HomeMy WebLinkAboutO-11112J-93-886
10/18/93
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WHEREAS, the rights -of -way within the corporate limits of the City are
held by the City of Miami in trust for the public and are mad nta fined by the
City of Miami at a great public expense; and
WHEREAS, the use of the said public rights-ofway is a valuable property
right for private companies from which the user derives income and profits;
�l
WfMPFAS, pursuant to Ordinance No. 10438, adopted May 19, 1988, the City
of Miami imposed an annual fee for the use of the public rights -of -way by
private commni.cation systems providers; and
WAS, by Ordinance No. 10943, adopted January 9, 1992, the City of
Miami amended said annual fee by setting an interim fee until such time as the
City established a fee schedule for the use of the public rights -of -way by
private communications systems providers in accordance with the standards set
forth in Section 337.401(4), Florida Statutes; and
WHEREAS, the City of Miami entered into a Professional Servioes
Agreement with Milian, Swain & Associates, Inc., an engineering firm with
extensive experience in the financial management of utilities, to conduct a
study for the purpose of establishing a fair and equitable teleoanmniioation
permit fee schedule for the use of the public rights -of -way by private
communication systems providers; and
WHEREAS, Milian, Swain & Associates, Inc., after extensive research and
study, has recommended a fee schedule for telecommunication m unication permits in
accordance with the standards set forth in Section 337.401(4), Florida
Statutes; and
WHEREAS, the City of Miami staff has reviewed the recommendations made
by Milian, Swain & Associates, Imo. , and find said reoa nnendations to be fair
and equitable; and
WtMMS, in order to equitably charge an private companies for
excavation of the public rights -of -way, the street excavation permit fee
established by Section 54-27 must be updated to reflect current expenses;
Section 1. The recitals and findings contained in the Preamble to
• f- - - - Z ,f- a - .. DOW.
as if fully set forth in this Section.
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Section 2. Section 54-27 of the Code of the City of Miami.,
Florida, as amended, is hereby amended in the following particulars)/:
"Sec. 54-27. Permit fee for street excavation, sidewalk
repair, paving or resurfacing of parkway or
s1=1der 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 rei z1)ection fees.
The permit fees to be dmaged by the public works department
for street excavation, sidewalk repair, paving or resurfacing of
parkway or shoulder area, building line and grade survey,
construction, driveway construction, flume excavation, utility
fit, underground utility service connection excavation,
ground water monitoring wells, permit renewal, after -the --fact
permit and reinspection within the City are hereby fixed as
follows:
(1) Street excavation permit:
50 lineal feet or less
Each additional lineal foot
Section 3. Section 54-149 of the Code of the City of Miami,
Florida, as amended., is hereby amended in the following particularsIJ:
"Sec. 54-149. Compensation for Permit.
s
(d) Lines, cables or fiber optics of a one or more private
oa zm ni.oations system placed in an underground contact
conduit or duct -bank awned by another permittee shall
require a separate teleoanounication permit, subject
to the same requirements as other installations,
except the fee for the additional teleoanmmications
permits shall be oxm=tmftf a vrowitional amount of
the odmrwtse total applicable %teem fee for rme The
portion of the pathway so utilized plus the initial
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.
- 3 - 11112
fDa. Lines, gables or fiber optics of a private
communications system placed aboveground on existing
poles sha11 require a teleeommni.cation permit,
subject to the same requirements as other
installations. Lines, cables or fiber optics of a
private oazmanication system which axe placed in an
underground conduit or duct -bank, or on aboveground
poles owned by an entity exempt from the provisions of
this article shall require a teleoa mmi.oation permit,
unless the franchise, or other authorization by which
the exempt entity has the right to place the conduit,
duct bank or poles within the city property, prohibits
the application of the permit and fee requirements
contained in this article to the lessee of space
within the am dmct conduit� or duct -bank or on the
poles.
(f Upon the effective date of the adoptim of this
accordance with provisions of - • and
fixed as follows:
1, . � W�Icl
�. • � ... �.��i! _fir.
- 4 - 11112
Section 4. Section 54-150 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the follow.img particu arsa/ :
"Sec. 54-150. Payments and audit of caanpensation and license
fees.
(a) The a=mal motion and license fee provided for in
section 54-149 shall be payable in advance, a=mal?y on October
1st of each year.
are inconsistent or in conflict with the provisions of this Ordinance are
hereby repealed.
Section 6. If any section, part of section, paragraph, clause,
phrase or word of this Ordinance is declared invalid, the renadning provisions
of this Ordisanoe shall not be affected.
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.
Section 7. The fees and provisions set forth in this Ordinance
shall be deemed owed. the City as of October 1, 1993. This Ordinatoe shall
become effective thirty (30) days after final realdimg and adoption thereof.
PASSED ON F'IRSr READING BY TITLE ONLY this 16 th day of
13th day of January 1994.
STEPHJIN P. CLARK,_ MAYOR
gA':
0� MATTY HIRAI
CITY CIS
SURD I.TIJED BY:
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1 DC N 1.e e/ :1 '/
.. MNA ZA D4 ow kN 1 MAU..,` 21 :
4 IRMA M . ABELLA
ASSISTANT CITY ATTOROW
IMA/bjr/pb/bss/M1047
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1_ii12
CITY OF MIAMI, FLORIDA
:1
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE Not, , �, FILE
of t e City Commission �!
SUBJECT : Proposed Ordinance
Establishing a
Telecommunications
FROM REFERENCES. Fee Schedule
Cesar H. Odio
City Manager ENCLOSURES:
As directed by the City Commission at the September 7, 1993
meeting, staff met with representatives of various
Telecommunications companies to resolve the issues brought up at
the meeting in opposition to the proposed Annual Fee of $1.65 per
lineal foot.
An agreement was reached as shown with a base fee of $250.00 for
the first fifty lineal feet or less of installation, a scaled fee
for the first five years for all existing installations from
$0.15 per lineal foot for the first year to $0.55 per lineal foot
for the fifth year and a fee of $0.75 per lineal foot for all new
installations.
The original fee was primarily
lineal foot for the value of the
objection and $0.17 per lineal
yearly review of the fee.
arrived at utilizing $1.48 per
land which was the main issue of
foot for actual costs including
The proposed fee includes all costs to the City with review at
the end of five years.
The present fee, as set by the State of Florida as a minimum fee,
is $500 per lineal mile. This generates total revenue of
$11,815.91 with several companies paying less than $25.00 per
year with a low of $2.84 per year.
The new fee for the 1st year will generate revenue of $21,176.90
and increase to $70,315.30 on the 5th year with no company paying
less than $250.00 per year, which will cover the City's minimum
cost.
y�
(�itg of �ittmt
MATTY HIRAI
City Clerk \y`
April 21, 1994
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11107 11110 11112 11114 11115
11120 11122
Also enclosed is Resolution 93-485 which includes language of a
Charter amendment which was approved by the electorate on
November 2, 1993.
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CLERK
RECEIVED BY:
DATE:
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Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
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MATTY HIRAI `�ti,�
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Ok
City Clerk1.
April 21, 1994
Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11107 11110 11112 11114 11115
11120 11122
Also enclosed is Resolution 93-485 which includes language of a
Charter amendment which was approved by the electorate on
November 2, 1993.
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CLER
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
(fit#g IIf �tttmi
MATTY HIRAI
City Clerk
April 21, 1994
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
11107 11110 11112 11114 11115
11120 11122
Also enclosed is Resolution 93-485 which includes language of a
Charter amendment which was approved by the electorate on
November 2, 1993.
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
Valerie Greenwood
Deputy Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
t 3. . v
Miami (305) 3773721
Dgff
WHNERS
REMY
Broward (305) 468-2600 / (305) 945-6577
Pain Beach (407) 820-2060
Affilliftes of Tkw Warner Inc.
17 Y In = M I I
DAILY BUSINESS REVIEW
CITY CL:'.Fr wATTY
P.O. BOX 010589
P 2 '1' Cl X '. 32 7 ' E
MIAMI, FL 33101-0589
FL 3
TERMS: NET DUE ON RECEIPT OF INVOICE
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbsyre, who on oath says that she Is the Super-
visor, Legal Notices of the Miami Daily Business Review flkla
Miami Review, a daily (except Saturday, Sunday and Legal
Holidays) newspaper, published at Miami in Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
CITY OF MIAMI, FLORIDA
ORDINANCE NO. 11112
In the .............. N . N . ?�.................. Court,
was published in said newspaper In the Issues of
February 25, 1994
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said 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 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 perso or corporation
any disc t, rebate, commissio fun for the purpose
of s ring this advertiseme or ublic lion in the said
ne papeyAl A- ,
0 M A
Sworn to and subscribed before me this
It25... day of ..... February. .ya'�lb.-V... 9.4
(SEAL) /_ 3
Octelma V. Ferbeyre personally known Jn r ;S
OPPK3AL AA WARY SEAL
016RYL H MARMER
ODMMISs"q NO.00191642
34Y COMMININiIM RV. APR. 12,1Nb
OF MIAMI FM .FKi1 s'�o
R Tavty, M PA , CUNRLY BY
All � . A p n
VONW..A. rry ty A►raaa�.a 40M4 s �-ice
ROHiiHiCE: , ercE MtI: ,bier
r.rsnev rrvr►o�, nets �>e�Jas tam-,'
,TIONS FOR A SPECIAL REVIENUE FU10 OMTLED:
,,DRUG ABUSE RESWTAtICE "; THY
PROVIDING FOR: AN INCREASE' IN THE AMOUNT OF
fi54,flYl AS. A RQ66iLT.OF Si1GGt SFUL;-f3RAltT , PPLt
THE CITY ATTORNEY, f0 ACCQMPf AN ' THE ACCEPT-
ANCE
OF SAIDGRA li 009.11l11NINR A Eft PRO
VISION AND A SE1fERAMLif Y CLAUSE,
*Q.1111Y
AI/ flRopL GUPT$! 54 OF THE.{XM
OF T+W- CITY ML FLORIDA, AS A MD;, RNTi
TLEO _*T_REM AMP SIDEyi MS" , THEREAW OHA"G.
1NG: j E. STf1£ET;: , CAVATWIN PERI*tT`"FEE,'
,N4l.A EDULE FOR THE USE OF THE
PUBLIC RIB - PPMIIf►TE COMMONWAT 0M
SYSTEMS AND PROVMO FOR THE PRO-
RATION OF FEE?$. PERMITS OBTA*m PRIOR TO
OR AF7Eli AL"tAbldll'1ST• Mn11P A*h&ir-ArAv Av
CITY CODE; CONTAINING A REPEALER -PROVISION, A
SEVERABILITY`CLAtME ANO PROVIDING' FOR Aft
EFFECTIVE DATE
@INi1MANCE NO.11113
AN ORDINANCE-REPWAJM ORDINANCE NO. MO. AS
AMENDED; A13CWTI D EBRUARY 14, 111111111111111, IN ITS
EMTIRETY, THEIOBV AREASING ALL LIMITATIONS OF
AUTHORIZED I'WO"WAIT OF CITY FUNDS OR FUNDS
OF ANY RETW OMFW:PROGRAM CONTROLLED BY THE
CITY AGAINST THE iiEPUBLIC OF SOUTH AFRICA;
C011ITANIING A AEPGALER PROVISION AND A SEV
IiO.'11t16
AN ORDlMAN(E CIlAP[pI54 OF THE CODE
OF THE C>".OP Maw, - AS AMID. ENTI.
TLED "13TREETS AND SMMMtlf; - B1 AMfEIame mr,
TION 5 •164 ENTITLED "NO"STANDARD STREET
WWTlff3" BY MODIFYMIA THE iI WHI, OF A CERTAIN
STREET; COK ANiNG A REPEALER PRO1lOM. A SW
ERASOUTY CLAUSE, AND PROVISING FOR AN EFFEC-
TIW DATE.
SW&oodUaaoes may be -Inspected by the public at the Ofts, of,
the City Chek; 300 Plan Arnertcan D*^ Miami, Florida, Monday
throngfl Friday, excluding holidays, between the hows of 8:00 a.m.
and 5110 p int=
MATTY HIRAI
CITy CLMRK
CITY'OF MIAMI, FLORIDA
(01249)
210' 94441225241M