HomeMy WebLinkAboutSubmittal-Thomas R. Julin-Letter and Information Packetol
G l_..! N ST E R
FLORIDA'S LAW FIRM FOR BUSINESS
December 10, 2019
Hand Delivery
Victoria Mendez, Esq.
Office of the City Attorney
444 S.V. 2nd Ave. Ste. 945
Miami, FL 33130-1910
vmendez@miamigov.com
Dear Ms. Mendez:
Submitted into the pub to
record fo • ite (st„ .
on City Clerk
THOMAS R. JUL1N
60013rickell Avenue —Suit 3500
Miami. FL 33131
1.305.376.6007
TJulin;u gunster.com
As you know, I represent First American Telecommunication Corp. ('`First American"), a
provider of public pay telephone services in the City of Miami since 1986. The City has allowed
First American to place advertising on its communications kiosks since 2000 pursuant to Article XI,
Section 54-421(2) of the City Code. In accordance with its permits. First American has regularly
paid the City required permit fees, along with a percentage of the payphone enclosure advertising
revenues and has not been cited for violating the City Code in any respect. First American l�a�
supplied the City with a CPA certification of the accuracy and completeness of these -
commission payments to the City, which payments have never been challenged for thr utacy,
and instead these advertising revenues have been accepted and deposited by the City account
for the use and benefit of the City and its citizens for almost two decades.
1 learned late last week that the City Commission has placed in the Future I ..:atior section
of its December 12, 2019, agenda, an amendment to the City of Miami Code spc-.,ored by the City
Administration which would amend Chapter 54 of the City Code to allow the placement of
advertisements or interactive displays on communications kiosks within the public right-of-way or on
city owned property, when such advertisements or displays are part of "a communication kiosk
program" procured in accordance with Chapter 18, Article III of the City Code.
I previously have been in touch with you regarding the technological upgrade of First
American's kiosks including the placement of advertisements on those kiosk enclosures. In the
attached letter, 1 explained that the Federal Telecommunications Act prohibits the City from
imposing barriers that limit First American's ability to provide its services; that state law implements
this federal mandate through section 337.408(7). Florida Statutes, and preempts municipal authority
other than that related to placement or maintenance of communications facilities in a reasonable and
non-discriminatory manner; and that the City's own code and authorizations currently allow First
American to upgrade its technologist and continue to place advertisements on its kiosks. My letter
Bnckell World Plaza, Suite 3500, 600 Brickell Avenue • Miami. FL 33131-3090 305-376-6000 Fax: 305-376-6010 I www.9unster.com
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Letter to the City Attorney
December 10, 2019
Page 2
Submitted into the pu1Ji
record fof ite (s) FL. 1
on \1,/ IL/ . City Clerk
also cautioned that awarding of an exclusive franchise to a single provider of communications kiosks
in City rights -of -way would violate federal and state law.
I. write now to ask you to dispel any notion that the City Commission may have that the
proposed amendment to Chapter 54 is necessary to allow First American to upgrade its kiosks or to
place advertising on its kiosks, and to caution that if the procurement process contemplated by the
proposed amendment directly or indirectly interferes with First American's upgrading of its kiosks or
placing advertising on its kiosk enclosures, the proposed amendment would violate federal and state
law. I also write to ask you to advise the City Commission that if the proposed procurement process
were to result in an award to one or more providers other than First American, and the City were to
contend that First American could not upgrade its kiosks or place advertising on them because First
American did not win an award through the procurement process, that action by the City not only
would be contrary to state and federal statutes, but also would violate the First and Fourteenth
Amendments of the U.S. Constitution and article i, section 4 of the Florida Constitution by
discriminating against some advertising on kiosks allowed in the City's rights -of -way, while
allowing advertising on other kiosks in the City's rights -of -way without a substantial government
interest that would justify such discrimination.
1 understand that the City Commission will not be taking any action or having discussion on
the proposed amendment at this time and that the public may submit comments on it by sending an
email to futureleaislationr`rr7miamigov.com. 1 further understand that once the public comment period
has closed, the comments will be considered with the legislation and an additional period for public
comments with be available after first reading. Please confirm that my understanding of this is
correct.
After countless meetings with City Staff over the last several years regarding technology
upgrades, First American was advised (in person and in writing) by staff that they would be notified
of any proposed legislation. Unfortunately, the City Staff failed in its promises. Due to the lack of
sufficient advance notice provided to my client regarding this proposed amendment, key regulatory
staff from First American will not be able to attend the meeting on the I2th. As such. I am hereby
formally requesting that this item he postponed until the next City Commission meeting. In addition,
please ensure that this letter and attached documents are made part of the record by the City Clerk for
any future legislation related to this item. I anticipate that. First American will submit further
comments in connection with this process, but I wanted to ask you to alert the City Commission now,
at the outset of its consideration of the proposal, that the proposal should not be seen as a means of
interfering with or discriminating against First American's service to favor other providers of
communications kiosks in the City's rights -of -way.
First American has been pleased to provide the City of Miami with public pay telephone
services for more than three decades and it looks forward to continuing providing these essential
safety net/public safety services through modern, upgraded facilities supported by advertising
revenues that can be shared with the City for many years to come. First American is not seeking any
new, exclusive or expanded authority, but is just seeking to upgrade its longstanding public telephone
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 3
r/ Submittedeinto the public
recoil��.ep() �L..�
on City Clerk
local laws. The submitted permit designs show the new kiosks are in full compliance with all
applicable City Code provisions and are ready for immediate implementation.
As our original letter explained, pay telephones with advertising on them are expressly
permitted by Article XI, Section 54-421(2) of the City Code, which provides that "the design of
all pay telephone enclosures, including signage, shall be subject to the approval of the
department of public works." Section 54-421 is a part of a comprehensive set of regulations
applicable to pay telephones that the City adopted in 2000 through Ordinance 11937.
Sections 54-411 through 54-439 create a unified application procedure by which pay
telephones, their enclosures, and their signage are submitted together for approval by the City.
The permitting process is essential for the City's compliance with federal and state statutory
provisions that authorize payphone service providers to install their facilities —with advertising
on them —in the City's rights -of -way.
Despite the fact that FATC's permits have been approved with advertising as clearly part
of the package, and the fact that the City has been accepting advertising and permit fees for
almost two decades, some in the legal staff are contending that such repeated permit approvals
and acceptance of advertising specific fees somehow does not constitute approval or
authorization for such advertising.
This position completely ignores the policy that has been established by the City
repeatedly over the course of 18 years and the fact that advertising on the FATC pay telephone
enclosures pre -date the pilot program that City staff continuous to erroneously misinterpret. I
note that the approval was provided both before and after the passage of Section 337.408(7),
Florida Statutes, which, in relevant part, requires the City to allow advertising on public pay
telephones when the stated conditions met: "A public pay telephone, including advertising
displayed thereon, may be installed within the right-of-way limits of any municipal ... road,
except on a limited access highway, if the pay telephone is installed by a provider duly
authorized and regulated by the Public Service Commission ... , if the pay telephone is operated
in accordance with all applicable state and federal telecommunications regulations, and if written
authorization has been given to a public pay telephone provider by the appropriate municipal or
county government." (Emphasis added). In other words, once the City authorizes installation of
public pay telephones, as it is required to do and has done, to comply with the federal law, it also
must approve advertising on those public pay telephones to not run afoul of state law.
Section 337.408(7), Florida Statutes, further provides: "Each advertisement must be
limited to a size no greater than 8 square feet, and a public pay telephone booth may not display
more than three advertisements at any given time. An advertisement is not allowed on public pay
telephones located in rest areas, welcome centers, or other such facilities located on an interstate
highway." FATC's past advertisements on its pay telephone and its proposed future
advertisements on its pay telephones fully comply with these requirements. To date, the City has
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 4
Submitted into the public
record for itemy(s) IL , Z
on City Clerk
acknowledged its obligation to approve the advertising component of FATC's pay telephone
kiosk installations, in compliance with the City's obligation under section 337.408(7), Florida
Statutes, through its repeated processing and acceptance of FATC's permits and payments —
which have included both the pay telephone and advertising components as one as is explicitly
recognized as part and parcel of a pay telephone enclosure in state law.
To now suggest that the City's actions for almost two decades have been based on an
expired 1 year pilot program ignores the facts and the intervening law. Moreover, such an
interpretation ignores the clear policy established by the City for treating pay telephone
deployments, including enclosure advertising on public rights of way. Both before and long
after expiration of the pilot program, the City has continued authorizing FATC public pay
telephone installations with enclosure advertising as part of its consolidated permitting process.
Once the state of Florida adopted section 337.408(7), the City's continued permitting and
authorization for deployment of FATC public pay telephone enclosures with advertising has only
confirmed the City's policy and the clear legality of such deployments that are fully consistent
with state law.
The prohibitions in City Code Sections 54-8 and 54-9 would not apply to FATC due to
the express "authorization" that section 54-421(2) provides for signage. This is an authorization
which is "hereinafter provided" by its own code. Reading the City's Code differently, as
authorizing the City to prohibit advertising on public pay telephones, would bring the City Code
into conflict with state law.
I want to make clear that the City cannot interfere with the telecommunications services
that FATC provides through its pay telephones. The Federal Telecommunications Act of 1996
("FTA") expressly prohibits state and local governments from imposing barriers that limit the
ability of payphone companies to provide their services. In pertinent part, the FTA states: "No
State or local statute or regulation, or other State or local legal requirement, may prohibit or have
the effect of prohibiting the ability of any entity to provide any interstate or intrastate
telecommunications service." 47 U.S.C.§ 253(a).
Section 337.408(7), Florida Statutes, implements this federal mandate. The express
inclusion of public pay telephone enclosure advertising in this section of Florida law represents
an implicit acknowledgement of the important role that such advertising plays in supporting the
placement of public communications services in the State. Various Miami City Commissioners
have acknowledged this vital support relationship on the record during public consideration of
pay telephone issues. Moreover, there is no provision in Florida Statutes that supports or
provides authority for the City to bifurcate the placement of public pay telephone terminals and
the associated enclosure advertising. Instead, enclosure advertising has become an integral
component which helps subsidize the operational and maintenance costs of providing such
communication and emergency service access to no or nominal costs to local governments and
the pay telephone end user.
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 5
Submitted into the public
record for ite
on " •' ' ' ' ' `" City Clerk
Both federal and state laws preserve limited regulatory authority for local governments
over payphone providers, however, such authority is circumscribed. The FTA states that cities
and counties retain authority to "manage the public rights -of -way or to require fair and
reasonable compensation from telecommunications providers, on a competitively neutral and
nondiscriminatory basis, for use of public rights -of -way on a nondiscriminatory basis, if the
compensation required is publicly disclosed by such government." 47 U.S.C. §253(c) (emphasis
added). State law provides that cities can "prescribe and enforce reasonable rules or regulations
with reference to the placing and maintaining across, on, or within the right-of-way limits of any
road or publicly owned rail corridors under their respective jurisdictions any electric
transmission, voice, telegraph, data, or other communications services lines or wireless
facilities." Fla. Stat. § 337.401(1)(a). State law also expressly governs, as noted, the size and
number of advertisements allowed on pay telephone kiosks. Fla. Stat. § 337.408(7).
These federal and state laws work together to ensure that public pay telephones will
continue to be economically viable and compliant with local codes, even though payphone usage
has significantly decreased in the advent of wireless services. FATC's public pay telephones in
Miami continue to serve a vital public interest by ensuring that people who do not have or who
cannot afford cellular telephone service are still able to connect to the nation's phones system
and engage in essential access to communication and emergency services.
In Miami, pay telephones are particularly significant because many tourists from foreign
countries come here without cellular phones that can access our public communication facilities.
The pay telephones also provide an emergency lifeline for individuals who have lost, forgotten,
or failed to recharge their cellular phones. In hurricanes, when cellular towers are damaged, pay
telephones have proven to be particularly essential. When upgraded, the new pay telephone
kiosks will provide a safety net for communications in the City — utilizing both wireless and
underground hardwired - redundant connectivity. The next generation FATC pay telephone
kiosks will also offer significant emergency functionality, serving as key points for
dissemination of a wide variety of information about conditions in the City, emergency
evacuation routes, etc. while also giving the City a distinctly modern and user-friendly tool.
FATC has maintained public telephones on a high quality and fully lawful basis in the
City's rights -of -way on continuous basis ever since 1986 — spanning over three decades of
service to the City and its residents/visitors. In 2000, at the City's invitation, FATC submitted an
innovative and then new pay telephone kiosk design, including enclosure advertising, for
approval pursuant to Article XI. The City had informally solicited and subsequently approved
this new design. Since then, the City has issued permits for each of the FATC pay telephones,
including enclosure advertising installed in the City's rights -of -way, on a yearly basis for the
past 18 years. Section 54-414(c) of the City Code provides that these permits "shall continue in
full force and effect so long as the permittee is in compliance with this article, and all applicable
federal, state and local ordinances and regulations and the space occupied is not needed for a
public purpose." In other words, the permits cannot simply be revoked, and the City cannot
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 6
record?o}� ite,s
on /
Submitted into the public
City Clerk
simply change its long standing policy and treatment. Accordingly, FATC is entitled to have its
pending permits granted and to begin its upgrade program now.
The City has required FATC to provide the Department of Public Works with quarterly
inspection reports and certified revenue statements (specifically reporting enclosure advertising
revenues) and has had enjoyed the benefit of the advertising related permit fees paid by FATC
throughout this extended period. FATC has acceded to each and every one of the City's demands
in these regards by making all required filings and payments. In fact, FATC may be the only
company occupying the rights of way in the City of Miami that has been audited on numerous
occasions. The City has acknowledged and approved FATC'S enclosure advertising, both by (1)
accepting, inspecting and approving annual permits which included clear evidence of such
advertising; and (2) by reviewing, accepting and enjoying the benefits of related pay telephone
enclosure advertising quarterly fees for the past 18 years. As an additional public benefit, FATC
also has provided the City with access to numerous advertising panels for City public service
initiatives — free of charge — and intends to continue doing so on its upgraded facilities.
The current advertising revenue sharing program began on May 10, 2001, initially, under
a 1-year pilot program approved by City Resolution 01-449. The Resolution recognized that
"limited advertising may be necessary to offset the increased cost of the new standardized pay
telephone enclosures." Although that pilot program expired at the end of the designated 1 year
period, the City has continued to permit FATC's pay telephones yearly on an unabated basis for
almost two decades since, and has continued to collect fees and review supporting
documentation for enclosure advertising revenue based fees throughout this entire period.
Moreover, the initial 2001 "letter agreement exhibit" that documented the program requirements
made explicitly clear that FATC had already legally obtained pay telephone kiosk permits for
units that included advertising (signs/signage/advertising/kiosks) pursuant to Article XI (Sections
54-411 through 54-439) predating the program, thus establishing City approval/authorization
independent of a 1-year pilot program.
To date, the pertinent language of the City's pay telephone ordinance remains
unchanged. FATC has complied with all provisions of the ordinance and all of the City's
informal demands beyond the ordinance. There is no lawful basis to withhold approval of
FATC's pending permit applications seeking to upgrade its public pay telephone terminals
on City rights of ways.
In considering whether my client is being afforded fair and equal treatment in these
circumstances, it is worth noting that there are others who currently display digital/static
advertising within the City's rights -of -way similar to the type of advertising contemplated by
FATC's pending permits. To allow similar digital/static advertising on City rights -of -way, while
denying FATC the same opportunity is unfair and unlawful under well settled court precedent.
Moreover, the First and Fourteenth Amendments of the U.S. Constitution also restrict the City's
authority to regulate the content of advertising or to discriminate against particular providers of
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 7
Submitted into the publics ELL
record
for iten s I"
on City Clerk
advertising in the manner apparently contemplated. See Sorrell v. IMS Health Inc., 131 S.Ct.
2653 (2011) (invalidating state law that applied to particular providers of speech but not others).
The City is at liberty to consider amending Article XI of Chapter 54 to formalize its long
standing and process on a going forward basis, which has been in place for the past 18 years, and
FATC is amenable to assisting the City in that process. In this regard, FATC was requested to
and did submit to City staff a set of proposed amendments to the current City Code, which we
understand remains under review per City staff since August. In stark contrast, the recently
obtained public records responses have shown that the City has been working on a draft
amendments of its own, without disclosing this fact to FATC.
On September 20, 2018, FATC met with City staff to discuss FATC's proposed Code
revisions and the possibility of a "non-exclusive" Request for Proposal ("RFP") that was said to
be in early internal draft format only. Contrary to representations made at the meeting, other
public records revealed a "sense of urgency" to release an exclusive RFP in August or soon
thereafter. Disappointingly, despite numerous representations to the contrary, City Staffs draft
RFP and Ordinance documents did not contemplate continued competitive provision of public
pay telephone services and associated enclosure advertising on City rights of way. Instead, the
records responses evidence any intent to award an exclusive RFP in a manner that would
displace FAT entirely and permanently. Of even greater concern is the revelation that one or
both of these documents have been shared unilaterally with lobbyists of a competitive kiosk
provider.
It is our client's position that any RFP scheme aimed at or which has the effect of
establishing a single franchisee for public pay telephone service, including associated enclosure
advertising, on City rights of way would run afoul of both federal and state law. The Federal
Communications Commission has said that Section 253 "explicitly preempts state and local legal
requirements. " In the Matter of Classic Telephone, Inc., 11 FCCR 13082, 1996 FCC Lexis ¶50.
The heart of § 253 is subsection (a), which prohibits state and local governments
from passing laws or other regulations that "may prohibit or have the effect of
prohibiting the ability of any entity to provide any interstate or intrastate
telecommunications service." 47 U.S.C. § 253(a). It is beyond dispute that
subsection (a) imposes a substantive limitation on the authority of state and local
governments to regulate telecommunications.
BellSouth Telecomms., Inc. v. Town of Palm Beach, 252 F.3d 1169, 1186 (11th Cir. 2001). The
overall test of whether a local regulation violates section 253(a) is whether the regulation
"`materially inhibits or limits the ability of any competitor or potential competitor to compete in
a fair and balanced legal and regulatory environment.' TCG N.Y., Inc. v. City of White Plains,
305 F.3d 67, 76 (2d Cir. 2002) (quoting Cal. Payphone Ass 'n, 12 F.C.C.R. 14191 (1997)). It is
without question that by stripping away the inherent support afforded by pay telephone enclosure
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 9
Submitted into the public,
record to ite s)
on I2 City Clerk
"some" —far from unchecked —power to manage their rights of way and that "cities must not
raise barriers to entry that are discriminatory or not competitively neutral." Similarly, in NextG
Networks of NY, Inc. v. City of New York, 513 F.3d 49 (2d Cir. 2008), the Second Circuit said
that "the purpose of Section 253 is to impose some limitation on the ability of state and local
governments to regulate telecommunications but not to interfere with the right of such
governments to impose reasonable charges for the concomitant use of public property." Id. at 53.
Other federal appellate courts also have been clear that Section 253(c) does not, by authorizing
regulation to maintain order in rights -of -way, authorize cities to impose anti -competitive
restrictions. See P.R. Tel. Co. v. Municipality of Guayanilla, 450 F.3d 9, 19 (1st Cir. 2006); N.J.
Payphone Ass'n, 299 F.3d at 235; Qwest Corp. v. City of Santa Fe, 380 F.3d 1258. 1269-73
(loth Cir. 2004).
Section 364.01, Florida Statutes, grants to the Florida Public Service Commission
exclusive jurisdiction over the regulation of telecommunications companies within Florida and
this "clearly [includes] the power to regulate pay phones." BellSouth Telecomms., 252 F.3d at
1177. A limited exception to this exclusive jurisdiction is provided in section 337.401(3)(b),
Florida Statutes, which states:
Each municipality and county retains the authority to regulate and manage
municipal and county roads or rights -of -way in exercising its police power. Any
rules or regulations adopted by a municipality or county which govern the
occupation of its roads or rights -of -way by providers of communications
services must be related to the placement or maintenance of facilities in such
roads or rights -of -way, must be reasonable and non-discriminatory, and may
include only those matters necessary to manage the roads or rights -of -way of
the municipality or county.
(Emphasis added)
The Eleventh Circuit, interpreting this provision, has made clear that for "a regulation
over a telecommunications company's facilities in a municipal and county road or the public
rights -of -way to be valid, the regulation must be (1) related to the placement or maintenance of
facilities in municipal and county roads or the public rights -of -way; (2) reasonable and non-
discriminatory; and (3) necessary to the management of such roads and public rights -of -way."
Fla. Pub. Telecomms. Ass'n v. City of Miami Beach, 321 F.3d 1046 (l lth Cir. 2003). An RFP
scheme which aims to eliminate competition through the selection of a single franchisee, even if
only for one essential component of the overall service, would not meet any of these
requirements. Suppression of competition by denying FATC the opportunity to upgrading its
facilities, including digital advertising and other next generation services, does not relate to
placement or maintenance of such activities, is inherently discriminatory against FATC who is
willing to provide such services on the same terms as others, and is wholly unnecessary to
manage City roads and public rights -of -way.
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 8
Submitted into the pubjic
record fo ite (s) F L. i
on _ 7, . City Clerk
advertising, the City would effectuate a policy change that would materially inhibit and in fact
prohibit, the deployment of next generation pay telephone kiosks in Miami.
The FCC also has taken a narrow view of the types of regulation which Section 253(c)
excludes from Section 253(a). It has ruled that:
[T]ypes of activities that fall within the sphere of appropriate right-of-way
management ... include coordination of construction schedules, determination of
insurance, bonding and indemnity requirements, establishment and enforcement
of building codes, and keeping track of the various systems using the rights -of -
way to prevent interference between them.
TCI Cablevision, 9 Communications Rep. at ¶103. It is evident that the bifurcation of pay
telephone terminal deployment and associated pay telephone enclosure advertising, go well
beyond powers afforded to cities with respect to permitted rights of way management activities.
A local ordinance need not be total or insurmountable to violate section 253(a), TCG, 305 F.3d at
76. It is enough that local regulation "materially inhibits or limits the ability of any competitor or
potential competitor to compete in a fair and balanced legal and regulatory environment." Id.
The FCC's view on this issue, which must be given deference, has been consistent. See, e.g., In
the Matter of Classic Telephone, 11 FCCR 13082, 1996 FCC LEXIS 5414 (1996); Matter of the
State of Minnesota, 14 FCCR 21697, 1997 FCC LEXIS 6558 (1999) ¶113, 9 ("[T]he State's
action, effectively granting an exclusive license to developer, appears fundamentally inconsistent
with the primary goal of the Telecommunications Act of 1996, to replace exclusivity with
competition." Section 253 was "designed to ensure that state and/or local authorities cannot
frustrate the 1996 Act's explicit goal of opening all markets to competition"). Adhering to the
FCC's opinions, the Third Circuit held in New Jersey Payphone Association v. Town of West
New York, 299 F.3d 235, 242 (3d Cir. 2002), that:
There can be no question that designating a single company as authorized to
provide payphones in the public rights of way in a large geographical area which
currently is served by multiple companies, and which is capable of
accommodating [numerous] separate telephones, reduces competition and
constitutes a barrier to entry. The deliberate creation of scarcity by the Town in
this case is directly at odds with the letter and spirit of TCA.
Facilitating the upgrade of the existing facilities with technologically advanced kiosks
will spur further innovation and competition among Florida certificated pay telephone providers,
and should encourage greater participation by a multitude of providers in the Miami market as
the well -established telecommunications regulatory framework requires.
In City of Rome v. Verizon Communications, Inc., 362 F.3d 168, 181 (2d Cir. 2004), the
Second Circuit recognized that Congress only intended that Section 253(c) would give cities
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 10
Submitted into the public
record lgr1� r/(S) F
on / / f i, City Clerk
Moreover, such a regulation would violate FATC's fundamental right as a
telecommunications company under Florida law to occupy public rights of way throughout the
State, including in Miami, under reasonable and non-discriminatory terms. Instead, City staff s
draft RFP disclosed in response to the public records request, would require FATC to
discontinue public pay telephone service in Miami after nearly 30 years of providing a
continuous critical service to the community. Once again, it is most disappointing that certain
City staff members have chosen to misrepresent the actual direction being pursued by the City
and have chosen to selectively share the actual working documentation with only certain parties
of their choosing while denying the existence of such documents or activities when inquiries
have been made on FATC's behalf.
FATC is the only current Florida Public Service Commission certificated pay telephone
company permitted to occupy the City of Miami right of way. FATC is open to having additional
certificated pay telephone providers and FATC does not dispute that the City has the ability to
enter nonexclusive franchise agreements that complement the City's ordinances setting forth
reasonable regulations for use of its rights -of -way and the associated payment of fees for use of
those rights -of -way. See BellSouth Telecomms., Inc. v. City of Coral Springs, 42 F. Supp. 2d
1304, 1309 (S.D. Fla. 1999) (upholding nonexclusive franchise requirement). However, the
current RFP which would allow the award of a single exclusive franchise in Florida is in direct
violation of both federal and state law. Notwithstanding whether the city RFP scheme is in
conflict with established law, FATC has filed and is pending approval of Right of Way permits
for the next generation pay telephone kiosk which meet all applicable laws and codes. The City
has had the benefit of a full review of the structural, electrical and engineering designs consistent
with the scope of review afforded cities and must act on the complete permit application without
further delay and in accordance with current Florida law and City policy.
I will appreciate you advising technical staff to work with us cooperatively to complete
the processing of these permits no later than December 3, 2018. Please be advised that if FATC
is unable to receive its lawfully entitled approvals to upgrade existing public pay telephone units
in accordance with City law and policy by such date, we will be left with no other alternative but
to seek all available legal remedies to secure our well establish rights.
If you would like to discuss any of these issues, please call me. My direct line is 305-
376-6007.
Sincerely,
/s/ Thomas R. Julin
Attorney for First American Telecommunication
Corporation
Enclosures
Letter to Victoria Mendez, Esq.
October 29, 2018
Page 11
Submitted into the public
record fob- iten?(s) . FL 2
on ii.i ir.i iu City Clerk
cc: Estrellita S. Sibila, Esq.
Goran Dragoslavic, President, First American Telecommunications Corp.
Guy Strempack, Esq., First American Telecommunications Corp.
Bruce Wayne Renard, Esq., First American Telecommunications Corp.
Simon Ferro, Esq.
Amy Brigham Boulris, Esq.
G U N ST E R
FLORIDA'S LAW FIRM FOR BUSINESS
April 5, 2013
The Honorable Marc Sarnoff
Chairman, City of Miami Commission
3500 Pan American Drive
Miami, FL 33133
Submitted into the public
rccord for ite (s) f L. L
an 11[i(J 1Q . City Clerk
Writer's E-Mail: aboulris@gunster.com
Writer's Direct Dial: (305)376-6062
re: First American Telecommunication Corporation
Validity of Pay Phone Kiosk Permits
Dear Commissioner Sarnoff:
We represent First American Telecommunication Corporation ("FATC"),
and respectfully submit this letter on its behalf in response to your request that
FATC provide the basis of its position that its payphone kiosks within City rights
of way, and the advertising panels on them, are lawfully placed and legally
permitted. (We have obtained the permission of the City Attomey's office to
transmit this letter to you directly, and a copy is being transmitted to that office
concurrently with transmission to you.)
Payphones with advertising signage such as the ones maintained by
FATC are expressly permitted by City Code. In 2000, the City enacted
comprehensive regulations for pay telephones within City rights of way through
adoption of Ordinance 11937 (Tab 1), codified as Article XI of Chapter 54 of the
City Code. (Tab 2).' Article XI, Chapter 54 expressly authorizes a unified
application procedure by which pay telephones, enclosures, and signage may be
submitted together for approval by the department of public works. See §§ 54-
421(2), 54-414. The permitting process set forth in Article XI, Chapter 54
harmonizes with state statutory law that also expressly authorizes the placement
of public pay telephones with associated advertising within municipal rights of
way upon written authorization from a municipality (§ 337.408(7), Florida
Statutes at Tab 3).
FATC has legally maintained pay phones in City rights of way since '1986.
In year 2000, FATC submitted a public phone kiosk design, pursuant to Article
XI, Chapter 54, at the invitation of the City to propose a kiosk similar to that which
3 Article XI of Chapter 54 was amended in 2009 by Ordinance 13195 and in 2010 by Ordinance
13087 (copies included at Tab 1). FATC has complied with all applicable provisions of these
amendments, now also codified in Article XI, Chapter 54.
One Biscayne Tower 2 South Biscayne Boulevard, Suite 3400 Miami. FL 33131 p 305-376-6000 f 305-376-6010 GUN5TERCOM
Fort Lauderdale i Jacksonville I Miami I Palm Beach I Stuart I Tallahassee I Tampa I The Florida Keys I Vero Beach I West Palm Beach
The Honorable Marc Sarnoff
April 5, 2013
Page 2
Submitted into the public=
record f ite s) F ( $
on City Clerk
City staff had observed in other Cities across the United States. The City
approved that kiosk design in 2000 (see stamped drawings at Tab 4).
Continuously since their initial deployment, FATC has annually renewed permits
for these phone kiosks, pursuant to the application and renewal procedures of
Chapter 54.
FATC annually submits an application for each telephone kiosk with a
depiction of the kiosk and its advertising panels. Approvals / renewals are
typically indicated by issuance of a certified confirmation letter from the
department of public works, enclosing the permit stickers required by Chapter 54.
(See 2012 permit confirmation letter at Tab 5).
Chapter 54 provides that such permits shall continue in full force and
effect so long as the permittee is in compliance with Article Xl at §54-
413(c).FATC pay phones remain in compliance with Chapter 54 and there are no
grounds for revocation.
Not only does Chapter 54 require a unified permitting procedure for
phones, enclosures and signage, but the City's permitting of FATC's telephone
kiosks has expressly acknowledged the permitting of associated advertising
through the permitting condition that FATC remit a share of advertising revenues
to the City. (See for example, the 2012 permit confirmation letter which
acknowledges that the permitted telephone structures must be free of graffiti,
etc., except for advertising "where permitted" and specifically references the
"required revenue sharing contribution.") Accordingly, any assertion that
advertising was not approved by the department along with approval of the
telephone kiosks is not supported in the code or the permitting record.
Notably, the provisions of Chapter 54 relating to the permitting of pay
phone advertising kiosks within City rights of way predated and survived a one
year pilot program, conducted in 2001, in which FATC participated pursuant to
City Resolution 01-449 (Tab 6). Resolution 01-449 sought to increase
standardization of the appearance of pay phone advertising kiosks, and provided
that, at the conclusion of the pilot program, the City "may consider" any resulting
recommendations for possible amendment to Chapter 54. While FATC
completely fulfilled its commitments under the pilot program (including an
agreement not to advertise tobacco or liquor during the period of the pilot
program), the City elected not to amend Chapter 54 based on the outcome of the
pilot program. Accordingly, FATC has continued to operate under the generally
applicable provisions of Chapter 54 which do not include any prohibition on
tobacco or liquor advertising. FATC's participation in that pilot program did not
limit or alter its rights to be an applicant and to receive permit renewals under
Chapter 54 after the pilot program ended.
Gunster, Yoakiey & Stewart, P.A.
ATTORNEYS AT LAW
The Honorable Marc Sarnoff
April 5, 2013
Page 3
Submitted into the public
rcc9rd fof ite(s
,n
We hope this letter satisfactorily addresses your inquiry.
Respectfully,
cc: Julie Bru, City of Miami Attorney
MIA_ACTIVE 4076411.1
Gunster, Yoakley & Stewart, P.A.
ATTORNEYS AT LAW
City Clerk
record f ite (s)
on ‘ti City Clerk
Tab 1
Submitted into the pubiicL
J-00-580
6/29/00
a •
ORDINANCE NO.
11937
Submitted into the public
. record fqr ite (s)
on /
City Clerk
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 54, ARTICLE XI,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
'AMENDED, ENTITLED "STREETS AND SIDEWALKS, USE
OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION
OF PAY TELEPHONES", TO PROVIDE FOR UNIFORM
PROCEDURES RELATING TO THE. GRANTING OF
PERMITS FOR THE CONSTRUCTION, INSTALLATION,
OPERATION AND MAINTENANCE OF PAY TELEPHONES
IN THE CITY'S PUBLIC RIGHTS -OF -WAY, TO ENSURE
CONFORMANCE WITH THE POLICIES AND .PROCEDURES
OF THE FLORIDA PUBLIC SERVICE COMMISSION
("PSC") AS IT RELATES TO PAY TELEPHONES, TO
PROVIDE FOR THE REVOCATION OF PAY -TELEPHONE
PERMITS FOR NONCONFORMANCE WITH THIS
ORDINANCE, AND TO PROVIDE FOR UNIFORM
COMPENSATION FOR THE COST OF REGULATION AND
ADMINISTRATION OF THE PROVISIONS CONTAINED IN
THIS ORDINANCE; MORE PARTICULARLY BY AMENDING
SECTIONS 54-411 THROUGH 54-49; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1993, the City adopted Ordinance No. 110'99,
(codified as Sections 54-411 through 54-429 of the Code of the
City of Miami, Florida, as amended) which authorized the
installation of pay telephones on or over public streets and
sidewalks, subject to certain conditions and the payment of
permit and user fees and setting forth terms and conditions for
permits to be issued to pay telephone companies; and
WHEREAS, the City has determined that pay telephones are an
essential service to public convenience and interest, that it is
11937
Submitted into the puvli
record f ite 60
on i ) 7 City Clerk
necessary to reinforce the ability of the City to regulate the
construction, installation, operation, maintenance, repair, and
use of these pay telephones to minimize the safety hazard and
inconvenience to pedestrians, residents and other citizens; and
WHEREAS, it is necessary to, ensure compliance with the
policies and procedures of the Florida Public Service Commission
(`PSCM); and
WHEREAS, it is necessary to assess a uniform annual permit
fee that will cover the costs of administration, regulation, and
enforcement of the pay telephone provisions contained in this
ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OP MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein an' if' fully set forth in this
Section.
Section 2. Chapter 54, Artitle XI, of the Code of the
City of Miami, Florida, as amended, is hereby amended in the
following particulars : l/
"ART I CLE XI.
USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION.
OF FAY TELEPHONES
v 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.
- 11937
Page 2 of 23
•
Submitted into the public
record fo iter (s , R.1
on 17 _ f 11 / 1 City Clerk
Sec. 54-411. Statement of purpose.
The city commission hereby finds and declares that
it is necessary and reasonable for this article:
(1) To regulate the erection, cqnstruction,
reconstruction, installation, operation,
maintenance, dismantling, testing, repair and
use of pPay eTelephones in, upon, along,
across, above, over, under or infringing upon
in any manner connected with the eStreets or
eSidewalks within the corporate limits of the
eCity, as now or in the future may exist;
(2) To provide the eCity with compensation. for
occupation and use of the eCity's Streets or
Sidewalks rights of way for pay tTelephones;
and
(3) To provide the department of public works of
the eCity with compensation for the cost Of
regulation imposed by this article on pPay
eTelephones.
Sec. 54-412. Definitions.
For the purposes of this article and any agreement
in accordance herewith, the following terms, phrases,
words and theirderivations 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 eCity eCommission
and/or with F.S. ch. 337, as. amended:
City shall mean. the city of Miami, Florida, its
elected officials, agents and employees.
Department: shall mean the director of the public
works department of the' City of .Miami or his/her,
designee.
Pay *telephone shall mean any self-service or
coin- or credit -card -operated telephone, including
enclosures, or bank of such telephones -placed adjacent
to each other, that in any manner is conncctcd with thc
public etrccta or oidewalka within thc city.
Pay ATelepbone permit. agreement shall mean the
document by which a privilege is granted by the eCity
to authorize a person to erect, construct,
reconstruct, install, operate, maintain, dismantle,
test, repair and use pPay Telephones occupying the
setreets end or sEidewalks within the eCity. Any play
Page 3 of 23
11937
• •
Submitted into the puviic
record f its (s) ` F Z
on 1 t/ (7. t q . City Clerk
tTelephone pgermit ag3 issued in accordance
herewith shall be e nonexclusive e __+men - -n' 66m-1---'_- b
oubjcct to approval na to form by thc city attorncy.
Permittee shall mean any pgerson issued a permit
in accordance with the provisions of this article
responsible for erection, construction, reconstruction,
installation, operation, maintenance, dismantling,
testing, repair and use of pay tTelephones in -.,ny
manner connected with occupying the sStreets or
sidewalks within the ecity. .
Person shall mean an individual, business, firm,
corporation, association, partnership or other
organization or group'of pPersons.
Sidewalk shall mean that area reserved for the
public use of pedestrian traffic within the eCity's
zoned rights -of -way.
Street shall mean all that area reserved for the
public use for public rights -of -way purposes and shall
include, but not be limited to: highways, avenues,
roads, drives, lanes, boulevards, courts, concourses,
bridges, cul-de-sacs, tunnels, waterways, parks,
roadways, parkways, alleys and eidewalks.
Sec. 54-413. Pay Telephone Permit *women* required;
length of permit -Fine and removal of pay
telephone (s) for placement without
permit or certkficatjLon.
(a) No pPerson may place or maintain any $Pay
tTelephone on or above any eStreet or sSidewalk in the
corporate limits of the eCity without having first
obtained entered into a pPay tTelephone pPermit
agreement with from the eCity as provided in this
article.
(b) Any pay tTelephone pPermit agrccmcnt(.)
issued by the eCity in accordance herewith shall be a
nonexclusive permit for the use of the estreets or
§Sidewalks within the eCity for the erection,
construction, reconstruction, installation, operation,
maintenance, dismantling, testing, repair and use of
pay tTelephones.
(c) Any pay tTelephone pgermit issued by the
eCity shall continue in full force and effect so long
as the ppermittee is in compliance with this article,
and all applicable federal, state and local ordinances
and regulations and the space occupied is not needed
for a public purpose.
- 11937
Page 4 of 23
• •
Submitted
(d) In the event any 'ppay *Telephone permit
shall be 'revoked, the applicable pgay *Telephones(s)
shall be removed from,the sZtreets end 9.m egidewalks in
accordance with the provisions of. this article.
(e) Placement of Pay Telephone (s) . on _8 Street or
Sidewalk without timely securing a Pay Telephone Permit
as required by this arti_Cleor failure to have a
current valid Public Service Commission Certification
Shall result in removal of the Pay Telephone(s) by the
City. The owner shall be assessed a S200 fine per Pay
Telephone and storage costs in accordance with
$ectiQn 54.422 (c) .
Sec. 54-414. Pay Telephone -Permit application.
(a) A written Pay _Telephone Permit application,
along with the permit application fee, in accordance
with section 54-418, shall be .filed with the
department of public works for each Pay Telephone
requested,
(b) To be acceptable for filing, an application
for the grant of a. Yay Telephone Permit .shall
contain, at minimums the following information:
(1) Site plan. in accordance with section
54-420(h) and a copy of t ies applidant' s
Public Service Commission Certification.
(2) Bond, in accordance with section 54-423.
(3) Indemnification/hold harmless agreement, in
accordance with section 54-424.
(4) Insurance, in accordance with section 54-424.
(5) Approval for provision of service from local
service provider (e_g.. BellSouth) showing
telep one •nu,mber of proposed Pay Telephone
(if available). The provider shall notify
the City in, writing of.any telephone number
change for an approved/permited Pay
Telephone.
Any application for a Pay Telephone Permit shall
not be considered until all of these reqUirements
Have been met. Additionally, the time for
2rpcesaing by the City of such appLicat4on shall
not begin until all _requirements have been met.
Page 5 of 23
11937
•
Submitted into the piblic
record for ite (s L. t
on �'[,[ City Clerk -
cc) To ensure fair and impartial treatment. pf all
Pay TeleDhor}e providers. all Pay Tetephaip RAZMi,ts
issued p;or to t7uly 1. 2000 shall expire on July 1,
2400, A11 currently permitted Pay Telephoneproviders _that are presently certified as spch by
the. Florida Public Service commission (PSC) shall
comply with the following requirements:
(1) Each Pay Telephone provider shall submit in
writing to the director of the department of
public works, within fifteen (15) calendar
days from July 1. 2000, a letter setting
forth tie express intent to retain and
permit, in accordance with subsection
54-414(c) (2) thru (3), all current Pay
Telephone locations for a three -near term
(with permit fee due annually) and providing
a list of these locations or, alternatively,
setting forth those specific locations that
the Pay Telephone provider desires to retain
and permit and those specific locations that
the Pay Telephone provider no longer desires
to occupy and does not intend to permit. Any
,pay Telephone currently .installed in a
location that a provider does not intend to
permit..in accordance with this article, must
be removed prior to October 1, 2000,
(2) Each Pay Telephone provider shall aubtpit to
the director of the department of .public
works within thirty (30) calendar days from
July 1, 2000, a coppleted Pay Telephone
Permit application: in accordance with this
article, alone% with the Pay Telephone Permit
application fee. in accordance with section
54-418, for each Pay Telephone to be
permitted.
(3) Each Pay Telephone provider shall remit to
the City within ninety (90) calendar days
from July 1, 2000. but -no later than October
;, 2000, the annua3_gmrmit fee, in accordance
.with section 54-41B. for each Pay Telephone
to he permitted. -
(4) Each Pay Telephone provider shall be required
to install and maintain, at no charge to the
City, a specified number of Pay Telephoneg in
City owned and operated facilities. The
number acid location of Pay Telephones,in City
owned and operated facilities shall be
determined no later than October 1. 2000,
but. in rio case, shall exceed one, (2) Pay
Telephone or one (1) bank of Pay Telephones
Page 6 of 23
11937
• •
Submitted into the public
record f9r ite s) FL 7
on 1 City Clerk
per ten t10) Pay Telephones permitted in
accordance with this article.
(d) Permit applications for any existing Pay
Telephone locations that a Pay Telephone provider no
longer desires to occupy as well as any new Pay_
Telephone locations shall be accepted commencing on
October 1. 2000.
(e) All permit applications submitted in
accordance with (d) above- as' well as any other
permit -pplications submitted to the department of
Public works after October 1, 2000, shall be awarded
on a first come, first serve basis.
(f) Once the Pay Telephone Permit is approved, a
decal will be issued to the provider for placement
on the Pay Telephone in a manner such that it is
easily visible to. code enforcement personnel.
(g) At any during the three (3) year term of
a specific permit, the Pay Telephone provider may
voluntarily notify the director of public works, in
)vritino. of an intent to remove the Pay Telephone
And cause the ,permit to be revoked. Any Pay
Telephone, for which voluntary revokation of the
permit is requested by the provider. in accordance
with this section, must be .removed within thirty_
(30) calendar deys. If the Pay Telephone is not
removed within thirty (30) calendar days, the'City_
shall remove the Pay_ Telephone in accor4a a with
section•54-422.
Sec. 54 411. Pay Telephone Permit locations.
Sec. 54-415.
(a) Any pPay tTelephone permit issued in
accordance herewith shall apply only to the location or
locations stated on the pPay VTelephone pPermit or
pPermits.
(b) The location and means of installation of
pPay tTelephones shall be subject to the department's
approval.
(c) Nothing in this article shall be construed as
a representation, promise or guarantee by the eCity
that any other permit or other authorization required
under any eeity ordinance for the installation of pPay
tTelephone(s) shall be issued. The requirements for any
and all other permits as may be required by any eeity
ordinance, including the rights, of way utilisation
pe=- shall still apply and all other applicable
permit fees shall still be due.
Page 7 of 23
- 11937
•
n__ 54 4 5__ Technical Standards.
Sec. 54-416.
Submitted into the public
record fpr ite(s) FL,t
on l L/ 1 I / I City Clerk
All technical standards governing' construction,
reconstruction, installation, operatidn, maintenance,
dismantling, testing, repair and use of pgay
tTelephones provided for herein shall be in accordance
with all applicable federal, state and local laws and
regulations, including but not limited to the most
recent editions of the South Florida Building Code,
National Electrical Code and the National Electrical
Safety Code.
Sec. 54 415. Powers and duties of eCity public works
Sec. 54-417. Director.
The public works director or his authorized
designee shall have the following powers and duties:
(1) Receive and review applications for pgay
eTelephone pPermits;
(2) Review and cause to be audited all reports
and filings submitted by the pgermittee to
the eCity pursuant to this article; and
(3) Promulgate and regularly review, as needed,
regulations regarding the construction,
reconstruction, installation, operation,
maintenance, dismantling, testing, repair and
use of any pPay eTelephone (s) established by
pPay t=Telephone permit in accordance
herewith.
Sec. 54- 17. Compensation for permit; late fee,
Sec. 54-418. revocation and removal of Pav
Telephone for nonpayment.
(a) The initial nonrefundable fee payable by an
applicant for a permit at the time of application for
installation of pPay tlelephones shall be $200.00 for
each pPay eTelephone requested to be installed pursuant
to this article.
(b). There shall also be an annual permit uoer fee
of $$150 per year per_ Pay Telephone imposed for the
administ,�; ation and , g11ation of P_ay Telephones in d
the use or occupancy of the egtreets ande$idewalks
of the eCity... consioting of -a perecntage of the cc
rcvcnueo-collected by the pemnitt-ee frem cash • pay
tc4cpdsono mai-btatted pursuant to thin article subj-ect
te-e—eri +�—€ee•—�r�OO.-OOE pc ee p=- pay ==1 pherge
Page 8 of 23
— 11937
•
Submitted into the public
record fo item s) , FLI._ _
on City Clerk
4i) Per any cxisti g pay tclepkzone for which
therek agrccmcnt th -e rdtaoL- property
owner---whi-eh--meets -ate--te reei t#verfterrte--o-€
dcpeerb cnt of public wor)eo, the following fcc
l-app1y- for--4--peria.d of - y _e--- f: cm
the- €ee t re- e-e f tom.: _e : _, .
Menthly Croao Revenue Percentage
.Pcr Pay Telephone f yablc to City
$ g . 0-9 $349 .-99
$350.60 C440.99. 15
;150.Q0 and over 37.
(2) For all other pay telephones maintained
ehall apply.
Percentage
Pcr Pay Telephone Payablc to City
$ 0.00 $34� /9� . 99
14
�Arn rd o 14
E"- deeeribed in aubaceti-eno (13 and (2)
obo-ohall-bc pad ex a quarterly his to the city.
Cuch t cr €eo Sheen net be refunded ter permit —tee its -bite
eveznt---th t - pe t-' c h-_c (-- - o/a c -_- _ -d
location. The Pay Telephone Permit year shall begin
on October 1 and end on September 30. The fee for any
Pay Telephone permitted during the permit year shall be
prorated to the end of the current permit year: The
annual permit fee shall be due and payable on or before
October 1. Permittee shall pay &late fee at the rate
of eighteen percent (18k) per annum of the, amount of
the unpaid or underpaid fee provided, however, that
such rate does not exceed the maximum amount allowed
under applicable Law. If said fee is not received in
total by the City within sixty (60) calendar days of
the start of the permit year. the City shall notify
the Permittee and the permit shall be revoked and the
Pav Teletahpne removed.. in accordance with
section 54-422.
(c) ror thc purposes of this artie3-o and any
agreement in aeeerdancc herewith, thc term "green
:ventkea -ehae be —defined —as the —total -of
before ro'edtuct"ien'-'fea any purp�__r,aa:nlf+.ing f_ a1]
Page 9 of 23
- 11937
•
Submitted into the public
record fo ite (s
on City Clerk
to this article.
(c) The acceptance of any payment required
hereunder' by the City shall not be construed a8 an
Acknowledgment the t2 amount paid _is the corect
amount dug, 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 per month from the date clue until -the
date payment is made.
• 4aq..
(s) - Fceo -trot paid wi;.hirn ten c%ya after the duc
(b) In the event any fccs duc in accordance with
t.he- term a -ti -a ele a not --paw wit r r-36--tea
after thc due date, thc public cork a
w`i.thhold-t ze ss�- -retie g of way
Wince -motif- the -a ou t -' _o ra-d in f_,7 -
(c) The- acceptance of any payment required
eund - 3 --t ie• —e i t — sma's--not— be ^ 0n3 t ru E--38--3i3
acknowledgment that thc amount paid io the. correct
amount due, nor shall ouch acceptance of payment be
construed as a release of any -elairrr which the city may
-(--iq--A=3--fee--pa nts sha3�- +e-s ub j`e .
the e .ty and aoocnsmcnt cr refund if the
(2) In the event that such audit resulto in an
eity, such additional payment shall be
subject to iatcrct at the rate of ono
Page 10 of 23
11937
• •
Submitted into the public, -
record foj ite s) r L, on i1,/ City Clerk
perccnt per month from the datc duc until the
date payment is made.
(d) w'_t_h�in! i.n th a art,i�c a ahel..l ba ecnela ed%. ro
limit th 1iawLi t_ _f the-p mitt_- for all app1 ica 1 e
�i r ^cc-
fcdcrarl , state and local taxco .
Sec. 54-419. Use of eStreets end or eSidewalks.
(a) Before commencing installation of a pPay
tielephone(s) in any way connected with the streets or
sSidewalks of the eCity, the pPermittee shall first
obtain the written approval of, and all other necessary
permits from, all appropriate -eCity agencies, including
but not limited to, the department of public.works.
Applications for such approval shall be made in the
form prescribed by the director of public works or his
authorized designee. Approval or denial of pPay
Telephone pPermits shall be issued by the director
within 30 working sixty (60) calendar days of
application for such permits, unless time is tolled due
to an incomplete application or failure of applicant to
respond to a written request from the department.
(b) Upon obtaining such written approval, the
pgermittee shall give the department of public works
written notice of proposed installation within a
reasonable time, but in no event shall such notice be
given less than ten (10) calendar days before such
commencement except for emergency repairs of existing
pgay Telephones, lines or cables.
(c) Any pPerson who submits a request for a
permit in accordance herewith shall include therein
proposcd fully executed agreements for the use. of
adjacent private property, if applicable, with the
owner(s) of such facilities to be used or affected by
the installation of the proposed pPay. t-Telephone(s),T
�ee9m - effe -t- : .,.. �hc date off C ceuti on of thr�-perrni t
-- r
(d) It shall be unlawful -for the pPermittee or
any other pPerson to open or otherwise disturb the
surface of any eStreet or sSidewalk 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 pgermittee to all penalties and remedies prescribed
therein and to all other remedies, legal or equitable,
which are available to the eeity.
Page 11 of-23
11937
• •
Submitted into the public
record foi item(s)
on t1 / Z/I 1 . City Clerk.
(e) The p,ermittee shall restore any e$treet or
sSidewalk it has disturbed in accordance with the
provisions of the a ity's standard specifications for
streets and 2r sidewalks or as directed by the
eCity's engineer in the field and shall, at. its own
cost and expense, restore and replace any other
property disturbed, damaged or in any way injured by or
on account of its activities to as good a condition as
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 pPermittee shall, at its own cost and
expense, protect, support, temporarily disconnect,
relocate in the. same sStreet or $Sidewalk, or remove
from such street or' sSidewalk, any of its property
when required to do so by the eCity because of sStreet
or other public excavation, construction, repair,
regrading or grading; traffic conditions; installation
of sewers, drains, water pipes, eCity-owned power or
signal lines, tracts;. vacation or relocation of
egtreets or any other type of structure or improvement
of a public agency, or any other type of improvement
necessary for the public health, safety or welfare, or
upon termination or expiration of the permit.
(g) Nothing in this article:or any permit issued
in accordance herewith shall be construed as
authorizing the pgermittee to erect and maintain new
poles in areas.served by existing poles, if the poles
are available for pPermittee's cable. The pgermittee
Shall obtain written approval from the department of
public works and other appropriate eCity agencies
before installing any underjwund conduits where none
exist.
(h) The pPermittee shall keep accurate, complete
and current maps and records of its facilities which
occupy the eStreets and or sSidewalks within the eCity,
detailed by linear foot and shall furnish, as soon as
they are available, two complete and updated copies of
such maps and records, including as -built drawings, to
the department of public works on an annual basis.
(i) The pPermittee, upon thirty (30) calendar
days' notice by the egity, -shall temporarily or
permanently remove, adjust, raise or lower its
facilities within the rights -of -way when the eCity
determines that such action is needed for public use of
the rights -of -way.
(j) The leermittee shall obtain the written
permission of the owner, including the eeity, before it
trims or prunes any tree or other vegetation.
Page 12 of 23
11937
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record forite (s) L . _
on it/Z! I . City Clerk
(k) The permittee shall comply with all rules
and regulations issued by the department of public
works governing the construction and installation of
pay elelephones. In addition:
(1) All service drops to pay tielephone shall be
underground, unless otherwise determined by
the department of public works.
(2) Any other pPay t-Telephone•installations may
be required to be serviced underground, ab
the sole discretion of the department of
public works in accordance with City code and
departmental policy.
Sec. 54-420. Location and placement of pPay
Telephones.
(a) The installation of pPay tTelephones in any
manner connected with the streets and or eSidewalks
within the eCity shall be subject to approval by the
department of public works and shall conform to the
following requirements:
It shall be free of interference with the
flow of pedestrians, wheelchairs or vehicular
traffic.
It shall allow ingress or egress
residence or place of business.
It shall be free of interference
function of traffic signs or
hydrants or mailboxes.
from any
with the
signals,
(b) Pay •Telephones shall be placed or otherwise
secured, so as to prevent their being blown down or
around the Street or eSidewalk, but the shall not be
chained or otherwise secured to any traffic or eStreet
signs, signals, hydrants, mailboxes or other street
amenities.
(c) Pay tTelephones shall be placed, installed,
used or maintained so as to be 'in compliance with
chapter 54 of the Code.of the eCity and .shall not be
located within five feet of any pedestrian crosswalk,
bus stop, taxistand or counter window or within 15 feet
of any fire hydrant, fire callbox, police callbox, or
other emergency facility.
(d) ray tcbcpbonco shall not be placed on
oidcwa.ks et strccta -within 190 €cat of strcct
cddresecs where there io eubatantial criminal activity.
Page 13 of 23
- 11937
•
Submitted into the public
record_
ontqe'LI4, . City Clerk .
CubEtaritial criminal activity shall mean' reports to the
policc-of.fe r er more criminal incidents at an addreas
3e app1'atieii and/or
the nat 1 so . The total puMber of Pay Telephones
in a bank of _py Telephones shall not exceed two (2),
-fe-}- Except for subsequent application by the same
pPermittee for the placement of an additional- pPay
.VIelephone adjacent to such pPermittee's existing pPay
tTelephone, the following minimum distance requirement,
measured along the route of ordinary pedestrian travel,
shall apply: Unless approved in writing by the director
of public works, no pPay t'Telephone shall. be placed on
the'Streets or Sidewalks within 444 500 feet of any -
other pPay tTelephone on the same side of the eStreet
en or a aSidewalk within' 3$e 500 feet of another pPay
t''Telephoncin a multifamily or commercial district as
dcocribcd
of the city, as amended.
New- elephenes s ha.' ' _ now=retie- whe _
adjacent to the public right of way and accc33ible to
the public 24 hour3 a day.
(€$) Pay tIelephones shall not be installedin
single-family . residential or duplex residential
districts, as described in Ordinance No. 11000, the
zoning ordinance of the eeity, as amended.
(gf) Upon receipt by the director of public works
of a written complaint by a citizen or oral or written
communication from a representative of the police
department, department of fire -rescue, cede -enforcement
9cctien of the planning, building and zoning
department, the department of public works, or from. a
tbleighborhood eEnhancement bream . {NET) sex -vice center,
or other City code enforcement personnel that the
location and use of a pPay *Telephone constitutes a
threat to the health and Welfare of thc community, thc
di.reetor-s -conduct
whether the location and use of thc pay telephone
ea i-ty. If thc director finds subotantial evidence
eel tes -threat t-e theheal th -end wcl fare--af—the
community, a public nusiance, in accordance with
Chapter 46, public Nusiances of the Code of the Cty
of Miami, as amended. thirty (30) calendar days after
proper written notice. is given to the p2ermittee, he
ohall revoke any permit iooucd ► the department for
the acre of the- pay telephone and ' remove -the pay
tcicpheac frees the 3trect or a -dcwo.0 , . He t e
Page 14 of 23
11937
•
•
Submitted into the public
record for iten] s ,A
l
on it/ �L/ 1 61 �L. City Clerk
glirector may te1ne—e sir- seher _ L
fair, including, requiring require that the pPay
'Telephone to be restricted to outgoing calls only. A
"threat to the izoa3 h and welfare of tho eemmunity"
sha'11 Rlean—tahc. c dote ca of----e3ubst-a!1tz.1 ari l
activity as set forth in •aubeccti-on (d) above.
Permittee shall. within thirty (30) calendar days after
proper written request is given by the department, seek
permission from the public service commission to
restrict the Pay Telephone to outgoing calls only.
eexmittee shall restrict the calls to outgoing calls
within ten (10) calendar days after receiving
permission from the public service commission to do so.
(hg) In the event that a particular pPay
eTelephone does not meet the location and placement
requirements set forth herein, an applicant who has
otherwise met all the requirements of this article may
appeal the decision of the department to the eCity
Manager— within thirty (30) calendar days of the date
of the denial who may issue much a permit if:it is
shown that the izauancc of such a 'permit is •rca.3onablc
under the _, _____ It is the obligation of the
,applicant to sUbmiti all documentation' in support of
such appeal, Thy city retains the right tQ deny any
such appeal if . ip the discretion of the City Manager
the supporting documentation submitted by the aonlicant
does pot, alter .he circumstances of the Qrittinal
denial. The City Manager may order the J.ssiance of the
permit it it is shown that the issuance of such a
permit is reasonable in light of all the information
presented.
(h) A plan or sketch of the location of the
proposed pPay VTelephone shall be prepared by the
applicant and furnished to the department at the time
of application, showing all required' distances as
outlined under subsections (a)--(c) and (ed) of this
section and in sufficient detail to describe the
proposed size, location (referencing the zoned eStreet
and monument line), equipment and means of
Installation.
Sec. 54-421. Standards for maintenance, installation
and operation of pPay eTelephones.
Pay t.Telephones shall comply with the requirements
of all applicable federal, state and local laws,
including the applicable provisions of the Americans
with Disabilities Act of 1992 and the accessibility
guidelines published in accordance thereto and with the
following standards:
Page 15 of 23
- 11937
Submitted into the public.
record fo ite s)
on 11, City Clerk-
. (2) Pay blelephone enclosures surrounding pEay
*Telephones shall not exceed eight, feet in
height, four feet in width or four feet in
depth.
•
-(2) ray telephone enclosures shall bo lighted by
means of low voltage lighting.
(3) Pay telephones shall be equipped with coin
return mechanisms' to perttsit a person using
the pay telephone to 3ccur-c an immediate
r-e€ and when there —is -
answer to a cd1.1 placed. The coin return
rncchaniom- sha31 be a intaine' in i- _ d _ _ _k_-
order.
(4) Each pay telephone shall have affixed to it,
telephone, the name and oddreaa� of the
working telephone service to report a
malfunction of the pay telephone or to secure
a refund.
(&2.) The design of all pEay elelephone enclosures,
including signage, shall be subject to the
approval of the department of public works.,
(CO Pay OTelephones shall be maintained in a neat
and clean condition and in good repair at all
times. Maintenance and ocrvicc pf pay
to, the following.
p-=---z 11 y siblc phi @d arc s--3�ift i be kept
rca3enably free of chipped, faded,
puling and cracked paint.
be kept- eaaeaaably free of — .i t and
eo2ro3iOn.
c. All clear plaotic or glaaa part3 shall
be kept unbroken and reasonably free of
crcicka, derma, graffiti, blemishes and
discoloration .
d. All paper cardboard parts- or inserts
be-4tept rcaseealy €free-e T
peeling er fadi-
e. The structural parts shall not -be broken
er-induly mioohapcn.
Page 16.of 23
11937
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Submitted into the public
FL -
record fo ite (s) _
on City Clerk
€. All telephone receivers shall be kept
-t - he the cicphese
(.4.) Any pkermittee who'fails to maintain its ppay
t•Ielephone in working condition my Bha11 be
given a 30-day written notice by the
department to repair the pkay •tIelephone. If
the ',Ray tIelephone is not in working
condition at the end of the 30-day period
after proper notice is given, the department
may revoke the permit and remove the pPay
tTelephone from the street or s•Sidewalk, in
accordance with section 54-422. The pay
telephone oo removed- i ha1-be-stored wit -in a
city facility. The•city does not aosumc.any
liability for a-_-_- to •the c.g ipmcnt rr moved
,and stored purauant.to this oubocction. Any
permittcc whose pay telcphonc(o) has been
removed and stored by the city pursuant to
this subacction - may reclaim said pay
tcicphonc(o) after payment to the city of the
storage..
(.) Pcrmittcc ohall, within thirty (30) calendar
date -et tort-Preper wr en- r elttest--- _' = _-- b.
the department, sock permiee#on from tiro
public - - - - -- r thc pay
tc1ephcne to outgoing callo. ricrsiittce ohall
reotriot the calls to outgeing caller within
tcn (le) calendar days after receiving,
permission -from the public service commiosion
to do oo.
.Sec. 54-422. Free of charge calla; pouting of rates;
Pay Telephone Permit
Revocation; removal generally and
storage costs.
(a) All pay telephones -shoal permit thc following
calla to be placed free of charge.
(1) Calls to thc 911 emergency nuiabcr;
(2) Emergency calls placed through operator
assistanee - tee---the--Pea4-ee edepartrcnt— nd
dcpar mcnt =f fire rescue
(3) Oaala t a any 1 (8040) number &ma to di rc c t ry
egeriltbefte
(a) Upon receipt by the director of public works
of a written complaint by a citizen or oral or written
communication from a representative of the police
Page 17 of 23
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Submitted into the public_
record for/items) (.. . L.
on lt/ It / , City Clerk.
department, department of fire -rescue, department of
public works, ' neighbprhood enhancement team (NET)
service center. or other City code enforcement
personnel that a Pay Telephone fails to comply withS.he
terms of this article or other provision of the cpde of
the City of Miami, as.amended. including bqt not
limited to. failure to obtain a Pay Telephone Permit,
the director shall conduct an investigation into the
complaint.
(b) J Et rc local coin _, _ sha ,
be po ted on' Lhe' p y telephonL r ___ the pa _ _, epL.+..... _
r -1 -r ______
If the investigation
referenced in. (a) above finds substantial evidence that
the Pay Telephone — fails -to comply with the :terms of
this article or other provision of the code of the City
of Miami, as amended, or if the Pay Telephone provider
fails•to remit the annual permit fee within sixty (60)
calendar days of the start of the permit year, in
accordance with section 54-418, the Pay Telephone
provider shall be notified in writing that if the
violation is not cured within thirty (30) calendar
stays, any existing permit issue4 by the department for
the installation of lh@ Pay Telephone may be revoked
and/or the Pay Telephone shall be removed by the City
from the estreet orLeSidewalk.
(c) !n instruction card containing information
rdi:nej- ref e- esn tie
place on the pay telephone or on the pay telephone
-enclosure. The Pay Telephone_ so removed, shall be
stored within a City facility__ The City does not assume
any liability for damage to the equipment removed and
stored pursuant to this subsection_ Any Permittee whose
Pay Telephone(s) has been removed.and st red by.the
City pursuant to this subsection may reclaim said Pay
Telephone(s) after payment to the City of an
administrative fee of $75 plus storage costs, to
compensate the City for costs incurred for its removal
end storage.
Sec. 54 423. Provisions for exAst ng pDay tT .1cphonca
inatallcd meant to frannhiac
A111 cxioting pPay tTelepheac3 shall comply with
the requirements of this article within GO days of its
effective datei however, these p€ey Viclophonco
i lied- pwesiicant t•a saexi-sting fro _hLe ; -•-
re- ieiene of
this article until the expiration date of such
fronchioc agreement. Any pray. tTcicphenc(s; -net in
Page 18 of 23
11937
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•
Submitted into the public
record fo ite s) _
on City Clerk
eem 4;ersee- - e dame-tareseribeei- ebaT_ _tall b_
Sec, 54 424.
,sec. 54-423. Bonds.
(a) Un?csa the applicant nupplics other
aeee$tab 1-e -- aanc i al guarafkt-e _ _
financial rresponsibiiity -9atiDfaetory—te—the—ireato
1 pPersons
submitting a request for a pPay tIelephone pPercnit
shall file with their request bonds solely for the
protection of the eCity with a surety company or trust
company or companies as surety or sureties in the
amount sufficient to protect the eCity from any and all
damages or costs suffered or incurred by the eCity as a
result thereof, including but not limited to attorneys
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 pay tlelephone permit issued in accordance
herewith and thereafter until the pgermittee shall have
satisfied in full any and all obligations to the eCity
which arise out of or pertain to the pay tlelephone
permit.
(b) None of the provisions of this section nor
any bond accepted by the eCitypnrsuant hereto, nor any
damages recovered by the eCity thereunder, shall be
construed to excuse the faithful performance by or
limit the liability of the pPermittee under this
article or any pPay tTeleghone pPermit issued in
accordance herewith or for damages either to the full
amount of such bond or otherwise.
Cato. 54 425.
pee. 54-424. Indemnity and ±n urance.
(a) The ecity shall not at any time be liable for
any injury or damage occurring to any pPerson or
property from any cause whatsoever, arising from the
use, operation or condition of the pgermittee's pay
tTelephone(s).
(b) ,The pgermittee shall indemnify, save and hold
harmless and defend the eCity 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;
Page 19 of 23
11937
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Submitted into the public
record fqr its (s) \L.
on -1�1,� �1,�"� City Clerk_
actions; fines, penalties; losses; costs, including but
not limited to reasonable legal fees and court costs
including legal fees and court costs on appeal;
judgmental 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 pPerrittee's pPay t-Telephone(s) or the granting of
the pPay e•Telephone pPermit. The granting of the pPay
tTelephone pPermit egrecmcnt is a separate and distinct
consideration for the granting of this indemnity.
(c) Upon the granting of a pPay tTelephone
pPermit and at all times during the terms of the
permit, including the time for removal of facilities as
provided for herein, the ppermittee shall obtain, pay
.all premiums for, and file -with the eCity's insurance
manager written evidence of payment for premiums and a
certificate of insurance indicating that the following
insurance policies are in effect:
(1) A general comprehensive liability policy
indemnifying, defending and saving harmless
the eCity, 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 $gay eielephone pPermit
herein granted, or alleged to have been so
caused or occurred, with a minimum liability
of $500,000.00 combined single limit for
personal injury or death.
(2) Property damage insurance, indemnifying,
defending, and saving harmless the eCity, its
officers; boards,. commissions, agents and
employees from and against all claims by any
Person whatsoever for property damage
occasioned by the operation of pPermittee
under the pPay eTelephone pPermit herein
granted or alleged to have been so caused or
occurred, with a minimum liability of
$500,000.00 combined single limit for
property damage.
(d) All insurance policies called for herein
shall ;came the City of Miami as additional insured and
shall be in a form satisfactory to the eCity's
insurance manager and shall require thirty f30)
calendar days' written notice of any cancellation to
both the eCity and the pPermittee. The p2ermittee
shall, in the event of any such cancellation notice,
obtain, pay all premiums for, and file with the eCity
Page 20 of 23.
11937
•
Submitted into the public
record fo iter�(S) 'L
City Clerk
written evidence of the issuance of replacement
policies within thirty (30) calendar days following
receipt by the eeity or the pPermittee of any notice of.
cancellation.
(e) In lieu of the insurance policies as required
and referenced in subsections (c) and (d) above, the
pPermittee may submit:
(1) A certification by a qualified independent
actuary, acceptable to the eCity's insurance
manager, which indicates that pPermittee 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 subsections (c) and (d) above;
or
(2) Other documentation and proof acceptable to
the eCity's director of -Finance and
insurance manager which indicates that
pPermittee has a self-insurance program with
adequate reserves and resources to provide
coverage and protection equal to or better
than the requirements contained in
subsections (c) and (d) above.
Cec. 54 426.
Sqg. 54-425. Police powers.
Nothing in this article or in any Ray tTelephone
permit issued in accordance herewith shall be
construed as an abrogation by the eCity of any of its
police powers.
Sec. 54-42*.
Sec. 54-426. Transfers; assignments; subleases.
(a) The pPermittee shall not transfer or assign
its interest in any permit issued in accordance
herewith, other than a general assignment of the
pPermittee's entire assets or a pledge of the assets as
collateral on a loan, without the prior written
authorization of the director, department of public
works. For the purposes of this section, a merger of
consolidation of the pgermittee with another company
shall not be deemed a transfer or assignment. However,
written notice thereof shall be given to director of
public works.
(b) The permittee shall. within ten (10)
calendar days4 p r_ly, w_i+yng7 notify the e. ity's
public wWorks director, in writing, of any sublease,
Page 21 of 23
11937
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Submitted into the public
record f ite (s) _- ��,.Z
on g, City Clerk
license, or other agreement it enters into with any
pgerson authorized to use, lease or license any or all
of the pgermittee's facilities and shall furnish the
name, address and telephone number of such sublessee,
licensee or other user.
Sec. 54-427. 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 eCi.ty's public works director
or to any person in charge of the department during
normal business hours. Any notice required to be given
to a pPermittee under any provision of this article
Shall be deemed given,whether actually received or
not, if sent by U.S. registered or certified mail,
return receipt requested, postage prepaid, and
addressed to the ePermittee at the address given in its
most recently issued permit.
Sec. 54 125.
$ec. 54-428. No liability or warranty.
This article shall not be construed to create or
hold the eCity responsible or liable for any damage to
pEersons or property by reason of any inspection or
reinspection authorized herein or failure to inspect or
reinspect, nor shall the issuance of any pPay
bTelephone pPermit 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 eCity or any
official, agent or employee thereof."
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, 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 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
Page 22 of 23
1193
Submitted into the public
record fo ite (s) . , F( Z
on _ City Clerk
preservation of peace, health, safety, and property of the City
of Miami.
Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.
-PASSED AND ADOPTED BY TITLE ONLY this_ 29th day of
Jar+p , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36. since the Mayor did not Indicate approval of
this legislation by signing it in the designated place provided, Said Iepiaiatin now
becomes effective with the elapse of ten (10) days f • the d-,,: of Commis n action
regattling same, without the Mayor
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPRO AND CORRECTNESS
Ahe
0 VILAREL
CI'►' ATTORNEY
901:YMT;RCL:BSS
14*
If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City commission.
Page 23 of 23
- 11937
•
CITY OF P AMK, FaORIDA
INTER -OFFICE MEMORANDUM
Submitted into the public
record fqr ite9i(s) . $Lq
on 11. / 11./ 1 G City Clerk
The Honorable Mayor and
Members of the City Commission
DATE:
SUBJECT:
ram:
ENCLOSURES;
JUN 14 2000 FILE:
Emergency Ordinance Aug
Chapter 54, Article XI,
Use of the Public Rights -of -Way
For installation of Pay Telephones
AMMON
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached emergency
Ehdmance amending Chapter 54, Article XL, of the Code of the City of Miami., Flodda,
as amended, entitled "Use of the Public Rights -of -Way for Installation of Pay
*Telephones". This ordinance provides for' uniform procedures relating to the granting of
permits for the construction, installation, operation and maintenance of pay telephones in
the City's public rights -of -way, ensures coat:unmet with the policies and procedures of
the Florida Public Service Commission (PSC) as it relates to pay telephones, provides for
the revocation of pay telephone permits for nonconformance with this ordinance, and
provides for uniform compensation for the cost of regulation and administration of this
ordinance.
BACKGROUND:
In 1993, the City approved Ordinance No. 11099, authorizing the installation of pay
telephones on or over public streets and sidewalks, subject to certain cond'itiions and the
payment of permit and user. fees and setting forth tarns and conditions for permits to be
issued to pay telephone companies. The City has ddtammed that pay telephones are an
essential service to public convenience and inteaes4 that it is necessary to reinforce the
ability of the City to regulate the construction, installation, operation, maintenance, repair,
and use of these pay telephones to minimize the safety hazard and inconvenience to
pedestrians, residents and other citizens; that it is necessary. to ensure compliance with the
policies and procedures of the Florida Public Service Commission (PSC); and that it is
necessary to assess a uniform annual permit fee that will cover the costs of
administration, regulation, and enforcement of the pay telephone ordinance.
CAGBWH/AGS/ecb
- 11937
•
CITY OF MUM, FLORIDA
NOTICE OF PROPOSED EMERGENCY ORDINANCE
Submitted into the public
record fo ite (s)
on 17, I City Clerk
Notice is hereby given that the City Commission of the City of Miami, Florida, will consider the
following proposed Emergency Ordinance, dispensing with the requirement for two separate readings, on
Junk 29, 2000 conunenoing at 10:00 a.m., in the City Commission Chambers, 3500 Pan American Drive,
Miami, Florida:
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIA.MI CITY COMMISSION
AMENDING CHAP tbt 54, ARTICLE XL, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "USE OF THE PUBLIC RIGHTS -
OF -WAY FOR INSTALLATION OF PAY TELEPHONES", TO PROVIDE FOR
UNIFORM PROCEDURES RELATING TO THE GRANTING OF PERMITS FOR
THE CONSTRUCTION, INSTALLATION, CATION AND MAINTENANCE OF
PAY TELEPHONES IN THE CITY'S PUBLIC RIGHTS -OF -WAY, TO ENSURE
CONFORMANCE WITH THE POLICIES AND PROCEDURES OF THE FLORIDA
PUBLIC SERVICE COMMISSION (PSC) AS rr RELATES TO PAY TELEPHONES,
TO PROVIDE FOR its REVOCATION OF PAY TELEPHONE PERMITS FOR
NONCONFORMANCE WITH THIS - ORDINANCE, AND TO PROVIDE FOR
UNIFORM COMPENSATION FOR THE COST OF REGULATION AND
ADMINISTRATION OF THIS ORDINANCE; CONTAINING A REPEALER
PROVISION AND A SEVERABILUTY CLAUSE AND PROVIDDIG FOR AN
EFFECTIVE DATE.
Said proposed emergency 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 S a.m. and 5 p.m,
All interested persons may appear' at the meeting and may be heard with respect to the proposed
emergency ordinance_ Should any person desire to appeal any decision of the City 'Commission with
respect to any matter to be considered at this mew ibat person shall ensure that a verbatim record of
the procecdigs is made including all testimony and evidence upon which any appeal may be based.
(CITY SEAL)
(18290)
WALTER J. FOEMAN
CITY CLERK
11.937
L.-Z
MAN DALY BUSINESS REVIEW
Fr died Daily eaceph Saturday, Sunday and
Lew Hadar.
Wad. de County, F odda-
STATE OF 1R.01111001-
cOUNTY OF IIIMISOMIE
Before the personanlLappearetp
Senate t aria M Oath says that site Is the Vice
President of Lam Adearlisttrg cd the Miami Daily Business
Review tide SOW Iherie% a daily fexcept Saturday, Sunday
and Legal ww er apaper, puhalatedat Miami In Mieml-
G 11n1 Ibis attached copy of advertise-
ment, bong atari Aseeni ernes of Nu** Otte matter of
• CITY OF. MIAMI
NOTICE OF PROPOSED
EMERGENCY. ORDINANCE
JUNE 29, 2000
M the 30X XZ Court,
wei published In sad newspaper In the tonnes of
Jurt 19, 2000
MOO Mane cos that the sold Miami redly Buster's
"AM" is eadttppar pnbaahed al Mani to said Miami -
Dade Coesay, Farads, amd that the sale newspaper has
heretofore bees oowilweesoly published in CoantA dt iiarf, soli day tatespl Saturday, Sunday and
Legsl Holidepsf sad hoe idea entered as second class nod
matter at the post save M relent in said Miami -Dade
County, FWM't fe►aperi d of one year next preceding the
first pubacallan Maw nlwebed copy 01 advertisement and
affbnt t alga *we wise has neither paid nor promised
gm w w'paaolton any discount, rebate, com-
mYadtorOre impose of securing this advertise-
retlricar er be Sasaki rowanspfrr.
u
e1de1Nldwt pareetway known to are.
Submitted into the public
record fir ite (s)
on \1,/ t/ • City Clerk
� . ., r . 7i.A
NOTICE OF PROPOSED .
- EMERGENCY• ORDINANCE • :: - •
Mace is hereby+ giveh that the City Commission o1•Ihe Cty.aftii nit
ER lid iconsiderthe foffaving prbposed.Emeipency OrWlaral err-
pera q opt the'requireittern for two separate readings, on dine29,
cafpmer diti9 of I d:DO a.rri., time City Convrmis-Son CI its rehear 3500 Pah
bdve, Miano. Florida:' . • ..... • •
c ;•.• •t3RDtNANC ;Np.•.,.. . -: •
•`Ap EMERGENCY' ORDINANCE OF JHE 'M{AMI COW,
ilISSabk AMENDING. CHAPTER S4• A-HTlCLE:XL• OF 7HE
- tiE OF THE•CITY OFT1A. MI,.FWARIDA; AS AMENDED, B4-' " •
Wilma;'USE• OF -l-IE•'PIXLIC RIGHTS -OF -WAY. FOR Si- • •
STAI.CATION OF PM' TEL.EFHONES', TO PROV1i1E FOR ' '
' 1•PROCEbURESREL'ATlNGTC.SHEGRANTIA6 F
•' rRTi.,• • F0•fa lit.dONStNOCTIONc INSTALLA71QN.-OP-
EfATION• AND''MAINtENA$CE•OF PAY TELFPHOI'IE.S'1N'
ci a Pueue RiGH7s-OF•-WAY: TO ENSURE CON-
FOf4MANCEWITH THE P ICIoE$ AND 'PROCEDURES OF r
TEES O''PAY QNPUBLID SE E I'O' ISSION P OW DEPSCpAS IT -
'POP THE
"RE1i0e4Tt4N4 t5F RAY I-t01NE'.Pi MTS FOR I•ioN• •
coN0e4344ANoE wrri3r'Hi A AND-•O'PRO--
• . WOE FOR UNIFORM OOM . A110N,FORTHE•OoST OF
• 'i CiUtwgTION AAiD Ate! ON OF Tk418 ORDINANCE;
• CoNr41NLNG A APPIE41.13NON AND ASEVEAABLh
• l CLAUSE 14ND J+ROVIottiG sOR.ANi?FFECrWEDATE•• •
.'Said piuposed.erraergenl y oidL'tluta3 Keay bd attrpidit6by tole' •
pubic Id the bfriee Of 1he:Cly Clerk,SOD Pan Amedcatt ton.= :
•=Coate( Florida: Monday'' througle"Fridsy. earth ae9$otidatys e-' •
tureen the hours'ot ep.m ands p.m. • ' •
F. -Ail biimested,persons riiay appear,at.the notating and nag he hand
:skirt respell10-Me.proposed emergei y ordinance.•Should dri peewit.
toMiPsiarany doeisinn of the City Cd fission With lisped M ally
voiles io be. considered at't)dsirieeling, Heat persdb`stied ensue -that
record of the proceedings is made indud`aig elf tes5triedy and
11464erieol ut}on'whigh:anyaPPeal may be -based. •-• - .
o M� sAAi. rtlarArt
PUBUCSTATE OF HARE
C030.42054ON hiC. CC MSS
MY oo
• WALTER'J. FOiEPAAN
CITY 'CLERK.
MIAMI DAILY BUSINESS REVIEW
Pattlotred Only deed $atuday, Sunday and
begot Holidays
had Mani -Dade County. Florida
STATE OF fl.0
COUNTY GFNMis•AAoa
Bettse M iddendgleod authority personalty appeared
°stelms V. Federate, who on oath says that she is the
Supervisor, ta:ltd Meares et the Miami Doty Business
Revlon tide [{toed Perim a daft paced Sahnday, Sunday
and Legal Madam) tj emdpeper, published at taunt In Miami.
Dale Comte. HoAdt4 last the attached copy of advertise-
ment -Mang a Lam Adeert"iaement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO . 119 37
to the
)0^ XX Court,
In the NUM et
Aboard tunny says toad the sold Miami Daily Business
Rem** is a aetespper published at Miami in said Miami -
Dade Cowl % Fieelda, and BM the said newspaper has
hefetofoae heal m ffenmelli pubishod In said M laini•Dade
County. ',Sadao. Mon day incept Saturday, Sunday end
Legal ifeidosag sod his been entente es second class mall
matter at the past eeaee bt Miami in sold Miami -Dade
County, Florida, iota mien of one year next preceding the
post publication did amerbed copy of advertisement; and
afflent Maher sage: that idea has neither paid nor promised
any posse, or discount, rebate, CM -
mission • i , - • thus advertise-
ment �+LL`-;;11']]!!
•
Submitted into the public
record fo itet>yi(s)
on I
4 CI. PPE
ttpftpetbsetionD
pritsons wit take notice that on the 28Ih of June, zapp;•
sCemeassion of . Miami; ' Flodda adopted the following . died'
• ORDINANCE NO 1 t 2i. •
'AN EMERGENCY ORDINANCE 'OF THE MIAMI CfvY•
MISSIDW;MEWING' CtIAPTER•54, ARTICLE XL, i5F THE •--
CODE of THE CtrYot' MlRMI E ORIDA, As AMENDED, EN -
TILLED "STREETS AND,S1DElMAt*s; USE. Or THE`'UNLIC - RIGHTSOF-WAY'.FoR- 4NETALUATION. OF - PAY:. TELE-.
• RIQM; :•TO PROVIDEFOR UNIFORM PROCEDURES IE•• -
OUIND TO THE, GRANTING- OF PERMI•LS FP(zi,THE CON- •
SUIJCTK*, 'INSTALLATiON, OPERATION ''AND' MAIN1E •-
_ _OE PAY TELEPHONES IN -THE CITY'S-•Pt181]C—'
FIIMUS-0E-WAY, TO ENSURE CONFORMANCE WITH -THE E
- MACES AND PROCEDURES OF 'WE FLORID/ PUt JC
STD, C0i.WIISSION.-CPSC,)-AS IT RELATES T13 ;PAt- •:
YEEEPH MES; Tb PROVIDE FOR -THE REVOCATION OE = .
• -PAY TELEPHONE PERMITS FOR- NONCONFORMANCE. ,
H T1HIS•QRDiNANCE. AND.TO PROVIDE FOR UNIFORM •
. tOMPIlisATON FOR THE-COSTOF REGULATION AND AD-
114ib`t RATION•OF.THE"PROVtstOkS; CONTAINED AN
.'-.Ot 4ANGE,. MORE P•ARTiCu ARI.I' aY Ar01011403 SEC-
' TOO 54,44t T A4- 428; CONTAININ<a+A.REPEALB1
PPIOVISPOI AND* LILY OukvsE,ANo QV)D-
: 14 FOii AN •EEFECFEE.. . Pl•
W�TVAMO1)00,0100,0F THE
.• 1 l DEOFT E t 1'Y G 1 ' FLORIDA, ASANJEPW; EN.,
. TITLED • !STREETS AL A$E , BUILDING
r : LSjESTANDARO• WIDTHS', MODIFY THE •
1VIDTH OF ,CERTAiN *VENUES, AND PLACE pit • ,,.
, - THE OVERTOWN c OMMUN1TY: MIAM.,FLDRIDA: Miriam-
' ING': A fIE DEALER PROVtSiON AND 'A SEYERABIIJTY• •
(• - CLAt15E,-AND•PROVIDING•EOR AN EFFECTNE DATE-
Y :. e .
-.;- S4o dnanceis-inay be inspected bribe ',Untie,* the -Dike_ d
E ibeaCilyCtetli, MOO Pan American Drive. I anu,Fbrida• Monday •
dnotgli Friday, exciudtgj. hoiidays;'between the hours of $ a.ge "
' M.Iniiiiiimii persons may appear at the ;meeting and -may 1,e Mend.
with reepgdtlo,9feproposed ordtttances..Shrn>ldany persortdosiseb ap`
peat mgrdeeeionM the City Commission With respect to anijnOterlpbe,=
Saoeeddived-i this -meeting, that person"shall ensure CM a vedtaaTaits
tecoidd .p!aceedingsLs.rnade including ad:testimorty andMikan—t
opals idaiciailyaime4 may be based. -.- .- -i
City of Miami
Legislation
Ordinance
Submitted into the public
record ite (s) �� Z.
on City Clerk
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
File Number: 09-00555
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17,
ENTITLED "ENVIRONMENTAL PRESERVATION,' AND CHAPTER 54, ENTITLED
"STREETS AND SIDEWALKS," OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING SECTIONS, AS STATED HEREIN,
AMENDING DEFINITIONS AND CONCERNING THE ADMINISTRATION OF
CONSTRUCTION AND STREET RIGHT-OF-WAY USE PERMITS ISSUED BY THE
PUBLIC WORKS DEPARTMENT TO CONFORM TO NEW LAND MANAGEMENT
AND ELECTRONIC PERMITTING PROCEDURES; TO FURTHER CLARIFY AND
UPDATE THE EXTENT OF THE CONSTRUCTION, MAINTENANCE AND REPAIR
RESPONSIBILITIES BY PROPERTY OWNERS FOR STREET
IMPROVEMENTS;TO ADD DEFINITIONS; REVISING THE APPEAL PROVISION
FOR PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Miami is In the process of developing and implementing a new
computerized land management and electronic permitting system for information, permit applications
and complete permit processing related to construction and street right-of-way use permits issued by
the Public Works Department; and
WHEREAS, the general public, companies, and agencies will have direct access via the Internet to
gather routine information, apply for and receive permits, thereby reducing the amount of paper
documents and expediting the services provided by the Public Works Department; and
WHEREAS, in order to properly implement and administer the new technology, certain sections of
the Code of the City of Miami, Florida, as amended ("City Code") must be amended to update and
identify requirements that will guide the general public through the electronic procedure, such as
authority to review applications, disclosures, surety requirements, insurance, fees, penalties, billing,
inspections and permit renewals; and
WHEREAS, in response to increasingly dense land development and to rationally correlate the
services made necessary by the construction or operation of private property upon the infrastructure
and safety provided in the adjacent public right-of-way, the City Code must be amended to define,
clarify and update the minimum and maximum limits of construction, maintenance and repair
responsibility by property owners for roadway improvements,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
City of hfurtni
Page 1 of17 Printed On: 8'2 2009
Submitted into the public —
record fo ite (s) F
on t Z City Cleric -
File Number. 09-00555
Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation," is amended in the
following particulars: {1)
"Chapter 17
ENVIRONMENTAL PRESERVATION
* * *
ARTICLE Ill. TREES AND SHRUBS ON PUBLIC PROPERTY
Sec. 17-72. Permits —Required to prune, plant or remove from public land.
It shall be unlawful for any person to trim or prune any tree, shrub ,or plant or to remove any
tree, shrub, or plant from any dedicated street, alley, highway, public right-of-way, or easement, public
land lying between property lines on either side of a public street, highway, alley, public parking strip,
public street, sidewalk or divider, public median strip or planting strip or other land or public place
owned by the city without first applying for and obtaining a permit from the director of public works or
his authorized representative .
*
Sec. 17-74. Same --Issuance; charges.
The director of public works shall issue a written permit required by the two preceding sections
to any applicant, without charge, when it is determined that the
action proposed is necessary or desirable and not contrary to any city master plan for trees, shrubs or
plants, and will be performed ' satisfactorily.
*
Section 3. Chapter 54 of the City Code, entitled "Streets and Sidewalks," is amended in the
following particulars: {1}
"Chapter 54
STREETS AND SIDEWALKS
* * * *
ARTICLE 1. iN GENERAL
City °filiant
Page 2 of 17 Prirued On: &/28/2009
Submitted into the public
record fo ite (s) iC .1„
on City Clerk
File Number. 09-00555
Sec..54-1:: Definitions.
The following words, terms and phrases, when used herein, shall have the meanings ascribed
to them in this Code, except where the context clearly indicates a different meaning:
• • • • •
Business means any commercial or industrial activity, entity, or event in or for which any goods or
services are made, sold or offered for sale or other consideration, pecuniary or otherwise.
Engineering Standards means the minimum standards pertaining to the design and construction of aN
public works constructed in the right-of-way. These standards are in book form entitled "Engineering_
Standards for Design and Construction" and present the latest engineering standards as an aid to both
design and construction and are deemed as being incorporated by reference herein.
Governmental applicants means the United States. the State of Florida, Miami -Dade County. the City
of Miami or anv agency or instrumentality thereof.
• • • • -
Maintenance means the upkeep or preservation and acts of repair and other acts to prevent a decline
lapse or cessation from an existing_state or condition: to keep from falling. declining or ceasing: to
keep in good order, keep in proper condition; keep in repair, as it pertains to the private property and
public right-of-way, as applicable and as are encompassed by the provisions of this Chapter.
Maintenance costs means any cost incurred for the purpose of performing maintenance within the
public right-of-way. This includes costs of labor. materials. equipment and other public works
operational costs.
Nongovernmental applicants mean any applicant who is not a governmental applicant as defined by
this section.
• • -
Visibility Triangle means an area on private property and within the public right-of-way where anv
material obstruction to visibility is prohibited which would result in concealment of a child over two and
one-half (2 IA) feet in height approaching an intersection. or would conceal an approaching automotive
vehicle or cyclist from such a child. The visibility triangle shall be measured in accordance with
908.11 of the City of Miami Zoning Ordinance and includes the area bounded by the extension of the
diagonal vision clearance line to the centerline of the intersecting streets and shall be required at all
street intersections and applicable intersections of driveways with streets.
• •
Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or Impedes
City eftflae:
Page 3 oj17 Printed On: 8 282009
Submitted into the puh>;i . --
record f r ite (s) F L, t
on ��,/`1,/i 1 . City Clerk
File Number. 09-00555
traffic; fees; waiver of fees.
(a) Scope. No person shalt perform or conduct work in the public right-of-way, such as digging,
drilling, repaving, etc., which obstructs, closes, or causes to be obstructed or closed, any street,
sidewalk, or any other part of the public right-of-way in this city, or which impedes the general
movement of vehicular or pedestrian traffic, without first having obtained a permit approved by the
police department, the public works department, and the fire -rescue off-street parkin° department - the
risk management department, the neighborhood enhancement team department, and the
transportation office. After approval by the departments of police, public works, off-street parking, risk
management, neighborhood enhancement team and fire the transportation office, the city
manager, or designee, shall issue a permit. No person shall apply for a permit to perform or conduct
work in the public right-of-way without disclosing in writing on the permit application form the person(s)
on whose behalf such work in the public right-of-way is being performed or conducted. If such work is
being performed by one or more person(s) on behalf of any other person(s) for using, constructing in,
excavation of, maintenance of, owning or operating any type or manner of system, equipment, or
device within the public rights -of -way, then bethiali persons must complete and file together a joint
comply with all application and permitting requirements of the city.
Failure of any person(s) to fully disclose his/her/iits their interest/participation/representation in the
permit application or to fulfill all city requirements for
issuance of the permit shall result in aiq (a) immediate administrative revocation by the city, without the
necessity of any further action, hearing or proceeding, of any permit previously granted resulting in
such permit becoming null and void, or (b) issuance by the city of a written notice that such permit will
not be granted, as the case may be, due to violation of this provision by the person(s) who applied for
such permit The city shall have the right to take all legal measures and seek all available remedies to
enforce this disclosure provision.
(b) Conditions. Such permit shall set forth minimal reasonable conditions, as permitted by Law,
necessary for the protection of property and personal safety, the restoration of the public right-of-way
to a condition satisfactory to the city, and any on -going maintenance or reparations for un-repaired
conditions or damages that may be required of the person(s) under the circumstances and extent of
the work to be performed or conducted by such person(s) under such permit. Any violation of the
conditions set forth or any violations under applicable Law shall render such permit null and void,
without the necessity of any further action, hearing, or proceeding. Such permit shall cover the length
of time necessary and reasonable according to the type of activity involved. Additionally y
(c) Indemnity, hold harmless and insurancepayment-bencivperferrna.Ree-taeAdr er--tettec-ef-eFedit, It
shall be a condition precedent to the issuance of any such permit that the applicant shall assume all
civil liability for applicant's acts of omission or commission from all claims, suits or actions of any kind
whatsoever arising out of or resulting from the closure, the issuance of the permit or the operations or
activities of the permittee and shall, further, hold the city, its officials and employees harmless for any
injuries or damages arising or resulting from the permitted work including any injuries or damages
resulting from alleged negligent acts or omissions on the part of the city. The applicant shall insure that
adequate safety precautions are in effect at all times during the term of the permit.
11) Non-Govemmental Applicant(s):
City of Miami
Page 4 of 17 Printed On: 8/2&/2009
__$_ubmitted into.the pubii
record fo ite (s) , t.
on City Clerk
Fife Number. 09-00555
Prior to the issuance of any such permit, the non -governmental applicant(s) shall submit to the city a
. certificate binder or policy of liability insurance for each non-govemmental applicant (instating-eash-
ageeeme#) in an amount not less than One Million Dollars ($1,000,000.00) per pefssn occurrence.
Two Million Dollars ($2,000,000.00) aggregate perincident, and any endorsements thereto, which
shalt include the city as an additional insured. The certificate must also include coverage for all owned,
hired and non -owned vehicles with a combined single limit of One Million Dollars ($1,000,000.00) also
naming the city as an additional insured and must also contain coverage for worker's compensation
and employer's liability coverage as required by statute and which shall provide that said permit
insurance ,
shall remain in full force and effect during the entire term of the
permit. Additionally, ail such
permits for non-govemmental applicant(s)
shall be subject to annual review by the city's Risk Management Department
ent and the applicant shall be required to update as necessary to protect the city with any and
ail types and amounts of such insurance coverage(s), ,
letter•of edit(s).
L) Governmental Applicant(s):
Additioeally;-pPrior to the issuance of any such permit, the govemmental appiicant(s) {iesluding eash-
agFeemen€) shall submit to the city a certificate binder-or-aetisy of liability insurance or letter of
self-insurance for each govemmental applicant '
in
accordance with and subject to the
limitations as a-Unlit-ofliability set forth in P.S. § 768.2 , ,
It shall be a further condition precedent, for both non-tvemmental and govemmental permit holders,
to the issuance of any such permit for work to be performed in the public right-of-way that the
that -the permit holder(s) is/are jointly and severably responsible, at each permit holder's expense, for
any damages resulting from work performed or conducted under the permit and for any damages
regarding restoring the public right-of-way to its original condition before installation of facilities endfar-
*
*
*
*
City ofMiand
Pages of 17 Printed On: 8/28/2009
-Submitted into the public-
record f ite 1 s) F L, L
on City Clerk
File Number: 09-00555
Sec. 54-8. Using street or sidewalk for display purposes, exceptionsr; permit and fee.
It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk in the city for display
purposes, except as approved by the city commission or as hereinafter provided.
(al Except as provided in article lll, displays approved by the city commission shall be no larger than
16 square feet, and no portion of any display or attachment thereto may be more than 84 inches from
the ground.
(b) Overhead horizontal banners at locations designated by the city will require a permit from the
department ofpublic works before installation. The application for permit shall be submitted in writing
by the applicant to the department of public works on a form provided by public works. A
non-refundable processing fee in the amount of eighty dollars ($80.00) per banner shall accompany
the application. A supplemental banner fee and a limited display duration period shall apply for
overhead horizontal banner locations within the Coconut Grove Special Events District pursuant to
section 54-343 of this code.
* * *
ARTICLE I!. CONSTRUCTION, EXCAVATION AND REPAIR
Sec. 54-42. Excavations.
(a) Permit required. When any person desires to disturb, cut into, dig up or excavate any public
street or sidewalk, whether the same is paved or unpaved or to cause the same to be done,
application shall be made to the director of public works for permission therefore. No person shall
apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on
the permit application form the person(s) on whose behalf such work in the public right-of-way is being
performed or conducted. If such work is being performed by one or more person(s) on behalf of any
other person(s) for using, constructing, excavating, maintaining, owning or operating any type or
manner of system, equipment, or device within the public right-of-way, then both/all persons must
comply with all application and permitting requirements of the city. Failure of any person(s) to fully
disclose his/her/their interest/participation/representation in the permit application or to fulfill all city
requirements for issuance of the permit shall result in (1) an immediate revocation by the city of any
excavation permit previously granted resulting in such permit becoming null and void( without the
necessity of any further action, hearing or proceeding), or (2) issuance by the city of a written notice
that suchpermii will not be granted, as the case may be, due to violation of this provision by the
person(s) who applied for such permit. The city shall have the right to take all legal measures and
seek ail available remedies to enforce this disclosure provision. Such permit shall set forth minimal
reasonable conditions, as permitted by law, necessary for the protection of property and personal
safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on -going
maintenance or reparations for un-repaired conditions or damages that may be required of the
person(s) under the circumstances and extent of the work to be performed or conducted by such
person(s) under such permit. Any violation of the conditions set forth or any violations under applicable
law shall render such permit automatically null and void, without the necessity of any further action or
City of Miami
Page 6 of 17 Printed On: 8/21/2009
Submiftecf into the publicr
record fo ite (s) .0 I_,1_
on _ _ City Clerk
File Number. 09-00555
proceeding. Such permit shall cover the length of time necessary and reasonable according to the type
of activity involved. Additionally, any continuing use of the public right-of-way by any such person(s)
shall require such personfsl to also enter into a continuing maintenance and restoration agreement,
registration. or a franchise agreement. as applicable by Florida Statutes or the City Code, with the city,
and to provide such continuing Insurance and such continuing surety that maY be required by the
agreement or registration relating to such continuing maintenance and potential restoration. A permit
application form will not be required to be submitted for multiple sanitary sewer laterals. water service
laterals or water meters installed by the Miami -Dade Water and Sewer Department,_ if such multiple
installations are combined into a single written request for permit to the director of public works. A
request for multiple water and sewer installations shall be submitted to the director of public works
prior to construction work and shall not require submittal of a surety for restoring the street or sidewalk
as described in subsection (c) of this section.
(b) Calculation of cost of restoration;-form-of-permitrestorationi-ferm-ef-permit Upon compliance with the terms of subsection
(a) of this section, the director of public works shall calculate the cost,
of fully restoring the street or sidewalk to the condition in which it is
found upon the filing of such application. The cost shall be calculated on the basis of the following
rates:
Per Square Foot
Permanent paving (asphalt concrete and rock base) ... $ 2.75
Asphaltic concrete (only) ... 1.50
Stamed/color asphalt concrete (only) ... 4.00
Six-inch driveway paving (plain concrete) ... 5.00
Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) ... 8.50
Six-inch concrete sidewalk (plain concrete) ... 2.50
Four -inch concrete sidewalk (plain concrete) ... 2.00
Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ... 8.50
Six-inch reinforced concrete protective slab ... 3.50
Backfill ... 1.00
Eight -inch rock base ... 1.25
Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ... 8.50
Solid sod 1.00
Per Linear Foot
Curb ... $10.00
Valley gutter ... 12.00
Curb and gutter ... 12.00
Concrete encasement for sewer pipe ... 3.00
Swale trench ... 35.00
Exfiltration trench ... 70.00
City of Miami
Page 7 of 17 Printed On: & 2&2O09
Fife Number. 09-00555
Submitted into the publln`
record for ite (s) L. t
on Iti1) 2%Iy . City Clerk
Each
Street furniture (benches, waste receptacles, bicycle racks, etc.) ... 250.00
Drainage structure (inlet, manhole, etc.) ... 2,000.00
Decorative illumination (fixture/pole/mounting) ... 5,000.00
CITY OF MIAM1 FLORIDA
Series A
Permit No. Original
Permission is hereby granted to make said eut and excavation in the on
et the following location: for the purpose of
PROVIDED:
(z) a-eut -excavations et exceed— €eet in d eet ngt and to- be
not less than feet in depth.
(2) The work herein described and permitted is to be completed not later than
19 , on which date this permit expires.
•
(c) Payment of amount of costs for restoration; issuance of permit; time for completion;
consequences of failure to complete street restoration.
(1) Whenever any individual applies for a permit for excavation of a street, or other public
right-of-way, or easement, as required by subsection (a) of this section, he the individual shall pal'
deliver to the director of public works a surety in the form of cash or cer tif+ed cashier's check payable
to the city in the amount of the cost of the restoration as calculated by the director of public works and
shall sign his an acceptance of the terms of the permit, and thereupon the permit shall be delivered to
the applicant who shall thereafter, and not before, be authorized to proceed with the work, and shall
complete the same within the time prescribed by the permit
(2) Whenever any company or agency providing utility services in the city applies for a permit for
excavation in the street or other public right-of-way or easement, as required by subsection (a) of this
City of -Minted
Page 8 of 17 Printed On.: 8/21/2009
File Number: 09-00555
Submitted into the public _L
record for ite (s)
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section, the company or agency shall deliver to the director of public works a surety in the form of a
e finance bond rssc ibed by F 8 �255 05, as amended, or cashier's,
check in the amount of two times the cost of restoration as calculated under subsection (b) of this
section. The director of public works may establish written rules and procedures to accept a blanket
surety in the form of a bond or letter of credit for cost of the restoration of the public ijq t of way or
easement for recurring permit applications for utility companies and aoencies that demonstrate a
continuing large volume of permit applications. Additionally,_ any such blanket surety shall be subject
to periodic review by the director of.public works and shall be required to be adjusted as necessary to
sufficiently cover the costs of restoration assessed to each open permit and permit application.
(3) Upon receipt of the above -referenced k surety, payment of the
applicable permit fees, and completion of the appropriate application, the director of public works shall
deliver a permit for the work, and shall determine when the work
is to be completed, including restoration of the street. right-of-way or easement in accordance with the
standards and specifications of the department of public works. The company or agency shall
thereafter, and not before, be authorized to proceed with the work and shall complete the same within
the time prescribed by the permit.
(4) Upon proper completion of the work by the permittee, as determined by the director of public
works in accordance with the requirements of this Chapter and other applicable codes , including the
above restoration, within the time prescribed by the permit, the director of public works shall cause the
amount of the sure ,
to be retumed to the person, company or agency to whom the permit was
issued.
(5) In the event that the permitted person, company or agency fails or refuses to complete the work,
including restoration, within the time specified by the permit, all payments including the
above-spesireferenced surety, shall be deemed forfeited. The
director of public works shall then be empowered to cause restoration to be done by contract, or by
city forces, without regard to the status of the work sought to be done under the permit, and all costs
thereof shall be payable by the permitted individual, company, or agency. if the required amount is not
remitted within ten days of written notice by the director of public works to the permitted individual,
company, or agency, the forfeited ineneys monies shall be used to complete the work. Any costs in
excess of the available forfeited moneys monies shall constitute and become a lien against the private
real property if owned by said permitted individual, company, or agency, which adjoins or abuts the
street or right-of-way for which the permit was issued. My forfeited moneys monies remaining after
restoration costs have been paid in full may be returned to the permittee if the reason for the delay has
been due to causes beyond the control of the permittee. Additionally, the director of public works may
administratively establsh and enforce written rules and procedures pertaining to the withholding of the
issuance of new excavation permits to any individual company, or agency that fails or refuses to
complete the restoration work and obtain from the public works department a final inspection approval
within the expiratio date of the previously issued excavation permits) to said individuals company or
agency.
(d) indemnity, hold harmless and insurance.
It shall be a condition precedent to the issuance of any suchpermit that the appiicantlpermittee shall
assume all civil liability for the applicant's acts, omissions or commissions, and from all claims, suits or
actions of any kind whatsoever arising out of or resulting from the issuance of the permit or the
operations or activities of the permittee and shallLfurther, hold the city. its officials and employees.
harmless for any injuries or damages arising or resulting from the permitted work unless such injuries
or damages result from alleged grossly negligent or willful acts or omissions on the part of the city, its
officials or employees . The applicant shall insure that adequate safety precautions are in effect at all
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times during the term of the permit.
Ski Non -Governmental Applicants: .
Prior to the issuance of any such permit, the non -governmental applicants) shalt submit to the city a
certificate binder or policy of liability insurance for each non-govemmental applicant in an amount not
less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2.000,000.00)
aggregate, and any endorsements theretoowhich shall include the city as an additional insured. The
certificate must also include coverage for all owned. hired and non -owned autos with a combined
single limit of One Million Dollars ($1,000,000.00) naming the city as an additional insured which must
also contain coverage for workers compensation and employers liability coverage as required by
statute and which shall provide that said insurance and any related maintenance and restoration
agreement and related surety shall remain in full force and effect during the entire term of the permit
and any related continuing maintenance and restoration agreement. Additionally, all such permits and
any related maintenance and restoration agreement(s) for non -governmental applicant(s) shall be
subject to annual review by the city's risk management department and the applicant shall be required
to update as necessary to protect the city and any and all types and amounts of such insurance
coverage(s) or surety.
2) Governmental Applicants:
Prior to the issuance of any_ permit, the governmental applicant(s) shall submit to the city a certificate
of insurance or letter of self-insurance for each governmental applicant in accordance with and subject
to the limitations as set forth in F.S. 4768.28.
2 Additional permit conditions:
it shall be a condition precedent to the issuance, to both governmental and non -governmental
applicants, of any permit for work to be performed in the public right-of-way that the person(s) applying
for such permit shall provide to the city's department of public works a surety in such amount(s) and
such form(s) acceptable to the director of public works to ensure that such work: (i) complies with
applicable codes, (ii) is conducted and performed in a satisfactory, safe and professional manner, (iii)
pertaining to the public right-of-way is restored or maintained as required by the circumstances and
extent of the work under such permit and any continuing maintenance and restoration agreement_
Furthermore. the permit holders are jointly and severally responsible, at each Permit holder's
expense. for any damages resulting from work performed or conducted under the permit and for any
damages regarding restoring the public right-of-way to its original condition before installation of the
facilities and for any damages regarding continuing maintenance of the public right-of-way,
141 fel Obstruction of the right-of-way. in the event that the permitted individual, company or agency
desires to obstruct or temporarily close any portion of the right-of-way in order to accomplish the work,
a separate permit shall be required pursuant to section 54-3. No person shall be allowed under a
permit provided for in this section to excavate, dig up or obstruct more_ than two adjacent blocks at a
time, and the work on one of such blocks shall be completed and the sidewalk and street pavement
shall be placed in as good condition as existed prior to the work being commenced before such
person to whom such permit has been granted by the city shall be allowed to begin work in a new
block.
fa Supervision by director of public works. All disturbances, digging up or excavation of streets,
avenues, sidewalks, pavements or sidewalk pavements in the city shall be made under the supervision
and direction of the director of public works.
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Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway
or shoulder area, building line and grade survey, sidewalk construction survey, driveway
construction, flume excavation, utility placement underground utility service connection
excavation, groundwater monitoring wells; permit renewal; after -the -fact permit, and
reinspection fees.
(c) Permit fees shall be paid in full upon issuance of the permit. The director of public works may
establish rules and procedures to allow billing for payment ofpermit fees on a monthly basis for
recurring permit applications for utility companies and agencies that demonstrate a continuing large
volume of permit applications.
*
Sec. 54-54. Allowing sidewalks, swales and curbs to remain in dangerous condition.
their property.
(a) It shall be unlawful for any owner, occupant or agent of any property to which a sidewak swale or
curb is contiguous, to place or remove any materials or allow overgrowth of trees, shrubs and plants
upon such sidewalk, swale or curb as to be dangerous or detrimental to the general public as
determined by the director of public works.
(b) It shall be unlawful for any owner, occupant or agent of any property to which a swale is
contiguous, to pave or install any materials, trees, shrubs or plants, except sod, within the swale
without first having obtained a permit from the public works department. The director of the public
works department shalt promulgate the rules and regulations establishing the standards pertaining to
the construction. improvement and repair of swales.
Sec. 54-55. Notice to repair sidewalks and curbs.
(a) Abutting property owner(s) shall be responsible for the repair or replacement of the existing
stdewark, curbs, and gutter (hereinafter "street improvements") where damage is the result of the
intentional or negligent act(s) of the abutting owner(s), its agents, or contractors, or where the damage
is the result of tree roots from trees located on the abutting private property.
In case the surface of any walk or sidewalk in the city becomes so uneven as to make walking over
it dangerous or detrimental, or if the curbing becomes decayed, wom out or broken, it shall be the duty
of the director of public works to notify the owner, and if the owner cannot be served, to notify the
occupant, and if there is no occupant, then to notify the agent of the owner of the property to which the
sidewalk is contiguous, to repair such walk or sidewalk. Notice to repair or replace such street
improvements shall be in writing; shall allow such owner, agent or occupant 30 days in which to repair
such walk or sidewalk; shall describe the walk, sidewalk or curb to be repaired; shall set forth that such
walk, sidewalk or curb shall be repaired, if surface work is to be done, with the same material as such
walk, sidewalk or curb was originally constructed, and if curbing is to be put in, with concrete; and shall
be served, returned and filed in the office of the director of public works.
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Sec. 54-56. Construction, reconstruction or repair of street improvements required when
adiacent property is improved by construction of O80AA $100.000.00 or more in value or
exceeding 6501.000 square feet In floor area; restriction.
(a) Sidewalks, curbs and/or gutters, pavement, modifications to existing drainage systems and
sodding (hereinafter "street improvements") shall be constructed, reconstructed or repaired when any
adiacent property located within the corporate limits is improved, altered or modified by the
construction, reconstruction, remodeling, renovation or repair of any type of building, structure or
parking facility amounting to $25,000.00 $100,000.00 or more in total value, or when such building to
be constructed, reconstructed, remodeled, renovated or repaired is 658 1.000 square feet or more in
floor area, for which a permit is required.
(b) The director of the public works department of the city shall notify the applicant/qualifier for the
permit by noting on the approved plans that the street improvements adjacent to the lot or parcel to be
improved, altered or modified shall be constructed, reconstructed or repaired. Said street
improvements may extend to the centerline of the street and shall be constructed within or adjacent to
the established base building lines to the proper line and grade as determined by the public works
department on all roadways within the corporate limits. In the event that the surface of any existing
street improvements is uneven, cracked, broken or marred, these portions of the street improvements
shall be replaced by the applicant/qualifier.
(c) The magnitude of the required street improvements shall not exceed ten (10%) percent of the total
value of the permitted improvements, alterations or modifications on said adiacent property. For
existing single-family residences the required street improvements shall not exceed five (5) percent of
the total value of the permitted improvements, alterations or modifications on said adiacent property.
(s) Ll The director of the public works department of the city is hereby directed to withhold or
withdraw the certificates of occupancy or use until such street improvements are properly constructed,
reconstructed or repaired as provided in subsections (a) and (b) of this section.
(e) The director of the public works department is hereby authorized to approve deferment of
construction and allow variations and deviations from the above requirements of constructing,
reconstructing or repairing said street improvements, as lie the director determines necessary, based
on the conditions of the terrain and the existing sidewalk, curbs and/or gutters, and pavement
immediately adjacent to the property involved; provided that the property owner furnishes the city with
a properly executed covenant to run with the land in which the property owner agrees to construct or
pay the cost of constructing the street improvements when such construction is required by the
department of public works.
(-OM In the event that the property owner fails to construct, reconstruct or repair the street
improvements as required by the public works department, the director of the public works department
shall notify the applicant in writing that the applicant has 30 days in which to construct said street
improvements. If the street improvements are not constructed within the 30-day period, the director of
the public works department is authorized to cause the construction of said street improvements by
either city personnel or by award of a contract under the provisions of the city Code. An accounting of
the total cost of said street improvements, certified by the director of the public works department,
shall be recorded in the public works records of Miami -Dade County and thereafter shall constitute a
lien against the property involved. The total cost shall include the construction cost, a 16-percent fee
for engineering services for the public works department, and any incidental expenses.
ARTICLE VI. SIDEWALK CAFES
City of Afia a
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Sec. 54-222. Definitions.
As used in this article:
* *
Sidewalk cafe means the placing, locating, or permitting of the placing or locating of chairs and
tables within the sidewalk area adjacent to a business licensed to operate as a restaurant or take-out
food establishment.
State Road shall mean those roadways that are part of the State Highway System under the
jurisdiction of the Florida Department of Transportation.
Sec. 54-224. Permit application.
(a) Application for a permit to operate a sidewalk cafe shall be made at the department of public
works in a form deemed appropriate by the director Such application shall include, but not be limited
to, the following information:
(1) Name and address of the applicant;
(2) A copy of a valid business license to operate a restaurant or a take-out food establishment
adjacent to the sidewalk area which is the subject of the application;
(3) A copy of current liability insurance;
(4) A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and dimensions
of the existing sidewalk area and adjacent private property, proposed location, size and number of
tables, chairs, umbrellas, location of doorways, location of trees, parking meters, bus shelters,
sidewalk benches, trash receptacles, and any other sidewalk obstruction either existing or proposed
within the pedestrian area; and
(5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all
proposed tables, chairs, umbrellas, or other objects related to the sidewalk care.
(b) Applications shall be accompanied by a nonrefundable application fee of $150.00.
(c) Applications shall be reviewed by the following departments: public works; planning, building -and
zen ra-rescue; neighborhood enhancements team. risk management and finance «ieerrse-divisiei
(d) Within 3015 days of receipt of a completed application, the director shall issue a letter of intent to
approve or deny the permit.
(e) The applicant shall provide proof of necessary insurance prior to receiving the permit.
Sec. 54-225. Permit requirements.
(a) No person shall establish a sidewalk cafe on any public street or sidewalk unless such person has
obtained a valid permit to operate that sidewalk cafe in such a manner pursuant to this article.
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(b) Permits shall be issued only to validly licensed restaurants or "food establishments, take-out
only , that wish to provide tables and chairs on the sidewalk(s) adjacent to their businesses for use by
the general public.
(c) In the SD-2 and SD-17 zoning districts located in Coconut Grove, as described in the zoning atlas
of zoning Ordinance No. 11000, as amended, permits shall be issued to sidewalk cafes in conjunction
with "food establishments, take-out only" and validly licensed restaurants, provided the establishment
provides required off-street parking at a rate of one parking space per 100 square feet for the sidewalk
cafe area or pays a mitigation fee in lieu thereof, as described in section 35-224 of this code , in
addition to other required off-street parking and the sidewalk cafe permit fee. For purposes of this
article, references to specific zoning districts are solely for purposes of delineating affected geographic
areas subject to this section and shall not convey any rights under zoning Ordinance No. 11000, as
amended or superseded.
(d) No sidewalk cafe permit shall be issued by the city within any State Road right-of-wav in the
absence of an approval from the Florida Department of Transportation.
*
ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS -OF -WAY
Sec. 54-264. Application and issuance of permits.
(a) Issuing and approving authority. The issuing and approving authority and coordinator shall be the
public works director. The director is responsible for objectively coordinating and administering the
physical placement of newsracks of the type and in the locations and pursuant to the conditions herein
specified, and upon compliance herewith is responsible for the issuance of permits.
(b) Applications. The applicant shall file with the director a written application for location and
installation permit The application shall contain the following information:
(1) The name, address and telephone number of the distributor who is the owner or principal in
responsible charge of the newsrack.
(2) The name, address and telephone number of a responsible person whom the city may notify or
contact at any time concerning the applicant's newsracks.
(3) The number of newsracks and the proposed Location of each shown on a detailed, dimensional
drawing, including measurements, and survey if requested must all be attached to the application by
the applicant.
(4) Names of newspapers or periodicals to be contained in each newsrack.
(5) Type or brand of newsracks, including an illustration and description of the newsrack and mount.
Se} A Global Positioning System (GPS) coordinate. within ten (10) feet accuracy, of each newsrack.
(c) Procedure.
(1) The department ofRublic works and the department of neighborhood enhancement team shall
Rreview the application including the dints applicant's dimensional drawing, detailing the
existing physical features surrounding the proposed newsrack location, to determine whether the
proposed newsracks are in compliance with the provisions of this article.
City of Miami
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(2) The director shall notify the applicant of the number of newsracks and Iocations:of newsracks that
have been approved. Based on the approved newsrack locations, the applicant shall submit to the
department an insurance certificate and bond and also the appropriate fee in accordance with sections
54-265 and 54-268 of this code.
f2) The department shall Mmark approved placement locations with a template so that distributor's
installation crews can easily identify location for newsracks.
ARTICLE XI. USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES
* * f
Sec. 54-412. 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 or with F.S. ch. 337, as amended:
Sidewalk shall mean that area reserved for the public use of pedestrian traffic within the city's zoned
rights -of -way.
State Road shall mean those roadways that are part of the State Highway System under the
jurisdiction of the Florida Department of Transportation.
Street shall mean all that area reserved for the public use for public rights -of -way purposes and shall
include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts, concourses,
bridges, cul-de-sacs, tunnels, waterways, parks, roadways, parkways, alleys and sidewalks.
Sec. 54-413. Pay telephone permit required; length of permit; fine and removal of pay
telephone(s) for placement without permit or certification.
(f) No pay telephone permit shall be issued by the city within a State Road right-of-way.
Sec. 54-414. Pay telephone permit application.
(a) A written pay telephone permit application, along with the permit application fee, in accordance
with section 54-418, shall be filed with the department of public works for each pay telephone
City of Miami
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requested.:
(b) To be acceptable for filing, an application for the grant of a pay telephone permit shall contain, at
minimum, the following information:
(1) Site plan, in accordance with section 54-420(h) and a copy of the applicant's public service
commission certification.
(2) Bond, in accordance with section 54-423.
(3) Indemnification/hold harmless agreement, in accordance with section 54-424.
(4) Insurance, in accordance with section 54-424.
(5) Approval for provision of service from local service provider (ems i.e.litell4outh AT&T) showing
telephone number of proposed pay telephone (if available). The permittee shall notify the city in writing
of any telephone number change for an approved/permitted pay telephone.
(6) A Global Positioning System (GPS) coordinate, within ten (10) feet accuracy, of each pay phone.
Any application for a pay telephone permit shall not be considered until all of these requirements have
been met Additionally, the time for processing by the city of such application shall not begin until all
requirements have been met.
irfuod prior to July 1, 2000, shall expire on July 1, 2000. All currently permitted pay telephone
,
(c) Each pay telephone provider may be required to install and maintain, at no charge to the city a
specified number of pay telephones in city -owned and operated facilities. The number and location of
pay telephones in city -owned and operated facilities shall be determined by the city, but, in no case
shall exceed one pay telephone per ten pay telephones permitted in accordance with this article,
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(e) NI All permit applications submitted under jhis section '
to the department of public works after-Astaber 1,
2999; shall be awarded on a first come, first serve basis.
04111 Once the pay telephone permit is approved, a decal will be issued to the provider for placement
on the pay telephone in a manner such that it is easily visible to code enforcement personnel.
(g) fa At any time during the three year term of a specific permit, the pay telephone provider may
voluntarily notify the director of public works, in writing, of an intent to remove the pay telephone and
cause the permit to be revoked. Any pay telephone, for which voluntary revocation of the permit is
requested by the provider, in accordance with this section, must be removed within 30 calendar days.
If the pay telephone is not removed within 30 calendar days, the city shall remove the pay telephone in
accordance with section 54-422.
*
Sec. 54-416. Technical standards.
*
*
AU technical standards governing construction, reconstruction, installation, operation,
maintenance, dismantling, testing, repair and use of pay tellephones provided for herein shall be in
accordance with all applicable federal, state and local laws and regulations, including but not limited to
the most recent editions of the South Florida Building Code, National Electrical Code and the National
Electrical Safety Code.
• *1f
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 shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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.
{2) if the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. if the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
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City of Miami
Legislation
Ordinance
Submitted into the pubpc
record f r ite (s) c 1, , ?
on tt City Clerk
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.rniamigov.com
File Number. 10-01002
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS
DEPARTMENT;" CHAPTER 22.5/ARTICLE VI, ENTITLED "GREEN
INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE
DUST GENERATION CONTROL; CHAPTER 29 ENTITLED "LANDFILLS AND
WATERFRONT IMPROVEMENTS;" AND CHAPTER 54 ENTITLED "STREETS
AND SIDEWALKS", IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE
PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION
PREVENTION PLANS, WATERFRONT IMPROVEMENTS AND RIGHT-OF-WAY
PERMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 2, Article IV, Division 4 of the Code of the City of Miami, Florida, as amended,
("Code") provides the fee schedule for the processing of covenants, construction plans, and
recordation of plats; and
WHEREAS, Chapter 22.5 of the Code provides the fee schedule for the processing of stormwater
pollution prevention plans; and
WHEREAS, Chapter 29 of the Code provides the fee schedule for the processing of waterfront
improvements permits; and
WHEREAS, Chapter 54 of the Code provides the fee schedule for the processing of right-of-way
permits; and
WHEREAS, currently the fees associated with Chapter 2, Chapter 22.5, Chapter 29 and Chapter
54, do not sufficiently cover the actual cost of City of Miami ("City") staff to perform the processing of
said documents and permits; and
WHEREAS, it is in the best interest of the City to amend Chapter 2, Chapter 22.5, Chapter 29 and
Chapter 54 of the Code to increase said fees;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/Article IV/Division 4/Section 2-269 of the Code, entitled
"Administration/Departments/Public Works Department/Checking and recording plats and alley
closures or vacations --Fee schedule; waiver of fee," is amended in the following particulars: {1}
City of Mlanii
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File Number. 10-01002
"CHAPTER 2
ADMINISTRATION
ARTICLE 4. DEPARTMENTS
k k !
DIVISION 4. PUBLIC WORKS DEPARTMENT
k
Sec. 2-268. Fee for preparation of documents containing covenants to run with the land, waiver of fee;
fee for preparation of documents allowing the use of public right-of-way by private entities; recording
fee.
(a) For the preparation and processing of any legal document running with the land covenanting the
construction or postponement of construction of a public works improvement either in the public
right -of --way or on private property, a fee of $240:00 $245.00 shall be collected by the director of public
works. The fee required under this subsection may be waived for governmental entities and agencies.
(b) For the preparation and processing of legal documents allowing the use of public right-of-way by
private entities, excluding permits and those documents described in subsection (a) hereinabove, a fee
of $263-00 $305.00 shall be collected by the director of public works.
(c) In addition to the above fees, the party proffering the legal document shall also pay the recording
fee, as established by the state.
Sec. 2-269. Checking and recording plats and alley closures or vacations —Fee schedule; waiver of
fee.
(a) The fees to be charged by the public works department for processing tentative plats and
recording plats submitted for approval of the city, including the inspection of the permanent reference
monuments set in the field, are hereby fixed as follows:
(1) Recording plat:
a. To accompany tentative plat application ... $345,00 370.00
b. For resubmission of tentative plat when submitted for recording ... 153-.-00 190.00
c. For resubmission of tentative plat by different owner ... 458 00190.00
d. For resubmission of tentative plat with new boundary ... 458.00 190.00
e. To accompany final plat when submitted for recording ... 36890 1000.00
(2) Extending subdivision improvement time limit. For each time limit extension granted for completion
of subdivision improvements required in conjunction with a recorded plat 1210.00 9or, five percent of
the subdivision improvement bond amount, whichever is greater.
The processing fees required by paragraphs (1) and (2) of subsection (a) shall be waived for
govemmental entities and agencies.
City of Alkali
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City Clerk
The fees to be charged for an expedited review for processing tentative plats and recording plats
submitted for approval of the city, including inspection of the permanent reference monuments set in
the field, are fixed as follows:
Outside source review fee: Actual cost plus 20 percent administrative fee for processing.
Fees to be charged pursuant to subsections 55-15(i) and 55-15(j) providing for an alternative method
for the closure or vacation of alleys which abut parcels of land zoned solely residential.
Application fee $525.00.
Recording fee ***
Publication fee ***
Vacation and alley closure fee pursuant to subsection 62-156(6) Not
applicable
***These fees shall be determined contingent upon fees charged by the newspaper and Miami -Dade
County recorder's office at time of publication and recordation.
* * *
Sec. 2-272. Construction plan checking fee.
(a) The fees to be charged by the public works department for processing and checking construction
plans submitted for approval of the city are hereby fixed as follows:
(1) Fence, wall, slab, sign or underground tank permit $a-1,0813.00
(2) Single-family or duplex residential construction, reconstruction, remodeling, renovation, repair or
addition permit 26-88 30.00
(3) Multiresidential and all nonresidential construction, reconstruction, remodeling, renovation, repair or
addition permit 78.75 90.0Q
(b) Expedited plan review service for special projects. A "special project" is defined as a project having
a development order, or any other project as determined by the city manager, or designee, as
having special interest to the city. The services will cover the public works department review.
Outside source review will be the preferred method.
Outside source review fee: Actual cost plus 15 percent*
*Fifteen percent is the administrative fee to cover the cost of processing.
In-house review fee: $262.50
(c) The fee required under this section may be waived by the director of public works for governmental
entities and agencies.
Section 3. Chapter 22.5/Article VI of the Code entitled °Green Initiatives/Soil Erosion, Waterway
Sedimentation, and Airborne Dust Generation Control," is amended in the following particulars: {1}
"CHAPTER 22.5
GREEN INITIATIVES
City ofAliami
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* * *
ARTICLE Vi. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST
GENERATION CONTROL
Sec. 22.5-127. Administrative fee
As a condition precedent to the issuance of any public works, zoning, planning, building, or demolition
permit for a construction project which will disturb 0.5 acres or more of soil, the applicant shall pay the
city a fee of $1.00.08 115.00, All fees and fines generated as a result of this article shall be deposited
into the stormwater utility trust fund and shall be used to administer this program and to further the
city's efforts prevent pollution of stormwater systems.
**
Section 4. Chapter 29 of the Code entitled "Landfills and Waterfront Improvements," is amended
in the following particulars: {1}
"CHAPTER 29
LANDFILLS AND WATERFRONT IMPROVEMENTS
ARTICLE I. IN GENERAL
*
Sec. 29-3. Same - Fees; expiration; renewal
*
*
(a) The permit fee for filling upland property that is below the design grade shall be $15-7-50180.00 for
the first 5,000 square feet of area to be filled, and $40&00 120.00 for each additional 5,000 square
feet of area or fraction thereof. The permit fee for filling submerged land shall be $3678 425.00 for
each acre or fraction thereof. Permits issued for filling shall be in effect for only one year from the date
of issuance. Such fill permits may be renewed annually for a fee of $400.00 115.00.
(b) The fee required under this section shall be waived for governmental entities and agencies.
* * *
ARTCLE II. FILLING OF LAND IN BiSCAYNE BAY
Sec. 29-52. Fees and Charges
(a) The following schedule of fees shall be charged in connection with this article:
(1) For publication and notification of property owners, payable at the time of filing a petition, a
minimum of $7940 90.00.
(2) For removal of sand, rock or earth by pumping or otherwise, from lands submerged, or
City of Masai
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otherwise, as estimated by the director of public works and payable upon issuance of a permit,
$367.50 425.00 for the first 1,000 cubic yards or fraction thereof, and $105.00 125.00 for each
additional 1,000 cubic yards or fraction thereof.
(b) The processing fees required by paragraphs (axi) and (2) of this section shall be waived for
govemmental entities and agencies.
ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND
OTHER SIMILAR STRUCTURES
Sec. 29-86. Same - Fees
(a) The permit fee for the construction of any new structural improvement covered by this article,
excluding the cost of any electrical, mechanical and plumbing work requiring separate permits, shall be
based upon the estimated construction costs and shall be a flat fee of $262-50 300.00 plus two
percent of the estimated construction cost. An after -the -fact permit fee, for any improvements covered
by this article on which construction was performed without proper permits and inspection, shall be
quadruple the above fee.
(b) The permit fee for the repair or reconstruction of any existing structural improvement covered by
this article, excluding the cost of any separate permits, shall be based upon the estimated cost of
repair or reconstruction and shall be a flat fee of $79:98 90.00 or ten percent of the estimated cost of
repair/reconstruction up to $525.00, whichever is greater. An after -the -fact permit fee, for any
improvements covered by this article on which repairs/reconstruction were performed without proper
permits and inspection, shall be quadruple the above fee.
(c) The expense of any inspection by the public works department will be included in the cost of the
permit fee.
(d) The fee required under this section may be waived by the director of public works for governmental
entities and agencies.
Section 5. Chapter 54 of the Code entitled "Streets and Sidewalks", is amended in the following
particulars:01 }
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE 1. IN GENERAL
* * *
Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or impedes traffic;
fees; waiver of fees.
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*
(e) Fees.
(1) A fee of $488:00 120.00 shall accompany each permit application to the Police Department, to
be retained by the city regardless of action taken in the grant or denial of the permit ,
(2) An initial inspection fee of $25.00 shall accompanv each permit application to the Public Works
Department.
(230) A non-refundable fee for a permit issued under this article for the partial or full obstruction by
construction related activities exceeding one month in duration shall be as follows:
a. $0.46 20 per linear foot per day of sidewalk/curb usage
b. $0.6 30 per linear foot per day of parking lane usage*
`This fee is in addition to fees payable under chapter 35 of the City Code of the City of Miami, as
amended.
c. $0.30 35 per linear foot per day of lane closure or partial lane closure of traffic and auxiliary lane
usage.
The fees shall accompany each permit application to the Department of Public Works for the use of
the public right of way.
Sec. 54-8. Using street or sidewalk for display purposes, exceptions; permit and fee
It shall be unlawful to use any portion of a street, public right-of-way, or sidewalk In the city for display
purposes, except as approved by the city commission or as hereinafter provided.
(a) Except as provided in article HI, displays approved by the city commission shall be no larger than
16 square feet, and no portion of any display or attachment thereto may be more than 84 Inches from
the ground.
(b) Overhead horizontal banners at locations designated by the city will require a permit from the
department of public works before installation. The application for permit shall be submitted in writing
by the applicant to the department of public works on a form provided by public works. A
non-refundable processing fee in the amount of $8089 92.00 per banner, and an initial inspection fee
of $10.00 per banner, shall accompany the application_ A supplemental banner fee and a limited
display duration period shall apply for overhead horizontal banner locations within the Coconut Grove
Special Events District pursuant to section 54-343 of this Code.
* * *
ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR
Sec. 54-43. Permit fee for street excavation, sidewalk repair, paving or resurfacing of parkway or
shoulder area, building line and grade survey, sidewalk construction survey, driveway construction,
flume excavation, utility placement; underground utility service connection excavation, groundwater
City of Miami
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monitoring wells; permit renewal; after -the -fact permit, and reinspection fees.
The permit fees to be charged by the public works department for street excavation, sidewalk re
paving or resurfacing of parkway or shoulder area, building line and grade survey, sidewalk
construction, driveway construction, flume excavation, utility placement, underground utility sery
connection excavation, groundwater monitoring wells, permit renewal, after -the -fact permit and
reinspection within the city are hereby fxed as follows:
(1) Street excavation permit:
a. Non-refundable plan and specification review fee $20.00
a b. 50 lineal feet or less .$ 250.00 5290.00
b c. Each additional lineal foot 0.30-.35
d. Initial inspection $25.00
e. Dry -run review of plans and specifications, upon request:
i. 50 lineal feet or less of excavation $.125.00
ii. Each additional lineal foot of excavation 0.25
(2) Sidewalk repair permit:
a. 50 lineal feet or less 60-.00 58.00
b. Each additional lineal foot 1410 1.15
(3)Sidewalk construction permit:
a. 50 lineal feet or less 44400 115.00
b. Each additional lineal foot 2:00 2.30
(4) Paving or resurfacing of parkway or shoulder area permit:
a. 25 lineal feet or less 100.00 115.00
b. Each additional lineal foot 5..00-5.75
(5) Building line and grade survey permit:
a. 50 lineal feet or less 250.00 287.50
b. Each additional lineal foot 5:90 5.75
(6) Driveway construction permit, each driveway 100.00 115.00
(7) Flume excavation permit, each excavation 100.00 115.00
(8) Utility placement permit (poles, splice pits, manholes, hand holes, catchbasins, pedestals, vao.
and auger holes)1-00.00115.00
Plus, for each additional, per block (on same permit) -1-0-00 11.50
(9) Underground utility service connection right-of-way excavation permit (each water, gas, elects
telephone, cable television or sanitary sewer connection from base building line to the utility local
within the public right-of-way) 4-00:00115.00
(10) Groundwater monitoring wells, each well 60.00 60.00
(11) Dewaterinq:
Submitted into the public
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City Clerk
7-30 days 635.00
31-90 days 980,00
044 (12) Permit renewal fee prior to expiration of original permit
Ninety -day extension of permit fee expiration date 100.00 115.00
A New application and permit fees shall be required for expired permits.
(42) (13) After -the -fact permit fee: For any work described in subsections (ax1) through (-1-0) (11)
herein, performed without proper permits and inspections, quadruple the above fees,
(13) 14) Reinspection fees: When additional inspection is required for work previously inspected and
rejected by the department of public works, a reinspection fee will be required, for each reinspection
2-5,00 30.00
(b) Permit fees will be computed only for the primary item of work for which a permit is required. The
fee collected will also cover items of work incidental'to the primary item and all processing and
inspection services rendered by the public works department.
(c)Permit fees shall be paid in full upon issuance of the permit. The director of public works may
establish rules and procedures to allow billing for payment of permit fees on a monthly basis for
recurring permit applications for utility companies and agencies that demonstrate a continuing large
volume of permit applications.
*
ARTICLE VI. SIDEWALK CAFES
Sec. 54-224. Permit Fee
(a) The fee for an annual permit for establishing or maintaining a sidewalk cafe shall be $-1-0.0011.50
per square foot of usable sidewalk area, as determined by the department of public works. Said
fee shall be paid in full upon issuance of the annual permit or, alternatively, shall be paid on the
first day of the month ("due date") on a quarterly basis (Le., January 1st; April 1st; July 1st and
October 1st), with each payment being 25 percent of the annual fee as determined above; the first
quarterly payment being due upon issuance of the annual permit. Payment received more than ten
calendar days after the due date shall be charged a late fee of ten percent of the payment amount
due. Failure to make a required payment within 30 calendar days of the due date shall constitute a
basis for and result in immediate license suspension.
Sec. 54-225. Permit Application
(a) Application for a permit to operate a sidewalk cafe shall be made at the department of public works
in a form deemed appropriate by the director. Such application shall include, but not be limited, to
the following information:
City of Miami
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(1) Name and address of the applicant;
(2) A copy of a valid business license to operate a restaurant or a take-out food establishment
adjacent to the sidewalk area which is the subject of the application;
(3) A copy of current liability insurance;
(4) A drawing (minimum scale of one-fourth inch equals one foot) showing the layout and dimensions
of the existing sidewalk area and adjacent private property, proposed location, size and number of all
outdoor furniture, including but not limited to, tables, chairs, umbrellas, location of doorways, location
of trees, parking meters, bus shelters, sidewalk benches, trash receptacles, glare screens, menu
boards, heat lamps, fans, planters and any other sidewalk obstruction either existing or proposed
within the pedestrian area; and
(5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all
proposed tables, chairs, umbrellas, or other objects related to the sidewalk cafe.
(6) Photograph of subject street right-of-way where sidewalk cafe is proposed.
(b) Applications shall be accompanied by a nonrefundable application fee of $1-58:88 175.00 and an
initial inspection fee of $10.00.
*
ARTICLE VII. NEWSRACKS ON PUBLIC RIGHTS -OF -WAY
Sec. 54-266. Fees.
(a) An initial inspection of location fee of $11.50 per newsrack shall accompany the newsrack permit
application. The annual permit fee is ten -de fs $11,50 per newsrack due October 1st and will expire
the 30the day of September each year. Fees for the initial year shall be prorated on a monthly basis,
and shall be calculated using the following formula:
(1) Initial fee = $0.83 per newsrack multiplied by the number of months remaining in the year.
(2) Failed permit inspections are subject to a re -inspection fee of five 4044ars $5.75.
All of the above fees will be used to defray administrative expenses relating to this article only.
(b) To renew a permit, the distributor shall submit payment for the upcoming full year in advance to the
department prior to each October 1st.
(c)Non-conforming newsrack(s) may be subject to removal and if removed shall be subject to a $S8
90.00 removaland storage fee, pursuant to subsection 54-270(c).
ARTICLE VIII. USE OF PUBLIC RiGHTS-OF-WAY BY COMMUNICATION SYSTEMS
Sec. 54-305. Compensation for permit.
(b) Telecommunication company solely providing toll telephone service
City of Miami
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(6) Upon the effective date of the adoption of this article in accordance with provisions of subsection
(b) hereinabove, the following fee schedule is hereby fixed as follows:
a. Annual fee.
1. For the first 50 lineal feet of pathway or Tess $ 260:80 290.00
2. For each additional lineal foot of pathway over 50 feet:
i. Pathway(s) in existence as of the date of this ordinance:
A. As of October 1, 1993 0.15
B. As of October 1, 1994 0.25
C. As of October 1, 1995 0.35
D. As of October 1, 1996 0.45
E. As of October 1, 1997 0.55
Pathway(s) added subsequent to the date of this ordinance 0. .90
b. Initial fee for preparation review and approval of telecommunication agreement (does not include
recording fee) $1,330:00 $1,525.00
c. Review of plans, issuance of installation permit and inspection of installation of new facilities
1. For first 50 lineal feet or less of pathway $ 2-58:00 290.00
2. For each additional lineal foot of pathway over 50 feet 0.30.35
d. Fee for govemment-owned communications system:
1. Annual fee $ 2-50:80 290.00
2. Initial fee including review of plans and inspection plus recording fee 268788 290.00
*
ARTICLE X. USE OF PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF LOW LEVEL
WJNDSHEAR ALERT SYSTEM(S)
Sec. 54-379. Compensation for Permit
The annual compensation which the FAA shall pay the city for a permit for the use of public
rights -of -way for the establishment and maintenance of a LLWAS shall be $500.00 575.00 per pole
location, as determined by the director of the department of public works.
*
ARTICLE XI. USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES
Sec. 54-413. Pay telephone permit required; length of permit fine and removal of pay telephone(s) for
placement without permit or certification.
(a) No person may place or maintain any pay telephone on or above any street or sidewalk in the
corporate limits of the city without having first obtained a pay telephone permit from the city as
provided in this article.
City of 'Wand
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(b) Any pay telephone permit issued by the city in accordance herewith shall be a nonexclusive permit
for the use of the streets or sidewalks within the city for the erection, construction, reconstruction,
installation, operation, maintenance, dismantling, testing, repair and use of pay telephones.
(c) Any pay telephone permit issued by the city shall continue in full force and effect so long as the
permittee is in compliance with this article, and all applicable federal, state and local ordinances and
regulations and the space occupied is not needed for a public purpose.
(d) In the event any pay telephone permit shall be revoked, the applicable pay telephones(s) shall be
removed from the streets or sidewalks in accordance with the provisions of this article.
(e) Placement of pay telephone(s) on a street or sidewalk without timely securing a pay telephone
permit as required by this article, or failure to have a current valid public service commission
certification shall result in removal of the pay telephone(s) by the city. The owner shall be assessed a
$200.00 230.00 fine per pay telephone and storage costs in accordance with subsection 54-422(c).
(f) No pay telephone permit shall be issued by the city within a state road right-of-way.
*
*
Sec. 54-418. Compensation for permit; late fee, revocation and removal of pay telephone(s) for
nonpayment.
(a) The initial nonrefundable fee payable by an applicant for a permit at the time of application for
installation of pay telephones shall be $288,88 230.00 for each pay telephone requested to be
installed pursuant to this article. An initial inspection fee of $10.00 per location shall accompany the
pay telephone permit application.
(b) There shall also be an annual permit fee of $450.00 175.00 per year per pay telephone imposed
for the administration and regulation of pay telephones in and the use or occupancy of the streets or
sidewalks of the city.
The pay telephone permit year shall begin on October 1 and end on September 30. The fee for any
pay telephone permitted during the permit year shall be prorated to the end of the current permit year.
The annual permit fee shall be due and payable on or before October 1. Permtttee shall pay a late fee
at the rate of 18 percent per annum of the amount of the unpaid or underpaid fee provided, however,
that such rate does not exceed the maximum amount allowed under applicable law. if said fee is not
received in total by the city within 60 calendar days of the start of the permit year, the city shall notify
the perrnittee and the permit shall be revoked and the pay telephone removed, in accordance with
section 54-422.
(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 b 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) !n 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 per month from the
date due until the date payment is made.
Section 6. 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.
City of M7ami
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Section 7. This Ordinance shall become effectve thirty (30)days after final reading and adoption
thereDf. {21
APPROVED AS TO FORM AND CORRECTNESS:
JULIEO.BRU
CITY ATTORNEY
t
City Clerk
Footnotes:
{1) Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now In effect and remain unchanged. Asterisks indicated
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of he veto by the City Commission.
aty ofW ant,
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Miami, Florida, Code of Ordinances » PART II - THE CODE» Chapter 54 - STREETS AND
SIDEWALKS» ARTICLE XI. - USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY
TELEPHONES »
ARTICLE XI. - USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES 21
Sec. 54-411. - Statement of purpose.
Sec. 54-412. - Definitions.
Sec_ 54-413. - Pav telephone permit required: length of permit: fine and removal of pay telephone(s) for placement
without permit or certification.
Sec. 54-414. - Pav telephone permit application.
Sec. 54-415. - Pay telephone permit locations.
Sec. 54-416. - Technical standards.
Sec. 54-417. - Powers and duties of city public works director.
Sec. 54-418. - Compensation for permit; late fee, revocation and removal of pay telephone(s) for nonpayment_
Sec. 54-419. - Vse of streets or sidewalks.
Sec. 54-420. - Location and placement of pay telephones.
Sec. 54-421. - Standards for maintenance, installation and operation of pay telephones.
Sec. 54 422 - Pay telephone permit revocation; removal generally and storage costs.
Sec. 54-423. - Bonds.
Sec. 54-424. - Indemnity and insurance.
Sec. 54-425. - Police powers,
Sec. 54-426. - Transfers: assignments: subleases.
Sec. 54-427. - Service of notice.
Sec. 54-428. - No liability or warranty.
Secs. 54-429-54-439. - Reserved,
Sec. 54-411. - Statement of purpose.
The city commission hereby finds and declares that it is necessary and reasonable for this
article:
(1) To regulate the erection, construction, reconstruction, installation, operation,
maintenance, dismantling, testing, repair and use of pay telephones in, upon, along,
across, above, over, under or infringing upon the streets or sidewalks within the
corporate limits of the city, as now or in the future may exist;
(2) To provide the city with compensation for occupation and use of the city's streets or
sidewalks for pay telephones; and
(3) To provide the department of public works of the city with compensation for the cost of
regulation imposed by this article on pay telephones.
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-412. - 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
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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 F.S. ch.
337, as amended:
City shall mean the City of Miami, Florida, its elected officials, agents and employees.
Department shall mean the director of the public works department of the City of Miami or
his/her designee.
Pay telephone shall mean any self-service or coin or credit -card -operated telephone,
including enclosures, or bank of such telephones placed adjacent to each other.
Pay telephone permit shall mean the document by which a privilege is granted by the city to
authorize a person to erect, construct, reconstruct, install, operate, maintain, dismantle, test, repair
and use pay telephones occupying the streets or sidewalks within the city. Any pay telephone
permit issued in accordance herewith shall be nonexclusive.
Pennittee shall mean any person issue d a permit in accordance with the provisions of this
article responsible for erection, construction, reconstruction, installation, operation, maintenance,
dismantling, testing, repair and use of pay telephones occupying the streets or sidewalks within the
city.
Person shall mean an individual, business, firm, corporation, association, partnership or
other organization or group of persons.
Sidewalk shall mean that area reserved for the public use of pedestrian traffic within the
city's zoned rights -of -way.
State road shall mean those roadways that are part of the state highway system under the
jurisdiction of the Florida Department of Transportation.
Street shall mean all that area reserved forte public use for public rights -of -way purposes
and shall include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts,
concourses, bridges, cul-de-sacs, tunnels, waterways, parks, roadways, parkways, alleys and
sidewalks.
(Ord No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9710-09)
Sec. 54-413. - Pay telephone permit required; length of permit; fine and removal of
pay telephone(s) for placement without permit or certification.
(a)
(b)
(c)
(d)
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No person may place or maintain any pay telephone on or above any street or sidewalk in
the corporate limits of the city without having first obtained a pay telephone permit from the
city as provided in this article.
Any pay telephone permit issued by the city in accordance herewith shall be a nonexclusive
permit for the use of the streets or sidewalks within the city for the erection, construction,
reconstruction, installation, operation, maintenance, dismantling, testing, repair and use. of
pay telephones.
Any pay telephone permit issued by the city shall continue in full force and effect so long as
the permiftee is in compliance with this article, and all applicable federal, state and local
ordinances and regulations and the space occupied is not needed for a public purpose.
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In the event any pay telephone permit shall be revoked, the applicable pay telephones(s)
shall be removed from the streets or sidewalks in accordance with the provisions of this
article.
(e) Placement of pay telephone(s) on a street or sidewalk without timely securing a pay
telephone permit as required by this article, or failure to have a current valid public service
commission certification shall result in removal of the pay telephone(s) by the city. The owner
shall be assessed a $230.00 fine per pay telephone and storage costs in accordance with
subsection 54-422(c).
(f) No pay telephone permit shall be issued by the city within a state road right-of-way.
(Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13195, § 5, 9-27-10)
Sec. 54-414. - Pay telephone permit application.
(a) A written pay telephone permit application, along with the permit application fee, in
accordance with section 54-418, shall be filed with the department of public works for each
pay telephone requested.
(b) To be acceptable for filing, an application for the grant of a pay telephone permit shall
contain, at minimum, the following information:
(1) Site plan, in accordance with section 54-420(h) and a copy of the applicant's public
service commission certification.
(2) Bond, in accordance with section 54-423
(3) Indemnification/hold harmless agreement, in accordance with section 54-424
(4) Insurance, in accordance with section 54-424
(5) Approval for provision of service from local service provider (Le. AT&T) showing
telephone number of proposed pay telephone (if available). The permittee shall notify
the city in writing of any telephone number change for an approved/permitted pay
telephone.
(6) A global positioning system (GPS) coordinate, within ten feet accuracy, of each pay
phone.
Any application for a pay telephone permit shall not be considered until all of these
requirements have been met. Additionally, the time for processing by the city of such
application shall not begin until all requirements have been met.
(c) Each pay telephone provider may be required to install and maintain, at no charge to the city,
a specified number of pay telephones in city -owned and operated facilities. The number and
location of pay telephones in city -owned and operated facilities shall be determined by the
city, but, in no case, shall exceed one pay telephone per ten pay telephones permitted in
accordance with this article.
(d) All permit applications submitted under this section to the department of public works shall
be awarded on a first come, first serve basis.
(e) Once the pay telephone permit is approved, a decal will be issued to the provider for
placement on the pay telephone in a manner such that it is easily visible to code
enforcement personnel.
(f) At any time during the three-year term of a specific permit, the pay telephone provider may
voluntarily notify the director of public works, in writing, of an intent to remove the pay
telephone and cause the permit to be revoked. Any pay telephone, for which voluntary
revocation of the permit is requested by the provider, In accordance with this section, must
be removed within 30 calendar days. If the pay telephone is not removed within 30 calendar
days, the city shall remove the pay telephone in accordance with section 54-422
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(On1. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09)
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Sec. 54-415. - Pay telephone permit locations.
(a) Any pay telephone permit issued in accordance herewith shall apply only to the location or
locations stated on the pay telephone permit or permits.
(b) The location and means of installation of pay telephones shall be subject to the department's
approval.
(c) Nothing in this article shall be construed as a representation, promise or guarantee by the
city that any other permit or other authorization required under any city ordinance for the
installation of pay telephone(s) shall be issued. The requirements for any and all other
permits as may be required by any city ordinance, shall still apply and all other applicable
permit fees shall still be due.
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-416. - Technical standards.
All technical standards goveming construction, reconstruction, installation, operation,
maintenance, dismantling, testing, repair and use of pay tellephones provided for herein shall be in
accordance with all applicable federal, state and local laws and regulations, including but not limited
to the most recent editions of the Florida Building Code, National Electrical Code and the National
Electrical Safety Code.
(Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09)
Sec. 54-417. - Powers and duties of city public works director.
The public works director or his authorized designee shall have the following powers and
duties:
(1) Receive and review applications for pay telephone permits;
(2) Review and cause to be audited all reports and filings submitted by the permittee to
the city pursuant to this article; and
(3) Promulgate and regularly review, as needed, regulations regarding the construction,
reconstruction, installation, operation, maintenance, dismantling, testing, repair and
use of any pay telephone(s) established by pay telephone permit in accordance
herewith.
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-418. - Compensation for permit; late fee, revocation and removal of pay
telephone(s) for nonpayment.
(a) The initial nonrefundable fee payable by an applicant for a permit at the time of application
for installation of pay telephones shall be $230.00 for each pay telephone requested to be
installed pursuant to this article. An initial inspection fee of $10.00 per location shall
accompany the pay telephone permit application.
(b) There shall also be an annual permit fee of $175.00 per year per pay telephone imposed for
the administration and regulation of pay telephones in and the use or occupancy of the
streets or sidewalks of the city.
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The pay telephone permit year shall begin on October 1 and end on September 30. The fee
for any pay telephone permitted during the permit year shall be prorated to the end of the current
permit year. The annual permit fee shall be due and payable on or before October 1. Permittee
shall pay a late fee at the rate of 18 percent per annum of the amount of the unpaid or underpaid
fee provided, however, that such rate does not exceed the maximum amount allowed under
applicable law. If said fee is not received in total by the city within 60 calendar days of the start of
the permit year, the city shall notify the permittee and the permit shall be revoked and the pay
telephone removed, in accordance with section 54-422.
(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
per month from the date due until the date payment is made.
(Ord No. 11937, § 2, 6-29-00; Ord. No. 13195, § 5, 9-27-10)
Sec. 54-419. - Use of streets or sidewalks.
(a) Before commencing installation of a pay telephone(s) in any way connected with the streets
or sidewalks of the city, the permittee shall first obtain the written approval of, and all other
necessary permits from, all appropriate city agencies, including but not limited to, the
department of public works. Applications for such approval shall be made in the form
prescribed by the director of public works or his authorized designee. Approval or denial of
pay telephone permits shall be issued by the director within 60 calendar days of application
for such permits, unless time is tolled due to an incomplete application or failure of applicant
to respond to a written request from the department.
(b) Upon obtaining such written approval, the permittee shall give the department of public
works written notice of proposed installation within a reasonable time, but in no event shall
such notice be given less than ten calendar days before such commencement except for
emergency repairs of existing pay telephones, lines or cables.
(c) Any person who submits a request for a permit in accordance herewith shall include therein
fully executed agreements for the use of adjacent private property, if applicable, with the
owner(s) of such facilities to be used or affected by the installation of the proposed pay
telephone(s).
(d) It shall be unlawful for the permittee or any other person to open or otherwise disturb the
surface of any street or sidewalk for any purpose whatsoever without obtaining approval to
do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation
of this section shall subject the permittee to all penalties and remedies prescribed therein
and to all other remedies, legal or equitable, which are available to the city.
(e) The permittee shall restore any street or sidewalk it has disturbed in accordance with the
provisions of the city's standard specifications for streets or sidewalks or as directed by the
city's engineer in the field and shall, at its own cost and expense, restore and replace any
other property disturbed, damaged or in any way injured by or on account of its activities to
as good a condition as such property was in immediately prior to the disturbance, damage or
injury or pay the fair market value of such property to its owner.
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(f) The permittee shall, at its own cost and expense, protect, support, temporarily disconnect,
relocate in the same street or sidewalk, or remove from such street or sidewalk, any of its
property when required to do so by the city because of street or other public excavation,
construction, repair, regrading or grading; traffic conditions; installation of sewers, drains,
water pipes, city -owned power or signal lines, tracts; vacation or relocation of streets or any
other type of structure or improvement of a public agency, or any other type of improvement
necessary for the public health, safety or welfare, or upon termination or expiration of the
permit.
(9) Nothing in this article or any permit issued in accordance herewith shall be construed as
authorizing the permittee to erect and maintain new poles in areas served by existing poles,
if the poles are available for permittee's cable. The permittee shall obtain written approval
from the department of public works and other appropriate city agencies before installing any
underground conduits where none exist.
(h) The permittee shall keep accurate, complete and current maps and records of its facilities
which occupy the streets or sidewalks within the city, detailed by linear foot and shall furnish,
as soon as available, two complete and updated copies of such maps and records, including
as -built drawings, to the department of public works on an annual basis.
(i) The permittee, upon 30 calendar days' notice by the city, shall temporarily or permanently
remove, adjust, raise or lower its facilities within the rights -of -way when the city determines
that such action is needed for public use of the rights -of -way.
(i) The permittee shall obtain the written permission of the owner, including the city, before it
trims or prunes any tree or other vegetation.
(k) The permittee shall comply with all rules and regulations issued by the department of public
works governing the construction and installation of pay telephones. In addition:
(1) All service drops to pay telephones shall be underground, unless otherwise
determined by the department of public works.
(2) Any other pay telephone installations may be required to be serviced underground, in
accordance with City Code and departmental policy.
(Onl No. 11937, § 2, 6-29-00)
Sec. 54-420. - Location and placement of pay telephones.
(a) The installation of pay telephones in any manner connected with the streets or sidewalks
within the city shall be subject to approval by the department of public works and shall
conform to the following requirements:
(1) It shall be free of interference with the flow of pedestrians, wheelchairs or vehicular
traffic.
(2) It shall allow ingress or egress from any residence or place of business.
(3) It shall be free of interference with the function of traffic signs or signals, hydrants or
mailboxes.
(b) Pay telephones shall be placed or otherwise secured, so as to prevent being blown down or
around the street or sidewalk, but shall not be chained or otherwise secured to any traffic or
street signs, signals, hydrants, mailboxes or other street amenities.
(c) Pay telephones shall be placed, installed, used or maintained so as to be in compliance with
chapter 54 of the Code and shall not be located within five feet of any pedestrian crosswalk,
bus stop, taxistand or counter window or within 15 feet of any fire hydrant, fire callbox, police
callbox, or other emergency facility.
(d)
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The total number of pay telephones in a bank of pay telephones shall not exceed two.
Except for subsequent application by the same permittee for the placement of an additional
pay telephone adjacent to such permittee's existing pay telephone, the following minimum
distance requirement, measured along the route of ordinary pedestrian travel, shall apply:
unless approved in writing by the director of public works, no pay telephone shall be placed
on the streets or sidewalks within 500 feet of any other pay telephone on the same side of
the street or sidewalk within 500 feet of another pay telephone.
(e) Pay telephones shall not be installed in single-family residential or duplex residential districts,
as described in Ordinance No. 11000, the zoning ordinance of the city, as amended.
(f) Upon receipt by the director of public works of a written complaint by a citizen or oral or
written communication from a representative of the police department, department of fire -
rescue, the department of public works, neighborhood enhancement team (NET) service
center, or other city code enforcement personnel that the location and use of a pay
telephone constitutes a public nuisance, in accordance with chapter 46 of the Code, as
amended, 30 calendar days after proper written notice is given to the permittee, the director
may require that the pay telephone to berestricted to outgoing calls only. Permitted shall,
within 30 calendar days after proper written request is given by the department, seek
permission from the public service commission to restrict the pay telephone to outgoing calls
ony. Permittee shall restrict the calls to outgoing calls within ten calendar days after
receiving permission from the public service commission to do so.
(g) In the event that a particular pay telephone does not meet the location and placement
requirements set forth herein, an applicant who has otherwise met all the requirements of
this article may appeal the decision of the department to the city manager within 30 calendar
days of the date of the denial. It is the obligation of the applicant to submit all documentation
in support of such appeal. The city retains the right to deny any such appeal if in the
discretion of the city manager the supporting documentation submitted by the applicant does
not alter the circumstances of the original denial. The city manager may order the issuance
of the permit if it is shown that the issuance of such a permit is reasonable in light of all the
information presented.
(h) A plan or sketch of the location of the proposed pay telephone shall be prepared by the
applicant and furnished to the department at the time of application, showing all required
distances as outlined under subsections (a)—(d) of this section and in sufficient detail to
describe the proposed size, location (referencing the zoned street and monument line),
equipment and means of installation.
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-421. - Standards for maintenance, installation and operation of pay
telephones.
Pay telephones shall comply with the requirements of all applicable federal, state and local
laws, including the applicable provisions of the Americans with Disabilities Act of 1992 and the
accessibility guidelines published in accordance thereto and with the following standards:
(1) Pay telephone enclosures surrounding pay telephones shall not exceed eight feet in
height, four feet in width or four feet in depth.
(2) The design of all pay telephone enclosures, including signage, shall be subject to the
approval of the department of public works.
(3) Pay telephones shall be maintained in a neat and clean condition and in good repair
at all times.
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(4) Any permittee who fails to maintain its pay telephone in working condition shall be
given a 30-day written notice by the department to repair the pay telephone. If the pay
telephone is not in working condition at the end of the 30-day period after proper
notice is given, the department may revoke the permit and remove the pay telephone
from the street or sidewalk, in accordance with section 54-422
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-422. - Pay telephone permit revocation; removal generally and storage
costs.
(a) Upon receipt by the director of public works of a written complaint by a citizen or oral or
written communication from a representative of the police department, department of fire -
rescue, department of public works, neighborhood enhancement team (NET) service center,
or other city code enforcement personnel that a pay telephone fails to comply with the terms
of this article or other provision of the Code, as amended, including but not limited to, failure
to obtain a pay telephone permit, the director shall conduct an investigation into the
complaint.
(b) If the investigation referenced in (a) above finds substantial evidence that the pay telephone
fails to comply with the terms of this article or other provision of the Code, as amended, or if
the pay telephone provider fails to remit the annual permit fee within 60 calendar days of the
start of the permit year, in accordance with section 54-418, the pay telephone provider shall
be notified in writing that if the violation is not cured within 30 calendar days, any existing
permit issued by the department for the installation of the pay telephone may be revoked
and/or the pay telephone shall be removed by the city from the street or sidewalk.
(c) The pay telephone so removed shall be stored within a city facility. The city does not assume
any liability for damage to the equipment removed and stored pursuant to this subsection.
Any permittee whose pay telephone(s) has been removed and stored by the city pursuant to
this subsection may reclaim said pay telephone(s) after payment to the city of an
administrative fee of $75.00 plus storage costs, to compensate the city for costs incurred for
its removal and storage.
(Orr. No. 11937, § 2, 6-29-00)
Sec. 54-423. - Bonds.
(a) All persons submitting a request for a pay telephone permit shall file with their request bonds
solely for the protection of the city with a surety company or trust company or companies as
surety or sureties in the amount sufficient to protect the city from any and all damages or
costs suffered or incurred by the city as a result thereof, including but not limited to attomey'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
pay telephone permit issued in accordance herewith and thereafter until the permittee shall
have satisfied in full any and all obligations to the city which arise out of or pertain to the pay
telephone permit.
(b) None of the provisions of this section nor any bond accepted by the city pursuant hereto, nor
any damages recovered by the city thereunder, shall be construed to excuse the faithful
performance by or limit the liability of the permittee under this article or any pay telephone
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permit issued in accordance herewith or for damages either to the full amount of such bond
or otherwise.
(Orel. No. 11937, § 2, 6-29-00)
Sec. 54-424. - Indemnity and insurance.
(a) The city shall not at any time be liable for any injury or damage occurring to any person or
property from any cause whatsoever, arising from the use, operation or condition of the
permittee's pay telephone(s).
(b) The permittee shall indemnify, save and hold harmless and defend the city from all liens;
charges, claims, including but not limited to, libel, slander, invasion of privacy and
unauthorized use of any trademark, trade.name or service mark; demands; suits; actions;
fines, penalties; losses; costs, including but not limited to reasonable legal fees and court
costs including legal fees and court costs on appeal; judgments; injuries; liabilities or
damages, in law or equity, of any and every kind and nature whatsoever, arising out of or in
any way connected with the installation, operation, maintenance or condition of the
permittee's pay telephone(s) or the granting of the pay telephone permit. The granting of the
pay telephone permit is a separate and distinct consideration for the granting of this
indemnity.
Upon the granting of a pay telephone permit and at all times during the terms of the permit,
including the time for removal of facilities as provided for herein, the permittee shall obtain,
pay all premiums for, and file with the city's insurance manager written evidence of payment
for premiums and a certificate of insurance indicating that the following insurance policies are
in effect:
(1) A general comprehensive liability policy indemnifying, defending and saving harmless
the city, its officers, boards, commissions, agents or employees from any and all
claims by any person whatsoever on account of injury to or death of a person or
persons occasioned by the operations of the permittee under the pay telephone
permit herein granted, or alleged to have been so caused or occurred, with a
minimum liability of $500,000.00 combined single limit for personal injury or death.
(2) Property damage insurance, indemnifying, defending, and saving harmless the city, its
officers, boards, commissions, agents and employees from and against all claims by
any person whatsoever for property damage occasioned by the operation of permittee
under the pay telephone permit herein granted or alleged to have been so caused or
occurred, with a minimum liability of $500,000.00 combined single limit for property
damage.
All insurance policies called for herein shall name the city as additional insured and shall be
in a form satisfactory to the city's insurance manager and shall require 30 calendar 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 30 calendar days following
receipt by the city or the permittee of any notice of cancellation.
In lieu of the insurance policies as required and referenced in subsections (c) and (d) above,
the permittee may submit:
(1) A certification by a qualified independent actuary, acceptable to the city's insurance
manager, which indicates that permittee has established an "actuarially sound" self-
insurance program with adequate reserves and resources to provide coverage and
protection equal to or better than the requirements contained in subsections (c) and
(d) above; or
(c)
(d)
(e)
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(2) Other documentation and proof acceptable to the city's director of finance and
insurance manager which indicates that permittee has a self-insurance program with
adequate reserves and resources to provide coverage and protection equal to or
better than the requirements contained in subsections (c) and (d) above.
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-425. - Police powers.
Nothing in this article or in any pay telephone permit issued in accordance herewith shall be
construed as an abrogation by the city of any of its police powers.
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-426. - Transfers; assignments; subleases.
(a) The permittee shall not transfer or assign its interest in any permit issued in accordance
herewith, other than a general assignment of the permittee's entire assets or a pledge of the
assets as collateral on a loan, without the prior written authorization of the director,
department of public works. For the purposes of this section, a merger of consolidation of the
permittee with another company shall not be deemed a transfer or assignment. However,
written notice thereof shall be given to director of public works.
(b) The permittee shall, within ten calendar days, notify the city's public works director, in writing,
of any sublease, license, or other agreement it enters into with any person authorized to use,
lease or license any or all of the permittee's facilities and shall furnish the name, address and
telephone number of such sublessee, licensee or other user.
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-427. - Service of notice.
All notices required to be given to the city under any provision of this article shall be deemed
served when received through the U.S. Mail or delivered by hand in writing to the city's public works
director or to any person in charge of the department during normal business hours. Any notice
required to be given to a permittee under any provision of this article shall be deemed given,
whether actually received or not, if sent by U.S. registered or certified mail, return receipt requested,
postage prepaid, and addressed to the permittee at the address given in its most recently issued
permit
(Ord. No. 11937, § 2, 6-29-00)
Sec. 54-428. - No liability or warranty.
This article shall not be construed to create or hold the city responsible or liable for any
damage to persons or property by reason of any inspection or reinspection authorized herein or
failure to inspect or reinspect, nor shall the issuance of any pay telephone permit nor the approval
or disapproval of any installation authorized herein constitute any representation, guarantee or
warranty of any kind by., nor create any liability upon, the city or any official, agent or employee
thereof.
(Ord. No. 11937, § 2, 6-29-00)
Secs. 54-429-54-439. - Reserved.
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FOOTNOTE(S):
—
Editors note— Ord. No. 11937, adopted June 29, 2000, repealed the former Art. XI §§ 54-411-54-429. Section 2
of said ordinance enacted new provisions as set out herein. The former Art. XI pertained to similar subject matter
and derived from Code 1980, §§ 54-192-54-210; Ord. No. 11099, § 2, adopted Nov. 23, 1993; Ord. No. 11171, §
2, adopted July 26, 1994. (Back)
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Tab 3
337.408 - - 2012 Florida Statutes - The Florida Senate
Page 1 of 3
The Florida Senate
2012 Florida Statutes
TITLE XXVI
PUBLIC TRANSPORTATION
Submitted into the public
record for iterp(s) L ,1
on It/iL� (k . City Clerk
CHAPTER 337
CONTRACTING; ACQUISITION,
DISPOSAL, AND USE OF PROPERTY
VIEW ENTIRE CHAPTER
337.408 Regulation of bus stops, benches, transit shelters, street light poles, waste disposal receptacles, and
modular news racks within rights-of-way.—
(1) Benches or transit shelters, including advertising displayed on benches or transit shelters, may be installed
within the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided
that such benches or transit shelters are for the comfort or convenience of the general public or are at designated
stops on official bus routes and provided that written authorization has been given to a qualified private supplier
of such service by the municipal government within whose incorporated limits such benches or transit shelters
are installed or by the county government within whose unincorporated limits such benches or transit shelters
are installed. A municipality or county may authorize the installation, without public bid, of benches and transit
shelters together with advertising displayed thereon within the right-of-way limits of such roads. All installations
shall be in compliance with all applicable laws and rules, including, without limitation, the Americans with
Disabilities Act. Municipalities and counties that authorize or have authorized a bench or transit shelter to be
installed within the right-of-way limits of any road on the State Highway System shall be responsible for
ensuring that the bench or transit shelter complies with all applicable laws and rules, including, without
limitation, the Americans with Disabilities Act, or shall remove the bench or transit shelter. The department shall
have no liability for any claims, losses, costs, charges, expenses, damages, liabilities, attorney fees, or court costs
relating to the installation, removal, or relocation of any benches or transit shelters authorized by a municipality
or county. On and after July 1, 2012, a municipality or county that authorizes a bench or transit shelter to be
installed within the right-of-way limits of any road on the State Highway System must require the qualified
private supplier, or any other person under contract to install the bench or transit shelter, to indemnify, defend,
and hold harmless the department from any suits, actions, proceedings, claims, losses, costs, charges, expenses,
damages, liabilities, attorney fees, and court costs relating to the installation, removal, or relocation of such
installations, and shall annually certify to the department in a notarized signed statement that this requirement
has been met The certification shall include the name and address of each person responsible for indemnifying
the department for an authorized installation. Municipalities and counties that have authorized the installation of
benches or transit shelters within the right-of-way limits of any road on the State Highway System must remove
or relocate, or cause the removal or relocation of, the installation at no cost to the department within 60 days after
written notice by the department that the installation is unreasonably interfering in any way with the convenient,
safe, or continuous use of or the maintenance, improvement, extension, or expansion of the State Highway
System road. Any contract for the installation of benches or transit shelters or advertising on benches or transit
shelters which was entered into before April 8,1992, without public bidding is ratified and affirmed. Such
benches or transit shelters may not interfere with right-of-way preservation and maintenance. Any bench or
transit shelter located on a sidewalk within the right-of-way limits of any road on the State Highway System or
the county road system shall be located so as to leave at least 36 inches of clearance for pedestrians and persons in
wheelchairs. Such dearance shall be measured in a direction perpendicular to the centerline of the road.
(2) Waste disposal receptacles of less than 110 gallons in capacity, including advertising displayed on such
waste disposal receptacles, may be installed within the right-of-way limits of any municipal, county, or state
road, except a limited access highway, provided that written authorization has been given to a qualified private
supplier of such service by the appropriate municipal or county government. A municipality or county may
authorize the installation, without public bid, of waste disposal receptacles together with advertising displayed
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thereon within the right-of-way limits of such roads. Such waste disposal receptacles may not interfere with right
-of-way preservation and maintenance.
(3) Modular news racks, including advertising thereon, may be located within the right-of-way limits of any
municipal, county, or state road, except a limited access highway, provided the municipal government within
whose incorporated limits such racks are installed or the county government within whose unincorporated limits
such racks are installed has passed an ordinance regulating the placement of modular news racks within the right
-of-way and has authorized a qualified private supplier of modular news racks to provide such service. The
modular news rack or advertising thereon shall not exceed a height of 56 inches or a total advertising space of 56
square feet. No Iater than 45 days prior to installation of modular news racks, the private supplier shall provide a
map of proposed locations and typical installation plans to the department for approval. If the department does
not respond within 45 days after receipt of the submitted plans, installation may proceed.
(4) The department has the authority to direct the immediate relocation or removal of any bus stop, bench
transit shelter, waste disposal receptacle, public pay telephone, or modular news rack that endangers life or
property or that is otherwise not in compliance with applicable laws and rules, except that transit bus benches
that were placed in service before April 1, 1992, are not required to comply with bench size and advertising
display size requirements established by the department before March 1, 1992. The department may adopt rules
relating to the regulation of bench size and advertising display size requirements. If a municipality or county
within which a bench is to be located has adopted an ordinance or other applicable regulation that establishes
bench size or advertising display sign requirements different from requirements specified in department rule, the
local government requirement applies within the respective municipality or county. Placement of any bench or
advertising display on the National Highway System under a local ordinance or regulation adopted under this
subsection is subject to approval of the Federal Highway Administration.
(5) A bus stop, bench, transit shelter, waste disposal receptacle, public pay telephone, or modular news rack,
or advertising thereon, may not be erected or placed on the right-of-way of any road in a manner that conflicts
with the requirements of federal law, regulations, or safety standards, thereby causing the state or any political
subdivision the loss of federal funds. Competition among persons seeking to provide bus stop, bench, transit
shelter, waste disposal receptacle, public pay telephone, or modular news rack services or advertising on such
benches, shelters, receptacles, public pay telephone, or news racks may be regulated, restricted, or denied by the
appropriate local government entity consistent with this section
(6) Street light poles, including attached public service messages and advertisements, may be located within
the right-of-way limits of municipal and county roads in the same manner as benches, transit shelters, waste
disposal receptacles, and modular news racks as provided in this section and in accordance with municipal and
county ordinances. Public service messages and advertisements may be installed on street light poles on roads on
the State Highway System in accordance with height, size, setback, sparing distance, duration of display, safety,
traffic control, and permitting requirements established by administrative rule of the Department of
Transportation. Public service messages and advertisements shall be subject to bilateral agreements, where
applicable, to be negotiated with the owner of the street light poles, which shall consider, among other things,
power source rates, design, safety, operational and maintenance concerns, and other matters of public
importance. For the purposes of this section, the term "street light poles" does not include electric transmission or
distribution poles. The department shall have authority to adopt rules pursuant to ss.120.536(1) and 120.54 to
implement the provisions of this section. No advertising on light poles shall be permitted on the Interstate
Highway System. No permanent structures carrying advertisements attached to light poles shall be permitted on
the National Highway System.
(7) • A public pay telephone, including advertising displayed thereon, may be installed within the right-of-way
limits of any municipal, county, or state road, except on a limited access highway, if the pay telephone is installed
by a provider duly authorized and regulated by the Public Service Commission under s. 364.3375, if the pay
http://flsenate.gov/Laws/Statutes/2012/337.408 4/3/2013
337.408 - - 2012 Florida Statutes - The Florida Senate
Submitted into the public Page 3 of 3
record for ite s FL. I
on 1 U, City Clerk
telephone is operated in accordance with all applicable state and federal telecommunications regulations, and if
written authorization has been given to a public pay telephone provider by the appropriate municipal or county
government. Each advertisement must be limited to a size no greater than 8 square feet, and a public pay
telephone booth may not display more than three advertisements at any given time. An advertisement is not
allowed on public pay telephones located in rest areas, welcome centers, or other such facilities located on an
interstate highway.
(8) Wherever the provisions of this section are inconsistent with other provisions of this chapter or with the
provisions of chapter 125, chapter 335, chapter 336, or chapter 479, the provisions of this section shall prevail.
History.—s. 21, ch. 85-180; s. 61, ch. 94-237; s. 30, ch. 95-257; s. 63, ch. 96-323; s. 82, ch. 2002-20; s. 22, ch. 2004-
366; s. 11, ch. 2009-85; s. 37, ch. 2012-174.
Disclaimer. The Information on this system is unverified The joumak or printed bilk of the respective chambers should be consulted for official purposes.
Copyright 02000- 2013 Stale dFlorida.
http://flsenate.gov/Laws/Statutes/2012/337.408 4/3/2013
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Tab 5
October 17, 2012
Submitted into the public
record for item )
tatnt on City Clerk
)OHNNY MARTINEZ, P,E.
Gry Manager
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Guy Thomas Strempack
V ce'President and General Counsel
FirstAmencan Telecommunication Corp.
1800 W Broward Blvd, lst Floor
Ft Lauderdale, FL 33312
RE: . RENEWAL PAY TELEPHONE PERMIT STICKERS
PERMITTEE: FIRST AMERICAN TELECOMMUNICATION CORP.
Dear Mr. Strempack,
Enclosed are 93 permit renewal stickers (from # 001 to # 093) or the fiscal year 2012-2013.
Permittee shall place permit stickers over the existing stickers within 30 days of receipt of
this letter on the pay telephones as per the attached Pay Telephone Master'List.
Permittee shall maintain pay telephones in proper working order at all times and shall
ensure that pay telephones are free of graffiti, stickers, tape, advertising (only where
permitted), posters or other unrelated materials unless same is specifically permitted.
Permittee shall provide quarterly inspection reports to the Department of Public Works and
certified revenue statement in support•of the required revenue sharing contribution.
Thank you for your cooperation.
J i I tana, P.E.
C Cvi Engineer
Public Works Department
Enc: Pay Telephone Master List 2012-2013
c: file
DEPARTMENT OF PUBLIC WORKS
444 5: W. 2nd Avenue J Miami, FIa1dii 33130 / (305) 416-1200./ Eax: 4305) 416-1278
Mailing Address: P.O. Box-330708 Miami, -FL 33233-0708
302353
W2012
I $ *17.760.00
(2-tce_ioeJ b Clx.12),4“ t.rcrt -70-nreS- cetA
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Submitted into the public
record foj ite (s)
on City Cleik
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MOINE CRY OF MI* PUBLIC WORKS
-411101wo!,_ _
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0773177e88
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Tab 6
Submitted into the public
record f ite (s) i ?
on _It L I q . City Clerk
• •
Submitted into the pudic
J-01-171 record fo ite s)
5/10/01 01 4 4 9 on e I I, City C1er1�
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER,
WITH THE ASSISTANCE OF THE DEPARTMENT OP PUBLIC
WORKS, TO INITIATE, ADMINISTER AND EVALUATE A
ONE YEAR PILOT PROGRAM, LIMITED TO THE DOWNTOWN
DISTRICT, THE LATIN QUARTER DISTRICT AND THE
AREAS OF SOUTHEAST OVERTONE PARK WEST AND
LITTLE HAIT1 BOUNDED BY NORTHWEST 54" STREET
AND SECOND AVENUE, FOR STANDARDIZED MODULAR PAY
TELEPHONE ENCLOSURES ON PUBLIC RIGHTS -OF -WAY
WHICH PERMIT TWO SINGLE ADVERTISING PANELS
LOCATED ON OPPOSITE SIDES OF THE ENCLOSURES,
CONSISTENT WITH THE REQUIREMENTS OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
OTHER PERTINENT CITY RULES, REGULATIONS AND
POLICIES; FURTHER ACCEPTING A LETTER DATED
FEBRUARY 19, 2001, PROM FIRST AMERICAN
TELECOMMUNICATION CORPORATION, ATTACHED AS
"EXHIBIT A", IN WHICH THE CORPORATION AGREES TO
PAY THE CITY FIFTEEN PERCENT OF ADVERTISING
REVENUES IN EXCHANGE FOR THE PRIVILEGE OF
PARTICIPATING IN THE PILOT PROGRAM; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
WHEREAS, Sections 54-411 through 54-428 of the Code of the
City of Miami, Florida, as amended, provides uniform procedures
for the grant of permits for the erection, construction,
reconstruction, installation, operation, maintenance,
dismantling, testing, repair and use of pay telephones in the
City's public rights -of -way, to ensure conformance with the
AT IACLI .wuii 7 )
Cat,,r'W
CITY COMMISSION
MBtDt1G OF
MAY *.1i1
1
lwwW L lI i+u.
01-__149
i
Submitted into the public
record fo ite s
•
policies and procedures of the Florida Public Service
Commission (PSC), the revocation of pay telephone permits for
nonconformance of regulations and uniform compensation for the
cost of enforcement and administration of regulations; and
WHEREAS, as a component of an overall effort to promote the
revitalization and redevelopment of the City and to encourage the
reduction of visual blight, the City wishes to conduct a one year
pilot program to improve and standardize the appearance of pay
telephone enclosures on the public rights -of -way, in such a way
that these enclosures contribute to and do not unreasonably
detract from the appearance of the overall aesthetics of the
surrounding area; and
WHEREAS, the City Commission has identified the Downtown
District, the Latin Quarter District and the areas of Southeast
Overtown Park West and Little Haiti bounded by Northwest 54`b
Street and Second Avenue as the most suitable target areas for
the location of this pilot program; and
WHEREAS, the City recognizes that limited advertising may be
necessary to offset the increased costs of the new standardized
pay telephone enclosures and that solely for the purposes of this
one year pilot program, advertising consisting of two single
advertising panels located on opposite sides of the new
standardized enclosures shall be permitted as provided for
herein; and
Page 2 of 5
01- 449
• • Submitted into the publi
record fo item )
on
WHEREAS, First American Telecommunication Corporation (the
"Corporation") has noticed the City of its desire to participate
in the pilot program for pay telephone locationa that have been
properly permitted within the target areas in accordance with the
Code of the City of Miami, Florida, as amended, and other
pertinent City rules, regulations and policies; and
WHEREAS, the Corporation has voluntarily agreed to limit the
type of advertisements to be placed on the pay telephone
enclosures as shown on the letter from the Corporation to the
City dated February 19, 2001, attached as "Exhibit A"; and
WHEREAS, the Corporation has also agreed to pay the City
fifteen percent of its pay telephone advertising revenues for the
privilege of participating in the pilot program as specified in
attached "Exhibit A"; and
WHEREAS, the City has determined, and the Corporation has
agreed, that the color of the entire new standardized pay
telephone enclosures, including mounting hardware shall be
consistent with the color approved for Newsracks on the public
rights -of -way; and
WHEREAS, at the conclusion of this pilot program, the City
may consider the resulting recommendations for possible
amendments to Chapter 54, Article X1, of the Code of the City of
Miami, Florida as amended, entitled "Streeta and Sidewalks, Use
of the Public Rights -of -Way for Installation of Pay Telephones";
Page 3 of 5
City Clerk
oi- 449
• •
Submitted into the public
record fo9 item's)
on \ t,/ I I,%(ct . City Cle
NOW, THEREFORE, BE TT RESOLVED 8Y THE COMMT9SION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager, with the assistance of the
Department of Public Works, is authorized to initiate, administer
and evaluate a one year pilot program, limited to the Downtown
District, the Latin Quarter District and the areas of Southeast
Overtown Park West and Little Haiti bounded by Northwest 541-'4
Street and Second Avenue, including appropriate standards, for
the implementation of standardized modular pay telephone
enclosures which permit two advertising panels located on
opposite sides of the enclosures consistent with the provisions
of the Code of the City of Miami, Florida, as amended, and other
pertinent City rules, regulations and policies.
Section 3. A letter dated February 19, 2001, from Firet
American Telecommunication Corporation, attached as "Exhibit A',
in which the Corporation agrees to pay the City fifteen percent
of advertising revenues in exchange for the privilege of
participating in the pilot program is accepted.
Page 4 of 5
01- 449
anY
•
Submitted into the publi+�
record foF itenp(s
on /.
Section 4. The City Manager is authorizedif to execute
necessary documents, in a form acceptable to the City
Attorney, for said purpose.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this loth day of May , 2001.
JOE CAROLLO, MAYOR
In accedence with Miami Cods Sec. 2-313, since the Mayor did not indicate approval of
tidy to:Nation by signing it In the designated pia provided, said Jogialct=r
ATTEST : beonn s F4 feetivo with the Meow: of ten (10) ys Iho -i•,. • ems Issi
neardkip same, without the Mayor ti etcis
WALTER J. FOEMAN
CITY CLERK
APPRO .- % = Ts. FORM AND CORRECTNESS&
R LARELLO
ATTORNEY
W5103:YI4T:SSS
///
J_
alter J.
Clerk
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 5 of 5
01- 449
•
•
EXHIBIT Submitted into the public
record for its (s) F L .1.
on City Cie
SENT CERTIFIED MAIL 7000 0520 0017 9142 3106
City of Miami
Atm Mr. Carlos A. Gimenez, City Manager
444 SW rd Avenue Floor
Minim, In 33130
Lig: isipQ 1'ay Telecbone Kiosk
Dear Mr. Gimenez:
1 am writing to on behalf of First American Telecoraemaication Cotporatuoa regarding our
meeting with the City on 7113/01. As you are swats, First American has permitted and
installed Public Telephone Advertising Sign Kiosks in The City of Miami. The advertising
nusterislisignage that is currently placed on the kiosk's are from "national" companies coveting
clothing a accessories to financial organizations, etc. Pursuant to our discussions with your
stab First Atnt ricatt has .greed to limit the advertising as follows:
a) Only national or bail (Miami) companies will be displayed on the astoioswcs.
b) Fist American will not advertise events outside of Miami and its surrounding areas.
c) Fast American will not advertise Tobacco or Liquor on the enclosures.
d) airs American will work with the City to control content if movie advertisements are
placed on the enclosure.
e) First American will allow the City to post events. pubes service rttessagC5. etc• at a
designated area inside the enclosure. iS%
Ia ac}ditioa. First American will comupersate the City at a commission of e of theadvertising
revenue above and beyond all fees stipulated in the Ordnance regulating pay telephones on the
City right of way.
If you have any questions or concerns. please feel free to contact me at the above address,
phone or e-mail.
-n...,.a;r,, ,war to %O,,•-•teve •U.•w.•ri wwnl.o,a,r w oror inletl{(1Ou"
N'3Id310 1S6I3 b1ri.rLSP66
cisv w ah. T
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission
Carlos A. Gimenez
City Manager
RECOMMENDATION;
APr� i 7 . 74.
Pay Telephone
Pilot Program
21
Submitted into the public
record fo ite (s) , f (,
on II/ q . City Clerk
It is respectfully recommended that the City Commission adopt the attached resolution
authorizing the Director of the Department of Public Works to initiate. administer and
evaluate a one year pilot program, including appropriate standards, for the
implementation of standardized modular pay telephone enclosures which permit two
advertising panels located on opposite sides of the enclosure consistent with the terms of
this resolution. the Code of the City of Miami, Florida. as amended, and other pertinent
City rules, regulations and policies, limited to the Downtown and Latin Quarter Districts
and ending on March 31, 2002.
BACKGROUND:
The City Commission approved Ordinance No. 11937. adopted June 29.2000, to provide
for uniform procedures relating to the granting of permits for the construction,
installation, operation and maintenance of pay telephones in the City's Public Rights -of -
Way. to ensure conformance with the policies and procedures of the Florida Public
Service Commission (PSC) as it relates to pay telephones, to provide for the revocation of
pay telephone permits for nonconformance with the ordinance, and to provide for uniform
compensation for the cost of regulation and administration of the ordinance. As a
component of an overall effort to promote the revitalization and redevelopment of the
City and to encourage the reduction of visual blight, the City has identified a need to
conduct a one year pilot program to improve and standardize the appearance of pay
telephone enclosures on the public rights -of -way, in such a way that these enclosures
contribute to and do not unreasonably detract from the appearance of the overall
aesthetics of the surrounding area. The Downtown and the Latin Quarter Districts have
been identified as the most suitable target areas for the location of this pilot program.
Limited advertising may be necessary to offset the increased cost of the new standardized
pay telephone enclosures and that solely for the purposes of this one year pilot program,
this advertising would consist of two single advertising panels located on opposite sides
•
of the new standardized enclosure: " "
pi- 449
•
The Honorable Mayor and
Members of the City Commission • •
Pay Telephone Pilot Program
Page 2
•
First American Telecommunication Corporation has informed the City of their desire to
participate in this pilot program for pay telephone locations that have been properly
pennitted within the target areas in accordance with this Resolution, the Code of the City
of Miami, Florida, as amended, and other pertinent City rules, regulations and policies.
Additionally, the Corporation has voluatmiiy a gored to limit the type of advertisements to
be placed on the pay telephone enclosures as stated hi a letter from the Corporation to the
City dated February 19, 2001, has agreed to pay the City fifteen percent (OS%) of their
pay telephone advertising revenues for the privilege of participating in the pilot program,
and has agreed that the color of the entire new standardized pay telephone enclosure,
including mounting hardware, shall be consistent with the color approved for Newsracks
on the public rights -of -way.
At the conclusion of this pilot program, the City may consider the resulting
reconunendatians for possible revision of C2rapter S4, Article XI, of the Code of the City
of Miami, Florida as amended, entitled "Streets and Sidewalks, Use of the Public Rights -
of -Way for Installation of Pay Telephones".
•
01- 449