04-05-88OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
APRIL 5TH, 1988
7:30 P.M.
A. Invocation
Next Resolution: 64 -88 -8080
Next Ordinance: 3 -88 -1298
Next Commission Meeting: 4/19/88
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentation by Mayor Proclamation designating April as Fair Housing Month
D. Items for Commission Consideration:
1. Approval of minLdes of March 1st, 1988, regular City Commission meeting
2. Approval of minutes of March 15th, 1988, regular City Commission meeting
3. City Manager's Report
4. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
5. An Ordinance approving and authorizing the amendment of a gas franchise previously 4/5
granted by Ordinances #468, #478 and #526 from City Gas Company to NUI Corporation
as franchisee. (Administration)
6.
An Ordinance creating a Safe Neighborhood
Improvement District within the City.
3/5
(Administration)
RESOLUTION FOR PUBLIC HEARING:
7.
A Resolution of the Mayor and City Commission authorizing the City Administration
3/5
to close Manor Lane Bridge.
(Vice -Mayor Schwait).
RESOLUTIONS:
8.
A Resolution authorizing the Acting City
Manager to purchase computer software.
4/5
(Commissioner McCann)
-9.
A Resolution authorizing the Acting,.City
Manager to request proposals for a study
3/5
addressing the economic impact on the City's tax base in regard to the proposed
Comprehensive Plan.
(Vice- Mayor Schwait)
10.
A Resolution authorizing the Acting City
Manager to go out for bids for
3/5
equipment lifts for the Public Works Department.(AdIinistration),
11.
A Resolution recognizing: the countywide effort of "Keep Dade Beautiful" during
3/5
the month of April.
(Mayor Porter)
12.
A Resolution authorizing the Acting City
Manager to purchase computer information
4/5
for the Department of Building, Zoning and Community Development.
(Administration)
13..
A Resolution authorizing the authorizing
the appointment of Special Counsel _in a
3/5
litigation case of the City:
.(City Attorney),
j
(Administration)
14.
A Resolution authorizing the Acting City
Manager to enter into an agreement for
4/5
street repairs.
(Administration)
ORDINANCES - FIRST READING:
15. An Ordinance creating a Local Government Neighborhood Improvement District to be 3/5
known as the Neighborhood Improvement. District within an
area containing approximately acres bounded on the south,'by
on the west by on the north by
and on the east by
Mayor Porter)
ORDINANCES - FIRST READING (CONTINUED):
16. An Ordinance amending_ Chapter 20, Article XII, Section 12 -2 of the Code of 3/5
Ordinances by adding to the duties and authority of the Planning Board of the
City the authority to consider and make recommendations to the City Commission
on all requests for street closings and changes in vehicular traffic patterns.
(Commissioner McCann)
REMARKS:
Mr. Mario Capone, Mario`s Tailor Shop & Dry Cleaning to appeal the decision
of the Environmental Review & Preservation Board regarding a sign for his
establishment. (ERPB 2/16/88)
DISCUSSION:
Individuals meeting with Commissioners for discussion of proposed agenda
items (Commissioner McCann)
DEFERRED AND /OR TABLED:
none
NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD
DECIDE TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING FOR WHICH THIS
AGENDA CONSTITUTES NOTICE, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS
CONDUCTED AT SUCH MEETING AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ORDINANCE NO. .478
AN ORDINANCE AMENDING ORDINANCE NO. 468, PREVIOUSLY
ADOPTED ON SEPTEMBER 18, 1962, BY CHANGING THE
GRANTEE FROM FLORIDA GAS UTILITIES COMPANY TO FLORIDA
GAS COMPANY, A FLORIDA CORPORATION, D /B /A FLORIDA GAS
UTILITIES COMPANY: THEREBY CORRECTING AN INADVERTENT
TYPOGRAPHICAL ERROR.
WHEREAS, on the 18th day of September, 1962, the City
of South Miami adopted Ordinance No. 468, the caption of which
reads as follows:
AN ORDINANCE GRANTING TO FLORIDA GAS UTILITIES
COMPANY, ITS SUCCESSORS OR ASSIGNS, A GAS FRANCHISE
AND IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO.
WHEREAS, an inadvertent error was made in said Ordinance
setting forth the grantee as Florida Gas Utilities Company,
WHEREAS, the grantee should have been set forth as
Florida Gas Company, a Florida corporation, doing business as
Florida Gas Utilities Company.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA:
ParagX ph 1. Ordinance No. 468, previously adopted by the City
on the 18th day of September, 1962, is hereby amended so that the
word "Grantee" as set forth therein, shall mean FLORIDA GAS COMPANY,
doing business as FLORIDA GAS UTILITIES COMPANY, in all provisions of
said Ordinance No. 468, and in particular the following sections:
A. The caption of said Ordinance No. 468 is hereby amended
so as to read as follows, to -wit:
AN ORDINANCE GRANTING TO FLORIDA GAS COMPANY, DOING
BUSINESS AS FLORIDA GAS UTILITIES COMPANY, ITS
SUCCESSORS OR ASSIGNS, A GAS FRANCHISE, AND IMPOSING
PROVISIONS AND CONDITIONS RELATING THERETO.
B. Section 1. shall be amended so as to read:
SECTION L. DEFINITIONS. For the purposes of this ordinance,
the word "Grantee" shall mean Florida Gas Company, a Florida corpora-
Lion, doing business as Florida Gas Utilities Company, its successors
and assigns, and the word "Grantor" shall mean the City of South
Maimi, Dade County, Florida, its successors and assigns, and the
word "Consumer" shall mean any person, firm, or public or private
corporation served by the Grantee.
Page 2, ORDINANCE NO.
C. Section 2, shall be amended so as to read:
SECTION 2. GRANT. There is hereby granted to Florida
Gas Company, doing business as Florida Gas Utilities Company, its
successors and assigns, for a period of thirty (30) years from the
passage and approval of this Ordinance, and its written acceptance
by the Grantee within thirty (30) days, a non- exclusive right to
erect, install, extend, maintain and operate a system of works, pipes,
pipelines and all necessary apparatus, machinery, structures, and
appurtenances in, on and under the streets, alleys, avenues, ease-
ments, and other public ways and places in the City of South Miami,
Dade County, Florida, as it is now constituted and as it may here-
after be added to or extended, for the purpose of tranporting, dis-
tributing, and selling natural gas to said City, its inhabitants
and the public generally, for domestic, commercial and industrial
uses, and for any and all other purposes for which gas, during the
period of this grant, may be used, together with the right to enter
upon the streets, alleys, avenues, easements`, and other public ways
and places and grounds of said City for the purpose of removing
and repairing said works, pipes, pipe lines and all necessary appar-
atus, machinery, structure or structures and appurtenances. This
franchise shall become null and void and of no effect unless the
Grantee shall supply natural gas to its initial customer in said
City within twelve (12) months after said Grantee's written accept-
ance of this franchise ordinance has been filed with the City Clerk.
Paragraph 2, This amendatory ordinance shall not be construed
so as to change any provisions of Ordinance No. 468, except as
specifically set forth herein, and it is the specific intent of this
Ordinance that it shall not operate so as to extend any time periods,
as set forth in the original ordinances, all time periods, both to
grant, time of service to the original customer, and all payment
periods shall be measured from the date the Grantee's written
2
Page 3, ORDINANCE NO. 478
acceptance of the original franchise ordinance was filed with
the City Clerk.
Paragraph 3. This ordinance shall become effective upon
its adoption in the manner provided by law.
PASSED AND ADOPTED this 2nd day of April, A.D. 1963.
Presiding Officer, City Council
ATTEST:
City Clerk ,J
ORDINANCE-NO. 468
AN ORDINANCE GRANTING TO FLORIDA GAS
UTILITIES COMPANY, ITS SUCCESSORS OR
ASSIGNS, A GAS FRANCHISE, AND IMPOSING
PROVISIONS AND CONDITIONS RELATING
THERETO.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
SECTION 1. DEFINITIONS. For the purposes of this ordinance,
the word Grantee shall mean the Florida Gas Utilities Company, a
Florida Corporation, its successors and assigns, and the word
"Grantor" shall mean the City of South Miami, Dade County, Florida,
its successors and assigns, and the word "Consumer" shall fiean any
person, firm, or public or private corporation served by the Grantee.
SECTION 2. GRANT. There is hereby granted to Florida Gas
Utilities Company, its successors and assigns, for a period of thirty
(30) years from the passage and approval of this Ordinance, and its
written acceptance by the Grantee within thirty (30) days, a non-
exclusive right to erect, install, extend, maintain and operate a
system of works, pipes, pipelines and all necessary apparatus,
machinery, structures, and appurtenances in, on and under the streets,
alleys, avenues, easements and other public ways and-places in the
City of South Miami, Dade County, Florida, as it is now constituted
and as it may hereafter be added to or extended, for the purpose of
transporting, distributing, and selling natural gas to said City, its
inhabitants and the public generally, for domestic, commercial and
industrial uses, and for any and all other purposes for which gas,
during the period of this grant, may be used, together with the right
to enter upon the streets, alleys, avenue, easements, and other public
ways, places and grounds of said City for the purpose of removing
and repairing said works, pipes, pipe lines and all necessary appara-
tus, machinery, structure or structures and appurtenances. This
franchise shall become null and void and of no effect unless the
Grantee shall sup ly natural gas to its initial customer in said City
within twelve (123 months after said Grantee's written acceptance of
this franchise ordinance has been filed with the City Clerk.- -
SECTION 3. ASSIGNMENT. No sale, assignment, or transfer of the
rights granted here y s all be effective unless the Grantee shall have
filed written notice thereof with the City Clerk, at least sixty (60)
days prior to the scheduled date of such sale, assignment or transfer,
and unless, subsequent to the filing of such notice, the Council..
shall have by Ordinance approved and consented to such sale, assign-
ment or transfer; provided, however, that any sale, assignment or
transfer decreed by a court of competent jurisdiction in any receiver -
ship or bankruptcy proceedings shall not be governed by the provision
of this ,Section. In the event the Grantee shall -" eceive a bona fide
offer to purchase the rights granted hereby, the Grantee agrees to
give to the Grantor the privilege of purchasing the rights granted
hereby and the physical property used by the Grantee ,under this rant
at the price and on the terms so offered, said priviiega to'be Jven
by a written notice served on the Grantor's clerk requiring the Grantor
to sign a suitable form of contract of purchase within ninety_ (90).-days
after the service of such notice.
1 z s N =
SECTION 4. USE OF STREETS. The said pipe lines, pipes, a ppara-
tus, structures, an appurtenances shall be erected, placed or IaWF--
in such manner as will, consistent with necessity, --:least interfere
with other public uses of said streets, alleys, avenues, easements,*
. .
and public grounds, and said streets shall not be unnecessarily ob-
structed, and before the Grantee makes any excavation or disturbs
the surface of any of the streets, alleys, or other public places,
it shall make application for a permit to the appropriate City
authority and shall, with due diligence and dispatch, place such
streets or public place in as good condition and repair as before
such excavation or distrubance was made, and in default thereof the
City may make such repairs and charge.the cost thereof to the Grantee
and collect the same from it.
The City of South Miami retains the right of reasonable regulation
of the erection or construction of any works or laying any pipe or pipe
lines, and to reasonably designate where such works and pipe lines
shall be placed.
The Grantee hereby agrees to abide by all the rules and regula-
tions and ordinances which the Grantor has passed or might pass in
the future, and further agrees to abide by any established policy
which the City Council or its duly authorized representative has
passed; or established; or will establish; provided, however, it is
not intended hereby that the City shall have the right of breaching
the terms of this franchise other than is herein provided.
SECTION 5. MAINTENANCE. All such works, pipes, pipe lines,
apparatus, structures, appurtenances and the entire plant and system
of Grantee shall be constructed and maintained in such condition as
will enable it to furnish adequate and continuous service and shall
be constructed, installed and maintained in accordance with accepted
good practice and in accordance with the orders, rules and regulations
of the Florida Railroad and Public Utilities Commission or other regu-
latory body having jurisdiction over the Grantee.
SECTION 6. LAYING OF PIPE. All main pipe lines shall be laid
at least two feet and all lateral -pipe lines not less than eighteen
inches below the established grade of said streets, avenues, alleys,
easements, and other public ways and places as such grades now exist
or may hereafter be established, unless otherwise specifically author-
ized by proper authority of the City.
SECTION 7. CONSTRUCTION WORK. The City of South Miami reserves
the right to lay and permit to be laid electric conduits, water, gas
and other pipe lines or cables, sewers, and to do and permit to be
done any underground work that may be necessary or proper by the City
Council or other governing body of the City in, across, along or under
any street, alley, public way, easement, place or other public ground.
In permitting such work to be done the City of South Miami shall not
be liable to the Grantee herein for any damages so occasioned, nor
shall the City in doing such work be liable to the Grantee for any
damages not wilfully and unnecessarily occasioned. Whenever, by
reason of establishing a grade or by reason of changes in the grade
of any street, or by reason of the widening, grading, paving or other -
wise improving present or future streets, alleys, or other public ways
and places, or in the location or manner of construction of any water
pipes, electric conduits, sewers or other underground structure, it
shall be deemed necessary by the City Council or other governing body
of the City to alter, change, adapt or conform the mains, pipe lines,
service pipe or other apparatus or appurtenance of the Grantee hereto,
such alterations, or changes, shall be made by the Grantee as ordered
in writing by the City Council or other governing body of the City,
without claim for reimbursement or compensation for damages against
the City. I£ the City. shall require the Grantee to adapt or conform
its pipe lines, pipes, structures, apparatus, appurtenances or other
appliances, or in any way to alter, relocate or to change its pro pp-
erty to enable any other person or corporation, except the City, Dade
County, or the State of Florida, to use said street; alleyy, easement,
highway or public place, the Grantee shall be. reimbursed by the person
or corporation desiring or occasioning such change for any loss, cost
or expense caused by or arising out of such change, alteration or re-
location of Grantee's property. The Grantee further agrees that it
shall not interfere with, change or injure any water pipes, drains,
or sewers, within the corporate limits of the City of South Miami,
Florida, unless it has received specific permission from the City
Council, its duly authorized representative or Board.
Grantee further agrees that during the term of this franchise, it
will not install, erect, construct, or maintain any maintenance yards
or above- ground bulk storage facilities within the City of South Miami,
Florida.
SECTION 8. INDEMNIFICATION. That prior to the beginning of any
work By the Nan fee wit in t e corporate limits of the City of South
Miami, Florida, the Grantee shall file with.the City Clerk and shall
keep in full force and effect at all times during the effective period
hereof, insurance certificates evide-ncing -a liability insurance policy
or policies, the terms and conditions whereof shall be such as to pro -
vide for the protection and indemnification of the City with respect
to any and all claims of any persons suffering injury, loss or damage
to person or property by reason of the construction or operation of a
natural gas distribution system within the corporate limits of the
City of South Miami, Florida.
Each such insurance policy shall be subject to the acceptance
and approval of the City Attorney of the City of South Miami. Any
primary insurance policy must be issued by a Company having a policy -
holder's surplus at least five times the amount of coverage of the
policy, and the Company must have a management rating in Best's
Insurance Guide of BB or better. Any excess policy used must be
issued by Underwriters acceptable to the City Attorney of the City
of South Miami. Each such policy shall be in the minimum sum of
$150,000.00 for injury or death to any one person, and in the minimum
sum of $1,000,000.00 for injury or death to all persons where there is
more than one person involved in any one accident and in the minimum
sum of $500,000.00 for damage to property, resulting from any one
accident, and each of the said minimum sums shall remain in full force
and shall be undiminished during the effective period of this ordinance.
Every such insurance policy shall contain a provision whereby
every company executing the same shall obligate itself to notify the
City Clerk of South Miami, Florida, in writing, at least thirty (30)
days before any alteration, modification, or cancellation of such
policy is to become effective.
In the event that any suit is filed or action brought against
the City, either severally or jointly with the grantee, by any person
or corporation seeking to recover damages resulting from or attribu-
table to the operations or the existence of the Grantee within the
City of South Miami, or arising in any manner whatsoever out of the
operations or existence of the Grantee within the City of South Miami,
whether due to the Grantee's negligence or otherwise, the Grantee shall,
upon written notice by the City, defend said suit or action, and, in
the event any judgment therein should be rendered against the City,
the Grantee shall promptly pay the sum together with all costs resulting
therefrom.
SECTION 9. RULES- MAKING OF. The Grantee shall have the right
to make and enforce such reasonab a rules and regulations as it may
deem necessary for the extension of its facilities, and the sales of
its gas and the prudent conduct of its business, provided that such
rules and regulations shall not be in conflict with the laws, rules,
and other regulatory authorities of the City of South Miami, or Dade
County, or.-the-State of Florida.
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SECTION 10. JURISDICTION. In the vent that the Florida Railroad
and PuBlic Utilities Commission, or other State regulatory authority,
should be deprived of the authority to make rules and regulations
governing the Grantee, then the City Council of the City of South
Miami, or other governing body, shall have the right to fix. reasonable
and compensatory rates to be paid for gas by the consumers, and to
provide for the extension, repair, and maintenance of mains and ser-
vice lines, and the connection with the pipes of the consumers and
the installing and testing of meters, and to regulate the quality and
pressure of gas, and to provide such other and further regulations as
shall be reasonably necessary and proper to provide adequate service
to consumers and to protect their interests.
SECTION 11. ACCOUNTS AND RECORDS. The accounts and records of
the Grantee appertaining to gas service rendered hereunder shall be
maintained within the State of Florida, and be open at all reasonable
times for inspection by the duly authorized representatives of the
Grantor. The Grantee shall use the Uniform System of Accounts for
Public Gas Utilities prescribed by the Florida Railroad and Public
Utilities Commission of the State of Florida. The Grantee shall estab-
lish and maintain appropriate accounts and records in such detail that
revenues within the limits of the City of South Miami are consistently
declared separately from all other revenues. In the event that the
Grantor should determine it necessary to make a detailed audit of the
accounts and records of the Grantee and a material error in the accounts
and records of the Grantee is found by the auditor of the Grantor, then
in said event the Grantee would bear the cost of said audit. In the
event that the Grantor should determine it necessary to make a detailed
audit of the accounts and records of the 'Grantee and said audit reveals
that the accounts and records of the Grantee are substantially correct,
then in such event the Grantor would bear the cost of said audit.
The Grantee shall file in duplicate with the City Clerk of the
City of South Miami, monthly statements of gas revenues derived from
within the City of South Miami, annual financial statements and such
other statements and reports as the Grantor may reasonably prescribe,
Within twenty (20) days after the close of each month, the Grantee
shall file as required by this section a statement of gas revenues
derived from within the City of South Miami for the precedin month.
During each annual period and within one hundred twenty (1203 days
after the close of the Grantee's fiscal year, the Grantee shall file
as required by this section the balance sheet of the year then ended,
and the related statements of income and retained earnings certified
by a Certified Public Accountant. The Grantee shall at all times make
and keep full and complete plats, maps and records, showing the reason-
ably exact locations, depth and size of all pipes and pipe lines owned
by it in the City of South Miami, that may hereafter be laid, and show-
ing the location and kind of all other works, structures, appliances
and appurtenances, and shall furnish the Grantor, within a reasonable
time, 'with copies of all such plats, maps and records, and these m ns
and records and all other records and contracts between the Granter;
and persons or corporations furnishing gas to the Grantee for distri.-
bution in the City shall be available for inspection during business
!.ours to the Grantor through any duly authorized officer or employee
of the Grantor.
Im
i
I
SECTION 12. FRANCHISE TAX. During the term hereof, the grantee
shall pay to t e ity, or t e privilege of operating a gas system under
thit franchise the sum of $3,000.00 annually during the first three years
of the term commencing with the date of the filing of the grantee's
acceptance and each year thereafter shall pay annually the sum of $5,000.00
payments shall be made on March lst of each year of the sums due for the
previous calendar year or portion thereof.
In addition thereto, the grantee shall on or before March lst of
each year pay unto the grantor or its successors an additional amount
which when added to the aforementioned amounts and the amount of all
taxes, licenses or other impositions levied or imposecf.by the Grantor
upon the Grantee's gas utility property, business or operations for the
preceding calendar year will equal six percent (6%) of the Grantee's
revenue from the sale of natural gas to residential, commercial, govern -
mental, and industrial customers within the corporate limits of the
Grantor for the preceding calendar year. The amount of all taxes, li-
censes or other impositions credited herein shall pertain only to that
property or such portion of that property of the Grantee which is used
in connection with the distribution of gas within the corporate limits
of the Grantor. Nothing herein shall be construed to be a limitation on
the assessment and collection of valid taxes, licenses and other imposi-
tions by the Grantor on and from the Grantee in excess of such six percent
(6%) amount for each year during the thirty (30) years of this franchise.
The franchise tax levied herein shall be in addition to any tax,
franchise or otherwise, now or in the future, levied by any other govern-
mental body or agency.
In the event the grantee shall accept or operate under.the terms of
a franchise in any other municipality or area in Dade County, Florida
providing for a higher percentile payment, the grantee agrees that
the percentile franchise tax hereunder payable shall be inwediately
increased to such percentile amounts as are payable to'such other
municipality or governmental agency.
SECTION 12.1 - REIMBURSEMENT FCR FEASIBILITY SURVEY. The grantee
agrees to pay unto the City the sum of ,4 . as an for reimbursement
to the City for sums expended by the City in obtaining and making available
to the grantee a gas feasibility survey; said sums to be paid to the City
by Certified Check at the same time the grantee files its acceptance of
this franchise as provided in Section 2 hereof.
SECTION 13. FORFEITURE OR REVOCATION OF GRANT. That violation by
the Grantee of any o t e covenants, terms an -con itions hereof, or de-
fault by the Grantee in observing or carrying into effect any of said
covenants, terms and conditions, shall authorize and empower the City to
declare a forfeiture of and to revoke and cancel all rights granted here-
under, provided, however, that before such action by the City shall be-
come operative and effective, the Grantee shall have been served by the
City with a written notice setting forth all matters pertinent to such
violation or default, and describing the action of the City with respect
thereto, and Grantee shall have had a period of sixty (60) days
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after service of such notice within which to terminate such violation
or default; and provided, further, that any violation or default re-
sulting from a strike, a lockout, an act of God or any other cause
beyond the control of the Grantee shall not constitute grounds for
revoking and canceling any rights hereunder. In the event that the
Grantee upon receipt of said written notice from the City does not
desist from such violation within the time aforesaid, then the Grantee
shall be deemed to have forfeited and annulled and shall thereby for-
f eit and annul all of the said franchise, grants, privileges, rights,
licenses and immunities given by this franchise. The Grantee shall
not enter into any verbal or written agreement with any person, firm,
corporation, or other organization which agreement is conditioned upon
the Grantee receiving tax relief or any other relief from the City.
Nothing herein contained shall prevent the Grantee from negotiating
with any person, firm, corporation, association, or other entity, ex-
cept Grantee is prohibited from entering into any agreement with any
person, firm, corporation, association, or other entity receiving
compensation from the Grantor for the issuance of this franchise or
the continuance thereof under its provisions. The Grantee is required
to make every effort to maintain operation and service at all times
even in the event of any work stoppage by its employees.
of the
urinate,
visions
rantee,
revoke
of this
the City
and cancel
Ordinance
shall have full power and authority to
any and all rights granted under the
(Franchise)
ruptcy
ter -
pro-
SECTION 15. CHANGES IN PROVISIONS HEREOF. That minor changes
in the terms and condilfi-6-n—she—reof may Be made by written agreement
between the City and the Grantee, provided, however, that this Section
shall not be construed as conferring authority to make any changes
in or modifications of the provisions of this Ordinance which would be
repugnant to or inconsistent with basic factors or principles under-
lying the terms and conditions hereof.
SECTION 16. REPEALING SECTION. That all ordinances or parts of
ordinances, insofar as they are inconsistent with or in conflict with
the provisions of this Ordinance, be and the same are hereby repealed.
SECTION 17. SAVING PROVISION. That, if any section, part of
section, paragraph, sentence or clause of this Ordinance shall be ad-
judged by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of any other portion hereof, but shall be
restricted and limited in its operation and effect to that specific
portion hereof involved in the controversy in which such decision shall
have been rendered..
SECTION 18. RIGHT TO PURCHASE. That the Grantor hereby reserves
the right at and after the expiration of fifteen (15) years from the
date of written acceptance of this grant by the Grantee, and /or in the
event of the Grantee's forfeiture of any of the terms, conditions and
provisions of this Franchise Ordinance, at its option, to purchase the
physical property of the Grantee used under this grant at the fair
value of the property. The fair value of the property is herein de-
fined as the installed cost of the Grantee's facilities including
overhead, engineering, administrative expense related to construction,
and depreciation at the rate of 2% per year. The Grantor shall exercise
such option by giving written notice to the Grantee of its election so
to do not less than sixty (60) nor more than one hundred twenty (120)
days prior to the commencement of the aforesaid fifteenth (15th) year.
The failure of the Grantor so to exercise its option shall be deemed'
a waiver of its right to purchase the property of the Grantee and said
franchise thereafter shall continue in full force and effect for the
remainder of its term as though said right to purchase had not been
reserved by the Grantor.. Nothing contained herein shall be construed
as a waiver by the Grantor of any right to purchase the property of
the Grantee.at the end of the.thiity7(30) year period of said franchise
as provided by the Laws of Florida in effect at the time of the Com=
pany's acceptance thereof,.including Section 167.22 of the Florida
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i
Statutes of 1951, as amended. The Grantee shall be deemed to have
given such rights of option to purchase and to purchase by its
written acceptance of said franchise and the filing of said accep-
tance with the City Clerk.
PASSED AND ADOPTED this day of 1962.
7"
Mayor
ATTEST:
City Clerk
ACCEPTED, this 15th day of October, 1962.
FLORIDA GAS UTILITIES COMPANY
Presi ent
ATTEST: (+L,N UfICATION
the Clt - `fie ' City Clerk in and for
• of Miami, Florida d
Secretary certify t. ,,_, as o here6y
Correa c contain a tr,
dated
to the r eor;:: ' la accor�g
Given under t`j' °` ' =uth miamL
toy lkald r ad the seal of
i Florida,
A,A - day of
13L A 41a
. B. 4 �a a tr Clerk
6y
ktod .
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, CREATING A SAFE NEIGHBORHOOD
IMPROVEMENT DISTRICT WITHIN THE CITY.
WHEREAS, the governing body of a municipality may adopt an ordinance
authorizing the formation for Safe Neighborhood Improvement Districts; and
WHEREAS, the Mayor and City Commission determined that the public interest
will be best served by adopting an ordinance authorizing the formation of Local
Government Neighborhood Improvement Districts in accordance with the enabling
Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION Of THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1.
Districts Authorized
Safe Neighborhood Improvement Districts, as provided in the
Laws of Florida, may be established within the City of South
South Miami.
Section 2.
Method of Establishment
The method of establishing such Safe Neighborhood Improvment
Districts in the City of South Miami shall be as described
in Section 59 of Chapter 87 -243, Laws of Florida, relating
to Local Governement Improvement Districts.
Section 3.
If any clause, section, sentence _ -- or other part of this
Ordinance is declared to be invalid or unconstitutional by
any court of competent jurisdiction, the remainder of this
Ordinance shall not be affected thereby, but shall remain
in full force and effect.
Section 4.
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
Section 5.
This Ordinance shall be in full force and effect then (10)
days after the time of its passage.
PASSED AND ADOPTED this day of 1988.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Passed on 1st Reading: 3/22/88
Passed on 2nd Reading:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE ADMINISTRATION
TO CLOSE MANOR LANE BRIDGE WHERE IT CROSSES
BREWER CANAL AT MANOR LANE AT THE END OF
S.W. 64TH COURT.
WHEREAS, in order to preserve the residential
character of the Manor Lane area of the City; and
WHEREAS, in orde-r--to promote the public health,
safety and welfare of the residents of the area by eliminating
excess traffic congestion, the Manor Lane Bridge should be
permanently closed to traffic.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission hereby
authorize the City Administration to permanently close Manor
Lane Bridge where is corsses Brewer Canal at Manor Lane at the end of
S.W. 64th Court.
PASSED AND ADOPTED this day of , 1988.
s�
APPROVED
MAYOR
ATTEST:
CITY CLERX
READ AND APPROVED AS TO FORM:.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND .CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE ACTING CITY MANAGER TO
PURCHASE COMPUTER SOFTWARE.
WHEREAS, the City has begun the process of automating
departmental procedures by the addition of computer hardware; and
WHEREAS, the Administration recommends the purchase of
computer software regarding employee vacation and sick time
programs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Administration is hereby
authorized to purchase computer software regarding employee vaca-
tion and sick time programs from Unisys in the amount of
$3,500.00
Section 2. That funds for this purpose shall come from
Account No. 01- 0101 -400 entitled: Dial Account.
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -3 -17
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE ACTING CITY MANAGER TO
REQUEST PROPOSALS FOR A STUDY ADDRESSING THE
ECONOMIC IMPACT ON THE CITY'S TAX `BASE IN
REGARD TO THE PROPOSED COMPREHENSIVE PLAN.
WHEREAS, the City of South Miami is required to submit
a- revised comprehensive plan to the State, Department of Commu-
nity Affairs by August 11 1988; and s
WHEREAS, in order to fully address the economic impact,
if any, the proposed plan may have on the City's tax base, a
study of the proposed plan's effect should be undertaken.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager is hereby
authorized to request proposals for consultant's study of the
proposed comprehensive plan's impact on the City's tax base.
Section 2. That funds for this service shall come from
Account No. , entitled
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -3 -07
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10
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE ACTING CITY MANAGER TO GO OUT
FOR BIDS FOR EQUIPMENT LIFTS FOR THE PUBLIC
WORKS DEPARTMENT.
WHEREAS, the City of South Miami is in need of equip-
ment lifts for the motor pool in the Department of Public Works;
and
WHEREAS, the Administration wishes to request proposals
for this equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is
hereby authorized to go out for bids for equipment lifts for the
motor pool at the Public Works Department.
Section 2. That any contract for the above will be
approved by the City Commission.
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -3 -18
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RECOGNIZING
THE COUNTYWIDE EFFORT OF KEEP DADE BEAUTIFUL
DURING THE MONTH OF APRIL.
WHEREAS, in order to promote a sense of civic pride and
responsibility, many local community organizations are lending their support
in an effort to "Keep Dade Beautiful" during the month of April, 1988; and
WHEREAS, the Mayor and City Commission wish to support and
recognize this effort during the month of April, 1988.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
ATTEST:
Section 1. That the South Miami City Commission does hereby
recognize the effort of "Keep Dade Beautiful"
during the month of April, 1988, and encourage
the support of the residents of the City of
South Miami.
Section 2. That April 30th, 1988, is hereby designated as a
"Special Pick -Up Day" as part of a "Marathon
Clean -A -Thou and all residents are encouraged
to participate in this program.
Section 3. That the Acting City Manager is hereby designated
as City liaison in connection with the County
projects sponsored on behalf of this month -long
event.
PASSED AND ADOPTED this day of 1988.
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Thomas R. Spencer, Jr.
Chairman of the Board
Lori J. Knight
Keel) Dade Beautiful
Diowli Coordinator
Keep Dade Beautiful Month
1pril, 1988
Events and projects being sponsored by KEEP DADE BEAUTIFUL during
April;
Friday, April 8
- Kick -off
party
on board the
Florida
7:00 p.m. - 10:00 p.m.
Princess
ship.
The Florida
Princess
will take approximately 350 guests
from Monty's Bayshore Restaurant in
Coconut Grove to Bayside.
Participants will enjoy an
international fireworks display in
honor of Bayside's first anniversary.
EVENT SPONSOR: Mr. Mel Dubin and the
_ Florida Princess
Saturday, April 9 The First Annual Dade Environmental
9:30 a.m. - 4:30 p.m. Congress. Session to discuss issues
and set goals for the county- wide KDB
1988 agenda. Actions targeting:
graffiti, litter, waste management,
illegal dumping, beautification,
water and air quality, marine
recreational facilities and toxic
waste. The Congress will be held at
Brickell Square -801 Brickell'Avenue.
Saturday, April 16 - The Corporate Adopt -A -Home Challenge
a.m. - 7:00 p.m. A clean -up and paint -up, sunrise to
sunset challenge of 10 needy homes in
Dade County selected by KDB panel
based upon specific criteria. EVENT
' SPONSOR: Challenging Corporations in
t
" � f��t. which employee gnvolvement will be
highlighted and KDB. "Adopt -A- Home"
site will have signage crediting the
MAR 7 Corporate Challenge sponsor and
participants.
e
The Four Ambassadors • Tower 3 • Suite 12.44
825 S. Bayshore Drive, Miami, FL 33131 • (305) 381 -6701
PRINTING COURFESY OF ACME PRESS —NIIAINII ,.
i
Saturday, April 23
9:00 a.m. - 1 :00 p.m.
The Great Graffiti Paint -Out Day
One of the largest coordinated efforts
to eliminate graffiti county-wide.
Problem areas will be targeted and
volunteer crews will be transported
from location to location. The goal is
to attack and "paint- out" as much
graffiti as possible in one day. EVENT
SPONSORS /PARTICIPANTS: Miami Board of
Realtors, Youth Crime Watch, Florida
Department of Transportation, the Girl
Scouts, and the Explorers.
Sunday, April 24 _
- Overtown Folklife Village Celebration
3 :00 p.m. -5:00 p.m.
This event will unveil the ambitious
plans for the restoration and clean -up
of a targeted two block area in
Overtown. The ceremony will begin at
the site of an Overtown church (to be
announced) and the group will march to
another neighbor church and plant trees
in honor of the occasion.
EVENT SPONSOR: The Black Archives and
KDB.
Saturday, April 30
- Marathon Clean- A -Thon
9:00 a.m. - 3:00 p.m.
The largest county -wide "Clean- A -Thon"
STUDENTS - 9.00 - noon
ever attempted by the citizens of Dade
'
County. In conjunction with the
national Glad Hag -A -Thou, this event
will encourage participation from all
municipalities and include civic
groups, students from Dade County
public and private schools, the Girl
Scouts and all environmentally
concerned organizations. Dade County,
as well as private waste collection
companies have committed full
participation.
Target areas will be selected for
litter pick -ups, illegal dumping
clean -ups, and special trash
collection." Free `trash bags will be
available to all groups involved.
EVENT SPONSOR: Glad Wrap &'Bags,
Citizens Crime Watch, Metro Dade
County, and KDB
For more information
call Lori Knight, KEEP DADE BEAUTIFUL, at
381 =6701.
9000P452
11
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Other Community Organizations coordinating events during Keep Dade
Beautiful month thus far:
Citizens Crime Watch - a month -long safety clean -up. Towing
abandoned cars, boarding up empty houses, encouraging neighbors to
trim back hedges
Miami's For Me & " Keep Dade Beautiful - Hosting a reception at
Biscayne Baby in Coconut Grove on Friday, April 15th from
6:00 - 9 :00 p.m.
Coconut Grove Jaycees Annual "Green Up the Grove" project -
beautification and planting
Miami Board of Realtors As part of American Home Week, have
designated the week of April 24 -30 "Graffiti Paint -Out Week"
South Dade Chamber of Commerce - Will conduct a cleanathon in the
Perrine area _ on Saturday, April 30th. Encouraging merchants to
paint -up- and fix -up -their businesses. An award will be presented
to the merchant who most improves his property.
City of Miami Beautification Committee - Designated anti- litter
month.
City of North Miami - Annual clean -up and beautification project
involving numerous civic organizations occurring from April 24 -
April 30. -
Miami Council Telephone Pioneers of America Will furnish
volunteers for the "Great Graffiti Paint -Out Day" on April 23rd.
Burger King will furnish tray liners at every Dade County
location during April in honor of KDB Month.
The Miami Herald Will print home delivery bags on April 10th
honoring KDB Month.
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1]
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY.COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE ACTING CITY MANAGER TO
PURCHASE COMPUTER INFORMATION FOR THE
DEPARTMENT OF BUILDING, ZONING AND COMMUNITY
DEVELOPMENT .
WHEREAS, the City has begun the process of automating
departmental procedures by the addition of computer hardware; and
WHEREAS, the Administration recommends the purchase of
computer information services real, estate for the Department of
Building, Zoning and Community Development.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Administration is hereby
authorized to purchase computer information services, real estate
services from The Land Office in the amount of $1,260.00.
Section 2. That funds for this purpose shall come from
Account No. entitled:
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I A
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE APPOINTMENT OF SPECIAL
COUNSEL IN A LITIGATION CASE OF THE CITY.
WHEREAS, the City of South Miami is presently in
litigation involving a right -of -way at 6880 Sunset Drive; and
WHEREAS, the Mayor and City Commission has acknowledged
the request of the City Attorney to appoint special counsel for
the City in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That is
hereby appointed special counsel for the City in the above-
described matter.
Section 2. That such legal services shall be at the
rate of $ per hour, to be paid from Account No.
entitled:
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -3 -19
13
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE ACTING CITY MANAGER TO ENTER
INTO AN AGREEMENT FOR STREET REPAIRS.
WHEREAS, an area of 59th Place between 62nd and
64th Street in the City is in need of street paving; and
WHEREAS, the Administration recommends that the City
retain a private contractor for these necessary repairs.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager is hereby
authorized to retain General Asphalt Co., Inc. of 4850 N.W. 72nd
Avenue, Miami, Florida for the amount of $5,000.00 from
Government Bid to do the street paving described above.
Section 2. That funds for this expenditure shall
come from Account No. 1730 -4640 entitled: Streets and Parkways.
PASSED AND ADOPTED this day of ,1988,
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
14
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 20, ARTICLE XII, SECTION 12 -2 OF THE
CODE OF ORDINANCES BY ADDING TO THE DUTIES
AND AUTHORITY OF THE PLANNING BOARD OF THE
CITY THE RESPONSIBILITY TO CONSIDER AND MAKE
RECOMMENDATIONS TO THE CITY COMMISSION ON ALL
REQUESTS FOR STREET CLOSINGS AND CHANGES IN
VEHICULAR TRAFFIC PATTERNS.
WHEREAS, the public and the City Commission from
time to time initiate requests for street closings and other
changes to the vehicular traffic patterns in the City; and
WHEREAS, in order to ensure that the public has
participation in these decisions, including those initiated
by the City Commission, the duties and responsibilities of the
Planning Board should be amended to specifically provide for
these matters to be considered for recommendation by the Planning
Board.
NOW, - THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Chapter 20, Article XII, Section
12 -2 of the City's Zoning Code is hereby amended as follows:
12 -2 Duties and Authority
As required by the City Charter, Article II,
Section 8.C, there shall be a Planning Board
which shall have the authority to investigiate
and recommend to the Council such changes in
the boundaries of the various use districts,
zoning regulations, use of land and type of
construction, street closings or other
similar vehicular traffic pattern changes,
locations and use of all structures on any
valid application submitted to it. In arriving
at its recommendations, the Board shall consider,
but not by way of limitation, the character of
the area, the suitability of particular uses,
the conservation of property values and the
direction of building development. In addi-
tion, the Board shall investigate and make
recommendations to the Council on matters
affecting redevelopment, rehabilitation, con-
servation and renewal progress toward the
alleviation of slum or blight areas and such
other conditions as may injuriously affect
the City.
/6
Section 2. This Ordinance shall become effective
immediately upon passage.
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Additions shown by underlining.
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5828 S.W. 71 STREET . MLAMI, FIARIDA 33143
`.7e% 305) 661 -1530
February 18, 1988
To whom it May Concern,
On Tuesday February 16, 19889 I was at The City of
South Miami getting a sign approved by The Environmental
Reveiw Board For Mario's Tailor Shop and Drycleaners at
5828 S.V. 71 St. I am not happy with the decision and I would
like to appeal it. If you have any questions please contact
Mario Capone at 661 -1530.
Thank you,
Mario Capone
f
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Minute ERPB 4 - February ;10, 1988
hibiscus be placed on the two northeast
island areas to match the existing
landscape areas.
Jan Hochstim seconded the Motion.
The Board suggested that when the Applicant returns for
final approval that he present details of the
landscaping, curbing and the handicapped signage. The
Board also suggested that the handicapped parking spaces
be moved.
Vote: Approve: 5 Oppose: 0
D. EB -87 -160. Flat sign.
Applicant: Mario's Dry Cleaning b Laundry
Address: 5828 SW 71 Street
Represented by: Tropical Signs
The Applicant signed in and addressed the Board. He said
that he would like to change the colors, green letters
and yellow background, that the Board had recommended.
He said that the building is brown and the front of the•
building is glass.
A discussion ensued" on the colors in the sign and the
wordage, which the Board agreed was too lengthy.
MOTION: Susan Wilson moved for approval with the
stipulations that the background of the
sign be beige to match the wall, the
border bronze and allow the Applicant
the choice of one red, brown or black
letters and the sign to read "Mario's
Dry Cleaning and Laundry Finest Tailor
for Men and Ladies ".
Diego Saez seconded the Motion.
Amendment: Lit White amended the Motion to delete
the color black from the colors allowed
the Applicant.
Susan Wilson accepted the Amendment.
Vote: Approve: 5 Oppose: 0
F. EB -88 -005. Flat sign. - —
Applicant The Wellness Center
Address: 5950 Sunset Drive
Represented by: Instant Signs
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE-CITY
COMMISSION OF THE CITY OF SOUTH MIAMI
FLORIDA, DENYING•AN ADMINISTRATIVE-APPEAL
FROM A DECISION OF THE ENVIRONMENTAL
REVIEW AND PRESERVATION BOARD.
WHEREAS, on February 16, 1988, the Environmental
Review and Preservation Board (E.R.P.B.) denied a request
regarding the colors of a sign at 5828 S.W. 71st Street (Mario ®s
Tailor Shop); and
WHEREAS, pursuant to Section 11 -3 -5 of the Zoning
Code, the Applicant wishes to appeal this decision.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.
Section 1_ That the appeal of the Applicant from a
decision of the E.R.P.B. of February 16, 1988 is hereby denied.
PASSED AND ADOPTED this ____ day of ,
1988.
ATTEST:
APPROVED:
MAYOR