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HomeMy WebLinkAboutO-11131J-94-137 2/9/94 11131 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "USE OF THE PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATION SYSTEMS" TO ESTABLISH REGULATIONS AND FEES FOR GOVERNMENTAL -OWNED TELECOMMUNICATIONS SYSTEMS AND REDEFINE THE RESPONSIBILITY FOR ANNUAL FEE FOR SHARED FACILITIES; MORE PARTICULARLY BY AMENDING SECTIONS 54-140, 54-141, 54-144, 54-145, 54-146, 54-147, 54-149, 54-150, 54-151, 54-152, 54-153, 54-154 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 10438, adopted May 19, 1988, as amended, provides for the use of the Public Rights -of Way of the City for the installation of telecommunications lines by Private Communications Systems; and WHEREAS, several governmental agencies have requested permits to install telecommunications systems in the Public Rights -of -Way of the City; and WHEREAS, the Code of the City of Miami, Florida, as amended, as it presently exists, does not address installations of telecommunications systems by governmental agencies; and WHEREAS, it is necessary to more clearly define the responsibility for the annual fee when one or more companies share facilities; and WHEREAS, it is to the best interest of the City to regulate all uses of the Public Rights -of -Way and to receive compensation for the costs involved in the approval and issuance of permits for said uses; 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. Article VIII of Chapter 54 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars V . 'Artidle V.QI Use of the PuhLic Rests -Of -lay By Privates (�amm�mioatiom Systems - See. 54-140. 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, maintenaswe0 dis- , testing, repair and use of a private ooarmunications system in, upon, along, across, above, over, under or in any matmler connected with the streets, public ways or public places within the corporate Limits of the city, as now or in the future may exist; 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- (4) To provide the City with compensation for the cost of regulation imposed by this article on is private &U conmunioations syst a. -See. 54-141. FCC means the Federal Ca mn ni.cations Conanission or its legally appointed successor. MI ' • • 14913. -SM. 54-144. Taugth of pendt agreements. (a) Any telecommunication permit agreement issued by the city in accordance herewith shall be a non elusive permit for the use of the streets, public ways or public places within the city as specified in the tele= mnioation permit for the erection, construction, reconstruction, operation, Maintenance, dismantling, testing and use of a prtvate 000mmadcations system. (c) In the event any telecommmni.oation permit shall be revoked or not renewed, the applicable prtvate cOmmu zi.cations system sha11 be removed from the streets, public ways and public places in acooldw.,ce with the provisions of section 54-143. " -Sea. 54-145. Permit ]_ocatioms. (a) Any telecommmuAcation permit agreement issued for a prtvate communications system in accordance herewith sha11 apply only to the location or locations stated on the telecommnuni.cation permit or permits. (b) Nothing in this article sha71 be construed as a representation, promise or guarantee by the city that any other -3- t1131 permit or other authorization required under any city ordinance for the construction or installation of a private omm mi.cations system shall be issued. The requirements for any and all other permits as may be required by any city ordinance, including the right-of-way utilization permit, shall still apply and all other applicable permit fees shall still be due. " -Sec. 54-148. Tecbniml btandazds. All technical standards governing construction, reconstruction, insta]lation, operation, testing, use, maintenance, and of a prtva be camcamuLtoations system provided for herein shall be in acoordanoe with all applicable FCC arri other 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. " Sec. 54-147. Paoms and cblti,es Of City puh7i.0 VCM*B director. The city public works director and his authorized designee shall have the following powers and duties: (1) Receive and review applications for telecommunication. permits for any private oQ mnuiications system. (3) Submit regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing, use, repairing, rebuilding or replacing of any prtva-te communications system established by telecommunication. permit in accordance herewith to the director of the department of public works for promulgation. " 'Sec. 54-149. Oompefor permit. (a) Except as hereinafter provided, it shall be a term and coalition of any telecommunication permit issued in accordance herewith that as a part of the consideration supporting the issuance Of such telecc m uni.cation permit and the city's permission thereby to occupy and use the streets of the city, that the permittee shall pay each year to the city o mrpensation and license fees, The compensation and license fees for private oc== ications systems shall be in accordance with the standards set forth in section 337.401(4), Florida Statutes (1989). The amount of said compensation and fee shall be established and adjusted, from time to time, after public hearing before the city conimi.ssion and after public notice as required hereinbelow in subsection (e), by the director of the department of public works, and shall be published as a fee schedule which shall be available for inspection during reg'ul.ar business hours at the department of public works. 11131 -4- (d) N9M Mines, cables or fiber optics cables of one or more privabe o=mulications system placed in an underground conduit or duct -bank owned by another permittee shall require a separate teleoczouni.oation permit, subject to the same requirements as other installations, except the fee for t2le no additional annual fee shall be the City of Miami.. Kt M;Lnes, cables or fiber optics cables of a prtva-te ocmomuni.cations system placed aboveground on existing poles shall require a teleoowwdoation permit, subject to the same requirements as other installations. Nm talnes, cables or fiber optics fies. of a prtvats oammmication system which are 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 teleocmmi.cation 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 conduit or duct -bank or on the poles. (e) The city, through its director of public works, may adjust tilts #Jr, license fee for Private Com!¢manications Systems annually by an amount not in violation of section 337.401(4), Florida Statutes, subsequent to the establishment of this license fee, or subsequent to the most recent adjustment in the license fee for any and all subsequent adjustments after the first adjustment, and only after a public hearing and at least sixty (60) days' prior written notice to all current permittees. Except for mw lines, cables or fiber optics cables within a conduit or duct bank owned by another permittee, the license fee shall be based on the same amount for all nongovernmental entities subject to the requirements of this article, except in no event, however, shall the fee be less than five hundred dollars ($500) per linear mile per anrnum . (f) Upon the effective date of the adoption of this article in accordance with provisions of Sections (a) and (e) bereinabove, the following fee schedule is hereby fixed as follows: (1) Annual fee. a) For the first fifty (50) lirbeal feet of pathway or less $ 250.00 b) For each additional lineal foot of pathway over fifty (50) feet: -5- (i) Pathway(s) in existence as of the date of this Ordinance: as of October 1st. 19M $ 0.15 as of October 1st. 1994 $ 0.25 as of October 1st. 1995 $ 0.35 as of October 1st. 1996 $ 0.45 as of October 1st. 1997 $ 0.55 (ii) Pathway(s) added subsequent to the date Of this Ordinance: $ 0.75 (2) Initial fee for preparation review and approval of Teleoammm ni.cation Aft (Does not include recording fee) $1,330.00 (3) Review of plans, issuance of installation permit and inspection of installation of new facilities a) For first fifty (50) lineal feet or less of pathway $ 250.00 b) For each additional lineal foot of pathway over fifty (50) fee $ 0.30 • t q. P PA Fb VqT-Atin' F. . F3 4 Fe);. Sec. 54.150. Payment and audit of onsad l i oemse fees. (b) Fees for Private Comamuzications Systems not paid within ten (10) days after the due date shall bear interest at the rate of one (1) percent per month from the date due until paid. (c) The acceptance of any payment for a Private Communications System required hereunder by the city shall not be construed as an aolmowledgyment that the amount paid is the correct amount due, nor shall such aooeptanoe 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 subjeot to audit by the city and assessment or refund if the payment is found to be in error. Q:M (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 (1) percent per month until the date payment is made. (d) Nothing in this article shall be construed to limit the liab lity of the licensee for a Private Comm nications System for all applicable federal, state, and local takes. mSec. 51-151. Tndami ty and i n9 canoe. (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 private coMMnications system. (b) The permittee shall irxleRmii.fy, save and hold harmless and defend the city from all liens; Charges, claims, including ud.ing 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; in juries ; 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 prtvate comnniications system or the granting of the teleconmauAcation permit. The granting of the permit agreement is separate and distinct cation for the granting of this indemnity. ty. (c) Upon the granting of a permit for a Private C.o mini cations SysIm 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 insurance manager written evidenoe of payment of premiums and executed duplicate copies of the following: (1) A general comprehensive liability policy i*demiifying defending, and saving harmeless the city, its officers, boat+d s , oamrii.ssions , 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 teleconm mication permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of five hundred thousand dollars ($500,000.00) combined single limit for personal injury or death. -7- (2) Property damage insurance, , 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 teleoaamuiication permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of five hundred thousand dollars ($500,000.00) combined single limit for property damage. (d) All insurance policies called for herein for Private C,omtt ==cations systems shall be in a form satisfactory to the city insurance manager and shall require thirty (30) 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 thirty (30) days following receipt by the city or the permittee of any notice of cancellation. (e) In lieu of the insurance policies as required by and referenced in subparagraphs (c) and (d) above for Private cmwaTiications items, the permittee may submit (1) a certification by a qualified independent actuary, acceptable to the city insurance maxoger, 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 subparagraphs (c) and (d), or (2) other documentation and proof acceptable to the city's director of finance and insurance maxoger 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 subparagraphs (c) and (d). * 11 Sec. 51-153. Use of streets and pale attacbvients. (a) Before commencing construction of its prtvate ccmmnJ-OatJ.Ons systems in, above, over, under across, through or in any way connected with the streets, public ways or public places of the city, the permittee shall first obtain the written approval of, and all other neoessary permits from, all appropriate city agencies, including but not limited to the department of public works. Applications for such approval small be made in the form prescribed by the director of public works or his authorized. designee. (j) The permittee shall comply with all rules and regulations issued by the department of public works governing the construction and installation of private oanmnioations systems, In addition: MM (1) All aerial, cables and wires s'ha11 be installed parallel with existing telephone and electric utility wires; and (2) Multiple aerial configurations shall be in parallel arrangement and bundled, in a000rdance with engineering and safety considerations; and (3) All underground installations shaJ l be in the appropriate size and type conduit or other enclosures approved by the public works director; ard (4) All installations shall be underground in those areas of the city where both telephone and electric utilities facilities are under grourA at the time of installation of the permittee's prtvate ommuni.cations system. In areas where both telephone and electric utilities' facilities are aboveground at the time of the inst 0 lation of the permittee's prtvacts ©crmmmications system, the permittee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities axe placed under ground by the telephone and electric utility companies, the permittee shall likewise plane its facilities undergroun:1 at its sole cost and expense- (5) The permittee upon reasonable notice by thye city shall temporarily or permanently reprove, adjust, raise or lower its facilities within the right-of-way when the city determines that such action is needed for public use of the right-of-way including, but not limited to, the passage of nonstandazd vehicles. (6) The permittee shall obtain the written permission of the owner including the city of any tree or other vegetation before it trims or prunes the same. " Sec. 51-154. Transfer ass`igbIDmts; suhlBsses. (a) The permittee shall not tansfer or assign its interest in any permit issued in accordance herewith, other than (1) an gavermmtal agency: or (2) a general assignment Of the permittee's entire assets or a pledge of the assets as collateral on a loan if permittee is other than a governmental ag=Qy without the prior written authorization of the director, department of public works. For purposes of this section, a merger of consolidation of the permittee with another oannpany shall not be deemed a transfer or assignment. The assig=ent of the right to a nonaffiliated company to place a line, cable or fiber optic within a permitted conduit or duct -bank of a permittee is subject to the requirement of an additional tel.eoomm=dcation permit. * of -9- 11131 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 shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 17th day of February , 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING this 24th day of March ATTE t MATTY HIRAI CITY CLERK SUBMITTED BY: WALDEMAR E. LEE, DIRECTOR. DEPARTMENT OF PUBLIC WORKS PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY M1087 1994. Oka - STEP EN P. CLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A X. NN ES, II CITY ATTO EY -- -10- fit#g of � Hittmt MATTY HIRAI City Clerk July 6, 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: 11130 11131 11132 11137 11148 11149 11150 11151 11155 If I can be of any further assistance, please do not hesitate to call. Very truly ours, W'_ , " Valerie Greenwood Deputy Clerk 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 (2�t#g of trxmi MATTY HIRAI City Clerk July 6, 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: 11130 11131 11132 11137 11148 11149 11150 11151 11155 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 of tttmi MATTY HIRAI c`�'Fb, City Clerk 'g f II1I11 I ITf �j 11 I I 1C GE�O F�0 July 6, 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 ind a' copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11130 11131 11132 11137 11148 11149 11150 11151 11155 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: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-S360/FAX(305) 858-1610 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 15 r< J TO : Honorable Mayor and Members of DATE : E FEB 4 1994 FILE the City Commission SUBJECT.: Ordinance to Establish Guidelines and Fees for Governmental Owned FROM : REFERENCES : Telecommunication CesarAll o Systems City ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Ordinance amending Chapter 54, Article VIII, Use of the Public Rights of Way by private communications systems to provide guidelines and fees for Governmental Owned Telecommunications Systems. BACKGROUND: On May 19, 1988, Ordinance 10438 was adopted establishing a procedure and fee to permit private telecommunication companies to utilize the public rights -of -way for the installation of their telecommunication lines, such as cable, fiber optics or other pathways. This ordinance was subsequently amended by Ordinance 10943 and most recently by Ordinance 11112. However, these ordinances did not consider a provision that would address telecommunication systems owned by governmental agencies and whether they were required to pay fees. This proposed ordinance clarifies the conditions under which government applicationms should be reviewed, sets requirements and a fee to cover trhe cost incurred by the Department of Public Works to review the application and inspect the installation. Also, Sec. 54-149(d) is being amended annual fee when two or more companies poles in the public right -of way. • � 4 to define responsibility of share conduit, duct bank or >s Miami (305) 377-3721 Broward (305) 468-2600 / (305) 945.657, Palm Beach (407) 820-2060 �f Q AAl1lates of Time Wamer Inc. 1� CITY OF K I 4. "' I * • CITY CL=RK �+i,TTY HIf't,I DAILY BUSINESS REVIEW P a 3 D X 3 3: 7 3 P.O. BOX010589 MI `-vI Fl 3?2'3 MIAMI, FL 33101-0589 LL JJ ,L-h"- f �TJR s 2=MIi T;'IE C?F TERMS: NET DUE ON RECEIPT OF INVOICE :. SALES CODE y -DATE T INVOICE N � J 2 tf _67s: YNIT PRICE *MOUNT "I'.—D41LY �USI:LSS PG if22'•�t�4=• KDTICE OF tDOPT=D G�CI": tiC=?; —� 3 QJ ,4 4/4/54 i o C?EC:T D'PT. (3_ E) '=7-661S SUBTOTAL 1 t4 _ • ==.ST f;i1= 3t.LIVC=S kILL FIE CHI,^6rL t. 1.3 PSI YJ��TH S.7RVIC= PTF: SALES TAX ORIGINAL PLEASE PAY FROM THIS INVOICE Sir 7 s It4Cl* >• r y23 e :>A r , STORAGE (f;TdlifO ANID, W O)NOED VEHICIIS. WE A i1%RECORDS, AND MATERIALS b EV AAD OTHER POLICE �+ fE AC OF ANY NECSSIIRY South Floricka � S yLLECTiON VALOREM TAXES TO PAV BONDS, PROVIDING FOR THE FK)Lt*4 #W A L MUNICIPAL ELECTION THE CITY C FLORIDA, ON SEP . 8, 4994 NVITH 'T TO THE ISSUANCE OF SUCHBONDS. �"�.v' zt. .�J� sttne� Oi1Dl�IANCE�10.1113+4- Y�A'' ''A' ZM'''A0WI1i1vC,SUIS - ': i.... D THE ELECTION HEREIN PROV#1ED FOR, OF ACI I Vei S. �000 FIRE FIGHTING. FIRE PREVENTION AI I� MIAMI DAILY BUSINESS REVIEW FACILITIES BONDS OF THE CITY OF MIAMI. Published Daily except Saturday, Sunday and, FOR THE PURPOSE OF PAYING THE=COST Legal Holidays FIGHTING, FIRE PREVENTION AND RESCUE' Miami, Dade County, Florida. IES IN THE CITY OF MIAMI, INCLUDING-CON- rlON AND IMPROVEMENT OF FIRE STATIONS STATE OF FLORIDA kCILITiES, ACQUISITION, MODIFICATIONAND COUNTY OF DADE: BISHMENT OF RESCUE UNITS AND FIRE APPA- Before the undersigned authority personally appeared 1 ACQUISITION AND INSTALLATION OF COM- Octelma V. Ferbeyre, who on oath says that she is the Super- Call COMMUNICATION AND MANAGEMENT MFOR- visor, Legal Notices of the Miami Daily Business Review flkla J SYSTEMS, IMPROVEMENT OF FIRE Miami Review, a daily (except Saturday, Sunday and Legal SIG F/CUW,ACQ(JISITION OR`MODIFICATION Holidays) newspaper, published at Miami In Dade County, : RE, RESCUE, EMERGENCY SAL , AND Florida; that the attached copy of advertisement, being a If EQUIPMENT, AND THE ACQUISITION OF ANY Legal Advertisement of Notice In the matter of SARY. LAND AND OTHER EQUIPMENT, CITY OF MIAMI PING FOR THE LEVY AND COLLECTION OF AD EM TAXES TO PAY SUCH BONDS, PROWMG Re: Ordinance No. 1 1 13 1 HE HOLDING OF A SPECIAL MUNICIPAL 1-80-777-73_W ON IN THE CITY OF MIAMI, FLORIDA, ON NBER 8, -1994, VWTH -RESPECT TO THE ICE OF SUCH BONDS. In the ........ X ..x.. X.. x .................... Court, - ORDRIANCE MO.11135 ! was published In said newspaper In the Issues of DINANCE. /dr1G ORDftI`NO. 11009, LADED, THE ZONING ORDINANCE OF THE CITY W FLORIDA,' AS AMENDED,. -BY AMENDW for your #F'@Q�- 14 401, THE SCHEDULE OF DISTRICT April 4, 1994 4TIONS, THEREBY ALLOYING: (1) 'CELLULAR iNICATIONS SITES' AS A CONDITIONAL ;ORY USE IN THE R-3, R-4, 0 AND CBD Afflant further says that the said Miami Daily Business :TS AND SPECIFYING CONDITIONS Review Is a newspaper published at Miami In said Dade 'OR;-�LULAR COMMtR41CAT� MMV County, Florida, and that the said newspaper has heretofore MISCELLANEOUS ANTENNAS' AS Aa` CON been continuously published in said Dade County, Florida, 1 ►L PRINCIPAL USE IN THE C44, C 2.1, SD-4, gp each day (except Saturday, Sunday and Legal Holidays) and SO-6,1� SD-7, 'SD-16, SD-1S.1, AND. SD46.2 J has been entered as second class mail matter at the post TS AND SPECIFYING CCitTi�hIS office In Miami In said Dade County, Florida, for a period of OR; (3) qMSMISSION TOWERS' AS A one year next preceding the first publication of the attached IONA4 PRINCIPAL USE ONLY BY SPECIAL copy of advertisement; and afflant further says that she has - ION L THE 0, CL SD 4, SD Y SD$; .�t%6. L neither paid nor promised an firm or corporation D-16, SD-I&I AND SD-16.2 DISTRICTS AND AnthIs e, com o or re and for the purpose,' Dt71QNS THEREFOR; 4 verts for p lication In the said MISSION=OF LESSiT AS PERM[TTED�NCIPAL .-t DISTRICTS; PROIIG 0EI�iNIT1QN4�'i FJASuk15C1'IK?1' OI'�. AR COIifItifUNK ►TttOF SITEMt ulAW .. .. . . ........ . &1TENNAS' AND _ 1 RANSMIISSION tOWEW, ; KING A REPEALER PROVISPIN, A ;5 - ND ' Sworn to and subscribed before me this CLAUSE APROVIDING FOR AN EFIef�TfVE t 4th day of ...Apr.i194 ............. A.D. 19..,S ••��• irtcee may be inspected by the pu#IIiP At ttlp 0%# of Y v •. 3W0. Pan Amerimn Gklmar . 404 O .. I IY•atolluIlling holidays: betw a hgtttt of.&6b _ (SEAL) ! Ocielma V. Ferbeyre perspna m = M1A ttll� CITY CIE •'•o> fLd;:°f• s al3 . E3LI 8i'e.: a CITY OF MIAMil, FLORIDA, OFFICIAL NOTARY CHERYL H MARN,ER AL MYCGINMISSJON EXP. APR. 12,1996 94-4-040417M' r COWlIS&ON NO. CC1916{2 MIAMI DAIL Published Dal Miam STATE OF FLORIDA COUNTY OF DADE: Before the under Octslms V. Ferbeyre, visor, Legal Notices o` Miami Review, a dall Holidays) newspaper, Florida; that the off# Legal Advertisement CITY OF MI Re: Ordina In the ........ X ..) was published In sah April 4, ' Afflant further Review Is a newsp County, Florida, andl been continuously each day (except S has been entered a office in Miami in s one year next proce copy of advertlsem neither paid nor pr any disc t, robot of sec n this ad no a 4 t.. day of ... . (SEAL) Octelma V. Ferbeyre M) All iNerested i will take notice that, On this 2,�1 day Of ' Msn�ch, 1994;' 9f6 6M h,OmmisNon Of Miami, Flciida, atiopied e Wowing tlMcf : ORDINANCE NO.11127 AN EMERGENCY ORDINANCE ESTABLISHING RE- SOURCES. APPROPRIATIONS AND A SPECIAL REVENUE. FUND ENTITLED *HAITIAN NARCOTICS ENFORCEMENT'; ACCEPTING A GRANT IN THE AMOUNT OF $136,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.11128 AN EMERGENCY ORDINANCE, ESTABLISHING INITIAL RESOURCES, APPROPRIATIONS AND SPECIAL ROVE- NUE FUND ENTITLED 'H DTA PUBLIC DOCUIWENTS 8ES% Af4}I';::ACCEPTING A GRANT IN THE AMOUNT OF.._$,$4,519. FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY - AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.11129 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED.:,-WATSON ISLAND AIR TRANSPORTATION FACILITIES PLANNING PROGRAM' :AND APPROPRIATING FUNDS FOR THE PROGRAM IN THE TOTAL AMOUNT OF W0,000, CONSISTING OF AN $189,000 GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPOIA'RON: FEDERAL AVIATION ADMINISTRATION, A $10,500 GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTA- TION, AND A $10,500 CASH CONTRIBUTION FROM THE CITY OF MIAMI DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.11131 AN OAO#WX9 AMENDING Vlll OF CHAPTER 54 OF THE- CODE OF THE CITY OF MIAMI, FLORIDA, AS AiMeNDED; _ENTITLED •USE OF THE PUBLIC RIGHTS - OF -WAY BY'IRVATE COMMUNICATION SYSTEMS' TO ESTAKISHREGULATIONS AND FEES FOR GOV- ERNMENTAL -OWNED TELECOMMUNICATIONS SYSTEM AND REDEFINE THE RESPONSIORM FOR ANNUAL FEE FOR SHARED FACILITIES; MORE PARTICUTAKY 9Y AMENDING- SECTIONS 54-140, 54- 141, 64-144, 64-146, 54-146. 54.147, 54-149, 54-150, 54 161,. 54-152, 54-153, 54-164 OF THE CODE; CONTAI4- INtG A REPEALER ,PROVISION, A SEVERASILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NO.1119a ANC.:: CTION 'AD V'At.OREM TAXES TO'PA►Y SUCH BONDS, PROVIDING FOR THE H& NIQ _F A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON SEPTEMBER 8, 1994 WFFH RESPECT TO THE ISSUANCE OF SUCH ONDS. ... ,. ORb1�INNCEN0.11134 >- , 1AN=C tiOtNA1lCE At?f1+ICiRt Mlt3=TIDE ISSUANCE, SM JECT.TO THE ELECTION HEREIKPROVIDED FOR, OF MA60,000 FIRE FIGHTING, FINE PREVENTION ANq RESCUE FACILITIES BONS OF THE CITY OF MIAMI,. FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF FIRE FIGHTING, FIRE PREVENTION AND RESCUE' FACILITIES IN THE CITY OF MIAMI, INCLUDING -,CON STRUCTION AND IMPROVEMENT OF FIRE STATIONS AND FACILITIES, ACQUISITION, MODIFICATION AND REFURBISHMENT OF RESCUE UNITS AND FIRE APPA RATuIs, ACQUISITION AND INSTALLATION OF COI•. Pl1TER, COMMUNICATION AND MANAGEMENT INFOR- MATION SYSTEMS, ' JIMPROVEMENT OF FIRE TRA NG FACILITY.- ACQUISITION 03 MODIFICATION OF FIRE, RESCUE, EMERGENCY WE i6 L AND SAFETY EQUIPMENT. AND THE ACQUISITION OF ANY NECESSARY LAND AN OTHER EQUIPMENT, PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONS, PROVIDING FOR THE _ HOLDING OF A SPECIAL. MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON SEPTEMBER 8, -1994, WITH -RESPECT TO T'F1it ISSUANCE OF SUCH BONDS. ORDINANCS NO.11135 AN ORD94ANCE.AhIENDWO ORDNANCE NO. 11000, AS AMENDED, THE ZONING OADIiANCE.OF THE•CR'Y OF MIAMI, FLORIDA AS AMHNDE'D, BY AUENDiNS } SECIIiON 401, THE SCHEDULE OF DISTRICT. REGULATIONS, THEREBY ALLOYMS: (1) "CELLULAR COMMUNICATIONS SITES' AS A CONDITIONAL ACCESSORY USE IN THE R-3, R•4, 0 AND COD DISTRICTS AND SPECIFYING CONDIT THEREFOR;'M 'CELLuL-AR cowAntAytoms SITES' WITH,' "MISCELLANE1XIS ANTENNA$" ' AS A CON- DITION/IL PRINCIPAL USE 111 THE G4, C-2,1, SDA 901- 5, SFke, SD-6.1. SD-7, 'SD-16. SD-18.1,- AND: 80-11$,2 DISTRICTS AND SPECIFYING Ct THEREFOR; (3) 'TRANSMISSION TOWERS" AS A s COND(DONAL PRINCIPAL USE ONLY BY SPECIAL EXCEPTION IN THE 0. C-1. SD-4, SD-5, SO4; 30-6.1, SD-7, SD-18, SD-16.1 AND SD-162 DISTRICT'S Aim PROVIDING COqDITiONS THEREFOR; `TRANSMISSION TOWERS' OF LESS 140 IN HEISHT AS PERMITTED PRINCIPAL= 1IRE,C- 2 AND t DISTRICTS; PROVIDING FOB 'CELLULAR COMMUNICATIONS StTI W "60RA- f+F- EOUS ANTENNAS' AND 'TRAPSIblI TOWED: CONTAINING A REPEALER PROM A, ABILITY CLAUSE AND PROVIDING. FORM EFFECTIVE j DATE. s:. SUB- Saar may be inepe R, OF ifs f -� a4 3500. Pan American