pledge of Allegiance to the Flag of
C. Items for Commission Consideration:
1. Approval of Minutes:
a. August 6, 1991
b. August 20, 1991
2. City Manager's Report
3. City Attorney's Report
r
Next Resolution:
Next Ordinance:
Next Commission Meeting:
the United States of America
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance authorizing the execution and filing of declarations
of official intent with respect to reimbursements from note and
bond proceeds of temporary advances made for capital expenditures
and related matters; providing for severability; providing for
ordinances in conflict; and providing an effective date.
(Vice -Mayor Carver) 4/5
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with South Miami F.O.P. Lodge 136, Inc., for the operation
of a concession stand at South Miami Field. (Administration) 4/5
6. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the Sum of
$2,437.39 representing fees incurred for legal representation by
Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with
litigation regarding the City's Comnrensive Plan.
(Administration) 4/5
7. A Resolution of the City of South Miami, Florida, appointing
Jane R. Linn as a member of the City of South Miami Recreation Board,
to serve in such capacity until September 1, 1993 or until a
successor is duly qualified and appointed. (Mayor) 3/5
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with Stroyne Bros. South, Inc., for the administration,
collection, and maintenance of the City's parking meters and
decal parking areas. (Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a transfer of the account balance of
Account No. 1100 -4040 "Commissioners Expenses - Launcelott" to
account #1720 -3610 "Refuse Disposal;" authorizing the expenditure
of the account #1100 -4040 balance for emergency repairs, garbage
collection, and /or other emergency health /safety measures for the
Marshall Williamson Apartments; charging the disbursement to
account #1720 -3610 "Refuse Disposal." (Comm. Launcelott) 3/5
10. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a waiver of bid procedures for the
City's Public Works Department purchase retroactively of pre -
demolition asbestos survey as set forth herein below upon an
emergency basis for the premises commonly known as Marshall
Williamson Apartments; authorizing the expenditures of $2,000.00
to Testwell Craig Laboratories of Florida Inc., for the survey;
charging the disbursement to account #2100 -5510 "General
Contingency Fund." (Administration) 4/5
,4
M .1d
OFFICIAL AGENDA
September 3, 1991
page 2 of 2
RESOLUTIONS FOR PUBLIC HEARINGS:
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the expenditure of a sum
not to exceed $30,000.00 from the City's Revolving Trust
Fund for the demolition of the premises commonly known as
Marshall Williamson Apartments; authorizing the expenditure
to Miguel Rodriguez for the demolition; charging the disbursement
to account #05- 1310 -3151 "Professional Services."
(Administration) 4/5
ORDINANCE - FIRST READING AND PUBLIC HEARING:
12. An Ordinance of the Mayor and City Commission of the City
of South Miami, Florida, fixing the millage and levying the
taxes in the City of South Miami, Florida, for the Calendar
year 1992: (Administration) 3/5
13. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, adopting a Budget and pay plan for the
1991/92 Fiscal Year. (Administration) 3/5
ORDINANCES
14. An Ordinance of the City of South Miami, Florida, amending
Section 20 -4.4 of the Land Development Code of the City of
South Miami, Florida and creating a new Section 20 -3.4 (B) (21);
both to provide for temporary off -site parking; providing for
severability; ordinances in conflict; and an effective date.
(Mayor) 4/5
15. An Ordinance of the Mayor and Commission of the City of South
Miami, Florida, amending Section 11 -9 of Chapter Eleven of
the City's Code of Ordinances regarding garbage collection fees
by increasing fees for City Commercial collection services;
providing a severability clause; providing an effective date.
(Administration) 3/5
REMARKS:
None.
Your 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 proceedings is made, which record included the testimony and
evidence upon which the appeal is based.
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
Next
Resolution:
---,2(P—
yi
7:30 p.m.
Next
Ordinance:
September 3, 1991
Next
Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of
the United
States of
America
C. Items for Commission Consideration:
1. Approval of Minutes:
a. August 6, 1991
b. August 20, 1991
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance
of official
bond proceed
/ and related
1, ordinances i
�O
authorizing the execution and filing of declarations
intent with respect to reimbursements from note and
s of temporary advances made for capital expenditures
matters; providing for severability; providing for
n conflict; and providing an effective date.
RESOLUTIONS (Vice -Mayor Carver) 4/5
'Sa
6. �1
f
8.
C/li
9.
10.
/DS -fir -L� �(Q5
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with South Miami F.O.P. Lodge 136, Inc., for the operation
of a concession stand at South Miami Fiel (Administration) 4/5
A Resolution of the Mayor and City Commission opthe City of South
Miami, Florida, authorizing the City Manager to disburse the Sum of
$2,437.39 representing fees incurred for legal representation by
Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with
litigation regarding the Citv's Comnrensive Plan.
/0( —ql -01/6 u (Administration) 4/5
A Resolution of the City of South Miami, Florida, appointing
Jane R. Linn as a member of the City of South Miami Recreation Board,
to serve in such capacity until September 1, 1993 or until a
successor is duly qualified and appointed. (Mayor) 3/5
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with Stroyne Bros. South, Inc., for the administration,
collection, and maintenance of the City's parking meters and
decal parking areas. (Administration) 3/5
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a transfer of the account balance of
Account No. 1100 -4040 "Commissioners Expenses - Launcelott" to
account #1720 -3610 "Refuse Disposal;" authorizing the expenditure
of the account 7#1100 -4040 balance for emergency repairs, garbage
collection, and /or other emergency health /safety measures for the
Marshall Williamson Apartments; charging the disbursement to
account #1720 -3610 "Refuse DispT 1." (Comm. Launcelott) 3/5
A Resolution of the Ma 1��— !�
y n� City Commission of the City of South
Miami, Florida, authorizing a waiver of bid procedures for the
City's Public Works Department purchase retroactively of pre -
demolition asbestos survey as set forth herein below upon an
emergency basis for the premises commonly known as Marshall
Williamson Apartments; authorizing the expenditures of $2,000.00
to Testwell Craig Laboratories of Florida Inc., for the survey;
charging the disbursement to account #2100 -5510 "General
Contingency Fund." (Administration) 4/5
OFFICIAL AGENDA j
September 3, 1991
page 2 of 2
&3jU &IqjS k0AUBL EA I G
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the expenditure of a sum
not to exceed $30,000.00 from the City's Revolving Trust
Fund for the demolition of the premises commonly known as
Marshall Williamson Apartments; authorizing the expenditure
to Miguel Rodriguez for the demolition; charging the disbursement
to account #05- 1310 -3151 "Professional Services."
(Administration) 4/5
ORDINANCE - FIRST READING AND PUBLIC HEARING: 5/r r 1
12. An Ordinance of the Mayor and City Commission of the City
of South Miami, Florida, fixing the millage and levying the
taxes in the City of South Miami, Florida, for the Calendar
year 1992. dministration) 3/5
13. An Ordinance of the Mayor and City Comm ?so of the City of
South Miami, Florida, adopting a Budget and pay plan for the
1991/92 Fiscal Year. (Administration) 3/5
ORDINANCES
14.
An Ordinance of the City of South Miami, Florida, amending
Section 20 -4.4 of the Land Development Code of the City of
South Miami, Florida and creating a new Section 20 -3.4 (B) (21)
both to provide for temporary off -site parking; providing for
severability; ordinances in conflict; and an effective date.
/ (Mayor) 4/5
15. An Ordinance of the Mayo /laid Commission of the City of South
Miami, Florida, amending Section 11 -9 of Chapter Eleven of
the City's Code of Ordinances regarding garbage collection fees
by increasing fees for City Commercial collection services;
providing a severability clause; providing an effective date.
(Administration) 3/5
None.
Your 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-proceedings is made, which record included the testimony and
evidence upon which the appeal is based.
PIN"
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 p.m.
September 3, 1991
AMIML
O
Next Resolution
Next Ordinance:
Next Commission
Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission Consideration:
1. Approval of Minutes:
a. August 6, 1991
b. August 20, 1991
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance
of official
bond proceed
and related
ordinances i
authorizing the execution and filing of declarations
intent with respect to reimbursements from note and
s of temporary advances made for capital expenditures
matters; providing for severability; providing for
n conflict; and providing an effective date.
RESOLUTIONS (Vice -Mayor Carver) 4/5
5.
7
6. �I
8.
Cli
10.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with South Miami F.O.P. Lodge 136, Inc., for the operation
of a concession stand at South Miamii r o Fiel / (Administration) 4/5
A Resolution of the P1a //0 — /_ r
y and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the Sum of
$2,437.39 representing fees incurred for legal representation by
Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with
litigation regarding the City's Comnrensive Plan.
/0 `ql -�, /& (, (Administration) 4/5
A Resolution of the City of South Miami, Florida, appointing
Jane R. Linn as a member of the City of South Miami Recreation Board,
to serve in such capacity until September 1, 1993 or until a
successor is duly qualified and appointed. (Mayor) 3/5
/0c9—'?1— 9�6-7
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with Stroyne Bros. South, Inc., for the administration,
collection, and maintenance of the City's parking meters and
decal parking areas. (Administration) 3/5
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a transfer of the account balance of
Account No. 1100 -4040 "Commissioners Expenses - Launcelott" to
account #1720 -3610 "Refuse Disposal;" authorizing the expenditure
of the account 71100 -4040 balance for emergency repairs, garbage
collection, and /or other emergency health /safety measures for the
Marshall Williams -on Apartments; charging the disbursement to
account #1720 -3610 "Refuse Dispos}1."(� (Comm. Launcelott) 3/5
A Resolution of the Mayor a 1�/_'7 1 �a-d�
y n City Commission of the City of South
Miami, Florida, authorizing a waiver of bid procedures for the
City's Public Works Department purchase retroactively of pre -
demolition asbestos survey as set forth herein below upon an
emergency basis for the premises commonly known as Marshall
Williamson Apartments; authorizing the expenditures of $2,000.00
to Testwell Craig Laboratories of Florida Inc., for the survey;
charging the disbursement to account #2100 -5510 "General
Contingency Fund." (Administration) 4/5
OFFICIAL AGENDA
September 3, 1991
page 2 of 2
R� U IO 0 U B L 4Ef
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the expenditure of a sum
not to exceed $30,000.00 from the City's Revolving Trust
Fund for the demolition of the premises commonly known as
Marshall Williamson Apartments; authorizing the expenditure
to Miguel Rodriguez for the demolition; charging the disbursement
to account #05- 1310 -3151 "Professional Services."
(Administration) 4/5
ORDINANCE - FIRST READING AND PUBLIC HEARING: il�f 12. An Ordinance of the Mayor and City Commissi the City
of South Miami, Florida, fixing the millage and levying the
taxes in the City of South Miami, Florida, for the Calendar
year 1992: 3/5
13. An Ordinance of the Mayor and Cit Comm ,ldministration)
of the City y of
South Miami, Florida, adopting a Budget and pay plan for the
1991/92 Fiscal Year. (Administration) 3/5
ORDINANCES
14.
An rd
0 inance of the City of South Miami, Florida, amending
Section 20 -4.4 of the Land Development Code of the City of
South Miami, Florida and creating a new Section 20 -3.4 (B) (21)
both to provide for temporary off -site parking; providing for
severability; ordinances in conflict; and an effective date.
4 ?/ (Mayor) 4/5
15. An Ordinance of the Mayo a d Commission of the City of South
Miami, Florida, amending Section 11 -9 of Chapter Eleven of
the City's Code of Ordinances regarding garbage collection fees
by increasing fees for City Commercial collection services;
providing a severability clause; providing an effective date.
(Administration) 3/5
REMARKS:
None.
Your 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-proceedings is made, which record included the testimony and
evidence upon which the appeal is based.
rr
`` h, ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA: AUTHORIZING THE EXECUTION
AND FILING OF DECLARATIONS OF OFFICIAL INTENT WITH
RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS
OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES
AND RELATED MATTERS; PROVIDING FOR SEVERABILITY; PROV-
IDING FOR ORDINANCES IN CONFLICT: AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the Internal Revenue Service (IRS) has proposed
regulations pertaining to whether proceeds of bonds, notes or
other obligations hereinafter such obligations will be deemed
"spent" for purposes of Sections 103 and 141 to 150 of the
Internal Revenue Code of 1986 ( "the Code ") when used to reimburse
advances made for expenditures oaid before the issuance of such
obligations, so that the proceeds so used will not further be
sublect to requirements or restrictions under those sections of
the Code; and
WHEREAS. certain provisions of the proposed reaulations
would apply to expenditures currently being paid or to be paid
before September 8 if thev are to be reimbursed from the proceeds
of bonds issued after September 7, 1991, and all of the
provisions will apply to expenditures paid after September 7,
1991 which are to be reimbursed from governmental use bonds or
cualified 501 (c) (3) bonds issued after the expenditure is
uaid• and
WHEREAS, although the provisions of the proposed regulations
may be altered in some respects before thev become final, it is
deemed advisable that steps be taken to prepare to comply with
the proposed regulations in the event that thev are ultimately
adopted by IRS:
NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Definitions. In addition to the definitions
stated in the preamble, the following definitions apply to the
terms used herein:
Z 0 "Authorized Officer" means the Finance Director of the Citv
and anv person with authoritv at the time to exercise functions
of ~hat Office. or the , :ity Manager and any person with
authority at the time _o exercise functions of that 34J4.1;;u, or
the chief financial officer of anv Citv department of agencv with
,authority to make or authorize the expenditure to be advanced.
"Bonds" means and includes bonds, notes, certificates and
other obligations included in the meaning f "bond," under
Section 150 of the Cede.
"Declaration of Official Intent" means the declaration of
official intent. as Contemplated in '-h c_ Reimbursement
regulations. that an =xne-nditure is expected to be reimbursed
from the oroceeds of Reimbursement Bonds to be issued after the
expenditure is paid.
"Public Records" means the record= kept by the Cl,:rk of the
Commission, which are required to be available for reasonable
public inspection.
" Reimbursement" means the restoration to the 'issuer or
conduit borrower of money temporarily advanced from its other
funds and spent, before the issuance of the Reimbursement
obligations. on orooerty having a reasonablv expected aconomic
life of one vear or more. "Reimbursement" does riot include the
refunding or retiring of obligations previously issued and sold
to. or borrowing from, unrelated entities (entities not in the
same "controlled arouo ", as defined in the Reimbursement
Regulations).
"Reimbursement Obligations" means any issue of borids all or
part of the proceeds of which are to be used for reimbursement of
an expenditure paid before issuance of the obligations.
"Reimbursement Regulations" means Treasury Regulations,
whether in Pr000sed, temporary or firial form, as at the time and
as may be applicable. prescribing conditions under which the
proceeds of obligations when allocated or aoplied to a
reimbursement will be treated as "spent" for purposes of Sections
103 and 141 to 150 of the Code, includina the Proposed Treasury
Regulations (Sections 1.103 -1.7 and 1.103 -1" (rI- 59 -89).
:section 2. Authorization of Declarations _,f intent.
The Authorized Officer is authorized to nreoare. Sian and file in
t'ne ?ublic Records. Declarations of Official intent at the
.appropriate times •a nil in appropriate form, consistent with the
Reimbursement Peaulations, with respect to expenditures to be
made from monev temoorarily available and which is to be
reimbursed (in accordance with applicable authorizations,
policies and oractices) from the proceeds of Reimbursement
Obligations, to make appropriate reimbursement allocations, and
to take anv other actions as may be appropriate under the
Reimbursement Reaulations to aualifv proceeds used for
reimbursement as " soent" for purposes of Sections '03 and
Sections 141 to 150 of the Code.
Section'). Filina and Public Tnsoection. Each Declaration
of Official Intent shall be filed in the Public Records not later
than the earlier of (i) ten days after the date of the
Declaration of Official intent or (ii) the date of issuance of
the Reimbursement Bonds oertinent to such Declaration of Official
Intent, and shall be available for public inspection continuously
during normal business hours on every business day to and
includina the date of issuance of the Reimbursement Obligations.
Section 4. Conduit Issues. With regard to Reimbursement
Obliaations anv oortion of the proceeds of which are to be
loaned to a borrower for its purposes (conduit borrower), any
Declaration of Official Intent by the conduit borrower with
respect to reimbursement of prior expenditures may be filed, at
the option of the conduit borrower, with the Public Records for
inspection by the general public as provided in Section 3.
Section 5. Severability. If any section, clause,
-entente. or phrase of this Ordinance is held to be invalid or
y� .J
T
,
V
Puncc,nstitutional by anv court of competent jurisdiction, then
said 'noldinn shall in no wav .affect the validity of the remaining
uortions of this Ordinance.
Section Conflict. All Ordinances or parts of
ordinances in conflict herewith be and the same are hereby
- eoealed .
Section Effective Pate. This Ordinance shall take
=ff.ect immediately at the time of its oassace.
PASSED AND ADOPTED this th 19av of 1991.
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
4
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA AUTHORIZING THE CITY
ADMI141STRATION TO ENTER A CONTRACT WITH SOUTH MIAMI
F.O.P. LODGE i36. INC. FOR THE OPERATION OF A
CONCESSION STAND AT SOUTH MIAMI FIELD
WHEREAS, the City of South Miami Department of Recreation
operates-.a football oroeram for the vouth of the Citv at South
Miami Field durina the months of September, October, and
November.;
WHEREAS, there presently exists a concession stand at South
Miami Field ecuimoed for the sale of soft drinks and snacks:
WHEREAS. the City does not have the manpower to operate the
concession stand and an operatina concession stand would be a
desirable adiunct to the Recreation Department's football
oroaram• and
WHEREAS, SOUTH MIAMI F.O.P. LODGE 136, INC. has offered to
run the concession stand upon a responsible basis, including
gavment of 25% of its net profits;
NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the Citv of South Miami
be. and hereby is. authorized to enter into a contract with
SOUTH MIAMI F.O.P. LODGE 136, INC. for the operation of a
concession stand at South Miami Field for the months of
September, October, and November, 1991 upon a responsible basis
including gavment of gavment of 25% of its net profits.
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
6 TY ATTORNEY
r t
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND SOUTH MIAMI FOP LODGE 136
INC. LEASING CONCESSION STAND IN THE
CITY'S SOUTH MIAMI FIELD
THIS AGREEMENT, entered into this day of August, 1991
between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
hereinafter referred to as the "City" and SOUTH MIAMI FOES LODGE
INC. 136, hereinafter referred to as "Lodge 136 ";
W I T N E S S E T H:
WHEREAS, the City is the fee simple owner of the South Miami
Fields, at 6200 S. W. 67th Avenue, South Miami, Florida;
WHEREAS, a portion of the aforesaid property is equipped for the
sale of soft drinks and snacks as a concession stand, hereinafter
referred to as the "premises ";
WHEREAS, Lodge 136 desires to lease the premises from the City to
operate a Conr.Pssion Stand; and
WHEREAS, the Mavor and the City Commission of the City of South
Miami at a public meeting of August , 1991 authorized the lease
of the premises on the terms and conditions as set forth below as
being in the best interests of the public and serving a valid
puhlic purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as follows:
3. The City wi33 lease to Lodge 136 the premises for the following
period: daily during those hours there is a City Recreation
Department event from Sunday, September 1, 1991 through Saturddy,
November 30, 1991, Lodge 1.36 may sell whatever soft drinks and /or
snacks they desire, except no tobacco or alcohol may be sold.
Further, the City reserves the right to restrict the sale of other
Items.
2. Lodge 136 shall pay the City 25% of its net profits (i.e. gross
receipts less cost of goods) profits on its last business day of
each month of its term of this Agreement. Lodge 136 further
Sr
I I
agrees, that upon
accounting records
verification.
reasonable advance notice, will make its
available to the City for audit and /or
3. The premises have been equipped with certain furnishings and
fixtures as per the attached Exhibit "A". City hereby grants
permission to Lodrie 136 to properly use the equipment set forth in
the attached Exhibit "A "; however, this equipment must be used
only at the premises and shall be returned to the City upon the
termination or expiration of this Agreement. The equipment shall
be returned in the same condition as when received except for
normal wear and tear. Excluding such normal wear and tear, Lodge
136 shall replace all damaged equipment, furnishings, and
furniture belonging to the City with like quantity and such
replacement shall then become the property of the City.
4. The premises are a part of a larger facility, which is publicly
owned and operated, and therefore, the manner in which the
premises are operated will reflect upon the City. Therefore,
Lodge 136 members who have contact with the public must perform
their duties in an efficient and courteous manner. Failure of a
member to do so shall be grounds for the City to demand his or her
removal from duties in the facilities and failure of Lodge 136 to
honor any such request shall be grounds to terminate this
agreement.
5. Dodge 136 will at all times have qualified personnel foz the
preparation and handling of food behind the counter /kitchen and
shall contzol the conduct, demeanor, and appearance of his
employees, customers and patrons. Upon objection of the City
concerning such conduct, demeanor, or appearance of any such
person, Lodge 136 shall immediately take. all necessary steps to
correct the cause of such objection.
6. Lodge 136 agrees that the rights contained in this Agreement
may in no wav he utilized by Lodge 136 to interfere with the City's
recreational programs, Therefore, any proposed program or activity
S
I
must be First coordinated with, and given prior approval '_,y, the
City's Recreation Director.
7. All property or items placed of moved on the premises shall be
at the sole risk of Lodge 136 and the City shall not be liable :or
any loss or damage to such property or items.
8. Lodge 136 shall promptly execute and comply, at Lodge 13E's
cost and expense, with all statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and City
Government and of any and all their. Departments and Bureaus
applir.ahle to said premises for any purpose, including but not
limited to, health regulations; the correction, prevention and
abatement of nuisance> or other grievances; and fire prevention
regarding said premises during the term of this Agreement.
9. In the event the premises shall be destroyed or so damaged or
iniured by fire or other casunli-y during the life of this
Agreement, whereby the same shall be rendered untenantable, this
Agreement shall be terminated.
10. The faithful observance of all conditions of this Agreement
and of such other and further rules, or regulations as may be
hereafter made by the City are the conditions upon which the
Agreement is made and accepted. Any failuze: on the parr. of Lodge
136 to comply with the terms of said Agreement or any of said
rules and regulations now in existence, or which may be hereafter
prescriber) by the City, shall, at the option of the City, work a
forfeiture and shall terminate this Agreement.
11. Lodge 136 shall not pledge this Agteement nor attempt to
sublet all or any portion of the premises.
12. Lodge 136 agree:: to indemnify, defend, and hold harmless the
City from all claims, suits, actions, damages or causes of action
arising during the term of this Agreement, including reasonable
attornev's fees and costs for any personal injury, including, but
not limited to loss of life, or d dmage t.- r) personal property
S 3
[ j
Sustained an the premi5es by Lodge 136 or by any third party.
Lodge 136 shall maintain general liability insurance on the
premises in amounts of not less than Five Hundred Thousand Dollars
($500,000) per occurrence, with the C;ty named as an additional
*insured.
13. It is herehv understood and agreed that any sign or
advertising is proposed to be used in connection with t}ie premises
by Lodge 136, it shall be !first submitted to the City for its
written approval before use of same shall be permitted.
14. All payments and notices are to be made to the City at:
Citv of South Miami
Attention: Finance Department
6130 Sunset DrivN
South Miami, Florida 33143
and to Lodge 136 at:
FOP LODGE 136 INC.
P.O. Box 43- -0621
South Miami, Florida 33243 -0621
15. This Agreement may not be modified, except in writing signed
by both parties.
IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement for the purposes expressed herein this day of
August_, —_, 1991.
Witnesses as to Lodge 136:
Witnesses as to Citv:
4
FOP LODGE 136 INC.
by _
DAVID DWECK, President
CITY OF SOUTH MIAMI
by - —
City Manager
Attest:
City Clerk
(CITY
SEAL)
SOUTH MIAMI FIELD
CONCESSION STAND
SOUTH MIAMI, FLORIDA
FOOD SERVICE EQUIPMENT SCHEDULE
ITEM
QUANTITY
EQUIPMENT DESCRIPTION
COMMENTS
1
1
16 cu. ft. Sears Coldspot
refrigerator with freezer
2
1
Whirlpool stainless steel
four burner electric counte.-
tup stove unit
3
1
Rheem ten gallon electric
hot water heater
4
i.
Stainless Steel double
sink with faucet
5
1
Sears Coldspot 20 cu. ft.
Khoury League
frostless freezer
is Owner
6
1
Star stainless steel twu
Khoury League
is owner
Compartment Steamer
7
1
Pepsi Machine With five
Pepsi Cola
valves and gas tank
Co. is Owner
8
1
Wooden table with double
shelves 30" x 6'
9
1
Goldstar microwave oven
Khoury League
Model # ER 9020
is Owner
in
1
Excellence 4.5 cu. ft.
Frozfruit
freezer
is Owner
11
1
Snokonetto Ice Shaver
5 5
RESOLUTION NO.
A RESOLUTION OF T14E MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $2,437.39 REPRESENTING
FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY
BOP,GOGNONI OF RUDEN, BARNETT ET AL IN CbNJUNCTION WITH
LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN
WHEREAS. by Resolution number 75 -90 -9102 the City Commission
authorized the emplovment of Greaory Boraoanoni of Ruden, Barnett
et al in conjunction with litigation reaardina the Citv's
- omorehensive Plan: and
WHEREAS. the City has now received invoices for legal
services rendered pursuant to the aforesaid Resolution for the
period ending June 30, 1991 for a total of 52,437.39;
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 52,437.39 to Gregory Borgoanoni of Ruden,
Barnett e= al for legal services rendered in conjunction with
litigation reaardina the City's Comprehensive Plan.
Section 2. The disbursement be charged to account number
2100 -5510: "Reserve for Prior Years Encumbrances ".
PANED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
TREAD AND nPPROVED AS TO FORM:
CITY ATTORNEY
Client No. CI18371
FEDERAL IDN 59. 1307357
RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 764.6660
CITY OF SOUTH MIAMI, FLORIDA
City Hall �w:;'� August 10, 1991
6130 Sunset Drive ,� Invoice No. 184802
Miami, Florida 33143
FOR LEGAL ihCES RENDERED IN CONNECTION WITH
File No. 2
Land Use Comprehensive Plan litigation
07/01/91 G. Borgognoni 2.8 490.00 Review Fletcher's Motion for Rehearing;
prepare and serve response.
07/02/91 K. Klein .4 54.00 Review response to Motion for Rehearing.
07/11/91 K. Klein .3 40.50 Conference with Greg Borgognoni.
TOTAL HOURS 3.5
TOTAL FOR SERVICES $584.50
DISBURSEMENTS
Photocopies
DISBURSEMENTS TOTAL
TOTAL
4.00
$4.00
$588.50
INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY
INVOICE THEN UNPAID FOR MORE THAN ONE (1) MONTH SHALL BE SUBJECTTO A LATE CHARGE OF ONE AND ONE -HALF PERCENT (1V9 %) PER MONTH.
Client No. CI18371
RUDEN, BARNETT, MCCLOSKY, SMffH, SCHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 764.6660
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
File No.
4
adv. Elias
07/02/91
K.
Klein
.5
07/05/91
G.
Borgognoni
10.2
07/05/91
K.
Klein
4.0
07/12/91
K.
Klein
.1
07/24/91
B.
Juza
.1
07/25/91
K.
Klein
.2
Lit
FEDERAL ID# 59- 1307357
August 10, 1991
Invoice No. 184803
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
67.50 Conference with Greg Borgognoni;
telephone conference with
John Fletcher, Esquire; prepare letter
to William Hampton.
1,785.00 Prepare and revise Answer Brief.
540.00 Proofreading and revision of answer
brief; telephone conference with legal
couriers; shepardize citations; bind
briefs; conference with
Greg Borgognoni.
13.50 Telephone conference with office of
Robert Swarthout regarding exhibits.
8.50 Conference with Ken Klein.
27.00 Conference with Greg Borgognoni.
TOTAL HOURS 15.1
TOTAL FOR SERVICES $2,441.50
DISBURSEMENTS
Long Distance Telephone Calls 2.24
Photocopies 70.00
Secretarial Overtime Charge 25.00
WESTLAW Computerized Legal Research 52.38
DISBURSEMENTS TOTAL $149.62
TOTAL $2,591.12
INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY
INVOICE THEN UNPAID FOR MORE THAW ONE (1) MONTH SHALL BE SUBJECTTO A LATE CHARGE OF ONE AND ONE -HALF PERCENT (11h%) PER MONTH.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA
APPOINTING JANE R. LINN AS A MEMBER OF THE CITY
OF SOUTH MIAMI RECREATION BOARD TO SERVE IN SUCH
CAPACITY UNTIL SEPTEMBER 1, 1993 OR UNTIL A
SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance No. 9 -82 -1132, the City of
South Miami created a Recreation Board; and
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities; and
WHEREAS, there is currently a vacancy on the City of
South Miami, Florida, Recreation Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. that Jane R. Linn be and is hereby appointed
to the City of South Miami Recreation Board to serve as such
capacity until September 1, 1993, or until a successor is duly
qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
1
APPROVED:
MAYOR
RESUME
NAME: Tar 4
ADDRESS:.7�ZI S C,v 5g41,
TELEPHONE: HOME
OFFICE-
MARITAL STATUS:
EDUCATION: g.A Mary Bcldwm CG(le "
Work,ng an ►'10:s E"d LLL01lm -, ICI C)
YEARS RESIDING IN SOUTH MIAMI: IT-0-Y,
ORGANIZATIONS YOU BELONG
JOB DESCRIPTION:-
Leacher-
DATE,7'1?j q�
1
BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION:
Recreation Board: Study and determine wants and needs of the people
of South Miami pertaining to leisure time activities.
Commercial Development
Beard: Promote interest and stimulate new business into
South Miami and improve existing conditions for
business already in the City.
Planning Board: Consider Comprehensive Master Plan as a guide to the
implementation of zoning in the City. Investigate
zoning related matters and make recommendations to
the City Commission for any existing zoning matters
or requests for future development. Board meets
7:30 P.M. on 2nd and last Tuesday of each month.
Environmental Review
Board: Encourage excellence in the quality of architectural
and environmental design. Board meets at 9:00 A.M.
on 1st and 3rd Tuesday of each month.
Personnel Board: Review Personnel regulations; review grievances
if any from employees of the City. Board meets
when an appeal is scheduled to be heard.
Code Enforcement Board: Board enforces occupational licenses, building, zoninc
sign and other related Codes and Ordinances of the
City. Board meets 8:30 A.M. on the 2nd thursday of
each month.
Safe Neighborhood Board: Study crime prevention by architectural design and
redevelopment and other concerns of residents. Board
meets 6:00 P.M. on the one Monday each month.
South Miami Action
Committee: Board address items of community concerns such as
housing, economic development and delivery of necessa!
human and social services. Board usually meets 1
thursday a month at 6:30 P.M.
-P1 ease�xrite in your
:.pre er"tes -for Boards: 1. -
?
RESOLUTION NO.
A RESOLUTION OF
CITY OF SOUTH
ADMINISTRATION T
SOUTH, INC. FOR
MAINTENANCE OF
PARKING AREAS
THE MAYOR AND CITY COMMISSION OF THE
MIAMI, FLORIDA AUTHORIZING THE CITY
3 ENTER A CONTRACT WITH STROYNE BROS.
THE ADMINISTRATION, COLLECTION, AND
THE CITY'S PARKING METERS AND DECAL
WHEREAS, pursuant to a Contract executed on or about
November 20, 1990, Stroyne Bros. South, Inc. has heretofore
provided a comprehensive program for the administration,
collection, and maintenance of the parking meters and decal
parking areas of the City of South Miami;
WHEREAS, that Contract provided in paragraph 14 that
This Agreement is for an initial term of one year from
October 1, 1990. Thereafter, the City shall have the right
to renegotiate a Contract for comprehensive administration,
maintenance and collection program for all parking meters
and decal areas.
and
WHEREAS, the City Manager has now renegotiated such a
Contract, a copy of which is attached hereto as Exhibit "A" and
requested authority to execute same,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the City of South Miami
be, and hereby is, authorized to execute the attached ContzaCt
with Stroyne Bros. South, Inc. for the administration,
collection, and maintenance of the City's parking meters and
decal parking areas.
PASSED AND ADOPTED this th day of September, 1990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND
STROYNE BROTHERS SOUTH INC. FOR THE
ADMINISTRATION, COLLECTION, AND MAINTENANCE
OF THE CITY'S PARKING METERS AND DECAL
PARKING AREAS
THIS AGREEMENT, entered into this day of September 1991 by
and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation, hereinafter referred to as the "City" and STROYNE
BROS. SOUTH INC., a Florida corporation, hereinafter referred to
as "Stroyne ";
W I T N E S S E T H:
WHEREAS, the City is desirous of employing Stroyne to provide a
comprehensive program for the administration, collection, and
maintainence of the City's parking meters and decal parking
areas;
WHEREAS, Stroyne represents that it is competent, experienced,
and able to provide this program; and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of September 3, 1991 authorized the
execution of this Agreement on the terms and conditions as set
forth below as being in the best interests of the public and
serving a valid public purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as
follows:
1. Stroyne agrees, effective October 1, 1991, to provide a
comprehensive program for the administration, maintenance, and
collection for all parking meters and decal parking areas within
the City of South Miami.
2. Commencing with City fiscal year October 1, 1991, through
September 30, 1992, Stroyne guarantees to pay the City the Amount
of $150,000.00 ($250.00 annually per meter) from parking
meter revenues for the 600 meters currently owned by the City of
South Miami, Florida. This sum shall be paid by Stroyne to the
City of South Miami in monthly installments of $12,500.00 due &
payable no later than the 15th of each month commencing effective
October 15, 1991. A fee of 1% per month will be charged on all
funds not paid on the date due.
3. Stroyne may purchase and install additional parking meters
with the prior written approval of the City Manager. Any new
meters become the property of the City of South Miami at the end
of this Agreement.
4. Commencing with City fiscal year October 1, 1991, through
September 30, 1992, Stroyne guarantees to generate a minimum of
$9,000.00 of revenues from decal parking areas, which decals
are to be purchased directly from the City of South Miami. In
the event that revenues from decals do not generate $9,000.00,
Stroyne will pay the shortfall differential between the actual
revenues and the $9,000.00 by October 15, 1992. A fee of 1% per
month will be charged on all amounts unpaid by Stroyne after
November 1, 1992.
5. All fines from Parking Citations (violations) shall be
paid directly to Metro Dade County Parking Violation System.
However, in the event that revenues from parking fines do not
generate $310,000.00, Stroyne will pay the shortfall differential
between the actual revenues and the $310,000.00. Payments of any
shortfall (the difference between fines collected and $77,500)
shall be paid on the 15th day after the end of each quarter —
December 31, March 31, June 30, and September 30 based on 25 %,
50%, 75 %, and 100% of the guaranteed amount. A fee of 1% per
0
C�
•
s
month will be charged on all amounts unpaid by Stroyne after the
15th day after the end of the quarter.
6. Stroyne agrees to reimburse the City for the salary,
benefits, and insurance and the operating costs for one full -time
employee, for an annual sum not to exceed $30,075.50 for the
1991 -92 fiscal year. Said employee will be for enforcement
duties only, and will be supervised by the Chief of Police and
Stroyne. Overtime will be charged at the rate of $16.2947 per
hour for all approved hours worked over 40 hours in any one
regular work week. 1/12 of the annual sum is due by the 15th of
each month commencing effective October 15, 1991. A fee of 1%
per month will be charged on all amounts unpaid by Stroyne on the
date due.
7. All revenues generated as a result of fines and forfeitures
shall belong to the City of South Miami. Stroyne shall not
receive any remuneration, cash revenues, credit or any form of
compensation from parking violations, nor shall any quotas or
goals be fixed, placed, or planned.
8. Stroyne agrees to provide a certificate of insurance for the
administration of the parking meter program naming the City of
South Miami as a named payee covering public liability and all
claims arising from, or resulting from, said operation of the
parking meter program for an amount not less than One Hundred
Thousand Dollars ($100,000.00) per person and Two Hundred
Thousand Dollars ($200,000.00) per incident.
9. In addition to the provisions of paragraph 8 above, Stroyne
agrees to indemnify and hold the City harmless from all claims,
suits, actions, damages, or causes of action arising during the
term of this Agreement, including reasonable attorney's fees, for
t�
J �
any personal injury, loss of life, or damage to person or
property sustained by reason of, or as a result of, the act or
negligence of Stroyne, its agents or employees.
10. Stroyne warrants that all parking meters or other materials
supplied shall be of good quality, free from faults and defects,
fit for purposes intended and shall be warranted as to service
parts for a period of one year from installation. Stroyne
further represents that missing meters will be replaced in a
timely manner.
11. This is a personal service agreement whereby the City has
expressly retained Stroyne. This agreement is not assignable or
transferable in whole or in part without the prior expressed
written consent of the City.
12. Stroyne agrees to comply with all State and Federal
regulations including specifically, lawful employment practices,
and shall not (1) discharge or fail to refuse to hire any
individual, or otherwise discriminate, against any individual
with respect to compensation, terms, conditions, or privileges of
employment because of such individual's race, color, religion,
sex, national origin, age, handicap or marital status; and /or (2)
limit, segregate or classify employees or applicants for
employment opportunities, or adversely affect any individual's
status as an employee, because of such individual's race, color,
religion, sex, national origin, age handicap, or marital status.
13. Stroyne agrees to allow for 100% auditing of all meter
revenues by the City during the life of the contract.
Additionally, a schedule of revenue collections, shall be
submitted to the Financial Director no later than the 1st of each
CJ
•
month commencing effective October 1, 1991. One City employee
shall be present during the collection process, bagging, and bank
delivery. A copy of each deposit slip shall be submitted to the
Finance Director by the Stroyne.
14. This Agreement is for an initial term of four years from
October 1, 1991. Annually, the City shall have the right to
renegotiate the contract for meter and ticket fine revenue,
comprehensive administration, maintenance and collection program
for all parking meters and decal areas. In exchange for the four
year agreement, Stroyne gaurantees to pay the City 50% of all
meter collections in excess of $295,000 with the payments
beginning the month the $295,000 is exceeded. A fee will be
charged of 1% per month on any of the unpaid balance.
15. This Agreement is subject to the provisions of the Charter
and Code of Ordinances of the City of South Miami and applicable
Federal, State, and County Laws, all of which are incorporated
herein by reference. This Agreement shall be construed according
to the laws of the State of Florida and venue shall be in Dade
County, Florida.
CI
Witnesses as to Stroyne:
Witnesses as to City:
STROYNE BROS. SOUTH INC.
by
------------------ - - - - --
Ronald M. Stroyne, Pres.
CITY OF SOUTH MIAMI
by
------------------------
William F. Hampton,
City Manager
Attest:
------------------------
Rosemary Wascura,
City Clerk (CITY
SEAL)
�
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A TRANSFER OF
THE ACCOUNT BALANCE OF ACCOUNT NO. 1100 -4040
"COMMISSIONERS EXPENSES - LAUNCELOTT" TO ACCOUNT NO.
1720 -3610 "REFUSE DISPOSAL "; AUTHORIZING THE
EXPENDITURE OF THE ACCOUNT 1100 -4040 BALANCE FOR
EMERGENCY REPAIRS, GARBAGE COLLECTION, AND /OR OTHER
EMERGENCY HEALTH /SAFETY MEASURES FOR THE MARSHALL
WILLIAMSON APARTMENTS; CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 1720 -3610 "REFUSE DISPOSAL ".
WHEREAS, the City of South Miami has previously authorized
the condemnation of the premises commonly known Marshall
Williamson Apartments; and
WHEREAS, pursuant to that decision, there have arisen
various health /safety concerns of an emergency nature, including
garbage Collection and emergency repairs; and
WHEREAS, Commissioner Launcelott has offered the balance of
her budgeted commission expense account of approximately
$ 560.00 toward the emergency resolution of these problems;
HOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Finance Director be, and hereby is,
authorized to transfer of the account balance of account no.
1100 -4040 "Commissioners Expenses - Launcelott" to account. no.
1720 -3610 "Refuse Disposal ".
Section 2. That the City Manager be and hereby is
authorized to expend the account 1100 -4040 balance of
approximately S 560.00 for emergency repairs, garbage
collection, and /or other emergency health /safety measures for the
Marshall Williamson Apartments.
Section 3. That the disbursement be charged to account no.
1720 -3610 "Refuse Disposal ",
Cl
1
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
F
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 CITY'S PUBLIC WORKS DEPARTMENT
PURCHASE RETROACTIVELY OF PRE - DEMOLITION ASBESTOS
SURVEY'AS SET FORTH HEREIN BELOW UPON AN EMERGENCY
BASIS FOR THE PREMISES COMMONLY KNOWN AS MARSHALL
WILLIAMSON APARTMENTS; AUTHORIZING THE EXPENDITURE OF
S 2,000.00 TO TESTWELL CRAIG LABORATORIES OF FLORIDA
INC. FOR THE SURVEY; CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 2100 -5510 "GENERAL CONTINGENCY FUND ".
WHEREAS, the City of South Miami has previously authorized
the condemnation of the premises commonly known Marshall
Williamson Apartments; and
WHEREAS, pursuant to that decision, the City Administration
was required to obtain a pre - demolition asbestos survey, pursuant
to Federal.. State, and County statues /ordinances regarding
asbestos in and removal from buildings; and
WHEREAS, the emergency nature and public health
considerations required the immediate implementation of these
services;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a retroactive purchase order is hereby
awarded to Testwell Craig Laboratories of Florida Inc. in an
amount not to exceed $ 2,000.00 for emergency pre - demolition
asbestos survey to Marshall Williamson Apartments.
Section 2. That the disbursement be charged to account no.
2100 -5510 "General Contingency Fund ".
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Lf
Ercl
:L
TESTWELL CRAIG PHONE: (305) 693.0561
LABORATORIES OF FLORIDA, IND. 7104 N.W. DI&I STREET, MIAMI, FLORIDA 33166
August 28, 1991
Ms. Sonia Lama
THE CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Re: Pre - Demolition Asbestos Survey
Dear Ms. Lama:
Testwe.13 Craig Laboratories of Florida, Inc. (TCL) is pleased to
present the following quotation for a Pre- Demolition Asbestos
Survey for 44 apartment units located at 6576, 6578, and 6580 S.W.
60th Avenue, South Miami, Florida. This two story building is
estimated to be between 12,000 to 22,000 square feet.
PRE - DEMOLITION ASBESTOS SURVEY
TCL will provide the services of a Qualified Asbestos Technician
to collcet bulk samples of suspected Asbestos Containing Materials
which are currently friable, or have the reasonable potential of
becoming friable during demolition. Here we define friable as
easily crumbled or reduced to powder under hand pressure.
We will also estimate quantities of asbestos, if apparent, in the
collected bulk samples. The following quotation assumes ready
access, at the time of bulk sample collection, to all areas of the
structures to be surveyed. We estimate this survey will require
one day of unhampered access to apartments and approximately fifty
(50) samples.
Qualified Asbestos Technician .................$ 35.00 Per Hour
Bulk Sample Rate ..............................$ 25.00 Per Sample
Asbestos Consultant to Review, Sign, and
Seal Final Reports .....................6900...$ 95.00 Per Hour
Senior Technician to schedule and review
preliminary reports ...........................$ 55.00 Per Hour
ESTIMATED TOTAL AMOUNT ..... . ..........
........fi1,840.p4
A minimum of $350.00 per report will be billed if aforementioned
totals legs then our minimum chargc of $350.00.
DIVISIONS IN: LOND ISLAND CITY, NEW YORK . MAYS LANDING, NEW JERSEY
FAIRFIELD, NEW JERSEY . DANBURY, CONNECTICUT • OSSINING, NEW YORK • ALBANY, NEW YORK
�o
TESTWELL CRAIG LABORATORIES of FLORIDA, INC.
FINANCIAL NOTES
Overtime rates apply before SAM and after 5PM, Monday through
Friday, and all day Saturday. Monday through Saturday hourly
overtime rates are one and one -half times (1.5) the stated hourly
rate. Sunday and Holiday rates are two (2) times the stated rate.
You will be provided with two copies of the Asbestos Survey. If
you should require more than two copies of the Asbestos Survey
there will be an additional charge of $0.40 per page. This
nominal charge helps cover our costs of copying and postage.
This quotation will be valid for a period of thirty (30) days from
the above date. TCL's terms are net thirty (30) days from the
date of invoice. A charge of 1.5% per month (18% per annum) will
be charged on all past due invoices.
We appreciate this opportunity to be of service to you. Should
this quotation meet with your approval please sign where indicated
below and return the executed copy to our office.
sin rely,
Cheryl A. Wenemer,
Marketing Manager
Testwell Craig Laboratories of Florida, Inc.
ACCEPTED BY:
TITLE tL / - - �.
DATE t
CAW /vn
File: P910828A.ASB
10
' RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE
EXPENDITURE OF A SUM NOT TO EXCEED $ 30,000.00 FROM
THE CITY'S REVOLVING TRUST FUND FOR THE DEMOLITION OF
THE PREMISES COMMONLY KNOWN AS MARSHALL WILLIAMSON
APARTMENTS; AUTHORIZING THE EXPENDITURE TO MIGUEL
RODRIGUEZ FOR THE DEMOLITION; CHARGING THE DISBURSEMENT
TO ACCOUNT NO. 05 -1310 -3151 "PROFESSIONAL SERVICES ".
WHEREAS, the City of South Miami has previously authorized
the condemnation of the premises commonly known Marshall
Williamson Apartments; and
WHEREAS, pursuant to that decision, the City Administration
has obtained a cost estimate from Miguel Rodriguez Demolition
for these demotion services of approximately $ 30,000.00; and
WHEREAS, the City Administration suggests the expenditure be
charged to the City's Revolving Trust Fund, with the
understanding that any fines or fees received from or in
connection with the Marshall Williamson Apartments will be
returned to the Revolving Trust Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby, is
authorized to expend a sum not exceed $ 30,000.00 from the City's
Revolving Trust Fund to Miguel Rodriguez Demolition for the
demolition of the premises commonly known as Marshall Williamson
Apartments, with the understanding that any fines or fees
received from or in connection with the Marshall Williamson
Apartments will be returned to the Revolving Trust Fund.
Section 2. That the disbursement be charged to account no.
05 -1310 -3151 "General Contingency Fund ".
1�
PASSED AND ADOPTED this _____th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
11 2
PROPOSAL
FROM: MIGUEL RODRIGUEZ 3EMOL171ON CC #0017715 PROPOSAL :019
15300 TURNBULL DR. DATE- -- 08 -27-01
MIAMI LAKES. FL 33014
PH. (305) 558 -6943
FAX #: 558 -6113 VENDER REGISTRATION # 592322776
PQPQSAr SUBMITTED TO WORK TO BE PERFORMED AT
"LAME: CITY OF
STREET: 6130
CIT.': MIAMI
7IP: 33143
PHONE #:(305)
FAX #:(305)
ATTENTION:
SOUTH FLORIDA
SUNSET DR.
STATE: FL
SUITE:
663 -6338
STREET: 6580 Sin? 60 AVE.
6576 -78 SW 60 AVE.
CITY: MIAMI STATE: FL
We hereby propose to furnish all the materials and perform all
the labor necessary for the completion of:
DEMOLITION OF BUILDING AND HAUL _AWAY AT 6580 SW 60 AVE.
THE PRICE FOR THIS WILL BE $11,500.00
DEMOLITION OF BUILDING AND HAUL AWAY AT 6576 -78 SW 60 AVE.
THE PRICE FOP. THIS WILL BE $13.800.00
DEMOLITION PERMITS WILL BE INCLUDED.
THE SUPVEY OR REMOVAL OF ASBESTOS IS NOT INCLUDED N THIS
P?OPOSAT.
11 material is guara
work to be performed in
specification submitted
sucstantial worKmanlike
steed to be as spec:f:ea. and the above
accordings with the arawings and
for above work and comp_',eted in a
manner for the sum of:
Dollars ($ 25.300.00).
with payments to be made as follows:
THE ENTIRE PAYMENT IS DUE UPON THE COMPLETION OF THE JOB
..17e: t :on rc ^eV.1ation fr ^m .=.tjDCve `,peC :f :Czti0n`_
extra costs. wail be executed only upon written crcers. ana :ii;
cecome an extra cnarce over ar.c aoove the estimate. z l 1
agreements contingent upon strikes. accidents or ceiays oeyonc
our control. Owner to carry fire. tornado and other necessar.1
insurance upon aoove work. Workmen's Compensation and Puelic
7iaoiiity insurance on aoove work to be taken out ov:Miauel
Poor iauez
Respectfully submitted Miguei Rodriguez
Per, Miguel Rocriauez Demolition
� /,mac.` l�C� �'G1..� '�C�G- •�
t•lote -Th i s prcpos s T not acc ept e^ .•.i, ':n.,
cays.
ACCEPTANCE OF PROPOSAL
The pr!--es. specltiCations anC - 041!C11rions e 41-T. cane =''
satisfactory and are hereby accepted. `iou are authorized to co
the worK. as specified. Payment will be mace as out: :nec aoove.
;CCEPTED SIGNATURE
DATE SIGNATURE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, FIXING THE MILLAGE AND LEVYING
THE TAXES IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE
CALENDAR YEAR 1992.
WHEREAS, pursuant to Section 200.065, Florida Statutes, tax
assessments for all real property within the jurisdiction of the
City of South Miami for the calendar year 1992 has been made by
the property appraiser for Dade County; and
WHEREAS, pursuant to the above -cited statutory provision,
the Mayor and City Commission is required to adopt a tentative
and thereafter a final millage rate for the taxing urisdiction
of the City of South Miami.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there shall be and hereby is levied upon
real property in the City of South Miami, Florida, a tax of 6.856
mills on the dollar for the calendar year 1992, for the operational
expenses of the government of the City for the fiscal year beginning
October 1, 1991, and ending September 30, 1992. This millage
rate exceeds the rolled back rate by 8.9 %, and this will result
in property taxes being increased by 7.6 %.
Section 2. This ordinance shall take effect on
October 1, 1992.
PASSED AND ADOPTED this day of 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
lao*4
APPROVED:
MAYOR
V 1 1
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET AND
PAY PLAN FOR THE 1991/92 FISCAL YEAR.
WHEREAS, the City Manager has submitted a proposed budget
together with a budget message and supporting schedules including
a pay plan; and
WHEREAS, pursuant to Chapter 200, Florida Statutes, the
Mayor and City Commission is required to adopt a tentative and
thereafter a final budget for the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Budget for the fiscal year 1991/92,
as submitted by the City Manager, including the pay plan, attached
hereto as Exhibit 1 in an amount of $$7,513.602 be and the same
is hereby approved.
1991. Section 2. This Ordinance shall take effect on October 1,
PASSED AND ADOPTED this day of 1991.
ATTEST:
CITY CLERK
Read and approved as to form:
13
APPROVED:
Cathy McCann
Mayor
f
T k 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -4.4 OF THE THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING
A NEW SECTION 20 -3.4 (B)�(21); BOTH TO PROVIDE FOR
TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code, which in Section 20 -4.4
provides for off -site parking spaces, provided the spaces are
either on land held in common ownership "or held under a lease
with a remaining term of twenty (20) years or more "; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for temporary off -site parking
spaces under a less restrictive lease term;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -4.4 F (2) (c) of the Land
Development Code be, and the same is, hereby amended to add the
following final sentence:
The foregoing notwithstanding, off -site parking spaces
may be held under a lease with a remaining term of
less than twenty (20) years under the special
condition set forth in section 20 -3.4 (B) 21.
Section 2. Section 20- -3.4 (B) of the Land Development Code
be, and the same is, hereby amended to add the following new
sub - section 21:
(21) TEMPORARY OFF -SITE PARKING
Off -site parking
one year may be
conditions:
(a) The use
term of one year
City Commission
public interest,
held under a lease term of at least
utilized under the following special
must be for a minimum remaining lease
and must be initially approved by the
as being within the health, safety, and
(b) One utilizing temporary off -site parking under
' this section must schedule and appear before the
Commission one year from the date of the initial
approval of the use to obtain Commission approvai for
condition of the use. The applicant must show it has
either a new lease or a remaining lease, in either
case for one the use year minimum and that the use
remains in the health and safety of the public.
Otherwise, approval is automatically null and void.
Section 3. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent lurisdiction, then said holding shall in no
way 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.
PASSFD AND ADOPTED this th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
l�
APPROVED:
MAYOR
2
Ii 1 b
August 13, 1991
HAND DELIVERED
,NEW o City Commission
THE NICHOLS THE CITY OF SOUTH MIAMI
PARTNERSHIP? 6130 Sunset Drive
ARCHITECTURE /PLANNING South Miami, Florida 33143
RE: JJ's AMERICAN BAR & GRILL
5859 S.W. 73rd Street
South Miami, FL 33143
Madam Mayor and Commissioners:
As you are aware, JJ's BAR & GRILL, LTD., an affiliate of JJ's AMERICAN
DINER in South Miami, has purchased the lease and is currently in the process
of renovating the old "Bella Luna" restaurant located at 5859 S.W. 73rd Street in
South Miami. It is our intention to convert the old operation into a new
restaurant/lounge called "JJ's AMERICAN BAR & GRILL ". We currently have
building permits and are underway with the interior renovation of this building.
In order to give this building an entirely new image, as well as to improve the
entire front entrance to the building, we would like to convert the existing minor
parking area in front of the building into a landscaped courtyard with brick pavers,
additional landscaping, decorative past lights, and umbrella tables and chairs with
searing for approximately 40 persons. This "patio seating" is allowed by your Code
in this area, and it would greatly enhance not only the front of this building, but
also it would greatly enhance the sidewalks and pedestrian scale along the edges
of these streets. We have presented the site plan and the elevations to your
Environmental Review Board, which unanimously approved the plans and
commended this outstanding concept.
We have also worked with your Building and Zoning Department, including their
having this proposal reviewed by an outside zoning consultant, and all have
concluded that this proposal is acceptable, subject to our providing nineteen (19)
parking spaces within the 500' radius of our property allowed by your Code. We
have worked with the First National Bank of South Miami and they are willing to
lease to us on an annual basis, renewable annually, these nineteen (19) spaces in
their lot which is located in the adjacent block diagonally across the street from our
restaurant. We consider this front landscaped patio as having "temporary outdoor
searing ", which does not affect our ongoing interior restaurant/lounge operation.
2600 Douglas Road, Suite 900 Because of its temporary nature. we respectfully request that we be allowed to put
Coral Gables, Florida 5206 33134 these umbrella tables and chairs on this patio and provide the one year lease for
Telephone (305) 443.5206
FAX (305) 446-2872 the required parking, which would be renewed annually. We would simultaneously
�T
41 ) _%
®CITY OF SOUTH MIAMI
August 13, 1991
Page 2
THE NICHOLS
PARTNERSHIPYj request that this approval by the City be subject to the City's Annual Review and
ARCHITECTURE /PLANNING Re- approval each year, which would be based on our providing the renewed parking
lease, as well as our track record of providing a quality operation that does not
create a nuisance to the City or its residents. In the event that the parking lease
was not renewed, or the approval was not renewed by the City Commission, then
we would agree to remove the umbrella tables and chairs from this area and simply
use it as an entrance courtyard.
I have enclosed a copy of the Site Plan showing this newly landscaped patio for
your review. Inasmuch as we are trying to open the new operation in
approximately three weeks, we respectfully request to have this item placed on the
Agenda for the next City Commission meeting, which will be held on August 27,
1991. We will be present to discuss this in further detail and provide answers to
any questions.
Thank you for your consideration.
Sincerely,
JJ's AMERICAN,B.AR & GRILL, LTD.
By: N 1
Jo ichols
Vice President
JJ's BAR & GRILL MANAGEMENT, INC.
JRNJIss
Enclosure: Site Plan
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 11 -9 OF CHAPTER
ELEVEN OF THE CITY'S CODE OF ORDINANCES REGARDING GARBAGE
COLLECTION FEES BY INCREASING FEES FOR CITY COMMERCIAL
COLLECTION SERVICES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami both maintains a Public Works
Department and oversees private collection services in regard to
refuse and garbage collection in the City; and
WHEREAS, the administration has recommended amendment to
Section 11 -9 of Chapter Eleven of the Code of Ordinances to provide
for proper fees being paid to the City for the services provided.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA.
Section 1. The Section 11 -9 of Chapter Eleven of the Code
of Ordinances is hereby amended as follows:
Sec. 11 -9 Refuse collection fee schedule.
(b) Commercial garbage and commercial trash
(1) The fees for the collection of refuse from
commercial establishments including apartments,
hotels and motels from approved domestic garbage
containers as described in the chapter shall be
as set forth herein for the number of containers
and frequency of collection.
Class No. Collections per Monthly Fee
Week
6 2 $14.18
7 5
8 6 36.50
Additional for each container above minimum
Class No. Monthly Fee
6 $22.58
7 22.58
8
(2) The fees for collection of refuse from commercial
establishments including apartments, hotels and
motels from approved City -owned and privately
owned and maintained bin -type containers shall be
as s•etforth herein for the capacity and frequency
of collection.
(a) One cubic yard capacity:
:4 0 11
Class No. Collections Monthly
per Week Fee
9 2 $105.30
10 3 155.72
11 5 180.94
(b) Two cubic yard capacity:
13 2 146.26
14 3 215.59
15 5 259.72
Section 2. That if any word, section or portion of this
ordinance is held invalid by a court of competent jurisdiction,
such invalidity shall not effect the remaining words, sections
or portions of this ordinance.
Section 3. This Ordinance shall be in full force and
effect on and after October 1, 1991.
PASSED AND ADOPTED this day of 1991
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I . 15
p
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:30 p.m.
September 3, 1991
Next Resolution:
Next Ordinance:
Next Commission Meeting:
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission Consideration:
1. Approval of Minutes:
a. August 6, 1991
b. August 20, 1991
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance authorizing the execution and filing of declarations
of official intent with respect to reimbursements from note and
bond proceeds of temporary advances made for capital expenditures
and related matters; providing for severabilit,y; providing for
ordinances in conflict; and providing an effective date.
(Vice -Mayor Carver) 4/5
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with South Miami F.O.P. Lodge 136, Inc., for the operation
of a concession stand at South Miami Field. (Administration) 4/5
6. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the Sum of
$2,437.39 representing fees incurred for legal representation by
Gregory Borgognoni of Ruden, Barnett ET AL in conjunction with
litigation regarding the City's Comnrensive Plan.
(Administration) 4/5
7. A Resolution of the City of South Miami, Florida, appointing
Jane R. Linn as a member of the City of South Miami Recreation Board,
to serve i'n such capacity until September 1, 1993 or until a
successor is duly qualified and appointed. (Mayor) 3/5
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Administration to enter a
contract with Stroyne Bros. South, Inc., for the administration,
collection, and maintenance of the City's parking meters and
decal parking areas. (Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a transfer of the account balance of
Account No. 1100 -4040 "Commissioners Expenses - Launcelott" to
account #1720 -3610 "Refuse Disposal;" authorizing the expenditure
of the account 41100 -4040 balance for emergency repairs, garbage
collection, and /or other emergency health /safety measures for the
Marshall Williamson Apartments; charging the disbursement to
account #1720 -3610 "Refuse Disposal." (Comm. Launcelott) 3/5
10. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a waiver of bid procedures for the
City's Public Works Department purchase retroactively of pre -
demolition asbestos survey as set forth herein below upon an
emergency basis for the premises commonly known as Marshall
Williamson Apartments; authorizing the expenditures of $2,000.00
to Testwell Craig Laboratories of Florida Inc., for the survey;
charging the disbursement to account #2100 -5510 "General
Contingency Fund." (Administration) 4/5
OFFICIAL AGENDA
September 3, 1991
page 2 of 2
RESOLUTIONS FOR PUBLIC HEARINGS:
11. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the expenditure of a sum
not to exceed $30,000.00 from the City's Revolving Trust
Fund for the demolition of the premises commonly known as
Marshall Williamson Apartments; authorizing the expenditure
to Miguel Rodriguez for the demolition; charging the disbursement
to account #05- 1310 -3151 "Professional Services."
(Administration) 4/5
ORDINANCE - FIRST READING AND PUBLIC HEARING:
12. An Ordindndd of the Mayor and City Commission of the City
of South Miami, Florida, fixing the millage and levying the
taxes.in the City of South Miami, Florida, for the Calendar
year 1992. (Administration) 3/5
13. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida, adopting a Budget and pay'plan for the
1991/92 Fiscal Year. (Administration) 3/5
ORDINANCES
14. An Ordinance of the City of South Miami, Florida, amending
Section 20 -4.4 of the Land Development Code of the City of
South Miami, Florida and creating a new Section 20 -3.4 (B) (21);
both to provide for temporary off -site parking; providing for
severability; ordinances in conflict; and an effective date.
(Mayor) 4/5
15. An Ordinance of the Mayor and Commission of the City of South
Miami, Florida, amending Section 11 -9 of Chapter Eleven of
the City's Code of Ordinances regarding garbage collection fees
by increasing fees for City Commercial collection services;
providing a severability clause; providing an effective date.
(Administration) 3/5
REMARKS:
None.
Your 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 proceedings is made, which record included the testimony and
evidence upon which the appeal is based.
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -4.4 OF THE THE LAND DEVELOPMENT
CODE OF THE CITY OF SOUTH MIAMI, FLORIDA AND CREATING
A NEW SECTION 20 -3.4 (B).(21); BOTH TO PROVIDE FOR
TEMPORARY OFF -SITE PARKING; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofore
enacted a Land Development Code, which in Section 20 -4.4
Provides for off -site parking spaces, provided the spaces are
either on land held in common ownership 11or held under a lease
with a remaining term of twenty (20) years or more"; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for temporary off -site parking
spaces under a less restrictive lease term;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1, Section 20 -4,4 F (2) (c) of the Land
Development Code be, and the same is, hereby amended to add the
following final sentence:
The foregoing notwithstanding, off -site parking spaces
may be held under a lease with a remaining term of
less than twenty (20) years under the special
condition set forth in section 20 -3.4 (B) 21.
Section 2. Section 20 -3.4 (B) of the Land Development Code
be, and the same is, hereby amended to add the following new
sub - section 21:
(21) TEMPORARY OFF -SITE PARKING
Off -site parking held under a lease term of at least
conditions:
one year may be utilized under the following special
(a) The use must be for a minimum remaining lease
term of one year and must be initially
City Commission as being within the health, Safety,
the
public interest. y, and
(b) One utili2ing temporary off -site parking under
u- this section must schedule and appear before the
Commission one year from the date of the initial
approval of the use to obtain Commission approval for
condition of the use. The applicant must show it has
either a new lease or a remaining lease, in either
case for one the use year minimum and that the use
remains in the health and safety of the public.
Otherwise, approval is automatically null and void.
Section 3. If any section, clause, sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent lurisdiction, then said holding shall in no
way 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 th day of , 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I�
APPROVED:
MAYOR
2
y
August 13, 1991
HAND DELIVERED
14NEW 144W City Commission
THE NICHOLS THE CITY OF SOUTH MIAMI
PARTNERSHIP? 6130 Sunset Drive
ARCHITECTURE / PLANNING South Miami, Florida 33143
RE: JJ's AMERICAN BAR & GRILL
5859 S.W. 73rd Street
South Miami, FL 33143
Madam Mayor and Commissioners:
As you are aware, JJ's BAR & GRILL, LTD., an affiliate of JJ's AMERICAN
DINER in South Miami, has purchased the lease and is currently in the process
of renovating the old 'Bella Luna" restaurant located at 5859 S.W. 731-d Street in
South Miami. It is our intention to convert the old operation into a new
restaurant/lounge called "JJ's AMERICAN BAR & GRILL ". We currently have
building permits and are underway with the interior renovation of this building.
In order to give this building an entirely new image, as well as to improve the
entire front entrance to the building, we would like to convert the existing minor
parking area in front of the building into a landscaped courtyard with brick pavers,
additional landscaping, decorative past lights, and umbrella tables and chairs with
searing for approximately 40 persons. This "patio seating" is allowed by your Code
in this area, and it would greatly enhance not only the front of this building, but
also it would greatly enhance the sidewalks and pedestrian scale along the edges
of these streets. We have presented the site plan and the elevations to your
Environmental Review Board, which unanimously approved the plans and
commended this outstanding concept.
We have also worked with your Building and Zoning Department, including their
having this proposal reviewed by an outside zoning consultant, and all have
concluded that this proposal is acceptable, subject to our providing nineteen (19)
parking spaces within the 500' radius of our property allowed by your Code. We
have worked with the First National Bank of South Miami and they are willing to
lease to us on an annual basis, renewable annually, these nineteen (19) spaces in
their lot which is located in the adjacent block diagonally across the street from our
restaurant. We consider this front landscaped patio as having "temporary outdoor
searing ", which does not affect our ongoing interior restaurant/lounge operation.
2600 Douglas Rood, Suite 900 Because of its temporary nature, we respectfully request that we be allowed to put
Carat Gables, (3 Florida 5206 these umbrella tables and chairs on this patio and provide the one year lease for
Telephone (305) 443-5206 p p y
FAX(305)446.2872 the required parking, which would be renewed annually. We would simultaneously
�T
S
0
THE NICHOLS
PARTNERSHIP
ARCHITECTURE/ PLANNING
CITY OF SOUTH MIAMI
August 13, 1991
Page 2
request that this approval by the City be subject to the City's Annual Review and
Re- approval each year, which would be based on our providing the renewed parking
lease, as well as our track record of providing a quality operation that does not
create a nuisance to the City or its residents. In the event that the parking lease
was not renewed, or the approval was not renewed by the City Commission, then
we would agree to remove the umbrella tables and chairs from this area and simply
use it as an entrance courtyard.
I have enclosed a copy of the Site Plan showing this newly landscaped patio for
your review. Inasmuch as we are trying to open the new operation in
approximately three weeks, we respectfully request to have this item placed on the
Agenda for the next City Commission meeting, which will be held on August 27,
1991. We will be present to discuss this in further detail and provide answers to
any questions.
Thank you for your consideration.
Sincerely,
JJ's AMF
& GRILL, LTD.
Job ..Kichol's
Vice President
JJ's BAR & GRILL MANAGEMENT, INC.
JRN/lss
Enclosure: Site Plan
t Y
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 11 -9 OF CHAPTER
ELEVEN OF THE CITY'S CODE OF ORDINANCES REGARDING GARBAGE
COLLECTION FEESBY INCREASING FEES FOR CITY COMMERCIAL
COLLECTION SERVICES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami both maintains a Public Works
Department and oversees private collection services in regard to
refuse and garbage collection in the City; and
WHEREAS, the administration has recommended amendment to
Section 11 -9 of Chapter Eleven of the Code of Ordinances to provide
for proper fees being paid to the City for the services provided.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA.
Section 1. The Section 11 -9-of Chapter Eleven of the Code
of Ordinances is hereby amended as follows:
Sec. 11 -9 Refuse collection fee schedule.
(b) Commercial garbage and commercial trash
(1) The fees for the collection of refuse from
commercial establishments including apartments,
hotels and motels from approved domestic garbage
containers as described in the chapter shall be
as set forth herein for the number of containers
and frequency of collection.
Class No. Collections per Monthly Fee
Week
6 2 $14.18
7 5
8 6 36.50
Additional for each container above minimum
Class No. Monthly Fee
6 $22.58
7 22.58
8
(2) The fees for collection of refuse from commercial
establishments including apartments, hotels and
motels from approved City -owned and privately
owned and maintained bin -type containers shall be
as s-et forth herein for the capacity and frequency
of collection.
(a) One cubic yard capacity:
f
I ,
Class No. Collections Monthly
per Week Fee
9 2 $105.30
10 3 155.72
11 5 180.94
(b) Two cubic yard capacity:
13 2 146.26
14 3 215.59
15 5 259.72
Section 2. That if any word, section or portion of this
ordinance is held invalid by a court of competent jurisdiction,
such invalidity shall not effect the remaining words, sections
or portions of this ordinance.
Section 3. This Ordinance shall be in full force and
effect on and after October 1, 1991.
PASSED AND ADOPTED this day of 1991
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
15
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, FIXING THE MILLAGE AND LEVYING
THE TAXES IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE
CALENDAR YEAR 1992.
WHEREAS, pursuant to Section 200.065, Florida Statutes, tax
assessments for all real property within the jurisdiction of the
City of South Miami for the calendar year 1992 has been made by
the property appraiser for Dade County; and
WHEREAS, pursuant to the above -cited statutory provision,
the Mayor and City Commission is required to adopt a tentative
and thereafter a final millage rate for the taxing urisdiction
of the City of South Miami.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there shall be and hereby is levied upon
real property in the City of South Miami, Florida, a tax of 6.856
mills on the dollar for the calendar year 1992, for the operational
expenses of the government of the City for the fiscal year beginning
October 1, 1991, and ending September 30, 1992. This millage
rate exceeds the rolled back rate by 8.9 %, and this will result
in property taxes being increased by 7.6 %.
Section 2. This ordinance shall take effect on
October 1, 1992.
PASSED AND ADOPTED this day of 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
1 av*4
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET AND
PAY PLAN FOR THE 1991/92 FISCAL YEAR.
WHEREAS, the City Manager has submitted a proposed budget
together with a budget message and supporting schedules including
a pay plan; and
WHEREAS, pursuant to Chapter 200, Florida Statutes, the
Mayor and City Commission is required to adopt a tentative and
thereafter a final budget for the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Budget for the fiscal year 1991/92,
as submitted by the City Manager, including the pay plan, attached
hereto as Exhibit 1 in an amount of $7,513.602 be and the same
is hereby approved.
Section 2. This Ordinance shall take effect on October 1,
1991.
PASSED AND ADOPTED this day of 1991.
APPROVED:
Cathy McCann
Mayor
ATTEST:
CITY CLERK
Read and approved as to form:
13
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A TRANSFER OF
THE ACCOUNT BALANCE OF ACCOUNT NO. 1100 -4040
"COMMISSIONERS EXPENSES - LAUNCELOTT" TO ACCOUNT N0.
1720 -3610 "REFUSE DISPOSAL "; AUTHORIZING THE
EXPENDITURE OF THE ACCOUNT 1100 -4040 BALANCE FOR
EMERGENCY REPAIRS, GARBAGE COLLECTION, AND /OR OTHER
EMERGENCY HEALTH /SAFETY MEASURES FOR THE MARSHALL
WILLIAMSON APARTMENTS; CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 1720 -3610 "REFUSE DISPOSAL ".
WHEREAS, the City of South Miami has previously authorized
the condemnation of the premises commonly known Marshall
Williamson Apartments; and
WHEREAS, pursuant to that decision, there have arisen
various health /safety concerns of an emergency nature, including
garbage collection and emergency repairs; and
WHEREAS, Commissioner Launcelott has offered the balance of
her budgeted commission expense account of approximately
$ 560.00 toward the emergency resolution of these problems;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Finance Director be, and hereby is,
authorized to transfer of the account balance of account no.
1100 -4040 "Commissioners Expenses - Launcelott" to account no.
1720 -3610 "Refuse Disposal".
Section 2. That the City Manager be and hereby is
authorized to expend the account 1100 -4040 balance of
approximately $ 560.00 for emergency repairs, garbage
collection, and /or other emergency health /safety measures for the
Marshall Williamson Apartments.
S ction 3. That the disbursement be charged to account no.
1720 -3610 "Refuse Disposal''.
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
2
• a RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
SID PROCEDURES FOR THE CITY'S PUBLIC WORKS DEPARTMENT
PURCHASE RETROACTIVELY OF PRE - DEMOLITION ASBESTOS
SURVEY'AS SET FORTH HEREIN BELOW UPON AN EMERGENCY
BASIS FOR THE PREMISES COMMONLY KNOWN AS MARSHALL,
WILLIAMSON APARTMENTS; AUTHORIZING THE EXPENDITURE OF
S 2,000.00 TO TESTWELL CRAIG LABORATORIES OF FLORIDA
INC. FOR THE SURVEY; CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 2100- 5510 "GENERAL CONTINGENCY FUND ".
WHEREAS, the City of South Miami has previously authorized
the condemnation of the premises commonly known Marshall
Williamson Apartments; and
WHEREAS, pursuant to that decision, the City Administration
was required to obtain a pre - demolition asbestos survey, pursuant
to Federal, State, and County statues /ordinances regarding
asbestos in and removal from buildings; and
WHEREAS, the emergency nature and public health
considerations required the immediate implementation of these
services;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a retroactive purchase order is hereby
awarded to Testwell Craig Laboratories of Florida Inc. in an
amount not to exceed S 21000.00 for emergency pre - demolition
asbestos survey to Marshall Williamson Apartments.
Section 2. That the disbursement be charged to account no.
2100 -5510 "General Contingency Fund ".
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
10
EcIL
TESTWELL CRAIG PHONE: (305) 693.0561
LABDRATOMES OF FLORIDA, INC. 1104 N.W. 51t18TREET, MIAMI, FLORIDA 33166
August 28, 1991
Ms. Sonia Lama
THE CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Re: Pre - Demolition Asbestos Survey
Dear Ms. Lama:
Testwp.13 Craig Laboratories of Florida, Inc. (TCL) is pleased to
present the following quotation for a Pre - Demolition Asbestos
Survey for 44 apartment units located at 6576, 6578, and 6580 s.w.
60th Avenue, South Miami, Florida. This two story building is
estimated to be between 12,000 to 22,000 square feet.
PRE - DEMOLITION ASBESTOS SURVEY
TCL will provide the services of a Qualified Asbestos Technician
to collect bulk oamples of suspected Asbestos Containing Material$
which are currently friable, or have the reasonable potential of
becoming friable during demolition. Here we define friable as
easily crumbled or reduced to powder under hand pressure.
We will also estimate quantities of asbestos, if apparent, in the
collected bulk samples. The following quotation assumes ready
access, at the time of bulk sample collection, to all areas of the
structures to be surveyed. We estimate this survey will require
one day of unhampered access to apartments and approximately fifty
(50) samples.
Qualified Asbestos Technician .................$ 35.00 Per Hour
Bulk Sample Rate ..............................$ 25.00 Per Sample
Asbestos Consultant to Review, Sign, and
Seal Final Reports ............................$ 95.00 Per Hour
Senior Technician to schedule and review
preliminary reports.... ...... 55.00 Per Hour
ESTIMATED TOTAL AMOUNT .. ......................$1,840.00
A minimum of $350.00 per report will be billed if aforementioned
totals less then our minimum charge of $350.00.
DIVISIONS IN: LONG ISLAND CITY, NEW YORK. MAYS LANDING, NEW JERSEY
FAIRFIELD, NEW JERSEY • DANBURY, CONNECTICUT • OSSINING, NEW YORK - ALBANY, NEW YORK
Ll
TESTWELL CRAIG LABORATORIES OF FLORIDA, INC.
FINANCIAL NOTES
Overtime rates apply before 8AM and after 5PM, Monday through
Friday, and all day Saturday, Monday through Saturday hourly
overtime rates are one and one -half times (1.5) the stated hourly
rate. Sunday and Holiday rates are two (2) times the stated rate.
You will be provided with two copies of the Asbestos Survey. If
you should require more than two copies of the Asbestos Survey
there will be an additional charge of $0.40 per page, This
nominal charge helps cover our costs of copying and postage.
This quotation will be valid for a period of thirty (30) days from
the above date. TCL's terms are net thirty (30) days from the
date of invoice. A charge of 1.5% per month (18% per annum) will
be charged on all past due invoices.
We appreciate this opportunity to be of service to you, should
this quotation meet with your approval please sign where indicated
below and return the executed copy to our office.
sin er_ely,
Cheryl A. Wenemer,
Marketing Manager
Testwell Craig Laboratories of Florida, Inc.
ACCEPTED BY:
TITLE:
DATE:
CAWjvn
File: P910828A.ASB
10
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE
EXPENDITURE OF A SUM NOT TO EXCEED $ 30,000.00 FROM
THE CITY'S REVOLVING TRUST FUND FOR THE DEMOLITION OF
THE PREMISES COMMONLY KNOWN AS MARSHALL WILLIAMSON
APARTMENTS; AUTHORIZING THE EXPENDITURE TO MIGUEL
RODRIOUEZ FOR THE DEMOLITION; CHARGING THE DISBURSEMENT
TO ACCOUNT NO. 05- 1310 -3151 "PROFESSIONAL SERVICES ".
WHEREAS, the City of South Miami has previously authorized
the condemnation of the premises commonly known Marshall
Williamson Apartments; and
WHEREAS, pursuant to that decision, the City Administration
has obtained a cost estimate from Miguel Rodriguez Demolition
for these demotion services of approximately S 30,000.00; and
WHEREAS, the City Administration suggests the expenditure be
charged to the City's Revolving Trust Fund, with the
understanding that any fines or fees received from or in
connection with the Marshall Williamson Apartments will be
returned to the Revolving Trust Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager be, and hereby, is
authorized to expend a sum not exceed $ 30,000.00 from the City's
Revolving Trust Fund to Miguel Rodriguez Demolition for the
demolition of the premises commonly known as Marshall Williamson
Apartments, with the understanding that any fines or fees
received from or in connection with the Marshall Williamson
Apartments will be returned to the Revolving Trust Fund.
Section 2. That the disbursement be charged to account no.
05 -1310 -3151 "General Contingency Fund ".
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I t
PROPOSAL
FROM: MIGUEL RODRIGUEZ DEMOLITION CC #0017715 PROPOSAL 1019
15300 TURNBULL DR. DATE- 08- 2 - -01
MIAMI LAKES. FL 33014
PH. (305) 558 -6943
FAX #: 558 -6113 VENDER REGISTRATION # 592322776
PanPOcAI SUBMITTED TO WORK TO BE PERFORMED AT
NAME: CITY OF SOUTH FLORIDA
STREET: 6130 SUNSET DR.
CITY: MIAMI STATE: FL
ZIP: 23143 SUITE:
PHONE #:(305) 663 -6338
FAX 4:(305)
;ATTENTION:
STREET: 6580 SW 60 AVE.
6576 -78 SW 60 AVE.
CITY: MIAMI STATE: FL
We hereby propose to furnish all the materials and perform all
the labor necessary for the completion of:
DEMOLITION OF BUILDING AND HAUL AWAY AT 6580 SW 60 AVE.
THE PRICE FOR THIS WILL BE $11.500.00
DEMOLITION OF BUILDING AND HAUL AWAY AT 6576 -78 SW 60 AVE.
THE PRICE FOR THIS WILL BE $13,800.00
DEMOLITION PERMITS WILL BE INCLUDED.
THE SURVEY OR REMOVAL OF ASBESTOS IS NOT INCLUDED IN THIS
OPOPOSAL.
A!! material is guara
work to be performed in
specification submitted
substantlal worKmanlike
steed to be as spec:fiea. and the above
accordings with the crawings and
for above work and comp_!eted in a
manner for the sum of:
Dollars ($ 25.300.00).
with payments to be made as follows:
THE ENTIRE PAYMENT IS DUE UPON THE COMPLETION OF THE .JOB.
"n' = .l7erat! .r, c_� _ . ! a.! -n _..m s.c�o..
extra costs. will be executea oniv upon written crcers. ana
oecome an extra charge ever ana aoove the estimate. Ali
agreements contingent upon strikes, acc:eents or aeiays ceyona
our control. Owner to carry fire. tornaao ana other necessary
insurance upon aoove work. Workmen's Compensation and Pur)l!c
L!ar)!i!ty insurance on above work to be taken out cv:Miauel
�aar.cue�
Respectfully submir,tec Miguel Rodriguez
Per Miguel Roeriguez Demolition
.�
Hlote- T h ! s prcposa i 'Z1'.' �32��T'�h awn ^.`1�LlS u not -CCeot eS
i J
�0 aaVS.
ACCEPTANCE OF PROPOSAL
:he prices. specifications ana sonc:r.!ons on ::rst page are
sat!sfactory and are hereby acceptea. `i'ou are author!zea to cc
thhe work. as specifiec. Payment will be mace -as outl:nea aoove.
7CCEPTED SIGNATURE
DATE SIGNATURE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA; AUTHORIZING THE EXECUTION
AND FILING OF DECLARATIONS OF OFFICIAL INTENT WITH
RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS
OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES
AND RELATED MATTERS; PROVIDING FOR SEVERABILITY; PROV-
IDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Internal Revenue Service (IRS) has proposed
regulations pertainina to whether proceeds of bonds, notes or
other obliaations hereinafter such obligations will be deemed
"spent" for purposes of Sections 103 and 141 to 150 of the
Internal Revenue Code of 1986 ( "the Code ") when used to reimburse
advances made for expenditures paid before the issuance of such
obligations, so that the proceeds so used will not further be
sublect to requirements or restrictions under those sections of
the Code; and
WHEREAS, certain provisions of the proposed regulations
would apply to expenditures currently beina paid or to be paid
before September 8 if thev are to be reimbursed from the proceeds
of bonds issued after September 7, 1991, and all of the
provisions will apply to expenditures paid after September 7,
1991 which are to be reimbursed from governmental use bonds or
qualified 501 (c) (3) bonds issued after the expenditure is
paid • and
WHEREAS, although the provisions of the proposed regulations
may be altered in some respects before they become final, it is
deemed advisable that steps be taken to prepare to comply with
the proposed r.eaulations in the event that thev are ultimatelv
adopted by IRS:
NOW. 'THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Definitions. In addition to the definitions
stated in the preamble; the following definitions aonly to the
terms used herein:
"Authorized Officer" means the Finance Director of the Citv
and anv person with authority at the time to exercise functions
of that office, or the city Manager and anv person with
authority at the time to exercise functions of that office, or
the chief financial officer of any City department of aaencv with
,authority to make or authorize the expenditure to be advanced.
"Bonds" means and includes bonds, notes, certificates and
other obligations included in the meaning of "bond,." under
Section 150 of the Cede.
"Declaration of Official Intent" means the declaration of
official intent. as contemplated in 1hF Reimbursement
regulations, that .are expenditure is expected to be reimbursed
from the proceeds of Reimbursement Bonds to be issued after the
expenditure is paid.
"Public Records" means the record= kept by the Clergy: :)f the
Commission, which are required to be available for reasonable
public insoectinn.
" Reimbursement" means the restoration to the issuer or
conduit borrower of money temoorarily advanced from its other
funds and spent. before the issuance of the Reimbursement
obligations, on property having a reasonably expected economic
'Life of one vear or more. "Reimbursement" does riot include the
refunding or retiring of obligations previously issued and sold
to. or borrowing from, unrelated entities (entities not in the
same "controlled arouo ", as defined in the Reimbursement
Regulations).
"Reimbursement Obligations" means any issue of bonds all or
part of the proceeds of which are to be used for reimbursement of
an expenditure paid before issuance of the obligations.
"Reimbursement Regulations" means Treasury Regulations,
whether in proposed. temporary or final form, as at the time and
-as may be applicable. prescribing conditions under which the
proceeds of obligations when allocated or aoolied to a
reimbursement will be treated as "spent" for purposes of Sections
103 and 141 to 150 of the Code, includina the Proposed Treasury
Reculatiens (Sections 1.103•-17 and 1.103 -18 (FI- 59 -89).
Section 2. Authorization of Declarations .-,f Intent.
The Authorized Officer is authorized to prepare. sign and file in
t;,e Public Records, Declarations of Official intent at the
aDDroDriate times .and in appropriate form, consistent with the
Reimbursement P,egulations, with respect to expenditures to be
made from money temoorarily available and which is to be
reimbursed (in accordance with applicable authorizations,
policies and oraetices) from the proceeds of Reimbursement
Obligations, to make appropriate reimbursement allocations, and
to take anv other actions as may be appropriate under. the
Reimbursement Reaulations to aualifv proceeds used for
reimbursement as ".spent" for pu -poses of Sections 103 and
Sections 141 to 150 of the Code.
Section 3. Filing and Public Inspection. Each Declaration
of Official Intent shall be filed in the Public Records not later
than the earlier of (i) ten days after the date of the
Declaration of Official intent or (ii) the date of issuance of
the Reimbursement 3onds pertinent to such Declaration of Official
intent, and shall be available for public inspection continuously
during normal business hours on every business day to and
includina the date of issuance of the Reimbursement Obligations.
Section 4. Conduit Issues. With regard to Reimbursement
Obligations anv portion of the proceeds of which are to be
loaned to a borrower for its purposes (conduit borrower), any
Declaration of Official Intent by the conduit borrower with
respect to reimbursement of prior expenditures may be filed, at
the option of the conduit borrower, with the Public Records for
inspection by the general public as provided in Section 3.
Section 5. Severabilitv. If any section, clause,
-entence, or phrase of this Ordinance is held to be invalid or
1
unconstitutional by any court of competent jurisdiction, then
said holdincT shall in no way .affect the validitv of the remaining
portions of this ordinance.
Section n. Conflict. All Ordinances or carts of
ordinances in conflict herewith be and `he same are herebv
reoealed.
Section %. Effective Pate. This Ordinance shall take
-= ff.ect immediatelv at the time of its Dassace.
PASSED AND ADOPTED this th day of
ATTEST n,
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
4
. 1991.
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA AUTHORIZING THE CITY
ADMINISTRATION TO ENTER A CONTRACT WITH SOUTH MIAMI
F.O.P. LODGE 136. INC. FOR THE OPERATION OF A
CONCESSION STAND AT SOUTH MIAMI FIELD
WHEREAS. the City of South Miami Department of Recreation
operates a football program for the youth of the City at South
Miami Field during the months of September, October, and
November:
WHEREAS, there presently exists a concession stand at South
Miami Field equipped for the sale of soft drinks and snacks:
WHEREAS. the City does not have the manpower to operate the
concession stand and an ooeratina concession stand would be a
desirable adiunct to the Recreation Department's football
oroaram• and
WHEREAS, SOUTH MIAMI F.O.P. LODGE 136, INC. has offered to
run the concession stand upon a responsible basis, including
oavment of 25% of its net profits;
NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the Citv of South Miami
be. and hereby is, authorized to enter into a contract with
SOUTH MIAMI F.O.P. LODGE 136, INC. for the ooeration of a
concession stand at South Miami Field for the months of
September, October, and November, 1991 uoon a responsible basis
including payment of payment of 25% of its net profits.
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND SOUTH MIAMI FOP LODGE 136
INC. LEASING CONCESSION STAND IN THE
CITY'S SOUTH MIAMI FIELD
THIS AGREEMENT, entered into this day of August, 1991
between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
hereinafter referred to as the "City" and SOUTH MIAMI FOP LODGE
INC. 136, hereinafter referred to as "Lodge 136 ";
W I T N E S S E T H:
WHEREAS, the City is the fee simple owner of the South Miami
Fields, at 6200 S. W. 67th Avenue, South Miami, Florida;
WHEREAS, a portion of the aforesaid property is equipped for the
sale of soft drinks and snacks as a concession stand, hereinafter
referred to as the "premises ";
WHEREAS, Lodge 136 desires to lease the premises from the City to
operate a Conrassion Stand; and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of August , 1991 authorized the lease
of the premises on the terms and conditions as set forth below as
being in the best Interests of the public and serving a valid
V uhlic purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as follows:
1. The City will lease to Lodge 136 the premises for the following
period: daily during those hours there is a City Recreation
Department event from Sunday, September 1, 1991 through Saturday,
November 30, 1991. Lodge 1.36 may sell whatever soft drinks and /or
snacks thev desire, except no tobacco or alcohol may be sold.
Further, the City reserves the right to restrict the sale of other
items.
2. Lodge 136 shall pay the City 25% of its net profits (i.e. gross
receipts less cost of goods) profits on its last business day of
each month of its term 0 f this Agreement. Lodge 136 further
Sr
agrees, that uoon reasorzable advance notice, i4. will make its
accounting records available to the City for audit and /or.
verification.
3. The premises have been equipped with certain turnishings and
fixtures as per the attached Exhibit "A ". City hereby grants
permission to Lodrie 136 to properly use the equipment set forth in
the attached Exhibit "A"; however, this equipment must be used
only at the premises and shall be returned to the City upon the
termination or expiration of this Agreement. The equipment shall
be returned in the same condition as when received except for
normal wear and tear. Excluding such normal wear and tear, Lodge
136 shall replace all damaged equipment, furnishings, and
furniture belonging to the City with like quantity and such
replacement shall then become the property of the City.
4. The premises are a part of a larger facility, which is publicly
owned and operated, and therefore, the manner in which the
premises are operated will reflect upon the City. Therefore,
Lodge 136 members who have contact with the public must perform
their deities in an effir.ient and courteous manner. Failure of a
member to do so shall be grounds for the City to demand his ur her
removal from duties in the facilities and failure of Lodge 136 to
honor any such request shall be grounds to terminate this
agreement.
5. I,odae 136 will at all times have qualified personnel foz the
preparation and handling of food behind the counter /kitchen, and
shall control the conduct, demeanor, and appearance of his
employees, customers and patrons. Upon objection of the City
concernino such conduct, demeanor, or appearance of any such
person, Lodge 136 shall immediately take all necessary steps to
correct the cause of such objection.
6. Lodge 136 agrees that the rights contained in this Agreement
may in no wav he utilized h_v Lodge 136 to interfere with the City's
recreational programs. Therefore, any proposed program or activity
s
must be first coordinated with, and given prior approval '_Dy, the
City's Recreation Director.
I. All property or items placed oz moved on the premises shall be
at the sole risk of Lodge 136 and the City shall not be liable for
anv loss or damage to such property or items.
8. Lodge 136 shall promptly execute and comply, at Lodge 13E15
cost and expense, with all statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and City
Government and of any and all their. Department-,; and Bureaus
applir.ahle to said premises for any purpose, including but not
limited to, health regulations; the corzertJon, pzevention and
abatement of nuisances or other grievances; and Lire pzevention
regarding said premises during the term of this Agreement.
9. In the event the premises shall be destroyed or zo damaged or
inlured by fire or other casuali -y during the life of this
Agreement, whereby the same shall be rendezed untenatitable, this
Agreement shall be texminated.
10. The faithful observance of all conditions of this Agreement
and of such other and further rules, or regulations as may be
hereafter made by the City are the conditions upon which the
Agreement is made and accepted. Any failure on the part- of Lodge
136 to comply with the termo of said Agzeement or any of said
rules and regulations now in existence, or which may be hereafter
prescribed by the City, shall, at the option of the City, work a
forfeiture and shall terminate this Agreement.
11. Lodge 136 shall not pledge this Agreement nor attempt to
sublet all or any portion of the premises.
12. Lodge 236 agrees. to indemnify, defend, and hold harmless the
City from all claims, suits, actions, damages or causes of action
arising during the term of this Agreement, including reasonable
attorney's fees and costs for any personal injury, including, but
not limited to loss of life, or damage t. r) personal property
J
Sustained on the premises by Lodge 136 or by any third party.
Lodge 136 shall maintain general liability insurance on the
premises in amounts of not less than Five Hundred Thousand Dollars
(5500,0001 per occurrence, with the City named as an additional
*insured.
13. It is herehv understood and agreed that any Sign or
advertising is proposed to be used in connection with t)ie premises
by Lodge 136, it shall be _ °irst submitted to the City for its
written approval before use of same shall be permitted.
14. All payments and notices are to be made to the City at:
Citv of South Miami
Attention: Finance Department
6130 Sunset Drivm
South Miami, Florida 33143
and to Lodge 136 at:
FOP LODGE 136 INC.
P.O. Box 43- -0621
South Miami, Florida 33243 -0621
15. This Agreement may not be modified, except in writing signed
by both parties.
IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement for the purposes expressed herein this __ day of
August _ —_, 1991,
Witnesses as to Lodge 136: FOP LODGE 136 INC.
Witnesses as to City:
S"'o
0
DAVID DWECK, President
CITY OF SOUTH MIAMI
by -- - —
City Manager
Attest:
City Clark
(CITY
SEAL)
SOUTH MIAMI FIELD
CONCESSION STAND
SOUTH MIAMI, FLORIDA
FOOD SERVICE EQUIPMENT SCHEDULE
ITEM
OUANTITY
EQUIPMENT DESCRIPTION
COMMENTS
1
1
16 cu. £t. Sears Coldspot
refrigerator with freezer
2
1
Whirlpool stainless steel
four Uurner electric counte:-
tup stove unit
3
1
Rheem ten gallon electric
hot water heater
4
2.
Stainless Steel double
sink with faucet
5
1
Sears Coldspot 20 cu. ft.
Khoury League
frostless freezer
is Owner
6
1
Star stainless steel two
Khoury League
is Owner
Compartment Steamer
7
1
Pepsi Machine with five
Pepsi Cola
valves and gas tank
Co. is Owner
g
1
Wooden table with double
shelves 30" x 6'
9
1
Goldstar microwave oven
Khoury League
Model # ER 4020
is Owner
3n
1
Excellence 4.5 cu. ft.
Frozfruit
freezer
is Owner.
11
1
Snokonetto Ice Shaver
ir
5
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 52,437.39 REPRESENTING
FEES INCIJRRED FOR LEGAL REPRESENTATION BY GREGORY
BORGOGNONI OF RUDEN. BARNETT ET AL IN CONJUNCTION M'iTH
LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN
WHEREAS, by Resolution number 75 -90 -9102 the Citv Commission
authorized the employment of Gregory Borgognoni of Ruden, Barnett
et al in conjunction with litigation regarding the Citv's
"omorehensive Plan; and
WHEREAS.. the Citv has now received invoices for ieaal
services rendered pursuant to the aforesaid Resolution for the
Deriod ending June 30, 1991 for a total of 52,437.39;
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 52,437.39 to Gregory Borgoanoni of Ruden,
Barnett e= al for legal services rendered in conjunction with
litigation regarding the City's Comprehensive Plan.
Section 2. The disbursement be charged to account number
2100 -5510: "Reserve for Prior Years Encumbrances ".
PASSED AND ADOPTED this th day of August, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Client No. CI18371
FEDERAL IN 59- 1307357
RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 76441660
CITY OF SOUTH MIAMI, FLORIDA
City Hall August 10, 1991
6130 Sunset Drive ``
� Invoice No. 184802
Miami, Florida 33143
FOR LEGAL o;hCES RENDERED IN CONNECTION WITH
File No. 2
Land Use Comprehensive Plan litigation
07/01/91 G. Borgognoni 2.8 490.00 Review Fletcher's Motion for Rehearing;
prepare and serve response.
07/02/91 K. Klein .4 54.00 Review response to Motion for Rehearing.
07/11/91 K. Klein .3 40.50 Conference with Greg Borgognoni.
DISBURSEMENTS
Photocopies
TOTAL HOURS 3.5
TOTAL FOR SERVICES $584.50
4.00
DISBURSEMENTS TOTAL $4.00
TOTAL
$588.50
INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY
INVOICE THEN UNPAID FOR MORE THAN ONE (1) MONTH SHALL BE SUBJECTTD A LATE CHARGE OF ONE AND ONE-HALF PERCENT (1144) PER MONTH.
Client No. CI18371
RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER, & RUSSELL, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(305) 764.66W
CITY OF SOUTH MIAMI, FLORIDA
City Hall
6130 Sunset Drive
Miami, Florida 33143
File No. 4
adv. Elias
07/02/91 K. Klein
.5
07/05/91 G. Borgognoni 10.2
07/05/91 K. Klein 4.0
07/12/91 K. Klein .1
07/24/91 B. Juza .1
07/25/91 K. Klein .2
A?
FEDERAL IN 59.1307357
August 10, 1991
Invoice No. 184803
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
67.50 Conference with Greg Borgognoni;
telephone conference with
John Fletcher, Esquire; prepare letter
to William Hampton.
1,785.00 Prepare and revise Answer Brief.
540.00 Proofreading and revision of answer
brief; telephone conference with legal
couriers; shepardize citations; bind
briefs; conference with
Greg Borgognoni.
13.50 Telephone conference with office of
Robert Swarthout regarding exhibits.
8.50 Conference with Ken Klein.
27.00 Conference with Greg Borgognoni.
TOTAL HOURS 15.1
TOTAL FOR SERVICES $2,441.50
DISBURSEMENTS
Long Distance Telephone Calls 2.24
Photocopies 70.00
Secretarial Overtime Charge 25.00
WESTLAW Computerized Legal Research 52.38
DISBURSEMENTS TOTAL $149.62
TOTAL $2,591.12
INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY
INVOICE THEN UNPAID FOR MORE THAW ONE (1) MONTH SHALL BE SUBJECT TO A LATE CHARGE OF ONE AND ONE -HALF PERCENT (1112%) PER MONTH.
a s
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA
APPOINTING JANE R. LINN AS A MEMBER OF THE CITY
OF SOUTH MIAMI RECREATION BOARD TO SERVE IN SUCH
CAPACITY UNTIL SEPTEMBER 1, 1993 OR UNTIL A
SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance No. 9 -82 -1132, the City of
South Miami created a Recreation Board; and
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities; and
WHEREAS, there is currently a vacancy on the City of
South Miami, Florida, Recreation Board. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. that Jane R. Linn be and is hereby appointed
to the City of South Miami Recreation Board to serve as such
capacity until September 1, 1993, or until a successor is duly
qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
RESUME
NAME : Tan-
ADDREsS:. D 5 CL) �JS�h , r,1a.
TELEPHONE: HOME
OFFICE-
MARITAL STATUS: Silt,
EDUCATION: 8.A Mary gCLICiLkicrL CG�Ieq�
Waking on rvlQSt �dkcc� tar, Ic(u
YEARS RESIDING IN SOUTH MIAMI: J
ORGANIZATIONS YOU BELONG T0: '-.'(--5
JOB DESCRIPTION: 23Cher
DATE 'I ( `7 I
1
BELOW ARE LISTED SOUTH MIAMI ADVISORY BOARDS AND THEIR DESCRIPTION:
Recreation Board: Study and determine wants and needs of the people
of South Miami pertaining to leisure time activities.
Commercial Development
Beard: Promote interest and stimulate new business into
South Miami and improve existing conditions for
business already in the City.
Planning Board: Consider Comprehensive Master Plan as a guide to the
implementation of zoning in the City. Investigate
zoning related matters and make recommendations to
the City Commission for any existing zoning matters
or requests for future development. Board meets
7:30 P.M. on 2nd and last Tuesday of each month.
Environmental Review
Board: Encourage excellence in the quality of architectural
and environmental design. Board meets at 9:00 A.M.
on 1st and 3rd Tuesday of each month.
Personnel Board: Review Personnel regulations; review grievances
if any from employees of the City. Board meets
when an appeal is scheduled to be heard.
Code Enforcement Board: Board enforces occupational licenses, building, zoninc
sign and other related Codes and Ordinances of the
City. Board meets 8:30 A.M. on the 2nd thursday of
each month.
Safe Neighborhood Board: Study crime prevention by architectural design and
redevelopment and other concerns of residents. Board
meets 6:00 P.M. on the one Monday each month.
South Miami Action
Committee: Board address items of community concerns such as
housing, economic development and delivery of necessa,
human and social services. Board usually meets 1
thursday a month at 6:30 P.M.
-Please-vxrite in your
:pre erent�es-for Boards: 1.��rLp1il.,'03, °-
_
' RESOLUTION N0,
A RESOLUTION OF
CITY OF SOUTH
ADMINISTRATION T
SOUTH, INC. FOR
MAINTENANCE OF
PARKING AREAS
THE MAYOR AND CITY COMMISSION OF THE
MIAMI, FLORIDA AUTHORIZING THE CITY
D ENTER h CONTRACT WITH STROYNE BROS.
THE ADMINISTRATION, COLLECTION, AND
THE CITY'S PARKING METERS AND DECAL
WHEREAS, pursuant to a Contract executed on or about
November 20, 1990, Stroyne Bros. South, Inc. has heretofore
provided a comprehensive program for the administration,
collection, and maintenance of the parking meters and decal,
parking areas of the City of South Miami;
WHEREAS, that Contract provided in paragraph 14 that
This Agreement is for an initial term of one year from
October 1, 1990. Thereafter, the City shall have the right
to renegotiate a Contract for comprehensive administration,
maintenance and collection program for all parking meters
and decal areas.
and
WHEREAS, the City Manager has now renegotiated such a
Contract, a copy of which is attached hereto as Exhibit "A" and
requested authority to execute same,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the City of South Miami
be, and hereby is, authorized to execute the attached Contract
with Stroyne Bros. South, Inc. for the administration,
collection, and maintenance of the City's parking meters and
decal parking areas.
PASSED AND ADOPTED this th day of September, 1990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
a 1
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND
STROYNE BROTHERS SOUTH INC. FOR THE
ADMINISTRATION, COLLECTION, AND MAINTENANCE
OF THE CITY'S PARKING METERS AND DECAL
PARKING AREAS
THIS AGREEMENT, entered into this day of September 1991 by
and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation, hereinafter referred to as the "City" and STROYNE
BROS. SOUTH INC., a Florida corporation, hereinafter referred to
as "Stroyne ";
W I T N E S S E T H:
WHEREAS, the City is desirous of employing Stroyne to provide a
comprehensive program for the administration, collection, and
maintainence of the City's parking meters and decal parking
areas;
WHEREAS, Stroyne represents that it is competent, experienced,
and able to provide this program; and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of September 3, 1991 authorized the
execution of this Agreement on the terms and conditions as set
forth below as being in the best interests of the public and
serving a valid public purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as
follows:
1. Stroyne agrees, effective October 1, 1991, to provide a
comprehensive program for the administration, maintenance, and
collection for all parking meters and decal parking areas within
the City of South Miami.
2. Commencing with City fiscal year October 1, 1991, through
September 30, 1992, Stroyne guarantees to pay the City the Amount
of $150,000.00 ($250.00 annually per meter) from parking
meter revenues for the 600 meters currently owned by the City of
South Miami, Florida. This sum shall be paid by Stroyne to the
City of South Miami in monthly installments of $12,500.00 due &
payable no later than the 15th of each month commencing effective
October 15, 1991. A fee of 1% per month will be charged on all
funds not paid on the date due.
3. Stroyne may purchase and install additional parking meters
with the prior written approval of the City Manager. Any new
meters become the property of the City of South Miami at the end
of this Agreement.
4. Commencing with City fiscal year October 1, 1991, through
September 30, 1992, Stroyne guarantees to generate a minimum of
$9,000.00 of revenues from decal parking areas, which decals
are to be purchased directly from the City of South Miami. In
the event that revenues from decals do not generate $9,000.00,
Stroyne will pay the shortfall differential between the actual
revenues and the $9,000.00 by October 15, 1992. A fee of 1% per
month will be charged on all amounts unpaid by Stroyne after
November 1, 1992.
5. All fines from Parking Citations (violations) shall be
paid directly to Metro Dade County Parking Violation System.
However, in the event that revenues from parking fines do not
generate $310,000.00, Stroyne will pay the shortfall differential
between the actual revenues and the $310,000.00. Payments of any
shortfall (the difference between fines collected and $77,500)
shall be paid on the 15th day after the end of each quarter —
December 31, March 31, June 30, and September 30 based on 25 %,
50 %, 75 %, and 100% of the guaranteed amount. A fee of 1% per
40
month will be charged on all amounts unpaid by Stroyne after the
15th day after the end of the quarter.
6. Stroyne agrees to reimburse the City for the salary,
benefits, and insurance and the operating costs for one full -time
employee, for an annual sum not to exceed $30,075.50 for the
1991 -92 fiscal year. Said employee will be for enforcement
duties only, and will be supervised by the Chief of Police and
Stroyne. Overtime will be charged at the rate of $16.2947 per
hour for all approved hours worked over 40 hours in any one
regular work week. 1/12 of the annual sum is due by the 15th of
each month commencing effective October 15, 1991. A fee of 1%
per month will be charged on all amounts unpaid by Stroyne on the
date due.
7. All revenues generated as a result of fines and forfeitures
shall belong to the City of South Miami. Stroyne shall not
receive any remuneration, cash revenues, credit or any form of
compensation from parking violations, nor shall any quotas or
goals be fixed, placed, or planned.
8. Stroyne agrees to provide a certificate of
administration of the parking meter program n
South Miami as a named payee covering public
claims arising from, or resulting from, said
parking meter program for an amount not less
Thousand Dollars ($100,000.00) per person
Thousand Dollars ($200,000.00) per incident.
insurance for the
aming the City of
liability and all
operation of the
than One Hundred
and Two Hundred
9. In addition to the provisions of paragraph 8 above, Stroyne
agrees to indemnify and hold the City harmless from all claims,
suits, actions, damages, or causes of action arising during the
term of this Agreement, including reasonable attorney's fees, for
EF,j
44
� � r
any personal injury, loss of life, or damage to person or
property sustained by reason of, or as a result of, the act or
negligence of Stroyne, its agents or employees.
10. Stroyne warrants that all parking meters or other materials
supplied shall be of good quality, free from faults and defects,
fit for purposes intended and shall be warranted as to service
parts for a period of one year from installation. Stroyne
further represents that missing meters will be replaced in a
timely manner.
11. This is a personal service agreement whereby the City has
expressly retained Stroyne. This agreement is not assignable or
transferable in whole or in part without the prior expressed
written consent of the City.
12. Stroyne agrees to comply with all State and Federal
regulations including specifically, lawful employment practices,
and shall not (1) discharge or fail to refuse to hire any
individual, or otherwise discriminate, against any individual
with respect to compensation, terms, conditions, or privileges of
employment because of such individual's race, color, religion,
sex, national origin, age, handicap or marital status; and /or (2)
limit, segregate or classify employees or applicants for
employment opportunities, or adversely affect any individual's
status as an employee, because of such individual's race, color,
religion, sex, national origin, age handicap, or marital status.
13. Stroyne agrees to allow for 100% auditing of all meter
revenues by the City during the life of the contract.
Additionally, a schedule of revenue collections, shall be
submitted to the Financial Director no later than the 1st of each
��7
,• r
month commencing effective October 1, 1991. One City employee
shall be present during the collection process, bagging, and bank
delivery. A copy of each deposit slip shall be submitted to the
Finance Director by the Stroyne.
14. This Agreement is for an initial term of four years from
October 1, 1991. Annually, the City shall have the right to
renegotiate the contract for meter and ticket fine revenue,
comprehensive administration, maintenance and collection program
for all parking meters and decal areas. In exchange for the four
year agreement, Stroyne gaurantees to pay the City 50% of all
meter collections in excess of $295,000 with the payments
beginning the month the $295,000 is exceeded. A fee will be
charged of 1% per month on any of the unpaid balance.
15. This Agreement is subject to the provisions of the Charter
and Code of Ordinances of the City of South Miami and applicable
Federal, State, and County Laws, all of which are incorporated
herein by reference. This Agreement shall be construed according
to the laws of the State of Florida and venue shall be in Dade
County, Florida.
t
v r Y
Witnesses as to Stroyne:
Witnesses as to City:
STROYNE BROS. SOUTH INC.
by
Ronald M. Stroyne, Pres.
CITY OF SOUTH MIAMI
by
William F. Hampton,
City Manager
Attest:
------------------------
Rosemary Wascura,
City Clerk (CITY
SEAL)