HomeMy WebLinkAboutO-11068J-93-339
5/14/93
ORDINANCE NO. 11068
AN EMERGENCY 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" THEREBY CHANGING THE
TERM OF ALL TELECOMMUNICATION PERMITS ISSUED
BY THE CITY, WHICH PRESENTLY RUN FOR A YEAR
FROM JULY 1ST TO JUNE 30TH TO A YEAR FROM
OCTOBER 1ST TO SEPTEMBER 30TH TO COINCIDE WITH
THE CITY'S FISCAL YEAzz; FURTHER, TO PROVIDE
THAT THE ANNUAL FEE FOR TELECOMMUNICATION
PERMITS SHALL BE PAYABLE ON OCTOBER 1ST RATHER
THAN ON JULY 1ST OF EACH YEAR; MORE
PARTICULARLY, BY AMENDING SECTIONS 54-144 AND
54-150 OF THE CITY CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, by Ordinance No. 10438, adopted May 19, 1988, the
City, in implementing its interim agreement for the use of
rights -of -way, provided for a comprehensive City administrative
policy which included the establishment of an annual fee for the
commercial utilization of the City's rights -of -way by the
placement of private communications lines within the said rights -
of -way; and
WHEREAS, by Ordinance No. 10943, adopted January 9, 1992,
the City amended Ordinance No- 10438 to provide, among other
things, that telecommunication permits shall be issued for a
period of one year and renewed annually no later than July 1st
and that the annual compensation and license fee therefore shall
be payable annually in advance on July lst of each year; and
WHEREAS, it is advantageous for the City of Miami to change
the term of all telecommunication permits issued by the City,
which presently run for a year from July 1st to June 30th to a
year from October 1st to September 30th to coincide with the
City's fiscal year, and to provide that the annual fee for
telecommunication permits shall be payable on October 1st, rather
than July 1st of each year;
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, entitled "Use of the Public
Rights -of -Way by Private Communication Systems", is hereby
amended in the follow particulars==�
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are not in effect and remain unchanged.
Ellipsis and asterisks indicate omitted and unchanged
material.
-2-
11068
"CHAPTER 34
STREETS AND SIDEWALKS
ARTICLE VIII. USE OF THE PUBLIC RIGHTS -OF -WAY BY
PRIVATE COMMUNICATION SYSTEMS
Sec. 54-144. Length of Permit- Agreement
(b) Any Telecommunication Permit issued by the
City shall continue in ;Full force and effect
for a period of one ye until its expiration
date of June 30, 1993 and may be renewed
annually no later than july ist- for the
period from July 1, 1993 to September 30,
1993 at the prorated annual rate provided for
in Section 54-149 of this Article, with an
option to renew for a period of one (1) year
commencing October 1, 1993 at the annual rate
in effect on October 1, 1993, so long as the
permittee is in full compliance with this
article, and all applicable federal, state
and local ordinances and regulations and the
space occupied is not needed for a public
purpose. Commencing October. 1, 1994, any
Telecommunication Permit then in force may be
renewed annually to expire the following
_3-- 11068
September 30, so long as the permittee is in
full compliance with this article and all
applicable federal, state and local
ordinances and regulations and the space
occupied is not needed for a public purpose.
Sec. 54-150. Payment and audit of compensation and
license fees.
(a) The annual compensation and license fee
provided for in Section 54-149 shall be payable,
in advance, annually on july—fit October 1st of
each year."
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
preservation of peace, health, safety and property of the City of
Miami and upon the further grounds of the necessity to make
required and necessary purchases and payments, and to generally
carry out the functions and duties of municipal affairs.
Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by a vote of not less
than four -fifths of the members of the Commission.
-4_ 11068
Section 7. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 29th day of 1993.
AV ER L. AREZ, MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. JO , III
CITY ATTO
7
M1011/IMA/bjr/bss
11068
(111-tv of �t�txitt
MATTY HIRAI
City Clerk
August 30, 1993
Katherine Fernandez Rundle, Esq.
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Rundle:
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:
11068 11071 11072 11073 11074
11076 11077
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 : t�'ULV
WEPUTY Z`TTY FRK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 3307M/Miami, Florida 33233-0708/(305) 2WS360
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-A" OF >>
MATTY HIRAI —
City Clerk
August 30, 1993
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
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:
11068 11071 11072 11073 11074
11076 11077
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,
NATTY HIRAI
City Clerk
B Y : �_ —------1i�
6EPUTY CTT Z` RK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330700/Miami, Florida 332334)700/(305) 2W5360
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. O/ ,
MATTY HIRAI
-qs
City Clerk °. '
.f.r0,F`��y
August 30, 1993
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:
11068 11071 11072 11073 11074
11076 11077
If I can be of any further assistance, please do not hesitate to
call.
Very truly
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 3323340706/(305) 2%-5360
13
CiTY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
FILE
TO
Honorable Mayor and Members DATE: U
: JUG 16 1993
of the City Commission
SUBJECT: Proposed Emergency Ordinance
Amending the City Code Chapter
54, Article Vill to change
REFERENCESterm: of all Telecommunication
FROM: Permits to expire on
Ce Od i o ENCLOSURE35:eptember 30th
Cl anager
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Ordinance, which amends Chapter 54, Article Vill, USE OF
THE PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATION SYSTEMS,
SEC. 54-144 Length of Permit Agreement, to change the terms of
all telecommunication permits Issued by the City to expire on
September 30th to coincide with the City's fiscal year.
BACKGROUND:
On May 19, 1988, Ordinance 10438 was passed and adopted and
subsequently amended by Ordinance 10943 on January 9, 1992
establishing a Procedure and Fee Schedule to permit private
telecommunications companies the use of the public rights -of -way
for the installation of their telecommunication lines, such as
cable, fiber optics or other pathways.
These ordinances provided that all permits Issued, after an
agreement is entered Into with the City, would be renewable on
July 1st of each year.
The proposed Ordinance provides for a prorated rate for the
period from July 1, 1993 to September 30, 1993 in order to bring
all existing permits, requiring renewal on July 1st, in line with
the newly established period of time. These permits, for this
year only, would require renewal on July 1st and again on
October 1st.
This Ordinance Is being proposed on an emergency basis in order
to become effective prior to the July 1st renewal date.
11068
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
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 Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 11066
X X X
Inthe ......................................... Court,
was published in said newspaper In the Issues of
July 20, 1993
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 year next preceding the first publication of the attached
cop ertlsement; and afflant further says that she has
net or
p Id nor promised any person, firm or corporation
any isc nt, rebate, commission or refund for the purpose
of u ng this advertisement for publication in the said
ns er.
Sworn to and subscribed before me this
...20 day of ... .1uly....„,.,.,..., A.D. 19..93
1Tl' ; Tf---------
C#TY OF NUMI, FLOODA
LEGAL: N, OTICE
All interested parsons wRt take notice that on the 29W day of
June, 1903, the City Commission of Misrni, Flotlda, adopted the
following titled ordinaries:
OILOMIAIi1" N4L11008
AN EMERGENCY- ORDINANCE ESTABLISHING #N#TIAL
RESOURCES, APPROPRIATIONS AND A,SPEQKL REV-
ENUE FUND FOR ENTITLED "NIDTAISMEARM
ACCEPTING A GRANT IN THE AMOUNT OF $10 W FROM
THE U.S. DEPARTMENT OF JUSTICE. AS A01110111kISTERED
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.
r ORDINANCE NO.110K
AN EMERGENCY ORDINANCE ESTABLISHING INITIAL
RESOURCES,, APPROPRIATIONS AND A SPECIAL REV-
ENUE FUND FOR ENTITLED "HIDTAIOPERATION
BULLSEYE"; ACCEPTING A GRANT IWTHE AMOUNT OF
$5,413.17, FROM THE U.S. DEPARTMENT OF JUSTICE,
AS ADNNNISTEMID BY THE FLORIDA DEPARTMENT OF
LAW ENFORCEMENT, AND AUTHORIZING: THE CITY
MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, NEC_
ESSARY TO ACCEPT SAID GRANT; CONTAINING A
REPEALER PROVISSIQN AND A SEVERAIRILITY CLAUSE.
AN EMERGENCY ORDINANCE CREATIt4 A -N6V SPE-
CU1L REVENUE FUND ENTCCLED: '."waRAms FOR THE
DEVELOPN IENTALLY DISABLED - IKG 11)f13.114_' AND. APPRO-
MATFUND$ FOR ITS OPERATION WINE. TOTAL
AMOINIT OF E#1512D CONSISTING Ofr A I M.107 GRANT
FROM THE STfiTE Of' 'It
ME OF
HEALTH AND iiEHAOILRA"VE SERVICES (HRIft S9.i' ,103
AS A CONTRIBUTION FROM THE 41 EMML: FUND'FOR
THE REOUIREDIOCAL MATCH, AND $130AN IN CARRY-
OVER FUND BALANCE FROM THE SPECIALREVENUE
FUND ENi ITLED—RECRIE911ON tR1OORAMS -POP THE
MENTALLY RETARDED FY '93": COQNTAIN/NQ A
REPEALER -PROVISION AND A SEVERASILITY CLAUSE. ANlat
AR1`IILEr VIII,
OF CHARTER 54 OF THE OPM OF THE QNTY OF MIAMI,
FLORIDA, AS. AM$NDEO. ENMTI»ED ' K OF THE PUB.
LIC RGHTSGFd Y BY 0EIIVATE.d0M1l UNIICATIDN SYS-
A
FEE FOR TION' PERMITS SHALL BE
PAYABLE ON OCTOBER 1ST RATHER THAN ON JULY
1ST OF. fWCH-'YEAR; MOREPARTICULARLY, BY
AMEIMM SECTUM 54,144 AND 31.150 OF THE CITY
COM, OONTAIMHiG A ;REPEALER PROVISION AND A
Ci.J1UBE.
04NNNWWM HIM 11W
AN: EMERGENCY. ORDWANQE, AM 115140M4 SECTION 1
OF OROINANOE NO. 10= ADOPTED JAWWW 4ISM
AS,
AMENDED. 1111YONCREA411114 APR40PIIATIO04 TO
THE SPECIAL REVENUE FUND-ENTfTLED: "HANDI-
CAPPED DIVISION FUND RAISING PROGRAM" BY
1111100A 0 00111POSED. OF'GIONIES GENERATED
(SEAL) i
Sookie Williams pereonally'� 4 .t:
�- J
oOF f �
OFFCURL NOTARY SEAL
civiRYL H MARMER
COMM,s ION NO. CC191642
C0.iY11S510N ILKP. R. 12,1996
TIONS; CONTAV MG A 1EPEALER PR01 tmm AND A
SEVEMIASILITYCLAOM
Said aldInanoM may be inspected by the public at#b Office of
ft City GMk. 35W Pan American Drive, Miami. Flaids, Monday
VKO144r Frltfel .Ozol"M hallidays, between the Hours of &W a.m.
and 5 00 pin.
MATTY HWAI
QIW CLERK
OW OF MIAML FLORIDA
low
AM ".4-072033M