HomeMy WebLinkAboutO-10263ORDINANCE �10.
AN ORDINANCE AMENDING CHAPTER 55, ARTICLE II,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, PROVIDING NEW DEFINITIONS RELATING
TO PUBLIC SERVICE TAXES ON TELECOMMUNICATIONS
SERVICES, LOWERING THE RATE OF TAX ON
TELECOMMUNICATIONS SERVICES TO SEVEN PERCENT,
TARING ADDITIONAL 'TELECOMMUNICATIONS
SERVICES; CONTAINING A REPEALER PROVISION, A
SEVERABILIT'Y CLAUSE, AND PROVIDING FOR, AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds that, due to the
amendment of Florida Statutes, Chapter 166, there is a need to
expand and enlarge Chapter 55, Article II of the City Code; and
WHEREAS, the City Commission elects to reduce the Public
Service tax rate on Miami citizens' basic monthly local telephone
service from ten (10) to seven (7) percent; and
WHEREAS, the City Commission desires to expand the scope of
telecommunications service to which the public service tax will
apply;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Chapter 55, Article II of the Code of the City
of Miami, Florida, as amended, is hereby further amended in the
following particulars:1
"ARTICLE II. PUBLIC SERVICES TAXES
Sec. 55-11. Definitions.
For the purposes of this article the following
words and phrases shall have the meanings respectively
ascribed to them by this section:
Bottled gas: All types and kinds of natural,
liquefied petroleum and manufactured gas for lighting,
heating, cooking, power or any other purpose delivered
to any purchaser thereof within the city.
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now In effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
tleotricity: All electric current or energy
for lighting, heating, cooking, power or any other
purpose a0liVofod to any purchaser thereof within the
city:
puel oil: All bunker C oil, no. 1 and. no. 2
fuel oil and kerosene or any combination thereof for
lighting, heating, cooking, power or any other purpose
delivered to any purchaser thereof within the corporate
limits of the city:
(4) Local telephone service:
(a) The a0coss to a local telephone system -
and the privilege of telephonic -quality communication
with substantially all persons having tele hone or
radio telephone stations constituting a part of such
local telephone - or
any or service provided—i—n
include any service which is a toll tele*phone service -
mobile - - _
kut 1. • .--.-
m•! - • - • •-way oommuniQation or
•- • •� • - -: - -
i5 Metered gas: All types and kinds of natural
and manufactured gas for lighting, heating, cooking,
power or any other purpose delivered to any purchaser
thereof within the city.
-2
e`zr
intercommunication system for the subscriber's
ationS , regardlems of yhether such channel . groups of
channels or intercommunication system may be.connect
through switching with a Service described in paragraph
(4), subparagraph (13), or subpar agraph .,(14) thereof;
(b) Switching capacit2,_exteh8iQn lines, and
,tions
or other
associated OeiVices
thigh` are.
_ provided in
connection
with, and which
are necessary or
unique to
the use.
of channels or SIStems
described in
subparagraph
(a) hereof:
or
(c) The
channel mileage
which connects a
telephone
station
Located outside
a local telephone
system area
with
a central office
in such local
telephone
system.
(7)
Purchase
as to all public services except
telecommunications
services: Every
act or transaction
whereby possession of, utilization of, control over or
title to electricity, water, metered gas, bottled gas,
and the duty and obligation to pay therefor, become
vested in the purchaser within the city. ,
or tn.-sbruittenbattby of tile Untted States Goverinue-Lib, tile
- (8)
telecommunications
Purchase
within
the municipality as to
(a) All local
service
City; and
charges
services:
for services
recurring
originating within the
(b)
all charges
for Florida intrastate
-3-
deter�ninedthe total amount billed fog
tPl eco imun3 cations setyjo 'S to a telephone or telOP
number. a to �rommuni��+:ions number or device'.`.
^ustoif►er's bl.11in addrPs loaatpd within to
�n�incibalit'v
Purchaser! Every person legally liable for
the payment of for electricity, metered gas, bottled
gas alict O fuel oil delivered to him, or tSd-eph`aIIe
'e telecommunications serviQ—e
and or water service rendered to him; by a sellers
(10) Seller. Every person delivering electricity,
metered gas, bottled gas or fuel oil, or rendering
t-etep elgSommunications service
or water service to any purchaser thereof.
�1�) Telecommunications Service:
S � ) Local teleph,
e ccr,jj (,e toll telephone
�Prvice telegram or telec�rarh service tele vpewriter
or computer exchange service or private communication
�Prvice: or
(b) Cellul'r mobile telephone or
i-Plecommu��
nn ePrvi c+P specialized mnb l P radio.._
and pagers and paging service inaludin¢ but not
�im,tPd to "beepers" and anv other form of mobile and
partable one wav or two wav communication b„t does not
iAA � to
include „de seryi ces or ecruirmPni; ira n a
tole.,.,,,,,,,,,n, natj OnS Servi r+P� enumPrA.i Pd i� this
such ustom r premises
ga,� mPnt wherhPr owned by the customer or not.
RPt] ray�� v states itemize' '� '' ""^r� �'P`� on the bill.
=•^a or other tan�i�l P Pvi Bence of tY�e grove si on of
si] serv�.ae .
T�_
(12) Telegtap I h service : All types and kiticls§ of
86tvide as ate toftclered by telegraph companies to any
purchaser of such service within the citj-
j.13) Teletypewriter o:t,.computer exQhanae service
'
he access from . a a _te
letpewriter,phcrie,
oomputer. or Other data station of which such station
is a part ---,atd the privilege of intercommunication by
suchstation. with substantially all PQrSQnS haying
teletypewriter. tele-photie, Qomputez., or other data
stations constituting- a part of the same.. teletypewriter
,orcomputerexchangesVstem. to which thesubscriberor
'se"isentitled upon payment of a charge or charges.
whether such charge or charges are determined as a flat
Periodic amount, on the basis of distance and elapsed
transmission. time, or some other method. The ter
"teletypewriter or computer ._exchange service" does not
include local telephone service or - 011 telephone
service.
WIN
which- there is a --toll charge which varies in amount
with the distance and elapsedtransmissiontime Of each
p FM F-WN C. I - - O)ISMOP-M
(b) A service which entitles the subscriber
I -
--- NO �-@
�
a flat amount
or
I
upon
the basis
of -total
ITZ "It A. -If *lt*)!Imk
A4=9
IMTM if"o
mr-OrsTaiM
Wr4
sjlp 9 .
w
W-amwi
In w,)F.jc�F.
mm
IL02631.1
p
Witioullb, but such term shall: not
11 tile
tetephone coin boxes.
(15)'Water service: The water supply furnished to
all consumers of the city by the
depatr , watur divis Miami -Dade Water and Sewer
Authority (or Department), for retail use and not for
resale.
Sec. 55-12. Rate and amount of excise public-service
tax on purchase of public utility
services except telecommunications
service callea tti levy of tax.
There is hereby levied and imposed by the city
upon every purchase of electricity, metered gas,
bottled gas, fuel oil, �eTephune service, telegr up!
servtce and water service, included in or reflected by
any bill rendered by the seller to the purchaser, a
excts-e public service tax which shall be determined as
follows:
(1) When the seller, in accordance with his rules
and regulations, renders a bill to the
purchaser to cover purchases made during the
period of time to which the bill is
applicable, the amount of excise public
service tax shall be ten (10) percent,
exclusive of governmental charges and taxes,
shown on any such bill.., due and payable on
account of such purchases., of such total
amount. prgyided however that fuel oil. _shall
(2)
be taxed &t a rate tot to ex' Qe_ed four cents
In the use and application set out it' this
section,
purchases of electricity, metered
gas, bottled gas, fuel oil, ted
and water service
shall be considered and treated as
constituting and being distinct and unrelated
classes of,purchases, and in the event that
more than one (1) such class shall be shown
upon the same bill , the amount Dz CA�i1 ,7G
public service tax payable under this article
shall be determined and computed for each
such class separately.
NOTE: BRACKETED MATERIAL IS FOR INFORMATION ONLY AND
IS NOT INCLUDED AS PART OF THE HEREIN
AMENDATORY ORDINANCE.
[Paragraphs (3), (4) and (5) of old Section 55-12 have
been renumbered as subsections (1), (2) and (3)
respectively of
new Section 55-141
[Old Sec. 55-13
is
renumbered as
new Sec. 55-15,
infra.]
Sec. 55-13.
Rate and
amount of exct-se
public service
tax on purchase
of telecommunications
service: levy of
tax
There is
hereby
levied and imposed
by the city
upon every
purchase
within the
municipality of
telecommunications
servie which
oridinates and
terminates in
this
state a gublic
service tax in the
amount o
the total
amounhred
for any telecommunicati�n5
service
and taxes
exclusive of
shown on any bill
g�yarnmr�ntal
r�nde��____�_ed by the
chard
s61
T
[Old Sec. 55-14 has
been renumbered
as new Sec. 55-161
-7-
10263
at++i cam 01tak
The seller is required and it shall be
his duty to render to each purchaser
bills covering all such purchases made,
and the amount of such e%e 'up- bliQ
service tax shall be entered and shown
by the seller as a separate item on each
such bill and shall become due and
payable to the city whenever such bill
becomes due and payable under the rules
and regulations of the seller. Each
such bill shall include purchases
applicable to but one (1) location, or
to but one (1) family or business where
more than one (1) family or business
uses separate metered services at one
(1) location in the city.
{ The purchaser is required and it shall
be his duty to pay such excise publ
service tax to the seller, as agent to
the city, at the time of the payment of
each such bill, and in the event that
the purchaser shall fail, neglect or
refuse to pay such excise public sery ce
tax to the seller when such bill becomes
due and payable, the seller is hereby
empoweredstas to the PxfPnt nerm�c��hiP by
ro ci atNtP or reui atorV a eney with
i�=isdiction, to discontinue forthwith
to make any further sales or to render
any further service to the purchaser
until the total amount, including such
exatsE x���ic sery ce tax, shown upon
such hill has been paid in full.. The
seller is hereby authorized and required
and it shall he his duty to co.lect such
Est public service tax From such
purchaser at the time of the payment of
each such bill and to remit the same to
the finance department in accordance
with the provisions of section 55-1-a 15;
provided that the seller shall have the
right and privilege of assuming and
paying such e%ce public service tax
ir
himself in Lieu of collecting the same
from the purchaser, and that whenever
the seller shall fail or neglect .tom
exert reasonable efforts to collect such
-- s public service tax from the
purchaser within one (1) year from the
date of the bill on which such tax was
or should have been imposed, the seller
shall be deemed to have assumed such
execs public service tax himself and
shall thereupon become liable for the
payment of the amount thereof to the
city to the same extent as if such
e public service tax had been
collected from the purchaser, without
further recourse to the purchaser
therefor.
() This section shall be applicable to all
bills for electricity, metered gas,
bottled gas, fuel oil, t-elupirone
telecommunications
cati ons
aOT_yjr,_e and water service, exCept—t that
MM
0263" ;
thall
for ros
11
1 of i d ,
(4 ) nor the purposes of UMV 1:1 satin the
seller of telecommunications services
the seller shall be allowed one (1)_
Percent of the amount of the tax
collected and due to the municipality in
The form of a deduction from the amount
collected for remittance The deduction
shall be allowed as compensation for
keeping of records and collection of tax
and remitting the same.
[Old Sec. 55-15 has been renumbered as new Sec. 55-171
-13. Sec 55-15, Remittance of tax to city
by seller.
Every seller is hereby required to execute and
file not later than the twentieth day of each month at
the office of the finance department a sworn statement,
on a form prescribed by such department, setting forth
the amount of such exois-e public service tax to which
the city became entitled under the provisions of this
article on account of bills paid by purchasers during
the preceding fiscal month, and contemporaneously with
the filing of such statement, shall pay the amount of
such excise public service tax to the finance
department to be deposited to the credit of the general
fund of the city for utilization for such legal
purposes as the city commission may from time to time
determine.
[Old Sec. 55-16 has been renumbered as new Sec. 55-18)
Ste--g Sep 55-16, Records to be kept.
Every seller is hereby required to establish and
maintain appropriate accounts and records showing in
IO 6. : '
■
such detail as the director of finance may prescribe
m
the amount of suoh e tst� bublio setyioe tax payable to
the city under the provisions of this article, and such
a000unts and records shall be open to inspection by the
director of finance or his duly authorized agent at all
reasonable times. Utoh 6(.days notice._ the city may
+� require the seller to matte all such records available
for audit in the State of Florida, and the seller shall
provide space and office facilities, including
personnel, reasonably necessary toT to enable the City
to perform such audit. Alternatively, the seller may
choose, at its sole option, to pay travel expenses,
meals and lodging and other reasonable expenses of the
auditor chosen by the city to make such inspection and
audit at the various offices within the United States
and Canada, wherever such records are located. The
director of finance is hereby authorized and empowered
to promulgate from time to time such rules and
regulations with respect to the establishment and
maintenance of such accounts and records
= reasonably necessary to carry into effect the purpose
and intent of the provisions of this article.
[Old Sec. 55-17 has been renumbered as new Sec. 55-191
55-15. Sec. 55-17. Reports of deliveries for
resale.
Every manufacturer, distributor, wholesaler or
seller who shall deliver electricity, metered gas,
bottled gas, fuel oil,
service, or water service to any seller or other person
having a place of business in the city, or licensed to
do business therein, to be sold or resold to ultimate
purchasers, shall report to the director of finance
semi-annually, a$ of June thirtieth and December
thirty-first, the names and addressed of such sellers
Or Other persons, and the quantities received by each
of them during the preceding sip (6) months, such
reports to be filed not later than one (1) month after
the close of each semiannual period.
Sec. 55-18, Recognition of expense in
regulation of rates.
All reasonable expense incurred by a seller
public services other than telecommunications services
and all reasonable expenses in excess of the
compensation to the seller of telecommunications
services set forth in subsection (4) of Section.55-14
incurred by a seller of telecommunications service in
making the collections and remittances and in
fulfilling the duties prescribed by this article is
hereby declared to be and to constitute an operating
expense and shall be accorded full recognition as such
in the establishment of rates and charges for rendering
electricity, metered gas, bottled gas, fuel oil,
telephone selftu'S' telegraph service,
telecommunications service or water service in the
city.
. Sec. 55-19. Violations of article.
It shall be unlawful and a violation of this
article for any purchaser to evade the payment of the
exctse public service tax provided for in this article,
or any part thereof, or to fail or neglect to pay such
exctse public service tax within the thirty (30) days
of ter the same has become due and payable; or f or any
seller to fail or refuse to pay to the city all amounts
of exatse public service tax payable to the city by the
seller, or to fail or refuse to file the monthly sworn
statement or to set forth any erroneous or false
Information therein with intent to defraud the city, or
to refuse to permit the director of finance or his duly
authorized agent to examine the accounts and reoords to
be Xept as required by section 55-10-
-12-
C9
sed, 85-20.
Iftefoptiolls,
and tkooptioha,
The
proVielit)118
Of this attiblO shall no aPP12--- t
(a) pUtoha8.0.8
bV any
:reoggtlized,
church It thiO.. State
for
use exolt8ive12
for church urot -es _ an as�eno
or
instrumeitalit
of the Tjn�jtgaStates the
8tate,
....the county
or the cites All exemptions
pursuant
to
this
paragrAp-h— (a) shah .-
spoojfjo&jj2
ap.proved
by the Finance director on a
tax
exemption-
certificate
which shall 1 be initiated
and
completed
by thepurchaser
and n'nOn
.
by
the finance
dire.otor,
shall be provided ..to I he
sellex
indi atinZ
authorization of the exemption
(b) purchases
of .
local
telephone services, or other
telecommunications services for use in the conduct
of a telecommunications service for hire or
otherwise for resale A11 exemptions mursun-1--
to
this paragraph specifically approved
by the finance director on a -tax --exemption
oertifica e which shall be initiated and completed
the �urcha�Pr and upon approval by the finance
providedshall be to the seller
-w-Two-WOM", Mll
W-r-3m
ma
selpa
a-d-i stlmeout-
cost
of util
t
rvices
—to
the
Ultimate
aQnaUM-eZ
(0), Any dhatsldll
It= t'21000mmilhi0atiOnO
80rV'Q`e a
defined
in
sub-baragtath
Varagl'aVh
Section_
65-11
except
for MOD11112 recurrins!
ou8tbmet
service
charges,
M A= bills
for the purchase
Qf.-sateen .-C16) ounces
or lesr,
of.bottled
has in,
a container,
(g) Any bills
for fuel Oil...sold
for use 3ninternal
oombuation
, enginesor
to a public Or private
utility,
either
for resale
or f Q.r use as fuel in
the generation
entrioit2."
Section 2. All ordinances or parts of ordinances in
conflict herewith, insofar as they are in conflict, 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. The provisions of this Ordinance shall become
effective July 1, 1987.
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
February t 1987.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 30th day of April —, 1987.
ATTEST:
NATTY HIRAI, dity CleA
PREPARED AND APPROVED BY:
/-,"XAVIER L. SUAR�EZ,— ayor
1, 11.1ttv Hirai, Clerk of the ci"r Of Mi:jnii, Florida
Pt;/AN.
rJ.0- tt; ne� JIL-rel)NI cerfik, that oil
JO Co
D ty Cit��Att ney 7W%'- of 01"
A. D. "ruo
APPROVED ,AS TO FORM AND CORRECTNESS:
let
for notict'.-1anti
the place pruvi,j-'t . r."jf:.jjjj seal
'11 of SaW
0
LUCIA A. DOUG913RTY city D, 19y
Vitt,
City Attorney
city ClIir'k
CItY 61P MIAMI, 1rL6§IbA
INtCA,6PPICE MtMOPANbUM
to Cesar A-10dio. city manager OAtt April 91, 1087' PILE
At Aurelio Pellet -Ltgonog SUaJECT
ordinance revisingPublic
Service tax Schedule
PROM A, --�6�ughe ty REFERENCES
bity Attorney ENCLOSURES
...... ....
The subject ordinance vas adopted on first reading, as
pre8eht6d, at the City Commission meeting Of February 26, 1987
(Item #12). Por clarity, certain Subsections have been
redesignated and now appear as paragraphs in the attached
orditanoe. No changes in the text have been made. Please
distribute this ordinance in the Agenda Packet for second and
final reading on April 80, 1987.
LAD:RFCtbS8:P368
C 1tv O1= MiAW PL.6141bA
1NT1tA4:W=10E MrEMOAANbUM
Nleofathe Ci tblO brComdi ssi Membeours DATE February 11, 1587
y
SUBJECT Revision to Utility Service
'tax -Tel ecoMr'»unications
PROM REPtRENCES
Cesar H. Odio
City Manager
ENCLOSURES. )
RECOMMENDATION:
I respectfully recommend that the City Commission adopt the
attached Ordinance, revising Chapter 55, Article 2 of the City
Code allowing the City to collect Public Service (Utility) Tax on
Telecommunications Services provided to customers within the City
limits.
BACKGROUND:
The Department of Management and Budget, in its on -going attempt
to raise additional revenues for the City, researched the Florida
Statutes (House Bill 1340) allowing for Municipalities to elect
to assess the Public Service Tax on an expanded base of
telecommunications services at a rate of seven percent instead of
the previous rate of ten percent on local telephone services.
Senate Bill 873, which was signed by the Governor on June 25,
1986, clarified many items in the original act and will
facilitate in assessing and collecting the tax on
telecommunications services.
The Department of Management and Budget in November 1986,
began to analyze the feasibility and the economic benefit of
changing the method of assessing the Public Service Tax. Our
analysis, indicates that we would receive additional revenue on
the expanded base at seven percent at an estimated annual
a= increase of $1,000,000 in revenues for the City of Miami.
The Law Department has prepared the attached changes to the
present Ordinance and has determined that it is necessary to give
one hundred and twenty (120) days notice to the providers of such
telecommunications services prior to the effective date of the
tax. Therefore, should this Ordinance pass at first reading on
the scheduled date of February 26, 1987, our notice of intent
shall trcen be mailed to all providers of telecommunications
services, with the effective date of the tax levied being July
1, 1987.
15-1
0 :
Th
is change in the tax on telecommunications services, as
d herein of
shout d produce an estimated
nestimtedeaannual
indicate in offsetting
$10000t000 which will help
loss of some $10200tw i n Franchise and Utility 5ervi ceTax
revenue as a result of AT&T Divestiture.
Attachment
1026
MIAMI REVIEW
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ;appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami 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
CT`I7 OF MIA_%1I
ORD. NO. 10263
in the XXX Courc
was published in said newspaper in the issues at
May 11, 1987
Affrant further Says that the said Sl;ami Review rs .1
newspaper published at Miami m said Dade County- Flonca.
and that the said newspaper has heretofore been continuously
published m said Dade County, Florida, each day ,e=cept
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 neat preceding
the first publication of the attached copy of advertisement; and
,than) I rther says that she has neither paid nor promised any
Pets.
, f m or corporation any discount. rebate, commission
dr r un for the purpose of securing this advertisement for
pub) a on :n the d newspaper
r }
., Sworn to .a abed before me this
a May` ty 87
I J Ferbe
Notary ublic. Slate of Flon a at Large
ISEAL)
My CcivArnission expires ✓uiy 9. 1990
r, 8 I i -1
CITY OP MIAMI
b11t11 dOUNTY, FLC Aft
LCOAL fNOtIt
All Interested persons will take notice that on the 30th day of April,
1987. the City Commission of Miami. Florida, adopted the following
;titled ordinances
ORDINANCE NO 10258
AN EMERGENCY ORDINANCE AUTHORIZING THE PUBLIC
OFFERING OF THE CITY OF MIAMI, FLORIDA, SPECIAL
REVENUE REFUNDING BONDS. SERIES 1987, TO FINANCE
THE REFUNDING OF ALL OF THE CITY'S OUTSTANDING
CONVENTION CENTER AND PARKING GARAGE REVENUE
BONDS DATED JULY 1, 1980; APPROVING THE NEGOTI-
ATED SALE OF THE REFUNDING BONDS AUTHORIZED
HEREIN IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $70,000 TO THE UNDERWRITERS AT AN EFFEC•
TIVE INTEREST RATE NOT TO EXCEED EIGHT AND ONE.
HALF PERCENT (13%) IN ONE OR MORE MATURITIES, NONE
OF WHICH SHALL EXCEED THIRTY (30) YEARS; FINDING
THAT A NEGOTIATED SALE OF SAID REFUNDING BONDS I
IS IN THE BEST INTEREST OF THE CITY; APPROVING THE
FORM, EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT TO EFFECT THE NEGOTIATED SALE OF SAID
REFUNDING BONDS; APPROVING THE FORM, EXECUTION
AND DELIVERY OF A TRUST INDENTURE SECURING THE
REFUNDING BONDS AUTHORIZED HEREIN; APPROVING
THE FORM, EXECUTION AND DELIVERY OF AN ESCROW
DEPOSIT AGREEMENT SECURING THE PAYMENT OF THE
PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND
INTEREST ON ALL OF THE CITY'S OUTSTANDING CON.
VENTION CENTER AND PARKING GARAGE REVENUE
BONDS DATED JULY 1, 1980; APPROVING THE FORM OF i
THE PRELIMINARY OFFICIAL STATEMENT AND THE FORM i
AND EXECUTION OF THE OFFICIAL STATEMENT, EACH TO
BE USED IN CONNECTION WITH THE OFFER AND SALE TO
THE PUBLIC OF THE REFUNDING BONDS AUTHORIZED 1
HEREIN; AUTHORIZING THE APPOINTMENT OF A TRUS-
TEE, AN ESCROW AGENT; AUTHORIZING APPROPRIATE
OFFICERS OF THE CITY TO TAKE SUCH INCIDENTAL
ACTION AS SHALL BE NECESSARY AND APPROPRIATE TO
ACCOMPLISH THE NEGOTIATED SALE OF THE REFUNDING
BONDS AUTHORIZED HEREIN, INCLUDING BUT NOT LIM-
ITED TO THE ESTABLISHMENT OF RESERVE FUNDS OR
THE PROCUREMENT OF CREDIT ENHANCEMENT TO
SECURE SAID REFUNDING BONDS; REPEALING INCONSIS-
TENT ORDINANCES; PROVIDING THAT THIS ORDINANCE
SHALL GO INTO EFFECT IMMEDIATELY UPON ITS ENACT-
MENT; AND DISPENSING WITH THE READING OF THIS
ORDINANCE ON TWO SEPARATE DAYS BY A FOUR -FIFTHS
VOTE OF THE COMMISSION.
ORDINANCE NO, 10259
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND
6 OF ORDINANCE NO. 10150, ADOPTED SEPTEMBER 25,
1986, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDI-
NANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1987. ARE HEREBY FURTHER AMENDED, BY INCREASING
THE APPROPRIATIONS IN THE ENTERPRISE FUND, PROP.
ERTY AND LEASE MANAGEMENT ENTERPRISE FUND IN
THE PROPOSED AMOUNT OF $9.700 FOR THE PURPOSE
OF PAYING APPRAISAL FEES, IN CONNECTION WITH THE
REDEVELOPMENT OF CITY OWNED PROPERTY LOCATED
AT 2640 SOUTH BAYSHORE DRIVE, REVENUE IN THE LIKE
AMOUNT BEING AVAILABLE FROM PROPERTY AND LEASE
MANAGEMENTS 1985.1,986 RETAINED EARNINGS
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO. 10260
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPE-
CIAL REVENUE FUND ENTITLED: SUMMER FOOD SERVICE
PROGRAM FOR CHILDREN 1987'; AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT
OF $194,704, CONSISTING OF A GRANT FROM THE UNITED
STATES DEPARTMENT OF AGRICULTURE; AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM
THE UNITED STATES DEPARTMENT OF AGRICULTURE AND
TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR
AGREEMENTS(S) FOR THE ACCEPTANCE OF THE GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
iTY CLAUSE,
ORDINANCE NO, 10261
AN EMERGENCY ORDINANCE AMENDING SECTIONS 4 AND
6 OF ORDINANCE NO 10150 ADOPTED SEPTEMBER 25, 1986.
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FIS-
CAL YEAR ENDING SEPTEMBER 30, 1987, BY INCREASING
THE APPROPRIATIONS IN THE INTERNAL SERVICE FUND
IN THE AMOUNTOF $95,062,iNCREASING REVENUES IN A
LIKE AMOUNT FROM THE PROCEEDS OF THE SALE OF
CERTIFICATE OF PARTICIPATION NOTES TO BE APPRO-
PRIATED IN THE HEAVY EQUIPMENT MAINTENANCE DIVI-
SION, TO FUND THE PURCHASE OF 3 HEAVY EQUIPMENT
VEHICLES (PADDY WAGONS); CONTAINING A REPEALER
PROVISION AND A SEVERABIL.ITY CLAUSE.
i
ORDINANCE NO. 10262
AN ORDINANCE AMENDING SECTION i OF ORDINANCE
NO. tO187, ADOPTED DECEMBER 11; 1986, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE AS
AMENDED; BY INCREASING THE APPROPRIATIONS FOR
TWO PROJECTS F-NTITLED "CURTIS PARK IMPROVE
MENTS", AND "VIRGINIA KEY PARK DEVELOPMENT , IN
THE AMOUNT OF $10,000 AND 166,800, RESPECTIVELY.
FROM FUNDS FROM VIRGINIA KEY LANDFILL SALES; FUR-
THER INCREASING THE APPROPRIATIONS FOR TWO
PROJECTS ENTITLED "KENNEDY PARK IMPROVEMENTS"
AND ''MIAMI RIVERWALK-PHASE 11" IN THE AMOUNTS OF
$3.000 AND $10,000, RESPECTIVELY, FROM 1972 PARKS
AND RECREATION GENERAL OBLIGATION BOND FUNDS:
CONTAINING A REPEALER PROVISION AND A SEVERABIL
ITY CLAUSE.
ORDINANCE NO. 10263
AN ORDINANCE AMENDING CHAPTER 55, ARTICLE It. OF
THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED,
PROVIDING NEW DEFINITIONS RELATING TO PUBLIC SERV.
ICE TAXES ON TELECOMMUNICATIONS SERVICES, LOW-
ERING THE RATE OF TAX ON TELECOMMUNICATIONS
SERVICES TO SEVEN PERCENT, TAXING ADDITIONAL TEL-
ECOMMUNICATIONS SERVICES; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE. AND PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE NO. 10264
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 10187, AS AMENDED, ADOPTED DECEM-
BER 11. 1986, THE CAPITAL IMPROVEMENT APPROPRIA-
TIONS ORDINANCE, BY INCREASING THE APPROPRIATION
TO THE CAPITAL IMPROVEMENT PROJECT ENTITLED
"MIAMARINA RENOVATION PROJECT", PROJECT NO_
413007, BY $320.000, RESULTING IN A TOTAL APPROPRIA-
TION OF $1,920,000; SAID FUNDS TO BE LOANED FROM
THE GENERAL FUND, SPECIAL PROGRAMS AND
ACCOUNTS, AND APPROPRIATED FROM MARINA REVE-
NUE BOND FUNDS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10265
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985).
FOR PROPERTY LOCATED AT APPROXIMATELY 4091
SOUTHWEST 2ND TERRACE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE
SUBJECT PROPERTY FROM MODERATE DENSITY RESIDEN-
TIAL USE TO RESIDENTIALIOFFICE USE: MAKING FIND-
INGS; CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE.
ORDINANCE NO. 10266
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI-
FICATION OF APPROXIMATELY 4091 SOUTHWEST 2ND
TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-2J4 GENERAL RESIDENTIAL
TO RO.114 RESIDENTIAL OFFICE BY MAKING FINDINGS;
AND BY MAKING ALLTHE NECESSARY CHANGES ON PAGE
NO, 32 OF SAID ZONING ATLAS MADE A PART OF ORDI,
NANCE NO. 9500 BY REFERENCE AND DESCRIPTION 1N
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO, 10267
AN ORDINANCE AMENDING ORDINANCE NO, 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 20 ENTITLED
"GENERAL AND SUPPLEMENTARY REGULATIONS", SUB,
SECTION 2003.6 ENTITLED "PERMANENT ACTIVE RECRE-
ATION FACILITIES AS ACCESSORY USES IN RESIDENTIAL
DISTRICTS SPECIAL PERMITS". BY DELETING THE TERM
SPECIAL EXCEPTION; SUBSECTION 2017.5 ENTITLED
"PARKING REQUIREMENTS FOR HOUSING FOR THE ELD-
ERLY, BY CLASS PERMIT; LIMITATIONS" BY DELETING
i THE TERM "EXCEPTION"; SUBSECTION 2026.5.2 ENTITLED
"LIMITATIONS ON ILLUMINATED OR FLASHING SIGNS;
FLASHING SIGNS PROHIBITED IN CERTAIN TRANSITIONAL
AREAS ADJACENT TO RESIDENTIAL DISTRICTS", BY MAK.
ING CORRECTIONS; 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
tthrough Friday, excluding holidays, between the hours of 8:00 A.M
!and 5:00 R.M.
Zt' MATTY HIRAf
CITY CLERK
;f CITY OF MIAMI, FLORtDA
`(44169)
(CITY SEAM
5111 t37Cf�11 r2M
MIAMI Rr::V',%,,
STATE OF FLORIDA
COLINTY:OF DADE
Before the undprsinned authority pertonatly appeared
Sookie Williams, who on oath Says that she is the Vine
President of Legal Advertising of the Miami Review, a daily
fexcept Saturday, Sunday rind Legal Holidays) newspaper
published at Miami in Dade County Flonda, that the ottacheri
copy of advertisement. being a Lc,gai Adveilispowant of Notirn
In the matter of
CITY OF 'MIA1111.
DADE COUNTY, 1F1.
NOTTCE or 1'ROF'O ED ORDTNANCE:
ORD, NO.
C �' ZhI)V)(VG( ACIT� tti�'*1 , [ CT,L" .C.T OF
in e XXX Court.
was published in said newspaper in the issues of
April. 20, 1987
Athant further says that the said Miami Review is a
newspaper published at Miami in said Dade County. Floridaand that the said newspaper has heretofore been continuously
published in said Dade County. Florida. each day le■cept
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. lot a period o1 one year next preceding
the ublication of the attached copy of adveftisenrenP. and
atli nt I rther says that she has neither paid nor promised any
pe on, Irm or corporation any discount, rebate, commission
or ref d for the purpose of securing this advertisement for
pu licktion in the mid newspaper.
Sworn 10 and subscribed before me this
20thday.of April AD ie 87
Cheryl H Mariner
Notary Public. State of Florida at Large
(SEAL)
My Commission expires April 12, 1988.
MR 136
Affiant further says that the said Miami Review is a
+wspaper published at Miami in said Dade County, Florida.
d that the said newspaper has heretofore been continuously
blished in said Dade County, Florida, each day (except
"urday, Sunday and Legal Holidays) and has been entered as
and class mail matter at the post office in Miami in said
e County, Florida, for a period of one year next preceding
first publication of the attached copy of advertisement; and
nt further says that she has net 'd nor promised any
gin, firm or corporation any counl. ebate. commission
,fund for the purpose of ring I s adver sement for
,a n in th aid news
Sworn to and subscribed before me this
day of March A.D.19 87
IChery mer
Notary Public, State of Florida at Large
ission expitets,,April 12, 108.
ye;. ,
IIIAIDCITY UNTV MIAMI
NOTICE OF PROPOSED ORDINANCE
Notice is hereby given that the City Commission of the City of
Miami, Florida, will consider the following ordihance(s) on second
and final "reading on April 30, 1987, commencing at 9:00 A.M. in the
City COMMISslon Chambers, 3500 Pan American Drive, Miaml, Florida:
ORDINANCE NO. 10 ,L% 3AN ORDINANCE AMENb1NG CHAPTER55, ARTICLE If.
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, PROVIDING NEW DEFINITIONS RELATING TO
PUBLIC SERVICE TAXES ON TELECOMMUNICATIONS SERV.
ICES, LOWERING THE RATE OF TAX ON TELECOMMUNI-
CATIONS SERVICES TO SEVEN PERCENT, TAXING ADDI.
TIONAL TELECOMMUNICATIONS SERVICES; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
Said proposed ordinance(s) 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
18:00 A M. and 5:00 P.M:
All interested persons may appear at the meeting and be heard
with respect to the proposed ordinance(s).
Should any person desire to appeal any decision of the City Com-
mission with respect to any matter to be considered at this meeting,
trial person shall ensure that a verbatim record of the proceedings is
made including all testimony and evidence upon which any appeal
may be based
r MATTY HIRAI
x CITY CL ERK
(#4901) ��— CITY OF MIAMI, FLORIDA
4120
87-042095M
�r vvrrrrtrrvrlVCt-q""'fiEPEjj['Ej{—" -, -
"i" PROViS1ZsN` A SEVERABILITY CLAUSE. AND PROVIDING
FOR AN EFFECTIVE DATE
Said proposed ordinance 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,
All interested persons may appear at the meeting and be heard
with respect to the proposed ordinance.
Should any person desire to appeal any decision of the City Com-
mission with respect to any matter to be considered at this meeting,,
that person shall ensure that a verbatim record of the proceedings is i
made including all testimony and evidence upon which any appeal i
may be based.
MATTY HIRAI i
CITY CLERK
1#4150) 'U CITY OF MIAMI, FLORIDA
3120
M
87.032001 {
MIAMI 115VIFEW
Put,,ush�,,d D,10v e*cevt Saturd'U, Swld± i, W'd
Lecial Hofidav5
rt,ami, Oadp c1r)wIty. Fhjrid<1.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre; who on oath says that she is the
Supervisor 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
Notice of Proposed Ordinance
Ordinance No. 0102
Re: Amending Chapter 55, Article IT
of the City of Miami
in the XXX Court,
was published in said newspaper in the issues of
March 20, 1987
11lent further says that the said Miami Review is a
.per published at Miami in said bade County, Florida,
tat the said newspaper has heretofore been continuously
had in said Dade County, Florida, each day (except
lay, Sunday and Legal Holidays) and has been entered as
d class mail matter at the post office in Miami in said
County, Florida for a period of one year next preceding
st publication of the attached copy of advertisement; and
1 further says that she has net d nor promised any
n. firm or corporation any count, abate, commission
and lot the purpose of ring t s adv , 'sement for
07n in_Ih aid news
Sworn to and subscribed before me this
day of March A.D. 19 87
i;,&Cherylr.t�yll Ham. Me mer
Notary Public, State of Florida at Large
ission exp�ftBsyApeil
CITY OF MIAMI
DADE COUNTY, FLORIDA
NOTICE OF PROPOSED ORDINANCE j
Notice is hereby given that the City Commission of the Citv oil
Miami, Florida, will consider the following ordinance on.second and
final reading on Match 31, 1987, commencing at 9:00 A.M. In the City i
Commission Chambers, 3500 Pan American Drive, Miami, Florida:
ORDINANCE NO. f�'b'3
i
AN ORDINANCE AMENDING CHAPTER 55, ARTICLE 11, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, )
PROVIDING NEW DEFINITIONS RELATING TO PUBLIC SERV
ICE TAXES ON TELECOMMUNICATIONS SERVICES, LOW-
ERING THE RATE OF TAX ON TELECOMMUNICATIONS
SERVICES TO SEVEN PERCENT, TAXING ADDITIONAL TEL-
ECOMMUNICATIONS SERVICES, CONTAINING A REPEALER i
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
Said proposed ordinance 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. j
All interested persons may appear at the meeting and be heard
with respect to the proposed ordinance, i
Should any person desire to appeal any decision of the City Com-
mission with respect to any matter to be considered at this meeting; I
that person shall ensure that a verbatim record of the proceedings is
made Including all testimony and evidence upon which any appeal
may be based.
MATTY HIRAI
, CITY CLERK
s�ji CITY OF MIAMI, FLORIDA
(g4150)
87-032001 M