HomeMy WebLinkAboutO-10035ORDINANCE No,1 0 0 3 .J_ `_
AN ORDINANCE AMENDING CITY OF MIAMI CABLE
TELEVISION LICENSE ORDINANCE No, 9332 BY
PROVIDING FOR THE DELETION OF SECTIONS 402
AND 403 DEALING WITH THE ESTABLISHMENT OF THE
COMMUNITY ACCESS CORPORATION AND SUPPORT
THEREFOR, FURTHER PROVIDING FOR THE DELETION
OF SECTION 404(b) DEALING WITH THE SUBMISSION
AND APPROVAL OF A PLAN BY THE LICENSEE WITH
RESPECT TO THE DOLLAR COMMITMENT FOR SUPPORT
OF LOCAL ORIGINATION PROGRAMMING; FURTHER
AMENDING SECTION 901(a) OF SAID ORDINANCE BY
DELETING THE REQUIREMENT FOR FEE WAIVERS;
FURTHER AMENDING SECTION 901(b) BY PROVIDING
A NEW PROVISION FOR COMPENSATION TO THE
LICENSEE FOR THE TIME VALUE OF MONEY FOR
PREPAID LICENSE FEES; FURTHER AMENDING
SECTION 902(a) BY DELETING THE WORD "MINIMUM"
AS PERTAINS TO PREPAID QUARTERLY LICENSE
FEES; FURTHER AMENDING SECTION 1001 DEALING
WITH THE REDUCTION OF THE SECURITY FUND TO $1
MILLION AT THE BEGINNING OF THE SIXTH YEAR
AND SUBSTITUTING THEREFOR A NEW PROVISION
DEALING WITH REDUCTION OF THE SECURITY FUND
TO $1 MILLION UPON FULL COMPLETION OF
CONSTRUCTION OF THE CABLE SYSTEM AND DEALING
WITH COMPLIANCE WITH SPECIFICATIONS TO BE
CONFIRMED BY A SYSTEM PROOF -OF -PERFORMANCE
CONDUCTED BY AN INDEPENDENT ENGINEERING FIRM;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Cable Communications Policy Act of 1984
establishes a comprehensive statutory scheme for franchising
and regulation of cable television; and
WHEREAS, since the adoption
of City of Miami
Cable
Television
License Ordinance No. 9332, the City
has
undertaken
a comprehensive review
of said ordinance
in an
attempt to
identify provisions and
obligations therein
which
may best
be restructured in an
effort to maximize the
benefits to be derived by the citizens of Miami; and
WHEREAS, this ordinance is intended only to modify the
existing Cable Television Licence Ordinance No. 9332 and is
not to be considered a new license agreement; and
WHEREAS, Dade County presently maintains educational
and public access programming over cable to which affected
municipalities contribute to such programming; and
WHEREAS, Dade County has proposed that the City of
Miami pay 1% of its 5% license fee for public access
programming which necessitates restructuring the public
access provisions contained in Ordinance No. 9332; and
WHEREAS, the recently enacted federal cable Act
requires a cable regulatory entity to compensate a licensee
for the time value of money for license fees prepaid and due
consideration thereof having been given by the City to
compensate the licensee; and
WHEREAS, the construction of City of Miami's cable
television system is sear completion, thus allowing for a
recommendation for reduction of the 2 million dollar
security fund held by the City to l million dollars upon
full completion of construction of the system and meeting of
= technical specifications; and
71V
WHEREAS# the modifications to the dkittihq license
ordinance contained herein are the result of negotiations
and mutually agreeable terms between the City and its cable
licensee in an effort to Preclude costly litigation#,
NOW, THEREFORE, 88 IT OIIUAIN80 BY THE COMMISSION OF THE
CITY OF MIAMIj PLORIDAt
Section 1. City of Miami Cable Televisiph License
ordinance No. 9332 is hereby amended as follows!
Words and/cat" figures stricken through ah4ll be deleted,
UnclervcQred words and/or figureg shall be 4dded. The remain-
ing provisions are now in effect and remain unchanged.
AsterisXo indicate omitted and unchanged material,
W, 2-
10085
section 901. License fee.
(a) The licensee shall pay to the city an annual sum equal
to five (5) percent of the annual gross revenues of the
system from all services in the city, which sum shall be
paid quarterly as provided in section 902 of this ordinance,
except to the extent that such sum shall be reduced by
amounts paid under subsection (b) of this section.
higher- than three—( 3 ) peFeent . At such time as applicable
laws and regulations permit, the city commission, upon
recommendation of the city manager, may determine to impose
a higher license fee than five (5) percent, but in no event
greater than ten (10) percent of the licensee's annual gross
revenues.
(b) Notwithstanding the above payments required in
subsection (a) of this section, the licensee shall pay to
the city a minimum quarterly payment of two hundred twenty-
five thousand dollars ($225,000.00), to be paid as provided
in section 902(a) through the date of June 30, 1984.
The licensee shall be compensated for the time value of
money for license fees prepaid through June 30, 1984. The
sum of the license fees paid during the term of the license
may not exceed the amount, including the time value of
money, which would have lawfully been collected if such fees
had been paid per annum.
Section 902. Payment schedule.
(a) The licensee shall make the first quarterly
payment under section 901(b) of this ordinance and the
quarterly portion of the annual contribution under sections
405 and 406 of this ordinance on October 1, 1981.
Thereafter, the licensee shall make such payments and
contributions on the first day of each January, April, July
and October.
*****************************************************************
Section 1001. Security Fund
(a) Within ten (10) days after the effective date of this
ordinance, the licensee shall deposit with the department of
finance and maintain on deposit the sum of two million
dollars ($2,000,000,00). At the option of the city
commission, upon the recommendation of the city manager,
such sum may be reduced to one million dollars ($1,000,000.00)
-4-
1003510
U
l) Completion of aerial strand _and cable tystem, iop,luci"q
all down cues, bohdind. Whether broofina and other
re set for
-(2) gq%pl0tiq of all underground ties;
(3) Completion of Crossing to Venetian Isles;
(4) Completion and activation of institutional networx;
(5) Ma_x proofing_of subscriber system, including both
forward and reverse paths;
Maxi pjroofing_of institutional network, including both
forward and reverse paths.
Before a final determination of completion, the City shall
conduct its own final maxi proof using an independent, outside
consultant mutually agreeable to licensee and the City. The
System maxi proofs if done in segments shall be done
consecutively, one segment after the other without unreasonable
time delays between proofs of each segment.
The City shall then conduct its proof immediately following
the license's proofs. The Citv shall proof each segment not
The City may choose its own proof points and not necessarily
use the same termination points as used by the company. All maxi
proofs shall be conducted from the headend to the longest cascade
of each segment.
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.
Section 3. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
unconstitutional or void, the remaining provisions of this
ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 25thof July 41
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day
of September , 1985.
PREPARED AND APPROVED BY:
9 'A910,10-d
DEPUTY OITY AWTORNFY
W 5 W
Maurice A. Ferre
MAURICE A. FERRE, Mayor
Ifti uvuu
CITY ATTORNFY
f
�crk of tile citv ofFlona,
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hereby co-O y 111,1t cw the
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for nolic-s ""' pub ic-a.ions
tll,: pjLl:c providcd, 11jejefor. . 6:11 en I of
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City this anti
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INTIVI&OPPICIt MCM014ANOWA
. . . . . . . . . . .
t6 'The Honorable Mayor and Members oiktr July 25, 1089 PILL
of the City C-05MMir..&,idn
Cable Talevidiofti
AAendMdftt8 to
Ord. No, 9332
t0om Sergio Pe ei
City Man ger.
ENCLOSUPES ordinance
flit is recommended that the attached
Ordinance amending City of Miami Cable Tele-
vision License Ordinance No. 9332 by
providing for the deletion of sections 402
and 403 dealing with the establishment of the
Community Access Corporation and support
therefor: further providing for the deletion
of Section 404(b) dealing with the submission
and approval of a plan by the Licensee with
respect to the dollar commitment for support
of local origination programming; further
amending Section 901(a) of said Ordinance by
deleting the requirement for fee waivers;
further amending Section 901(b) by providing
a new provision for compensation to the
Licensee for the time value of money for
prepaid license fees; further amending
Section 902(a) by deleting the word "minimum"
as pertains to prepaid quarterly license
fees; further amending Section 1001 dealing
with the reduction of the Security Fund to $1
million at the beginning of the sixth year
and substituting therefor a new provision
dealing with reduction of the Security Fund
to $1 million upon full completion of
construction of the cable system and dealing
with compliance with specifications to be
confirmed by a system proof -of -performance
conducted by an independent engineering firm;
containing a repealer provision and
severability clause; providing for an
effective date, be adopted by the City
Commission."
0
100813;
Honorable Mayor and Members
of the City Commission
Page 2
8aakggUf d
t. Amendments re_: Miami Cable_ Access 4gr oratit�� (MCAC)
Under the present bade County cable TV ordinance, Miami
Cablevaion is required to pay the County a license fee of 3t
of annual gross revenues. The City of Miami cable license
ordinance requires a fee of 5$ of gross annual revenues. New
federal legislation, the Cable Communications Policy Act of 1584,
requires that the license fee not exceed a total of 5% of annual
giros revenues,
The City Manager and the County Manager have sought to resolve
this inconsistency with federal law in an equitable fashion.
Under the terms of the proposed agreement between the City and
the County, Miami Cablevision will pay the City 4% of annual
gross revenues, and pay the County 1%. The 1% fee to the County
will be used to support educational and public access programming
to benefit the residents of the City of Miami and to be seen
countywide.
The proposed agreement provides for the establishment of a non-
-.rofit corporation to oversee the use of the funds and to
facilitate and encourage community access programming. it is
understood that the City, the County, and the present MCAC Board
will develop the by-laws of the new corporation and that the
present members of the MCAC Board representing the Dade County
Public Schools, Miami -Dade Community College, Barry University,
St. Thomas University, Florida Memorial University, Florida
International University, and the University of Miami will become
the nucleus of the new access corporation which will then
function on a countywide basis.
The agreement, as outlined above, would fulfill City of Miami
commitments to educational and public access by restructuringthe
concept and broadening the scope of the MCAC, and by providing
funding in an alternative fashion to that originally contemplated
in the license ordinance. The facility used for educational and
public access programming would be the Dade County Public
Schools' Anna Brenner Meyers Telecommunications Center.
Therefore, Sec. 402, which establishes and sets the purpose of
the MCAC, and Sec. 403, which provides that the licensee commit
$2,000,000 for studios and equipment and $1,000,000 annual
operating expenses for the MCAC, are recommended to be deleted
since they would be redundant. Sec. 404 (b), which references
Sec. 403, is also recommended to be deleted.
.00
Hoftorabie Mayor and Members
of the city Coraiasi6ft
Page 3
11, Am6hdtn6hts re: License Pee
Sec. 901(b) of the Cable ordinance requires the licensee to pay
its license fee in minimum quarterly payments of $225,o00, it
further provides that such payments that are in excess of the
5$ license fee, based on annual gross revenues, shall be credited
against future license fee payments due to the city by the
licensee in excess of the minimum payment.
The federal cable act permits such prepayments of license fees,
provided that the sum of the fees paid during the term of the
license, including the time value of money, does not exceed what
the City would have lawfully collected if such fees had been paid
per annual.
Since the license ordinance already provides that the amount
prepaid in license fees be amortized, the only amendments made
necessary by the cable act are first, in Sec. 901(a), to delete
the reference to fee waivers which are no longer required;
second, in Sec. 901(b), to provide compensation to the licensee
for the time value of money.
The last payment of the minimum $225,000 was made by Miami
Cablevision on April 1, 1984, for the quarter ending June 30,
1954. No further payments have been made. Because the cable act
_-azuires interest, or "time value", on prepayments over the
amount equal to 5% of the actual gross revenues, and requires
that this interest be counted against the total 5%, obviously the
longer the City keeps the prepaid amounts the more money it
loses. The recommended amendment to Sec. 902(a) deleting the
word "minimum" in reference to the payment schedule is
advantageous to the City by allowing for the prepayments to be
made up at an earlier time.
III. Amendments re: Security fund
The cable system is nearing the end of construction with full
completion anticipated in the near future. Sec. 301 of the cable
ordinance requires the system to meet certain construction and
technical specifications.
To avoid controversy, the proof -of -performance tests to confirm
that the technical specifications are met would be done by an
independent engineering firm, mutually agreeable to City and
licensee, which is experienced in making such tests. These tests
by the City would be made without unreasonable time delay after
the licensee's proofs.
Honorable Mayor and Members
Ot the City Commission
Page 4
Upon full Completi'on and demonstration of tetlinicei performance
to ordinance specifications, there is no longer need f6r such a
high security, fund ee it currently required, Therefore, it is
recommended that the security find be reduced from $2, 000, 000
to $1,000,000 by amending Socg. 1001 of the cable license
ordinance,
Biigqt8Tto COMMENTS
AGENDA ITEM #23
CABLE TV ORDINANCE
The Cable Communications Act of 1984 became effective in becetber
of last year. Additionally, Metropolitan Dade County has enacted
a cable communications ordinance that has effect on the City of
Miami and the City has had three years experience with the
present cable ordinance. The cable company has requested that we
review certain elements of that ordinance. With those three
elements in play I requested staff to analyze the City's situ—
ation and make appropriate recommendations,
You have before you an ordinance that incorporates three
recommended changes. Those changes are:
(1) Metropolitan Dade County has enacted a Cable TV
ordinance. That ordinance has precedence over the City of
Miami ordinance and may require the City to relinquish a
portion of its license fee (5%) to the County. The County
is seeking to establish a uniform application of its license
throughout Dade County and specifically the City of Miami
has culminated its discussions with Dade County with an
understanding subject to Commission review that would
transfer 1% of the City's 5% license fee to the County.
Concurrently Metropolitan Dade County would assume the
function of education and public access programming that are
presently subject to handling by MCAC. That education and
public access programming function would more appropriately
be a County —wide function rather than limited to the City.
Miami Cablevision funding requirements for the education and
public access programming would be transferredto the
street rehabilitation program and wiring requirement that
would insure the system is constructed and maintained to
City standards and the Miami Cablevision would participate
in neighborhood rehabilitation programs. Presently we are
doing 10;-12 miles per year in the City, This issue recluired
clarification in the Cable TV ordinance.
,y
(2) The able Communications Act 084 Ptbvld`ea thAt
Prepayment of the cable license fee may be fequitibd.
However, those prepayments are subject to interest, The
cable company would be entitled to the time value of those
funds, therefore it is recommended that we no longer require
those prepayments. Payment deposits already made will
remain with the City and further license fee payments resume
when the payments received equal what would have been paid
had a uniform 5% license fee been in effect,
r
(3) Security fund: Presently Miami Cablevision has on
deposit with the City $2,000,000 to insure satisfactory
completion and operation of the system, and they are
entitled to a reimbursement of 50% of that deposit in "Year
Six" of the agreement providing the system is constructed
and operating as designed and required by the City. Miami
Cablevision has requested refund be accomplished by
completion of the system to the City's satisfaction, and we
concur in that request, given the interest of the public be
protected.
That outlines the
recommended that i
2
c �-
{ MiAmi Cable .Access Cnrptitaticm
5
September 10� 1955
The Honorable Maurice Verre
Mayor
City of Miami
3500 Pan American Drive
Miami, VL 33133
Dear Mayor Terre:
As executive Director of the Miami Cable Access Corporation
(MCAC), I am requesting that the proposed amendment(s) to the
cable television ordinance scheduled for a second reading
before the City Commission 12 September, be tabled and dropped
from the agenda.
Using my ten years experience providing local cable programming
services, I am of the opinion that the cable ordinance
amendment(s), as proposed by the City Manager and his
assistants, would be counterproductive to the best interests of
the citizens of Miami. More than that, I believe that the
unilaterally determined, retroactive elimination of sections of
the ordinance that effect this Corporation, is a contractual
violation with this Corporation and may be a violation of an
elected officer's duty and responsibility to the public trust.
In fact, any action on the part of public officials leading to
the approval of the proposed cable television amendment(s)
could -be construed by various cable companies as a substantive
change in the franchise. Such a change, even at this late date,
might provide a legal means by which the existing cable.
television franchise could be shut down and an entirely new,
franchise procedure would have to be begun.
The proposed cable television amendment(s) appear to present no
benefit to the general population. If anything, the benefit
goes to the cable company to the extent of at least five
million dollars - for services not rendered.
Since monies to support the contracted for public access
operation are the responsibility of the cable operator.and not
part of the City or any part of its tax base, it is difficult
to understand why the City refuses to release existing monies
to the Miami Cable Access Corporation, an independent
corporation, designed for the purpose of providing
communication at a grassroot's level, and of the City's own
creation.
(305) 321-5713 • 1391) NAV 7th Street • Nli.uni, Flcrricb 33125 10035
know you have concetn with the possibility of obscene and
indecent programming appearing over table public access
channels, All of us at MCAC share your concern, But l have been
trying to tweet with you (and the rest of the Comtnisaionera) for
over six months to discuss alternatives and solutions to these
aditittodly thorny problems and have been neatly sidestepped on
At least six occasions by each of the Commissioners~ 1n your
particular case, Mt. Ma;yot, after a meeting with your
associate, Nestor Tol.odo, he assured both me and the chairman
of the MCAC Board, that if you had any further concerns with
MCAC or access, I would be contacted. Since that day in
Pebruary, t have never heard another word from the Mayors
office,
For the past sixteen months, I have attempted to work with the
City of Miami. In every instance, when I attempted to provide
information or secure advice, I have been ignored or relegated
to associates who, I doubt, even advised their superiors of
what I was trying to accomplish in the pursuit of my job
duties, No more than one Meek before the proposed cable
amendment was delivered to you, I was in negotiation with Mr.
Eads trying to adjust our budget and revamp the requirements of
the MCAC to more efficiently reflect the needs and use of
public access services in the Miami community.
In the end, we were not consulted and MCAC was treated like it
didn't exist. (In fact, had I not been at the commission
meeting at 6:00 PM on July 26 we might never have known about
the proposed cable amendment(s).) Mr. Mayor we do exist. We
have a contract with the City that guarantees the Miami Cable
Access Corporation, at the minimum, one million dollars.
I request you review the City's legal position with MCAC, and
act in the best interest of the citizens of Miami. If you do,
I'm confident you will table the proposed cable television
amendment( s).
Once this cable amendment(s) matter is resolved, MCAC will then
use its four years of experience and its extremely capable
Board of Directors to work with all parties - city, county,
cable company, and citizens to develop an efficient, fair and
equitable method of providing access.
Sincerely,
Gary Smy&*ec7tor
Executiv
10035
t know you have concern with the possibility of obscene and
indecent programming appearing over cable public access
channels. All, of us at MCAC share your concetnt But I have been
trying to meet with you (and the test of the Commissioners) for
over six months to discuss alternatives and solutions to these
admittedly thorny problems and have been neatly sidestepped on
at least six occasions by each of the Commissioners, to your
particular case, Mr. Mayor, after a meeting with your
associate) Nestor 'Toledo, he assured both me and the chairman
of the MCAC hoard, that if you had any further concerns with
MCAC or access, I would be contacted. Since that day in
February, I have never heard another word from the Mayors
office.
For the past sixteen months, I have attempted to work with the
City of Miami. In every instance, when I attempted to provide
information or secure advice, I have been ignored or relegated
to associates who, I doubt, even advised their superiors of
what I was trying to accomplish in the pursuit of my job
duties. No more than one week before the proposed cable
amendment was delivered to you, I was in negotiation with Mr.
Eads trying to adjust our budget and revamp the requirements of
the MCAC to more efficiently reflect the needs and use of
public access services in the Miami community.
In the end, we were not consulted and MCAC was treated like it
didn't exist. (In fact, had I not been at the commission
meeting at 6:00 PM on July 26 we might never have known about
the proposed cable amendment(s).) Mr. Mayor we do exist. We
have a contract with the City that guarantees the Miami Cable
Access Corporation, at the minimum, one million dollars.
I request you review the City's legal position with MCAC, and
act in the best interest of the citizens of Miami. If you do,
I'm confident you will table the proposed cable television
amendment(s).
Once this cable amendment(s) matter is resolved, MCAC will then
use its four years of experience and its extremely capable
Board of Directors to work with all parties - city, county,
cable company, and citizens to develop an efficient, fair and
equitable method of providing access.
Sincerely,
Gary Smy h, P ,D.
Executive ector
10035 _.
Off i(v of the President
11011 S.W. lNth Street
N iinii, Florida "11176
(305) 347-21500
t , A�,..,: r1� �c�t trrxrtt
MIAMI-CLAD
September 10, 1985
The Honorable Maurice Ferre
Mayor
City of Miami
3500 Pan American Drive
Miami VL 33133
Dear Mayor Ferre:
I am requesting that the City of Miami Commission delay
any action to dismantle the Miami Cable Access Corporation
(MCAC) until there is sufficient time to adjudicate a host of
outstanding issues. Miami -Dade Community College has had
representation on the Board of Directors from the inception
of the Miami Cable Access Corporation and has committed sub-
stantial personnel resources on this effort for nearly four
years. We are disappointed that the City wishes to eliminate
public access television as originally conceived by the City
of Miami ordinance without any consultation with members of
the Board of Miami Cable Access Corporation.
By delaying action, I believe there will then be suffi-
cient time for all parties concerned --city officials, county
officials, members of the Miami Cable Access Corporation
Board, and the educational community in Dade County --to work
through many issues and concerns regarding public access
cable television in Dade County.
Thank you for your consideration.
eh
cc: Mr. Sergio Pereria
City Manager
Sincerely,
Robert H. McCabe
President
10035
Miami -Dade is an rqual ac (vssiequal opportunity ccnmmunity collc};e and does not dis(riminale on than hasis of handicap.
ftei Redor & DAVIS
mlwl1
"itim" M. duilh
(m) 911�29id
A. Quinn Jonesi 111` Esq.
Assistant City Attorney
159 Last Flagler Street
Miami, plorida
8
September 25, 1585
�J
r-
Re., Miatni Cable Access Corporation
bear Quinn!
City Manager Sergio Pereira wrote to Miami Cable
Access Corporation Executive Director Gary Smyth on September
17, 1985, regarding the City Commission's actions on September
12, 1985.
c
I would like to call to the City's attention to what
appears to me to be a misimpression on Mr. Pereira's part.
fHe states in the second paragraph that on September 12, 1985,
,,the City Commission adopted an amendment to the City of Miami
Cable Television License Ordinance No. 9332. As I believe
you are aware, the City Commission did not adopt an amendment
to the ordinance during that meeting, although it did vote to
adopt such an amendment if and only if either Metro -Dade County
or tiiami Cablevision were to indemnify the City against any
claims which the Miami Cable Access Corproation might have
against the City.
I do not regard the City Commission's vote as having
any legal effect at all. In my opinion, the vote merely delayed
any action on the proposed amendment until the indemnity agree-
ment could be obtained. If such an agreement were obtained,
then the City could take up the proposal to amend the ordinance
again.
I have reviewed the tape recording of the September 12
meeting several times. Mayor Ferre, the maker of the motion, and
the seconder of the Motion all make it explicitly clear that
they are not voting to amend Ordinance No. 9332 unless the
indemnity agreement is obtained.
Palm Beach Office
Miami office Steel Hector Davis Tallahassee Office
9
4000 Southeast, Financial Center Burns S Middleton 320 Samoa Bank Building
Miami, Florida 33131.2398 205 Worth Avenue 315 South Calhoun street
(305) 577.2800 Palm Beach, Florida 33480 Tallahassee, Florida 32=
Telait 51 •5758 (305)855.5311 lone 999.einA
Mtr�fltii, �i _
lhrifliB9 � Julifi
,/ F
A. Quinn jonest III
r
Assistant City Atto; �; o
169 Past plagler 5t
Miami, Florida
Re: Miami
bear Quinn:
�po3s
City Manager Sergio Pereira wrote to Miami Cable
Access Corporation Executive Director Gary Smyth on September
17, 1985, regarding the City Commission's actions on September
12, 1985.
I would like to call to the City's attention to what
appears to me to be a misimpression on Mr. Pereira's part.
He states in the second paragraph that on September 12, 1985,
the City Commission adopted an amendment to the City of Miami
,,Cable Television License Ordinance No. 9332. As I believe
you are aware, the City Commission did not adopt an amendment
to the ordinance during that meeting, although it did vote to
adopt such an amendment if and only if either Metro -Dade County
or Miami Cablevision were to indemnify the City against any
claims which the Miami Cable Access Corproation might have
against the City.
I do not regard the City Commission's vote as having
any legal effect at all. In my opinion, the vote merely delayed
any action on the proposed amendment until the indemnity agree-
ment could be obtained. If such an agreement were obtained,
then the City could take up the proposal to amend the ordinance
again.
I have reviewed the tape recording of the September 12
meeting several times. Mayor Ferre, the maker of the motion, and
the seconder of the motion all make it explicitly clear that
they are not voting to amend Ordinance No. 9332 unless the
indemnity agreement is obtained.
Miami office
4000 Southeast Financial Center
Miami, Florida 33131.2398
(305) 577.28W
Telex 51.5758
Palm Beach Office
Steel Hector Davis
Bums 3 Middleton
205 Worth Avenue
Palm Beach. Florida 33480
(305) 655,5311
Tallahassee Office
320 Bartlett Bank Building
315 South Calhoun Street
Tallahassee, Florida 32301
(904) 222.4194
ia.
Wed Hmor W§
00S
A. Quifth Johtgo 111t Esq.
September 25P 1985
Page Two
You informed me today that the City has not obtained
any indemnity against the Miami Cable Access Corporation's
claims. Theroforet I do not believe that the City Commission
may consider the proposal again unless it rescinds its earlier
vote.
Notwithstanding this state of affairs, the clerk of
the city has supplied the with city ordinance No. 10035 which
appears to be the amendment to ordinance No, 9352 which the
City Commission expressly voted not to adopt until the indemnity
agreement referred to above had been obtained. ordinance No.
10035 makes no reference to any contingency and appears on its
face to become effective 30 days from the date of its purported
passage*
My copy of Ordinance No. 10035 reflects that it was
signed by Mayor Ferre, attested to by the city clerk, prepared
and approved by you, and approved as to form and correctness
by Lucia A. Dougherty.
On behalf of the Miami Cable Access Corporation, I
request that you, Ms. Dougherty and the City Commission, take
immediate corrective action. Your assistance with this matter
will be appreciated.
Si e ly,
TRJ/maj
cc: Kenneth M. Myers, Esq.
MCAC Board of Directors
MIAMI ASVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authoritypersonally appeared
Octelma V. Ferbeyre, who on oath says that she Is the Supervisor,
Legal Advertising of the Miami Review and Daily Record, 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
Re: ORDINANCE NO. 10035
in the .... X . X . N ............................. Court,
was published in said newspaper in the issues of
Sept..23, 1985
Affiant further says that the said Miami Review and Daily
Record 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 affiant further says that she has neither
paid nor promised any person rporatlon any discount,
ro te, commission or refu r s p rpose of securing this
a e I'.C.m.nt for public n he sj(yw news r.
...!� . .......... ..........
�f>{ord,t cubed before me this
23rd. day ....... t i(?. o.te......
85
NOTAAY
�� 8 J. ro
9 PtlBLICic, t� Florida at Large
(SEAL)
My Commis oe c a June 9rlj.
�� F�ORIDAP,,
ia1`1MA1r 7>!>ltliri111i6A''
utis V NOfi
All Ihter@gtdd pArSt fl3 Will Mitt h6tlbR thAt 3H th8 i2th dfli bf
Septiirtlber, i§856 the City Cdffiffiib§fdM 6
1 Mferhl, FlaildAi jd6014d
the f6lidWing titied ofdrhtkhbb(§):
ORDINANCE NO. i6631
AN ORDINANCE AMENDING CHARTER U OF THrr OObE .
OF THE CITY OF MIAMI, FLOFIIbA, ENTITLEb "STREETS
AND SIDEWALKS" BY. AMENDING SECTION U-164 ENTI-
TLED "NONSTANDARD STREET WIDTHS", BY THE Abbl
TiON OR DELETION OF CERTAIN STREETS; ESTABLISH I26i,
AN EFFECTIVE MATE; AND CONTAINING A 140tALER PRO-
VISION AND A SEVERA8lLItY CLAUSE,
ORDINANCE NO.16032
AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE HIR
ING AGREEMENT" AND SETTING AS A CONDITION PAt&
EDENT TO THE EXECUTION OF CONTRACTS RESULTING
IN THE CREATION' OF NEW PERMANENT JOBS THE SUC
CE5SFUL NEGOTIATION OF A "FIRST SOURCEHIRINO,
AGREEMENT" BETWEEN THE PI IVATt INDUSTRY COUN•
OIL OF SOUTH PLORIbA1SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM, AUTHORIZED REI�%ESENTA; '_
TIVE OF THE CITY OF MIAMI, AND THE ORGANIZATION OR
INDIVIDUAL RECEIVING SAID CONTRACT, UNLESS SUCH,,
AN AGREEMENT IS FOUND TO BE INFEASIBLE BY THE
CITY MANAGER, AND SUCH FINDING IS APPROVED BY
THE CITY COMMISSION OF THE CITY OF MIAMI, WITH THE ,.
PRIMARY BENEFICIARIES OF THIS AGREEMENT BEING
THE_, PARTICIPANTS OF THE CITY OF MIAMI, TRAINING
AND EMPLOYMENT PROGRAMS AND OTHER RESIDENTS
OF THE CITY OF MIAMI; CONTAINING A REPI ALER.PRO�
VISION AND SEVERABILITY CLAUSE,
ORDINANCE NO,10033
AN ORDINANCE AMENDING SECTION 30.26, ENTITLED: "FEE
SCHEDULE", OF THE CODE OF THE CITY OF MIAMI, FLOR-
IDA, AS AMENDED, FOR THE PURPOSE OF GENERALLY
INCREASING THE FEES CHARGED FOR USE OF CITY DAY;:_, -
CARE FACILITIES:
ORDINANCE NO.10034
AN EMERGENCY ORDINANCE ESTABLISHING A.NEWSPE•
CIAL REVENUE' FUND ENTITLED:. "DEVELOPMENTAL DIS-
ABILITIES MODEL PROJECT", APPROPRIATING FUNDS FOR
ITS OPERATION IN THE,A-MOUNT OF $33,000 COMPOSED
OF. $30,000. FROM THE`, UNITED ;STATES: DEPARTMENT OF
HEALTH'AND HUMAN -SERVICES. -AND $3,000_FROM FIS•
CAL YEAR 19B4,'85 SPECIAL PROGRAMS AND ACCOUNTS; • r
MATCHING FUNDS'FOR,GRANTS; AND AUTHORIZING THE `
CITY:MANAGER:TO.ACCEPT'THE.S30,000GRANT:AWA,RD r
FROM THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES; CONTAINING.ASEVERA131UTYCLAUSE. ,:,r
ORDINANCE NO 10035
AN ORDINANCE AMENDING CITY OF. MIAMI CABLE TELE j14.
VISION LICENSE ORDINANCE No.,9332.BY, PROVIDING,FOR , .i
THE DELETION OF SECTIONS 402 AND:403 DEALING WITH
THE ESTABLISHMENT;OF,-THE':COMMUNITY.ACCESS•COR { ,y=-
PORATION AND SUPPORT.THEREFOAL FURTHER.PROVID
ING FOR T:HE'DELETION OF SECTIC 404(b) DEALING WITH' ,�-,
THE SUBMISSION, AND'APPROVAL OF _A PLAN. BY<RTHE�!
LICENSEE WITH RESPECT TO THE DOLLAR COMMITMENT
FURTHER
BY DELET
THER AM
PROVISIC
THETIME
cuoruco
YI-Ml�.;l.Mlnb-: Y}+,s,•.,++r..'fAl3u:-
CABLE -SYSTFM.'AND: D9AWI
5PEDIFICATION37OISEIy GO
OF-PERFORMANCE-CONDU
ENGINEERING FIfMNTAI
AND SEVGRABILITY..fLAU13�
DIVE DATE,
ORVNANC
3#
AN DAPtNAN09 ANEMIC
MR 111,1
i
dr ybuVnu cie;a MINI matter fit the po31 office in
Mlsnliufn Said Dede County, Florida, lot It period of one year
neitt "licilditio the first publication of the attached copy of
adVe 416fithint; and affiant further seyb that she has neither
Paid n6t 06thibed any per4oh nh ot.-r r- tatfoh any discount,
re to. domriliseioh of rafu 1 r IA D rpoei of set using thlb
a a Itathint for public h i hi ba ! heW8060er.
�` Aiolj�,tl n si;ribad before Me thill
23rd by
t'�tt'. g:o. t9... ..F35
NOTARY
:.J.
1 " ' tAiy biic� tthe Florida at Large
p
(SEAL) �,��++ U 13
My Commis o}ivdt s Juhi
MR 111.1
ORG1NANdt N6,166A
THE SUBMISSION ANb APPROVAL.0)F 'A FLAN ikY THE
LICENSEE WITH RESPECT TO THE b6LLAh CSMMITMENT
FOR SUPPORT OF LOCAL DRIGINAtION PAMAAMMiNO;
FURTHER AMENOING-SECTION 0611;i) OF SAIb 00INAMR
BY bELETING:tHt R€61.11A MENT FOR FEE WAIVtAS1 FUR
THER AMENNNO SECTION 901(b) BY PROVIDING A NEW
PROVISION FOR COMPENSATION TO THE LICENSEE:FOR,
THE TIME VALUE OF.MONEY FOR PAEPAID LICENSE FEES;
FURTHER AMENDING SECTION §02(a) BY DELETING THE
WORD "MINIMUM" ASPERTAINS TO PAEPAlb 01.10TERLY .
LICENSE FEES; FURTHER AMENDING "SECTION 10611 DEAL
ING WITH THE REbUCTION OF THE SECURITY FUND TO 0
MILLION AT THE BEGINNING OF THE SIXTH YEAR AND:
SUBSTITUTING THEREFOR A NEW:PAOVIS1ON bEALING',,;
WITH REDUCTION OF THE SECURITY FUND TO3i MILLION
UPON FULL COMPLETION OF CONSTRUCTION OF THE
CABLE SYSTEM AND DEALING WITH COMPLIANCE•WITH
SPECIFICATIONS TO BE CONFIRMED BY -A SYSTEM PROOF -..
OF -PERFORMANCE. CONDUCTED BY AN INDEPENDENT
ENGINEERING FIRM; CONTAINING A REPEALER PROVISION.
AND SEVE14ABILITY CLAUSE; PROVIDING FOR AN EFFEC<>-,
TIVE DATE.
ORDINANCE N0,10038
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
9939, ADOPTED DECEMBER 20,.1984,:THE CAPITAL.
IMPROVEMENT APPROPRIATIONS ORDINANCE, BY APPRO-
PRIATING AN AMOUNT OF $600,000 FROM 1980 HIGHWAY
GENERAL OBLIGATION BONDS TO ESTABLISH THE GRAND
PRIX RACE CIRCUIT PAVING PROJECT AS A CAPITAL PROJ
ECT; CONTAINING A, REPEALER PROVISION AND A SEVER-,,
ABILITY CLAUSE.
ORDINANCE NO, 10037
AN ORDINANCE AMENDING THE TEXT,rOF ORDINANCE
NO. 9500; THE ZONING ORDINANCE OF THE CITY; OF MIAMI, ,
FLORIDA, BY AMENDING SECTION 2026 ENTITLED "SIGNS, 1
SPECIFIC LIMITATIONS, AND REQUIREMENTWI;BYtiPLAC
INf3 RESTRICTIONS ON OUTDOOR ADVERTISING SIGNS
LOCATED WITHIN 600 FFFT OF I IIu1ITFn emcee ulr_u-
MIAMI R VISW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS:
Before the undersigned authority personally, appeared
Octsimb V. Ferbeyre, who on oath says that she is the Supervisor,
Legal Advertising of the Miami Review and Daily Record, 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
Re : ORDINANCE NO.
In the .......... X . X . X ....................... Court,
was published in said newspaper in the Issues of
AU9.30, 1985
Afflant further says that the said Miami Review and Daily
Record Is a newspaper published at Miami in said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published In sold 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 neither
paid nor promised any person, f �n or rporation any discount,
rob , coenmbsion erirafun E- so of securing this
ad semen., for publi }, swap r•
mfo and aubsc b fora me this
_..�
v ru 85
30t�dayof,. Pfd'lEi. C9 .19.......
at Large
(SEAL)
My Commission expires June 1, 1987.
6A01106OWTV PLT1110A
NOTICE OP 011160168116 010INA11162
Notice Is hereby gfVeh that the City Corrine §loci of the Ot�tyy of
Mtarhi, Florida, on Soptorffber 19, 1985, Corhtftefielhg dt 9;00 A. In
the City CofhMlb§ioh Charnbet, City Hall, 8500 Pith Ath6ndah Cyr.;
Miami, Florida, Will consider the 16110Wing Ordinahce(el dfi final feed ,
Ing and the adoption thereof: i
ORDINANCE NO.
AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE
HIRING AGREEMENT" AND SETTING At, A CONbl
TION PRECEDENT TO THE EXECUTION OF CONtRACTB
RESULTING IN THE CREATION OF NEW IERMANENt," ,
JOBS, THE SUCCESSFUL NEGOTIATION OF A "FIRST
SOURCE HIRING AGREEMENT" BETWEEN THE PAI,
VATE INDUSTRY COUNCIL OF SOUTH FLOMDAISOUTIH .,
FLORIDA EMPLOYMENT AND TRAINING CONSORTI•
UM, AUTHORIZED REPRESENTATIVE OF THE CITY.;OF
MIAMI, AND THE ORGANIZATION OR INDIVIDUAle
tOEIViNW SAID CONTRACT, UNLESS SUN AN
AGREEMENT IS FOUND TO BE INFEASfBL€'f8Y fiHE �
CITY MANAGER, ANb SUCH FINDING IS APPROVED
BY THE CITY COMMISSION OF IHE CITY OF MIAMI,
WITH THE PRIMARY BENEFICIARIES OF,THIS'AGREE-
MENT BEING THE PARTICIPANTS OF THE CITY'' OF
MIAMI, TRAINING AND EMPLOYMENT PROGRAMS AND .
OTHER RESIDENTS OF THE CITY OF MIAMI; „
CONTAINI CGLAUSE.PEALER PROVISION AND SEV
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 54 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"STREETS AND SIDEWALKS" BY AMENDING SECTION
54.104 ENTITLED "NONSTANDARD STREET WIDTHS",
BY THE ADDITION OR DELETION OF CERTAIN STREETS;
ESTABLISHING AN EFFECTIVE DATE; AND CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO.
AN ORDINANCE REGULATING THE PLACEMENT_OF..
NEWSRACKS IN PUBLIC RIGHTS -OF -WAY IN THE CITY
OF MIAMI AND IMPOSING SAFETY AND AESTHETIC,;,
RESTRICTIONS RELATED THERETO; PROVIDING A'
STATEMENT OF PURPOSE; PROVIDING :THAT SAID
ORDINANCE SHALL BECOME EFFECTIVE UPON ADOP..
TION,WITH THE PROVISIONS THEREOF BEING OPER
ATIVE UPON ALL SUCH EXISTING AND FUTURE
NEWSRACKS;,,ESTABLISHING DEFINITIONS;'``
ESTABLISHING STANDARDS FOR OPERATION,; PLACE-
MENT AND INSTALLATION OF NEWSRACKS;_PROVID
ING FOR REMOVAL OF NEWSRACKS;_ESTABLISHINd
PROCEDURES FOR HEARINGS ON VIOLATIONS; `
REQUIRING A'PERMIT AND PAYMENT;OF,A,.PERMIT
FEE; REQUIRING INSURANCE AND,INDEMNIFICATION;
PROVIDING FOR'SEVERABILITY;; INCLUSION IN THE .+
CODE OF T_HE CITY OF MIAMI, FLORIDA,` AND, UPON,
ADOPTION OF THIS ORDINANCE, INSTRUCTING THE.
CITY MANAGER. TO SEND A COPY OF THIS" - I
ORDI-,�,
NANCE"(O THE DISTRIBUTOR OF EACH NEWSOAPEIR.
MAGAZINE OR'OTHER ,NEWS PERIODICAL PLACED'"
IN NEWSRACKS WITHIN THE CITY.. - .
ORDINANCE NO.
I AN ORDINANCE, AMENDING CITY, OF MIAMI CABLE
TELEVISION, LICENSE ORDINANCE No: 9332 BY._PRO!. .
VIPING'FOR THE'DELETION OF.SECTIONS;49ZAND
403 DEALING WITH THE ESTABLISHMENT. OF THE
OF SEC1
AND API
RESPEC
PORT Of
HER AN
BY<DELE
FURT,
A NE
FW
PREPAIC
TION 90e
PERTf IN
FURTHF
THE REC
LION AT
SU@STIT
ING WIT
$1 MILLI(
TIQN OF
COMPLh
'ION 404(b) DEALING WITH THE SIISMJSSIOIN
'ROVALOF A PLAN BY THE LICENSEE WITH
T TO THE'DOLLAR COMMITMENT FOR SUP
-' LOCAL ORIGINATION PROGRAIVIM(IG, FUR
(ENDING SECTION 901(a) OF SAIDbRDINf►NCE :
TING THE.IiEQUIREMENT FOR FEE' WAIVERS,
R AMENDING SECTION 901(b) BY PROVIDING
PROVISION. FOR COMPE.NSATIONffO> HE+ ;
E;FAR THF,TJMF: LUE;OF,_MONEY.,F.O
LICENSE FEES; FURTHER, AMENDING SEOr...
(a) BY DELETING THE'WORD''MINIMUM",A4
$ TO P,REPAIP. QUARTERLY LICENSE .FEES,
9 AMENDINGSECTION 1001 PEALING WITH
UCTIQN OF I HE SECURITY FUND TO.$1_MIL ,
THE BEGINNING OF THE SIXTH YEAR AND
141TING<THER9FOR A NEW PROVISION DEAL-
4 RE DIJOT190 OF.THE SECURITY -FUND TO :.
?N .UPON 'FULL COMPLETION OF CCNSTRUC
THE CAS,�E. SYSTEM AND PEALING WITH .
%NOE WITH SPECIFIOATJ(�NS-TO_Be QON
BY A SYSTEM PROOIF OF•PERFQR.MANQF, ".
TED BY AN INDEPENRENT�,.,FNGINEERING i
3NTAININO A REPEALER'.PROVISION AND
PLITY fiIR469; PROVIPINO FOR AN EFFEC
PFIRI.NA,NGE NQ,.
4ANQE AMENPINQ :15ECTION-WA ENTITLED I
MR 144.1 0„
OF 1
• , 6�If� AfVPR
1 ffIov Itf tf
pjid ndir protnibild - any P4
sail
1-17
day of
M. 1W" Or rporatidrl any discoUnt.
go of socunrig this
Awto sr.
1� 1[b and 5118C ad b forb Me this
85
FlbridA at Large
(SPAL)
My Commission OX01reb June 1, 1987.
r t_Q"iUKj ANUi UPON
ADOPtION OF THIS ORDINANCE, INSTRUCTING THE
CITY MANAGO to SEND A COPY OF THIS DAM-
NANCE TO THE DISTRIBUTOR OF EACH NEMOAPIzA,
MAGAZINE OR 6tH#-A NEWS PERIODICAL PLACED
IN NEWSAACKS WITHIN THE CITY.
ORDINANCE No. __
AN 0R15111NANtt AMENDING CITY OF MIAMI CABLE
TELEVISION LICENSE ORDINANCE No. 9332 BY PAO-
VIbINO FOR THE DELETION OF: SECTIONS 409 AND
403 DEALING WITH THE ESTABLISHMENT OF THE
OF SECTION 404(b) DEALING WITH THE SUBMISSION
AND APPROVAL OP'A PLAN BY THE LICENSEE WITH,
Rtgk&TO THE DOLLAR COMMITMENT FOP SUP
PORT OF LOCAL ORIGINATION PROGRAMMI(&r PUA"
THEN AMENDING SECTION 00i(a) OF SAIL). bNrbjN'XN0t r
DELETING THE AP_0UIREMtNTPOF1 hE WAIVtA8;,`.;"
FURTHER AMENDING ttCTIONW(b) BY PROVIDING,
A NEW PROVISION FOR COMPENSATIONAO• tH15
LICtINSitt. FOR THE, TIME, VALUE 0F,,MONEY _..FOA
PAE0AIO LICENSE P512S; FURTHER AMENDING SEC,:,
TION 902(a) BY btlITING THE WORE) kVINIMUM"AS
PERTAINS TO, PREPAID OUARTERLYLICENSE FEES;
FuNtHto AIMENDINdSECTION 1001 DEALING WITH
THE RtOUCTION'pr THE SECURITY FUND TO, $tMIL
-i,--
LION At THE BEGINNING OF: THE SIXTH,YEAR AND !,
SUBSTITUTING THEREFOR A NEW PROVISION DEAL —
INIOWITH k80UCTlO,N:OF,THE SECURITY. -FUND -TO
$1 i MILLION UPON'FULL COMPLETION OF CONSTRILIC.,:,
-TION OF THE CABLE SYSTEM AND.,DEALING WITH.
COMPLIANCE WITH -SPECIFICATIONS -,TO BE..CON
FIRMED BY A SYSTEM PROOF-oF.PENFORMANCE
CONDUCTED BY, AN ;INDEPENDENTw,F-NGINEF-RING-.t,.:
FIRM; . CONTAI N ING: A� REPFIALER-PROVISION � AND
stvERAMLITY CLAUSE; PROVIDING FORAN EFFEC
�TIVE bATE.._
-ORDINANCE NO.
AN.ORDINAkE AMENDING SECTION 30-26,ENTITLED:
"FEE SCHEDULE!, OF,
THE tCODE.OF`THE. CITY,
-MIAMI, FLORIDA, AS, AMENDED, FOR THE�PLIRPOSE
OF GENERALLY. INCREASING 11HE, FEES-,, CHARGED
FOR USE OFbITY'DAY -CARE FACII_(f*IES
j Said proposed ordinance(s) may be Inspected by the public at the
I office of the City Clerk, 3500 Pan American Drive, Miami., Florida,
Monday through Friday, excluding holidays, during the hours of 8:00
A.M. to 5:00 P.M.
Ali interested parties may appear at the Meeting and be,heard with
respect to the proposed ordInance(s).
Should any person desire to appeal a,ny.cie�ci;aion,6f..the City -Qom-
mission with r.espect,bo any, matter to be considered at,thli4n4tjng,:'
that person shall ensure that a verbatim record of the , proceed ngs a
proceedings I
made Including all testimony and evidence upon which any�Oppeal
maybe based.
-RALPH G. ONGIE ' CITY CLERK
MI, FLO016'A;
CITY OF MIA
(#1440)
Or
813