HomeMy WebLinkAboutO-11937J-00-580
6/29/00
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ORDINANCE NO.
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, INSTALLATION,
OPERATION AND MAINTENANCE 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 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 54-411 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. 11099,
(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
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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, residents 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 ORDAINED 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 as if fully set forth in this
Section.
Section 2. Chapter 54, Article 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
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.
11093x6
Page 2 of 23
i
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 pPay tTelephones in, upon, along,
across, above, over, under or infringing upon
in any manner eennected with the eStreets or
eSidewalks within the corporate limits of the
eCity, as now or in the future may exist;
(2) To provide the eCity with compensation. for
occupation and use of the eCity's Streets or
Sidewalks rights ef way for Pay tTelephones;
and
(3) To provide the department of public works of
the eCity with compensation for the cost of
regulation imposed by this article on 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, that in any manner is eenneeted with e
public streets er sidewalks within tite ci-t-y.
Pay -t Telephone pPermitagreement shall mean the
document by which a privilege is granted by the eCity
to authorize a pPerson to erect, construct,
reconstruct, install, operate, maintain, dismantle,
test, repair and use pPay Telephones occupying the
eStreets and or eSidewalks within the eCity. Any pPay
Page 3 of 23 3 7
-Telephone pPermit agreement issued in accordance
herewith shall be -a nonexclusive agreement and shall be
Permittee shall mean any pPerson 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 pPay -Telephones :in an:y
manner eenneted w4th occubying the &Streets or
-&Sidewalks within the eCity.
Person shall mean an individual, business, firm,
corporation, association, partnership or other
organization or group of pPersons.
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 -&Sidewalks.
Sec. 54-413. Pay Telephone Permit agreement- required;
length of permit -Fine and removal of pay
telephone(s) for placement without
permit or certification.
(a) No pPerson may place or maintain any pPay
-Telephone on or above any -&Street or -&Sidewalk in the
corporate limits of the eCity without having first
obtained entered —ante a pPay -Telephone pPermit
from the eCity as provided in this
article.
(b) Any pPay -Telephone pPermita J v __nt __e!
(d) In the event any 'p -Ray Telephone pPermit
shall be 'revoked, the applicable p.Ray tTelephones(s)
shall be removed from the -aStreets or-aSidewalks 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 $200 fine per Pay
Telephone and storage costs in accordance with
Section 54-422(c
Sec. 54-414. Pay Telephone Permit application.
a) A written Pav 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 Pav 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 (e.g., BellSouth) showing
telephone number of proposed Pay Telephone
(if available). The provider shall notify
the City in writing of any telephone number
change for an approved/permited Pay
Telephone.
Anv application for a Pav 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.
Page 5 of 23 . 11.3 7
c) To ensure fair and impartial treatment of all
Pay Telephone providers, all Pay Telephone Permits
issued prior to July 1, 2000 shall expire on July 1,
2000. All currently permitted Pay Telephone
providers that are presently certified as such by
the. Florida Public Service Commission (PSC) shall
comply with the following recfuirements:
(1) Each Pay Telephone provider shall submit 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 locations 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 provider desires to retain
and hermit and those specific locations that
the Pay Telephone provider no longer desires
to occupv and does not intend to permit. Any
Pay Telephone currently installed in a
location that a provider does not intend to
permit, in accordance with this article, must
be removed prior to October 1, 2000.
(2) Each Pay Telephone provider shall submit to
the director of the department of public
works, within thirty (30) calendar days from
July 1, 2000, a completed Pay Telephone
Permit a-pplication, in accordance with this
article, along with the Pay Telephone Permit
application fee, in accordance with section
54-418, for each Pay Telephone to be
permitted.
(3) Each Pay Telephone provider shall remit to
the City within ninety (90) calendar days
from July 1, 2000, but no later than October
1, 2000, the annual permit fee, in accordance
with section 54-418, for each Pay Telephone
to be permitted.
(4) Each Pay Telephone provider shall 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 no later than October 1, 2000,
but, in no case, shall exceed one (1) Pay
Telephone or one (1) bank of Pay Telephones
Page 6 of 23 1 nu3 7
per ten (10) Pay Telephones permitted in
accordance with this article.
(d) Permit applications for any existing Pay
Telephone locations that a Pay Telephone provider no
longer desires to occupy as well as any newPay_
Telephone locations shall be accepted commencing on
October 1, 2000.
(e) All permit applications submitted in
accordance with (d) above, as well as any other
permit applications 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 to code enforcement personnel.
(g) At any time during the three (3) 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 revokation of the
permit is requested by the provider, in accordance
with this section, must be removed within thirty
(30) calendar days. If the Pay Telephone is not
removed within thirty (30) calendar days, the City
shall remove the Pav Telephone in accordance with
section 54-422.
Sec. 54"-414. Pay Telephone Permit locations.
Sec. 54-415.
(a) Any Pay tTelephone p.2ermit issued in
accordance herewith shall apply only to the location or
locations stated on the p.Eay VTelephone p.Eermit or
Permits.
(b) The location and means of installation of
pPay t --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 eCity
that any other permit or other authorization required
under any eCity ordinance for the installation of Pay
t-Telephone(s) shall be issued. The requirements for any
and all other permits as may be required by any eCity
ordinance, including the rights ef way utilizatio.n.
pe-rmit shall still apply and all other applicable
permit fees shall still be due.
Page 7 of 23 7
See 54 415. Technical standards.
Sec. 54-416.
All technical standards governing construction,
reconstruction, installation, operation, maintenance,
dismantling, testing, repair and use of pPay
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.
See. 54 416. 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 pPay
t -Telephone pPermits;
(2) Review and cause to be audited all reports
and filings submitted by the pPermittee 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 pPay t�Telephone(s) established by
pPay tTelephone pPermit in accordance
herewith.
See. 54-417. Compensation for permit; late fee,
Sec. 54-418. 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 pPay t --Telephones shall be $200.00 for
each pPay t --Telephone requested to be installed pursuant
to this article.
(b) There shall also be an annual permit user fee
of $150 per year per Pay Telephone imposed for the
administration and regulation of Pav Telephones in and
the use or occupancy of the eStreets_and or -aSidewalks
of the eCity_grass
revenues cellected by the permittee from eaeh pa
telephene—m-aint-a-ine te—tis—atele—sub j ==t
te—a minima ee ef $100.90 per year per pay telephene.
Page 8 of 23 11937
$ ^ . ^^ $349.99
�2
$3SO . n�vim$449.99
$ncn.nn ,-,.7
( 2) Fe r , , , ether pay telephenes
maintained
$ n n $349.99 42-
Y nY
$350.00 $449.99
A "I "7
$450.00
ACn.nn v,,-] ever ^S 479
The user f ee--deserib ed in subsections ( b) ( I) and (2)
abeve shall be paid en a quarterly basis te the city.
Sueh user fee shall net be refunded te perfflittee in the
event—that a pay telephene(s) is/are by the city
pursuant te this artiele er in the event that permittee
leea-t-ien-- 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 eighteen percent (18%) 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 sixty (60) calendar days of
the start of the permit year, the City shall notify
the Permittee and the permit shall be revoked and the
Pav Telephone removed, in accordance with
section 54-422.
Page 9 of 23 19 3 7
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(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.
Page 10 of 23 1196A �d
Sec. 54-419. Use of Streets and or -sSidewalks.
(a) Before commencing installation of a p ay
t-Telephone(s) in any way connected with the eStreets or
eSidewalks of the eCity, 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 p.Eay
t -Telephone Permits shall be issued by the director
within 3G werking 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
p -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 (10) calendar days before such
commencement except for emergency repairs of existing
ppay Telephones, lines or cables.
(c) Any p.Rerson 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
owner(s) of such facilities to be used or affected by
the installation of the proposed Pay t-Telephone(s),
whieh agreements, if net already in effeet, shall
beoefRe—e€ eetive—ewe—dame—ef exeeutien of the pe ---'t
issued in cuecerdance— herewith n the event that si cn
(d) It shall be unlawful for the p.Rermittee or
any other p.Eerson to open or otherwise disturb the
surface of any eStreet or eSidewalk 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 p.Rermittee to all penalties and remedies prescribed
therein and to all other remedies, legal or equitable,
which are available to the eCity.
Page 11 of.23 11937
(e) The pPermittee shall restore any eStreet or
eSidewalk it has disturbed in accordance with the
provisions of the eCity's standard specifications for
eStreets or eSidewalks or as directed by the
eCity's engineer in the field and shall, atits 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, supports temporarily disconnect,
relocate in the same eStreet or eSidewalk, or remove
from such eStreet or eSidewalk, any of its property
when required to do so by the eCity because of eStreet
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
eStreets 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 pPermittee to erect and maintain new
poles in areas served by existing poles, if the poles
are available for pPermittee's cable. The pPermittee
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 eStreets or eSidewalks 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 pPermittee 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
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(k) The pPermittee shall comply with all rules
and regulations issued by the department of public
works governing the construction and installation of
pPay tTelephones. In addition:
(1) All service drops to pPay tTelephone shall be
underground, unless otherwise determined by
the department of public works.
(2) Any other pPay Telephone installations may
be required to be serviced underground, a7t-
t1ae—s e l e—drs e ret en o f the
public werks in accordance with City code and
departmental policy.
Sec. 54-420. Location and placement of pPay
tTelephones.
(a) The installation
manner connected with the
within the eCity shall be
department of public works
following requirements:
of pPay tTelephones in any
aStreets and or -&Sidewalks
subject to approval by the
and shall conform to the
(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 -&Street or -&Sidewalk, but y shall not be
chained or otherwise secured to any traffic or -&Street
signs, signals, hydrants, mailboxes or other aStreet
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.
Page 13 of 23 11937
and subsequent e- ae- elate -ethe --applicatie anEi er
the installatieThe total number of Pay Telephones
in a bank of Pay Telephones shall not exceed two (2).
-(e� Except for subsequent application by the same
pPermittee for the placement of an additional pPay
t -Telephone adjacent to such pPermittee's existing pPay
--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 pPay tTelephone shall be placed on
the Streets or Sidewalks within 300 500 feet of any
other pPay tTelephone on the same side of the eStreet
en or e -aSidewalk within 500 feet of another pPay
t -Telephone'
des e �in Ordinane e—Ne . 11909, t he z e,- i ng FNY�--,'�_-_�,_nr,� { P_
- J
(-fe) Pay tTelephones 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 erfe2le.men
department, the department of public works, or frem—a
nNeighborhood eEnhancement t -Team (NET) service center,
or other City code enforcement personnel that the
location and use of a pPay -Telephone constitutes a
threat to the health rid welfare —emsthe —ee trni ythe
whether the lecation and use ef the ay telephene
ceirstca-ccs-a-crire-ct t6- the -health -and welfare er-crrc
eemmunity. if the elireeter f+nds substantial-evidenee
that the leeatien and use ef the pay telephene
ceirstitu`yes- a threat to -t -he health and welfare-ef the
a public nusiance, in accordance with
Chapter 46, Public Nusiances, of the Code of the City
of Miami, as amended, thirty (30) calendar days after
proper written notice is given to the pPermittee, h -e
shall reveirce any permit issued by the department fer
the use ef the pay telephene and reffieve the pa
telephenefrollthe —street er sidewalk, Tie the
Page 14 of 23 11nu37
director may
fair, ineluding, requiring require that the pPay
Telephone to be restricted to outgoing calls only. A
shall Faean the —existenee—of--substantial criminal
Permittee shall, within thirty (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 (10) calendar days after receiving
permission from the public service commission to do so.
(dig) In the event that a particular pPay
t -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 ecity
Manager,— within thirty (30) calendar days of the date
of the denial
n Eley the eireumst-anees. 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 a -peal 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.
(47h) 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 sStreet
and monument line), equipment and means of
installation.
Sec. 54-421. Standards for maintenance, installation
and operation of ppay -tTelephones.
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
(1) Pay t -Telephone enclosures surrounding Pay
Telephones shall not exceed eight feet in
height, four feet in width or four feet in
depth.
(52) The design of all p.Ray Telephone enclosures,
including signage, shall be subject to the
approval of the department of public works.
(f3) Pay tTelephones shall be maintained in a neat
and clean condition and in good repair at all
times. Maintenance and service ef pall,
telephenes shall inelude, but net he lifnited
mom
Page 16 . of 23 119 3
7
(44) Any pPermittee who fails to maintain its pPay
t -Telephone in working condition may shall be
given a 30 -day written notice by the
department to repair the pPay Telephone. If
the pPay t7Telephone 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 with section 54-422. may
city faeility. The city dees net assume any
and stereel pursuant te this subseetion. Any
removed and stered by the eity pursuant te
total eestsireurred fer its rerire�o -Ful and
Sec. 54-422. Free of charge calls; posting of rates;
refund informal' Pay Telephone Permit
information
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
Page 17 of 23 . I 191 3 7
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 of
the City of Miami, as amended, including but not
limited to, failure to obtain a Pay Telephone Permit,
the director shall conduct an investigation into the
complaint.
W
by the public service eemffiissien.- 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 of the City
of Miami, as amended, or if the Pay Telephone provider
fails to remit the annual permit fee within sixty (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 thirty (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 Pav 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 removedand 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 plus storage costs, to
compensate the Citv for costs incurred for its removal
and storage.
VON
- -- - - - -- - - ---- -- - -------
Rai
Page 18 of 23 119 0 7
See. 5 -2 •
Sec. 54-423. Bonds.
(a)
All pPersons
submitting a request for a pPay t -Telephone 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 p-ay-tTelephone p.Rermit issued in accordance
herewith and thereafter until the pPermittee shall have
satisfied in full any and all obligations to the eCity
which arise out of or pertain to the pPay tTelephone
pPermit.
(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 pPermit issued in
accordance herewith or for damages either to the full
amount of such bond or otherwise.
See 5 425
X71..
Sec. 54-424. Indemnity and insurance.
(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 p.ermittee's pPay
t -Te 1 ephone (s) .
(b) The pPermittee 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 23 119 37
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 pPermittee's pPay t-Telephone(s) or the granting of
the pPay 457Telephone pPermit. The granting of the pPay
t -Telephone pPermit is a separate and distinct
consideration for the granting of this indemnity.
(c) Upon the granting of a pPay tTelephone
pPermit and at all times during the terms of the
permit, including the time for removal of facilities as
provided for herein, the pPermittee shall obtain, pay
all premiums for, and file with the eCity'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 eCity, its officers, boards, commissions,
agents or employees from any and all claims
by any pPerson whatsoever on account of
injury to or death of a pPerson or pPersons
occasioned by the operations of the
pPermittee under the pPay Telephone pPermit
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 name the Citv of Miami as additional insured and
shall be in a form satisfactory to the eCity's
insurance manager and shall require thirty (30)
calendar days' written notice of any cancellation 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 1 9 3 f)
written evidence of the issuance of replacement
policies within thirty (30) calendar days following
receipt by the aCity or the pPermittee 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 f -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.
See. 5 4 426.
Sec. 54-425. Police powers.
Nothing in this article or in any pPay t --Telephone
pPermit issued in accordance herewith shall be
construed as an abrogation by the ecity of any of its
police powers.
Sec. 54-42-7.
Sec. 54-426. Transfers; assignments; 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
pPermittee'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 pPermittee with another company
shall not be deemed a transfer or assignment. However,
written notice thereof shall be given to director of
ublic works.
(b) The pPermittee shall, within ten (10)
calendar days, premptly, in writing, notify the ecity's
pPublic wWorks director, in writing, of any sublease,
Page 21 of 23
�� 37
license, or other agreement it enters into with any
person authorized to use, lease or license any or all
of the pPermittee's facilities and shall furnish the
name, address and telephone number of such sublessee,
licensee or other user.
See. 54 428.
Sec. 54-427. Service of notice.
All notices required to be given to the ecity
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 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. 54 4 aT
Sec. 54-428. No liability or warranty.
This article shall not be construed to create or
hold the ecity responsible or liable for any damage to
pPersons or property by reason of any 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 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
Page 22 of 23 11 un 3 �J
preservation of peace, health, safety, and property of the City
of Miami.
Section 6. The requirement of reading this 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
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED BY TITLE ONLY this. _29th day of
June , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor dick not Indicate approval of
this legislation by signing it in the designated dace provided, bald leglaictlon nor/
becomes effective with the elapse often (10) days fror7y the elate of C:ornmis-`ce � action
regarding same, without the Mayor exc isin v t
ATTEST: alt J. F e an, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROV AS 2Q/FAND CORRECTNESS :b
�EJP,,KURO VILARELL4Qvo
C I ATTORNEY
901:YMT:RCL:BSS
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.
Page 23 of 23 -- 119 37
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
0 11
TO: The Honorable Mayor and DATE : JUN 1 4 2000 FILE
Members of the City Commission
SUBJECT: Emergency Ordinance Amending
Chapter 54, Article XI,
Use of the Public Rights -of -Way
FROM: Os A. 'me ez REFERENCES: For Installation of Pay Telephones
City Manage
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached emergency
Ordinance amending Chapter 54, Article XI., of the Code of the City of Miami, Florida,
as amended, entitled "Use of the Public Rights -of -Way for Installation of Pay
Telephones". This ordinance provides for uniform 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 conformance with the policies and procedures of
the Florida Public Service Commission (PSC) as it relates to pay telephones, provides for
the revocation of pay telephone permits for nonconformance with this ordinance, and
provides for uniform compensation for the cost of regulation and administration of this
ordinance.
BACKGROUND:
In 1993, the City approved Ordinance No. 11099, authorizing 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. The City has determined that pay telephones are an
essential service to public convenience and interest; that it is 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, residents and other citizens; that it is necessary to ensure compliance with the
policies and procedures of the Florida Public Service Commission (PSC); and that it is
necessary to assess a uniform annual permit fee that will cover the costs of
administration, regulation, and enforcement of the pay telephone ordinance.
CAGB WH/AGS/ecb
11937
U
•
CITY OF M[AM, FLORIDA
NOTICE OF PROPOSED EMERGENCY ORDINANCE
Notice is hereby given that the City Commission of the City of Miami, Florida, will consider the
following proposed Emergency Ordinance, dispensing with the requirement for two separate readings, on
June 29, 2000 commencing at 10:00 a.m., in the City Commission Chambers, 3500 Pan American Drive,
Miami, Florida:
ORDINANCE NO.
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 "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, INSTALLATION, OPERATION AND MAINTENANCE 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 THIS ORDINANCE, AND TO PROVIDE FOR
UNIFORM COMPENSATION FOR THE COST OF REGULATION AND
ADMINISTRATION OF THIS ORDINANCE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Said proposed emergency ordinance may be inspected by the public at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday,
excluding holidays, between the hours of 8 a.m. and 5 p.m.
All interested persons may appear at the meeting and may be heard with respect to the proposed
emergency ordinance. Should any person desire to appeal any decision of the City Commission with
respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of
the proceedings is made including all testimony and evidence upon which any appeal may be based.
(CITY SEAL)
(#8290)
WALTER J. FOEMAN
CITY CLERK
1.93:7
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned_ authority -personal ly_appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a -Legal Advertisement of Notice in the matter of
CITY OF,MIAMI
NOTICE OF PROPOSED
EMERGENCY ORDINANCE
JUNE 29, 2000
in the............XXXXX...................... Court,
was published in said newspaper in the issues of
Jun 19, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant f"her says that she has neither paid nor promised
any pe yn, firm or corporation any discount, rebate, com-
missiq� pr refund for the purpose of securing this advertise-
ment publication in the said newspap r.
SWbrrfto and subsribe f e me this
19 /One 2000
�.... A.D....., .■ n
NOTICE OF PROPOSED
EMERGENCY ORDINANCE
Notice is hereby given that the City Commission of the City.of Miami,
Florida, will consider the following proposed.Emergency Ordinance, dis-
pensing with the requirement fortwo separate readings, on June 29,2000:
commencing at 1 0:00a.m.,'in the City Commission Chambers, 3500 Pan
American,Drive, Miami, Florida:-
:, .. ORDINANCE NO.:
`AN EMERGENCY ORDINANCE OF.THE MIAMI,CITY COM--
MISSION
OM-MISSION AMENDING CHAPTER 54 RTICLE XL; OF THE
CODE OF THE CITY O _ IAM;, FLORIDA, AS AMENDED, EN-
'TITL'ED "USE- OF-THE'PUBLIC RIGHTS-OF-WAY, FOR IN-•
STALLATION OF PAY TELEPHONES", TO PROVIDE FOR
UNIFORM -PROCEDURES RELATING TO.THE.GRANTING OF
PERMITS FOR THE .CONSTRUCTION INSTALLATION, OP- -
ERATION.`AND 'MAINTENANCE,OF PAY TELEPHONES IN
THE' CITY'S' PUBLIC RIGHTS-OF-W,AY; TO ENSURE CON:
FORMANCE` 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 NOW
CONFORMANCE WITH THIS ORDINANCE, AND TO PRO-
VIDE FOR UNIFORM COMPENSATION.FOR.THE COST OF
REGULATION.ANDADMINISTRATIONOFTHIS ORDINANCE;
CONTAINING A REPEALER -PROVISION ANDA SEVERABILI
TY CLAUSE AND PROVIDING FOR. AN -EFFECTIVE DATE!
Said proposed_, emergency ordinance maybe inspected by the
public at the Office of the City Clerk, 3500 Pan American Drive,.
Miami; Florida, Monday through'Fhday, excluding•holidays, be-'
tween the hours of 8 a.m. and 5 p.m.
All ;int erested,persons may appear at.the meeting and may be heard
with respect to the proposed emergency ordinance. -Should any person,
`desire to appeal*any.de6sion of the City Comrnission with respect to any
matter to be. considered at"this"meeting, that person shall ensure -,that a
verbatim record of the proceedings is made including all testimoy and`
evidence upon which any appeal may -be based.
WALTER J. FOEMAN
CITY CLERK
Williams personally known to me. OFFICIAL NOTARY SEAL
JANETT LLERENA
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. 'UNE 233,2004
0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADS:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review Vk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11937
in the ... XXXXX court,
was publishad in aidI T,��wspaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, JIM or co, r an discount, rebate, com-
mission o efund for rp�ose of Curing this advertise-
ment for ublic he sat nevopaper.
71 /f I I SwTnn T aid ad6scribelbetrJ e ttAs0 0 0
...I day of-I./I.... /....... .I ........... I., y5rA.---
......................... .---. ---.T.-----... ............
(SEAL) "r �., MARIA 1. MESA
MY COMMISSION #CC 685640
Octelma V. Ferbeyr er I knotnftT@,•March 4, 2004
Bonded Thru Notary Pubtic Underm tens
OITY_CWM ArlMJ9
;All
L 104-140TICE OF' -PROPOSED ORDINANCES:
interested persons will take notice that on the 29th of June, 2000,411e,
City. Commission of . Miami; 'Florida adopted the following ' titled
ordinances: -
ORDINANCE NO, 11937
AN EMERGENCY ORDINANCE 'OF THE MIAMI_ CITY COM
MISSION AMENDING CHAPTER_ 54, ARTICLE XL, OF THE '
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN-
TITLED "STREETS AND, SIDEWALKS;. USE OF THE PUBLIC
t RIGHTS-OF-WAY ` FOR ,'INSTALLATION: OF - PAY TELE-'
= PHONES",TO PROVIDE FOR UNIFORMVPROCEDURES RE-.
i LATING .TO THE_ GRANTING OF PERMITS FOR THE CON-
STRUCTION, INSTALLATION,, OPERATION AND MAINTE-
___NC
I_ ANCE_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 T.O PAY.
TELEPHONES;' TO PROVIDE FOR THE REVOCATION OF .
i PAY TELEPHONE :PERMITS .FOR NONCONFORMANCE•
WITH THIS ORDINANCE, AND.TO PROVIDE FOR UNIFORM
COMPENSATION FOR THE COST OF REGULATION AND AD-
MINISTRATION -OF THE' PROVISIONS;.CONTAINED IN THIS
i ,ORDINANCE; MORE PARTICULARLY BY AMENDING SEC-
TIONS 54-411 THROUGH.54-429; CONTAINING•A REPEALER
PROVISION ANDA SEVERABILITY CLAUSE AND PROVIO--
ING FOR AN EFFECTIVE DATE..
ORDINANCE NO. 1:1938
AN ORDINANCE OFTHE'MIAMI CITY COMMISSION AMEND-
ING, CHAPTER 54/ARTICLE V/SECTION. 54-190 OF THE
CODE OF THE CITY OF -MIAMI; FLORIDA, AS AMENDED; EN-
TITLED "STREETS . AND. SIDEWALKS/BASE , BUILDING
LINES/NONSTANDARD STREET WIDTHS%. TO MODIFY THE
WIDTH OF,CERTAIN STREETS, AVENUES, AND PLACE 1N
THE OVERTOWN COMMUNITY,`MIAMI„FLORIDA; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY`
CLAUSE, -AND -PROVIDING- FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the-public.at the Office of
the City Clerk, 3500 Pan American Drive, Miami, ;Florida, Monday
through Friday, excluding holidays;' between the hours of 8 a.m.
1 and 5 p.m.
w All. interested persons may appear. at the meeting and may: be heard
With respect to,the proposed ordinances..Shouid any person;desire to ap=,
,peal any decision of the City Commission with respect to anymatter•to be -
considered ” at this- meeting, that person 'shall ensure that a verbatirim
'record of the proceedings is.made including all testimony and evidence,
upon which any appeal may be based.
LAZY Opp
WALTER J FOEMAN
c CITY CLERK _
(#8295) , _
7/7 00-4.66/69818M