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Home My WebLink AboutO-11171J 94-440 5/27/94 ORDINANCE NO. 71_ AN ORDINANCE AMMr •a M' 3a OF CHAPTER OF 1' !•n : OF i' CIUY OF r I FLMMA, AMENDED, CaXMMWM THE USE OF 1 PUBLIC RIGHTS -CIF -WAY F• • INSTALIATION • ' PAY �1 �1' •; :e. TO CLARIFY AND !OR J THE REQuIRamas FM PERMIT APPIMATIONal D RM LOCATION PLANS •1' THE INSTALIATION OF al :�1• C E. IN 1' PUBLIC RIGUS—OF—WAY;MOM PARTICULARLY,EIr r •1 • : AND 54-201 OF THE C= !•;r CONTAINIM A REPEALER PROVISION, Ei• ■ CLAUSE AND PROVIDING u• EFFECME DATE. November 23, 1993, provides the requirements, procedures and restrictions to allow Pay Telephone Companies to install Pay Telephones in the Public Rights - of -Way; and WHEREAS, the City has encountered difficulty in applying certain sections of said ordinance due to lack of clarity where the interpretation could be in conflict with the intent; and WHEREAS, it is necessary to amend. Article XI, Cbapter 54 of the City Code to clarify the intent of certain sections contained therein; • •1:1. 81 •�• ' :� • •�r r �r .1' ••: VIVI •; • w 1 • ur r Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated therein as if fully set forth in this Section. Section 2. Article XL of Chapter 54 of the Code of the City of Miami, Florida, as amended, conoerning the use of the public rights -of -way for 11171 installation of pay telephones, is hereby amended in the following particulars: "Chapter 54 Streets and. Sidewa ks Article 21. Use of the Public Rights -of -Way for Installation of Pay Telephones Sec. 54.198 Compensation for Permit (a) The initial non-refundable fee payable by anappli for a permit at the time of application for installation of pay telephones shall be $200,00 for each Pay Telephone requested to be installed pursuant to this Article. Sec. 54-201. location. and placement of Pay Telex (e) Rmoept for subsequent application by the same Permittee for the placement of an additional Pay Telephone adjacent to said Permittee's existing Pay Telephone, the following mi J Tmim distance requirement, measured along the route of OrdinaI`y pedestrian travel., shall apply: Unless approved in writing by the Director of Public Works, no Pay Telephone shall be placed within 300 feet of any other Pay Telephone on the same side of the Street on a Sidewalk in a Multi -Family or Cc merci .1 district as described in Ordinance No. 11000, the Zoning Ordinance of the City, as amended. (i) A plan or sketch of the location, of the proposed Pay Telephone • - prepared by - applicant before I••ti ixi I Fir In • • and furnished to the Department at the time of aimlicatim. - • � - •� :.�� u •- • •cos. •- - 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- 1.1171 proposed size, location (referencing the zoned street and monument line), equipment and means of installation." 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 30 th day of June . 1994. PASSED AND ADOPTED ON SECOND AND FINAL READY BY TITLE ONLY this 26th day of Jul MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: , 1994. ,L-� ;, � �),. � 2� IRMA M. ABET T-A ASSISTANT CITY ATTORNEY M2021/IMA/bjr/csk APPROVED AS TO FORM AND CORRECTNESS: A. Q J , III CITY ATTO -3- CITY'OF MIAMI, FLORIDA 27 Honorable Mayor and Members `�jP! �'S 1994 To: of the City Commission DATE: FILE Proposed Ordinance Amending sua,ECT: Chapter 54, Article XI. which regulates the installation of Public Pay Telephones FROM : C e s H 10 REFERENCES: Cit r ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Ordinance, which amends the Code of the City of Miami, Chapter 54, Article XI entitled "USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES" by specifically amending Sections 54-198 and 54-201. BACKGROUND: Under Ordinance 11099, which was passed and adopted on November 23, 1993, and established the procedure, regulations and restrictions for the installation of Pay Telephones in the Public Right of Way, it was intended to require a non-refundable fee at the time an application was submitted. This was to cover the cost of review of the application and field inspection to determine whether or not a proposed location meets all requirements. Inadvertently, the wording of Sec. 54-198 as adopted is unclear and may be interpreted to mean that no fee is paid until and unless the installation of the phone is approved. This amendment clarifies that the initial $200.00 fee is remitted with the application and is not refundable whether the location is approved or disapproved. The amendment also adds to Sec. 54-201 (e) that no new telephone will be permitted in areas where there are existing telephones on private property and are accessibl,_ Io the public twenty-four hours a day. The code presently 'Imaits distance between pay telephones only on public property:. This will prevent the proliferation of phones in one locatioT_, Sec. 54-201 (1) is amended to clarify the requirement of a site plan or sketch. 11171 (�ttg Of �[tttmi MATTY HIRAI City Clerk August 26, 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: 11166 11169 11171 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Gree ood 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 (2TA-#g of �ittmt `, Of" MATTY HIRAI City Clerk O�,r'O Ft,O August 26, 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: 11166 11169 11171 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) 250-5360/FAX(305) 858-1610 ,011t#v of tttmt MATTY HIRAI City Clerk S Y �\ Of,rO.F�� August 26, 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: 11166 11169 11171 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) 250-5360/FAX(305) 858-1610 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 Sookle 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 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. 11171 In the ........... XXXXX ... Court, was publi bj s ed n said pexrspaper in the Issues of Afflant 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 yea t preceding the first publication of the attached copy adv rtisement; and afflant further says that she has nelth pal nor promised any person, firm or corporation any sco t, rebate, commission or refund for the purpose of s u this ad rtisement for publication In the said ne er. 19 Swornto and qubscr%dbofore me th1s4 �19.... `. . QR SEA�VaTCOM A K7'�i iVOARX,TE O 1 OB DAI All Interested pbrsr1 3 1i0 }Ike nQll4e. so brl.Mwaft dwof July. 1994. the t�ty �'df Misrt�i, Fbtitlti„ ad'ojlNd 1h1ti iofiQwing - ORDNANCE NO.11168 AN -WAERGENCr ORDINANCE ESTADLISWNG A SPECIAL REVENUE RIND ENiTTLED ` DCk QQXERNMEN1 EVAI:= .UATION AND APPRAISAL REPORT `(ENWj ASSISTANCE PROGRAM 1994-91C. AND: APPROPRIICnNG' 1Ni it RESOURCES IN AN AMOUNT` OF 42D W4; A THE. CRY MANAGER TO ACCEPT A . iN THE AMOUNT OF 5FROM' THE FROTHE RmFwA cwkRTmENr OF, COMMUNITY,. AFFMW FOR THEE " ASSOTANCE THE CRY -ATTORNEY, �F IMPLEMENTATION' & SAID kE PEALER PROVISION AND A Al i AN EMERGENCY ORDINANUt, ytTM Al SA&MOR;1 1, AMENDING THE CODE OF THE CITY OF MIAMM, FLCR1DA, AS . AMENDED,, CH IAPTER 39, ARTME 0, ENTITLED '. TADEWAIX VM .STREET VENDORS', BY ESTABLI$FNNG PROCEDURESFOR ASSINq OF. VENDORS f0 SPECF,C VENDING ZONES IN THE COCONUT GROVE SPECIAL VENOM DISTRICT; PROVIDING -FOR 1G ,FRANCHISES-, FRANCHISE FEES' AND OW EhI&AIM OF. SAID PEES; PROVIDING FOR REVOCATION PROVIDING Ia014 LiR81tTiY ANO"MiSURAN6E; RANG BALES 7vlJL GEFlTIFICATE(S); M014E PAY BY WENDING SECTIONS 9811, 39-17 AID °39174i; PROVKio(i F(iF FWAE11/ i * THE CITY 009MISSIIIDN = MONTHS AFTER EFFECTIVE` DATE; COWAN" A PMER PI#�ilON,, A '3E1 LRY CLAUSE,- AN10 PROVIDING AN EFFECTRIEOATEi ORDNANCE NfJ' Vd AN Q ICY £IRDINANDE :=NG ORDINANCE{ N0. 10934, ADOPTED ON NOV R 44, 1W. Wr*CH ESTABLISHED INITIAL RES(Fd OES AND_' IWM%L APPROPi6AT10NS FOR A SPECft REVENUE fsUND ]ENTITLED: "DRUG FREE NBGHkl*MD TASK FORCE,' TO PROVIDE, FOR AN. INOREASE tN THE AMOUNT -OF ,.528 a55 AS A RE%JLT OF A , SIL1100ESSFUL GRANT, APPLICATION, AND AUTHORFZINefT iE CITY #kt91AGER TO ACCEPT $2055 FROM METR000I TAN DWp CONTAINING A REPEALER PROVOW AND SEVERABILifY CLAUSE. ,-Qjj:�I MA�ICE N 1 + AN. ORDINANETE` AHM" CHARTER 54' OF THE CODE OF THE dfTY OF • 1JAMi, FLOR(DA, AS AMEN=.-COi4CEMMG THE USE OF THE PUBLIC RIGHTS —OF —WAY FOR " INS ALLJirMN OF . PAY PHONES, TO CLARIFY AND CC?RRPrCT THE F�r, °MENTS FOR PERMIT APPH,ICA FEES AND _FM LOCATION.. PLANS FOR THE �J11 iION V - .. PAY ., PAR Y Elf 4-� AND 2b1 OF CITY _ A RE PRO1 A SeVERA� iiY AN , ID PROVbI FOR AN EFFECTIVE DATE. � Nf1k. SF11iE AW ORDINANCE AMENDpa'CIR111111fiRNCE.110. '11MM AS , MAND THE ZONING ORiIImfte=QrF THE,'i;1#'iP+ .j MIAMI, BY AMENDING¢ ARTICLE j 8ff0CWN 401 ULE ,OF DISTRICT REGt ATfQNs` TO 'im �. LOADING - BERTH 4EQUIREMIEWS = iN 11HE, EES L MULTWAMiLY MEDIUM-DENBRY A iL- P D R-4 MULTIFAMILY HMI -DEN$" MMMM16, to D*IWCTS;-CONTA"NG A J1115PEAUR Pfip ISWI .- SEVERABILI TY CLAUSE; ARID PROVIDING FOR EFFECTIVE -DATE. e Said may bs it►, the M Ille Office of the City �3500.Pan.Ael�Drp. , FlolHd4. MNay through Friday, !I t,oadiaya, between the hours Of 8:0D a.m. and 5100 p.m. MATTY Flflilki' CITY CLERK CITY t5F MIAMI, FLORIDA