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HomeMy WebLinkAboutO-11099J-93-498 1.1/ 01/93 ORDINANCE NO. 11099 AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING NEW ARTICLE XI, THEREBY REQUIRING THAT PAY TELEPHONE COMPANIES ENTER INTO PERMIT AGREEMENTS WITH THE CITY OF MIAMI FOR THE ERECTION, CONSTRUCTION, RECONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, DISMANTLING, TESTING, REPAIR AND USE OF PAY TELEPHONES IN, UPON, ALONG, ACROSS, ABOVE, OVER, AND UNDER PUBLIC RIGHTS -OF -WAY, SUBJECT TO REGULATIONS, CERTAIN CONDITIONS AND THE PAYMENT OF PERMIT AND USER FEES; PROVIDING DEFINITIONS AND BY SETTING FORTH TERMS AND CONDITIONS BY WHICH PERMITS MAY BE ISSUED TO PAY TELEPHONE COMPANIES; MORE PARTICULARLY BY ADDING NEW SECTIONS 54-192 THROUGH 54-210; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE'. WHEREAS, a number of Pay Telephone companies have .requested the right to install, operate and maintain Pay Telephones in the public rights -of -way of the City of Miami; and WliERE.AS, the City Commission of the City of Miami, Florida, has determined that Pay Telephones provide an essential service and serve the public convenience and interest by allowing citizens access to the public telephone system; and WHEREAS, the installation of such Pay Telephones on or about the public streets or sidewalks should be regulated to minimize the annoyance to pedestrians, residents and other citizens that may be caused by pers(.-)ns loitering about such Pay Telephones; and 11099 WHEREAS, it is necessary to amend Chapter 54 of the Code of the City of Miami, Florida, as amended, to provide a method for Pay Telephone companies to enter into permit agreements with the City for the use of public rights -of -way for the installation of Pay Telephones, subject to certain terms and conditions, and to establish certain permit and user fees to provide the City with compensation for the use of the City's rights -of -way and for the costs of regulation and enforcement imposed by said new Article to the Department of Public Works of the City of Miami; 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 of the Code of the City of Miami, Florida, as amended, is hereby amended by the addition of new Article XI as follows: "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE XI. USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES Sec. 54-192. Statement of purpose. The City Commission hereby finds and declares that it is necessary and reasonable for this Article: - 2 - 11099 (1) to regulate the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of Pay Telephones in, upon, along, across, above, over, under or in any manner connected with the streets or sidewalks within the corporate limits of the City, as now or in the future may exist; (2) to provide the City with compensation for occupation and use of the City's rights -of -way for Pay Telephones, and (3) to provide the Department of Public Works of the City with compensation for the cost of regulation imposed by this Article on Pay Telephones. Sec. 54-193. 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 City Commission and/or with Chapter 337, Florida Statutes, as amended. (a) "City" shall mean the City of Miami, Florida, its elected officials, agents and employees. (b) "Department" shall mean the Public Works Department of the City of Miami. (c) "Director" shall mean the director of the Public Works Department of the City of Miami or his designee. (d) "Pay 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 connected with the public Streets or Sidewalks within the City. (e) "Pay Telephone Permit Agreement" shall mean the document by which a privilege is granted by the City to authorize a person to erect, construct, reconstruct, install, operate, maintain, dismantle, test, repair and use Pay Telephones occupying the Streets and Sidewalks within the City. Any Pay Telephone Permit Agreement issued in accordance herewith shall be a non-exclusive agreement and shall be subject to approval as to form by the City Attorney. - 3 - 11099 (f) "Permittee" shall mean any person issued a Permit in accordance with the provisions of this Article responsible for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of Pay Telephones in any manner connected with the Streets or Sidewalks within the City. (g) "Person" shall mean an individual, business, firm, corporation, association, partnership or other organization or group of persons. (h) "Sidewalk" shall mean that area reserved for the public use of pedestrian traffic within the City's zoned rights -of -way. (i) "Street" shall mean all that area reserved for the public use for public right-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. 54-194. Permit agreement required; length of permit. (a) No Person may place or maintain any Pay Telephone on or above any Street or Sidewalk in the corporate limits of the City without having first entered into a Pay Telephone Permit Agreement with the City as provided in this Article. (b) Any Pay Telephone Permit Agreement(s) issued by the City in accordance herewith shall be a non exclusive permit for the use of the Streets or Sidewalks within the City for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of Pay Telephones. (c) Any Pay Telephone permit issued by the City shall continue in full force and effect so long as the Permittee is in 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. (d) In the event any Pay Telephone permit shall be revoked, the applicable Pay Telephone(s) shall be removed from the Streets and Sidewalks in accordance with the provisions of this Article. - 4 - 11099 Sec. 54-195. Permit locations. (a) Any Pay Telephone permit issued in accordance herewith shall apply only to the location or locations stated on the Pay Telephone permit or permits. (b) The location and means of installation of Pay 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 City that any other permit or other authorization required under any City ordinance for the installation of Pay Telephone(s) shall be issued. The requirements for any and all other permits as may be required by any City ordinance, including the rights -of -way utilization permit, shall still apply and all other applicable permit fees shall still be due. Sec. 54-196. Technical standards. All technical standards governing construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of Pay 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. Sec. 54-197. Powers and duties of City Public Works Director. The Public Works Director or his authorized designee shall have the following powers and duties: (a) receive and review applications for Pay Telephone permits; (b) review and cause to be audited all reports and filings submitted by the Permittee to the City pursuant to this Article; and (c) promulgate and regularly review, as needed, regulations regarding the construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of any Pay Telephone(s) established by Pay Telephone permit in accordance herewith. - 5 - 11099 Sec. 54-198. Compensation for permit. (a) The initial non-refundable fee payable by Permittees for a permit for installation of Pay Telephones shall be $200.00 for each Pay Telephone installed pursuant to this Article. (b) There shall also be a user fee imposed for the use or occupancy of the Streets and Sidewalks of the City consisting of a percentage of the gross revenues collected by the Permittee from each Pay Telephone maintained pursuant to this Article subject to a minimum fee of one hundred dollars ($100) per year per Pay Telephone: (1) For any existing Pay Telephone for which there is an agreement with a private property owner which meets all the requirements of this Article and is approved by the Department of Public Works, the following fee shall apply for a period of three (3) years from the effective date of this Article: Monthly Gross Revenue Percentage Payable Per Pay Telephone To City $ 0.00 - $349.99 12% $350.00 - $449.99 15% $450.00 and over 17% (2) For all other Pay Telephones maintained pursuant to this Article, the following fee shall apply: Monthly Gross Revenue Per Pay Telephone $ 0.00 - $349.99 $350.00 - $449.99 $450.00 and over Percentage Payable To Citv 12% 17% 19% The user fee described in Sec. 54-198(b)(i) and Sec. 54.198(b)(ii) hereinabove shall be paid on a quarterly basis to the City. Said user fee shall not be refunded to Permittee in the event that a Pay Telephone(s) is/are moved by the City pursuant to this Article or in the event that Permittee voluntarily removes a Pay Telephone from an approved location. (c) For the purposes of this Article and any agreement in accordance herewith the term Gross Revenue shall be defined as the total of all sales, before reduction for any purpose, resulting from all the Pay Telephones maintained by a Permittee pursuant to this Article. - 6 - 11099 (d) The City shall establish rules and procedures for the reasonable collection of initial and user fees. Sec. 54-199. Payment and audit of initial and user fees. (a) Fees not paid within ten (10) days after the due date shall bear interest at the rate of one percent (1%) per month from the date due until paid. (b) In the event any fees due in accordance with the terms of this Article are not paid within ninety (90) days after the due date, the Public Works Director may withhold the issuance or renewal of any right-of- way utilization permits or Pay Telephone permits to the Permittee until the amount past due is paid in full. (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 (1%) per month from the date due until the date payment is made. (d) Nothing in this Article shall be construed to limit the liability of the Permittee for all applicable federal, state and local taxes. Sec. 54-200. Use of streets and sidewalks. (a) Before commencing installation of a Pay Telephone(s) in any way connected with the Streets or Sidewalks of the City, the Permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate City 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 Pay Telephone Permits shall be issued by the Director within thirty (30) working days of Application for said permits. - 7 - 11099 (b) Upon obtaining such written approval, the 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) days before such commencement except for emergency repairs of existing Pay Telephones, lines or cables. (c) Any Person who submits a request for a permit in accordance herewith shall include therein proposed 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 Telephone(s) which agreements, if not already in effect, shall become effective on the date of execution of the permit issued in accordance herewith in the event that such person is issued a permit. (d) It shall be unlawful for the Permittee or any other person to open or otherwise disturb the surface of any Street or Sidewalk 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 Permittee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the City. (e) The Permittee shall restore any Street or Sidewalk it has disturbed in accordance with the provisions of the City's standard specifications for Streets and Sidewalks or as directed by the City's engineer in the field and shall, at its 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 as the condition 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 Permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same Street or Sidewalk, or remove from such Street or Sidewalk, any of its property when required to do so by the City because of Street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, City owned power or signal lines, tracts; vacation or relocation of streets 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. - 8 - 11099 (g) Nothing in this Article or any permit issued in accordance herewith shall be construed as authorizing the Permittee to erect and maintain new poles in areas served by existing poles, if the poles are available for permittee's cable. The permittee shall obtain written approval from the Department of Public Works and other appropriate City agencies before installing any underground conduits where none exist. (h) The Permittee shall keep accurate, complete and current maps and records of its facilities which occupy the Streets and Sidewalks within the City, detailed by linear foot and shall furnish, as soon as they are available, two (2) 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 Permittee, upon thirty (30) days notice by the City, shall temporarily or permanently remove, adjust, raise or lower its facilities within the rights -of -way when the City determines that such action is needed for public use of the rights -of -way. (j) The Permittee shall obtain the written permission of the owner, including the City, before it trims or prunes any tree or other vegetation. (k) The Permittee shall comply with all rules and regulations issued by the Department of Public Works governing the construction and installation of Pay Telephones. In addition: (1) All service drops to Pay Telephones shall be underground, unless otherwise determined by the Department of Public Works. (2) Any other Pay Telephone installations may be required to be serviced underground, at the sole discretion of the Department of Public Works. Sec. 54-201. Location and placement of Pay Telephones. (a) The installation of Pay Telephones in any manner connected with the Streets and Sidewalks within the City shall be subject to approval by the Department of Public Works and shall conform to the following requirements: (1) It shall be free of interference with the flow of pedestrians, wheelchairs or vehicular traffic; - 9 - 11099 (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 they shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants, mailboxes or other Street amenities. (c) Pay Telephones shall be placed, installed, used or maintained so as to be in compliance with Chapter 54 of the Code of the City of Miami and shall not be located within five (5) feet of any pedestrian crosswalk, bus stop, taxi stand or counter window or within fifteen (15) feet of any fire hydrant, fire call box, police call box or other emergency facility. (d) Pay Telephones shall not be placed on Sidewalks or Streets within one hundred (100) feet of street addresses where there is substantial criminal activity. Substantial criminal activity shall mean reports to the police of four (4) or more criminal incidents at an address during any twelve (12) consecutive months period, both prior and subsequent to the date of the application and/or the installation. (e) Except 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 minimum distance requirement, measured along the route of ordinary 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 Commercial District as described in Ordinance No. 11000, the Zoning Ordinance of the City, as amended. (f) Pay Telephones shall not be installed in Single Family Residential or Duplex Residential Districts, as described in Ordinance No. 11000, the Zoning Ordinance of the City, as amended. (g) Upon receipt by the Director of a written complaint by a citizen or oral or written communication from a representative of the Police Department, Fire Department, Code Enforcement Section of the Planning, - 10 - 1 099 Building and Zoning Department, the Department of Public Works or from a Neighborhood Enhancement Team (NET) Service Center that the location and use of a Pay Telephone constitutes a threat to the health and welfare of the community, the Director shall conduct an investigation to ascertain whether the location and use of the Pay Telephone constitutes a threat to the health and welfare of the community. If the Director finds substantial evidence that the location and use of the Pay Telephone constitutes a threat to the health and welfare of the community, thirty (30) days after proper written notice is given to the Permittee, he shall revoke any permit issued by the Department for the use of the Pay Telephone and remove the Pay Telephone from the Street or Sidewalk. He may also order such other relief as he deems fair, including requiring the Pay Telephone to be restricted to outgoing calls only. A "threat to the health and welfare of the community" shall mean the existence of substantial criminal activity as set forth in Section 54-201(d) above. (h) In the event that a particular Pay 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 City Manager, who may issue such a permit if it is shown that the issuance of such a permit is reasonable under the circumstances. (i) A plan or sketch of the Pay Telephone shall be prepared by the applicant before installation and furnished to the Department in sufficient detail to describe the proposed size, location (referencing the zoned street and monument line) equipment and means of installation. Sec. 54-202. Standard for maintenance, installation and operation of Pay Telephones. (a) Pay Telephones 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: (1) Pay Telephone enclosures surrounding Pay Telephones shall not exceed eight (8) feet in height, four (4) feet in width or four (4) feet in depth. (2) Pay Telephone enclosures shall be lighted by means of low voltage lighting. - 11 - 11099 (3) Pay Telephones shall be equipped with coin return mechanisms to permit a person using the Pay Telephone to secure an immediate refund when there is a busy signal or no answer to a call placed. The coin return mechanism shall be maintained in good working order. (4) Each Pay Telephone shall have affixed to it, in a place visible to everyone using the Pay Telephone, the name and address of the Permittee and the telephone number of a working telephone service to report a malfunction of the Pay Telephone or to secure a refund. (5) The design of all Pay Telephone enclosures, including signage, shall be subject to the approval of the Department of Public Works. (6) Pay Telephones shall be maintained in a neat and clean condition and in good repair at all times. Maintenance and service of Pay Telephones shall include, but not be limited to the following: (a) All visible painted areas shall be kept reasonably free of chipped, faded, peeling and cracked paint. (b) All visible unpainted metal areas shall be kept reasonably free of rust and corrosion. (c) All clear plastic or glass parts shall be kept unbroken and reasonably free of cracks, dents, graffiti, blemishes and discolorations. (d) All paper or cardboard parts or inserts shall be kept reasonably free of tears, peeling or fading. (e) The structural parts shall not be broken or unduly misshapen. (f) All telephone receivers shall be kept attached to the telephones. - 12 - (7) Any Permittee who fails to maintain its Pay Telephone in working condition may be given a thirty (30) day written notice by the Department to repair the Pay Telephone. If the Pay Telephone is not in working condition at the end of the thirty (30) day period after proper notice is given, the Department may revoke the permit and remove the Pay Telephone from the Street or Sidewalk. The Pay Telephone so removed shall be stored within a City of Miami 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 removed and stored by the City pursuant to this subsection may reclaim said Pay telephone(s) after payment to the City of the total costs incurred for its removal and storage. (8) Permittee shall, within thirty (30) 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. Permittee shall restrict the calls to outgoing calls within ten (10) days after receiving permission from the Public Service Commission to do so. Sec. 54-203. Free of charge calls; posting of rates; refund information. (a) All Pay Telephones shall permit the following calls to be placed free of charge: (1) calls to the 911 emergency number; (2) emergency calls placed through operator assistance to the Police and Fire Departments; (3) calls to any 1-(800) number and to Directory Assistance, No. 411. (b) Current local coin call initial rates shall be posted on the Pay Telephone or on the Pay Telephone enclosure and shall not exceed the amount established by the Public Service Commission. 11099 - 13 - (c) An instruction card containing information regarding refunds and type of calls which may be made from a Pay Telephone shall be posted on a conspicuous place on the Pay Telephone or on the Pay Telephone enclosure. Sec. 54-204. Provisions for existing Pay Telephones installed pursuant to franchise agreements. All existing Pay Telephones shall comply with the requirements of this Ordinance within sixty (60) days of its effective date, however, those Pay Telephones installed pursuant to an existing franchise agreement with the City, need not comply with the provisions of this Article until the expiration date of said franchise agreement. Any Pay Telephone(s) not in compliance by the date prescribed hereinabove shall be removed in accordance with the procedure outlined under Sec. 54-202(a)(7) hereinabove. Sec. 54-205. Bonds. (a) Unless the applicant supplies other acceptable financial guarantees or demonstrates financial responsibility satisfactory to the Director of Finance and the City Attorney, all persons submitting a request for a Pay Telephone permit shall file with their request, bonds solely for the protection of the City with a surety company or trust company or companies as surety or sureties in the amount sufficient to protect the City from any and all damages or costs suffered or incurred by the City 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 fifty thousand dollars ($50,000); and the condition shall be a continuing obligation during the entire term of any Pay Telephone permit issued in accordance herewith and thereafter until the permittee shall have satisfied in full any and all obligations to the City which arise out of or pertain to the Pay Telephone permit. (b) None of the provisions of this section nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse the faithful performance by or limit the liability of the Permittee under this Article or any Pay Telephone permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. 11099 - 14 - Sec. 54-206. Indemnity and insurance. (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 Pay Telephone(s). (b) The Permittee shall indemnify, save and hold harmless and defend the City 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; 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 permittee's Pay Telephone(s) or the granting of the Pay Telephone permit. The granting of the Pay Telephone Permit Agreement is separate and distinct consideration for the granting of this indemnity. (c) Upon the granting of a Pay Telephone permit 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's Insurance Manager written evidence of payment of 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 City, its officers, boards, commissions, 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 Pay Telephone 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. 11099 - 15 - (2) Property damage insurance, indemnifying, 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 Pay Telephone 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 shall be in a form satisfactory to the City's 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 and referenced in subparagraphs (c) and (d) above, the Permittee may submit (1) a certification by a qualified independent actuary, acceptable to the City's Insurance Manager, 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) above, or (2) other documentation and proof acceptable to the City's Director of Finance and Insurance Manager 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) above. Sec. 54-207. Police powers. Nothing in this Article or in any Pay Telephone permit issued in accordance herewith shall be construed as an abrogation by the City of any of its police powers. Sec. 54-208. Transfers; Assignments; Subleases. (a) The Permittee shall not transfer or assign its interest in any permit issued in accordance herewith, other than a general assignment of the - 16 - 11099 Permittee'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 Permittee with another company shall not be deemed a transfer or assignment. (b) The Permittee shall promptly, in writing, notify the City's Public Works Director of any sublease, license, or other agreement it enters into with any person authorized to use, lease or license any or all of the Permittee's facilities and shall furnish the name, address and telephone of such sublessee, licensee or other user. Sec. 54-209. Service of notice. All notices required to be given to the City 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 City'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 Permittee under any provision of this Article shall be deemed given, whether actually received or not, if sent by United States registered or certified mail, return receipt requested, postage prepaid, and addressed to the Permittee at the address given in its most recently issued permit. Sec. 54-210. No Liability or warranty. This Article shall not be construed to create or hold the City responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any Pay Telephone permit 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 City 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, or part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. - 17 - 11099 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 14th day of October , 1993. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of November 1993. -AlIqs- < STE EN P. CLARK , MAYOR AT M'ArTY HIRAI CITY CLERK SUBMITTED BY: WALDEMAR E. LEE, DIRECTOR DEPARTMENT OF PUBLIC WORKS LEGAL REVIEW BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY IMA/bss/pb/M1035 APPROVED AS TO FORM AND CORRECTNESS: - 18 - 11099 CUM of �[iami MATTY HIRAI City Clerk December 6, 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: 11099 11100 11101 11104 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/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 Zt-tv of �fitamt MATTY HIRAI City Clerk December 6, 1993 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: 11099 11100 11101 11104 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: ) csX - 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 (�Y#g of �itamt MATTY HIRAI City Clerk December 6, 1993 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear M .; . 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: 11099 11100 11101 11104 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: I& '—&� ��AU Aj 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 CITY OF MIAMI, FLORIDA 9 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of DATE: the City Commission SUBJECT FROM A P14%, REFERENCES C e s d IFUVio ENCLOSURES: City ager RECOMMENDATION: nrT n a 1/1a,11, FILE Proposed Ordinance Amending the City Code Chapter 54 for the Installation of Pay Telephones in the Public Rights -of -Way It is respectfully recommended that the City Commission adopt the attached Ordinance, which amends the Miami City Code, Chapter 54 by adding a new Article XI entitled "USE OF THE PUBLIC RIGHTS -OF - WAY FOR INSTALLATION OF PAY TELEPHONES" and adding new sections 54-192 through 54-210. BACKGROUND: A number of pay telephone companies have requested use of the right to install private pay telephones within the public rights - of -way. It has been determined that allowing pay telephones in the public rights -of -way will serve the public and provide them with a convenient access to the public telephone system. The proposed ordinance provides for the regulation and sets condition for the installation, operation and maintenance of "pay telephones", including the selection and approval of each site, in order to avoid annoyance and inconvenience to pedestrians and residents of the City. This proposed ordinance came before the City Commission on July 8, 1993 with an annual flat rate fee of 25Po of the gross revenues to compensate the City for the costs incurred in regulating the installation and maintenance of these "pay telephones" at an approved site. There were concerns from the telephone companies that this fee was too high because of other costs incurred by the companies. The Commission passed Motion 93-410 referring this item back to the Administration requesting that the Administration work with the affected pay telephone companies to devise a fair and acceptable fee rate. .c The Administration had several meetings with representatives of several telephone companies and have agreed to the scaled fee schedule being proposed today. The ordinance prohibits "pay telephones" within One and Two Family Residential Areas. 17-/ 11099 " MIAMI • BROWARD LM BEACH + 1 SS L RE____E Browai oO5) 468-2600 / (305) 94S-6S77 VE SOUTH fLOR1DA5 NEWSPAPERS Of FNTE RVRtSE, REAL ESTATE AHD LAWPalm Beach+ i + • + Affiliates of Time Wamer Inc. _�"11 CITY OF MIAMI * DAILY BUSINESS REVIEW CITY CLERK MATTY HIRAI P.O. BOXOIOS89 P 3 3 O X 33,1708 MIAMI, FL 33101-0589 KI E.MI FL 33233 LL- PLIASE F.=TJRri 1E4ITTk':: - °Y 'J� TERMS: NET DUE ON RECEIPT OF INVOICE SALESCODE ORDER NUMBER CUSTOMER NO. CODE DEPARTMENT DATE INVOICE NO 1203C4 7941-01 A 04 12/33/93 143_5:7= DESCRIPTION Urtj,,PRICE ..AMOUNT MIb.-'DAILY BUSINESS PO #1232 NOTICE VF ADOPTED ORDINANC=S: � %P�1 D,D NO.II09? TNK.0 21106 V) RAN 12/3/93 _ F � C'�ELDIT DEPT. (i'?5) 347-6616 SUB -TOTAL I99' :- PkST LUE BALANCE'S WILL BE CHAEGEu 6 1*5 P71 MaNTH S_RVICE C-tAPC= (16% PER Ak!NIUN). SALES TAX • r Ls9�S. ORIGINAL -PLEASE PAY FROM THIS INVOICE �' C-), _ 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 Wllllams, 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. 11099 In the .............. X.. X..X .................. Court, was published in said newspaper In the Issues of December 3, 1993 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 afflant further says that she has nelth d nor promised any person, firm or corporation any sco nt, rebate, commission or refund for the purpose of Itculg this advertisement for publication In the said no p r. Sworn to and subscribed before me this 3N day of .-----.December-,,-, A.D. 3111,93 (SEAL) AGNES fi. PENA Sookle William persARY PUBLIC STATEE OF FE01 1t4 �l r' CC 172108 CITY OF MIAM19 FLORIDA LEGAL NOTICE All interested persons will take notice that on the 23rd day of November, 1993, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 11098 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10934, ADOPTED ON NOVEMBER 14, 1991, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPRO- PRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "DRUG FREE NEIGHBORHOOD TASK FORCE," TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $17,286 AS A RESULT OF A SUCCESSFUL GRANT APPLICATION, AND AUTHORIZING THE CITY MANAGER TO ACCEPT $17,286 FROM METROPOLITAN DADE COUNTY; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE. ORDINANCE NO. 11099 AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING NEW ARTICLE XI, THEREBY REQUIRING THAT PAY TELEPHONE COMPANIES ENTER INTO PERMIT AGREEMENTS WITH THE CITY OF MIAMI FOR THE ERECTION, CONSTRUCTION, RECONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, DISMANTLING, TESTING, REPAIR AND USE OF PAY TEL- EPHONES IN, UPON, ALONG, ACROSS, ABOVE, OVER, AND UNDER PUBLIC RIGHTS -OF -WAY, SUBJECT TO REG- ULATIONS, CERTAIN CONDITIONS AND THE PAYMENT OF PERMIT AND USER FEES; PROVIDING DEFINITIONS AND BY SETTING FORTH TERMS AND CONDITIONS BY WHICH PERMITS MAY BE ISSUED TO PAY TELEPHONE COMPANIES; MORE PARTICULARLY BY ADDING NEW SECTIONS 54-192 THROUGH 54-210; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11100 AN ORDINANCE AMENDING SECTION 53-151 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "RATES AND CHARGES", PERTAINING TO PROCEDURES AND USER FEES AT THE COCONUT GROVE CONVENTION CENTER THEREBY CHANGING FEES WHICH ARE DETERMINED BY THE TYPE OF EVENT BEING HELD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11101 AN ORDINANCE AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION"' OF THE CODE IF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY PROVIDING FOR THE CHANGE OF THE NAME OF THE "FIRE, RES- CUE AND INSPECTION SERVICES DEPARTMENT" TO THE "DEPARTMENT OF FIRE -RESCUE"; FURTHER PROVIDING FOR AMENDING ALL ORDINANCES OR PARTS THEREOF AND ALL SECTIONS OF THE CITY CODE OR PARTS THEREOF CONTAINING REFERENCES TO THE "FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT" TO HAVE SUCH REFERENCES SUBSTITUTED WITH THE TERM "DEPARTMENT OF FIRE -RESCUE"; MORE PARTICULARLY BY AMENDING THE TITLE OF DIVISION 3. AND SECTION 2-81; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11102 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS Page 1 of 2 AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, THEREBY ADDING NEW SECTION 621. SD-21 SILVER BLUFF COMMERCIAL OVERLAY DISTRICT; CLAR- IFYING REQUIREMENTS FOR REQUIRED AND SHARED OFFSTREET PARKING SPACES; ADDING A PROVISION THAT PROHIBITS VARIANCES FOR THE REDUCTION OF REQUIRED PARKING; AND ADDING PROVISIONS ESTABLISHING A PROCEDURE WHICH WILL ALLOW THE PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED OFFSTREET PARKING FOR NONRESIDENTIAL USES IN SD-21; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11103 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW SPECIAL OVERLAY DIS- TRICT, ENTITLED "SD-21 SILVER BLUFF COMMERCIAL OVERLAY DISTRICT"' FOR THE PROPERTIES GENER- ALLY BOUNDED BY BOTH SIDES OF SOUTHWEST 28TH LANE, SOUTHWEST 27TH STREET, SOUTHWEST 24TH AVENUE, THE METRORAIL RIGHT-OF-WAY, AND SOUTH- WEST 27TH AVENUE, MIAMI, FLORIDA (MORE PARTIC- ULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11104 AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTI. TLED "MOTOR VEHICLES AND TRAFFIC", BY ADDING A NEW ARTICLE IX ENTITLED "SILVER BLUFF COMMER- CIAL PARKING IMPROVEMENT TRUST FUND'; DESCRIB- ING THE PURPOSES FOR WHICH SUCH FUND IS ESTAB- LISHED, THE REQUIREMENTS FOR FEES TO BE PAID IN LIEU OF REQUIRED PARKING, THE MANNER IN WHICH FUNDS ARE DEPOSITED TO THE FUND, AND THE RESTRICTIONS ON HOW FUNDS MAY BE SPENT; MORE PARTICULARLY BY ADDING NEW SECTIONS 35.196 AND 35.197; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11105 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY: (1) AMENDING "SECTION 939. CBD STORAGE FACILITY" TO MAKE FINDINGS; CLARIFYING SECTION 939.2 TO PROVIDE THAT A CBD STORAGE FACILITY MAY BE OPERATED WITHIN AN EXISTING BUILDING UPON ISSUANCE OF A CLASS II SPECIAL PERMIT AND SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION 939.2; AND ADDING SECTION 939.3 WHICH SEPARATELY AND APART PROVIDES FOR THE OPERATION OF A CBD STORAGE FACILITY IN AN EXISTING BUILDING BY SPECIAL EXCEPTION SUBJECT TO REQUIREMENTS AND LIMITATIONS; AND (2) AMENDING SECTION 2502 TO CLARIFY THE DEFINITION OF CBD STORAGE FACILITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11106 AN ORDINANCE AMENDING ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING: ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS" TO AMEND THE INTENT OF THE R-1, R-2, R-3, R-4, C-1, G/I AND CBD DISTRICTS, ARTICLE 5, "PLANNED UNIT DEVELOPMENTS" TO PROVIDE THAT COMPHRENSIVE AND DETAILED SITE PLANS, FLOOR PLANS AND ELEVATIONS MAY BE REQUIRED AT THE DISCRETION OF THE DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING; ARTICLE 6 TO ALLOW "DANCE HALL, FOR RECREATION AND ENTER- TAINMENT" AS A PERMITTED USE IN SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT BY SPECIAL EXCEPTION ONLY AND AN OFFSTREET PARKING REQUIREMENT FOR MEETING HALLS/PLACES OF GEN- ERAL ASSEMBLY IN C-1; SECTION 605.4.2 TO ALLOW HEALTH STUDIOS AND SPAS AS PRINCIPAL USES PER- MITTED SUBJECT TO LIMITATION WITHIN THE DISTRICT; SECTION 607.10 TO REMOVE MINIMUM PARKING REQUIREMENTS IN SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT; SECTION 807.4.1(2) BY ELIMINATING THE 25,000 SQUARE FOOT MAXIMUM FOR INDIVIDUAL RETAIL ESTABLISH- MENTS AND INCREASING THE ALLOWABLE FLOOR AREA FROM .5 TIMES THE GROSS LOT AREA TO 1.5 TIMES THE GROSS LOT AREA; SECTION 607.4Z BY PER- MITTING DRIVE -THROUGH WINDOWS AT RESTAURANTS BY SPECIAL EXCEPTION ON ALL STREETS EXCEPT THOSE IDENTIFIED AS PEDESTRIAN STREETS IN SEC- TION 607.4A.1.; SECTION 607.4.3 BY PERMITTING "EXPRESS DELIVERY SERVICES" AND "PRINTING" BY SPECIAL EXCEPTION ONLY, PROVIDED THAT THERE SHALL BE NO VEHICULAR ACCESS TO SUCH FACILITIES DIRECTLY FROM PRIMARY PEDESTRIAN PATHWAYS AND THAT THERE IS A MINIMUM GROSS LOT AREA OF 30,000 SQUARE FEET; SECTION 614 TO CLARIFY CERTAIN LAN- GUAGE PERTAINING TO PERMITTED USES AND REGU- LATIONS OF THE SD-14 AND SD 14.1 DISTRICTS; ARTI- CLE 9, "GENERAL AND SUPPLEMENTARY REGULA. TIONS", TO DELETE THE REQUIREMENT FOR A CLASS 1 SPECIAL PERMIT FOR AIR CONDITIONING AND FIRE EQUIPMENT EXCEPT IN CASES WHERE REQUIRED MIN- IMUM SETBACKS CANNOT BE MET; ARTICLE 17, "MAJOR USE SPECIAL PERMITS", TO PROVIDE REFERRALS TO THE LARGE SCALE DEVELOPMENT (LSD) COMMITTEE AT THE DISCRETION OF THE DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING AND MAKING SUBMITTALS TO THAT COMMITTEE AND MINUTES OF ITS MEETINGS A MATTER OF PUBLIC RECORD; ARTICLE 25, SECTION 2502, "SPECIFIC DEFI- NITIONS" TO CORRECT AN INCORRECT CITATION IN THE DEFINITION OF "BUILDING PERMIT" AND TO PRO- VIDE A DEFINITION FOR "DIRECTOR" (OF THE DEPART. MENT OF PLANNING, BUILDING AND ZONING); AND BY PROVIDING DEFINITIONS FOR "MINOR AND MAJOR AUTOMOTIVE REPAIR", "PRINTING", "USED CAR SALES" AND "PRE -OWNED CAR SALES"; CONTAINING 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, 35M Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. MATTY HIRAI CITY CLERK CITY OF MIAMI, FLORIDA (01231) 1213 93.4-120304M Page 2 of 2