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HomeMy WebLinkAboutSubmittal-Thomas R. Julin-Letter and Information PacketMUNSTER FLORIDA'S LAW FIRM FOR BUSINESS December 10.. 2019 Hand Delivery Victoria Mendez, Esq. Office of the City Attorney 444 S.V. 2nd Ave. Ste, 945 Miami, FL 33130-1910 vmendez@a,miamigov.com Dear Ms. Mendez: Submitted into the pub ie record fo ite (s _ on City Clerk FHOMAs R. JULiN 600 Brickell Avenue — Suit 3500 Miami. FL 33131 1.305.376.6007 TJuGn;u gunster.com As you know, I represent First American 'Telecommunication Corp. ("First American"), a provider of public pay telephone services in the City of Miami since 1986. The City has allowed First American to place advertising on its c.ornmunications kiosks since 2000 pursuant to Article XI, Section 54-421(2) of the City Code. In accordance with its permits, First .American has regularly paid the City required permit fees, along with a percentage of the payphone enclosure advertising revenues and has not been cited for violating the City Code in any respect. First American 1- supplied the City with a CPA certification of the accuracy and completeness of these - commission payments to the City, which payments have never been challenged for thr Lit acv, and instead these advertising revenues have been accepted and deposited by the City account for the use and benefit of the City and its citizens for almost two decades. 1 learned late last week that the Cit`-' Commission has placed in the Future I ..:atior section of its December 12, 2019, agenda, an amendment to the City of Miami Code spc-.,ored by the City Administration which would amend Chapter 54 of the City Code to allow the placement of advertisements or interactive displays on communications kiosks within the public right-of-way or on city owned property, when such advertisements or displays are part of "a communication kiosk program" procured in accordance with Chapter 18, Article III of the City Code. I previously have been in touch with you regarding the technological upgrade of First Arnerican's kiosks including, the placement of advertisements on those kiosk enclosures. In the attached letter, 1 explained that the Federal Telecommunications Act prohibits the City from imposing barriers that limit First American's ability to provide its services, that state law implements this federal mandate through section 337.408(7), Florida Statutes, and preempts municipal authority other than that related to placement or maintenance of communications facilities in a reasonable and non-discriminatory manner; and that the City's own code and authorizations currently allow First American to upgrade its technology and continue to place advertisements on its kiosks. My letter Brickell World Plaza, Suite 3500, 600 Brickell Avenue • Miami, FL 33131-3090: 305-376-6000 Fax: 305-376-6010 1 www•9unster.com 6%41' 5AWic,l4 --Ntw.a5 � • - 4i tr o,n %( -,k Letter to the City Attorney December 10. 2019 Page 2 Submitted into the puWi record fo ite (s). on 11, City Clerk also cautioned that awarding of an exclusive franchise to a single provider of communications kiosks in City rights-of-way would violate federal and state law. I. write now to ask you to dispel any notion that the City Commission may have that the proposed amendment to Chapter 54 is necessary to allow First American to upgrade its kiosks or to place advertising on its kiosks, and to caution that if the procurement process contemplated by the proposed amendment directly or indirectly interferes with First American's upgrading of its kiosks or placing advertising on its kiosk enclosures, the proposed amendment would violate federal and state law. I also write to ask you to advise the City Commission that if the proposed procurement process were to result in an award to one or more providers other than First American, and the City were to contend that First American could not upgrade its kiosks or place advertising on them because First American did not win an award throuuh the procurement process, that action by the City not only would be contrary to state and federal statutes, but also would violate the First and Fourteenth Amendments of the U.S. Constitution and article 1, section 4 of the Florida Constitution by discriminating against some advertising on kiosks allowed in the City's rights-of-way, while allowing advertising on other kiosks in the City's rights-of-way without a substantial government interest that would justify such discrimination. 1 understand that the City Commission will not be taking any action or having discussion on the proposed amendment at this time and that the public may submit comments on it by sending an email to future le aislationr`r�r7,�miamigov.com. I further understand that once the public comment period has closed, the comments will be considered with the legislation and an additional period for public comments with be available after first reading. Please cogfirnr that my understaradirrg c?f this is correct. After countless meetings with City Staff over the last several years regarding technology upgrades, First American was advised (in person and in writing) by staff that they would be notified of any proposed legislation. Unfortunately, the City Staff failed in its promises. Due to the lack of sufficient advance notice provided to my client regarding this proposed amendment, key regulatory. staff from First American will not be able to attend the meeting on the 12't'. As such. I am hereby formally requestingthat this item be postponed until the next City Commission meeting. In addition, please ensure that this letter and attached documents are made part of the record by the City Clerk for any future legislation related to this item. I anticipate that. First American will submit further comments in connection with this process, but I wanted to ask you to alert the City Commission now, at the outset of its consideration of the proposal, that the proposal should not be seen as a means of interfering with or discriminating against First American's service to favor other providers of coincnunications kiosks in the City's rights-of-way. First American has been pleased to provide the City of Miami with public pay telephone scn•ices for more than three decades and it looks forward to continuing providing these essential safety netlpublic safety services through modern, up waded facilities supported by advertising revenues that can be shared with the City for many years to come. First American is not seeking any new, exclusive or expanded authority, but is just seeking to upgrade its longstanding public telephone Letter to Victoria Mendez, Esq. October 29, 2018 Page 3 Submitted into the public recordf r ite ) R ._� on City Clerk local laws. The submitted permit designs show the new kiosks are in full compliance with all applicable City Code provisions and are ready for immediate implementation. As our original letter explained, pay telephones with advertising on them are expressly permitted by Article XI, Section 54-421(2) of the City Code, which provides that "the design of all pay telephone enclosures, including signage, shall be subject to the approval of the department of public works." Section 54-421 is a part of a comprehensive set of regulations applicable to pay telephones that the City adopted in 2000 through Ordinance 11937. Sections 54-411 through 54-439 create a unified application procedure by which pay telephones, their enclosures, and their signage are submitted together for approval by the City. The permitting process is essential for the City's compliance with federal and state statutory provisions that authorize payphone service providers to install their facilities—with advertising on them—in the City's rights-of-way. Despite the fact that FATC's permits have been approved with advertising as clearly part of the package, and the fact that the City has been accepting advertising and permit fees for almost two decades, some in the legal staff are contending that such repeated permit approvals and acceptance of advertising specific fees somehow does not constitute approval or authorization for such advertising. This position completely ignores the policy that has been established by the City repeatedly over the course of 18 years and the fact that advertising on the FATC pay telephone enclosures pre -date the pilot program that City staff continuous to erroneously misinterpret. I note that the approval was provided both before and after the passage of Section 337.408(7), Florida Statutes, which, in relevant part, requires the City to allow advertising on public pay telephones when the stated conditions met: "A public pay telephone, including advertising displayed thereon, may be installed within the right-of-way limits of any municipal ... road, except on a limited access highway, if the pay telephone is installed by a provider duly authorized and regulated by the Public Service Commission .... if the pay telephone is operated in accordance with all applicable state and federal telecommunications regulations, and if written authorization has been given to a public pay telephone provider by the appropriate municipal or county government." (Emphasis added). In other words, once the City authorizes installation of public pay telephones, as it is required to do and has done, to comply with the federal law, it also must approve advertising on those public pay telephones to not run afoul of state law. Section 337.408(7), Florida Statutes, further provides: "Each advertisement must be limited to a size no greater than 8 square feet, and a public pay telephone booth may not display more than three advertisements at any given time. An advertisement is not allowed on public pay telephones located in rest areas, welcome centers, or other such facilities located on an interstate highway." FATC's past advertisements on its pay telephone and its proposed future advertisements on its pay telephones fully comply with these requirements. To date, the City has Letter to Victoria Mendez, Esq. October 29, 2018 Page 4 Submitted into the pub& record to ite s) on I . City Clerk acknowledged its obligation to approve the advertising component of FATC's pay telephone kiosk installations, in compliance with the City's obligation under section 337.408(7), Florida Statutes, through its repeated processing and acceptance of FATC's permits and payments — which have included both the pay telephone and advertising components as one as is explicitly recognized as part and parcel of a pay telephone enclosure in state law. To now suggest that the City's actions for almost two decades have been based on an expired 1 year pilot program ignores the facts and the intervening law. Moreover, such an interpretation ignores the clear policy established by the City for treating pay telephone deployments, including enclosure advertising on public rights of way. Both before and long after expiration of the pilot program, the City has continued authorizing FATC public pay telephone installations with enclosure advertising as part of its consolidated permitting process. Once the state of Florida adopted section 337.408(7), the City's continued permitting and authorization for deployment of FATC public pay telephone enclosures with advertising has only confirmed the City's policy and the clear legality of such deployments that are fully consistent with state law. The prohibitions in City Code Sections 54-8 and 54-9 would not apply to FATC due to the express "authorization" that section 54-421(2) provides for signage. This is an authorization which is "hereinafter provided" by its own code. Reading the City's Code differently, as authorizing the City to prohibit advertising on public pay telephones, would bring the City Code into conflict with state law. I want to make clear that the City cannot interfere with the telecommunications services that FATC provides through its pay telephones. The Federal Telecommunications Act of 1996 ("FTA") expressly prohibits state and local governments from imposing barriers that limit the ability of payphone companies to provide their services. In pertinent part, the FTA states: "No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." 47 U.S.C.§ 253(a). Section 337.408(7), Florida Statutes, implements this federal mandate. The express inclusion of public pay telephone enclosure advertising in this section of Florida law represents an implicit acknowledgement of the important role that such advertising plays in supporting the placement of public communications services in the State. Various Miami City Commissioners have acknowledged this vital support relationship on the record during public consideration of pay telephone issues. Moreover, there is no provision in Florida Statutes that supports or provides authority for the City to bifurcate the placement of public pay telephone terminals and the associated enclosure advertising. Instead, enclosure advertising has become an integral component which helps subsidize the operational and maintenance costs of providing such communication and emergency service access to no or nominal costs to local governments and the pay telephone end user. Letter to Victoria Mendez, Esq. October 29, 2018 Page 5 Submitted into the public record fo ite s on ( City Clerk Both federal and state laws preserve limited regulatory authority for local governments over payphone providers, however, such authority is circumscribed. The FTA states that cities and counties retain authority to "manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government." 47 U.S.C. §253(c) (emphasis added). State law provides that cities can "prescribe and enforce reasonable rules or regulations with reference to the placing and maintaining across, on, or within the right-of-way limits of any road or publicly owned rail corridors under their respective jurisdictions any electric transmission, voice, telegraph, data, or other communications services lines or wireless facilities." Fla. Stat. § 337.401(1)(a). State law also expressly governs, as noted, the size and number of advertisements allowed on pay telephone kiosks. Fla. Stat. § 337.408(7). These federal and state laws work together to ensure that public pay telephones will continue to be economically viable and compliant with local codes, even though payphone usage has significantly decreased in the advent of wireless services. FATC's public pay telephones in Miami continue to serve a vital public interest by ensuring that people who do not have or who cannot afford cellular telephone service are still able to connect to the nation's phones system and engage in essential access to communication and emergency services. In Miami, pay telephones are particularly significant because many tourists from foreign countries come here without cellular phones that can access our public communication facilities. The pay telephones also provide an emergency lifeline for individuals who have lost, forgotten, or failed to recharge their cellular phones. In hurricanes, when cellular towers are damaged, pay telephones have proven to be particularly essential. When upgraded, the new pay telephone kiosks will provide a safety net for communications in the City — utilizing both wireless and underground hardwired - redundant connectivity. The next generation FATC pay telephone kiosks will also offer significant emergency functionality, serving as key points for dissemination of a wide variety of information about conditions in the City, emergency evacuation routes, etc. while also giving the City a distinctly modern and user-friendly tool. FATC has maintained public telephones on a high quality and fully lawful basis in the City's rights-of-way on continuous basis ever since 1986 — spanning over three decades of service to the City and its residents/visitors. In 2000, at the City's invitation, FATC submitted an innovative and then new pay telephone kiosk design, including enclosure advertising, for approval pursuant to Article XI. The City had infornially solicited and subsequently approved this new design. Since then, the City has issued permits for each of the FATC pay telephones, including enclosure advertising installed in the City's rights-of-way, on a yearly basis for the past 18 years. Section 54-414(c) of the City Code provides that these permits "shall continue in full force and effect so long as the permittee is in compliance with this article, and all applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose." In other words, the permits cannot simply be revoked, and the City cannot Submitted into the publc'c,..,, Letter to Victoria Mendez, Esq. record fo ite s October 29, 2018 on 2 City Clerk Page 6 simply change its long standing policy and treatment. Accordingly, FATC is entitled to have its pending permits granted and to begin its upgrade program now. The City has required FATC to provide the Department of Public Works with quarterly inspection reports and certified revenue statements (specifically reporting enclosure advertising revenues) and has had enjoyed the benefit of the advertising related permit fees paid by FATC throughout this extended period. FATC has acceded to each and every one of the City's demands in these regards by making all required filings and payments. In fact, FATC may be the only company occupying the rights of way in the City of Miami that has been audited on numerous occasions. The City has acknowledged and approved FATC'S enclosure advertising, both by (1) accepting, inspecting and approving annual permits which included clear evidence of such advertising; and (2) by reviewing, accepting and enjoying the benefits of related pay telephone enclosure advertising quarterly fees for the past 18 years. As an additional public benefit, FATC also has provided the City with access to numerous advertising panels for City public service initiatives — free of charge — and intends to continue doing so on its upgraded facilities. The current advertising revenue sharing program began on May 10, 2001, initially, under a 1 -year pilot program approved by City Resolution 01-449. The Resolution recognized that "limited advertising may be necessary to offset the increased cost of the new standardized pay telephone enclosures." Although that pilot program expired at the end of the designated 1 year period, the City has continued to permit FATC's pay telephones yearly on an unabated basis for almost two decades since, and has continued to collect fees and review supporting documentation for enclosure advertising revenue based fees throughout this entire period. Moreover, the initial 2001 "letter agreement exhibit" that documented the program requirements made explicitly clear that FATC had already legally obtained pay telephone kiosk permits for units that included advertising (signs/signage/advertising/kiosks) pursuant to Article XI (Sections 54-411 through 54-439) predating the program, thus establishing City approval/authorization independent of a 1 -year pilot program. To date, the pertinent language of the City's pay telephone ordinance remains unchanged. FATC has complied with all provisions of the ordinance and all of the City's informal demands beyond the ordinance. There is no lawful basis to withhold approval of FATC's pending permit applications seeking to upgrade its public pay telephone terminals on City rights of ways. In considering whether my client is being afforded fair and equal treatment in these circumstances, it is worth noting that there are others who currently display digital/static advertising within the City's rights-of-way similar to the type of advertising contemplated by FATC's pending permits. To allow similar digital/static advertising on City rights-of-way, while denying FATC the same opportunity is unfair and unlawful under well settled court precedent. Moreover, the First and Fourteenth Amendments of the U.S. Constitution also restrict the City's authority to regulate the content of advertising or to discriminate against particular providers of Letter to Victoria Mendez, Esq. October 29, 2018 Page 7 Submitted into the public record tor iten s on City Clerk advertising in the manner apparently contemplated. See Sorrell v. IMS Health Inc., 131 S.Ct. 2653 (2011) (invalidating state law that applied to particular providers of speech but not others). The City is at liberty to consider amending Article XI of Chapter 54 to formalize its long standing and process on a going forward basis, which has been in place for the past 18 years, and FATC is amenable to assisting the City in that process. In this regard, FATC was requested to and did submit to City staff a set of proposed amendments to the current City Code, which we understand remains under review per City staff since August. In stark contrast, the recently obtained public records responses have shown that the City has been working on a draft amendments of its own, without disclosing this fact to FATC. On September 20, 2018, FATC met with City staff to discuss FATC's proposed Code revisions and the possibility of a "non-exclusive" Request for Proposal ("RFP") that was said to be in early internal draft format only. Contrary to representations made at the meeting, other public records revealed a "sense of urgency" to release an exclusive RFP in August or soon thereafter. Disappointingly, despite numerous representations to the contrary, City Staffs draft RFP and Ordinance documents did not contemplate continued competitive provision of public pay telephone services and associated enclosure advertising on City rights of way. Instead, the records responses evidence any intent to award an exclusive RFP in a manner that would displace FAT entirely and permanently. Of even greater concern is the revelation that one or both of these documents have been shared unilaterally with lobbyists of a competitive kiosk provider. It is our client's position that any RFP scheme aimed at or which has the effect of establishing a single franchisee for public pay telephone service, including associated enclosure advertising, on City rights of way would run afoul of both federal and state law. The Federal Communications Commission has said that Section 253 "explicitly preempts state and local legal requirements. " In the Matter of Classic Telephone, Inc., 11 FCCR 13082, 1996 FCC Lexis ¶50. The heart of § 253 is subsection (a), which prohibits state and local governments from passing laws or other regulations that "may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." 47 U.S.C. § 253(a). It is beyond dispute that subsection (a) imposes a substantive limitation on the authority of state and local governments to regulate telecommunications. BellSouth Telecomms., Inc. v. Town of Palm Beach, 252 F.3d 1169, 1186 (11th Cir. 2001). The overall test of whether a local regulation violates section 253(a) is whether the regulation .'.materially inhibits or limits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment."' TCG N.Y., Inc. v. City of White Plains, 305 F.3d 67, 76 (2d Cir. 2002) (quoting Cal. Payphone Assn, 12 F.C.C.R. 14191 (1997)). It is without question that by stripping away the inherent support afforded by pay telephone enclosure Letter to Victoria Mendez, Esq. October 29, 2018 Page 9 Submitted into the publi record fo ite s) on_2 I2 City Clerk "some"—far from unchecked—power to manage their rights of way and that "cities must not raise barriers to entry that are discriminatory or not competitively neutral." Similarly, in NextG Networks of NY, Inc. v. City of New York, 513 F.3d 49 (2d Cir. 2008), the Second Circuit said that "the purpose of Section 253 is to impose some limitation on the ability of state and local governments to regulate telecommunications but not to interfere with the right of such I, to impose reasonable charges for the concomitant use of public property." Id. at 53. Other federal appellate courts also have been clear that Section 253(c) does not, by authorizing regulation to maintain order in rights-of-way, authorize cities to impose anti-competitive restrictions. See P.R. Tel. Co. v. Municipality of Guayanilla, 450 F.3d 9, 19 (1st Cir. 2006); N.J. Payphone Ass'n, 299 F.3d at 235; Qwest Corp. v. City of Santa Fe, 380 F.3d 1258, 1269-73 (10th Cir. 2004). Section 364.01, Florida Statutes, grants to the Florida Public Service Commission exclusive jurisdiction over the regulation of telecommunications companies within Florida and this "clearly [includes] the power to regulate pay phones." BellSouth Telecomms., 252 F.3d at 1177. A limited exception to this exclusive jurisdiction is provided in section 337.401(3)(b), Florida Statutes, which states: Each municipality and county retains the authority to regulate and manage municipal and county roads or rights-of-way in exercising its police power. Any rules or regulations adopted by a municipality or county which govern the occupation of its roads or rights-of-way by providers of communications services must be related to the placement or maintenance of facilities in such roads or rights-of-way, must be reasonable and non-discriminatory, and may include only those matters necessary to manage the roads or rights-of-way of the municipality or county. (Emphasis added) The Eleventh Circuit, interpreting this provision, has made clear that for "a regulation over a telecommunications company's facilities in a municipal and county road or the public rights-of-way to be valid, the regulation must be (1) related to the placement or maintenance of facilities in municipal and county roads or the public rights-of-way; (2) reasonable and non- discriminatory; and (3) necessary to the management of such roads and public rights-of-way." Fla. Pub. Telecomms. Ass'n v. City of Miami Beach, 321 F.3d 1046 (11th Cir. 2003). An RFP scheme which aims to eliminate competition through the selection of a single franchisee, even if only for one essential component of the overall service, would not meet any of these requirements. Suppression of competition by denying FATC the opportunity to upgrading its facilities, including digital advertising and other next generation services, does not relate to placement or maintenance of such activities, is inherently discriminatory against FATC who is willing to provide such services on the same terms as others, and is wholly unnecessary to manage City roads and public rights-of-way. Letter to Victoria Mendez, Esq. October 29, 2018 Page 8 Submitted into the pub,]ic record fo ite (s) on—J1117,111. City Clerk advertising, the City would effectuate a policy change that would materially inhibit and in fact prohibit, the deployment of next generation pay telephone kiosks in Miami. The FCC also has taken a narrow view of the types of regulation which Section 253(c) excludes from Section 253(a). It has ruled that: [T]ypes of activities that fall within the sphere of appropriate right-of-way management ... include coordination of construction schedules, determination of insurance, bonding and indemnity requirements, establishment and enforcement of building codes, and keeping track of the various systems using the rights-of- way to prevent interference between them. TCI Cablevision, 9 Communications Rep. at ¶103. It is evident that the bifurcation of pay telephone terminal deployment and associated pay telephone enclosure advertising, go well beyond powers afforded to cities with respect to permitted rights of way management activities. A local ordinance need not be total or insurmountable to violate section 253(a), TCG, 305 F.3d at 76. It is enough that local regulation "materially inhibits or limits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment." Id. The FCC's view on this issue, which must be given deference, has been consistent. See, e.g., In the Matter of Classic Telephone, 11 FCCR 13082, 1996 FCC LEXIS 5414 (1996); Matter of the State of Minnesota, 14 FCCR 21697, 1997 FCC LEXIS 6558 (1999) ¶¶3, 9 ("[T]he State's action, effectively granting an exclusive license to developer, appears fundamentally inconsistent with the primary goal of the Telecommunications Act of 1996, to replace exclusivity with competition." Section 253 was "designed to ensure that state and/or local authorities cannot frustrate the 1996 Act's explicit goal of opening all markets to competition"). Adhering to the FCC's opinions, the Third Circuit held in New Jersey Payphone Association v. Town of West New York, 299 F.3d 235, 242 (3d Cir. 2002), that: There can be no question that designating a single company as authorized to provide payphones in the public rights of way in a large geographical area which currently is served by multiple companies, and which is capable of accommodating [numerous] separate telephones, reduces competition and constitutes a barrier to entry. The deliberate creation of scarcity by the Town in this case is directly at odds with the letter and spirit of TCA. Facilitating the upgrade of the existing facilities with technologically advanced kiosks will spur further innovation and competition among Florida certificated pay telephone providers, and should encourage greater participation by a multitude of providers in the Miami market as the well-established telecommunications regulatory framework requires. In City of Rome v. Verizon Communications, Inc., 362 F.3d 168, 181 (2d Cir. 2004), the Second Circuit recognized that Congress only intended that Section 253(c) would give cities Letter to Victoria Mendez, Esq. October 29, 2018 Page 10 Submitted into the public record tiIZ��S) °n (� City Clerk Moreover, such a regulation would violate FATC's fundamental right as a telecommunications company under Florida law to occupy public rights of way throughout the State, including in Miami, under reasonable and non-discriminatory terms. Instead, City staff s draft RFP disclosed in response to the public records request, would require FATC to discontinue public pay telephone service in Miami after nearly 30 years of providing a continuous critical service to the community. Once again, it is most disappointing that certain City staff members have chosen to misrepresent the actual direction being pursued by the City and have chosen to selectively share the actual working documentation with only certain parties of their choosing while denying the existence of such documents or activities when inquiries have been made on FATC's behalf. FATC is the only current Florida Public Service Commission certificated pay telephone company permitted to occupy the City of Miami right of way. FATC is open to having additional certificated pay telephone providers and FATC does not dispute that the City has the ability to enter nonexclusive franchise agreements that complement the City's ordinances setting forth reasonable regulations for use of its rights-of-way and the associated payment of fees for use of those rights-of-way. See BellSouth Telecomms., Inc. v. City of Coral Springs, 42 F. Supp. 2d 1304, 1309 (S.D. Fla. 1999) (upholding nonexclusive franchise requirement). However, the current RFP which would allow the award of a single exclusive franchise in Florida is in direct violation of both federal and state law. Notwithstanding whether the city RFP scheme is in conflict with established law, FATC has filed and is pending approval of Right of Way permits for the next generation pay telephone kiosk which meet all applicable laws and codes. The City has had the benefit of a full review of the structural, electrical and engineering designs consistent with the scope of review afforded cities and must act on the complete permit application without further delay and in accordance with current Florida law and City policy. I will appreciate you advising technical staff to work with us cooperatively to complete the processing of these permits no later than December 3, 2018. Please be advised that if FATC is unable to receive its lawfully entitled approvals to upgrade existing public pay telephone units in accordance with City law and policy by such date, we will be left with no other alternative but to seek all available legal remedies to secure our well establish rights. If you would like to discuss any of these issues, please call me. My direct line is 305- 376-6007. Sincerely, /s/ Thomas R. Julin Attorney for First American Telecommunication Corporation Enclosures Letter to Victoria Mendez, Esq. October 29, 2018 Page 11 Submitted into the public2. record to it- (s) � L on City Clerk cc: Estrellita S. Sibila, Esq. Goran Dragoslavic, President, First American Telecommunications Corp. Guy Strempack, Esq., First American Telecommunications Corp. Bruce Wayne Renard, Esq., First American Telecommunications Corp. Simon Ferro, Esq. Amy Brigham Boulris, Esq. C-3UNSTER F FLORIDA'S LAW FIRM FOR BU S1NE55 April 5, 2013 The Honorable Marc Sarnoff Chairman, City of Miami Commission 3500 Pan American Drive Miami, FL 33133 Submitted into the public i'ccorti for ite (s) ��• '>n City Clerk Writer's E -Mail: aboulds@gunster.com Writer's Direct Dial: (305)376-6062 re: First American Telecommunication Corporation Validity of Pay Phone Kiosk Permits Dear Commissioner Sarnoff: We represent First American Telecommunication Corporation ("FATC"), and respectfully submit this letter on its behalf in response to your request that FATC provide the basis of its position that its payphone kiosks within City rights of way, and the advertising panels on them, are lawfully placed and legally permitted. (We have obtained the permission of the City Attorney's office to transmit this letter to you directly, and a copy is being transmitted to that office concurrently with transmission to you.) Payphones with advertising signage such as the ones maintained by FATC are expressly permitted by City Code. In 2000, the City enacted comprehensive regulations for pay telephones within City rights of way through adoption of Ordinance 11937 (Tab 1), codified as Article XI of Chapter 54 of the City Code. (Tab 2).' Article XI, Chapter 54 expressly authorizes a unified application procedure by which pay telephones, enclosures, and signage may be submitted together for approval by the department of public works. See §§ 54- 421(2), 54-414. The permitting process set forth in Article XI, Chapter 54 harmonizes with state statutory law that also expressly authorizes the placement of public pay telephones with associated advertising within municipal rights of way upon written authorization from a municipality (§ 337.408(7), Florida Statutes at Tab 3). FATC has legally maintained pay phones in City rights of way since 1986. In year 2000, FATC submitted a public phone kiosk design, pursuant to Article XI, Chapter 54, at the invitation of the City to propose a kiosk similar to that which I Article XI of Chapter 54 was amended in 2009 by Ordinance 13195 and in 2010 by Ordinance 13087 (copies included at Tab 1). FATC has complied with all applicable provisions of these amendments, now also codified in Article XI, Chapter 54. One Biscayne Tower 2 South Biscayne Boulevard, Suite 3400 Miami. FL 33131 p 305-376-6000 f 305-376-6010 GUNSTER.COM Fort Lauderdale I Jacksonville I Miami I Palm Beach I Stuart I Tallahassee I Tampa I The Florida Keys I Vero Beach I West Palm Beach The Honorable Marc Sarnoff April 5, 2013 Page 2 :Submitted into the public= record f ite s) on =_ City Clerk City staff had observed in other Cities across the United States. The City approved that kiosk design in 2000 (see stamped drawings at Tab 4). Continuously since their initial deployment, FATC has annually renewed permits for these phone kiosks, pursuant to the application and renewal procedures of Chapter 54. FATC annually submits an application for each telephone kiosk with a depiction of the kiosk and its advertising panels. Approvals / renewals are typically indicated by issuance of a certified confirmation letter from the department of public works, enclosing the permit stickers required by Chapter 54. (See 2012 permit confirmation letter at Tab 5). Chapter 54 provides that such permits shall continue in full force and effect so long as the permittee is in compliance with Article XI at §54- 413(c).FATC pay phones remain in compliance with Chapter 54 and there are no grounds for revocation. Not only does Chapter 54 require a unified permitting procedure for phones, enclosures and signage, but the City's permitting of FATC's telephone kiosks has expressly acknowledged the permitting of associated advertising through the permitting condition that FATC remit a share of advertising revenues to the City. (See for example, the 2012 permit confirmation letter which acknowledges that the permitted telephone structures must be free of graffiti, etc., except for advertising "where permitted" and specifically references the "required revenue sharing contribution.") Accordingly, any assertion that advertising was not approved by the department along with approval of the telephone kiosks is not supported in the code or the permitting record. Notably, the provisions of Chapter 54 relating to the permitting of pay phone advertising kiosks within City rights of way predated and survived a one year pilot program, conducted in 2001, in which FATC participated pursuant to City Resolution 01-449 (Tab 6). Resolution 01-449 sought to increase standardization of the appearance of pay phone advertising kiosks, and provided that, at the conclusion of the pilot program, the City "may consider" any resulting recommendations for possible amendment to Chapter 54. While FATC completely fulfilled its commitments under the pilot program (including an agreement not to advertise tobacco or liquor during the period of the pilot program), the City elected not to amend Chapter 54 based on the outcome of the pilot program. Accordingly, FATC has continued to operate under the generally applicable provisions of Chapter 54 which do not include any prohibition on tobacco or liquor advertising. FATC's participation in that pilot program did not limit or alter its rights to be an applicant and to receive permit renewals under Chapter 54 after the pilot program ended. Gunster, Yoakley & Stewart, P.A. ATTORNEYS AT LAW The Honorable Marc Sarnoff April 5, 2013 Page 3 Submitted into the public rt.c Mrd U ite (s _ R ,, Z City Clerk We hope this letter satisfactorily addresses your inquiry. Respectfully, Any'igl'�n'Boulds cc: Julie Bru, City of Miami Attorney MIA -ACTIVE 4076411.1 Gunster, Yoakley & Stewart, P.A. ATTORNEYS AT LAW Submitted into the public . record fiqr ite (s) -VL .I- on City Clerk Tab 1 Submitted into the public " . record `1EL. (s) on City Clerk J-00-580 6/29/00 ORDINANCE NO_ 1.1 9 3 7 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS 'AMENDED, ENTITLED "STREETS AND SIDEWALKS, USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES", TO PROVIDE FOR UNIFORM PROCEDURES RELATING TO THE, GRANTING OF PERMITS FOR THE CONSTRUCTION, INS'T'ALLATION, OPERATION AND MAINTENANCE OF PAY TELEPHONES IN THE CITY'S PUBLIC RIGS -OF -WAY, TO ENSURE CONFORMANCE WITH THE POLICIES AND .PROCEDURES OF THE FLORIDA PUBLIC SERVICE COMMISSION ("PSC") AS IT RELATES TO PAY TELEPHONES, TO PROVIDE FOR THE REVOCATION OF PAY - TELEPHONE PERMITS FOR NONCONFORMANCE WITH THIS ORDINANCE, AND TO PROVIDE FOR UNIFORM COMPENSATION FOR THE COST OF REGULATION AND ADMINISTRATION OF THE PROVISIONS CONTAINED IN THIS ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 54-41i THROUGH 54-429; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in '1993, the City adopted Ordinance No. 110'99, (codified as Sections 54-411 through 54-429 of the Code of the City of Miami, Florida, as amended) which authorized the installation of pay telephones on or over public streets and sidewalks,. subject to certain conditions and the payment of permit and user fees and setting forth terms and conditions for permits to be issued to pay telephone companies; and WHEREAS, the City has determined that pay telephones are an essential service to public convenience and interest, that it is 1937 Submitted into the puvli - • record f ite on _ City Clerk necessary to reinforce the ability of the City to regulate the construction, installation, operation, maintenance, repair, and use of these pay telephones to minimize the safety hazard and inconvenience to pedestrians, resiints and other citizens; and WHEREAS, it is necessary to, ensure compliance with the policies and procedures of the Florida Public Service Commission (`PSC'); and WHEREAS, it is necessary to assess a uniform. annual permit fee that will cover the costs of administration, regulation, and enforcement of the pay telephone provisions contained in this ordinance; NOW, THEREFORE, BE IT ORDAIN® BY THE commISsION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein an-if'fully set Forth in this Section. Section 2. Chapter 54, Artitle XI, of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars : l/ "ARTICLE XI_ USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION. OF PAY TELEPHONES v words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. - 11937 Page 2 of 23 Submitted into the public recordfo itehj--­-C�it ony Clerk Sec. 54-411. Statement of purpose. The city commission hereby finds and declares that it is necessary and reasonable for this article., (1) To regulate the erection, cgnstruction, reconstruction, irst4llation, operation, maintenance, dismantling, testing, repair and use of pPay tTelephones in, upon, along, across, above, over, under or infringing upon _-y ___ _ete ___tt the -Streets or eSidewalks within the corporate limits of the e_rity, as now or in the future may exist; (2) To provide the eQity with compensation. for occupation and use pf the eCity's Streets or Sidewalks rights of vm,jr for figay tTelephones; and (3) To provide the department of public works of the eCity with compensation for the cost Of regulation imposed by this article or,. pPay Telephones. Sec. 54-412. Definitions. For the purposes of this article and any agreement in accordance herewith, the following terms, phrases, words and their. derivations shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the eCity ecommission and/or with F.S. ch_ 337, as. amended: City shall mean. the City of Miami, Florida, its elected officials, agents and employees. Department; shall mean the director of the public works department of the City of .Miami or his/her designee. Pay -t-Telephone shall mean any self-service or coin- or credit -card -operated telephone, including enclosures, or bank of such telephones -placed adjacent to each other, ptib3-ie—at!eeets--ei, sidewalies withirrthe —ems. Pay -e.Telephone pgermit. agent shall meati the document by which a privilege is granted by the eZity to authorize a p2erson to erect, construct, reconstruct, install, operate, maintain, dismantle, test, repair and use p-Zay Telephones occupying the eStreets emd or agidewalks within the e -City. Any pP-ay Page 3 of 23 - 11937 Submitted into the public record fits (s) on -AITI U I q City Clerk tTelephone pgermit etgreeamm issued in accordance herewith shall be a nonexclusive eg __men -n' shale- be Permittee shall mean any pgerson issued a permit in accordance with the provisions of this article responsible for erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of p. -Pay tTelephones 3a—efl� s ze —ea eetee --W4 ocgmbying the sStreets or ssidewalks within the erity. Person shall mean an individual, business, firm, corporation, association, partnership or other organization or group,of pPersohs.' Sidewalk shall mean that area reserved for the public use of pedestrian traffic within the eCity's zoned rights-of-way. Street shall mean all that area reserved for the public use for public rights-of-way purposes and shall include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts, concourses, bridges, cul-de-sacs, tunnels, waterways, parks, roadways, parkways, alleys and gSidewalks. Sec. 54-413. Pgy TeliMbLone permit agseemen required] leWth of permit -Fine and r�r I of pav tsZephoae (s) for Rlacement ZjtjWut permit or cWMifica on. (a) No person may place or maintain any $Pay tTelephone on or above any a treet or eSidewalk in the corporate limits of the amity without having first* obtained entered into a pPay tTelephone pPermit agreement with, from the eCity as provided in this article. (b) Any pPay tTelephone pPermit ___.._nt;e issued by the eCity in accordance herewith shall be a nonexclusive permit for the use of the estreets or §Sidewalks within the e!ity for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pgay tTelephones. (c) Any p$ay tTelephone pgermit issued by the eCity shall continue in full force and effect so long as the pPermittee is in compliance with this article, and all .applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose. 1.1937 Page 4 of 23 Submitted into the public record fQr ite (s) on It/_ City Clerk (d) In the event any 'pF-ay *,Telephone pgermit shall be 'revoked, the applicable Vgay *Telephones(s) shall be removed from,the sZtreets and = sgidewalks in accordance with the provisions of.this article. current valid Public Service Commission Certification_ shall result in removal of the Pay Telephone (s) by the City. The owner shall be assessed a 5200 fine per Pay Te�hone_ and storage_ costs in accordance with tion 54-422( Sec. 54-414. Pay Telephane-Pezmit application. with section 54-418. shall be filed with the department of public works for each Pay Telephone requested. (2) Bond—in accordance with section 54-423. (3) Indemnification/hold harmless agreement, in accordance with section 54-424- (4) Insurance, in accordance with section 54-424- (5) Approval for provision of -service from local service provider (e ci BellSouth) showing telep-hgne -number of uroWsed Pam Telephone (if available). The provider shall notify the City in, writing of - any telephone number change for an agproved/permited Pay Telephone. Page 5 of 23 .11937 Submitted into the polic record for ite s —FL. 1. on City Clerk j1) Each Pay Telep_hane provider shall subMiit in writing to the director of the department of public works within fifteen (15) calendar. days from July 1. 2000, a letter setting forth the express intent to retain and permit, in accordance with subsection 54-414(c)(2) thru (3). all current Pay Telephone locgtio-= for a three-year term (with permit fee due annually) and providing a list of these locations or, alternatively, setting forth those specific locations that the Pay Telephone povvider_desires to retain and permit and those specific locations that the Pay Telephone provider no longer desires to ocglIpy and does not intend to permit. Any Ray 7el2phone currently naLallf=d in a location that a provider does not inland to ==it, . in accordance with this article; Must be ,removed ;2rjor tc oc:;ober 1, 2000, July 1, 2000, a completed Fay Telephone Permit application. in accordance with this article, along with the Pay Telephone Permit ap6lication fee, in accordance with section 54-418, for each Pav Telephone to be itted. 4) Each Pay Tele nhone __vro er_shall be required XgWLO JKO •J1 `• *. •sem _ -• - • .111.• � -_?• • • • _ - ". •h• 7. _ T z 01-7 Page 6 of 23 11937 Submitted into the public record f9r ite s) �� , r _ n 1 City Clerk • - - !- . - ,,,, „_ .- _..fir.*:� .#_ �. - -•fir*- • �• � j. (e) All permit gMlications submitted in accordance with (d) above. as well as any other permit annlications submitted to the department of public works after October 1. 2000. shall be awarded on a first come, first serve basis. (f) Once the Pay Telephone Permit is approved, a decal will be issued to the provider for placement on the Pay Telephone in a manner such that it is easily visible tocode enforcement personnel. (a) At anytime during the three (3) year term of a specific permit, the Pay Telephone provider may voluntarily notify the director of public works. in writinQ._of an intent to removes the Pay Telephone section -54-422. Sec. 5144:4. Pay Telephone Permit locations. Sec. 54-415. (a) Any pPay tTelephone pPermit issued in accordance herewith shall apply only to the location or locations stated on the pPay Telephone pPermit or pPermits. (b) The location and means of installation of pPay t7Telephones shall be subject to the department's approval. (c) Nothing in this article shall be construed as a representatioin, promise or guarantee by the e-C_ity that any other permit or other authorization required under any e'City ordinance for the installation of pPay t-Telephone(s) shall be issued. The requirements for any and all other permits as may be required by any eCity ordinance —incl ng --the rghte a# way- _til�r,L peemit- shall still apply and all other applicable permit fees shall still be due. Page 7 of 23 - 11937 Submitted into the pubic . record f r ite (s) on City Clerk See. S 4 r__ Teebu .cal standards. Sec • 54-!L16. All technical standards governing- construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pp -ay t -Telephones provided for herein shall be in accordance with all applicable federal, state and local laws and regulations, including but not limited to the most recent editions of the South Florida Building Code, National Electrical Code and the National Electrical Safety Code. Bee 54 41-0. Powers and duties of eCity public works Sec. 54-417. Director. The public works director -or his authorized designee shall have the following powers and duties: (1) Receive and review applications for pgay t1elephone pPermits; (2) Review and cause to be audited all reports and filings submitted by the pparmittee to the eCity pursuant to this article] and (3) Promulgate and regularly review, as needed., regulations regarding the construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of any. $Pay -tTelephone (s) established by pPay Telephone pPermit in accordance herewith. 5 "'"'. compensation for permit late fee•. Sec. 54-418. revocation and rgkg_V_ el of Parr Telephone s) for nonpaymesxt. (a) The initial nonrefundable fee payable by an applicant for a permit at the time of application for installation of pPay t -Telephones shall be $200.00 for each pPay Telephone requested to be installed pursuant to this article. (b). There shall also be ala annual germit esee fee of 8150 per year gear Pay Te hone imposed for the ad -ministration _and_recailation of Pav Tel_enhones in and tjbg use or occupancy of the agtreete aad �e$idewalks of the eQity� L� eeoist� a a pereentage of yesealleeted by-- the —Ve "e-- gram sash pa te4e o this &L-6kele swbjeeb te--areal + –fee • f $199--00 pertyeae per pay el--` a fte, Page 8 of 23 _ 11937 Submitted into the public record fo item s)�� (. �L _ on City Clerk nn $449.99 44 -$359 .69 $419.99 $459.99 and ever 44 J'�..�.�2L 1._ ��e �aexr fee abeove she! £.eek - tie eAse --sa-3 ear the � - pa -___-._ Cil zaeatien— The nale ___ter__,...._ t Pax eel-- in en a quarterly boe Le..e Telephor�e subseetion -b&sks refttsc%dto (s) i s �&� _ �_ __ mw Permit %a -periribt we ed - year a_ !�� aS the eity, e= ___ the by the e!1 ty ^i __ _ori shall begin on October 1 and end on Sen, tem r 30 Th!% fee for any under applicable Law. If said fee is not received in total by the City within sixty (60) calendar days of the start of the permit year. the City shall notify e Permittee and the permit shall be revoked and the Pav Te_leohone removed..— in __ accordance_ with section 54-422. agreemeftb ill reverfte " -ems! bec-c&! fined -as ire-�ata�-o���T �erns--"gee sales, e � -e'dtT etieft ee' emy ptirpepse, resii1 t.i s Lgre . &1.1 Page 9 of 23 - 11937 Submitted into the public record fo ite (s �. on City Clerk l 1 l All fee payments shaa.l be subject to audit by the City and assessment or refund if the payment is found to be in error. 2 In the event that such audit results in an assessment by and an additional payment to the' City, such additional payment shall be subject to interest at the rate of one percent per month from the date clue until- the date paYment is m de_ (b) in the event eny fees the terms ef-tik -a2�tiele are after the nuc—dates -tete pttb4ie dae in aeeei-dattee with not -pa4 within 99days we- r_ d-___t_r--ma w4thhe�d-t=he insiaaneeal.-rete peTwAttee tu:itil- the UR-_`- g`.Off way . - raid in c_�7 Page 10 of 23 11937 Submitted into the public record foj ite s) on City Clerk Sec. 54-419. Use of eStreets ani or ssiderwalks. (a) Before commencing installation of a pPay t-Telephone(s) in any way connected with the eStreets or sSidewalks of the egity, the pPermittee shall first obtain the written approval of, and all other necessary permits from, all appropriate-eCity agencies, including but not limited to, the department of public works. Applications for such approval shall be made in the form prescribed by the director of public works or his authorized designee. Approval or denial of pPay tTelephone pPermits shall be issued by the director within iag sixty (60) calendar days of application for such permits. unless time is tolled due to an incomplete application or failure of applicant to respond to a written request from the department. (b) Upon obtaining such written approval, the pgermittee shall give the department of public works written notioe of proposed installation within a reasonable time, but in no event shall such notice be given less than ten (10) calendar days before such commencement except for emergency repairs of existing pkay ITelephories, lines or cables. (c) Any pPerson who submits a request for a permit in accordance herewith shall include therein prepesed fully executed agreements for the use. of adjacent private property, if applicable, with the awner(s) of such facilities to be used or affected by the installation of the proposed pPay tTelephone(s),– e efnent s,. 44 not --a3-iea,t p in e f f eet , —shall beepme of feet4 ter^,,.. ehe date eofer p i nn f the -fn4 t -- rar (d) It shall be unlawful -for the $Permittee or any other pPerson to open or otherwise disturb the surface of any eStreet or stSidewalk for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of. this section shall subject the pgermittes to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the eCity. 11937 Page 11 of.23 Submitted into the public record fo its (s) E�..�. on _ ti.f City Clerk. (e) The pkermittee shall restore any $$treet or sSidewalk it has disturbed in accordance with the provisions of the City's standard specifications for sStrests ead = -a$idewalks or as directed by the eCity's engineer in the field and shall, at. its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good a condition as such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner. (f) The pPermittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the. same sStreet or $Sidewalk, or remove from such street or' sSidewalk, any of its property when required to do so by the e -City because of sStreet or other public excavation, construction, repair, regrading or grading; traffic conditions; installation of sewers, drains, water pipes, eCity-owned power or signal lines, tracts;- vacation or relocation of egtreets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit. (g) Nothing in this article -or any permit issued in accordance herewith shall be construed as authorizing the g$ermittee to erect and maintain new poles in areas served by existing poles, if the poles are available for pPermittee's cable. The pgermittee shall obtain written approval from the department of public works and other appropriate eCity agencies before installing any underground conduits where none. exist. (h) The pPermittee shall keep accurate, complete and current maps and records of its facilities which occupy the sStreets,a 4 = pSidewalks within the eCity,, detailed by linear foot and shall furnish, as soon as they are available, two complete and updated copies of such maps and records, including as -built drawings, to the department of public works on an annual basis. (i) The pPermittee, upon thirty (30)- calendar days' notice by the eCity, -shall temporarily or permanently remove, adjust, raise or lower its facilities within the rights-of-way when the eCity determines that such action is needed for public use of the rights-of-way. (j) The pgermittee shall obtain the written permission of the owner, including the eCity, before it trims or prunes any tree or other vegetation. Page 12 of 23 19 37 Submitted into the public recori� r ite (s) on City Clerk (k) The pgermittee shall comply with all rules and regulations issued by the department of public works governing the construction and installation of p.Ray t-lelephones. In addition: (1) All service drops to p$ay t,Telephone shall be underground, unless otherwise determined by the department of public.works. (2) Any other pPay t-Telephone•installations may be required to be serviced underground, at - the sele disereti&n t- the—sele—disereti&n of-- he depa:rtffient of pttb? i e •�4__ in accordance with City code and departmental policy_ Sec. 54-420. Location and placement of pkay tTelephones. (a) The installation of pPay tTelephones in any manner connected with the sStreets and or esidewalks within the eCity shall be subject to approval by the department of public works and shall conform to the following requirements: (1) It shall be free of interference with the flow of pedestrians, wheelchairs or vehicular traffic. (2) It shall allow ingress or egress- from any residence or place of business. (3) It shall be free of interference with the function of traffic signs or signals, hydrants or mailboxes. (b) pay Telephones shall be placed or otherwise secured, so as to prevent their being blown down or around the sStreet or eSidewalk, but tte-j shall not be chained or otherwise secured to any traffic or sStreet signs, signals, hydrants, mailboxes or other sStreet amenities. (c) Pay tTelephones shall be placed, installed, used or maintained so as to be 'in compliance with chapter 54 of the Code. of the eCity and .shall not be located within five feet of any pedestrian crosswalk, bus stop, taxistand or counter window or within 15 feet of any fire hydrant, fire callbox, police callbox, or other emergency facility. (d) pay--telephones—shall net be pleeee'F--erc Sidewalks er-- Streets --Within 408 rLeel Of street Page 13 of 23 - 11937 Submitted into the public record t rite (s) Ly •1- on __t 7J City.Clerk . -4e}- Except for subsequent application by the same. pPermittee for the placement of an additional- pPay tTelephone adjacent to such p!ermittee's existing pPay tTelephone, the following.minimum distance requirement, measured along the route of ordinary pedestrian travel, shall apply: Unless approved in writing by the director of public works, no pPay t'Telephone shall. be placed on the Streets or Sidewalks within 44a 500 feet of any- other nyother pPay tTelephone on the sauce side of the eStreet an or a eSidewalk within' 3$0 500 feet of another pPay tTelephonein a-mu}bifra�4!y or eemmereial distrit-s deee ed ---:In erd tee-ffe. 11000, ..Le -5 inn _ of the eileyl as am nele (€$) Fay *Telephones shall not be installed. in single-family . residential or duplex residential districts, as described in Ordinance No. 11000, the zoning ordinance of the eCity, as amended. (gf.) Upon receipt by the director of public works of a written complaint by a citizen or oral or written communication from a representative of the police department, department of fire -rescue, eede eftfar___ent departtftent--,the department of public works, erfrem--a sNeighborhood eEnhancement t•Team.{NET) service center, or other City code enfor-envant personnel that the location and use of a pkay t -Telephone constitutes a meat-ta the healthandwelfaxe a€- the -eeffmaitt-itthe dire eter shall -eeRdU rbether the l e eati on- iter- : c c voffmwnity. if the-direeter finds substantial: ev4dl nee eenstitetes a threat tethe-health. and wei €are--ofthe eemmunity; a public nusiance. in accordance with of Miami, as amended, thirty (30) calendar days after proper written notice. is given to the pkermittee, he ena' _She the --department fee te�eph®ee €tern ---eke et -meet- e==idew&;Ae, ---die the Page 14 of 23 11937 Submitted into the public .1- . record fo ite s _ on City Clerk director may else order sir elaher relief ate L el__f_ €e*r, ine-itkdi !r.-regt2iring require that the pPay tTelephone to be restricted to outgoing calls only. A mthpeat--'t=e-'the —health and welfare aE the ee wwrdn taw= �j shams--mean—the wee e----8-abst-entift! -evs l as set—€evth in subseetien--(d) abeve. Permittee shall, within thirty (30) calendar days after proper written request is driven by the department, seek permission from the public keryi.ce commission to do so. (hg) In the event that a particular pPay Telephone does not meet the location and placement requiremezits set forth herein, an applicant who has otherwise met all the requirements of this article may appeal the decision of the department to the eCity mwlanager- within thirty (30) calendar days of the date of the denial v- e--f�w issue sues a eeewAt-j:f - s tma_r the _b_____. It is the obligation of the (i -h) A plan or sketch of the location of the proposed pPay tTelephone shall be prepared by the applicant and furnished to the department at the time of application, showing all required' distances as outlined under subsections (a) --(c) and (ed) of this section and in sufficient detail to describe the proposed size, location (referencing the zoned &Street and monument line), equipment and means of installation. Sec. 54-421. Stanc'iards for maintenance, installation and operation of pPay eTelephones. Pay tTelephones shall comply with the requirements of all applicable federal, state and local laws, including the applicable provisions of the Americans with Disabilities Act of 1992 and the accessibility guidelines published in accordance thereto and with the following standards: Page 15 of 23 - 11937 Submitted into the publirG record fo ite S) a on_ 11 City Clerk (1) Pay *Jilephone enclosures surrounding ppay tMelephones shall not exceed eight, feet in height, four feet in width or four feet in depth. (S2,) The design of all pL>ay t -,Telephone enclosures, including signage, shall be subject to the approval of the department of public works., (fr3-) Pay t -Telephones shall be maintained in a neat and clean condition and in good repair at all times. 3' !:nteaanee—td---ee,=iee—Pfya•� telephe.n.-e- shall ineiude, but net be !!mite te, the following. a-.---= All visible p&ifttedre,3s--shall be leept reasenably, freeofeltd:gped,-f a ele f!l-; pee3_J' a, -,a. ex:aeked-paint _ e A4 4: le4ear-plitxe-cel g1 aes parts shali be keptunbroken _.d --e-,4orabl j free of ei-aek , , , -- 01 All Paperor eexdbearrd parto s3 ismer;= tee-h.eptreaseealy free of peeling fad4 Page i6.of 23 11937 malfunetieft et the pay telephone a ref ttZel. ar to seeure (S2,) The design of all pL>ay t -,Telephone enclosures, including signage, shall be subject to the approval of the department of public works., (fr3-) Pay t -Telephones shall be maintained in a neat and clean condition and in good repair at all times. 3' !:nteaanee—td---ee,=iee—Pfya•� telephe.n.-e- shall ineiude, but net be !!mite te, the following. a-.---= All visible p&ifttedre,3s--shall be leept reasenably, freeofeltd:gped,-f a ele f!l-; pee3_J' a, -,a. ex:aeked-paint _ e A4 4: le4ear-plitxe-cel g1 aes parts shali be keptunbroken _.d --e-,4orabl j free of ei-aek , , , -- 01 All Paperor eexdbearrd parto s3 ismer;= tee-h.eptreaseealy free of peeling fad4 Page i6.of 23 11937 (1) -germs -tie the 9i3-ewie:-tqeney rmmber; a-ssrstanee tothepewee department— and depavtmeet of fire resette; r,+� • • g- - • w • • �• • - R. T fit• _. - f_ •J -.I • • . .�_ Page 17 of 23 - .11937 Submitted into the public record fo ite (s) , ,� L on City Clerk €: -- al telephone —'s Shall - be kept amt Lem thee ephe es (*A) Any ggermittee who' fails to maintain its p2.ay *•telephone in working condition way Ahall..be given a 30 -day written notice by the department to repair the ppay t-7,elephone. If the pgay t.Jelephone is not in working condition at the end of the 30 -day period after proper notice is given, the department may revoke. the permit and remove the pPay tTelephone from the street or aSidewalk, in accordance ��ii liability asd—st-ei-_ p ee- with section 54-422. The —pay a a5.. a '1 be s _ ... el within tL.- n a i t v The dees•--�.e - fee a_____ to the equipment reme t . to --this stibseetien. Any Ddu tasepayte4 ephetxe (s) has been stered by ' reme-ee4 arA this sidbi telephene(s) bet -al eests sterage-. ($) Peltee-shally dales after 4e--depa pttbliefleZ'W` tele�pheme -the— way-reelalm—sa:i' pay after paymefe-the-eity of the ineui!red dei'- its —i al within thil-ty-(30) eer.Pf,elft• proper wi--men- retest is _' =_n L. �- -i eele 'perm'iseie4't Be--e—raiss3on r.I-me-reslariet the --. j-- ., be e`e_t'ge_�g ealle „_ i bbb sta to 11Oma' 42__ rest_--t-the to de so. .Sec. 54-422. Fr__ of 'CeRA6J epetw ealirth -. ealerAar clays ate i-- E eharge posting -ef rates-,. ates,- refuad Pay Telephone Permit infie�at&en Pay Revocation; removal • generally and storage costs. (1) -germs -tie the 9i3-ewie:-tqeney rmmber; a-ssrstanee tothepewee department— and depavtmeet of fire resette; r,+� • • g- - • w • • �• • - R. T fit• _. - f_ •J -.I • • . .�_ Page 17 of 23 - .11937 Submitted into the public- recordfit} on —=. City Clerk. It 41==-_-_ .-._. 4NA n -q'.. - - • s , a ,M- - 7 Taint. (b) Eth-rFenhe he p—ted an ti llaeal coay in i i _, rates ey on the pay -r sha , ______ by the pttblie sem=viee . If the investigation referenced in (a)above finds substantial evidence that the Pay Telebhone fails -to comoly with the :terms of this article or other provision of the code of the City of Miami, as amended, or if Jbe Pay Telephone provider fails -to remit the annual vexmit fee within sixty (60-) calendar days of the start of the permit year. in from the *Street or *Sidewalk. (C) pl:aee en t! -he pay telephme or on: the pay telephane The Pay telephone so removed shall be Pay Telephones) has been removed. and stored by - the compensate the City for cogts incurred for its removal ,gnd starage. tMe artels -anti! the eiep#ration elane -` _.h raneMae--agreei+e". Any pPay. Page 18 of 23 11937 Submitted into the pubUc record fn ite s) _ on _� City Clerk See. _5 wnw fec. 54-423. Bonds. (a) of f4nanee and the city l 1 pPersons: submitting a request for a pPay tTelephone pPermit shall file with their request bonds solely for the protection of the eCity with a surety company or trust company or companies as surety or sureties in the amount sufficient to protect the eCity from any and all damages or costs suffered or incurred by the eCity as a result thereof, including but not limited to attorney's fees and• costs of any 'action or proceeding, and including • the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond, which shall not exceed the amount of $50,000.00; and the condition shall be a continuing obligation during the entire term of any ppay t -Telephone pPermit issued in accordance herewith and thereafter until the pgermittee shall have satisfied in full any and all obligations to the eCity which arise out of or pertain to the p$ay tLTelephone pFermi t . (b) None of the provisions of this section nor any bond accepted by the eCity-pursuant hereto, nor any damages recovered by the eCity thereunder, shall be construed ,to excuse the faithful performance by or limit the liability of the Permittee under this article or any pPay tTelephone permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise_ Ise. 54 425. ec. 54-424. Indemnity and ixumrance. (a) The eCity shall not at any time be liable for any injury or damage occurring to any pPerson or property from any cause whatsoever, arising from the use, operation or condition of the pgermittee's pgay t -Telephone (s) . (b) The pgermittee shall indemnify, save and hold harmless and defend the eCity from all liens; charges, claims, including but not limited to, libel,' slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; Page 19 of 23 11937 . Submitted into the public! record f r ite (s) , ion - City Clerk. actions; fines, penalties; losses; costs, including but not limited to reasonable legal fees and court costs including legal fees and court costs on appeal; judgmental injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, arising out of or in any way connected with the installation, operation, maintenance or condition of the pPerMittee's pPay t -Telephones) or the granting of the pPay t•Telephone gPermit. The granting of the pPay tTelephone pPermit agireemem is a separate and distinct consideration for the granting of this indemnity. (c) Upon the granting of a pPay Telephone pPermit and at all times during the terms of the permit, including the time for removal of facilities as provided for herein, the pL'ermittee shall obtain, pay all premiums for, and file -with the e_ityls insurance manager written evidence of payment for premiums and a certificate of insurance indicating that the following insurance policies are in effect: (1) A general comprehensive liability policy indemnifying, defending and saving harmless the eCity, its officers, boards, commissions, agents or employees from any and ,all claims by any pgerson whatsoever on account of injury to of death of a pPerson or pgersons occasioned by the operations of the ppermittee under the pgay t -Telephone permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of $500,000.00 combined single limit for personal injury or death. (2) Property damage: insurance, indemnifying, defending, and saving harmless the ecity, its officers; boards,. commissions, agents and employees from and against all claims by any pPerson whatsoever for property damage occasioned by the operation of pPermittee under the pPay tTelephone pPermit herein granted or alleged to have been so caused or occurred, with a minimum liability of $500,000.00 combined single limit for property damage. (d) All insurance policies called for herein shall naa me__tbe_ City of Miami_ as additional insured and sbA11 be in a form satisfactory to the ecity's insurance manager and shall require thiZ:tv f30 calendar days' written notice of any cancbllation to both the eCity and the pPermittee. The pPermittee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the eCity Page 20 of 23. 11937 Submitted into the public IS record fo ite (s) 'L op - City Clerk written evidence of the issuance of replacement policies within thirty (30) palendar days following receipt by the eCity or the pPermittes of any notice of. cancellation. (e) In lieu of the insurance policies as required and referenced in subsections (c) and (d) above, the pPermittee may submit: (1) A certification by a qualified independent actuary, acceptable to the eCity's insurance manager, which indicates that pPermittee has established an •actuarially sound" self- insurance program with adequate reserves and resources to provide coverage .and protection equal to or better than the requirements contained in subsections (c) and (d) above; or (2) other documentation and proof acceptable to the eCityIs director of Finance and insurance manager which indicates that pPermittee has a self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subsections (c) and (d) above. -425, Police powers. Nothing in this article or in any $Pay tTelephone pgermit issued in accordance herewith shall be construed as an abrogation by the eCity of any of its police powers. Sec. 54-42*. Sec. 54-426. Transfers; assigzmae*+ts; subleases. (a) The pPermittee shall not transfer or assign its interest in any permit issued in accordance herewith, other than a general assignment of the pPermitteels entire assets or a pledge of the assets as collateral on a loan, without the prior written authorization of the director, department of public works. For the purposes of this section, a merger of consolidation of the pgermittee with another company shall not be deemed a transfer or assignment. However, wXitten notice thereof shall be given to director of public works. (b) The p,Rermittee shall_,within ten (10) calendar days4, premrtly, i4t w it in, notify the eCity's pgublic wWorks director in writing, of any sublease, Page 21 of 23 ..1937 Submitted into the public record for ite (s) on - City Clerk license, or other agreement it enters into with any pgerson authorized to use, lease or license any or all of the' pgermittee's facilities and shall furnish the name, address and telephone number of such sublessee, licensee or other user. Sees 54 4 8% Sac., 54427. Service of Mice. All notices required to be given to the -eCity under any provision of this article shall be deemed sewed when received through the U.S, mail or delivered by.hand in writing to the eCity's public works director or to any person in charge of the department during normal business hours. Any notice required to be given to a pPermittee under any provision of this article shall be deemed given,, whether actually received or not, if sent by U.S. registered or certified mail, return receipt requested, postage prepaid, and addressed to the pPermittee at the address given in its most recently issued permit. See ._-5 4 Sec. -51-428, No liability or warranty. This article shall not be construed to create or hold the erity responsible or liable for any damage to pkersons or property by reason of arty inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any pPay t -Telephone pPermit nor the approval or disapproval of any installation authorized herein constitute any representation, guarantee or warranty of any kind by,. nor create any liability upon, the eCity or any official, agent or employee thereof." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. if any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section S. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the Page 22 of 23 1193 7 Submitted into the public record fox ite (s) (. on _ City Clerk preservation of peace, health, safety, and property of the City of Miami. Section 6. The requirement of reading thio ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four-fifths of the members of the Commission. Section 7. This ordinance shall become effective imrmediately upon its adoption and signature of the Mayor.`J PASSED AND ADOPTED BY TITLE ONLY this. '29tH day of Jar+e , 2000. JOE CAROLLO, MAYOR in accoftnes with Miami Code Seo. 2-36. since the Mayor did not Inftate approval of this iegbi don by Wgrft ft in fte designated place provided, sold legislation now becomes eid etas with the elapse otten a)clays f the d of Con of n eallon regar ft selene, without the Mayor ATTEST: J. DA16A City Clark . HALTER J. FOEMAN CITY -CLERK AND CORRECTNESS OIO VILARELIZ p oo ATTORNEY 1:YMT,RCL:BSS if the Mayor does not sign this ordinance, it shall become effective at the end of ten calendar days frau the date it was passed and adopted. if the Mayor vetoes this ordinance, it shall become effective .1 diately upon override of the veto by the City Comission. Page 23 of 23 - 11937 Submitted into the public record f rite (s) on ti G City Clerk 0 CITY OF MAW FLORIDA 0 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor amd DATE: AN ' 14 M FEE Members of tate City Commission suenecr: Emmseacy Ordinance Ametding Cbapter 54, Article Xl, Use of the Public Right"May FROM: A, FV37MENCO. For installation of Pay Telephones City Manag 1114 I - TOW t .I & Ms! • It is respectfully recommended that the City Cion adopt the attached emergency Ordinance amending Chapter 54, Article XL, of the Code of the City of Miami., Florida, as armed, entitled "Use of the Public Rights -of -Way for installation of Pay 'Telephones". This ordinance provides The unik m procedures relating to the granting of permits for the construction, installation, operation and maintenance of pay telephones in the City's public rights-of-way, ensures oonfonnance with the policies and procedures of the Florida Public Service Commission (PSC) as it rdoes to pay telephones, provides for the revocation of pay telephone permits for noaronformaaee with this ordinance, and provides for uniformcompensation for the cost of regulation and administration of this ordinance. BACKGROUND: lit 1993, the City approved Ordinance No. 11099, authorizing the installation of pay tadhom on or over public streets and si&-vm1cs, subject to certain cond'iti'on and the of permit and user. fees and setting f h+nms and conditions for permits to be issued m pay telephone companies. The My has &rimmed that pay telephones are an .essemW service to public convenience and inteaest; And it is necessary to reinforce aw ab7ity of the City to regulate the constiuctiom6 poen, operation, maintenance, repair, and use of these pay telephones to mininaim tie safety hazard and inconvenience to pa Taus, residents and other citizens; do it is nteeessaaty. to ensure compliance with the policies and procedures of the Florida Public Service Commission (PSC); and that it is nteessmy to assess a uniform annual peeomit fee that will cover the costs of a mimsbadon, regulation, and enforcement of the pay telephone ordinance. CAGSWH/A( W/eyb - 11937 Submitted into the public record fo ite (s) onJ — tCity Clerk CITY OF NMAN , FLORIDA NOTICE OF PROPOSED EMERGENCY ORDDL4NCE Notice is hereby given that the City Commission of the City of Minim, FlotW will consider the following proposed Emergency Ordinance, dispensing with the Muirement for taro sgmrata read}nM on inn 29, 2060 commencing at 10:00 am., in the City Commission Chambers, 3580 Pan American DAM MtamL Florida: ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY CONTNgSSION AMENDING CHAPTER 54, ARTICLE XL, ,OF TRE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ffiMUM "USE OF THE PUBLIC RIGHTS- OF-WAY FOR INSTALLATION OF PAY TI~ MHONES", TO PROVIDE FOR UNIFORM PROCEDURES RELATING TO THE GRANTING OF PERMITS FOR THE CONSTRUCTION, INSTALLATION, CATION AND MAINTENANCE OF PAY TELEPHONES IN THE CITY'S PUKJC RIGHTS-OF-WAY, TO ENSURE CONFORMANCE WITH THE POLICIES AND PROCEDURES OF THE FLORIDA PUBLIC SERVICE COUNJISSION (PSC) AS Tf RELATES TO PAY TELEPHONES, TO PROVIDE FOR THE REVOCATION OF PAY TELEPHONE PERMITS FOR NONCONFORMANCE WITH TWS - ORDINANCE, AND TO PROVIDE FOR UNIFORM COMPENSATION FOR THE COST OF REGULA71ON AND ADb MSTRATION OF THIS ORDINANCE, CONTA114ING A REIPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDII40 FOR AN EFFECTIVE DATE. Said proposed emergency ordinance may be bispeoled by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excinding holidays, between the hours of S a m. and S p.m. All hdmudW persons may appear' at the meeting and may be heard- with respect to the proposed emargency ordinance. Should any person denim to appeal any decision of the City Commission td& respect to any matter to be considered at this meelin& that person shall ensure that a wrbatim record of ft proceediW is made including all testimony and evidence upon which any appeal may be based. (CrIY SEAL) O WALTER J. FOEMAN Chir CLERK 11-937 MIAMI CAALY BUSINESS REVIEW FrddwS Day artcept Saturday, Sunday and tdIIIEL 0=1-t=, Florida STATE OFWIM- COUNTY OF MAtld•Of1pE Before do peBonamLapPewpo 800kke woblm% "a a oath segs tsar she is the Vice PiesidWd of lo" Adesrftetrrg A the Miami Dally Brtslness ReVi ew VW RAWij Awiwq a dally tMept Sa uday. SsrMM LegOnupand�oINS; er, ptlbRatwd a [Ntaarl in Mterrti i`r attsclud copy of advertbe- rrrant, bw`h%em cry/ AdarstiaMw9 of lrudce bf toe matter of CITY OF -MIAMI NOTICE OF PROPOSED EXERGEWY• ORDINANCE JUNE 29, 2000 Mtbe............ xxxxx..................... cow, WN PON*" M sold im"Popar In 1tM 4mm of Jun 19, 2000 AA7osr lrrlltrr mw Sat the sold Mares Daly aLmmeas Review is s -0 1' prtbAased at itN&M M salo MfanM. Dsda Caiw4, FIa I ad 0st Um saki newspaper hes MIwnHUde t -Oft Nxilry aser OF �� ►�7�Y. y and - t eget Hollftg stad Yoe Mee ent rsd as second class naH matter at toe past etfta M Mlarni in said triarm-Dade Corarty, PAditi_ftwR rarlod clam yaw next precedng no first Ptrbecias orbs a4sdied copy of advaribenIM4 end Who I RW OW site has nw0w paid nor promised saw P01w tits w aotPwafta arty d}scotm; rebate, com- m wYtdswMepwposeotsecuring tlttsadveMw meat rrdieafat Yt Mr Bald rre��wspJJeF((JJ����r.®® ........... • ...4:•1wT./JGr•�.� 19 ere this 2000 ir 7' .7 u Lin 0 ' 0 Submitted into the public record f r ite (s) on City Clerk OF r A NOTICEFOFPO "ED EMERG©RDINANCEI ishereby giveh Tat OMMISsion Of the CtityAtIAW 'l Ebdit 40 ctins"slerthe tofiovi g prbposed.Emeipency Ordutarwei dEs- P 9 wlh tt *'r' g 'trei iam fo'r tvro separate readings, on dine29, CGtAdrin ft of 10:00"a.rq , in -the City Convrriasion CherrtErers. 36tJD Parr bdVe, Niiarr�j. Flonde: • - . . �_••. �^''-' 'CiRt7tNANC�;NO.;.: '.; -'AgEi&AdENdY ORDINAfJCE O i#L NpAMi CiTY fJpkiF• . ' AMENDING. CHAPTER_ 'S I ICLE: , OF 7HE VWE OF TO CITY OF"CJ!iAMt,.f��RIDA, AS A1004DED. B4-' ` O.SD;'USE• OF -T9E*'PUBL1C 'RIGHTS-OF-WAY. FOIT Of.- ' STALLATION,OF PAY TEi..lrPHONES', TO PROVES FOR ' d PROCEDURES RtCATiNG TO- HE.GRANi1fi60F ''�rRTB�.FO,faTFiE.COI�STFiUCT{ONc•1NSTAU�471QN.�OP'- ERATiON, ANlS'MAINtENANCE•OF,'PAY TEL.FPPHON%-*1' 7}fE " TVS PUBLIC RIGHTS OF•-OFTO ENSURE CON FOHMANCE'WRM THE Pptp= AND•PRO0EWiI1ES OF - ZtfbAPUBL:IC SE%%FCOMMISSION .(PSq-ASrF .'` TES:Td'•pA'i 1'SI.EPMR, 9'O- PROWDE FOR YHE riE1i0EAri4N� tS RAY JL.POWS FOR 000 COivFOf3A4>1AtCE WCRi'F�111DCAND �0'PRO-- V�E FOR tflWFORM f30MRTFtE COST OFTIE(V.A ATIO 440Ate!WtSORDINANCE:DASEVEAABLt :. '7Y'CLAUSE i4ND jrRt�V�lrki AN�FFECrWE DATE•' . •Ssid p7oposad,anarAarrtij/ orr�rirnai !+ray 6datspFdri�ey rola' ' pubdre* tole blf'loe tit Vw:CIly Clerk, -moo Pan A ihicsa bewv. : '=LSaia( Floirda; tAnt>itay''tlnnugh"F(iday. eisWidtrils.be-' • tureen itr! hoirrs'ot ep.mands p.m. � • -Al hilemled.perrons riiay appear,at.the meettntt and a&* e Yaiid respe�, Jothe.propos,ed emergency ordinanM-.-%wpoftheCityCiS i&sion+vitl+fu.V 16 be,consldered al'thisineeling, ihai persdh`stieff awmel it record of the pr6ceeditrps is made irrdudaip atl tesalIX4 arw 41?on'whigh any appeal may be"based. - WALTER"J. FOEMM .• . . U,"- 'CLERK.'. iB29b} '. t70••4 • ' Submitted into the public n 0 record on i° 1te (S) CItY Clerk MIAIIN DAILY BUSINESS REVIEW pied D* map SatudW, Sunday and LOW holidays MOR Mod-Dede County. Florida STATE OF isimm COUNTY OFI WJ54MM 8810rs so rwnelaOyMad Mahar" pertrortatly appeared Octeims V. Ferftp% wW on oath says that she is the Supervisor, Lava "Mo as af the Miam: Daily Business Rsvkw [Ads [;foal Dftuw6 a dally (except Sah►►daY. Sunday am Legal � aatrapaI , , Fabulited at Miami in Miami. Deft Cowb. Flodit 1r+t Arc arAdmd copy of advertise- ment, heft a L*W Adrerfiasslenl of NOAce in the matter of CITY OF MIAMI ORDINANCE NO. 11937 ht 1FM ............?999 X ..................... ls6ttfl, 'wJ TII01ad IafS'"vq*W In w IOWA Of Alftant lI Irl✓ SIPS ihid the Said NOW Daily BusinM RSVIaW is s oe6rto I poitfefred at Miami in Sold Miami - Dade Cotaofy ffmlds, awd %W the said newspaper 1168 hemolm frown mtlFtostis% pubished In Said NpelnFDade Caurtty, iNNU% e0oh day taxc pt Saturday, Sunday end Legal Huffift* and Dais [ween adored as Seoond class mail matter as ria peat oa%m in Miami in sold Mland-De116 Cmq, Fkdit fora paria-Of One year next preceding the prsf puflir mw of on aml:Msd copy of adverdsemett-, and amatlt tu~ wags that afro bas neither Paw nor promiead diaeW nl, rebate, cmn- mlicsi�nnet�i�a !x3 of tiring this advafttse- Ill ..................-. ...A—W .. .NTt. Ism �'k I4Y��0�1# i 1�� 8860 OOfohlfs Y. Feebs flch 4. t�01 °�' fdxNdlparlleYryRdsetiatNaisR :mm,dl='P OIiD1MANC � w +►:'L v S{ • ri• . , Y'f. •. i16� ./. ♦ •n1••n•t�fya,�`�$;!•�' pttrttons vvtit take entice that on the 29111 of ,}ime, 2app;•. of . Kattl ' Flodde adopted the fofbw tp ORDINANCE NO 11JU ' 41l1 BA&AOACY ORDINANCE'OF THE MIAMI G[TY-tOW7" .l ffissb I:i4w-Wi r., CHAPTER, 54. ARTICLE XL., U Till£ ' cbmOFTHE CITYot=lyKml,�, ORiDA.ASAUENDE:D,EH: T1iiFP'STilEETS ANiD,SIO�Wp1�CS;USE.OF. THE`PUNLIC t( FNGKTS#WAY'.FC:4 4NSTAUATtdN. OF -PAY: 7E1F. ` PNOfF� .—TO—PROVIDEFOR uN1FORM PROCEDURES RC i = LX71M TO THE,GRANT.ING OF PEAMI:u,THE CON- • ' f S13tllCTK t, 1NSTAf:1.AT10N.. OPER;*TJON ''AND' MAWi t _OE PAY TELEPHONES ••iN-'roil= CITY'S -•Pt nw—" NS S -Or -WAY, TO ENSURE CONFORMANCE WRH•THe P011X9'•AND PROCEDURES OF Tom. FLARIbA PURL ' rOOMIWSSTON..(•P5C7-AS R REATES T¢ PAtT •: _ Y&EMKV.MES; Th PRQVIUE FOR -T.?YE REVOCATIDr1 - 41A'i TItI91KNtE j'E0*TS .FOR NONCONFORIAAvvx_ . �1nl M THIS -ORDINANCE. AND -TO PROVIDE FOR 1.104010M . �A lLfON FOFt THE•COSTOF REGULATION AND AD- DOASiATXW-CF.THE"PROVtS*f4S;CONTAINED.iNgids " Y7RDtt+fit}ICE 'MOAT✓ I-AFMdULARLY BY AME14DWG SEC. I T101054-40 THROUGH 442W CON AINuvr�,, OJWJ t ALER PAdVWN AI* LRY (5l.A USE,AND Pmvll iw,0 FOii'AN EEF>=CF E.. . 1! ' AN O, t�F�+p�jTY�CQhpp ,, ' . •. . K [lint r ; I.ff�jESttt�DifSTAHDARD• WIDTHS' INCDlf1' V11R1SH GF, CEFiTA I AIIENUM AND'P4ACE pf • r,+ ' TW OYERTOWN t.,"OMWNiTY. Miii A..FLOMA: CONTA&' NG*-'* flEPEALER PAOVtSION AND'.A SEV'ER/t,Bil ' CLAt15E,-049•PROVIDtNG•FOR AN EFFEGT]Vt DATE -•: z�,dodstances-lrfay be inspedted by7h¢puWic.el the'Ol(ked 1bst7Y>IlCbir 35011 Pan Anw iean Nve. NSak,.%dd,, Mmittay ileodyli Friday, exdudP tmiidays; °between the huura df 'e a.ge ' M.-ialerr�rtf Parsons mayappefu et the ineeilng and-msyfie Mild pweanyoaGmmrea the{:itY CORrr�ssion urilh respect to angptie,= mml bpd -aa No-tneeting, that pemonshaii ensue Efte! a vdbeiln: f ednd-O[t�!O'prbceeditgsLt.made indud#v afl:testimorry and syslelttb! �Ohtarfii�irtgappeal may be based. _ .• ; WALTER d..FOFIJIAN r CITY -CLERK : Submitted into the pubj c record e sZ nn711 City Clerk �. of City of Miami City Hall 3500 Pan American `. Drive Legislation Miami, FL 33133 ., www,miamigov.com _ Ordinance Re Number. 09-00555 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17, ENTITLED "ENVIRONMENTAL PRESERVATION,- AND CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS, AS STATED HEREIN, ,AMENDING DEFINITIONS AND CONCERNING THE ADMINISTRATION OF CONSTRUCTION AND STREET RIGHT-OF-WAY USE PERMITS ISSUED BY THE PUBLIC WORKS DEPARTMENT TO CONFORM TO NEW LAND MANAGEMENT AND ELECTRONIC PERMITTING PROCEDURES; TO FURTHER CLARIFY AND UPDATE THE EXTENT OF THE CONSTRUCTION, MAINTENANCE AND REPAIR RESPONSIBILITIES BY PROPERTY OWNERS FOR STREET IMPROVEMENTS;TO ADD DEFINITIONS; REVISING THE APPEAL PROVISION FOR PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami is In the process of developing and implementing a new computerized land management and electronic permitting system for information, permit applications and complete permit processing related to construction and street right-of-way use permits issued by the Public Works Department; and WHEREAS, the general public, companies, and agencies will have direct access via the internet to gather routine information, apply for and receive permits, thereby reducing the amount of paper documents and expediting the services provided by the Public Works Department; and WHEREAS, in order to properly implement and administer the new technology, certain sections of the Code of the City of Miami, Florida, as amended ("City Code") must be amended to update and identify requirements that will guide the general public through the electronic procedure, such as authority to review applications, disclosures, surety requirements, insurance, fees, penalties, billing, inspections and permit renewals; and WHEREAS, in response to increasingly dense land development and to rationally correlate the services made necessary by the construction or operation of private property upon the infrastructure and safety provided in the adjacent public right-of=way, the City Code must be amended to define, clarify and update the minimum and maximum limits of construction, maintenance and repair responsibility by property owners for roadway improvements, NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Cliy OfAr-i Page I ofl7 Printed On: 81262009 Submitted into the publir record fo ite (s)_�'� on ti �Z City Clerk File Number. 09-00555 Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation;" is amended in the following particulars: {1} "Chapter 17 ENVIRONMENTAL PRESERVATION ARTICLE 111. TREES AND SHRUBS ON PUBLIC PROPERTY Sec. 17-72. Permits --Required to prune, plant or remove from public land. It shall be unlawful for any person to trim or prune any tree, shrub ,or plant or to remove any tree, shrub, or plant from any dedicated street, alley, highway, public right-of-way, or easement, public land lying between property lines on either side of a public street, highway, alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the city without first applying for and obtaining a permit from the director of public works or his authorized representative with the appraval 9f the G#y maRage . « « « See. 17-74. Same-assuance; charges. The director of public works shall issue a written permit required by the two preceding sections to any applicant, without charge, when it is determined that the action proposed is necessary or desirable and not contrary to any city master plan for trees, shrubs or plants, and will be performed ' satisfactorily. Section 3. Chapter 54 of the City Code, entitled "Streets and Sidewalks," is amended in the following particulars: {1 } "Chapter 54 STREETS AND SIDEWALKS ARTICLE 1. IN GENERAL Chy Of Ar—i Page 2 off 7 Prhzw on: &/2911809 Submitted into the,pubc record fo ite (s) on City Clerk Re Akmaber. 09-00555 Se;;. 64-1s, Definitions. The following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this Code, except where the context clearly indicates a different meaning: Business means any commercial or industrial activity, entity, or event in or for which any goods or services are made, sold or offered for sale or other consideration, pecuniary or otherwise. Encrineerinp Standards means the minimum standards pertaining to the design and construction of all public works constructed in the right-of-way. These standards are in book form entitled "Engineering Standards for resign and Construction" and present the latest engineering standards as an aid to both design and construction and are deemed as being incorporated by reference herein Govemrnenfal applicants means the United States, the State of Florida. Miami -Dade County, the City of Miami or any agency or.instrumentality thereof. Maintenance means the upkeep or preservation and acts of repair and other acts to prevent a ded'ine, lapse or cessation from an existing state or condition: to keep from falling, declininu or ceasing: to keep in good order, keep in proper condition, Mp in repair, as it pertains to the prNpte property and gublic right-of-way, as armlicable and as are encompassed by the provisions of this Chapter. Main grana costs means any cost incurred for the DuMQse of performing maintenance within the Public right-of-way. This includes costs of labor, materials, equipment and other public works operational costs. Non-governmental applicants mean any applicant who is not a governmental applicant as defined by this section. VisibityTriangle means an area on private property and within the public right-of-way where any material obstruction to visibility is Prohibited which would result in concealment of a child over two and one-half (2 %) feet in height approaching an intersection. or would conceal an approaching automotive vehicle or cyclist from such a child. The visibility triangle shall be measured in accordance with j 908.11 of the City of Miami Zoning Ordinance and includes the area bounded by the extension of the diagonal vision clearance line to the centerline of the intersecting streets and shall be required at all street intersections and applicable intersections of driveways with streets. Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or Impedes City ofM!la or Page 3 of 17 Mated On: &2&2w9 Submitted into the publ;, -- - _ - recor�ite onCity Clerk Fife Number. 09-00555 traffic; fees; waiver of fees. (a) Scope. No person shalt perform or conduct work in the public right-of-way, such as digging, drilling, repaving, etc., which obstructs, closes, or causes to be obstructed or closed, any street, sidewalk, or any other part of the public right-of-way in this city, or which impedes the general movement of vehicular or pedestrian traffic, without first having obtained a permit approved by the police department, the public works department, aW the fire Fessue off-street parking department-. the risk management department, the neighborhood enhancement team department, and the transportation office. After approval by the departments of police, public works, off-street Parking, risk management, neighborhood enhancement team and #tee the transportation office, the city manager, or designee, shall issue a permit. No person shah apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing in, excavation of, maintenance of, owning or operating any type or manner of system, equipment, or device within the public rights-of-way, then beth 11 persons must ,.,,.. plete and fife tagetheF a pint appiloation and all peFsess must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/herrfts their interest/participation/representation in the permit application or to fulfill all city requirements for issuance of the permit shall result in c -A immediate administrative revocation by the city, without the necessity of any further action, hearing or proceeding, of any permit previously granted resulting in such permit becoming null and void, or (b) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision, (b) Conditns. Such permit shall set forth minimal reasonable conditions, as permitted by Law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on-going maintenance or reparations for un -repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth or any violations under applicable Law shalt render such permit null and void, without the necessity of any further action, hearing, or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. Additionally, ariy- G9R#AWiA9 6150 Of tile publiG Fight of way by any GUGh pefSOR(S) Shall FequiFe 211 SUGh PeFSORS OR t-hA- (c) Indemnity, hold harmless and insuranc ; . It shall be a condition precedent to the issuance of any such permit that the applicant shall assume all civil liability for applicant's acts of omission or commission from all claims, suits or actions of any kind whatsoever arising out of or resulting from the closure, the issuance of the permit or the operations or activities of the permittee and shall, further, hold the city, �s officials and em-ployees harmless for any injuries or damages arising or resulting from the permitted work including any injuries or damages resulting from alleged negligent acts or omissions on the part of the city. The applicant shall insure that adequate safety precautions are in effect at all times during the term of the permit. M Non -Governmental AnDlicant(s): City ofViand Page 4 of 17 Printed Om Sr18/2009 Pu'- uhmitted .inta.Lhe.ii record f0f ite (s) _ L on City Clerk Fife Number. 09-00555 Prior to the issuance of any such permit, the non-govemmental applicant(s) shall submit to the city a certificate binder or policy of liability insurance for each non-govemmental applicant (IRsluding-easl}- agFeeEReRt3 in an amount not less than One Million Dollars ($1,000,000.00) per peFssR occurrence. Two Million Dollars ($2,000,000.00) aggregate $eF.OGWORt, and any endorsements thereto, which shall include the city as an additional insured. The certificate must also include coverage for all owned, hired and non -owned vehicles with a combined si le limit of One Million Dollars ($1,000.000.00) also naming the city as an additional insured and must also contain coverage for workers compensation and employers liability coverage as required by statute and which shall provide that said pefFA4 insurance ` shall remain in full force and effect during the entire term of the permit . Additionally, all such permits and aRy related MaiRt8PaRGe and FesteFatien agFeerAeAtW for non-govemmental applicant(s) shall be subject to annual review by the city's Risk Management Department Depa4ment and the applicant shall be required to update as necessary to protect the city with any and all types and amounts of such insurance coverage(s), , letteFO€GFeGIt{s). L2 Governmental Applicant(s): AdditfeRally, PRrior to the issuance of any such permit, the govemmentai appilcant(s) (InslediRg eas#� agFeemenf) shall submit to the city a certificate biRdeF OFPelisy of iiaWitty insurance letter o self-insurance for each govemmental applicant ' in accordance with and subject to the limitations as a fimit e€!iabii#Y set forth in F.S. § 768.2 8, , t it will in full fame and effeGt Glur4ng the full teFm Of th9 POrMit aAd MY related sontinuing mainte;;asre and It shall be a further condition precedent, for both non --governmental and govemmentai permit holders to the issuance of any such permit for work to be performed in the public right-of-way that the that " permit holder(s) islare jointly and severably responsible, at each permit holders expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of facilities and faF City Of Ar -d Page 5 of 17 Printed On. 8/28/x00! `Submitted into the public-'- record fWs)� FL,Z on City Clerk File Number: 09-00555 Sec. 54-8. Using street or sidewalk for display purposes, exceptions=; permit and fee. It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the city for display purposes, except as approved by the city commission or as hereinafter provided. (al Except as provided in article III, displays approved by the city commission shall be no larger than 16 square feet, and no portion of any display or attachment thereto may be more than 84 inches from the ground. (b) Overhead horizontal banners at locations designated by the city will require a permit from the department of public works before installation. The application for permit shall be submitted in writing by the applicant to the department of public works on a form provided by public works. A non-mfundabie processing fee in the amount of eighty dollars ($80.00) per banner shall accompany the application. A supplemental banner fee and a limited display duration period shall apply for overhead horizontal banner locations within the Coconut Grove Special Events District pursuant to section 54-343 of this code. ARTICLE 11. CONSTRUCTION, EXCAVATION AND REPAIR Sec, 54-42 Excavations. (a) Permit required. When any person desires to disturb, cut into, dig up or excavate any public street or sidewalk, whether the same is paved or unpaved or to cause the same to be done, application shall be made to the director of public works for permission therefore. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit apolication form theperson(s) on whose behatf such work in the public right-of-way is being Performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing, excavating, maintaining, owning or operating any type or manner of system, equipment, or device within the public right-of-way, then both/all persons must com* with all application and permitting, rebuirements of the city. Failure of any person(s) to fully disclose his/her/their interest/participation/representation in the permit application or to fulfill all city reouirements for issuance of the permit shall result in (1) an immediate revocation by the city of any excavation Permit previously granted resulting in such permit becoming null and void( without the necessity of any further action, hearing or proceeding), or (2) issuance by the city of a written notice that such permit will not be granted, as the case maybe, due to violation of this provision by the person(s) who applied for such permit. The city shall have the nght to take all legal measures and seek all available remedies to enforce this disclosure provision. Such Permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and personal law shall render such permit automaticalIX null and void, without the necessity of any further action or City Of Mod Page 6 ojl7 Printed On: 8/7WOO S-ubmwte1 into the public - record fo ite (s) on _ _ City Clerk File Number. 09-00555 application form will not be required to be submitted for multiple sanitary sewer laterals water service laterals or water meters installed by the Miami -Dade Water and Sewer Department, if such muitiple instaffations are combined into a single written request for permit to the director of public works. A request for multiple water and sewer installations shall be submitted to the director of public works prior to construction work and shall not require submittal of a surety for restoring the street or sidewalk as described in subsection (c) of this section. (b) Calculation of cost of restoration; #sxn?-op Upon compliance with the terms of subsection (a) of this section, the director of public works shag calculate the cast, of fully restoring the street or sidewalk to the condition in which it is found upon the filing of such application. The cost shall be calculated on the basis of the following rates: Per Square Foot Permanent paving (asphalt concrete and rock base) ... $ 2.75 Asphaltic concrete (only) ... 1.50 Stamed/color asphalt concrete (only) ... 4.00 Six-inch driveway paving (plain concrete) ... 5.00 Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) ... 8.50 Six-inch concrete sidewalk (plain concrete) ... 2.50 Four -inch concrete sidewalk (plain concrete) ... 2.00 Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ... 8.50 Six-inch reinforced concrete protective slab ... 3.50 Backfill ... 1.00 Eight -inch rock base ... 1.25 Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ... 8.50 Solid sod ... 1.00 Per Linear Foot Curb... $10.00 Valley gutter_ . 12.00 Curb and gutter ... 12.00 Concrete encasement for sewer pipe ... 3.00 Swale trench ... 35.00 Exfiltration trench ... 70.00 City of Art a"O Page 7 of 17 Printed Ox: &7.R/Z009 Submitted into the publie- record for ite (s) `L. i_ on City Clerk Fife Number. 09-00555 Each Street furniture (benches, waste receptacles, bicycle racks, etc.) ... 250.00 Drainage structure (inlet, manhole, etc.) ... 2,000.00 Decorative illumination (fixture/poleJmounting) ... 5,000.00 M. an W&I visa (c) Payment of amount of costs for restoration,- issuance of permit, time for completion, consequences of failure to complete street restoration. (1) Whenever any individual applies for a permit for excavation of a street, or other public right-of-way, or easement, as required by subsection (a) of this section, he the individual shall tai' deliver to the director of public works a surely in the form of cash or serlsf+ed cashier's check payable to the city in the amount of the cost of the restoration as calculated by the director of public works and shall sign tie an acceptance of the terms of the permit, and thereupon the permit shall be delivered to the applicant who shall thereafter, and not before, be authorized to proceed with the work, and shall complete the same within the time prescribed by the permit (2) Whenever any company or agency providing utility services in the city applies for a permit for excavation in the street or other public right-of-way or easement, as required by subsection (a) of this City ofMianti Page 8 of17 Printed On: 8/2WN9 Submitted into the public _ record fo ite (s) �L. �. File Number 09-Ws55 on q City Clerk section, the company or agency shall deriver to the director of public works a surety in the form of a eaRrmance bond grescribed by F.$ §25§.05, as amended, or cashle s; check In the amount of two times the cost of restoration as calculated under subsection (b) of this section. The director of public works may establish written rules and procedures to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right of way or easement for recurring permit applications for utility companies and acencies that demonstrate a continuing large volume of permit applications Additionally any such blanket surety shall be subiect to periodic review by the director of public works and shall be required to be adjusted as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. (3) Upon receipt of the above -referenced Gash borid OF sashiege sh surety, payment of the applicable permit fees, and completion of the appropriate application, the director of public works shag deliver a permit for the work, and shall determine when therein fix s6iGh 9FAe feF GempletieR the work is to be completed, including restoration of the street right-of-way or easement in accordance with the standards and specifications of the department of public works. The company or agency shall thereafter, and not before, be authorized to proceed with the work and shall complete the same within the time prescribed by the permit. (4) Upon proper completion of the work by the permittee, as determined by the director of public works in accordance with the requirements of this Chanter and other applicable codes , including the above restoration, within the time prescribed by the permit, the director of public works shall cause the amount of the sure , to be returned to the person, company or agency to whom the permit was issued. (5) In the event that the permitted Person, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit, all payments including the above-spesifie,referenced Gash beFid, OF sashieOs Gherok. ZKely shall be deemed forfeited. The director of public works shall then be empowered to cause restoration to be done by contract, or by city forces, without regard to the status of the work sought to be done under the permit, and all costs thereof shall be payable by the permitted Individual, company, or agency. if the required amount is not remitted within ten days of written notice by the director of public works to the permitted individual, company, or agency, the forfeited moneys monies shall be used to complete the work. Any costs in excess of the available forfeited meneys monies shall constitute and become a lien against the private real property if owned by said permitted individual, company, or agency, which adjoins or abuts the street or right-of-way for which the permit was issued. Any forfeited mefleys monies remaining after restoration costs have been paid In full may be returned to the permittee if the reason for the delay has been due to causes beyond the control of the permittee. Additionally, the director of public works may administratively establsh and enforce written rules and procedures pertaining to the withhoidincl of the issuance of new excavation permits to any individual. company, or agency that fails or refuses to complete the restoration work and obtain from the public works department a final inspection approval within the ex ip ratio date of the previously issued excavation Permit(s) to said individuals, company or agency. (d) Indemnity, harmless and insurance, It shall be a condition precedent to the issuance of any such permit i<hat the applicanVMrmittee shall assume all civil liability for the applicant's acts, omissions or commissions, and from all claims, sets or or damages result from alleged crossly negligent or willful acts or omissions on the part of the city, its officials or employees . The applicant shall insure that adequate safety precautions are in effect at all City Of -W -W Page 9 of 17 Printed On. 8JZWMP Submitted into the publ;,- rccordfo ite s) L . L Me Number. 0-0-W555 on I City Clerk times during the term of the Ski Non-Govemmental Appiicants: . Prior to the issuance of any such permit, the non-governmental appiicant(s) shall submit to the city a cerVicate binder or policy of liability insurance for each non-governmental applicant In an amount not less than One Million Doliars ($1.000,000.00) oer occurrence, Two Million Dollars ($2.000.000.00) aggregate, and any endorsements thereto, which shall include the city as an additional insured. The certificate must also include coverage for all owned, hired and non -owned autos with a combined single limit of One Million Dollars ($1,000,000.00) naming the city as an additional insured which must also contain coverage for workers compensation and employers liability coverage as reguired by statute and which shall provide that said insurance and any related maintenance and restoration agreement and related surety shall remain in full force and effect during the entire tern of the permit and any related continuing maintenance and restoration agreement. Additionally, all such permits and any related maintenance and restoration agreements) for nongovernmental applicant(s) shalt be subject to annual review by the city's risk management department and the applicant shall be required to update as necessary to _protect the city and any and all tvpes and amounts of such insurance coverage(g) or surety. (2) Governmental Applicants: Prior to the issuance of any -permit, the governmental applicant(s) shall submit to the city a_certificate of insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as set forth in F.S. 4768.28. Q) Additional permit conditions: it shall be a condition precedent to the issuance, to both govemmental and non-governmental applicants, of any permit for work to be performed in the public right-of-way that the person(s) applying for such permit shall provide to the city's department of public works a surety in such amount(s) and such forms - acceptable to the director of public works to ensure that such work: (i) complies with applicable codes, (0) is conducted and performed in a satisfactory, safe and professional manner. Coi) pertaining to the public right-of-way is restored or maintained as required by the circumstances and extent of the work under such permit and any continuing maintenance and restoration agreement_ Furthermore, the permit holders are iointly and severable responsible, at each hermit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of the facilities and for any damages regarding continuing maintenance of the public right-of-way, j Submitted into the public record for ite (s) on 1, j City Clerk File Number_ 09-00555 Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, flume excavation, utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and reinspection fees. (c) Permit fees shall be paid in full upon issuance of the permit. The director of public works may establish rules and procedures to allow billing for payment of Permit fees on a monthly basis for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Sec. 5454. Allowing sidewalks, swales and curbs to remain in dangerous condition. •, itizeRs on #tae�spe#y: (a) It shall be unlawful far any owner, occupant or agent of any property to which a j1dewalk. swale or curb is contiguous, to place or remove any materials or allow overgrowth of trees, shrubs and plants upon such sidewalk, swale or curb as to be dangerous or detrimental to the general public as determined by the director of public works. (b) It shall be unlawful for any owner, occupant or agent of any property to which a swale is contiguous, to pave or install any materials, trees, shrubs or plants, except sod, within the swale without first having obtained a permit from the public works department. The director of the public works department shall promulgate the rules and regulations establishing the standards pertaining to the construction, improvement and repair of swales. Sec. 5455. Notice to repair sidewalks and curbs. is the result of tree roots from trees located on the abutting private property. u In case the surface of any walk or sidewalk in the city becomes so uneven as to make walking over K dangerous or detrimental, or if the curbing becomes decayed, wom out or broken, it shall be the duty of the director of public works to notify the owner, and if the owner cannot be served, to notrfy the occupant, and if there is no occupant, then to notify the agent of the owner of the property to which the sidewalk is contiguous, to repair such walk or sidewalk. Notice to repair or replace such street improvements shall be In writing; shall allow such owner, agent or occupant 30 days in which to repair such walk or sidewalk; shall describe the walk, sidewalk or curb to be repaired; shall set forth that such walk, sidewalk or curb shall be repaired, if surface work is to be done, with the same material as such walk, sidewalk or curb was originally constructed, and if curbing is to be put in, with concrete; and shall be served, returned and filed in the office of the director of public works. city 4f wmnd Page 11 of 17 Printed Ora: 8282009 Submitted into the publi record fqr ite (s) �L, t _ on _ �Z/ ti City Clerk Fire Number_ 09-00555 Sec. 54-56. Construction, reconstruction or repair of street improvements required when diacent property is Impr&6a by construction of $26,000-00 $100.000.00 or more in value or exceeding 6501000 square feet In floor area; restriction. (a) Sidewalks, curbs and/or gutters, pavement, modifications to existing drainage systems and sodding (hereinafter "street improvements' shall be constructed, reconstructed or repaired when any adjacent property located within the corporate limits is improved, altered or modified by the construction, reconstruction, remodeling, renovation or repair of any type of building, structure or parting facility amounting to $25,9GO.00 $100,000.00 or more in total value, or when such building to be constructed, reconstructed, remodeled, renovated or repaired is 66G 1,000 square feet or more in floor area, for which a permit is required. (b) The director of the public works department of the city shall notify the applicant/qualifier for the permit by noting on the approved plans that the street improvements adjacent to the lot or parcel to be improved, altered or modified shall be constructed, reconstructed or repaired. Said street improvements may extend to the centerline of the street and shall be constructed within or adjacent to the established base building lines to the proper line and grade as determined by the public works department on all roadways within the corporate limits. In the event that the surface of any existing street improvements is uneven, cracked, broken or marred, these portions of the street improvements shall be replaced by the applicant/qualifier. (c) The magnitude of the reaulred street improvements shall not exceed ten (10%) percent of the total value of the permitted improvements alterations or modifications on said adjacent property. For (&) ill The director of the public works department of the city is hereby directed to withhold or withdraw the certificates of occupancy or use until such street improvements are properly constructed, reconstructed or repaired as provided in subsections (a) and (b) of this section. (4) The director of the public works department is hereby authorized to approve deferment of construction and allow variations and deviations from the above requirements of constructing, reconstructing or repairing said street improvements, as be the director determines necessary, based on the conditions of the terrain and the existing sidewalk, curbs and/or gutters, and pavement immediately adjacent to the property involved, provided that the property owner fumishes the city with a properly executed covenant to run with the land in which the property owner agrees to construct or pay the cost of constructing the street improvements when such construction is required by the department of public works. (,-).Q In the event that the property owner fails to construct, reconstruct or repair the street improvements as required by the public works department, the director of the public works department shall notify the applicant in writing that the applicant has 30 days in which to construct said street improvements. If the street improvements are not constructed within the 30 -day period, the director of the public works department is authorized to cause the construction of said street improvements by either city personnel or by award of a contract under the provisions of the city Code. An accounting of the total cost of said street improvements, certified by the director of the public works department, shall be recorded in the public weFks records of Miami -Dade County and thereafter shall constitute a lien against the property involved. The total cost shall include the construction cost, a 16 -percent fee for engineering services for the public works department, and any incidental expenses. ARTICLE VI. SIDEWALK CAFES City of Afiari Page 12 of17 Printed On: Bl282M Submitted into the public record for item0s) __ F on _ City Clerk File Number. 09-00555 Sec. 54-222 Definitions. As used in this article: Sidewalk cafe means the placing, locating, or permitting of the placing or locating of chairs and tables within the sidewalk area adjacent to a business licensed to operate as a restaurant or take-out food establishment. State Road shall mean those roadways that are part of the State Highway System under the jurisdiction of ire Florida Department of Transportation. Sec. 54-224. Permit application. (a) Application for a permit to operate a sidewalk cafe shall be made at the department of public works in a form deemed appropriate by the director Such application shall include, but not be limited to, the following information: (1) Name and address of the applicant; (2) A copy of a valid business license to operate a restaurant or a take-out food establishment adjacent to the sidewalk area which is the subject of the application; (3) A copy of current liability Insurance; (4) A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, umbrellas, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk obstruction either existing or proposed within the pedestrian area; and (5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk care. (b) Applications shall be accompanied by a nonrefundable application fee of $150.00. (c) Applications shall be reviewed by the following departments: public works; planning, 4%j-md aea m-pessae; neighborhood enhancements team, risk management and finance 14 - -nse -&A-;- and risk FAaAagement diyisk�R). (d) Wiithin 3015 days of receipt of a completed application, the director shall issue a letter of intent to approve or deny the permit. (e) The applicant shall provide proof of necessary insurance prior to receiving the permit. Sec. 54225. Permit requirements. (a) No person shall establish a sidewalk cafe on any public street or sidewalk unless such person has obtained a valid permit to operate that sidewalk cafe in such a manner pursuant to this article. City ofAr-d Page 13 of,17 Printed On: 82812089 Submitted into the puhlir record VIVA t_ � L . L Fife Number_ 09-00555 on City Clerk (b) Permits shall be issued only to validly licensed restaurants or "food establishments, take-out only", that wish to provide tables and chairs on the sidewalk(s) adjacent to their businesses for use by the general public. (c) In the SD -2 and SD -17 zoning districts located in Coconut Grove, as described in the zoning atlas of zoning Ordinance No. 11000, as amended, permits shall be issued to sidewalk cafes In conjunction with "food establishments, take-out only" and validly licensed restaurants, provided the establishment provides required off-street parking at a rate of one parking space per 100 square feet for the sidewalk cafe area or pays a mitigation fee in lieu thereof, as described in section 35-224 of this code , in addition to other required off-street parking and the sidewalk cafe permit fee. For purposes of this article, references to specific zoning districts are solely for purposes of delineating affected geographic areas subject to this section and shall not convey any rights under zoning Ordinance No. 11000, as amended or superseded. (d) No sidewalk cafe permit shall be issued by the city within any State Road right-of-way in the absence of an approval from the Florida Department of Transportation. ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS-OF-WAY Sec. 54-264. Application and issuance of permits. (a) issuing and approving authority. The issuing and approving authority and coordinator shall be the public works director. The director is responsible for objectively coordinating and administering the physical placement of newsracks of the type and in the locations and pursuant to the conditions herein specified, and upon compliance herewith is responsible for the issuance of permits. (b) Applications. The applicant shall file with the director a written application for location and installation permit The application shall contain the following information: (1) The name, address and telephone number of the distributor who is the owner or principal in responsible charge of the newsrack. (2) The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsracks. (3) The number of newsracks and the proposed location of each shown on a detailed, dimensional drawing, including measurements, and survey if requested must all be attached to the application by the applicant. (4) Names of newspapers or periodicals to be contained in each newsrack. (5) Type or brand of newsracks, including an illustration and description of the newsrack and -mount. 0) A Global Positioning System (GPS) coordinate within ten (10) feet accuracy, of each newsrack. (c) Procedure. . (1) The department of Rublic works and the department of neighborhood enhancement team shall Rreview the application Including the dists applicant's dimensional drawing, detailing the existing physical features surrounding the proposed newsrack location, to determine whether the proposed newsracks are in compliance with the provisions of this article. Cky of Mani Page 14 of17 Printed On: &7&2009 Submitted into the public record f r it (S)— _E, or. i City Clerk File Number_ 09-OD555 (2) The director shall notify the applicant of the number of newsracks and iocations:of newsracks that have been aporoved Based on the aaproved newsrack locations the apolicarit.shall submit to the department an insurance certificate and tend and also the appropriate fee in accordance with sections 54265 and 54266 of this code. (2} M The department shall Mmark approved placement locations with a template so that distributors installation crews can easily Identify location for newsracks. ARTICLE XI. USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES See. 54412. Definitions. For the purposes of this article and any agreement in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission or with F.S. ch. 337, as amended: Sidewalk shall mean that area reserved for the public use of pedestrian traffic within the city's zoned rights-of-way. State Road shall mean those roadways that are part of the State Hiahwav Svstem under the iurisdiction of the Florida Department of Transportation. Street shall mean all that area reserved for the public use for public rights-of-way purposes and shall include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts, concourses, bridges, cul-de-sacs, tunnels, waterways, parks, roadways, parkways, alleys and sidewalks. Sec. 54-413. Pay telephone permit required; length of permit; fine and removal of pay telephones) for placement without permit or certification. (f) No pay telephone permit shall be issued by the city within a State Road right-of-way. Sec. 54-414. Pay telephone permit application. (a) A written pay telephone permit application, along with the permit application fee, in accordance with section 54-418, shall be filed with the department of public works for each pay telephone City of Armni Page 15 of 17 Printed On: 8/2812009 Submitted into the putt;,, record for ite (s) � L. t— on City Clerk File Number 09-00555 requested:= (b) To be acceptable for filing, an application for the grant of a pay telephone permit shall contain, at minimum, the following informatlon; (1) Site plan, in accordance with section 54420(h) and a copy of the applicant's public service commission certification. (2) Bond, in accordance with section 54423. (3) Indemnification/hold harmless agreement, in accordance with section 54-424. (4) Insurance, in accordance with section 54-424. (5) Approval for provision of service from local service provider (ems i.e. i 9119outh AT&T) showing telephone number of proposed pay telephone (if available). The permittee shall notify the city in writing of any telephone number change for an approved/permitted pay telephone. (6) A Global Positioninq System (GPS) coordinate, within ten (10) feet accuracy, of each pay phone. Any application for a pay telephone permit shall not be considered until all of these requirements have been met Additionally, the time for processing by the city of such application shall not begin until all requirements have been met. weft, vvithin 15 salend-ar days #eFn july 4, 2099, a letleF se4fing Wth the express intent to retai thFee y8aF teFM (With POFFM fee G1619 aRAWally) and pFavidiFig a list of these leeatleAs 9F-, , this aFtiGle, along with the pay telephone perm� appliGation fee, in areeFdanGe with se -Q -tion 54 419, fGF eaGh pay telephone to be pe"itted. (3) EaGh pay telephene pmvideF shall Femit te the sity WWR 90 raleRGIar- days from july 4, 2000, but telephone to be peFmifted, (4) gaoh pay telephone PFGVideF shall be FeqUiFed W install and maintain, at ne GhaF9e te the , (c) Each pay telephone provider may be required to install and maintain, at no charge to the city, a specified number of pay telephones in city -owned and operated facilities. The number and location of pay telephones in city -owned and operated facilities shall be determined by the city, but, in no case, shall exceed one pay telephone per ten Pay telephones permitted in accordance with this article. an Weber 1, 2000, City ofW-Vd Page 16 of 17 Prirued On. &280009 Submitted into the public record t - it (s) __ 1 on �_. City Clerk File Number 09-00555 All permit applications submitted under this section 'set en d heve�r as well as any 04119F P9FMIt OPP!*1Ga§GAQ A, ihmi#ad to the department of.public works after-9stebeF1 2909; shall be awarded on a first come, first serve basis. (4) Lit) Once the pay telephone permit is approved, a decal will be Issued to the provider for placement on the pay telephone in a manner such that it is easily visible to code enforcement personnel. (g) f%). At any time during the three year term of a specific permit, the pay telephone provider may voluntarily notify the director of public works, in writing, of an intent to remove the pay telephone and cause the permit to be revoked. Any pay telephone, for which voluntary revocation of the permit is requested by the provider, in accordance with this section, must be removed within 30 calendar days. If the pay telephone is not removed within 30 calendar days, the city shall remove the pay telephone in accordance with section 54-422. Sec. 54-416. Technical standards. All technical standards governing construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay teflephones provided for herein shall be in accordance with all applicable federal, state and local laws and regulations, including but not limited to the most recent editions of the South Florida Building Code, National Electrical Code and the National Electrical Safety Code. *Il Section 3. if any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} if the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Viand Page l7gjl7 Printed On: 8/28/2009 Submitted into the public(' recordfo�i ite S) — iL • or '1,/ City Clerk City of Miami t Legislation Ordinance FHe Number. 10-01002 Submitted into the pubAic record f r ite (s j __ F l✓ , ? _ _ on _ I �, I City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Haat Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 21ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PUBILIC WORKS DEPARTMENT;" CHAPTER 22.5/ARTICLE A ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL; CHAPTER 29 ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" AND CHAPTER 54 ENTITLED "STREETS AND SIDEWALKS", IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, WATERFRONT IMPROVEMENTS AND RIGHT-OF-WAY PERMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2, Article IV, Division 4 of the Code of the City of Miami, Florida, as amended, ("Code") provides the fee schedule for the processing of covenants, construction pians, and recordation of plats; and WHEREAS, Chapter 22.5 of the Code provides the fee schedule for the processing of stormwater pollution prevention plans; and WHEREAS, Chapter 29 of the Code provides the fee schedule for the processing of waterfront improvements permits; and WHEREAS. Chapter 54 of the Code provides the fee schedule for the processing of right-of-way permits; and WHEREAS, currently the fees associated with Chapter 2, Chapter 22.5, Chapter 29 and Chapter 54, do not sufficiently cover the actual cost of City of Miami ('City") staff to perform the processing of said documents and permits; and WHEREAS, it is in the best interest of the City to amend Chapter 2, Chapter 22.5, Chapter 29 and Chapter 54 of the Code to increase said fees; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA- Section LORIDA Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article IV/Division 4/Section 2-269 of the Code, entitled "Administrat+on/Departments/Public Works Department/Checking and recording plats and alley closures or vacations --Fee schedule; waiver of fee," is amended in the following particulars: {1) City of Miami Page 1 of 12 Fde 14:10-01002 (Version: 1) Printed On: dC"010 Submitted into the public record for ite s) EL� on City Clerk File Number. 10-01002 "CHAPTER 2 ADMINISTRATION ARTICLE 4. DEPARTMENTS DIVISION 4. PUBLIC WORKS DEPARTMENT Sec. 2-268. Fee for preparation of documents containing covenants to run with the land, waiver of fee; fee for preparation of documents allowing the use of public right-of-way by private entities; recording fee. (a) For the preparation and processing of any legal document running with the land covenanting the construction or postponement of construction of a public works improvement either in the public right-of-way or on private property, a fee of $2-10.98 $245.00 shall be collected by the director of public works. The fee required under this subsection may be waived for governmental entities and agencies. (b) For the preparation and processing of legal documents allowing the use of public right-of-way by private entities, excluding permits and those documents described in subsection (a) hereinabove, a fee of $263499 $305.00 shall be collected by the director of public works. (c) In addition to the above fees, the party proffering the legal document shall also pay the recording fee, as established by the state. Sec. 2-269. Checking and recording plats and alley closures or vacations—Fee schedule; waiver of fee. (a) The fees to be charged by the public works department for processing tentative plats and recording plats submitted for approval of the city, including the inspection of the permanent reference monuments set in the field, are hereby fixed as follows: (1) Recording plat. a. To accompany tentative plat application ... $399 370.00 b. For resubmission of tentative plat when submitted for recording ... 453.-00 190.00 c. For resubmission of tentative plat by different owner ... 168.0 190.00 d. For resubmission of tentative plat with new boundary ...x.00 190.00 e. To accompany final plat when submitted for recording ... 3199 1000.00 (2) Extending subdivision improvement time limit. Fof each time limit extension granted for completion of subdivision improvements required in conjunction with a recorded plat 1210.00 9or, five percent of the subdivision improvement bond amount, whichever is greater. The processing fees required by paragraphs (1) and (2) of subsection (a) shall be waived for governmental entities and agencies. City OfAws—a Page 2 of 12 Fitt Id 1041002 (Version_ I) Printed Our &23t7f]A Submitted into the public record fo it (s) on ti� City Clerk File Number. 10-01002 The fees to be charged for an expedited review for processing tentative plats and recording plats submitted for approval of the city, including inspection of the permanent reference monuments set in the field, are fixed as follows: Outside source review fee: Actual cost plus 20 percent administrative fee for processing. Fees to be charged pursuant to subsections 55-15(i) and 55-150) providing for an alternative method for the closure or vacation of alleys which abut parcels of land zoned solely residential. Application fee $525.00. Recording fee *** Publication fee *** Vacation and alley closure fee pursuant to subsection 62-156(6) Not applicable `' These fees shall be determined contingent upon fees charged by the newspaper and Miami -Dade County recorder's office at time of publication and recordation. Sec. 2-272. Construction plan checking fee. (a) The fees to be charged by the public works department for processing and checking construction plans submitted for approval of the city are hereby fixed as follows: (1) Fence, wall, slab, sign or underground tank permit $44-.09 13.00 (2) Single-family or duplex residential construction, reconstruction, remodeling, renovation, repair or addition permit 26.0 30.00 (3) Multiresidential and all nonresidential construction, reconstruction, remodeling, renovation, repair or addition permit 79;76 90-00 (b) Expedited plan review service for special projects. A "special project is defined as a project having a development order, or any other project as determined by the city manager, or designee, as having special interest to the city. The services will cover the public works department review. Outside source review will be the preferred method. Outside source review fee: Actual cost plus 15 percent* 'Fifteen percent is the administrative fee to cover the cost of processing. In-house review fee: $262.50 (c) The fee required under this section may be waived by the director of public works for governmental entities and agencies. *0 Section 3. Chapter 22.5/Article VI of the Code entitled "Green Initiatives/Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Control," is amended in the following particulars: {1) "CHAPTER 22.5 GREEN INITIATIVES City ofMiaml Page 3 of 12 File Id 10-01002 (Version: Il Printed Oa: W312010 Submitted into the public record 7,ite (s)onCity Cleric File Number.- 10-01002 • f ARTICLE Vt. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL i • M Sec. 22.5-127. Administrative fee As a condition precedent to the issuance of any public works, zoning, planning, building, or demolition permit for a construction project which will disturb 0.5 acres or more of soil, the applicant shall pay the city a fee of $490:00 115.00, All fees and fines generated as a result of this article shall be deposited into the stormwater utility trust fund and shall be used to administer this program and to further the city's efforts prevent pollution of stormwater systems - *0 Section 4. Chapter 29 of the Code entitled "Landfills and Waterfront Improvements," is amended in the following particulars: {1} "CHAPTER 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE I. IN GENERAL Sec. 29-3. Same - Fees; expiration; renewal (a) The permit fee for filling upland property that is below the design grade shall be $447-50180.00 for the first 5,000 square feet of area to be filled, and $40&.00 120.00 for each additional 5,000 square feet of area or fraction thereof. The permit fee for filling submerged land shall be $36758 425.00 for each acre or fraction thereof. Permits issued for filling shall be in effect for only one year from the date of issuance. Such fill permits may be renewed annually for a fee of $408:0g 115.00. (b) The fee required under this section shall be waived for governmental entities and agencies. ARTCLE II. FILLING OF LAND IN BISCAYNE BAY Sec. 29-52. Fees and Charges (a) The following schedule of fees shall be charged in connection with this article: (1) For publication and notification of property owners, payable at the time of filing a petition, a minimum of $ZO-.W 90.00. (2) For removal of sand, rock or earth by pumping or otherwise, from lands submerged, or City OfMi—i Page 4 of 12 File 1d 10-01002 (Version: 1) Printed On: 8/73/2010 Submitted into the public record fo ite s) _! on City Clerk File I*md)w- 10-01002 otherwise, as estimated by the director of public works and payable upon issuance of a permit. $367-.W 425.00 for the first 1,000 cubic yards or fraction thereof, and $405-.00 125.00 for each additional 1,000 cubic yards or fraction thereof. (b) The processing fees required by paragraphs (aX 1) and (2) of this section shall be waived for governmental entities and agencies. ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES Sec. 29-86. Same - Fees (a) The permit fee for the construction of any new structural improvement covered by this article, excluding the cost of any electrical, mechanical and plumbing work requiring separate permits, shall be based upon the estimated construction costs and shall be a flat fee of $292-59 300.00 plus two percent of the estimated construction cost. An after -tile -fact permit fee, for any improvements covered by this article on which construction was performed without proper permits and inspection, shall be quadruple the above fee. (b) The permit fee for the repair or reconstruction of any existing structural improvement covered by this article, excluding the cost of any separate permits, shall be based upon the estimated cost of repair or reconstruction and shall be a flat fee of $79:00 90.00 or ten percent of the estimated cost of repair/reconstruction up to $525.00, whichever is greater. An after -the -fact permit fee, for any improvements covered by this article on which repairs/reconstruction were performed without proper permits and inspection, shall be quadruple the above fee. (c) The expense of any Inspection by the public works department will be included In the cost of the permit fee. (d) The fee required under this section may be waived by the director of public works for governmental entities and agencies. .. Section 5. Chapter 54 of the Code entitled "Streets and Sidewalks", is amended in the following particulars:{1 } "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE 1. IN GENERAL Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or impedes traffic; fees; waiver of fees. City of Ark-- Page 5 of 12 Fde Id: I "1002 (Yersion: 1) Primed On: 812312016 Submitted into the pubV �: rec!!i for . ite s) 7' -- on t ( City Clerk File Number. 10-01002 (e) l=ees. (1) A fee of $486:99 120. shall accompany each permit application to the Police Department, to be retained by the city regardless of action taken in the grant or denial of the permit, (2) An initial inspection fee of $25.00 shall accompanv each permit application to the Public Works Department. (-2} (3) A non-refundable fee for a permit issued under this article for the partial or full obstruction by construction related activities exceeding one month in duration shall be as follows: a. $0.45 20 per linear foot per day of sidewalk/curb usage b. $026 30 per linear foot per day of parking lane usage* `This fee is in addition to fees payable under chapter 35 of the City Code of the City of Miami, as amended. c. $0.39 35 per linear foot per day of lane closure or partial lane closure of traffic and auxiliary lane usage. The fees shall accompany each permit application to the Department of Public Works for the use of the public right of way. Sec. 54-8. Using street or sidewalk for display purposes, exceptions; permit and fee It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the city for display purposes, except as approved by the city commission or as hereinafter provided. (a) Except as provided in article til, displays approved by the city commission shall be no larger than 16 square feet, and no portion of any display or attachment thereto may be more than 84 Inches from the ground. (b) Overhead horizontal banners at locations designated by the city will require a permit from the department of public works before installation. The application for permit shall be submitted in writing by the applicant to the department of public works on a form provided by public works. A non-refundable processing fee in the amount of $8989 92.00 per banner, and an initial inspection fee of $10.00 per banner, shall accompany the application_ A supplemental banner fee and a limited display duration period shall apply for overhead horizontal banner locations within the Coconut Grove Special Events District pursuant to section 54-343 of this Code. ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, flume excavation, utility placement; underground utility service connection excavation, groundwater City ofMiaAri Page 6 of 12 File 1d 10-01002 (Version: 1) Printed On: W312010 Submitted into the public I record for (s) _ ' L- on _ It it City Clerk File Number* 10-01W2 monitoring wells; permit renewal; after -the -fact permit, and reinspection fees. The permit fees to be charged by the public works department for street excavation, sidewalk re paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk construction, driveway construction, flume excavation, utility placement, underground utility serve connection excavation, groundwater monitoring wells, permit renewal, after -the -fact permit and reinspection within the city are hereby fixed as follows: (1) Street excavation permit: a. Non-refundable plan and specification review fee $20.00 a b. 50 lineal feet or less $-250.08 290.00 b c. Each additional lineal foot 0.39-.35 d. Initial inspection X25.00 e. Dry -run review of plans and specifications, upon request: i. 50 lineal feet or less of excavation $.125.00 ii. Each additional lineal foot of excavation 0.25 (2) Sidewalk repair permit: a. 50 lineal feet or less 60.90 58.00 b. Each additional lineal foot 4.00 1.15 (3)Sidewalk construction permit: a. 50 lineal feet or less 180.08 115.00 b. Each additional lineal foot 2:80 2.30 (4) Paving or resurfacing of parkway or shoulder area permit: a. 25 lineal feet or less 199.0 115.00 b. Each additional lineal foot &.4)8-5.75 (5) Building line and grade survey permit: a. 50 lineal feet or less 259.98 287.50 b. Each additional lineal foot 5.98 5.75 (6) Driveway construction permit, each driveway 180-99 115.00 (7) Flume excavation permit, each excavation 188:99115.00 (8) Utility placement permit (poles, splice pits, manholes, hand holes, catchbasins, pedestals, val, and auger holes) 10089115.00 Plus, for each additional, per block (on same permit) 10 08 11.50 (9) Underground utility service connection right-of-way excavation permit (each water, gas, elects telephone, cable television or sanitary sewer connection from base building line to the utility locai within the public right-of-way)1 OQ.G9115.00 (10) Groundwater monitoring wells, each well 60.00 80.00 1'11) Dewatering: LI .t_.— -- t- -_ r^^ nn Submitted into the public record for ite s on I t/ City Clerk File Number: 10-01002 7-30 days 535.00 31-90 days 980,00 " 12 Permit renewal fee prior to expiration of original hermit Ninety -day extension of permit fee expiration date 109.90 115.00 A New application and permit fees shall be reouired for expired permits. 42) LL31After-the-fact permit fee: For any work described in subsections (ax1) through 49) 11 herein, performed without proper permits and inspections, quadruple the above fees, 43) Reinspection fees: When additional inspection is required for work previously inspected and rejected by the department of public works, a reinspection fee will be required, for each reinspection X98 30.00 (b) Permit fees will be computed only for the primary Rem of work for which a permit is required. The fee collected will also cover items of work incidentallo the primary item and all processing and inspection services rendered by the public works department. (c)Permit fees shall be paid in full upon issuance of the permit. The director of public works may establish rules and procedures to allow billing for payment of permit fees on a monthly basis for recusing permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. ARTICLE VI. SIDEWALK CAFES Sec. 54224. Permit Fee (a) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be $48:90 11.50 per square foot of usable sidewalk area, as determined by the department of public works. Said fee shall be paid, in full upon issuance of the annual permit or, alternatively, shall be paid on the first day of the month ("due date") on a quarterly basis (i.e., January 1 st; April 1 st; July 1st and October 1st), with each payment being 25 percent of the annual fee as determined above; the first quarterly payment being due upon issuance of the annual permit. Payment received more than ten calendar days after the due date shall be charged a late fee of ten percent of the payment amount due. Failure to make a required payment within 30 calendar days of the due date shall constitute a basis for and result in immediate license suspension. Sec. 54225. Permit Application (a) Application for a permit to operate a sidewalk cafe shall be made at the department of public works in a form deemed appropriate by the director. Such application shall include, but not be limited, to the following information: City of Mtanti Page 9 of 12 Fde Id. 10-01002 (Version: 1) Printed On: 81232010 Submitted into the public recorrib itE' (s on __i� City Clerk File Number 10-01002 (1) Name and address of the applicant; (2) A copy of a valid business license to operate a restaurant or a take-out food establishment adjacent to the sidewalk area which is the subject of the application; (3) A copy of current liability insurance;. (4) A drawing (minimum scale of one-fourth Inch equals one foot) showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of all outdoor furniture, including but not limited to, tables, chairs, umbrellas, location of doorways, location of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, glare screens, menu boards, heat lamps, fans, planters and any other sidewalk obstruction either existing or proposed within the pedestrian area; and (5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk cafe. (6) Photograph of subject street right-of-way where sidewalk cafe is proposed. (b) Applications shall be accompanied by a nonrefundable application fee of $459:89 175.00 and an initial inspection fee of $10.00. ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS-OF-WAY Sec. 54266. Fees. (a) An initial inspection of location fee of $11.50 per newsrack shall accomoany the newsrack permit application. The annual permit fee.is tea-dellafs $11.50 per newsrack due October 1 st and will expire the 30the day of September each year. Fees for the initial year shall be prorated on a monthly basis, and shall be calculated using the following formula: (1) Initial fee = $0.83 per newsrack multiplied by the number of months remaining in the year. (2) Failed permit inspections are subject to a re -inspection fee of fivedellars $5.75. All of the above fees will be used to defray administrative expenses relating to this article only. (b) To renew a permit, the distributor shall submit payment for the upcoming full year in advance to the department prior to each October 1 st. (c)Non-conforming newsrack(s) may be subject to removal and if removed shall be subject to a $1548 90.00 removal. and storage fee, pursuant to subsection 54-270(c). ARTICLE Vlll. USE OF PUBLIC RIGHTS-OF-WAY BY COMMUNICATION SYSTEMS Sec. 54-305. Compensation for permit. (b) Telecommunication company solely providing toll telephone service City ofMusci Page 9 of 12 File 1d: 10-01002 (Version: 1) Printed On: 8/2312010 Submitted into thepubli_ 1, record fo item s) - on I / City Clerk File Number. 10-01002 (6) Upon the effective date of the adoption of this article in accordance with provisions of subsection (b) hereinabove, the following fee schedule is hereby fixed as follows: a. Annual fee. 1. For the first 50 lineal feet of pathway or less $x.99 290.00 2. For each additional lineal foot of pathway over 50 feet: i. Pathway(s) in existence as of the date of this ordinance: A. As of October 1, 1993 0.15 B. As of October 1, 1994 0.25 C. As of October 1, 1995 0.35 D. As of October 1, 1996 0.45 E. As of October 1, 1997 0.55 i7. Pathway(s) added subsequent to the date of this ordinance 0.7-5 .90 b. Initial fee for preparation review and approval of telecommunication agreement (does not include recording fee) $ 1,339-00 $1,525.00 c. Review of plans, issuance of installation permit and inspection of installation of new facilities 1. For first 50 lineal feet or less of pathway $ 259:90 290.00 2. For each additional lineal foot of pathway over 50 feet 0.30 .35 d. Fee for government-owned communications system: 1. Annual fee $ x,00 290.00 2. Initial fee including review of plans and inspection plus recording fee 268-89 290.00 ARTICLE X. USE OF PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF LOW LEVEL WiNDSHEAR ALERT SYSTEM(S) Sec. 54379. Compensation for Permit The annual compensation which the FAA shall pay the city for a permit for the use of public rights-of-way for the establishment and maintenance of a LLWAS shall be $588:09 575.00 per pole location, as determined by the director of the department of public works. ARTICLE XI. USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES Sec. 54-413. Pay telephone permit required; length of permit; fine and removal of pay telephone(s) for placement without permit or certification. (a) No person may place or maintain any pay telephone on or above any street or sidewalk In the corporate limits of the city without having first obtained a pay telephone permit from the city as provided in this article. City 006—i Page 10 of 12 - File 14 10-01002 (Version: 1) Printed On: WM010 submitted into the public . ,ccord for ite (s) or, City Clerk File Number. 10-01002 (b) Any pay telephone permit issued by the city in accordance herewith shall be a nonexclusive permit for the use of the streets or sidewalks within the city for the erection, construction, reconstruction, Installation, operation, maintenance, dismantling, testing, repair and use of pay telephones. (c) Any pay telephone permit issued by the city shall continue in full force and effect so long as the permittee is in compliance with this article, and all applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose. (d) In the event any pay telephone permit shall be revoked, the applicable pay telephones(s) shall be removed from the streets or sidewalks in accordance with the provisions of this article. (e) Placement of pay telephone(s) on a street or sidewalk without timely securing a pay telephone permit as required by this article, or failure to have a current valid public service commission certification shall result in removal of the pay telephone(s) by the city. The owner shall be assessed a $288 08 230.00 fine per pay telephone and storage costs in accordance with subsection 54-422(c). (f) No pay telephone permit shall be issued by the city within a state road right-of-way. Sec. 54-418. Compensation for permit; late fee, revocation and removal of pay telephone(s) for nonpayment. (a) The initial nonrefundable fee payable by an applicant for a permit at the time of application for installation of pay telephones shall be $200.90 230.00 for each pay telephone requested to be installed pursuant to this article. An initial inspection fee of $10.00 per location shall accompany the pay telephone permit application. (b) There shall also be an.annual permit fee of $450:00 175.00 per year per pay telephone imposed for the administration and regulation of pay telephones in and the use or occupancy of the streets or sidewalks of the city. The pay telephone permit year shall begin on October 1 and end on September 30. The fee for any pay telephone permitted during the permit year shall be prorated to the end of the current permit year. The annual permit fee shall be due and payable on or before October 1. Permittee shall pay a late fee at the rate of 18 percent per annum of the amount of the unpaid or underpaid fee provided, however, that such rate does not exceed the maximum amount allowed under applicable law. if said fee is not received in total by the city within 60 calendar days of the start of the permit year, the city shall notify the permittee and the permit shall be revoked and the pay telephone removed, in accordance with section 54422. (c) The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment b construed as a release of any claim which the city may have for additional sums due and payable. (i) All fee payments shall be subject to audit -by the city and assessment or refund if the payment is found to be in error. (2) !n the event that such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent per month from the date due until the date payment is made. Section 6. If any section, part of section, paragraph, clause, phrase or word -of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of MOM! Page 11 of 12 File Id., 10-01001(Version: 1) Printed On: &7.3✓1010 Submitted into the publi , reco:rdfo 1te (s) . on _.)1. City Clerk F& Number. 10-01002 Section 7. This Ordinance shall become effectve thirty (30)days after final reading and adoption there� APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRIT CITY ATTORNEY Footnotes: {9) Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now In effect and remain unchanged. Asterisks indicated omitted and unchanged material. (2) This Ordinance shall become effective as specifled herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of he veto by the City Commission. ' [Sty ofmimI Page 12 of 12 FM Id: 10-07002 (Yersion: 1) Printed On: 8/13/2010 Submitted into the public, . record fo it (s) - L on City Cleri-, Tab 2 Municode Page 1 of 11 Submitted into the pub) c record i iteT(S). on 14 City Clerk Miami, Florida, Code of Ordinances >> PART II - THE CODE >> Chapter 54 - STREETS AND SIDEWALKS» ARTICLE XI. - USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES " ARTICLE XI. - USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES IE Sec. 54-411. - Statement of purpose. Sec. 54-412. - Definitions. Sec_ 54-413. - Pay telephone permit required: length of permit; fine and removal of pay telephone(s) for placement withoutpermit or certification. Sec. 54-414. - Pay telephone permit application. Sec. 54-415. - Pay telephone permit locations. Sec. 54-416. - Technical standards. Sec. 54-417. - Powers and duties of city public works director. Seca 54-418. - Compensation for permit: late fee, revocation and removal of pay telephone(s) for nonpayment_ Sec. 54-419. - Use of streets or sidewalks. Sec. 54-420. - Location and placement of pay telephones. Sec. 54-421. - Standards for maintenance, installation and operation of pay telephones. Sec. 54422= - Pay telephone permit revocation; removal generally and storage costs. Sec. 54-423. - Bonds. Sec. 54-424. - Indemnity and insurance. Sec. 54-425. - Police powers. Sec. 54-426. - Transfers: asslonments: subleases. W. 54-427. - Service of notice. Sec. 54-428. - No liability or warranty. Secs. 54-429-54-439. - Reserved, Sec. 54-411. - Statement of purpose. The city commission hereby finds and declares that it is necessary and reasonable for this article: (1) To regulate the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones in, upon, along, across, above, over, under or infringing upon the streets or sidewalks within the corporate limits of the city, as now or in the future may exist; (2) To provide the city with compensation for occupation and use of the city's streets or sidewalks for pay telephones; and (3) To provide the department of public works of the city with compensation for the cost of regulation imposed by this article on pay telephones. (Ord. No. 11937, § 2, 6-29-00) Sec. 54-412. - Definitions. For the purposes of this article and any agreement in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise http://library.muni code.com/print. aspx?h=&clientID=10933&HTMRequest=http%3a%2Plo... 4/3/2013 Municode Submitted into the pubjic page 2 of 11 record fit (s) L on �ti%� City Clerk specifically provided in this article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission and/or with F.S. ch. 337, as amended: City shall mean the City of Miami, Florida, its elected officials, agents and employees. Department shall mean the director of the public works department of the City of Miami or his/her designee. Pay telephone shall mean any self-service or coin or credit -card -operated telephone, including enclosures, or bank of such telephones placed adjacent to each other. Pay telephone permit shall mean the document by which a privilege is granted by the city to authorize a person to erect, construct, reconstruct, install, operate, maintain, dismantle, test, repair and use pay telephones occupying the streets or sidewalks within the city. Any pay telephone permit issued in accordance herewith shall be nonexclusive. Permittee shall mean any person issued a permit in accordance with the provisions of this article responsible for erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones occupying the streets or sidewalks within the city. Person shall mean an individual, business, firm, corporation, association, partnership or other organization or group of persons. Sidewalk shall mean that area reserved for the public use of pedestrian traffic within the city's zoned rights-of-way. State road shall mean those roadways that are part of the state highway system under the jurisdiction of the Florida Department of Transportation. Street shall mean all that area reserved forthe public use for public rights-of-way purposes and shall include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts, concourses, bridges, cul-de-sacs, tunnels, waterways, parks, roadways, parkways, alleys and sidewalks. (Ori. No. 11937, § 2, 6-29-00; Ord. No. 13087, § Z, 9710-09) Sec. 54-413. - Pay telephone permit required; length of permit; fine and removal of pay telephone(s) for placement: without permit or certification. (a) No person may place or maintain any pay telephone on or above any street or sidewalk in the corporate limits of the city without having first obtained a pay telephone permit from the city as provided in this article. (b) Any pay telephone permit issued by the city in accordance herewith shall be a nonexclusive permit for the use of the streets or sidewalks within the city for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use.of pay telephones. (c) Any pay telephone permit Issued by the city shall continue in full force and effect so long as the permittee is in compliance with this article, and. all applicable federal, state and oral ordinances and regulations and the space occupied is not needed for a public purpose. (d) http://arary.municode.com/print.aspx?h=&clientID-- 10933&HTMRequest=http%3a%2Plo... 4/3/2013 Submitted into the public Municode record fo ite Ss . i, Page 3 of 11 on 1, I City Clerk In the event any pay telephone permit shall be revoked, the applicable pay telephones(s) shall be removed from the streets or sidewalks in accordance with the provisions of this article. (e) Placement of pay telephone(s) on a street or sidewalk without timely securing a pay telephone permit as required by this article, or failure to have a current valid public service commission certification shall result in removal of the pay telephone(s) by the city. The owner shall be assessed a $230.00 fine per pay telephone and storage costs in accordance with subsection 54-422(c). (� No pay telephone permit shall be issued by the city within a state road right-of-way. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13195, § 5, 9-27-10) Sec. 54-414. - Pay telephone permit application. (a) A written pay telephone permit application, along with the permit application fee, in accordance with section 54-418, shall be fiWwith the department of public works for each pay telephone requested. (b) To be acceptable for filing, an application for the grant of a pay telephone permit shall contain, at minimum, the following information: (1) Site plan, in accordance with section 54-420(h) and a copy of the applicant's public service commission certification. (2) Bond, in accordance with section 54-423 (3) Indemnification/hold harmless agreement, in accordance with section 54-424 (4) insurance, in accordance with section 54-424 (5) Approval for provision of service from local service provider (i.e. AT&T) showing telephone number of proposed pay telephone (if available). The permittee shall notify the city in writing of any telephone number change for an approved/permitted pay telephone. (6) A global positioning system (GPS) coordinate, within ten feet accuracy, of each pay phone. Any application for a pay telephone permit shall not be considered until all of these requirements have been met. Additionally, the time for processing by the city of such application shall not begin until all requirements have been met. (c) Each pay telephone provider may be required to install and maintain, at no charge to the city, a specified number of pay telephones in city -owned and operated facilities. The number and location of pay telephones in city -owned and operated facilities shall be determined by the city, but, in no case, shall exceed one pay telephone per ten pay telephones permitted in accordance with this article. (d) All permit applications submitted under this section to the department of public works shall be awarded on a first come, first serve basis. (e) Once the pay telephone permit is approved, a decal will be issued to the provider for placement on the pay telephone in a manner such that it is easily visible to code enforcement personnel. M At any time during the three-year term of a specific permit, the pay telephone provider may voluntarily notify the director of public works, in writing, of an intent to remove the pay telephone and cause the permit to be revoked. Any pay telephone, for which voluntary revocation of the permit is requested by the provider, In accordance with this section, must be removed within 30 calendar days. If the pay telephone is not removed within 30 calendar days, the city shall remove the pay telephone in accordance with section 54-422 http://Iibrary.muriicode.com/print.aspx?h=&clientiD--10933&HTMRequest=http%3 a%2fp/o... 4/3/2013 Municode (Ori. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09) Sec. 54-415. - Pay telephone permit locations. Page 4 of 11 Submitted into the public - record ti ite s) on I t City Clerk (a) Any pay telephone permit issued in accordance herewith shall apply only to the location or locations stated on the pay telephone permit or permits. (b) The location and means of installation of pay telephones shall be subject to the department's approval. (c) Nothing in this article shall be construed as a representation, promise or guarantee by the city that any other permit or other authorization required under any city ordinance for the installation of pay telephone(s) shall be issued. The requirements for any and all other permits as may be required by any city ordinance, shall still apply and all other applicable permit fees shall still be due. (Ord. No. 11937, § 2, 6-29-00) Sec: 54-416. -Technical standards. All technical standards governing construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay tellephones provided for herein shall be in accordance with all applicable federal, state and local laws and regulations, including but not limited to the most recent editions of the Florida Building Code, National Electrical Code and the National Electrical Safety Code. (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09) Sec. 54-417. - Powers and duties of city public works director. The public works director or his authorized designee shall have the following powers and duties: (1) Receive and review applications for pay telephone permits; (2) Review and cause to be audited all reports and filings submitted by the permittee to the city pursuant to this article; and (3) Promulgate and regularly review, as needed, regulations regarding the construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of any pay telephone(s) established by pay telephone permit in accordance herewith. (Ord. No. 11937, § 2, 6-29-00) Sec. 54-418. - Compensation for permit; late fee, revocation and removal of pay telephone(s) for nonpayment. (a) The initial nonrefundable fee payable by an applicant for a permit at the time of application for installation of pay telephones shall be $230.00 for each pay telephone requested to be installed pursuant to this article. An initial inspection fee of $10.00 per location shall accompany the pay telephone permit application. (b) There shall also be an annual permit fee of $175.00 per year per pay telephone imposed for the administration and regulation of pay telephones in and the use or occupancy of the streets or sidewalks of the city. http://library.muni code.com/print.aspx?h=&clientID-10933&HTMRequest=http%3 a%2PIo.-. 4/3/2013 Municode Submitted into the public , record fo ite s) Page 5 of 11 on It. 11.1City Clerk The pay telephone permit year shall begin on October 1 and end on September 30. The fee for any pay telephone permitted during the permit year shall be prorated to the end of the current permit year. The annual permit fee shall be due and payable on or before October 1. Permittee shall pay a late fee at the rate of 18 percent per annum of the amount of the unpaid or underpaid fee provided, however, that such rate does not exceed the maximum amount allowed under applicable law. If said fee is not received in total by the city within 60 calendar days of the start of the permit year, the city shall notify the permittee and the permit shall be revoked and the pay telephone removed, in accordance with section 54-422. (c) The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable. (1) All fee payments shall be subject to audit by the city and assessment or refund if the payment is found to be in error. (2) In the event that such audit results in an assessment by and an additional payment to the city, such additional payment shall be subject to interest at the rate of one percent per month from the date due until the date payment is made. (Ord No. 11937, § 2, 6-29-00; Ord. No. 13195, § 5, 9-27-10) Sec. 54-419. - Use of streets or sidewalks. (a) Before commencing installation of a pay telephone(s) in any way connected with the streets or sidewalks of the city, the permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate city agencies, including but not limited to, the department of public works. Applications for such approval shall be made in the form prescribed by the director of public works or his authorized designee. Approval or denial of pay telephone permits shall be issued by the director within 60 calendar days of application for such permits, unless time is tolled due to an incomplete application or failure of applicant to respond to a written request from the department. (b) Upon obtaining such written approval, the permittee shall give the department of public works written notice of proposed installation within a reasonable time, but in no event shall such notice be given less than ten calendar days before such commencement except for emergency repairs of existing pay telephones, lines or cables. (6) Any person who submits a request for a permit in accordance herewith shall include therein fully executed agreements for the use of adjacent private property, if applicable, with the owner(s) of such facilities to be used or affected by the installation of the proposed pay telephone(s). (d) it shall be unlawful for the permittee or any other person to open or otherwise disturb the surface of any street or sidewalk for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of this section shall subject the permittee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the city. (e) The permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the city's standard specifications for streets or sidewalks or as directed by the city's engineer in the field and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good a condition as such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner. http://library.municode.com/print.aspx?h—&clientID=10933&HTMRequest=http%3a%2 Plo... 4/3/2013 Municode Submitted into the public page 6 of 11 record fo ite s) _ on _ City Clerk (f) The permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or sidewalk, or remove from such street or sidewalk, any of its property when required to do so by the city because of street or other public excavation, construction, repair, regrading or grading; traffic conditions; installation of sewers, drains, water pipes, city -owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit. (9) Nothing in this article or any permit issued in accordance herewith shall be construed as authorizing the permittee to erect and maintain new poles in areas served by existing poles, if the poles are available for permittee's cable. The permittee shall obtain written approval from the department of public works and other appropriate city agencies before installing any underground conduits where none exist. (h) The permittee shall keep accurate, complete and current maps and records of its facilities which occupy the streets or sidewalks within the city, detailed by linear foot and shall furnish, as soon as available, two complete and updated copies of such maps and records, including as -built drawings, to the department of public works on an annual basis. (I) The permittee, upon 30 calendar days' notice by the city, shall temporarily or permanently remove, adjust, raise or lower its facilities within the rights-of-way when the city determines that such action is needed for public use of the rights-of-way. U) The permittee shall obtain the written permission of the owner, including the city, before it trims or prunes any tree or other vegetation. (k) The permittee shall comply with all rules and regulations issued by the department of public works governing the construction and installation of pay telephones. In addition: (1) All service drops to pay telephones shall be underground, unless otherwise determined by the department of public works. (2) Any other pay telephone installations may be required to be serviced underground, in accordance with City Code and departmental policy. (Ofd No. 11937, § 2, 6-29-00) Sec. 54420. - Location and placement of pay telephones. (a) The installation of pay telephones in any manner connected with the streets or sidewalks within the city shall be subject to approval by the department of public works and shall conform to the following requirements: (1) It shall be free of interference with the flow of pedestrians, wheelchairs or vehicular traffic. (2) It shall allow ingress or egress from any residence or place of business. (3) It shall be free of interference with the function of traffic signs or signals, hydrants or mailboxes. (b) Pay telephones shall be placed or otherwise secured, so as to prevent being blown down or around the street or sidewalk, but shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants, mailboxes or other street amenities. (c) Pay telephones shall be placed, installed, used or maintained so as to be in compliance with chapter 54 of the Code and shall not be located within five feet of any pedestrian crosswalk, bus stop, taxistand or counter window or within 15 feet of any fire hydrant, fire callbox, police callbox, or other emergency facility. (d) http://lib.rary.municode.com/print.aspx?h=&client[D= 10933&HTMRequest=http%3 a%2P/o... 4/3/2013 Municode Submitted into the public record fo ite (s) , F L., ,t Page 7 of 11 on _ l 1 City Clerk The total number of pay telephones in a bank of pay telephones shall not exceed two. Except for subsequent application by the same permittee for the placement of an additional pay telephone adjacent to such permittee's existing pay telephone, the following minimum distance requirement, measured along the route of ordinary pedestrian travel, shall apply: unless approved in writing by the director of public works, no pay telephone shall be placed on the streets or sidewalks within 500 feet of any other pay telephone on the same side of the street or sidewalk within 500 feet of another pay telephone. (e) Pay telephones shall not be installed in single-family residential or duplex residential districts, as described in Ordinance No. 11000, the zoning ordinance of the city, as amended. M Upon receipt by the director of public works of a written complaint by a citizen or oral or written communication from a representative of the police department, department of fire - rescue, the department of public works, neighborhood enhancement team (NET) service center, or other city code enforcement personnel that the location and use of a pay telephone constitutes a public nuisance, in accordance with chapter 46 of the Code, as amended, 30 calendar days after proper written notice is given to the permittee, the director may require that the pay telephone to be. restricted to outgoing calls only. Permitted shall, within 30 calendar days after proper written request is given by the department, seek permission from the public service commission to restrict the pay telephone to outgoing calls only. Permittee shall restrict the calls to outgoing calls within ten calendar days after receiving permission from the public service commission to do so. (9) In the event that a particular pay telephone does not meet the location and placement requirements set forth herein, an applicant who has otherwise met all the requirements of this article may appeal the decision of the department to the city manager within 30 calendar days of the date of the denial. It is the obligation of the applicant to submit all documentation in support of such appeal. The city retains the right to deny any such appeal if in the discretion of the city manager the supporting documentation submitted by the applicant does not alter the circumstances of the original denial. The city manager may order the issuance of the permit if it is shown that the issuance of such a permit is reasonable In light of all the information presented. (h) A plan or sketch of the location of the proposed pay telephone shall be prepared by the applicant and furnished to the department at the time of application, showing all required distances as outlined under subsections (a) -4d) of this section and in sufficient detail to describe the proposed size, location (referencing the zoned street and monument line), equipment and means of installation. (Ord. No. 11937, § 2, 6-29-00) Sec. 54-421. - Standards for maintenance, installation and operation of pay telephones. Pay telephones shall comply with the requirements of all applicable federal, state and local laws, including the applicable provisions of the Americans with Disabilities Act of 1992 and the accessibility guidelines published in accordance thereto and with the following standards: (1) Pay telephone enclosures surrounding pay telephones shall not exceed eight feet in height, four feet in width or four feet in depth. (2) The design of all pay telephone enclosures, including signage, shall be subject to the approval.of the department of public works. (3) Pay telephones shall be maintained in a neat and clean condition and in good repair at all times. http://Hbrary.municode. com/print.aspx?h—&client1D=10933&HTMRequest=http%3a%2t`�/o... 4/3/2013 Submitted into the public Munieode recordf ite (s) _ Page 8 of I 1 on _ City Clerk (4) Any permittee who fails to maintain its pay telephone in working condition shall be given a 30 -day written notice by the department to repair the pay telephone. If the pay telephone is not in working condition at the end of the 30 -day period after proper notice is given, the department may revoke the permit and remove the pay telephone from the street or sidewalk, in accordance with section 54-422 (Ofd. No. 11937, § 2, 6-29-00) Sec. 54-422. - Pay telephone permit revocation; removal generally and storage costs. (a) Upon receipt by the director of public works of a written complaint by a citizen or oral or written communication from a representative of the police department, department of fire - rescue, department of public works, neighborhood enhancement team (NET) service center, or other city code enforcement personnel that a pay telephone fails to comply with the terms of this article or other provision of the Code, as amended, including but not limited to, failure to obtain a pay telephone permit, the director shall conduct an investigation into the complaint. (b) If the investigation referenced in (a) above finds substantial evidence that the pay telephone fails to comply with the terms of this article or other provision of the Code, as amended, or if the pay telephone provider fails to remit the annual permit fee within 60 calendar days of the start of the permit year, in accordance with section 54-418, the pay telephone provider shall be notified in writing that if the violation is not cured within 30 calendar days, any existing permit issued by the department for the installation of the pay telephone may be revoked and/or the pay telephone shall be removed by the city from the street or sidewalk. (c) The pay telephone so removed shall be stored within a city facility. The city does not assume any liability for damage to the equipment removed and stored pursuant to this subsection. Any permittee whose pay telephone(s) has been removed and stored by the city pursuant to this subsection may reclaim said pay telephone(s) after payment to the city of an administrative fee of $75.00 plus storage costs, to compensate the city for costs incurred for its removal and storage. (Orr. No. 11937, § 2, 6-29-00) Sec. 54-423. - Bonds. (a) All persons submitting a request for a pay telephone permit shall file with their request bonds solely for the protection of the city with a surety company or trust company or companies as surety or sureties in the amount sufficient to protect the city from any and all damages or costs suffered or incurred by the city as a result thereof, including but not limited to attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond, which shall not exceed the amount of $50,000.00; and the condition shall be a continuing obligation during the entire term of any pay telephone permit issued in accordance herewith and thereafter until the permittee shall have satisfied in full any and all obligations to the city which arise out of or pertain to the pay telephone permit. (b) None of the provisions of this section nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse the faithful performance by or limit the liability of the permittee under this article or any pay telephone http://hbrary.municode.comlprint.aspx?h=&clientII>= 10933&HTMRequest=http%3 a%2PIo... 4/3/2013 Municode Submitted into the punlic ccord foritfe s) L. t _ Page 9 of 11 "I _ 1, J City Clerk permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. (Orel No. 11937, § 2, 6-29-00) Sec. 54-424. - Indemnity and insurance. (a) The city shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, arising from the use, operation or condition of the permittee's pay telephone(s). . (b) The permittee shall indemnify, save and hold harmless and defend the city from all liens; charges, claims, including but not limited to, libel, slander, invasion of privacy and unauthorized use of any trademark, trade.name or service mark; demands; suits; actions; fines, penalties; losses; costs, including but not limited to reasonable legal fees and court costs including legal fees and court costs on appeal; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, arising out of or in any way connected with the installation, operation, maintenance or condition of the permittee's pay telephone(s) or the granting of the pay telephone permit. The granting of the pay telephone permit is a separate and distinct consideration for the granting of this indemnity. (c) Upon the granting of a pay telephone permit and at all times during the terms of the permit, including the time for removal of facilities as provided for herein, the permittee shall obtain, pay all premiums for, and file with the city's insurance manager written evidence of payment for premiums and a certificate of insurance indicating that the following insurance policies are in effect: (1) A general comprehensive liability policy indemnifying, defending and saving harmless the city, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the permittee under the pay telephone permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of $500,000.00 combined single limit for personal injury or death. (2) Property damage insurance, indemnifying, defending, and saving harmless the city, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of permittee under the pay telephone permit herein granted or alleged to have been so caused or occurred, with a minimum liability, of $500,000.00 combined single limit for property damage. (d) All insurance policies called for herein shall name the city as additional insured and shall be in a form satisfactory to the city's insurance manager and shall require 30 calendar days' written notice of any cancellation to both the city and the permittee. The permittee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the city written evidence of the issuance of replacement policies within 30 calendar days following receipt by the city or the permittee of any notice of cancellation. (e) In lieu of the insurance policies as required and referenced in subsections (c) and (d) above, the permittee may submit: (�) A certification by a qualified independent actuary, acceptable to the city's insurance manager, which indicates that permittee has established an "actuarially sound" self- insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subsections (c) and (d) above; or http://library.municode.conn/print.aspx?h=&cliendD=10933&HTMRequest=http%3 a%2f%... 4/3/2013 Submitted into the publie, Municode record f r ite (s) , A -u ti �, Page 10 of 11 on _ W I q City Clerk (2) Other documentation and proof acceptable to the city's director of finance and insurance manager which indicates that permittee has a self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subsections (c) and (d) above. (Ord. No. 11937, § 2, 6-29-00) Sec. 54-425. - Police powers. Nothing in this article or in any pay telephone permit issued in accordance herewith shall be construed as an abrogation by the city of any of its police powers. (Ord. No. 11937, § 2, 6-29-00) Sec. 54-426. - Transfers; assignments; subleases. (a) The permittee shall not transfer or assign its interest in any permit issued in accordance herewith, other than a general assignment of the permittee's entire assets or a pledge of the assets as collateral on a loan, without the prior written authorization of the director, department of public works. For the purposes of this section, a merger of consolidation of the permittee with another company shall not be deemed a transfer or assignment. However, written notice thereof shall be given to director of public works. (b) The permittee shall, within ten calendar days, notify the city's public works director, in writing, of any sublease, license, or other agreement it enters into with any person authorized to use, lease or license any or all of the permittee's facilities and shall fumish the name, address and telephone number of such sublessee, licensee or other user. (Ord. No. 11937, § 2, 6-29-00) Sec. 54-427. - Service of notice. All notices required to be given to the city under any provision of this article shall be deemed served when received through the U.S. Mail or delivered by hand in writing to the city's public works director or to any person in charge of the department during normal business hours. Any notice required to be given to a permittee under any provision of this article shall be deemed given, whether actually received or not, if sent by U.S. registered or certified mail, return receipt requested, postage prepaid, and addressed to the permittee at the address given in its most recently issued permit (Ord No. 11937, § 2, 6-29-00) Sec. 54-428. - No liability or warranty. This article shall not be construed to create or hold the city responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any pay telephone permit nor the approval or disapproval of any installation authorized herein constitute any representation, guarantee or warranty of any kind by., nor create any liability upon, the city or any official, agent or employee thereof. (Ord No. 91937, § 2, 6-29-00) Secs. 54-429-54-439. - Reserved. http://library.municode.com/print.aspx?h=&cliendD =10933&HTMReques�http%3 a%2fa/o... 4/3/2013 Municode Submitted into the publ' page 11 of 11. record fo(s L..I -)',I� ., rte City Clerk FOOTNOTE(S): —(6)— Editors note— Ord. No. 11937, adopted June 29, 2000, repealed the former Art. XI §§ 54-411-54-429. Section 2 of said ordinance enacted new provisions as set out herein. The former Art. X! pertained to similar subject matter and derived from Code 1980, §§ 54-192-54-2 10; Ord. No. 11099, § 2, adopted Nov. 23, 1993; Ord. No. 11171, § 2, adopted July 26, 1994. (Back) http://ljbrary.municode.comlprint.aspx?h=&clientID-10933&HTMRequest=http%3a%2f"lo... 4/3/2013 Submitted into the publi record fo ite s) — on 07'it City Clerk Tab 3 337.408 - - 2012 Florida Statutes - The Florida Senate The Florida Senate 2012 Flori Pagel of 3 Submitted into the public record fo ON (s) ,1 on It�, City Clerk TME XXVI CHAPTER 337 PUBLIC TRANSPORTATION CONTRACTING; ACQUISITION, VIEW ENTIRE CHAPTER DISPOSAL, AND USE OF PROPERTY 337.408 Regulation of bus stops, benches, transit shelters, street light poles, waste disposal receptacles, and modular news racks within rights-of-way.— (1) Benches or transit shelters, including advertising displayed on benches or transit shelters, maybe installed within the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided that such benches or transit shelters are for the comfort or convenience of the general public or are at designated stops on official bus routes and provided that written authorization has been given to a qualified private supplier of such service by the municipal government within whose incorporated limits such benches or transit shelters are installed or by the county government within whose unincorporated limits such benches or transit shelters are installed. A municipality or county may authorize the installation, without public bid, of benches and transit shelters together with advertising displayed thereon within the right-of-way limits of such roads. All installations shall be in compliance with all applicable laws and rules, including, without limitation, the Americans with Disabilities Act Municipalities and counties that authorize or have authorized a bench or transit shelter to be installed within the right-of-way limits of any road on the State Highway System shall be responsible for ensuring that the bench or transit shelter complies with all applicable laws and rules, including, without limitation, the Americans with Disabilities Act, or shall remove the bench or transit shelter. The department shall have no liability for any claims, losses, costs, charges, expenses, damages, liabilities, attorney fees, or court costs relating to the installation, removal, or relocation of any benches or transit shelters authorized by a municipality or county. On and after July 1, 2012, a municipality or county that authorizes a bench or transit shelter to be installed within the right-of-way limits of any road on the State Highway System must require the qualified private supplier, or any other person under contract to install the bench or transit shelter, to indemnify, defend, and hold harmless the department from any suits, actions, proceedings, claims, losses, costs, charges, expenses, damages, liabilities, attorney fees, and court costs relating to the installation, removal, or relocation of such installations, and shall annually certify to the department in a notarized signed statement that this requirement has been meL The certification shall include the name and address of each person responsible for indemnifying the department for an authorized installation. Municipalities and counties that have authorized the installation of benches or transit shelters within the right-of-way limits of any road on the State Highway System must remove or relocate, or cause the removal or relocation of, the installation at no cost to the department within 60 days after written notice by the department that the installation is unreasonably interfering in any way with the convenient, safe, or continuous use of or the maintenance, improvement, extension, or expansion of the State Highway System road. Any contract for the installation of benches or transit shelters or advertising on benches or transit shelters which was entered into before April 8, 1992, without public bidding is ratified and affirmed. Such benches or transit shelters may not interfere with right-of-way preservation and maintenance. Any bench or transit shelter located on a sidewalk within the right-of-way limits of any road on the State Highway System or the county road system shall be located so as to leave at least 36 inches of clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the road. (2) Waste disposal receptacles of less than 110 gallons incapacity, including advertising displayed on such waste disposal receptacles, may be installed within the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided that written authorization has been given to a qualified private supplier of such service by the appropriate municipal or county government. A municipality or county may authorize the installation, without public bid, of waste disposal receptacles together with advertising displayed http://flsenate.gov/Laws/Statutes/2012/337.408 4/3/2013 337.408 - - 2012 Florida Statutes - The Florida Senate Submitted into the public page 2 of 3 record for ite (s) I- on_ ti City Clerk thereon within the right-of-way limits of such roads. Such waste disposal receptacles may not interfere with right -of-way preservation and maintenance. (3) Modular news racks, including advertising thereon, may be located within the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided the municipal government within whose incorporated limits such racks are installed or the county government within whose unincorporated limits such racks are installed has passed an ordinance regulating the placement of modular news racks within the right -of-way and has authorized a qualified private supplier of modular news racks to provide such service. The modular news rack or advertising thereon shall not exceed a height of 56 inches or a total advertising space of 56 square feet No Iater than 45 days prior to installation of modular news racks, the private supplier shall provide a map of proposed locations and typical installation plans to the department for approval. If the department does not respond within 45 days after receipt of the submitted plans, installation may proceed. (4) The department has the authority to direct the immediate relocation or removal of any bus stop, bench, transit shelter, waste disposal receptacle, public pay telephone, or modular news rack that endangers life or property or that is otherwise not in compliance with applicable laws and rules, except that transit bus benches that were placed in service before April 1, 1992, are not required to comply with bench size and advertising display size requirements established by the department before March 1, 1992. The department may adopt rules relating to the regulation of bench size and advertising display size requirements. If a municipality or county within which a bench is to be located has adopted an ordinance or other applicable regulation that establishes bench size or advertising display sign requirements different from requirements specified in department rule, the local government requirement applies within the respective municipality or county. Placement of any bench or advertising display on the National Highway System under a local ordinance or regulation adopted under this subsection is subject to approval of the Federal Highway Administration. (5) A bus stop, bench, transit shelter, waste disposal receptacle, public pay telephone, or modular news rack, or advertising thereom may not be erected or placed on the right-of-way of any road in a manner that conflicts with the requirements of federal law, regulations, or safety standards, thereby causing the state or any political subdivision the loss of federal funds. Competition among persons seeking to provide bus stop, bench, transit shelter, waste disposal receptacle, public pay telephone, or modular news rack services or advertising on such benches, shelters, receptacles, public pay telephone, or news racks may be regulated, restricted, or denied by the appropriate local government entity consistent with this section (6) Street light poles, including attached public service messages and advertisements, maybe located within the right-of-way limits of municipal and county roads in the same manner as benches, transit shelters, waste disposal receptacles, and modular news racks as provided in this section and in accordance with municipal and county ordinances. Public service messages and advertisements may be installed on street light poles on roads on the State Highway System in accordance with height, size, setback, spacing distance, duration of display, safety, traffic control, and permitting requirements established by administrative rule of the Department of Transportation Public service messages and advertisements shall be subject to bilateral agreements, where applicable, to be negotiated with the owner of the street light poles, which shall consider, among other things, power source rates, design, safety, operational and maintenance concerns, and other matters of public importance. For the purposes of this section, the tern "street light poles" does not include electric transmission or distribution poles. The department shall have authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section. No advertising on light poles shall be permitted on the Interstate Highway System. No permanent structures carrying advertisements attached to light poles shall be permitted on the National Highway System. (7) -A public pay telephone, including advertising displayed thereon, maybe installed within the right -of --way limits of any municipal, county, or state road, except on a limited access highway, if the pay telephone is installed by a provider duly authorized and regulated by the Public Service Commission under s. 364.3375, if the pay http://flsenate.gov/Laws/Statutes/2012/337.408 4/3/2013 337.408 - - 2012 Florida Statutes - The Florida Senate Submitted into the public page 3 of 3 record for rte s on �, City Clerk telephone is operated in accordance with all applicable state and federal telecommunications regulations, and if written authorization has been given to a public pay telephone provider by the appropriate municipal or county government. Each advertisement must be limited to a size no greater than 8 square feet, and a public pay telephone booth may not display more than three advertisements at any given time. An advertisement is not allowed on public pay telephones located in rest areas, welcome centers, or other such facilities located on an interstate highway. (8) Wherever the provisions of this section are inconsistent with other provisions of this chapter or with the provisions of chapter 125, chapter 335, chapter 336, or chapter 479, the provisions of this section shall prevail. History.—s. 21, ch. 85-180; s. 61, ch. 94-237; s. 30, ch. 95-257; s. 63, ch. 96-323; s. 82, ch. 2002-20; s. 22, ch. 2004- 366; s. 11, di. 2009-85; s. 37, ch. 2012-174. Dhdaimer: The Information on "system is unverified The journals or printed Mlle of the respective chambers should be consulted for official purposes. Copyright ® 2OW 2DO State of Florida. http://flsenate.gov/Laws/Statutes/2012/337.408 4/3/2013 Submitted into the public record t" r ite (sj V L on it City Clerk Tab 4 12/01;2NO 11:55 9545242414 Submitted into the publi record for iter/f(s) _ F IRS7 ? -9t.i on _ / ' d6k QI}_YA/}}J�ing Io v /�L M owe wa EW w iF��1a�rr mom 4MMOr.— Jv anhhA A 1 MW ri PO wI w rWs.+.0 mrL ara Aspcwrm "M law w1"M ruar�� •� r. t �� � ■RriMYW! { .i , � t1� �" Y �t '�• II� _ �, �i,Jr lull.:: IU iL.. •c 3 ■ !l ■ #1! •[ il1SI:.,_-, lull- ..i-.-►_'.. yl -L-A— #i rJ.t11�_..'-1n� L.. 1. ■- ■ �r rr■ti. .Li MWOR... if f.J►--._■ aha ''z%A IL 2 KA NU t b0/TO 3wd TOP aMAS A" fiat -W W,W� rIDISMNn WOE _P N R rr.1r r�_rr■� 7YIIYt OMAS Wr Yl■OIruL rMfIW 4 �' ___. _ f�� VTb£-bZ9-V96 ZO:Li ZIOZ/L8/Z8 Submitted into the publi record fite s) on7i . City. 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IO Mlt �1w �t 1�YQ tNl YI IYrM 111[ �YIIt r>Nr'llr wO�llli �YMM w� r.we MA X111 rsr, trwwr www �Ip111 M� ++ wr awe wwnlc ,moi .a air a aAV 9i f � : �}a�1�4�,fat mws h1a ftw •• 1►. iM saw tw,r ft >w¢ tI11wR ar r on& PM t►►r *SUAT H, tt i � twwrr bTvE-bZ9-ti96 ZO:Li ZTBZ/L0/Z0 12:61/2080 11:55 9545243414 RASE, PLATEmom. L W7tiYw 0 Ria4"MU Miff SWAW 61M ttit•Yar• ..ar �'t+►'.a+�w,rp ar rrt r �rww�-,.c.�_ "K . 1 Yea t y.?"'_ Tw- M w t sm am MaaOILWA"rtoW& T* w a tt iav� V1' 4L Submitted into the public record fof ite s) .. � C, 7. on / ) Z City Clerk C'Y-M't a kUIC441 4 ria 02 W"re — t+. • • wa. W"wr WauiPw ArW W 4W -4W - TW6 Y a ftM Ate• � M �. Womb i•vw� alar a tars .0. war ,M"IN «a�roa» �tiW; Y I IUTL 4 wd/ --{ M• « t Mori, apOa W4 4, 1%" Uk • � aYlal� aY wW. •n � tai. r • e1a+�e,ea± b0/08 3E)Vd — bibE—bZ5—b56 Z6:L1 ZTBZ/40/Z0 Submitted into the public— record fo�j ite (s) on _ / City Clerk Tab 5 M1 Submitted into the public AT -record! for item ) _ L IL TUMT on City Clerk JOHNNY MARTIN Z, P.E. ilo Rai Cay Manae 0 October 17, 2012 Guy Thomas Strempack Vke'President and General Counsel FirstAmerican Telecommunication Corp. Iiw W Broward Blvd, 1st Floor Ft Lauderdale, FL 33312 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: RENEWAL PAY TELEPHONE PERMIT STICKERS PERNUTTEE: FIRST AMERICAN TELECOMMUNICATION CORP. Dear Mr. Strempack, Enclosed are 93 permit ronewal.stickers (from # 001 to # 093) %r the fiscal year 2012-2013. Permittee shall place pesrnh stickers over the Existing stickers within 30 days of receipt of this letter on the pay telephones as per the attached Pay Teteph,one Master'List Permittee shall maintain }gay telephones in proper working order et all times and shall ensure that pay telephones are free 'of graffii, stickers, Pape, advertising {only where permitted), posters or other unrelated materials unless same is specifically permitted. Permittee shall provide quarterly inspection reports to the Department of Public Works and certified revenue statement in support -of the required revenue sharing contribution. Thank you for your cooperation. gal", tl tana, P.E. .m Engineer Works Department Enc: Pay Telephone Master List 2012-2013 c: file DEPARTMm311T OF:Pvwx WORKS 444 5: W. 2nd Avenue J Miami, Flwtb 33110 i (305) 416-1200.1 Fax: (305) 4164278 Mailing Address: P..O_ Box -W7.06 Miarniji. 33233-0708 r � zc6 o e ct6 _ CbI ISS— on Submitted into the public record fo ite (s) i on _ City Cle k i FOrre4.R1'ro�b=ofiae 6adc pRm N ymr lidtmet twaatr s rot s,ppatea. I View Check Images i ,•••• ••:••••• FNiSTIiMCMi 302353 ��l�� � T�Ole,ix�eP.. aoanesLa+oa noowcsFer+owuraarva } MR09tUOM FAX 12oo _ i rMf1YMM.M.Y _ 1 7IIot1oDAE CflYOFJueA1AIPUBLICVYp� „tee CRYOMMPUBLIC ORKs t caro ' aPUM3PAVPN e>FPEaauts j_ r;Ot353r ti06?0124131: Mp601�.5.4U6�' I I I � � j .. j if MR i "il , R 3 e4l b 9 171a0s. oz Tab 6 Submitted into the public record for ite (s) i on _IL L City Clerk Submitted into the pudic J-01-171 record foy ite s) — L 5/10/01 on _ j, � cityRESOLUTION NO. 01 — 449 A RESOLUTION OF THE MIAMI CITY COMMISSION, i4ITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, WITH THE ASSISTANCE OF THE DEPARTMENT OF PUBLIC WORKS, TO INITIATE, ADMIINISTER AND EVALUATE A ONE YEAR PILOT PROGRAM, LIMITED TO THE DOWNTOWN DISTRICT, THE LATIN QUARTER DISTRICT AND THE AREAS OF SOUTHEAST OVERTOWN PARK WEST AND LITTLE HAITI BOUNDED BY NORTHWEST 54" STREET AND SECOND AVENUE, FOR STANDARDIZED MODULAR PAY TELEPHONE ENCLOSURES ON PUBLIC RIGHTS-OF-WAY WHICH PERMIT TWO SINGLE ADVERTISING PANELS LOCATED ON OPPOSITE SIDES OF THE ENCLOSURES, CONSISTENT WITH THE RBOUIREMENTS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND OTHER PERTINENT CITY RULES, REGULATIONS AND POLICIES; FURTHER ACCEPTING A LETTER DATED FEBRUARY 19, 2001, FROM FIRST AMERICAN TELECOMMUNICATION CORPORATION, ATTACHED AS %EXHIBIT A", IN WHICH THE CORPORATION AGREES TO PAY TUB CITY FIFTEEN PERCENT OF ADVERTISING REVENUES IN XXCHANGR FOR THE PRIVILEGE OF PARTICIPATING IN THE PILOT PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, Sections 54-411 through 54-428 of the Code of the City of Miami, Florida, as amended, provides uniform procedures for the grant of permits for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pay telephones in the City's public rights-of-way, to ensure conformance with the CITY CO1K US90M �r•i 1 lwwW�►un L+u. Submitted into the public rcco rd ford t�er?sj 0 0 policies and procedures of the Florida Public Service Commission (FSC), the revocation of pay telephone permits for nonconformance of regulations and uniform compensation for the cost of enforcement and administration of regulations; and WHEREAS, as a component of an overall effort to promote the revitalization and redevelopment of the City and to encourage the reduction of visual blight, the City wishes to conduct a one year pilot program to improve and standardize the appearance of pay telephone enclosures on the public rights-of-way, in such a way that these enclosures contribute to and do not unreasonably detract from the appearance of the overall aesthetics of the surrounding area; and WHEREAS, the City Commission has identified the Downtown District, the Latin Quarter District and the areas of Southeast Overtown Park West and Little Haiti bounded by Northwest 54`x' Street and Second Avenue as the most suitable target areas for the location of this pilot program; and WHEREAS, the City recognizes that limited advertising may be necessary to offset the increased costs of the new standardized pay telephone enclosures and that solely for the purposes of this one year pilot program, advertising consisting of two single advertising panels located on opposite sides of the new standardized enclosures shall be permitted as provided for herein; and Page 2 of 5 +1 .. 449 •Submitted into the publi record fo item on I City Cl WHEREAS, First American Telecommunication Corporation (the "Corporation") has noticed the City of its desire to participate in the pilot program for pay telephone locations that have been properly permitted within the target areas in accordance with the Code of the City of Miami, Florida, as amended, and other pertinent City rules, regulations and policies; and WHEREAS, the Corporation has voluntarily agreed to limit the type of advertisements to be placed on the pay telephone enclosures as shown on the letter from the Corporation to the City dated February 19, 2001, attached as "Exhibit A"; and WHEREAS, the Corporation has also agreed to pay the City fifteen percent of its pay telephone advertising revenues for the privilege of participating in the pilot program as specified in attached "Exhibit AN; and WHEREAS, the City has determined, and the Corporation has agreed, that the color of the entire new standardized pay telephone enclosures, including mounting hardware shall be consistent with the color approved for Newfiracks on the public rights-of-way; and WHEREAS, at the conclusion of this pilot program, the City may consider the resulting recommendations for possible amendments to Chapter 59, Article XI., of the Code of the City of Miami, Florida as amended, entitled "Streeta and Sidewalks, Use of the Public Rights -of -Way for Installation of Pay Telephones"; Page 3 of 5 01— 449 • Submitted into the public ' record fo item s) on ( City Cie NOW, THSRLFORS, SE YT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager, with the assistance of the Department of Public works, is authorized to initiate, administer and evaluate a one year pilot program, limited to the Downtown District, the Latin Quarter District and the areas of Southeast Overtown Park West and Little Haiti bounded by Northwest 54"' Street and Second Avenue, including appropriate standards, for the implementation of standardized modular pay telephone enclosures which permit two advertising panels located on opposite sides of the enclosures consistent with the provisions of the Code of the City of Miami, Florida, as amended, and other pertinent City rules, regulations and policies. Section 3. A letter dated February 19, 2001, from First American Telecommunication Corporation, attached as "Exhibit A', in which the Corporation agrees to pay the City fifteen percent of advertising revenues in exchange for the privilege of participating in the pilot program is accepted. Page 4 of 5 o l— 449 Submitted into the pubb recordfof ite (s on 9/ City section 4. The City Manager is authorizedif to execute any necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor -2J PASSED AND ADOPTED this 10th day of May , 2001. JOE CAROLLO, MAYOR In aom+bnoe with Miaml Cods Sec. 2-3ti, since the Maya did not Udmte appmval of Oft t'xYcclatbn by ripninp it In the desoWed pia provided. said legirlstbr. ATTEST: Uoto cis Fifloc" wfth the �Mer.,nof ten (to) ys Iho mrrissi li X tQ Wne, wiftu the fUhdytu Uxercis o. WALTER J. FORMAN atter J. Clerk CITY CLERK APPROVTgJFORM AND..CORRECTNESS & ATTORNEY W5103:YMT:SSS !� The herein authorization is further subject to compliance With all requirements that may be Imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 5 of 5 0 l" 449 • EXHIBITSubmitted into the public Febtttary 19, 2001 SUNT CERTIFIED MML 7900 0520 0017 9142 3106 City of Miami ata: Mr. Carlos a Gitwre City Manager 444 SW 20 Avenue I& 140or Meati, F) 33130 deet' Mr. Gimcnez: I stn wrWM to on behalf of First American Telecoraounicadon Corporation regarding our U with tttt City on 2/13101. As you are avmct First Atncricart has permitted acrd installed Public Telephone Advertising Sips * Kioal s in 'file City of Miami. The advertising ntaW:titii/sigttaae that is currently placed on the kiosk's am from "national" COcnpAnies COVCrir* clothbV a =C4tjwrias to fie ACW or ions, etc. Pursuant to our discussions with your stag First Aattrim )tar agreed to HwA the advertising as follows: a) Orly ttmlorml or local (Mihmi) cotgmnics will be dlepleyed on the =01osum, b) First Atntciaart. will not Adveltise averts outside of MWW SW its tasrrounding rices. c) First Atrserieaa wW:iot advertise Tabscco or Liquor on the enok►swes• d) rag At Miran Will Work with the City to comml content if awvie advamL emants are placed on the enclosure. 4) First American will allow the City to iwst event& pubes service niessagCs, etc. at a designated area inside the cnebau te.Is% In addttioa, Fra American will cvnWNw t the City at a romm6s'on of�e of thi aadvertWing =vow above and beyond an fees stipulated in the Ordau = regulUdut pay tclopboucs on ibe City ftw of way. If you )rave soy questions or comerns. please tbd fmc to contact me at the above address, pbow or a-wAll. Sinctat�y. 2 Gotmnr•[Dngoos`lavtc Prelddorx cc: John Jackson, I.E., Dlrcctar. Pubaic Works. City of Miami GIS 01- 449 �n«..,i;�o �a•.•i tn.,•�L...1.•vr •11.•w.•r i i. �.vvhIM11U• �'t�!p1+tg11Ih1{(la� � .. .... _- -. ._ ._ �.����_' zo 3wd NV31td3Wo 1S6I3 bttLrlSP66 6^c:4T TBOUST/Oe City ---.ZA 0 21 v ENTER -OFFICE MEM0RANDUh1 The Honorable Mayor and - 's AM i 7 Members of the City Commission Carlos A. Gimenez City Manager ' _ = Pay Telephone Pilot Program - Submitted into the public record fo rte (s) .EL on t1, f Iti 1 a City Clerk It is respectfully recommended that the City Commission adopt the attached resolution atahaftrig the Director of the Deparituent of Public Works to initiate. administer and evaluate a one year pilot program, including appropriate standards, for the implementation of standardized modular pay telephone enclosures which permit two ad%vnising panels located on opposite sides of the enclosure consistent Mth the terms of this resolution. the Code of the City of Miami, Florida. as amended, and other pertinent City rules, regulations and policies, limited to the Downtown and Latin Quarter Districts and ending on March 31, 2002. The City Commission approved Ordinance No. 11937, adopted June 29, 2000, to provide for uniform procedures relating to the granting of permits for the construction, ittatallation, operation and tnaintenance of pay telephones in the City's Public Rights -of - Way. to ensure conformance with the policies and procedures of the Florida Public Service Commission (PSC.) as it relates to pay telephones, to provide for the revocation of pay telephone permits for nonconformance with the ordinance, and to provide for uniform compensation for the cost of regulation and administration of the ordinance. As a component of an overall effort to promote the revitalization and redevelopment of the City sad to encourage the reduction of visual blight, the City has identified a need to conduct a one year pilot program to improve and standardize the appearance of pray telephone enclosures on the public rights-of-way, in such a way that these enclosures contribute to and do not unreasonably detract from the appearance of the overall aesthetics of the surrounding area. The Downtown and the Latin Quarter Districts have been identified as the most suitable target areas for the location bf this pilot program. Limited advertising may be necessary to offset the increased cost of the new standardized pay telephone enclosures and that solely for the purposes of this one year pilot program, this advertising would consist of two single advertising panels located on opposite sides of the new standardized enclosure: I ' — . 01- 449 ! 0 71w Honorable Mayor sad Submitted into the public Members of the City Commission record for.'tem( ).. • - A ,1, Pay U011110110 Pilot Pragtatsa City Clerk Pag, •.lr:wti :! N. �;S.'.a..l ,x•.., �.i„ i�.:•t;��''7^r'.y.."iCR: .2;.�fti:�.:. ��.a2, ' ..'f•'t.a `'s•.. .ir:. 'ti:Ly.�-f�.7r5tt�.;,��s; .k::"•ri{:.:•' ',Z1.: -.^»: FU' U American Tel on Corporation hes informed the City of their desire to participate in this pilot program for pay telepbone locations that have been properly permitted within the target areas in a►ccardorm with this Resolution, the Code of the City of hfimi, Florida, as amended, and other petting City rules, regulations and policies. Addflonally, the Corporation has voluntarily woad to limit the type of advertisements to be placed on the pay telephone enclosures as stated in a letter from the Corporation to the City dated Febnu" 19, 2001, has agreed to pay the City fifteen percent (15%.) of their pay telephone advertising revenues for the privilege of participating in the pilot program, and has agreed that the color of the entire new standardized pay telephone enclosure, including mounting hardware, shall be consistent with the color approved for Newsracks on the public rights-of-way. At the conclusion of this pilot program. the City may consider the resulting recommendations for possible revision of Chapter $4. Article Xl, of the Code of the City of Miami. Florida as amended, entitled "Streets sod 5idowaHm Use of tate Public Righs- of•Way for Installation of Pay Telephones'. 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