HomeMy WebLinkAboutItem #41 - First Reading Ordinancei. C171
J-87-400
6/11/87
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW
SECTION 54-499 THEREBY ESTABLISHING A "LATE
FEE SCHEDULE" FOR APPLICATION BY THE CITY TO
UTILITY COMPANIES WHOSE DELAY IN COMPLETING
MODIFICATIONS TO THEIR FACILITIES ADVERSELY
AFFECT THE CITY'S HIGHWAY CONTRACTORS;
PROVIDING FOR THE COLLECTION OF SUCH LATE FEE
TO COMMENCE ON THE DATE THE CITY ISSUES A
"NOTICE TO PROCEED" TO ITS CONTRACTOR;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the City of Miami has been rebuilding approximately
ten miles of roadways per year; and
WHEREAS, in conjunction with the City's rebuilding of
roadways, the utility companies are required to accomplish all
necessary relocations, rebuilding, upgrading, cleanup, etc., of
their facilities; and
WHEREAS, the City holds utility coordination meetings for
each proposed highway improvement for the purpose of coordinating
the City's construction with the necessary utility construction;
and
WHEREAS, the City directs each utility company to accomplish`
all its work prior to the start of roadway construction; and
WHEREAS, it is incumbent upon the utility companies to
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complete their work in a timely manner to meet the schedules
established by the City; and
WHEREAS, over the years, a consistent pattern has developed
whereby one or more utility companies have not completed their
work prior to the City's start of roadway construction; and
WHEREAS, the City's program is being hindered by having
utility poles, facilities, crews, etc. remain in the path of
construction, resulting in extra work, the scheduling of extra
man-hours and rescheduling of construction activity due to delay
in the removal of such poles, facilities and crews; and
WHEREAS, this persistent delay is being reflected in higher ►:
costs and delays to the City in its accomplishing roadway work
y
and improvements; and
WHEREAS, it is necessary that a "Late Fee Schedule" be
established for application by the City against those utility
companies who adversely affect the City's highway program and by
their delay require additional administrative effort and
attention by the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Code of the City of Miami, Florida, as
amended, is hereby amended by adding a new Section 54-49 thereto
reading as follows:
"Sec. 54-49 Late fee assessment for failure to
relocate equipment.
(a) In the event that a utility company fails to
complete its facility relocation, rebuilding,
upgrading, cleanup, etc., necessitated by a roadway
improvement/project within the City, by the deadline
date established by the Department of Public Works and
furnished in writing to said utility company, the City
hereby assesses late fees upon the utility company.
The late fee schedule is as follows:
Fifty dollars ($50) per calendar day per
pole, assessed against owner of pole.
Fifty dollars ($50) per calendar day per wire
and/or cable attached to each pole assessed
against owner(s) of wire and/or cable.
Fifty dollars ($50) per calendar day per
anchor and/or guy wire, assessed against
owner of anchor and/or guy wire.
Ten dollars ($10) per linear foot of trench
dug by utility company or contractor working
for utility company.
(b) Said fees shall be assessed for the period
beginning on the date the City issues a notice to
proceed to its street improvement contractor, which
date shall be one day after the deadline date referred
to in subsection (a) hereof, and ending on the date
that the uti 1 i ty company's facilities have been
upgraded or relocated and the right of way vacated
and/or restored in accordance with the standards and
specifications of the Department of Public Works and
any applicable codes including the City of Miami and
South Florida Building Code.
(c) Where late fees assessed hereunder are not
paid by the utility company within 60 days from the
date the City forwarded its invoice by certified mail,
there shall be an additional 0.1% of the total invoice
amount assessed for each calendar day delay in payment
beyond the 60 days mentioned above."
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
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Section 3. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 9th day of
July , 1987.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1987.
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
CHIEF DEPUTY CITY ATTORNEY
APPROVED TO FORM AND CORRECTNESS:
CI ATTORNEY
RFC /bss/M162
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42
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
-o Honorable Mayor and Members OATS JUN 3 U 1987 CILE
Of the City Commission Ordinance Amending the Code
SUBJEC- of the City by Establishing
a "Late Fee Schedule" For
Application By The City To
1 Utility Companies Who Delay
REFERENCES The City Road Rebuilding Progra
Cesar H. Odio ENCLOSURES
City Manager
RECOMMENDATION:
It is respectfully recommended that the City Commission pass the
attached ordinance amending the Code of the City of Miami,
Florida, as amended, by adding a new Section 54-49. The new
section will establish a "Late Fee Schedule" for application bV
the City to utility companies whose delay in completing
modifications to their facilities adversely affect the City's
road rebuilding program. Such late fee will only commence on the
date the City issues a "Notice to Proceed" to its contractor if
the utility company has failed, after receipt of advance notice,
to accomplish the required removal of its' facilities.
3ACKGROUND:
The Department of Public Works, in a continuing effort to serve
all residents of the City of Miami, is proposing an ordinance to
amend the City Code by adding a new Section 54-49 to establish a
"Late Fee Schedule" for application by the City to utility
companies.
The City of Miami has been rebuilding approximately ten miles of
roadways per year. In conjunction with this rebuilding, the
utility companies are required to accomplish all necessary
relocations, rebuilding, upgrading, changes, etc., of their
facilities.
In order to coordinate the necessary utility construction, the
city holds numerous utility coordination meetings for each
proposed highway improvement. At these meetings, and by letter,
the City directs each utility company to accomplish all its work
prior to the start of the City's roadway construction. It is
therefore incumbent upon each utility company to complete its
work in a timely manner to meet the schedules established by the
City.
Over the years a consistent pattern has developed whereby one or
more utility companies have not completed their work prior to the
City's start of roadway construction. Consequently, the City's
roadway rebuilding program is being hindered by having utility
I -la —/
poleei facilities, crews, etc. remain in the path of
construction. This results in the City's contractor incurring
extra work, scheduling of extra man - hours and rescheduling of
construction activity due to delay in the removal of such poles,
facilities and utility crews.
This persistent delay is being reflected in higher costs and
delays to the City in accomplishing roadway work and
improvements. Therefore, establishment of a "Late Fee Schedule"
is recommended to be applicable to utility, companies whose
untimely performance adversely affects the Citys road rebuilding
program.
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