Loading...
HomeMy WebLinkAboutO-10438ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE VIII, CHAPTER 54, TO PROVIDE THAT ANY PERSON OR FIRM SEEKING TO USE PUBLIC RIGHTS -OF -WAY _ IN THE CITY FOR THE PLACEMENT OF PATHWAYS IN CONNECTION WITH THE OPERATION OF A PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE REQUIRED TO PAY A FEE TO THE CITY BASED ON THE ACTUAL LINEAR FEET OF PATHWAY AS A CONDITION TO SUCH PLACEMENT OF THE PATHWAYS; FURTHER PROVIDING - DEFINITIONS; SETTING FORTH TERMS AND CONDITIONS IN REGARD TO THE PERMIT TO BE ISSUED TO SAID PERSON OR FIRM; PROVIDING FOR POSTING OF BONDS AND SECURING OF INSURANCE; REQUIRING COMPLIANCE WITH CERTAIN STANDARDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, through Resolution No. 84-538, adopted May 10, 1984, the City of Miami has approved an Interim Agreement for persons who own, operate or lease telecommunications lines and were desirous of using the public right-of-way to install such lines; and WHEREAS, the rights -of -way within the corporate limits of the city are held by city in trust for the public and is maintained by the city at great public expense, and WHEREAS, the use of said public rights -of -way is a valuable property right for telecommunication companies from which the user derives income and profits; and WHEREAS, without the use of the right-of-way for utilities being subject to municipal regulation and permitting the use of the public right-of-way would be wholly unregulated and there would be no mechanism for repair to damaged public property, no plans and permits on file with the City regarding the locations of its lines, among other matters of great public interest which are served by municipal regulation in this area; and 1044138 -- - ORDINANCE NO AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE VIII, CHAPTER 54, TO PROVIDE THAT ANY PERSON OR FIRM SEEKING TO USE PUBLIC RIGHTS -OF -WAY IN THE CITY FOR, THE PLACEMENT OF PATHWAYS IN CONNECTION WITH THE OPERATION OF A PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE REQUIRED TO PAY A FEE TO THE CITY BASED ON THE ACTUAL LINEAR FEET OF PATHWAY AS A CONDITION TO SUCH PLACEMENT OF THE PATHWAYS; FURTHER PROVIDING DEFINITIONS; SETTING FORTH TERMS AND CONDITIONS IN REGARD TO THE PERMIT TO BE ISSUED TO SAID PERSON OR FIRM; PROVIDING FOR POSTING OF BONDS AND SECURING OF INSURANCE; REQUIRING COMPLIANCE WITH CERTAIN STANDARDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, through Resolution No. 84-538, adopted May 10, 1984, the City of Miami has approved an Interim Agreement for persons who own, operate or lease telecommunications lines and were desirous of using the public right-of-way to install such lines; and WHEREAS, the rights -of -way within the corporate limits of the city are held by city in trust for the public and is maintained by the city at great public expense and WHEREAS, the. use of said public rights -of -way is a valuable property right for telecommunication companies from which the user derives income and profits; and WHEREAS, without the use of the right--of-way for utilities being subject to municipal regulation and permitting the use of the public right-of-way would be wholly unregulated and there would be no mechanism for repair to damaged public property, no plans and permits on file with the City regarding the locations of its lines, among other matters of great public interest which are served by municipal regulation in this area; and 0 WHEREAS, the City in implementing its interim agreement for use of rights -of -way always stated that it would develop a comprehensive City Administrative Policy which would include compensation for the use of City streets for private businesses; and WHEREAS, the City has developed such a Tolicy as is provided for by the instant ordinance; and WHEREAS,, a budgetary short fall of severe proportions which is enveloping the City in this fiscal year necessitates that this ordinance be enacted as an emergency measure; and WHEREAS, the City of Miami is authorized and obligated to license and control the use of public rights -of -way within the City; and WHEREAS, the right to use the streets and highways of a Florida municipality for the conduct of a strictly private business can be acquired by permission of the municipality and the form of such acquisition can be a permit issued to the commercial enterprise; and WHEREAS, all other enterprises which have lines within the City's rights -of -way have agreements and/or pay the City some form of annual compensation for the privilege of having their lines within the City's rights -of -way and WHEREAS, revenues from rights -of -way permittees will allow the City an opportunity to help fund the cost of local government including the cost of public capital improvement and thereby partly recoup the public monies expended in the past for the acquisition, construction and maintenance of the public rights - of -way; and WHEREAS, the fairness of this policy of compensation for private use of the public rights -of -way will serve the public interest and also permit the private sector to earn a fair profit while providing the most sophisticated telecommunication system in the world; and 10438 Jwk WHEREAS, it is fair and reasonable that the firms utilizing the rights -of -way shoulder some of the burden to pay their share for access to a limited resource and to recoup the public monies expended for the acquisition, construction and maintenance of the public rights -of -way and the assumption of their share of the burden ought to be considered as a fixed cost of doing business; and WHEREAS, only by controlling the corridor through which these new communication services must flow can the City's future administrative mechanism for partly recouping these public monies be made efficient or operable, and WHEREAS, under the City's Home Rule powers as granted by Sec. 2(b), Article VIII of the constitution of the State of Florida and Section 166.021, Florida Statutes and as the owner in fee simple of the City's rights -of -way, the City Commission has determined and does hereby determine to impose an annual fee for the commercial utilization of the City's rights -of -way by the placement of private telecommunications lines within the right-of-way in accordance with the terms and conditions as set forth in this ordinance which will replace the City's existing interim right-of-way fee; NOW, THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 54, of the Code of the City of Miami, Florida, as amended, is hereby amended by the addition of a new article: "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE VIII.USE OF THE PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATION SYSTEMS. Sec. 54-140 Statement of Purpose. The City Commission hereby finds and declares that it is necessary and reasonable for this Article; 10438 MR , .: 1M " a. to regulate the erection, construction, reconstruction installation, operation, maintenance, dismantling, testing, repair and use of a private communications system in, upon, along, across, above, over, under or in any manner connected with the streets, public ways or public places within the corporate limits of the City, as now or in the future may exist; b, to provide the City with compensation for occupation and use of the City's rights -of -way for a private communications system; c. to provide the City with compensation for acquisition and maintenance of City's rights of way when used for commercial purposes; and d. to provide the City with compensation for the cost of regulation imposed by this article on a private communications system. Sec. 54-141 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. (1) "Cable Communications Division" means the City's Cable Communication Division Director or their designee and any successor in interest. (2) "Cable Communication System" means a nonbroadcast facility consisting of a set of transmission paths with associated signal generation, reception and control equipment, under common ownership and control, which distributes or is designed to distribute to subscribers and signals of one or more television broadcast stations and is franchised by the City in accordance with law. (3) "FCC" means the Federal Communications Commission or its legally appointed successor. (4) "Local telephone service" means a. The access to a local telephone system, and the privilege of telephonic -quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system or b. Any facility or connection with a paragraph (a). service provided in, service described in The term "local telephone service" does not include any service which is a toll telephone service; private communication service cellular mobile telephone or telecommunication service; specialized mobile telephone or telecommunication service; speQialed mobile radio, or pagers and paging service, including but not limited to "beepers" and any other form of mobile and portable one-way or two-way communication; or teletypewriter or computer exchange service. (5) "Telecommunication Permit Agreement" means the document by which a privilege granted by the City by which the City authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain, repair, rebuild and replace a private communications system that occupies the streets, public ways or public places within the City. Any Telecommunication Agreement issued in accordance herewith shall be a nonexclusive permit and shall be subject to approval as to form by the City Attorney whose office is promulgating a standard form agreement. (6) "Permittee" means the person or its legal successor in interest who is issued a Telecommunication Permit Agreement or Permits in accordance with the provisions of this Article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private communications systems in the City. (7) "Private Communications System" means any communications lines, cables, equipment or facilities, not part of the LATA, not part of a Cable Communications System franchised by the City, nor part of a government -owned system, that in any manner is connectedwith the streets, public ways or public places within the corporate limits of the City, as now or in the future may exist, which: I. are used to provide a toll telephone service; ii. are used by a person or business entity to — provide telecommunication services including but not limited to, telephone, telegram, teletypewriter, or computer exchange services between different offices or facilities of the person, business entity or its affiliated companies; or iii. are used to provide telecommunication services to other entities. (8) "Street" means any area established for vehicular or public access use or the entire width between the boundary lines of every way publicly maintained when any part thereof is open for public- purposes. "Street" includes, but is not limited to, highway, avenue, road, alley, right of way, drive, lane, boulevard, court, concourse, bridge, cul de sao, tunnel, parks, parkways and , waterways. (9), "Toll telephone service" means: (a) A telephonio-quality communication for which there is toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or (b) A service which entitles the subscriber or user, upon the payment of periodio charge which is determined as a flat amount or upon the basis of total elapsed transmission tine, to the privilege of an unlimited number of -5- " n # -tiffs Y.. N.N Sg .._.. telephonic communications to or from all or A substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located. (10) "Pathway" means any line, cable, fiber optic conduit, duct -bank similar transmission equipment which shall be known collectively in thi8 article as pathways. Sec. 54-142 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 Public Works Director or to any person in charge of the division during normal business hours. See. 54-143 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 rainspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any Telecommunication 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. Sec 54-144 Length of Permit Agreement. (a) Any Telecommunication Permit Agreement issued by the City in accordance herewith shall be a nonexclusive permit for the use of the streets, public ways or public places within the City as specified in the Telecommunication Permit for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a Private Communications System. (b) Any Telecommunication Permit issued by the City shall continue in full force and effect so long as the Permittee is incompliancewith this Article, and all applicable Federal, State and local ordinances and regulations and the space occupied is not needed for a public purpose. _ (c) In the event any Telecommunication Permit shall be revoked, the applicable. Private Communications System shall be removed from the streets, public ways and public places in accordance with the provisions of Section 54.80 Sec. 54-145 Permit Locations. (a) Any Telecommunication Permit Agreement issued for a Private Communications System in accordance herewith shall apply only to the location or, locations stated on the Telecommunication Permit or Permits (b) 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 _g f construction or installation of a private Communications System shall be issued. The requirements for any and all other permits as may be required by any City ordinance, including the Might -of --stay Utilization Permit, shall still apply and all other 'applicable permit fees shall still be due. Sec. 54-146 Technical Standards. All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of a Private Communications System provided for herein shall be in accordance with all applicable FCC and 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 Powers and Duties of City Public Works 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 Communications System. (2) Review and cause to be audited all reports and filings submitted by the Permittee to the. City pursuant to this Article. (3) Submit regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing, use, repairing, rebuilding or replacing of any Private Communications System established by Telecommunication Permit in accordance herewith to the Director of the Department of Public Works for promulgation. Sec. 54-148 Bonds. (a) Unless the applicant supplies. other acceptable financialguarantees or demonstrates financial responsibility satisfactory to the Director of Finance and the City Attorney, all persons submitting a request for a Telecommunication Permit to construct a Private Communications System in accordance herewith 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 $50,000,00; and the condition shall be a continuing obligation during the entire term of any Telecommunication Permit issued in accordance herewith and thereafter uzitil the Permittee shall have satisfied in full, any and all obligations to the City which arise out of or pertain to the Telecommunication Permit for a Private Communications System. _7, 0+r03 (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 Telecommunication Permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. Sec. 54-149 Compensation for Permit. Except as hereinafter provided, it shall be a term and condition of any Telecommunication Permit issued in accordance herewith that as a part of the consideration supporting the issuance of such Telecommunication 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 compensation and License fees in the amount of: (i) $2.00 per linear foot of any aboveground or underground line, cable, fiber optic, conduit, duct -bank, or other pathway (hereinafter collectively referred to as "Pathway") that makes physical use of the City streets. For the purposes of this Section, two or more lines cables fiber optics conduits, duct -banks or other pathways parallel to each other which are: (i) underground and within a sixteen (16) inch wide strip of -right-of-way, except as hereinafter provided, or (ii) aboveground and attached to the same poles, and owned by the same or an affiliated company shall be considered as one Pathway for the purpose of the per linear foot _ charge. In the event a Permittee cannot construct or lay its underground lines, cables, fiber optics conduits, duct -banks or otherpathways within a single sixteen inch wide strip of right-of-way because a sixteen inch wide strip of right-of-way is not available due to the closeness of other lines owned by other entities, then all lines, cables fiber optics conduits, duct -banks or other pathways which are owned by that Permittee or an affiliated company that are parallel to each other within the same right- of-way regardless of distance apart shall be considered as one Pathway for the purpose of the, per linear foot charge, provided that such lines and pathways could have been constructed within a single sixteen inch wide strip of right-of-way, if it had been available. Lines, cables or fiber optics of a Private Communications System placed in an underground conduit or duct -bank owned by another Permittee shall require a separate Telecommunication Permit, subject to the same requirements as other installations, except the fee for the additional Telecommunications Permit shall be one-half of the otherwise applicable per linear foot fee for one portion of the Pathway so utilized, Lines, cables or fiber optics of a Private Communications System placed aboveground on -8- VA existing poles Shall require a Telecommunication Permit, subject to the same requirements as other installations. Lines, cables or fiber optics of a Private Communication System which are placed in an underground conduit or duot--bank, or on — aboveground poles owned by an entity exempt from the provisions of this Article shall require a Telecommunication 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. As may be allowed by law, the City may raise this license fee no more frequently than every three years, by an amount not exceeding the proportional cumulative increase in the Bureau of Labor Statistics Telephone and Telegraph Wire and Cable Index or successor index since the initial establishment of this permit fee, or since the more recent increase in the permit fee for any and all subsequent increases after the first increase, and only after a public hearing and at least twenty (20) days notice to all Permittees, except as hereinafter provided. The City may raise the license fee more than the cumulative increase in such Index in the event there is competent evidence that the fee imposed by the .City is below the average of fees imposed by other cities within the State of Florida which impose such fees and which have populations in excess of 100,000 people. Except for lines, cables or fiber optics within a conduit or duct -bank owned by another Permittee, the license fee shall be based on the same amount per linear foot for all nongovernmental entities subject to the requirements of this Article after the transition period, except in no event, however, shall the fee be less than $500.00 per annum. Sec. 54-150 Payment and Audit of Compensation and License Fees. (a) The annual -oompensation.and license fee provided for in Section 54.149 shall be payable annually on July 1 of each year. (b) Fees not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid. (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 until the date payment is made. (d) Nothing in this Article shall be construed to limit the liability of the licensee for all applicable Federal, State and local taxes. (e) In the event any fees due in accordance with the terms of this Article are not paid within 90 days after the due date, the Public Works Director may withhold the issuance of any right-of-way utilization permits or Telecommunication Permits to the Permittee until the amount past due is paid in full. Sec. 54-151 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 Private Communications System. (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 Private Communications System or the granting of the Telecommunication Permit. The granting of the permit agreement is separate and distinct consideration for the granting of this indemnity. (c) Upon the granting of a Permit and at all times during the terms of the Permit, including the time for removal offacilities as provided for herein, the per.mittee shall obtain, pay all premiums for, and file with the City Insurance Manager written evidence of payment of premiums and executed duplicate copies of the following (1) A general comprehensive liability police 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 Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of Five Hundred Thousand Dollars ($500,000) combined single ' limit for personal injury or death. _10_ 104 (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 Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of Five Hundred Thousand Dollars ($500,000) combined single limit for property damage. (d) All insurance policies called for herein 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, the Permittee may submit (i) a certification by a qualified independent actuary, acceptable to the City 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 (e) and _(d), or (ii) 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 (a) and (d). Sec. 54-152 Police Powers. Nothing in this Article or in any Telecommunication Permit issued in accordance herewith shall be construed as an abrogation by the City of any of its police powers Sec. 54-153 Use of Streets and Pole Attachments. (a) Before commencing construction of its Private Communications System 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 necessary permits from, all appropriate City agencies, including but not limitedto, 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. (b) Upon obtaining such written approval, the Permittee shall give. the Department of Public Works written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten (10) days before such commencement, except for emergency repairs of existing lines or cables, U)4; 3 ,10 sg� x.s . �. x (c) Any person who submits a request for a Permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owter(s) of such facilities to be used or affected by the construction of the proposed Private Communications System, which agreements 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 surfaoe of any street, sidewalk, driveway, public way or other public place 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, 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 other public place, or remove from such street or other public place, 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 of 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. (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 serviced 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 erecting any new poles or underground conduits where none exist. (h) The Permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. () The Permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish as soon as they are availAbl.e two (2) 104f h e Ti complete copies of such maps and records, including as -built drawings, to the Department of Public Works. (j) The Permittee shall comply with all rules and ' regulations issued by the Department of Public Works governing the construction and installation of Private Communications Systems. In addition: (1) All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires; and (2) Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations; and (3) All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the Public Works Director; and (4) All installations shall be underground in those areas of the City where both telephone and electric utilities facilities are underground at the time of the installation of the Permittee's Private Communications System: a. In areas where both telephone and electric utilities' facilities are above ground at the tie of the installation of the Permittee's Private Communications System, the permittee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities are placed underground by the telephone and electric utility • companies, the Permittee shall likewise place its facilities underground at its sole cost and expense. (5) The Permittee upon reasonable notice by the City, shall temporarily or permanently remove, 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 nonstandard 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 54-154 Transfer Assignments; Sublessees. (a) The Permittee shall not transfer or assign its interest in any Permit issued in accordance herewith, other than a general assignment of the 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 Worl�s . For purposes of this section a merger of oon'solidation of the Permittee with another company shall- not be deemed a transfer or assignment. The assignment of the right to a nonaffiliated company to place a Line, cable or -13- 104 3b- fjber optic within a permitted conduit or duct bank of a Permittee is subject to the requirement of an additional Telecommunication Permit. (b) The Permittee shall promptly, in writing, notify the City public Works Director of any sublessee, license, or other agreement it enters into with any person authorized to use, lease or license any or all of the Permittees' facilities or lines and shall furnish the name, address and telephone of such sublessee, licensee or other user." Section 2. All ordinances or parts ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. 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 5 The requirements of reading this Ordinance on two separate days is herby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 19th day of a 1988. G ATT XAVIER L. SUA EZ,MAYOR Y HIRAI CITY CLERK - PREPARED AND APPROVED BY: RAFAEL E. SUAREZ-RIVAS ASSISTANT CITY ATTORNEY 1, !f t?r C i-v or NTi n,r;ti,tt. i APPROVED AS TO FORM AND CORRECTNESS: A. ,r;ci �. tt•f, ►ist ; ,,•,,.t a :xt t a .k}tIT LUCIA A, DOUGHERTY CITY ATTORNEY . W n,;tiCvS alit, irt:t ;i 'A; •t, :�. t. .,,a.. ,.i,,= to tiw liht+:e t,r,t�'i,t.t t�xs•s•tri „ ili4,ai RSR/E; g/fib/bSS/M32 City t.ti, .__c�a� of _ _14- 10431Y • In MIAMI REVIEW pubiv,htlo C),Wv ibur.,i �e'c7 air 44: ri '13y'� 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 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. 10438 in the ..... x X . X Court, was published in said newspaper in the issues of May 26, 1988 Afliant further says that the said Miami 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 adverlisement: and afftant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or ref d for the purpose of securing this advertisement for publi71on In the said newspaper. �r Stao�p id and sutigcribed before me this 26 .tfay of- ." M a y , - A.D. ie 88 .r Wu fl.11P of Chef ~�iy�k. utriiG, �at� of Floriddaa��l largo (SEAL) My Commi§ iiwexpiras JtiAg 2,t,',14Vl. +.i '•,ice P.��1 MR 114A CITY OF IiMIAIMI DARE COUNTY, FLORIDA LEGAL NOTICE All Interested persons will take notice that on t 19th day of May, 1988, the City Commission of Miami, Florida, adopt the following titled ordinances: ORDINANCE N0, 10438 AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CiTY OF MIAMi, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE Vill, CHAPTER 54, TO PROVIDE THAT ANY PERSON OR FiRM SEEKING TO USE PUBLIC RiGHTS•OF•WAY IN THE CITY FOR THE PLACEMENT OF PATHWAYS IN CONNECTION WITH THE OPERATION OF A PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE REQUIRED TO PAY A FEE TO THE CITY BASED ON THE ACTUAL LINEAR FEET OF PATHWAY AS A CONDITION TO SUCH PLACEMENT OF THE PATHWAYS; FURTHER PROVIDING DEFINITIONS; SETTING FORTH TERMS AND CONDITIONS iN REGARD TO THE PERMIT TO BE ISSUED TO SAID PERSON OR FIRM: PROVIDING FOR POSTING OF BONDS AND SECURING OF INSURANCE; REQUIRING COMPLIANCE WITH CERTAIN STANDARDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 10439 AN EMERGENCY ORDINANCE ADOPTING A NEW SECTION 53.1 OF THE CODE OF THE CiTY OF MIAMI, FLORIDA, AS AMENDED, TO ESTABLISH A TICKET SURCHARGE ON PAID ADMISSIONS FOR EVENTS HELD IN CITY OF MIAMI PUBLIC FACILITIES AND PARKS; FURTHER AMENDING SECTIONS 53-131(C), 53-135(A) AND (B) OF SAID CODE BY DELETING REFERENCES TO "THE NATIONAL FOOTBALL LEAGUE" AND SUBSTITUTING THE TERM i. "PROFESSIONAL FOOTBALL" WHERE APPLICABLE; CONTAINING A REPEALER PROVISION AND A SEVERABILtTY CLAUSE. ORDINANCE NO. 10440 AN EMERGENCY ORDINANCE AMENDING CHAPTER 22, ENTITLED"GARBAGE AND TRASH OF THE CODE OFTHE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR: THE ISSUANCE OF A REGULATORY PERMIT REQUIRED FOR ALL PERSONS ENGAGED IN SOLID WASTE COLLECTION AND DISPOSAL IN THE CITY, THE PAYMENT OF A REGULATORY PERMIT FEE, THE SUBMISSION OF CERTAIN FINANCIAL STATEMENTS AND DOCUMENTS;AND THE AUTHORIZATION OF THE DIRECTOR OF THE SOLID WASTE: DEPARTMENT TO PROMULGATE RULES AND REGULATIONS IN REGARD TO THE { ISSUANCE AND ADMINISTRATION OF SUCH PERMIT AND FEE; MORE PARTICULARLY, BY AMENDING PARAGRAPH (1) AND REPEALING PARAGRAPH (2) OF SUBSECTION (a) OF SECTION 22.13, REPEALING SECTIONS 22.18.5 AND 22.18.7 IN THEIR ENTIRETY; AMENDING SUBSECTIONS (g) AND (h) OF SECTION 22.18.1, AMENDING SECTION 22.18.4. AMENDING SECTION 22-18.6, AND ADDING NEW SECTIONS 22 18.12 AND 22.18.13 TO SAID CHAPTER 22; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 10441 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.9500, THE ZONING ORDINANCE OF THE CiTY OF MIAMI, FLORIDA,' BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2785.2855 TIGERTAIL AVENUE AND APPROXIMATELY 3241.3299 MARY STREET, MIAMI, ; FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-215 GENERAL RESIDENTIAL WiTH AN SPI.3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO RG•216; GENERAL' RESIDENTIAL AND RETAINING THE SPI.3 OVERLAY DISTRICT BY MAKING FINDINGS; AND BY MAKING ALL THE . 1 NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING I ATLAS MADE A PART OF ORDINANCE NO.95W BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 A.M. and 5:00 P.M. + i .. Ij .'too $0311 t. MATTY HIRAI CITY CLERK (11114968) CITY*OF MIAMI, FLORIDA 5126 88-D52653M