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Submittal-Estrellita Sibila-Information Packet from first American Telecommunications
Fir r American l TYIOCommunfc�:IOns First American Telecommunications Corporation "Supplying the best in public communications since 1986" 1800 W Broward Blvd, Fort Lauderdale, FL 33312 Submitted into the publ'c record f r it m(s) i on City Clerk 3ci I9- J�1D�Y���tl�- [-5t(f 1`1tA c�1e\A-1`(��01i�1,}�0� Qatlnti Tt6,MC�(S11iMQncaA It12[o,Mmna��ca�ia,ns r r M J �i e _�IL Submitted into the public_1 � record f it s) V1. L "n City Clerk w i 1A Gen 2nd Gen Yd Gen 411, Gen 511k Gen ❑ Public phones in Miami have continuously undergone innovation through the years, morphing from a basic rotary dial model - into a modern smart communications device that provides free public access to both Emergency and Toll Free Numbers - on a 24/7/365 basis. ❑ Today's newest phone kiosks in Miami is the "first of their kind" eco -friendly lighted, solar powered, stainless- steel units, displaying an array of PSAs and commercial messaging for general public consumption. ❑ Miami now has the opportunity to have a truly intelligent touch screen smart kiosk providing free calls and free wifi to the public, along with other benefits 911 511 *It MIAM u 4 GHI 7 PARS a 2 ABC 5 JKL s TUV 0 + Call 3 DEF 6 MNO 9 WXYZ FIRST AMERICAN TELECOMMUNICATIONS -;'ubC om2: Main Capabilities Fast FreeI W'rFi ^ BRICKELLQ f pubke W61 © gl ,,,,,c.._„a .: A. Wifi Icons Easy b ho phone d sr'� icdr pkn M help _ �� which in ¢ro Wi . asY'^aPW^g ^ WiFi Calling ^R4600CF1 � i People who use w kiosk can take a selfie what wa cell "Grwpra picaeec in Alk. s saner to hn—lytalogy using microphones phonal end sound —lytics. . � � Detecu gunshots end much mons. ......�. + y.` Allows you to much the loam to interact sdlh the kosk. Easy m w e w follocity rnap above phone Pad for easy reference. ee Calling Maps wpin for' :. Pmwd. mopping city of Miami. Easy bQ hone. R*lh r wetmphone. Transit Information ` Bus routes, treff. info dynamically y dnpleyed rm savers. Easy touchscreen pad for calling locally, nationally and intemetionally. Transit Updates y ' City News — r--�tt IJ I for beck ha. Fiber tow kiosk ul Air fiber with licensed spectrum m w kimk u Alkwn you to haw cenualtasd pednerg = for back haul. I senting wM w ability to updan reaps using real time date. 911 511 *It MIAM u 4 GHI 7 PARS a 2 ABC 5 JKL s TUV 0 + Call 3 DEF 6 MNO 9 WXYZ GENERATION 2 PHONE KIOSK DEPLOYMENT PROJECT FIRST AMERICAN TELECOM 15 SOUTHEAST 10th STREET City of Miami MIAMI DADE COUNTY, FLORIDA INDEX OF PLANS SHEET NO. SHEET DESCRIPTION swtma y.bh Ns,1 •rW 0 0 sw 111,G • 9w 114% s, y�y , 9w,Na 01 KEY SHEET 02 PHONE KIOSK FEATURES AND FUNCTIONS 03 PHONE KIOSK SPECIFICATIONS 04 PHONE KIOSK CONSTRUCTION DETAILS 05 PHONE KIOSKS DEMOLITION PLAN 06 PHONE KIOSK LOCATIONS 07 SERVICE POINT LOCATION 08 SERVICE POINT DETAILS 09 PHONE KIOSK # 1 LOCATION 10 PHONE KIOSK # 1 SCOPE OF WORK 11 PHONE KIOSK # 2 LOCATION 12 PHONE KIOSK # 2 SCOPE OF WORK 13 NOTES & SPECIFICATIONS 14 FOUNDATION STRUCTURAL DETAILS NOTE; THE SCALE OF THESE PLANS MAY HAVE CHANGED DUE TO REPRODUCTION. {bw,- O f 'j �A d Mau �� CBWDIOIrt j O • E4~ A{/ 3 � w $t 9N9 O09M tlf l 0r 111 • Qurw, t O Submitted into the public record fir it fin i I PROJECT LOCATION WILLIAM PING, P,E. MAIN STREET ENGINEERING, INC 9350 SOUTHWEST 72nd STREET SUITE 105 MIAMI, FLORIDA 33173 PH. (305) 666-7450 PLANS PREPARED BY: 41 R Od Q3 0 0 0 2 a oe o N M,ami Florida TN.: (305) 666-7450 . F— (305) 668-2450 CERTIFICATE OF AUTHORIZATION #8731 01 Qr rrrn w+1, � e • @_ •�- 3 � 10 Q ®...�...... S �.r�rro.ry ® C s 4 w -w. � SNNea sw 10 sw 91h s1 • .c.H.a...aero it&—i� :Q swtma y.bh Ns,1 •rW 0 0 sw 111,G • 9w 114% s, y�y , 9w,Na 01 KEY SHEET 02 PHONE KIOSK FEATURES AND FUNCTIONS 03 PHONE KIOSK SPECIFICATIONS 04 PHONE KIOSK CONSTRUCTION DETAILS 05 PHONE KIOSKS DEMOLITION PLAN 06 PHONE KIOSK LOCATIONS 07 SERVICE POINT LOCATION 08 SERVICE POINT DETAILS 09 PHONE KIOSK # 1 LOCATION 10 PHONE KIOSK # 1 SCOPE OF WORK 11 PHONE KIOSK # 2 LOCATION 12 PHONE KIOSK # 2 SCOPE OF WORK 13 NOTES & SPECIFICATIONS 14 FOUNDATION STRUCTURAL DETAILS NOTE; THE SCALE OF THESE PLANS MAY HAVE CHANGED DUE TO REPRODUCTION. {bw,- O f 'j �A d Mau �� CBWDIOIrt j O • E4~ A{/ 3 � w $t 9N9 O09M tlf l 0r 111 • Qurw, t O Submitted into the public record fir it fin i I PROJECT LOCATION WILLIAM PING, P,E. MAIN STREET ENGINEERING, INC 9350 SOUTHWEST 72nd STREET SUITE 105 MIAMI, FLORIDA 33173 PH. (305) 666-7450 PLANS PREPARED BY: 41 R Od Q3 0 0 0 2 a oe o N M,ami Florida TN.: (305) 666-7450 . F— (305) 668-2450 CERTIFICATE OF AUTHORIZATION #8731 01 Submitted into the public record 1► 9 0) W N LL Z Z Y o 001— QY2 KUjI W iQQz 00.4 GENERATION 2 PHONE KIOSK's FEATURES & FUNCTIONS R TNephone Way Flndkq Fns pAW ivWo ww w wks wywhws In go Lk Stvm 6 caraft provide nmppkp of Yarn cltY / brdidkq an the kl=k scnran and avert lo Your phOM Wrl Fns pubUc WIFI UK Charging pymantic piaplays Charge tha Wwm on a w pw4Mt seam chwpkq sWJM Wkalaw and Wired COMM Ofsplays Info matlon about transk, events, local bu wu sed ware, Touch Sawn kwpact a" mom reslwArt much aaews Sawn 4 0M hNMly. Endrmema "Sema Suns local smi m-rAw for pardaAge mattw, gsw bworraft Munn, bnwwatum. 0 1 ~J = LL 8 w w_ video swv ws Allow You tofu departwunt m have aonN to 4 naw canrwes per kkaak cwi LWW Pwk mn NO dWw bw scam which dawn an e%Clwmh d@WW meq of the kiosk N lu wmU N SCO R d ih surrtaaldlrla area �_ W Photo Soo" Can take a -AW aa inollpM' picbrrN In 41L Photae tan be sent via tMR or enalL Tramk ink Mn fumes, tMflc kdb dy m*Aiy dhw*W on semens N wad an I tags ted ha out a m cudwe dr4sho d mobke app for tla city .M SAW Flax flim vola paha nounbd on rod of ur k. wrz 1 7 Errrargawcy Ca" kftrvrrtbn and provads amargmncy to UM by meant d a physical daph" wmttwr Jj02 wwgwrcy bukeypad and s vl rbrsl button on 0w tooth sc rswt a x O T— 51.00 Submitted into the pub 'c record I-�t, 11 n(s) GENERATION 2 PHONE KIOSK's SPECIFICATIONS The unit consists of a weather and vandal resistant free standing enclosure designed to comply with the Florida Building Code and other applicable codes including the National Electrical Code. The unit has been designed to withstand winds 180 MPH. The unit's main components are: one (1) telephone tablet, two (2) interactive video touch screens, four (4) cameras, one (1) AC unit, one (1) CPU, one (1) Wi—Fi transmitter and other supportive components. 9 W z moa � Y U �WLL W o w (D (L W R LL WW L) ��x WWW U W mom V aS W v- aEWE d LL � N 03 Submitted into the public 1;',t Submitted into the public record f r it m(s) S1, on City Clerk 05 SCOPE OF WORK: , rE► - 1. REMOVE EXISTING PHONE KIOSK # 1 AND EXISTING PHONE KIOSK # 2. L TV 2. REMOVE EXISTING FOUNDATION. 1 i 6j � EXISTING � I /� r PHONE KIOSK # EXISTING ' ) rQ I TO BE REMOVED PHONE KIOSK # 2 / LL f l' LINE — — —j — --- — — TO BE REMOVED 1 •/ �� e� � r f FPL POLES �� ®� STA. 16+93.341 g 19 w 41'-10" S.E. 10th Street 0 IN vi ,. it ,. -� _— f7YP.1 R/W LINE 1 EXI&TNG CONCRETE ° ° o Q I EXISTING CONCRETE I P?(D &FOUNDATION T E REMOVED & REPAIRED f PAD & FOUNDATION % % a C, u� E I TO BE REMOVED & REPAIRED r i 12f W U Zp Pw =IL � N a�CnW N m N d LL R n 05 Submitted into the public record f�ite l(s) - .11 11�; k a 0 a 0 x �a aui 9 �m (no- Lu na W UU j W W W vw�$ N_ a�7w N y m N dLL�� 06 21 GENERATION 2 a I J I GENERATION I PHONE KIOSK # 2 PHONE KIOSK#I1 R/W LIME I _ r — -. • �J J� l -FPL POLES = _ r I STA.Id;95zi 17 L �✓ 41'-10" f 133'-8" - - - r� _ S.E.,O,h Street r WTE (TYP.) R/W LINE r 0 a 0 x �a aui 9 �m (no- Lu na W UU j W W W vw�$ N_ a�7w N y m N dLL�� 06 GENEI PHONE Submitted into the public record for ite s) on I I1/TE (TYP.) R/W LINE I I I I I / LEGEND 2#8 RHW, 1#8 GRD IN 1-1/4" PVC SCHED 40 CONDUIT BURIED 36" UNDER GREEN AREA NEW GENERATION PUBLIC PHONE KIOSK, 120 VOLTS, 22 AMPS METERED SERVICE POINT — 120/240 VOLTS, 60 AMP DISCONNECT W (2) 30 AMP FUSES I Clerk r` VSFORME NO FPL POL Ta. I8;93.34 L POLE z 0 (o H J N z J 0 (L �W j wV) W 0 = J W LL W U Jy Z~ W W Q W W Wz Rr aciLU x i mw N m N a. 07 91 a� E mw - 17. iur- .a � n eLLml SER VICE POIN T DETAIL Submitted into the public record fo it n(s) �Z,___ on City Clerk SCOPE OF WORK: THE SCOPE OF WORK CONSISTS OF THE POWER SERVICE AND INSTALLATION OF A FREE STANDING SERVICE POINT THAT WILL INCLUDE THE FPL METER AND A MAIN DISCONNECT. THE MAIN DISCONNECT SHALL FEED TWO (2) GENERATION 2 PHONE KIOSKS AT THE LOCATIONS INDICATED ON THE PLANS. EACH PHONE KIOSK SHALL HAVE AN INTEGRAL LOCKABLE AND ACCESSIBLE DISCONNECT. 70 fa POE FPL METER LOCATED CIRC. / DESCRIP 7701V FEEDER POLE/AMPS LOAD NEXT TO FPL POLE I PHONE KIOSW 1 2 /8, 1 /8 GR 1P-30 AMPS 2607 WATTS 2P -JO AMP. FUSES 78K AIC RA 7ED MAIN FEEDER .• J/8 2 PHONE KIOSK 2 2 /8, 7 /8 CR IP -JO AMPS 2600 WATTS NEMA 4X ENCLOSURE TOTAL LOAD 5200 WATTS = 22 AMPS J / B RHW INSULA 7ED MIRES IN 2' RIGD METAL CONDUIT TO FPL PULL -BOX. RISER AND MOUN77NO AS PER POMER COMPANY INS77?UCBOVS LEAW 10 FT. OF 5ZAO( IN MIRE FOR CCWNECBCW BY POMER COMPANY 120124Dmt r SERMCE. ___( ELECTRICAL FPL MEIER 2 POE JO AMP FUSES 14000 AIC RA TEO CLT/ RNW INSULA 7ED WIRES IN NEUTRAL - 1-1/4' PIC OP RGS GROUAO - CYNIDWT ( YCAL) OCr 2 AS hNOIC:1 MD ON PLANS NEUTRAL- GROUNO J OF B RNW INSULA 7ED BOND s mw N9DE CyNIDWT (rwwAL). 120 V / 240 V SINGLE PHASE SERWCE (J-ww) ENCLOSURE, BOND GROUND MIRE. SOLID NEUTRAL BAR AND INCOWING NEUTRAL MIRE 7O BECCWNEC7ED TOGETHER AND GROUNDED IN EAR7H W7H 7HREE (J) SUB' X 20' LONG GROUND RODS (MINIMUM OF 10 FT. BETWEEN !%FOUND Roos), DO NOT GROUND NEUTRAL AT ANY 07HER LOCA BCW. 60 AMP. 240 V. HEAVY DUTY DISCONNECT I / B GROUND CONDUCTOR 1HREE (J) J/4' X 20' LONG CROWD MWS Or GROUNDING ELECTRODE FOR EACH SERWCE PGNT. WIRING SCHEMATIC FOR LOAD CENTER W U C W V% J U LU C U ~ W W n H� = LL w W UU J � LU LU LU w� H Uw7S 3W U� V N m N 6 LL r 08 _ 40 !'bpitted into the rub is rccord fo itc (s — on — City Clerk t 4 a .F. 7._7- now 48" 60" SIDEWALK 38" ... ... 4z - GREEN AREA 40" 82" 24" GENERATION 2 PHONE KIOSK # 1 38" X 20" X 96" H NCIH CONCRETE PAD 1 7 S.E. 10th STREET 01 LLJ Q Q /0 c 7'-7" 17'-10" Submitted into the publ• record f it (s) y1, Z on �. City Clerk SCOPE OF WORK: 'T. INSTALL NEW FOUNDATION (REFER TO FOUNDATION DETAIL SHEET). INSTALL A Y" DIA CONDUIT FROM FOUNDATION TO ADJACENT PULLBOX. 2. INSTALL A 5/8" DIA X 20 FT L COPPER GROUND ROD INSIDE PULLBOX. 3. INSTALL THE NEW CONCRETE PAD UTILIZING AS MUCH AS POSSIBLE OF THE EXISTING CONCRETE PAD. 4. INSTALL WIRING FROM PULLBOX TO TOP OF THE FOUNDATION. 5. INSTALL THE NEW GENERATION 2 PHONE KIOSK # 1. 6. CONNECT WIRING TO PHONE KIOSK'S MAIN DISCONNECT GENERATION 2 PHONE KIOSK # 1 38" X 20" X 96" H PERRICONE'S PARKING R.O.W. �- > w f w i 48" 1 60" \ PULL W GRD 38" 42" 40" / 82 / 24- 17'- 10" 4" SIDEWALK 9I � Y TO SERVICE POINT N Y o GREEN AREA za' ;URB a Ui L W i O F � ZJ S.E. 10th STREET NEW CONCRETE PAD1 7 W IL�T.W Uwcr H t1WaS �_ 1HV W RE al sEn n+ar 01 ILI , y -"4qqa ALLEN MORRIS BRICKELL PARK SIDEW4LK 60" Submitted into the public record: AIrS) 'L on 7, V 'Q . 6 ....... ... GREEN AREA3„ mrmr MCI 28 NEW CONCRETE PAI} GENERATION 2 PHONE KIOSK # 2 r. f) . : : -. ,-. „ , . .-. — „ SIDE 23'-10" S.E. 10th STREET Submitted into the public record fol item(s) I,__ on City Clerk PERRICONE'S ALLEN MORRIS BRICKED PARK R.O.W. ELECTRICAL S I D E VL' L K i a SCOPE OF WORK: 1. INSTALL NEW FOUNDATION (REFER TO FOUNDATION DETAIL SHEET). INSTALL A 1" DIA. CONDUIT FROM FOUNDATION TO ADJACENT PULLBOX. 2. INSTALL A 5/8" DIA X 20 FT L COPPER GROUND ROD INSIDE PULLBOX. J 3. INSTALL THE NEW CONCRETE PAD UTILIZING AS MUCH AS POSSIBLE OF THE EXISTING CONCRETE PAD. Q 4. INSTALL WIRING FROM PULLBOX TO TOP OF THE FOUNDATION. 5. INSTALL THE NEW GENERATION 2 PHONE KIOSK # 2. O "l 6. CONNECT WIRING TO PHONE KIOSK'S MAIN DISCONNECT �+ PERRICONE'S ALLEN MORRIS BRICKED PARK R.O.W. TO SERVICE POINT — — r4 REEN AREA NEW CONCRETE PAD GENERATION 2 PHONE KIOSK # 2 38" X 20" X 96" H 60" 38" .. 31 SIDEWALK 23'-10" S.E. 10th STREET 9-9" F� 0 J N N � ZY y O Q Y FW azo LU 0 W W K fCSW t1 � IL 71 J W �IL 0 ") d a 01 3 ELECTRICAL S I D E VL' L K '0PULL G DBROD TO SERVICE POINT — — r4 REEN AREA NEW CONCRETE PAD GENERATION 2 PHONE KIOSK # 2 38" X 20" X 96" H 60" 38" .. 31 SIDEWALK 23'-10" S.E. 10th STREET 9-9" F� 0 J N N � ZY y O Q Y FW azo LU 0 W W K fCSW t1 � IL 71 J W �IL 0 ") d a 01 3 NOTES & SPECIFICATI❑NS 1. ALL WORK SHALL BE DONE IN FULL ACCORDANCE WITH THE LATEST EDITION OF THE NATIONAL ELECTRIC CODE (N.E.C.), FLORIDA BUILDING CODE (F.B.C.), ALL APPLICABLE STATE AND LOCAL CODES AND THE LOCAL UTILITY COMPANY REQUIREMENTS. 2. ALL WORK SHALL BE PERFORMED BY LICENSED ELECTRICAL CONTRACTOR IN A FIRST-CLASS WORKMANLIKE MANNER. THE COMPLETED SYSTEM SHALL BE FULLY OPERATIVE AND ACCEPTED BY THE E.O.R. 3, THE CONTRACTOR SHALL GUARANTEE ALL MATERIALS AND WORKMANSHIP FREE FROM DEFECTS FOR A PERIOD OF NOT LESS THAN ONE YEAR FROM THE DATE OF FINAL ACCEPTANCE. 4. CORRECTION OF ANY DEFECTS SHALL BE COMPLETED WITHOUT ADDITIONAL CHARGE AND SHALL INCLUDE REPLACEMENT OR REPAIR OF ANY OTHER PHASE OF THE INSTALLATION WHICH MAY HAVE BEEN DAMAGED THEREBY. 5. THE CONTRACTOR IS EXPECTED TO FURNISH AND INSTALL ALL ITEMS FOR A COMPLETE SYSTEM AND PROVIDE ALL REQUIREMENTS NECESSARY FOR EQUIPMENT TO BE PLACED IN PROPER WORKING ORDER. 6. ALL REQUIRED INSURANCE SHALL BE PROVIDED FOR PROTECTION AGAINST PUBLIC LIABILITY OF PROPERTY DAMAGE FOR THE DURATION OF WORK. T THE CONTRACTOR WILL SUBMIT PLANS TO THE CITY OF MIAMI PUBLIC WORKS DEPARTMENT AND PAY THE ASSOCIATED PERMITS FEES. THE CONTRACTOR IS RESPONSIBLE TO PROVIDE ADDITIONAL INFORMATION AS NEEDED BY THE PUBLIC WORKS WORKS DEPARTMENT TO PULL THE PERMIT. B. ENDS OF CONDUITS SHALL BE SEALED WITH POLYURETHANE FOAM AFTER WIRING IS COMPLETE. FOAM SEAL SHALL NOT BE USED AS A MEANS TO PROTECT CONDUCTORS FROM ABRASION IN RACEWAYS. GALVANIZED RIGID METAL CONDUIT SHALL HAVE PROPER FITTINGS TO PROTECT CONDUCTORS FROM ABRASION. 9. SPLICES AND CONNECTIONS MADE IN PULL BOXES SHALL BE PROPERLY TAPED AND HEAT SHRINK TUBES OR CAPS SHALL BE USED TO WATERPROOF THESE CONNECTIONS. 10. ALL MATERIAL SHALL BE NEW AND SHALL BEAR THE UNDERWRITER'S LABELS WHERE APPLICABLE. 11. ALL ELECTRICAL CONDUCTORS SHALL BE COPPER, ALL INSULATION SHALL BE TYPE RHW-2. 12. UNDERGROUND CONDUIT SHALL BE PVC SCHEDULE BO ELECTRICAL. A THWN BOND WIRE MUST ALSO BE INSTALLED IN EACH CONDUIT EXCEPT SPARE CONDUIT AS INDICATED ON THE PLANS. BOND WIRE IS REQUIRED REGARDLESS OF CONDUIT MATERIAL. 13. LOCATION OF EXISTING EQUIPMENT 8 CONDUIT IS DIAGRAMMATIC ONLY. ACTUAL LOCATIONS SHALL BE VERIFIED BY CONTRACTOR PRIOR TO INSTALLATION. 14. WHERE TRENCHES OR OTHER EXCAVATIONS ARE MADE IN AREAS OF EXISTING ROADWAYS OR WALKWAYS, OR WHERE SURFACE TREATMENT OF ANY KIND EXISTS, RESTORE SUCH SURFACE TREATMENT TO THE SAME THICKNESS AND IN THE SAME KIND AS PREVIOUSLY EXISTED (EXCEPT AS OTHERWISE INDICATED) AND TO MATCH AND TIE INTO THE ADJACENT AND SURROUNDING SURFACES. 15. UNDERGROUND CONDUIT SHALL BE INSTALLED WITH MIN 24' OF COVER IN GREEN AREAS AND 36' UNDER PAVEMENT OR SIDEWALKS, THIS NOTE SUPERSEEDS ANY OTHER NOTE ON THE PLANS. 16. CONTRACTOR SHALL INSTALL A PULL STRING IN ALL EMPTY CONDUITS AND INCLUDE TAGS IDENTIFYING USE AND OR DESTINATION. Su' 1mitted into the public recoid f,XitQS� o 17. CONTRACTOR SHALL PROVIDE ALL EQUIPMENT AND MATERIAL NECESSARY FOR A COMPLETE AND OPERATIONAL INSTALLATION INCLUDING BUT NOT LIMITED TO: -CONDUIT -WIRE (IF SCHEDULED FOR PARTICULAR SYSTEM) -RACEWAYS -DISCONNECT SWITCHES -PULL BOXES -WIREWAYS, ETC... -OTHER ELECTRICAL APPURTENANCES 18. CONTRACTOR SHALL COORDINATE AND PARTICIPATE IN FINAL OPERATIONAL TESTING OF ALL SYSTEMS. 19. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO COORDINATE THE EXACT LOCATION OF THE NEW SERVICES POINT OF CONNECTION WITH FPL AND THE E.O.R. AND PROVIDE ALL EQUIPMENT, MATERIAL, AND LABOR NECESSARY FOR THE HOOK-UP CONNECTION TO THE UTILITY COMPANY. 20. LOCATION AND ROUTING OF NEW CONDUITS IS APPROXIMATE. THE CONTRACTOR SHALL COORDINATE THE FINAL LOCATION AND ROUTING OF CONDUITS WITH THE EOR. CONDUIT ROUTES SHALL AVOID CONFLICTS WITH EXISTING BURIED UTILITIES AND OTHER OBSTRUCTIONS. SIGNIFICANT OR MATERIAL CHANGE TO CONDUIT ROUTING SHALL REQUIRE THE APPROVAL OF THE EOR. 22. LOCATE PULLBOXES IN ACCESSIBLE, SODDED, PLANTED, OR PAVED AREAS AS APPROVED BY EOR, COORDINATE LOCATIONS WITH SIDEWALKS, AND OTHER STRUCTURES. 26. THE CONTRACTOR SHALL USE CAUTION AND BE SOLELY RESPONSIBLE TO LOCATE OF ALL EXISTING BURIED UTILITIES OR SYSTEMS PRIOR TO COMMENCING ANY EXCAVATION, EMPLOY AN UNDERGROUND SERVICE LOCATOR FIRM TO ENSURE THAT EXISTING UNDERGROUND UTILITIES ARE ACCURATELY LOCATED AND THAT THEY WILL NOT BE DISTURBED, AT NO ADDITIONAL COST, CONTRACTOR SHALL REPAIR ANY DAMAGE TO EXISTING UTILITIES OR SYSTEMS WHICH OCCUR AS A RESULT OR OPERATIONS PERFORMED UNDER THIS CONTRACT. REPAIRS SHALL BE MADE USING MATERIALS AND METHODS TO MATCH EXISTING CONSTRUCTION AND SHALL BE APPROVED BY OWNER PRIOR TO RE-COVERING. 23. TRANSITION TO ABOVE GRADE FROM UNDERGROUND; PVC TO METAL CONDUIT CONNECTIONS SHALL BE MADE WITH SPECIAL PVC FITTINGS TO A RIGID GALVANIZED STEEL CONDUIT (RGS) ELBOW BELOW GRADE. ALL UNDERGROUND CONDUIT SHALL BE BITUMINOUS COATED. 24. THE MINIMUM BEND RADIUS FOR ALL UNDERGROUND CONDUITS SHALL BE B TIMES THE INTERNAL CONDUIT DIAMETER. 25. ALL EXPOSED CONDUITS SHALL BE PRIMED AND PAINTED TO MATCH SUBSTRATE. 26. ALL CONDUITS SHALL BE INSTALLED USING NARROW TRENCHES TO MINIMIZE DAMAGE TO EXISTING UTILITIES. 27, ALL CONDUIT TRENCHES SHALL BE BACKFILLED COMPLETELY TO PROVIDE SAFE CROSSING BY THE END OF EACH WORKING DAY. THE CONTRACTOR SHALL NOT OPEN ANY AREA THAT CAN NOT BE BACKFILLED IN THE SAME DAY OPERATION. BACKFILL AND COMPACTION SHALL BE IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. 28. THE CONTRACTOR SHALL NOTIFY FLORIDA POWER AND LIGHT CO. AT LEAST 48 HOURS PRIOR TO ANY INSTALLATION THAT IS WITHIN 10 FEET OF ENERGIZED ELECTRICAL CONDUCTORS. FLORIDA POWER AND LIGHT CO. FPL (AT ITS OPTION), MAY ASSIST THE CONTRACTOR, COVER UP ENERGIZED CONDUCTORS AT INSTALLATION SITE, OR TAKE OTHER SAFETY PRECAUTIONS AS NECESSARY. EXTREME CAUTION SHALL BE EXERCISED AT ALL TIMES IN PERFORMANCE OF WORK AROUND THE PRIMARY HIGH VOLTAGE COMPONENTS. 29. PULL BOXES, JUNCTION BOXES AND ALL ELECTRICAL WORK SHALL MEET ALL REQUIREMENTS OF THE LATEST EDITIONS OF THE NATIONAL ELECTRICAL CODE, THE NATIONAL ELECTRICAL SAFETY CODE AND THE STATE OF FLORIDA DO T. STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. ALL COMPONENTS SHALL BE PROPERLY GROUNDED AND BONDED PER N.E.C. REQUIREMENTS. 30. THE CONTRACTOR MUST BE CAUTIOUS WHEN WORKING IN OR AROUND AREAS OF OVERHEAD TRANSMISSION LINES OR UNDERGROUND UTILITIES. 31, IT IS NOT THE INTENTION OF THESE PLANS TO SHOW EVERY MINOR DETAIL OF CONSTRUCTION. THE CONTRACTOR IS EXPECTED TO FURNISH AND INSTALL ALL ITEMS FOR A COMPLETE ELECTRICAL SYSTEM. 32. DRIVEWAY CROSSING SHALL BE ACCOMPLISHED BY MEANS OF DIRECTIONAL BORING. CONTRACTOR SHALL INSTALL A PULL BOX AT EACH SIDE OF THE DRIVEWAY xrr Mian 13 Submitted into the public Cft OF .M1A.'MI 4�tl1l _pIP %oql AMO omftww Y1n jam KtcTvjc PC T� Pq MOWR „ "ww x6fwww CM0 SWFS -YLQWft EsPOOMAiAwra. Submitted into the pub Ze _ record f r ite (s) L 7 on City Clerk tTom cros1Rltmm VIELM FMWT Amx ,%TKn N wm g 1U S "+M;MICSItA P %on* rev A~Xars #m,sy _ Ow VON tawwd"D vt M,2 T" lr . 9&"* wwPr4m4Pwwww mm r caffem" mw* "O*wwNWOF.& [LCGTW W. � trot w 7fw PAR mn OWNWO MWI MMMO* TO* WAVOOMMIM c + i't s= Cay VM.. PONY"Oft *■M.. arra . AM4 In.M I~r.. darkoft vom Two - t!AM T HIk 1% %01 A P RUIT Submitted into the publ' recon f r it (s) & E on City Clerk �► rt 11 CITY OF NIANI tTwrTY (A1%vottc ^ Err , •. • wH `,.. ` ►,..a rr.MItT AmX-ATta% 1 �� I flt•NM P%% 1,1"040411 1 Two (2) bua rim +days bNae d&gg,+,yr cal Suresh Slate One Cats of Fbro&. V c . at 81 t or 1 800 •432 . 4170 2 ► Pubic Works Baas at 305. 416 1200 at feast 2e houFs pnor to Corrtntencer� of W 3. NoOy Pubic Works kape tors at 305 616 • 12W at kwW 48 troum pna b request ems b ckse out PwnVt. PermRttee ~ ken ltv Wnut aoai a u -A 11 * dWW Failure to do so wd result m 4 # approved F"fts muss be Wit co job $Ile at all tom, S a RhILht . r); . Ila VC%YJ4�re Pern,il pyla b C. "e+ew-e'Aar1t CO Work. 6. Contradw 4 wc4bki. a Tf*,e Pem1r1 jpriar to p %^*4 rarrurY,n4 orOQwbm;i "trees rn tr7e r 7 �+�n;��tar , * 13e� Prat 1 to Cotttrrlar�osssent ot1h4TT� 8. qtr +ger Ow the NET a tte +► Ow rink is nag W(Yt wwV norn iii $. � t Ov h Fbnda Sty -r ulft Chirp. SW � wnd FoOty Pre*r.+ t n & ;$OI 111r+_Lso t of low tri 1r9M%wQ d&AM, ISD, Co tsx must prcgtds prcW ft.e pho . ra ) alai tic storey &&wet sys< w os, not dirxlttpad 5 t. ins a swrai fW work in ixDWes5 . r,t I Intl w�Ln that ".n p�rbFC�n t w+ r oondt sda" p94,o 7 sr a ",;s(ar jr,* saw arld o� rm�. and s + al aP0l�t Iedeeal 941e laws and cofts, bulelms_ andord-namvs a apphantv pwftfte s ensure that wgic p b the puW rtOftFOf fslr owed and nowntained peri PubWork!Ojewaysand and &W reZ�gn is pwfanvo #Aftn thwty ( ) days 61cw'p Ir .41` 14. 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CITY OF MIAMI L "I m COMM CIMM PMMI T APPId('AT10'% Submitted into the publi record f r it (s) on �� City Clerk stRA M"%" a MWOMMMM: pw l VD050svp 1~w/ RM» Raw Two sksot toclrawa cep" o Del" E IOTH ST F"JM be 1ST AVE TO GPOCK&L AVE Tis Lary i...., t111r.1,Or It OW L arra j _ f."AW To Y31 loll Tom ON~ 0" r P 1,Mq 9 -4 1 �, } To 40C PM Submitted into the public record for iter(s) , on City Clerk CITU OF WNW i f ll 111 t 0\#4l Itl 4710% r n th +t A 0 .4 K w o n rueu it un x AM% t■ m 1 .1% • , - M • -44051"r Fmo=w, Tramomon 10 4SSW4 Ion 0M 11,W=j PWW Appkmk*n Nuel PWIT000S05W Fee Category PWV ROW PERMITS AND UTLJ" Fee Code Fee Description PG_ P'dcd St i"V walk CLOW Cbz Per., L a"n*y UM Type Amount NA DOLLARS 5120 00 Total - S 120.00 o K� 1 Submitted into the publi�L 2 record fY"% tte�%�(s) on ice. City Clerk Public Service Commission and Florida Statutory Provisions Re2ardinE Pay Telephones 364.01 Powers of commission, legislative intent.— (1) ntent (1) The Florida Public Service Commission shall exercise over and in relation to telecommunications companies the powers conferred by this chapter. (2) It is the legislative intent to give exclusive jurisdiction in all matters set forth in this chapter to the Florida Public Service Commission in regulating telecommunications companies, and such preemption shall supersede any local or special act or municipal charter where any conflict of authority may exist. However, this chapter does not affect the authority and powers granted in Is. 166.231(9) or s. 337.401. (3) Communications activities that are not regulated by the Florida Public Service Commission are subject to this state's generally applicable business regulation and deceptive trade practices and consumer protection laws, as enforced by the appropriate state authority or through actions in the judicial system. This chapter does not limit the availability to any party of any remedy or defense under state or federal antitrust laws. The Legislature finds that the competitive provision of telecommunications services, including local exchange telecommunications service, is in the public interest and has provided customers with freedom of choice, encouraged the introduction of new telecommunications service, encouraged technological innovation, and encouraged investment in telecommunications infrastructure. hqp://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&Search Stringy L=0300-0399/0337/Sections/0337.40 I.html * * * * * * * * * * * * * 364.0361 Local government authority; nondiscriminatory exercise.—A local government shall treat each telecommunications company in a nondiscriminatory manner when exercising its authority to grant franchises to a telecommunications company or to otherwise establish conditions or compensation for the use of rights-of-way or other public property by a telecommunications company. A local government may not directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any voice -over -Internet protocol, regardless of the platform, provider, or protocol, broadband or information service. This section does not relieve a provider from any obligations under s. 337.401. hM://www.leg.state.fl.us/statutes/index.cfn?mode=View%20Statutes&SubMenu=1&App mod e=Display Statute&Search_ String=364.0361 &URL=0300-0399/0364/Sections/0364.0361.htm1 * * * * * * * * * * * * * 364.3375 Pay telephone service providers. - 1 0 Submitted into the publi record f r it n(s) _ on City Clerk (1)(a) A person may not provide pay telephone service without first obtaining from the commission a certificate of authority or necessity to provide such service, except that the certification provisions of this subsection do not apply to a local exchange telecommunications company providing pay telephone service. (b) In granting such certificate the commission, if it finds that the action is consistent with the public interest, may exempt a pay telephone provider from some or all of the requirements of this chapter. However, the commission may exempt a pay telephone provider from this section only to prevent fraud or if it finds the exemption to be in the public interest. (c) A certificate authorizes the pay telephone provider to provide services statewide and to provide access to both local and intrastate interexchange pay telephone service, except that the commission may limit the type of calls that can be handled. (2) Each pay telephone station shall: (a) Receive and permit coin -free access to the universal emergency telephone number "911" where operable or to a local exchange company toll operator. (b) Receive and provide coin -free or coin -return access to local directory assistance and the telephone number of the person responsible for repair service. (c) Designate a party responsible for processing refunds to customers. (d) Be equipped with a legible sign, card, or plate of reasonable permanence which provides information determined by the commission, by rule, to adequately inform the end user. (e) Be eligible to subscribe to flat -rate, single -line business local exchange services. (3) Each pay telephone station which provides access to any interexchange telecommunications company shall provide access to all locally available interexchange telecommunications companies and shall provide for the completion of international telephone calls under terms and conditions as determined by the commission. The commission may grant limited waivers of this provision to pay telephone companies to prevent fraud or as otherwise determined in the public interest. http://www.leg.state.fl.us/statutes/index.cfrn?mode=View%2OStatutes&SubMenu=1&App mod e=Displav Statute&Search String=364.3375&URL=0300-0399/0364/Sections/0364.3375.htm1 * * * * * * * * * * * * * 337.401 Use of right-of-way for utilities subject to regulation; permit; fees.— (1)(a) The department and local governmental entities, referred to in this section and in ss.337.402, 337.403, and 337.404 as the "authority," that have jurisdiction and control of public roads or publicly owned rail corridors are authorized to 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; pole lines; poles; railways; ditches; sewers; water, heat, or gas mains; pipelines; fences; gasoline 2 Submitted into the publ'c rccoid f r it (s) _L I, on City Clerk tanks and pumps; or other structures referred to in this section and in ss. 337.402, 337.403, and 337.404 as the "utility." The department may enter into a permit -delegation agreement with a governmental entity if issuance of a permit is based on requirements that the department finds will ensure the safety and integrity of facilities of the Department of Transportation; however, the permit -delegation agreement does not apply to facilities of electric utilities as defined in s.366.02(2). (b) For aerial and underground electric utility transmission lines designed to operate at 69 or more kilovolts that are needed to accommodate the additional electrical transfer capacity on the transmission grid resulting from new base -load generating facilities, the department's rules shall provide for placement of and access to such transmission lines adjacent to and within the right-of- way of any department -controlled public roads, including longitudinally within limited access facilities where there is no other practicable alternative available, to the greatest extent allowed by federal law, if compliance with the standards established by such rules is achieved. Without limiting or conditioning the department's jurisdiction or authority described in paragraph (a), with respect to limited access right-of-way, such rules may include, but need not be limited to, that the use of the right-of-way for longitudinal placement of electric utility transmission lines is reasonable based upon a consideration of economic and environmental factors, including, without limitation, other practicable alternative alignments, utility corridors and easements, impacts on adjacent property owners, and minimum clear zones and other safety standards, and further provide that placement of the electric utility transmission lines within the department's right-of-way does not interfere with operational requirements of the transportation facility or planned or potential future expansion of such transportation facility. If the department approves longitudinal placement of electric utility transmission lines in limited access facilities, compensation for the use of the right-of-way is required. Such consideration or compensation paid by the electric utility in connection with the department's issuance of a permit does not create any property right in the department's property regardless of the amount of consideration paid or the improvements constructed on the property by the utility. Upon notice by the department that the property is needed for expansion or improvement of the transportation facility, the electric utility transmission line will be removed or relocated at the electric utility's sole expense. The electric utility shall pay to the department reasonable damages resulting from the utility's failure or refusal to timely remove or relocate its transmission lines. The rules to be adopted by the department may also address the compensation methodology and removal or relocation. As used in this subsection, the term "base -load generating facilities" means electric power plants that are certified under part II of chapter 403. (2) The authority may grant to any person who is a resident of this state, or to any corporation which is organized under the laws of this state or licensed to do business within this state, the use 3 Submitted into the public recordf r A(s) N I L_ on City Clerk of a right-of-way for the utility in accordance with such rules or regulations as the authority may adopt. No utility shall be installed, located, or relocated unless authorized by a written permit issued by the authority. However, for public roads or publicly owned rail corridors under the jurisdiction of the department, a utility relocation schedule and relocation agreement may be executed in lieu of a written permit. The permit shall require the permitholder to be responsible for any damage resulting from the issuance of such permit. The authority may initiate injunctive proceedings as provided in s. 120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. (3)(g) A municipality or county may not use its authority over the placement of facilities in its roads and rights-of-way as a basis for asserting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Service Commission or the Federal Communications Commission, including, but not limited to, the operations, systems, qualifications, services, service quality, service territory, and prices of a provider of communications services. hqp://www.leg.state.fl.us/statutes/index.cftn?Avp mode=Display Statute&Search Stringy L=0300-0399/033 7/Sections/033 7.401.htm1 * * * * * * * * * * * * * 337.408 Regulation of bus stops, benches, transit shelters, street light poles, waste disposal receptacles, and modular news racks within rights-of-way.— (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 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. http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&Search Strin --&SUR L=0300-0399/0337/Sections/0337.408.htm1 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION FLORIDA PUBLIC TELECOMMUNICATIONS ASSOCIATION, INC., Plaintiff, V. CITY OF MIAMI BEACH, Defendant. CASE NO. 99-2640-CIV-SEITZ MEMORANDUM OF LAW I. Background Submitted into the public record 7Tr it¢m s) _. U 7, on City Clerk l7n �; yr r r � to O 4jo CJn x p A The City of Miami Beach contemplates two plans for regulating pay phones within its boundaries. One plan is comprised of two existing ordinances, the Private Property Ordinance and the Right - of -Way Ordinance. The other plan is comprised of the Private Property Ordinance and a Request for Proposals (RFP) that solicits bids from pay phone vendors who wish to install pay phones in the City's rights-of-way (ROW) and on City -owned property. Both plans substantially limit and control the placement of pay phones throughout the City. The RFP and the Right -of -Way Ordinance impose different 1 - — t HSU PAGE 03 �,�bmitted into the pub ie ..cord fo it e (s) on _ City Clerk regulatory regimes on similar geographic areas. The City has indicated that it is currently deciding between the RFP and the Right -of -Way Ordinance. The one selected will determine which City-wide plan is implemented. If the RFP is selected, the Right - of -Way ordinance will presumably be repealed. The Commission recognizes that the City's intentions in regulating pay phones are constructive. Many local governments are currently struggling with pay phone regulation and the Commission frequently receives draft ordinances to review. For this reason, the Commission is organizing a public workshop on pay phones and other topics related to placement . of utilities in Row. Nonetheless, the restrictions that the City is imposing acre severe and conflict with the Commission's regulatory authority. The Ordinances and the RFP are summarized below. A. PTivatg Property Ordinance (Zoning Ordinance No. 69-2665) This ordinance prohibits the placement of outdoor pay phones on private property zoned for commercial uses. It also prohibits outdoor pay phones on property occupied by hotels, apartment buildings, offices, and retail facilities. B. Right-ol-way ordinance (ROW ordi ancel (Zoning Ordinance No. 95-3005, as amended by Ordinance Nos. 96-3041 and 98-3129) This Ordinance requires that vendors obtain a non-exclusive annual permit for placement of pay phones in the ROW, for the use of the Row, and for the "erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair, 2 a G 0 rratx roti ubmitted into the public record �fof ite (s) on l•/ � City Clerk and use" of pay phones in the ROW. Sections 4(a) and (b). The ROW Ordinance is lengthy and only those provisions to which the Commission objects are addressed here. The annual permit fee is $370 per phone for all local exchange companies (LECs), which are prohibited from contracting with long distance carriers. Section 5(a). For all pay phones operated by LECs, the City selects the long distance carrier and receives a commi'esion on the long distance revenues directly from the long distance carrier. Id. - All other pay phone providers, which includes alternative local exchange companies (ALF -Cs), pay an annual permit fee of $650. Section 5(b). Pay phones existing as of July 1, 1995, pay a retroactive annual permit fee. Section lo. The ROW Ordinance unduly restricts the placement of pay phones within :.he ROW. Pay phones can not be placed within 100 feet of street addresses where there is "substantial criminal activity." Section 9(d). In addition, pay phones may not be placed within 300 feet of each other on the same side of the street in districts zoned for multi -family or commercial use. Section 8(e). The ROW Ordinance regulates the operation of pay phones in certain circumstances. If the City Manager determines that the location and use of a pay phone constitute "substantial criminal activity," the Director of Public Works must order the vendor to apply to the Commission for a waiver of the rule requiring that all pay phones allow outgoing calls. Section 8(g). If the Commission does not grant the waiver, or if the City Manager finds "substantial criminal activity" after outgoing calls are restricted, the Director of Public Works must revoke the vendor's permit for that,pay phone and remove it. J -d. 3 - - - �•, rqut b5 � " zitted into the pubis rc ,w -d floy it (s) on Z City Clerk The ROW Ordinance imposes a number of highly specific technical and upkeep standards that conflict with the Commission's pay phone service standards in Rule 25-24.515, Florida Administrative Code. Only one specific model of pay phone station can be used. Section 9(b). The Ordinance regulates how paint, metal, plastic, glass and cardboard inserts must be maintained. Section 9(e). Furthermore, Section 9(d) requires, once again, that pay phone vendors seek waivers of the Commission's requirement that all pay phones allow outgoing calls. This time, however, the Ordinance does not specify the circumstances under which the vendor can be made to do so, Presumably, some degree of failure to comply with the technical and upkeep standards is sufficient. C. Reauest for Prop sats (RFP) In its RFP the City sought bids from pay phone vendors for the :nstallatian of pay phones 'on the City's ROW and on city -awned property. The City was divided into four geographic zones, and vendors could submit bids to provide service in any or all zones. The City allowed vendors to enter into agreements with each other and respond to the RFP as a single entity. Contracts of three year duration were to be awarded for each zone. In their bids the vendors were required to identify specific locations they deemed suitable for pay phones. The RFP also listed certain locations where pay phones were required. The criteria for selecting vendors are number of years in business, prior experience in the City, quality and comprehensiveness of maintenance program, fee proposal, and financial capability. The meaning of `financial capability' is unclear. 4 - rrnk, PAGE 06 Submitted into the publi oecorcl fc), (s61. 't on tom/ City Clerk The plan envisioned in the RFP would negate the need for the ROW Ordinance,.because only those vendors awarded contracts would be allowed to install pay phones in the ROW. The regulation of pay phones would be accomplished through contracts instead of permits. The deadline for submitting bids was in July 1999. Contracts were to be awarded in September 1999. The City indicated to Commission staff that only one vendor submitted a bid, and the City did not want to award a contract under such circumstances. II. The Commission'e Jurisdiction A. State Law Chapter 364, Florida Statutes,' grants the Commission exclusive jurisdiction to regulate telecommunications companies. Section 364.01(2) provides: It is the legislative intent to give exclusive jurisdiction in all matters set forth in this chapter to the Florida Public 'Service Commission in regulating telecommunications companies, and such preemption shall supersede any local or special act or municipal charter where any conflict of authority may exist. Section 364.01(4), Florida Statutes, directs the Commission to exercise its authority to achieve certain goals. Most relevant to the City's actions are the following sub -paragraphs: (a) protect the public health, safety and welfare by 5 --- w FAht 07 r Submitted into the pubPl c record f? r ite% n(s) City Clcr ensuring that basic local telecommunications services are available to all consumers in the state at reasonable and affordable prices. (b) Encourage competition through flexible regulatory treatment among providers of telecommunications services in order to ensure the availability of the widest possible range of consumer choice in the provision of telecommunications services. (d) Promote competition by encouraging new entrants into telecommunications markets and by allowing a transitional period, in which new entrants are subject to a lesser level of regulatory oversight than local exchange telecommunications companies. ;f) Eliminate any rules or regulations which will impair the transition to competition. (y) Ensure that all providers of telecommunications services are treated fairly, by preventing anticompetitive behavior and eliminating unnecessary regulatory restraint. The above statutory provisions show that the Commission's jurisdiction over all telecommunications companies and services, including those of pay phones, is eery broad. The Commission's exclusive jurisdiction also extends to more specific and detailed aspects of pay phone regulation. Section 364.3375, which pertains specifically to pay phones, sets I ---- -- - Ir - DI- PAGE 08 Submitted into the pub 'c record fo its i(s) nnCity Clerk LIS— requirements for certification and types of services to be provided. Certificates authorize the vendor to provide services statewide, and to provide access to local and intrastate interexchange services except the Commission may limit the types of calls to be handled. Section 364.3375(1)(c), Florida Statutes. Each pay phone must receive and permit coin -free access to "911" or to a local exchange operator, to local directory assistance, and to the person responsible for .repairs. Section 364.3375(2), Florida Statutes. Pay phones which provide access to any interexchange telecommunications company must provide access to all such companies which are locally available. Section 364.3375(3), Florida Statutee. The Commission may limit the types of calla that can be handled. Section 364.3375.(1)(c), Florida Statutes. The Commission adopted rules governing pay phones in Chapter 25-24, Part XI, Florida Administrative.Code. Although the Commission's exclusive jurisdiction is extensive, the legislature carved out an exception for local governments, and provided that Chapter 364 "shall not affect the authority and puwere granted in ... s. 337.401." §364.01(2), Florida Statutes. Section 337.401(1) provides: (Llocal government entities that have jurisdiction and control of public roads ... are authorized to prescribe and enforce reasonable rules or regulations with reference to the placing and maintaining along, across or on any road under their respective jurisdictions any ... structures hereinafter referred to as the "utility." This exception pertains' to all utilities, not just telecommunications utilities. The authority granted in this 7 luju4l.311ou hNSC PAGE 69 0 Submitted into thepubt' record R r it m(s) .1 A City Clerk exception is very narrow in that it pertains only to public ROW which are directly adjacent to or over roads. This narrow grant of authority is_further limited and qualified for telecommunications companies by Sections 364.0361 and 337.401(6), Florida Statutes. Section 364.0361 requires that local governments treat telecommunications companies in a nondiscriminatory manner when granting permission to use ROW. Section 337.401(6) states: A local government entity may not use its authority over the placement of facilities in its roads and rights-of- way as a basis for asserting or exercising regulatory control over a telecommunications company regarding matters within the exclusive jurisdiction of the Florida Public Service Commission or the Federal Ccmmunications Commission, including but not limited to, the operations, systems, qualifications, services, service quality, service territory. and priceB of a telecommunications company. B. Federal Law Section 253 of the Telecommunications Act of 1996 (the Act); 47 U.S.C. 5 253, prohibits state or local barriers that limit the ability of telecommunications companies to provide intrastate or interstace telecommunications services. rhe relevant parts of the section are as follows: (a) In General No State or local statute or regulation, or cLher State or local legal requirement, may prohibit or have the 8 _ — _ _.. ---- 1 1. -- I OJU41 J / 1 OU t PSC PAGE 10 Submitted into the public record f r it m(s) on City Clerk effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. (b) State Regulatory Authority Nothing in this section shall affect the ability of a State to impose., on a competitively neutral basis and consistent with Section 254, requirements necessary to preserve and advance neutral universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. (c) state and Local Government Authority Nothing in this section affects the authority of a State or local government to manage_ he public right of -way or t.o 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. (Emphasis added.) Section 253(d) allows the Federal Communications Commission to preempt any state or local legal requirement that violates Sections 253 (a) and (b) . Congress distinguished between .the authority of states in Section 2.53(b) and that of local governments in Section 253(c). 9 au�u4l.7ripu FPSC PAGE 11 Subinitted into we public record fo ite (S) _-l-._ on City Clerk "While states may regulate universal service, protect consumers, ensure quality and protect the public safety and welfare, local governments can only manage the public rights-of-way, unless of course a state specifically delegated the state authority to its local governments. see BellSouth TQJ ecomminicat.iona Inc- yCity of Coral Springs, Flrrida, 42 F. Supp. 2d 1304, 1307 (S.D. Fla. 1999)(citing AT&T Communications v. City of Dallas, 8 F.Supp 2d 582, 591 (N.D. Tex. 1998). The phrase "to manage the public rights-of-way" in Section 753(c) has been constzued by this Court to mean activities 31.1ch as "coordinating construction schedules, determination of insurance, bcndin7 and indemnity .requirements, establishment and enforcement of bui'.ding codes, and )ceepina track of Lhe various systems uoing the rights-of-way to prevent interference between them." Cit'1_�f c��ra;___Sprinas , 42 F. Stipp. 2d at 1306 ( quoting In r; _ LQ1 Ca�P4visi�n of O}cland Co�i,y.,_� nc. `12 Ft�_gcci 21_396�2144y (FCC Section 2-76(b)(1) o: the Act requirch the Federal Communications Commission to "promote the widespread deployment of pay phone services to the benefit of the general public." Section 276(c) of the Act states: TO the extent that any State requirements are inconsistent with Oie Commission's regulations, the Commission's regulations on such matters shall preempt state requirements. Dursuant to the Supremacy Clause of the U.S. Constitution, the FCC may also preempt local laws that impede the objectives of Section 10 r' 276. Sieg 1 43, FCC Order No. 97-251. III. Analysis PAGE 12 Submitted into the public record �f%mit Il S� on �� City Clerk The City of Miami Beach does not have authority to restrict placement of pay phones on private property over which it has no ROW.= Section 337.401, Florida Statutes, and Section 253(c) of the Act only grant the City limited authority to regulate pay phones in tine ROW along roads. For this very simple reason, the Private Property Ordinance should be struck down. The Commission is directed to exercise its jurisdiction to protect the public by ensuring that telecommunications services are av;iilabls to all consumers at reasonable prices, to promote ,.ompetit.icn by ensuring conditions are favorable for new entrants the market, and to eliminate regulatory restraint on competition. See Sections 364 .01 (4) (a) , (d) and (f) . The Private Property Ordinance conflicts with these goals. First, by restricting outdoor pay phones on commercial property, the City prevents market .Forces and competition from operating to insure that pay phones are installed where they are in demand. Second, because the restriction is so broad, the ordinance denies consumers acceFs to pay phones for convenience and emergencies. Finally, the --:�rd,.nance can be expected to reduce the availability of phone service to consumers who do not have phones in their homes. The Commission takes no position on provision of pay phone service on city -owned property that is not in the ROW. 11 +— i 1 Cu 1J.UO 107U41.3/100 FNS( PAGE 13 Submitted into the public record fty, ite (s) L i) I-.L— on City Clerk in addition to the above problems, if all local governments adopted similar ordinances, competition would be adversely affected statewide. The purpose of a statewide certificate would be undermined. The FCC recently ruled on preemption of a local ordinance similar to that proposed by the City of Miami Beach. The FC" case addressed a Huntington Park, California ordinance that p-ohibited pay phones on private property in the city's central business dietri_ct. The ordinance was upheld because the FCC found ;.hat the state delegated the authority to enact such an ordinance to the local government. See 1 27, note 77, FCC Order No. 97-251;. see also pity of Cir, �ori�g�, 42 F. Supp. 2d at 130"7 (stating that under Section 2S3 of the Act, unless a atace delegates some c,f its authority under the. Act to a local •government, local governments car. only -r;anaye: rhe pub] is ROW) . The C,:)mmission ha nor delegated any of its powexs .o aW, local government, and express statutory authcrization w(-.ld he requiree to make Such a delegation. The Florida Statutes provide no such authorization. Therefore, it is unlikely that the FCC wo;�id uphcid such an ordinance an rlo=ida. S. kc Lj�jp for �p�ea,s (RFP) The RFP would allow from cr.e to tour pal- phone! ven:ior•s to provide all pay phone service within the City's ROW and an the City's property. The Commission takes no position on the provision of pay plicne service on city -owned property that is not in the ROW. The ver:r'ox (s) Helected would provide the overwhelming majority of outdoor pay phones in the City because the Private Property 12 rr-nk. PAGE 14 Submitted ilito the public record fLy Ite n(s) _ on City Clerk Ordinance greatly restricts the availability of outdoor pay phones beyond the ROW. The RFP also subjects bidders to numerous selection criteria which have no apparent relationship to managing the ROW as defined by the FCC in TCI Cablevision and as endorsed in City of Coral Springs. Section 337.401(6), prohibits a .local government from, among other -things, exercising regulatory control over the qualifications and service territories of telecommunications companies., The RFP creates de -facto service•terrir.ories for vendors of outdoor pay phonies, because each vendor selected would serve a specified geographic area. For this reason, the RFP should not be JmplPmenC:ed. . In addition, by specifying qualifications for vendors, the City encroaches on the commission's authority to determine which vendors are qualified t�o provide service. For example, qualifications based on number of years of experience in Miami Beach, and number of years in business go beyond the qualifications established by the Commission for certification. Section 364.335 allows certification of new companies which have not yet served customers. Through the RFP, the City determines that only a subaet of certificated vendors are qualified to provide service in Miami Beach. However, all vendors who have certificateE are qualified to provide service in Miami Beach because a certificate issued by this Commission applies statewide. For chis reason, the RFP should nct be implemented. Portions of a Coral Springs ordinance spec.tfying qualifications for telecommunications service providers were Struck down because they encroached on the Commission's jurisdiction. 13 rrnk.PAGE 15 S Submitted into the pub .c record f r it m S) City Clerk cin Specifically, those portions of the ordinance which required that applicants for franchises submit proof of technical qualifications, legal qualif.ic.ations, financial resources needed co complete, operate and repair the proposed t:elecommunicatiora facility were deemed preempted by Section 337.401(7) "which reserves to the Public Service Commission the regulation of "qualifications." City of Coral Springs, 42 F. Supp. 2d at 1310. A city's grant of a frarichise can only be conditioned on the ser -.rice prcyi:ler's agreement to comply with reasonable regulations of rho-, ROW. id. Florida's regulatory regime requires the promotion of competition by enco,_,rag_ng new entrants intc telecommunications market -:3. 5eP Sect iDn 364.01 (4) (d) , Florida Statue= -s. The F.FP -:ro)cf-as injjC-6e3 competition in the Miami Beach mar..,cet by -naking �ppf�itu�,.�cieU a%•=ilabla to only a subset of certiti:,ated vendors, nose whc: ,?et tie caualifications and are award.ed cun-.r;xcts.1 FurthErmoi.e, the application process creates an ociclit.i(ynal eXFsrAae for t h:7se wto •watit to enter ;:ye market. Finctily, cne C� ty :-ould Lieny ,_ertiticated rendors the opportunity to insta.i.l pay pf,orie5 wherever they anticipate a demand. For this reason, the RFP should not �De implemented. C_' . Row _oL-4 .l;Qc e i. Feen The fee structure imposed by the ROW Ordinance violates e.r or,s -,37.40.1, 364.0361 ana 364.33'5 of the Florida Statutes. it impedes c.ompet it ion .in Lhe Miami Beach market.. 14 ra rAGE ] 6 submitted into the publicl . record f r its (s) t1 on City Clerk The City has no authority to impose, on pay phone vendors, the fees contained in the Ordinance. Section 337.401(5) states: Except as expressly allowed or authorized by general law and except for the rights-of-way permit fees subject to subsection (3), a municipality may not levy on a telecommunications company a tax, fee, or other charge for operating as a telecommunications company within the jurisdiction of the municipality or which is in any way related to using roads or rights-of-way. Subsections (3) and (4) set forth fees and taxes that a municipality may charge telecommunications companies for locating i.n its ROW. Subsection (7) allows.facilities existing in ROW, as of May 22, 1598, to he charged a fee. Subsection (10) exempts pay phone vendors From the requirements of subsections (3), (4), (5) and (7).. For this reason, the fees imposed in Sections 5(a), (b) and (c). and Section 10 of the ROW Ordinance should be struck down. The fee structure in the Ordinance is discriminatory and therefore violates Section 364.0361, Florida Statutes (requiring that local governments treat telecommunications companies .in a nondiscriminatory manner). The Ordinance charges certain LECs $370 and all other pay phone vendors $650 annually. Sections 5(a) and (b). ALECs are the new companies that entered the market after Florida deregulated telecommunications; they are the competitors of the companies formerly granted monopolies. While the Commission regulates LECs and ALFCa differently in some respects, those differences are irrelevant to management of the ROW as defined in Q�t,y Qf Coral. Sgrir.as. There is no justification for charging LECs and ALECs different fees and the fee structure is therefore 15 r r5L PAGE 17 Submitted into the public recordf )L-10it,on - Clerk discriminatory. Furthermore, the fee structure impedes competition by charging ALECe a higher fee, and therefore defeats the statutory goal expressed in Section 364. 01 (4) (d) , For these reasons, Sections 5 (a) , (b) and (c) of the ROW Ordinance should be struck down. Finally, the fee structure is t:.ed to the provision of long distance service. Vendors who provide the service are charged a different fee than vendors who do not. Here again, the differences between the two types of vendors are unrelated to ROW management as. defined. in City of Coral-Snrings, and the fee structure should be struck down. Section 5(a) of the Ordinance e Zcroachee on the Commission• s jurisdiction by allowing the City to select the long dis-ance aervice p- ov_der for pay phone vendors. 3ect .on 36T. 33')5 (: ) . Florida statutes, requires that pay ohcnee providing long 6 stance service rmiLt provide access to all interexchange companies which are locally availabie. The City of Miami beach can not dlc:tace.. t -he Tong distance service provider that pay phone vendors must ut;e and it can not restrict the number of long distance providers that are. locally ava.i?ab?e. For this reason Section 5(a) of the Ordinance should be struck down. 2. Safety and Reliability Standards Section 9 of the ROW ordinance conflicts with the pay phone service standards established by the Commission in Rule 25-24.515, Florida Administrative Code. and the regulatory regime established in Chapter 364, Florida Statutes. Section 9(b) of the Ordinance allows the City to select the type of pay phone station to be used, 16 0 PAGE 18 Submitted into the public record f r it m(s) on City Clerk and Section 9(e) regulates the maintenance and appearance of glass, metal, plastic, and cardboard parts of pay phone stations. The Commission is charged with ensuring that safe and reliable telecommunications services are available to all consumers at reasonable prices. Section 364.01(4)(a), Florida Statutes. The Commission considers the condition of pay phone stations to be a component of providing safe and reliable service. Rule 25-24.515 ensures that safe and reliable• service is provided by requiring such things as: adequate lighting, Rule 25-24.515(2), a clear, legible placard providing information on the vendor and rates, mule 25-24.515(9)(a), telephone books in pay phone stations, Rule 25- 24.515(16)(a), and that. each station be kept clean, Rule 25- 24.515(171', The Commission may cancel a vendor's certificate if any cf these rules are broken. Rule 35-24.514(1)(b), Florida Auminietr,a.tive Code. The Commission has not .determined that any type of pay phone stat.icri is unsafe, unreliable or otherwise unsuitable for providing service. Pay phone stations vary in price and vendors are allowed to select the type of station that best suits the target market. If a vendor identifies a small market, that -vendor would not rationally install an expensive station. Given that a variety of pay phone stations are safe and reliable, allowing vendors the freedom to select the statiou.promotes competition, in accordance with Section 354.01(4)(d), Florida Statutes, and ensures that telephones are accessible to all consumers at reasonable prices, in accordance with Section 364.01(4)(a), Florida Statutes. The maintenance stanaards in Sections 9(b) and (e) of the ROW Ordinance duplicate and exceed the Commission's rules, and defeat 17 F PSC PAGE 19 Submitted into the publ'c record f r it (s)� on 1 City Clerk � atatory purposes. Sections 9(b) and (s) therefore encroach on the Commission's jurisdiction and conflict with the Commission's exercise of its jurisdiction, and should be struck down. In addition, Sections 9(b) and (e) of the Ordinance exceed the authority granted local governments to manage the ROW in Section 337.401, Florida Statutes, and Section 2531.c) of the Act. ROW management pertains to activities such as. prevent.i.r_g interference between the utility systems using the ROW, coordinAt.inq construction schedules, and setting indemnity requirements. City of Coral marinas, 42 F. Supp. 2d at 1308 (citing TCI Cablevision. 12 FCC Rcd at 21441). The requirements of Sections 9(b) and (e) -ire an --elated to such management activities. The City r--gulateA pay phone sr-ationH r.hroi-igh, these provisions, not the PON. 'A. Locational Countrainte ;;.a, COmplia(ICF w:.th Pri.vat�- Prc•perty Orth iance Sections 9(c) and (e) of the ROW Ordinance require, amonq other things, compliance with the Private Property Ordinance. For the reasons stated in Part III . T. of this memorardirn, �ecticr.s and (e) of the ROW Ordinance should be struck down to the extent they rea ire compliance with the Private Frope;-ty Ordinance. . (b) Limitations in Commercial and Multi - family Residential Districts Section 8(e) of the ROW Ordinance prc,hibits pay prones from being less than 300 feet apart along sidewalks and streets in 18 PAGE 26 Submitted into the publ' record f r it (s) on City Clerk commercial and multi -family residential districts. It also prohibits placement of pay phones within 100 feet of a pay phone on private property which is visible from the street. Both of these restrictions can be waived with approval of the Director of Public Works. The Ordinance does not describe when such approval would be granted. Section 8(e) exceeds the City's authority to manage utilities in its ROW as defined in City. of Coral Springs. That is, the restriction is not needed to accomplish such things as tracking and preventing_ interferipnce among utility Structures using the ROW, coordination of construction, schedules, or insuring, bonding and indemnifying. For this reason, Section 8(e) of the Ordinance should be struck down. The restrictions in Section 8(e) conflict. with the vendor's right to _>perar,e statewide upon issuance of a certificate by the Commission. For this reason Section e(e; encroaches on the Commission's jurisdiction and should be struck down. The statewide certificate allows a vendor to locate where there is a market for pay phone se prices, thereby promoting competition , and ensuring that reliable and affordable telecommunications services are available to consumers. The Commission's policy is to let market forces dictate the number and location of pay phones installed in an area. If all local governments adopt such restrictions the value of the certificate to the vendor will be reduced, competition will be restrained, and services will not be available where needed. 19 • w i J, Luo" 1 D. 00 10-304 1 3 ! i tib FPSC PAGE 21 Submitted into theML— on record f r i em(s) I,A 11- City Clerk (c) Restrictions in Areae of Substantial Criminal Activity Section 8(d) of the ROW Ordinance prohibits placement of pay phones on streets and sidewalks within loo feet of addresses where substantial criminal activity occurs. The term -substantial criminal activity" means "reports to the police of four or more criminal incidents at an address during any three ::onseciitive month period, both prior and aubsequent to the date of the application and/or installation." The provision attempts to manage crime by limiting the locations of.pay phones in ROW; it does not address management of the condition of the ROW, or the placement of utilities in the ROW for ensuring orderly construction and funccior, of utilecies in the POW_ Therefore, th'.s provis on exceeds the authority of loc.-3l oovernments to manage their ROW granted in Section 237.401. 71orida Sr.atutes, and Section 25---(c) of the Act, and .should be struck down. The ;:ommission is responsible for protecting the public health, safety and welfare by ensuring that telecommunications serviced are available to all consumers at reasonable prices. Section 364.01(4)(a), Florida Statutes. Pay phones serve an important public function in low income neighborhoods, where crime may be prevalent. Residents of such neighborhoods are less likely to have privatN phones in their homes and rely on pay phones to conduct their affairs. Pay phones are also needed in such areas to call for help in emergencies. Section 8(d) of the Ordinance attemp:a r_o restrict pay phones where they are needed. In addition, Section 8(d) of the ROW Ordinance is particularly 2 c, I II Uri rr_�U PAGE 22 Submitted 1- the public record fi •r � on v/e�j `� Clerk onerous for three reasons. First, it is triggered by reports to the police, not proven crimes. Second, any type of crime satisfies the reporting requirement. Finally, the crime reported need not be related to the presence of a pay phone. Section 8(d) of the ROW Ordinance should be struck down because it conflicts with the commission's exclusive jurisdiction to ensure that telecommunications services are available to protect the public health, safety and welfare. (d) Threats to Public Health, Safety and Welfare Section 8(g) requires that, under certain circumstances, pay phone operations and services be limited. The provision is triggered by complaints from citizene or representatives of various City 'Departments (e.g. Zoning, Police, Fire, Building Code). The City Manager must investigate the complaint -to determine .if it constitutes a threat to public health, safety and welfare cf the community. If it does, the vendor must apply to the Commission for a waiver of Rule 25-24.515(13), Florida Administrative Code, which requires that all pay phones allow incoming calls. If the waiver is not applied for or granted, or the pay phone continues to constitute a threat to public health, safety and welfare of the community, the City may remove the pay phone. The definition of "threat to public health, safety and welfare of the community is the same as that for substantial criminal activity. Thie.provision should be struck down for the same reasons as Section 8(d). in addition it violates Section 337.401 in more ways than Section 5(d) By requiring that nay phones limit oucgoiny calls, the City attempts to regulate pay phone operation in violation of Sections 336.401(6) (prohibiting local governments 21 FPSC PAGE 23 ' Submitted into the publ' record f r it s) i on City Clerk from regulating operations and services) and 364.3375(1)(c) (granting the Commission authority to limit the types of calls to be handled), Florida Statutes. The City also interferes with the Commission's responsibility to protect public health, safety and welfare by ensuring that basic phone services are available to all consumers at reasonable prices. 5= Section 364.01(4)(a), Florida Administrative Code. The Commission adopted its own rules :governing limits on incoming calls at pay phones. �5= Rule 25-24.515(13), Florida Administrative Code. Pay phones located at hospitals and schools do not have to allow incoming calls. Rule 25-24.515(13)(a). Rule 25-24.515(13)(b) provides for a.waiver of the requirement to allow incoming calls if the chief of the local law enforcement agency ca_rtif es that the request is sought to deter criminal activity. Thrc,uyh Section 8(1)p the City grants itself author;.ry to _cnpyl a certificateri ser -rice provider ro alter the operation of his or her facility by limiting calls and to alter the services provided by removing the phone if the waiver is not granted or proves ineffective. Jurisdiction over operations and services is expressly reserved to the Commission over the local government. Section 337.401(6)• Furthermore, only the Commission may determine when ca,:ls of any type should be restricted at a pay phone. Section 364.3375 (1) (c) . Finally, because the Commission must consider how availability of phone services affects the public health, safety and welfare, it is the Commission's responsibility to balance the benefits and detriments of allowing pay phones in areas where crime is prevalent. To fulfill this goal, the Commission believes it must 22 I �-..-, -- iJ.uo IUDU41 J IItJV FPSC PAGE 24 Submitted into the public record f%gaitini(o _ on City Clerk work with the City. However, the language of Section 8(9) dictates much more than the cooperation and communication required to achieve a common goal. For the above reasons, Section 8(g) of the ROW Ordinance exceeds the authority granted to the City, and encroaches on the Commission's jurisdiction, and should be struck down. IV. Conclusion At this time the City of Miami Beach has the potential to implement two regulatory schemes: 1) the Private Property Ordinance along with the ROW Ordinance; or, 2) The Ptivate Property Ordinance along with the RFP. Both schemes will harm the accessibility of phones and competition in the pay phone market and encroach on the Commission's exclusive jurisdiction. For these reasons, the Private Property Ordinance should be struck down, sections 5 (a) , (b) and (c) , 6 (c) , (d) , (e) and (g) , 9(b) and (e) , and 10 of the ROW Ordinance should be struck down, and the RFP should not be implemented. Respectfully Submitted, �1►1 u v-, . Gum -ErsK MARTHA CARTER BROWN Associate General Counsel Florida Bar No. 261866 MARLENE K. STERN Staff Attorney Florida Bar No. 0183570 FLORIDA PUBLIC SERVICE COMMISSION 2540 Shumard Oak Blvd. Tallahassee, F1 32399 (850) 413-6187 - telephone (850) 413-6188 - fax 23 „ I J. uo 10OUC4 i'j I i de FPSC CERTIFICATE OF SERVICE PAGE 25 Submitted into the pu lic record f r it4� 1(s) on ` City Clerk I hereby certify that a true copy of the foregoing Motion for Leave to File. Amicus Memorandum, and the attached supporting Memorandum of Law, have been furnished to the individuals listed below by the U.S. Mail on this v day of 2000. Angela Green Florida Public Telecommunications Association 125 S. Gadsden Street, suite # 200 Tallahassee, FL 32301 Sheri. Sack First Assistant City Attorney City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 331,39 Andrew Fulton IV Ward, Damon, Beverly, Tittle & Posner, P.A. 4420 Beacon Circle, Suite 100 West Palm Reach, FI, 33407 N MARTHA CARTER BROWN Associate General Counsel Florida Bar No. 261866 FLORIDA PUBLIC SERVICE COMMISSION 2540 Shumard Oak Blvd. Tallahassee, F1 32399 (850) 413-6187 telephone (850) 413-6188 - fax 24 0 ��'Tv 0,X %I -AM LLC= :A 21 INTEROFFICE MEMORANDU141 The Honorable Mayor and - APR 17 Members of the City Commission Pay Telephone Pilot Program .�c44.1 Carlos A. Gimenez - == - Submitted into +fie c City Manager= _ _ record foj ire on �i/ City Clerl M�oRloognimm It is respectfuily 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 txvo 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 lune 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: 01- 449 • • Submitted into the public record f it {S) on City Clerk IU 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 Lus pilot program for pay telephone locations that have been properly permitted within the target areas in accordance with this Resolution, the Code of the City of Mbrid, Florida, as amended, and other pertinent City rules, regulations and policies. Additionally, the Corporation has voluntarily agreed to limit the type of advertisements to be placed on the pay telephone enclosures as stated in a letter from the Corporation to the City dated February 19, 2001, has agreed to pay the City fifteen percent (15%) 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 right"f--way. At the conclusion of this pilot program, the City may consider the resulting recommendations for possible revision of Chapter S4, Article X1, 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 Submitted into the pub] EXHIBIT record f r it s) on February 19, 2001 SENT CERTIFIED MAIL, 7000 QS20 001 7 9142 21106 City of Miami Ana: Mr. Carlos A. Gh nez, City Manager 444 SW 2i° Avenue IO'^ Floor Miami.!) 33130 Roe AdWgisin¢ Pay IeleVlatte Kiosk Dear Mr. Crintcnez: 1 am writing to on behalf of first Arnerimn Telecommunication Corporation regarding our aiming with the City on 2/13/01. As you are swam, First American has permitted acrd iratalled Public Telephone Advertising Sigo Kiosks bs 'lila City of Miami. The advertising iti teriaWgInege that is currently plw ed on the kiosk's ane from "nsuond" companies Covering clothing k seeas'ories to GnsrleW organlutions, etc. Pursueat. to our dissuasions with your staff. First Annerican has agreed to limit the advertising ss follows: a) Only ttatiottsl or local (MiNW) conVanies will be displayed on the enclosures. b) First Atmi4can will not advertise events outside of Miattui and its eurrotutt WO Areas' c) First Aamican wW not advertise Tobsew or Liquor on the enclosure'. d) Fu% Amecic4n will work with the City to control content if nwvie advvnise=nts are placed on the erlclasurc. e) Fust American will allow Ilia City to post events. public service messages, etc. at a designated area inside the coclns= 15 yo (V1 In addition. First Aawrican win cvnWansate the City at a commi3sion of�o of the advertlaing revenue above and beyond an fees stipulated in the Ordinance regulating Pay telephones an the City tot of way. If you )lave airy questions or comcrns. Please feel frcre to contact me at the above address, pboav or e -trill. Sincerely. V lYOI71m I]r'ag09lAVIC PnMideat cc: John Jeckson, P.E.. Director, P'"k Works„ City of Man' GWljc 01- 449 �•P...� :mind over to rpt ..%Ir l.•n.•r 1I. .. ...- _. „ ._ . ---• - 48 3 1d Nkold3Wv 1S813 OltCrz50,6 6c:rT TOOL/81/08 City a �Itlt 1 • Z - - - — Submitted into the public record f r itgn�l(s) on City C' Section 4. The City Manager is authorizedV to execute any necessary documents, in a form acceptable to the City Attorney, for said purpose. Section S. This Resolution shall become effective immediately upon its adoption and signature of the Mayor�tl PASSED AND ADOPTED this 10th day of May , 2001. JOE CAROLLO, MAYOR M eoca++6ow with Miami Code Sec. 2.36, sUoe the Mayor did not Indleate approval of this t--Oo atinn by ait}ning it in the designated pia provided. said legWaVr. ATTEST: b+.-+;tL% F,ffocttvo with Ihn-ilr..pan of ten (10) ye m tho d ommissi wo ardkiq same, wilhout tho Mayor vxercis o. o�� WALTER J. FOEMAN oiler J. n, Clarfc CITY CLERK APPROV��TVFORM ANDDCORRECTNESS 6 ATTORNEY W5103:YMT:BSS !� 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 Revolution, 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 :IrIfi�l� Submitted into the pub is record for i " m(s) ' nn ---- __. cite nerl, NOW, THEREFORE, BS IT RESOLVED BY THE COMMISSION 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 Went and Little Haiti. bounded by Northwest 54"` 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, Plorida, as amended, and other pertinent City rules, regulations and policies. Section 3. A letter dated February 19, 2001, from 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 is accepted. Page 4 of 5 o 1 - 449 • Submitted into the pu i record f r ft m(s) "'l � City Cl WHEREAS, First American Telecommunication Corporation (the "Corporation") has noticed the City of its desire to participate in the pilot program for pay telephone locations 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 FebrLiary 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 pralram 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 "Street13 and Sidewalks, Use of the Public Flights -of -Way for Installation of Pay Telephones"; Page 3 of 5 01- 449 #1D 11150— - • • Submitted into the pub i record fo ite (S) on City CJ J-01-171 5/10/01 RESOLUTION NO. 01- 449 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, WITH THE ASSISTANCE OF THE DEPARTMENT OF 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 OVERTOWN PARK WEST AND LITTLE HAITI BOUNDED BY NORTHWEST 54H 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, FROM 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 CITY COMUSSIOIC M$ET)1G OF �1 1wBuW4un Mw 01-_449 0 Submitted into the public record fo rte (s) on �,City CIC 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 -off -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 59t° 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 q 449 Tab 6 Submitted into the public record f r it e (s) _ �_ on City Clerk Submitted into the pub 'c (O ( record fo j ite s C tv Clerk For semft masons, m of Uie bKk buGan M your interrKt browny B nae affww. View Check Images ♦..o..aw4e.*6• f1lisTUKI�Rtc�u1 ymoaMrtwoc 302353 YELEC011."ORP .. ebafW�oc�oAtERuhO 1100 WE.STBAOVgA08lV0. Wis111i0 ...rae.orwd.:.. Four wroennue. FL �x+u r..r�r FH.{16g11a9D➢9.FJIXt15r152t.9e11 &VM12 r--WWTW CITY OF MIAMI PUSUC WORKS "17.760.04 ' W Sam *ndtgd$*soo'ooNNN.N...MN.�iYYY1MN�.MWNpNYNNfNNMh.NY.N wti..elU Waa/.v MY OF MIAMI PUBLIC WORKS nu�o 2612-79013 PAYPHONE PERMrTS 0301353r cpvt L wo. M060m yQ6� 93 ()o - 1417ta0S. o -o A01 ,�• AA01��# f�x� Y OF� >r 1 t�JR October 17, 2012 Guy Thomas Strempack V'tce`President and General Counsel FirstAmericart Telecommunication Corp. 18001N Broward Blvd, 1st Floor Ft Lauderdale, FL 33312 Submitted into the public record fo ite on — X. I1___• City Clerk JOHNNY MARTINEZ, P.E. City Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: RENEWAL PAY TELEPHONE PERMIT STICKERS PERMITTEE: FIRST AMERICAN TELECOMMUNICATION CORP. Dear Mr. Strempack, Enclosed are 93 per, .mit renewal. stickers (from # 001 to # 093) for the fiscal year 2012-2013. Permittee shall place pe0nit stickers over the existing stickers within 30 days of receipt of this letter on the pay telephones gas per the attached Pay Telepl ono M15161er'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. Si cera J e 'al antana, P.E. C' ' •Civi .Engineer Public Works Department Enc: Pay Telephone Master List 2012-2013 c: file DEPARTMENT OF PUBLIC WORKS 444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1.200 / Fax: (305) 416-1278 Mailing Address: P.O- Box 330708 Miami, FL 33233-0708 SW pitted into the public rectcrd for it r�+ s) on — Di:. City Clerk Tab 5 11, 6112000 11:55 9545243414 �7 YR,J'r r� . W.. @ - rw. • c wcw. wm. �r r W �a�r w.rY► �II9tL 4 � 71U6 t.#WU. DASE PLATE M.rj._ OHM +. w�wraw 4. c+s � NOT +w„w was w. r•rw. w�c.var �i0wii•i�o�'r'��i�oi�rr +c� +ar =w. ♦ S Mao "MD YO• ,. _, ..ft =+w, d s OWL WA" or" um vook •i-ow+aw�.•� a,ar- n w+m wrW auorru.. www" +M"'+ « 1 Ma•. "0 W-0 n.- 10 a iw wU& wrw ar m%W40 1w. aor 7°P w v r."L+�. vomL L M•C/. 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W"g-,7 ED INSTALLATION DWG rte, 11"041 � b0/10 3!DVd W rr..Y mANallwt O.aRaG �aLr W,Iala1�Y4 IMpW � �'V_ bTb6-bZ9-b96 ZO:Li ZT0Z/L0/Z2 Tab 4 Submitted into the public record fo ite.( on Crty Clerk 337.408 - - 2012 Florida Statutes - The Florida Senate Submitted into''ic public Page 3 of 3 record fol ite Zi on C'tv C' 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. Disdaimen The information on this system is unverified. The journals or prvded billsof the respective chambers should be Consulted for o(fidal purposes. Copyright 0100(- 2013 State of Rwida. http://flsenate.gov/Laws/Statutes/2012/337.408 4/3/2013 337.408 - - 2012 Florida Statutes - The Florida Senate Submitted into the public page 2 of 3 record fo ite (s) on City Clet-1, 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 later 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 bend- 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, spacing 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 The Florida Senate Pagel of 3 Submitted into fhc nubIiC1.2 record fit M-7 UonCity Clerk 2012 Florida St totes TITLE XXVI CHAPTER 337 PUBLIC TRANSPORTATION CONTRACTING; ACQUISITION, VIEW ENTIRE CHAPTER DISPOSAL, AND USE OF PROPERTY 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, maybe 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 clearance 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 http://flsenate.gov/Laws/Statutes//2012/337.408 4/3/2013 Submitted into the public record fo ite (s) 1_ on City Clerk Tab 3 Municode mitted into the public Page 11 of 11, j for ite (s) / City Cicr- - k FOOTNOTE(S): --- (8) -- Editor's note-- Ord. No, 11937, adopted June 29, 2000, repeated 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) http://library.municode.condprint.aspx?h=&clientID=10933&HTMRequest=http%3 a%2f%... 4/3/2013 Municode Submitted into the public Page 10 of 11 record fo ite (s) City Clem, on (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. http://library.municode.com/print.aspx?h=&cli entlD=1093 3&HTMRequest=http%3 a%2P/o... 4/3/2013 Municode Submitted irt,, !lie public page 9 of I 1 record f it,, On ?7�. City Clerk permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. (Ord. 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. (c) 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: (�) 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. (d) 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. (e) In lieu of the insurance policies as required and referenced in subsections (c) and (d) above, the permittee may submit: (�) 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 http://Iibrary.municode.com/print.aspx?h=&clientID=10933&HTMRequest=http%3a%2f%... 4/3/2013 Munieode Submitted into the pub 'c Page 8 of 11 record far it (s) on City Clerk (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. (Ord. 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 attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond, which shall not exceed the amount of $50,000.00; and the condition shall be a continuing obligation during the entire term of any 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 http://library.municode.com/print.aspx?h=&clientlD=l 0933&HTMRequest--ht1p%3a%2f%... 4/3/2013 Municode Submitted intim the, public � page 7 of 11 record f r rt,nit!>� M. _�— City Clerk 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. M 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 chanter 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 be. restricted 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 only. Permitt?e shall restrict the calls to outgoing calls within ten calendar days after receiving permission from the public service commission to do so. (9) 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. http://Iibrary.rnuni code. corn/print.aspx?h=&cl i entlD= 1093 3 &HTM Request=http%3 a%2P/o... 4/3/2013 Municode Submitted into the public Page 6 of 11 record fry iti (s) _�-�1_ on IA/l v Clerk (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. U) 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. (Ord. 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 biown 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) http:Hlibrary.municode.com/print.aspx?h=&client[D=l 0933&HTMRequest=http%3a%2f"/o... 4/3/2013 Municode Submitted into thy n-vblic page 5 of 11 record 7f��; 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. hap: //library.municode. corn/print.aspx?h=&clientID=10933&HTMRequest=http%3a%2 No— 4/3/2013 Municode (Ord. No. 11937, § 2, 6-29-00; Ord. No. 13087, § 2, 9-10-09) Sec. 54-415. - Pay telephone permit locations. Submitted into the publ'e Page 4 of 11 record f it (s) 1. L_ on City Cie, k (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 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 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. http://library.municode.com/print.aspx?h=&cl1 entfD=1093 3 &HTMRequest=http%3 a%2f`/u... 4/3/2013 Municode Submitted into the p ill,c Page 3 of 11 record f r it m(s) — on_. City Clerk 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). M 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 (i.e. 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. M 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 hitp://Iibrary.municode.com/print.aspx?h=&clientlD=l 0933&HTMRequest=bttp%3a%2P/o... 4/3/2013 Municode Submitted into the nmit)lirr Page 2 of 11 record f r ite (s ) on V S- -I __ City Cleril. 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. Permittee shall mean any person 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 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 forthe 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) 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. (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) http://library.municode.com/print.aspx?h=&clientlD=l 0933&HTMRequest=http%3 a%2f%... 4/3/2013 Municode Page 1 of 11 Suhm'tted into the public record to ite (s on City Clerk Miami, Florida, Code of Ordinances >> PART it - 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 91 Sec. 54-411. - Statement of purpose. Sec. 54-412. - Definitions. Sec. 54.413. - Pay telephone permit required: length of permit: fine and removal of pay teleohone(s) for placement _ without hermit or certification. Sec. 54414. - Pay telephone permit application. Sec. 54415. - Pay telephone permit locations. Sec. 54-416. - Technical standards. Sec. 54417. - Powers and duties of city public works director. Sec: 54-418. - Compensation for permit: late fee, revocation and removal of pay teieghone(s) for nonpaympuL Sec. 54-419. - Use of streets or sidewalks. Sec. 54-420. - Location and placement of pay telephones. Sec. 54421. - Standards for maintenance, installation and operation of pay telephones. Sec. 54422. - Pay -telephone permit revocation: removal generally and storage costs. Sec. 54-423. - Bonds. Sec. 54424. - Indemnity and insurance. Sec. 54-425. - Pglice powers Sec. 54-426. - Transfers; assignments: subleases. Sec. 54-427. - Service of notice. Sec.54428. - No liability or warranty. Secs. 54-429--54-439. - Reserved. Sec. 54-411. - Statement of purpose. article: The city commission hereby finds and declares that it is necessary and reasonable for this (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 tdrms, phrases, words and their derivations shall have the meaning given herein unless otherwise http://library.municode.com/print.aspx?h=&clientIDI--- 10933&HTMRequest=http%3a%2P/o... 4/3/2013 Submitted into the publ'� record fo (s) _1—Z on f it (S) City Clerk Tab 2 Submitted into the public record l'of ite (s) Ut on City Clerk file Number: 10-01002 Section 7. This Ordinance shall become effectve thirty (30)days after final reading and adoption thereof 2l- APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRU CITY ATTORNEY Footnotes: {1} Words andlor 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. ' City of Mimi Page 12 of 12 File Id: 10-01002 (Mersion: 1) Printed On: 8!23/2010 Submitted into the public record f ite (s)�— on City Clerk File Number. 10-01002 (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 $200.99 230.00 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 $284,09 230.00 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 $440-.09 175.00 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. 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 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. *It 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 Miami Page 11 of 12 File Id: 10-01002 (Version: 1) Printed On: 8/23/2010 Submitted into the publ' record fo iter (s) on City Clerk File Number. 10-01002 (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 less $ 250:00 290.00 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 ii. Pathway(s) added subsequent to the date of this ordinance 0.7-5 .90 b. Initial fee for preparation review and approval of telecommunication agreement (does not include recording fee) $1,3 9.00 $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 $ 250.99 290.00 2. For each additional lineal foot of pathway over 50 feet 0.50.35 d. Fee for government-owned communications system: 1. Annual fee $ 250-85 290.00 2. Initial fee including review of plans and inspection plus recording fee 259.99 290.00 ARTICLE X. USE OF PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF LOW LEVEL WINDSHEAR ALERT SYSTEM(S) Sec. 54379. 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 $508:09 575.00 per pole location, as determined by the director of the department of public works. ARTICLE Xl. 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 Miami Page 10 of 12 File Id: 10-01002 (Version: 1) Printed On: 8/23,12010 Submitted into the public record f r it;; l(s) IN , L on �[t__. . City Clerk File Number. 10-01002 (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 $460:00 175.00 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 feels ten-dellars $11.50 per newsrack due October 1 st 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 cellars $5,75. Ali 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 1 st. (c)Non-conforming newsrack(s) may be subject to removal and if removed shall be subject to a $76.00 90.00 removal.and 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 Page 9 of 12 File ld: 10-01002 (Version: 1) Printed On: 812312010 Submitted into the public record f r it (s) b\ . L on /,. City Clerk File Number. 10-01002 7-30 days 635.00 31-90 days 980.00 (-1)12 Permit renewal fee prior to expiration of original permit: Ninety -day extension of permit fee expiration date 100.99 115.00 A New application and permit fees shall be required for expired permits. 0-9) 13 After -the -fact permit fee: For any work described in subsections (a)(1) through 40.) (11 herein, performed without proper permits and inspections, quadruple the above fees. (4-3) 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 X99 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 S44W 11.50 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 (i.e., January 1 st; April 1 st; 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 Page 8 of 12 File Id: 10-01002 (Version: 1) Printed On: 8/2312010 Submitted into the publ record f ite s) &'L on City Clerk File Number: 10-01002 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 fixed as follows: (1) Street excavation permit: a. Non-refundable pian and specification review fee $20.00 a b. 50 lineal feet or less $-250.08 $290.00 b c. Each additional lineal foot 0.39-235 d. initial inspection $25.00 e. Dry.run review of plans and specifications, upon request: L 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 60.90 58.00 b. Each additional lineal foot 4700 1.15 (3)Sidewalk construction permit: a. 50 lineal feet or less 400.00 115.00 b. Each additional lineal foot 2-.W 2.30 (4) Paving or resurfacing of parkway or shoulder area permit: a. 25 lineal feet or less 100.08 115.00 b. Each additional lineal foot a-00-5.75 (5) Building line and grade survey permit: a. 50 lineal feet or less 260.98 287.50 b. Each additional lineal foot 4-.W 5.75 (6) Driveway construction permit, each driveway X00.00 115.00 (7) Flume excavation permit, each excavation 400.08 115.00 (8) Utility placement permit (poles, splice pits, manholes, hand holes, catchbasins, pedestals, vas.. and auger holes) 40A: -9A 115.00 Plus, for each additional, per block (on same permit) 19:88 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) 4.80:08 115.00 (10) Groundwater monitoring wells, each well 50..00 60.00 (11) Dewatering: C J-..- -- 1_ - - --- nn Submitted into the public record fojr itpi(s) on / City Clerk File Number. 10-01002 (e) Fees. (1) A fee of $44549 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 accompany each permit application to the Public Works Department. (- 3) 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. $0.45 20 per linear foot per day of sidewalk/curb usage b. $0.25 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 III, 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 $90-.W 92.00 per banner, and an initial inspectiort fee of $100.00 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 Page 6 of 12 File Id: 10-01002 (Version: 1) Printed On: 8/2311010 File Number 10-09002 Suhn1itted into the public =cco, d f ; nein (s) �� �,/ ��+.I i o City Clerk otherwise, as estimated by the director of public works and payable upon issuance of a permit, $367-..59 425.00 for the first 1,000 cubic yards or fraction thereof, and $485 99 125.00 for each additional 1,000 cubic yards or fraction thereof. (b) The processing fees required by paragraphs (a)(1) and (2) of this section shall be waived for governmental entities and agencies. ARTICLE Ill. 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-.59 300.00 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 $79:89 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. *9I Section 5. Chapter 54 of the Code entitled "Streets and Sidewalks", is amended in the following particulars:{1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 54-3. Permit required for work that obstructs or closes a street, or sidewalk or impedes traffic; fees; waiver of fees. City of Miami Page 5 of 12 File Id: 10-01002 (VVersion: 1) Printed On: 8/23/2010 Submitted into the public rccoid f'o ite (s) ��Z on City Clerk File Number. 10-01002 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 $100-88 115.00, 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_ i,1 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 1. 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 $147-.59 180.00 for the first 5,000 square feet of area to be filled, and $485;90 120.00 for each additional 5,000 square feet of area or fraction thereof. The permit fee for filling submerged land shaft be $367-.50 425.00 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 $100 00 115.00. (b) The fee required under this section shall be waived for governmental entities and agencies. ARTCLE If. 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 fling a petition, a minimum of $79-88 90.00. (2) For removal of sand, rock or earth by pumping or otherwise, from lands submerged, or City of Miami Page 4 of 12 File Id. 10-01002 (Version: 1) Printed On: 8/2312010 Submitted into the publ�� record fol ite ,(s) on City Clerk File Number. 10-01002 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 55-150) 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 $44-:99 13.00 (2) Single-family or duplex residential construction, reconstruction, remodeling, renovation, repair or addition permit 26-09 30.00 (3) Multiresidential and all nonresidential construction, reconstruction, remodeling, renovation, repair or addition permit x-76 90.00 (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 Ciq of Miami Page 3 of 12 File Id: 10-01002 (Version: 1) Printed On: W312010 File Number. 90.01002 "CHAPTER 2 Submitted into the public , record i r l,c n ADMINISTRATION «ri City Clerk ARTICLE 4. DEPARTMENTS DIVISION 4. PUBLIC WORKS DEPARTMENT 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 $210.0 ) $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 $243-8A $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 ... 4 58.00 190.00 c. For resubmission of tentative plat by different owner ... 468.00 190.00 d. For resubmission of tentative plat with new boundary ... 4:99 190.00 e. To accompany final plat when submitted for recording ... 399 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 governmental entities and agencies. City of A iami Page 2 of 12 File td: 10-01002 (Version: 1) Printed On: 8/2312010 of City of Miami `t�" •• a� Legislation ��% Ordinance File Number: 10-01002 Submitted into the public record f_�it M(s) on��. City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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/Dlvislon 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 Miami Page 1 of 12 File Id: 10-01002 (Version: 1) Printed On: 8/23/2010 Submitted into the public re ore s ite}n(s) _ M�_ City Clerk _._..S,L� .nirctt�rrto the public rccord fo itc I(S),� on vy Citv Clerk File Number. 09-00555 (e) (d) All permit applications submitted under this section in , to the department of public works a#eFeF—a ; 2099; shall be awarded on a first come, first serve basis. (f) ll 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. @) fM 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 pair 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. All 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. *11 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 /T4 CITY ATTORNEY Footnotes: j1) 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 Brand Page 17 of 17 Printed On; 8118/2009 Suhinitted into the public City Clerk File Number 09-00555 (b)ToboAdceptable for filing, anapplication for the grant ofapay telephone permit shall contain, at minimum, the following information: (1) Site pbom, in accordance with section 54-420(h) and a copy of the applicant's public mon/ice commission certification. (2) Bond, inaccordance with section 54-423. (J) Indemnification/hold harmless agreement, in accordance with section 54-424. (4) Insurance, inaccordance with section 54-424. (5) Approval for provision of service from local oanhoa provider (e.g�`ie BellSouth AT&T) showiimg telephone number of proposed pay telephone (if available). The permittee shall notify the city in writing of any telephone number change for anapproved/permitted pay telephone. (6) A Global Positioning System (GPS) coordinate, within ten 0 0) 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 AudditimnaUy, the time for processing by the city of such application shall not begin uod[ all requirements have been met. issued pfier- ie july 1, 2000, shall expire on july 4, 2000. All mpently pper-mitted pay te!Bphene pFevider-9 that aFe pi:esently GeF#fied aS 66IGh by the Florida Publie. Re.pAnce C-p-mirnissiaR (P -Sr-) shall P9FMk, in arveei;danse with subeestlen 64 414 (G)(2) and (3), all sument pay teleph9se lesatione, for- a 30 Galendar days ftem july 1, 2000, a Gampleteel pay telephone peFFnit app! Gati-I ii in _Mn_G__Mr__n_-e-WM this aFtaGle, along with the pay telepheRe PeFFM appliGation fee, in a6eepdanGe with seGtioR 54 419, fQF each pay telephone te be peFmitted, no later- than QGtabeiz 4, 2000, the annual peFFnit fee, in aGGerdaRGe with GeGtiG;; 54 4 18, for each pay telephone to be PeFMitted. (4) EaGh pay telephone pFevideF shall be required to install and FnaiRtaiR, at no GhaFge to the Gity, a (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 city7owned-and o - j��erated 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 1?ermitted in accordance vAth this article, an WebeF 1, 209G. City ofmiand Page 16w97 Printed On: 912WO09 5ti'imitfecl 'i'1 to the public record f r it rn(s) ( A . L on i %! I T—. City Clerk F:ls Number. 09 -On r, 5 department an insurance certificate and bond and also the appropriate fee in accordance with sections 54-265 and 54-266 of this code. (.2) M The department shall Mmark approve placement locations with a template so that distributor's installation crews can easily identify location for newsracks. ARTICLE Xl. USE OF THE PUBLIC RiGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES 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. M 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 Page 15 of 17 Printed On: 9128/2009 �tthmstt^cl into the pu is - record�.�/ aLJ�_`Imss) ?/Y / on I 0 . City Clerk File Number. 09-00555 (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 rictht-of-way 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. (6) A Global Positioning System (GPS) coordinate, within ten (10) feet accuracy, of each newsrack. (c) Procedure. . (1) The department of Qublic works and the department of neighborhood enhancement team shall Rreview the application including the di&ibuter's 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 Page 14 of] 7 Printed On: "&7009 u 7rllitted into the public record fo iter (s) M. on City Clerk File Number. 09-00555 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 Wig; fire rescue; neighborhood enhancements team, risk management and finance and �sk management di,.(0649R). (d) Within 30 15 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. City ofMi—d Page 13 oj17 Printed On: 81*2812009 Submitted into the public record ti iteT (s'nl• on_ City Clerk File Number 09-00555 Sec. 64-56. Construction, reconstruction or repair of street improvements required when adjacent property Is improved by construction of $26,000.90 $100,`000.00 or more in value or exceeding 6591,000 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 adjacent 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 $899:88 $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 adjacent 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 adjacent property. (s) f!Q 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. (4) (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 he 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. (e3 fu 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 wapks 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 Miami Page 12 of]7 Printed On: 817812009 Submitted into the public record f04 ite n(s) File Number. 09-00555 Clel 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 mon 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. Sec. 54-54, Allowing sidewalks, swales and curbs to remain in dangerous condition. thG r theiF PFGPeFt!,;-. (a) It shall be unlawful for any owner, occupant or agent of any ProPerty to which a sidewalk, 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 genera( 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 shall 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 sidewalk, 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, worn 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. City of Manzi Page 11 of 17 Printed On: 812S,n009 ubrriitted into the public -' record f r it (s) Q) , 2 on City Clerk File Number. 09-00555 times during the term of the permit. Non -Governmental Applicants: . Prior to the issuance of any such permit, the non-governmental applicants) shall submit to the city a certificate binder or policy of liability insurance for each non-governmental 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 thereto, which shall include the city as an additional insured. The certificate must also include coverage for ail owned, hired and non -owned autos with a combined single limit of One Million Dollars ($1`000000.00) 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 agreements) 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. 0 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 govemmental applicant in accordance with and subiect to the limitations as set forth in F.S. 4768.28. IM Additional permit conditions: It shall be a condition precedent to the issuance, to both govemmental and Lion -governmental applicants, of any permit for work to be performed in the public right-of-way that the persons) 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 apmlicable 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 severable responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for anv damages regarding restoring the public right-of-way to its odgiinal condition before installation of the facilities and for any damages regarding continuing maintenance of the Public right-of-way fG4 Lel 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. {e) Mf 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. City ofmiand Page 10 of 17 Printed On: 812812009 Submitted into the public record fIr it ) __ %-rn(s_�"-__ City Clerk File Number. 09-00555 section, the company or agency shall deliver to the director of public works a surety in the form of a pertormance bond prescribed by p.S.§255.O5, 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 right of w or easement for recurrinq permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subiect 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 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 therein fix sUGh t4ne f9F G9FAPleti9R 0 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 surety, to be returned to the person, company or agency to whom the permit was issued. (5) In the event that the permittedep rson, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit, all payments including the above-speGified referenced Gash bend, OF oashiegs Gheek, ag[gly 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 teaeys monies shall be used to complete the work. Any costs in excess of the available forfeited meneys 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. Any forfeited naefleys 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 permit(s) to said individuals, company or agency. (d) Indemnify, hold harmless and insurance. it shall be a condition precedent to the Issuance of anv such permit that the aoolicant/permittee 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 shall, further, hold the city, its officials and employees, harmless for any iniuries or damages arising or resulting from the permitted work unless such iniuries or damages result from allegedrta ossly 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 City of Miand Page 9 of 17 Printed On. 8128/1009 Subm-Mcd into the public record i ;,- i, M s) on_ � City Clerk File Number. 09-00555 Each Street fiuniture (benches, waste receptacles, bicycle racks, etc.) ... 250.00 Drainage structure (inlet, manhole, etc.) ... 2,000.00 Decorative illumination (fixture/pole/mounting) ... 5,000.00 ON I WOMIAM• s (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 pay deliver to the director of public works a surety in the form of cash or serlified 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 kale 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 Miami Page 8 of 17 Printed On: 812812009 Submitted ilito the publ* ll recd !�, File Number. 09-00555 registration. or a franchise joreement, 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 Mlami-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; fern -e€ pe Upon compliance with the terms of subsection (a) of this section, the director of public works shall calculate the cost, epaFtment peFfoR:ns the work 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 Mane Page 7 of 17 Printed On: 8/2811009 _.,.... __....._...,...w.�umiited into the public`....* record f r itq n(s)� on City Clerk Me Number. 09-00555 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. Lal Except as provided In article III, 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. Lj Ovedmd 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 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 11. 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 fug 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 such permit will not be granted, as the case maybe, 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. 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-repalred 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 Miand Page 6 of 17 Printed On: 8/28/2009 Submitted Wto the public` record for itc n(s)!� City Clerk File Number. 09-00555 nn 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-governmental applicant (Instuding-eaek� agFeeme#) in an amount not less than One Million Dollars ($1,000,000.00) per pepsen occurrence, Two Million Dollars ($2,000,000.00) aggregate per-iasldeM, and any endorsements thereto, which shall 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 employers liability coverage as required by statute and which shall provide that said pefMA insurance shall remain in full force and effect during the entire term of the permit and any Feiated GqpAinuinq mainteRanGe and resteirati L Additionally, all such permits for non-governmental applicant(s) shall be subject to annual review by the city's Risk Management Department Department and the applicant shall be required to update as necessary to protect the city with any and all types and amounts of such insurance coverage(s), lettef-afr.,redit(s). (2) Governmental Applicant(s): Add4ienally, pE!rior to the issuance of any such permit, the governmental applicant(s) (insludingeat# agraeraeRt) shall submit to the city a certificate biF;deF er policy of !;ability insurance or letter o self-insurance for each governmental applicant ' in accordance with and subject to the limitations as a- limit - €liability set forth in F.S. § 768.28, , whiGheYeF is @FeateF, "iGh shall inGlude the Gity as aR additional insured, and whiGh shall pFevide that it will Femain it shall be a further condition precedent, for both non-uoyemmental and governmental 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 aad f9F City of Miand Page 5 of 17 Printed On. 8/78/2009 _-Submitted-ir.m the public _ ,..._.__ recordf r 111s) )- 71 on City Clerk File Number. 09-00555 traffic; fees; waiver of fees. (a) Scope. No person shall 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 fiFe-reseMe off-street parking 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 fife -rescue 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 farm 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 mall persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/herr4r, their interestfparticipation/representation in the permit application or to fulfill ail city requirements for issuance of the permit shall result in an 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, (;entinuiRg use of the PUbIiG Fight of way by any suGh peFson(s) shall FeqUiFe all SUGh peFsens en the (c) Indemnity, hold harmless and insurance, t 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. LI) Non -Governmental Applicant(s): City Of,Hia"d Page 4 of 17 Printed On: &/28/2009 Submitted into the public recordf, r it n(s) U7 on City Clerk File Number. 09-00555 Sec: 544... 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. Enalneering Standards means the minimum standards pertaining to the design and construction of all 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 any 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 failing, declining or ceasing: to keep in good order: keep in -prover condition: kgep in repair, as it pertains to the private propgrty 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. Non-governmental 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 any material obstruction to visibility is prohibited which would result in concealment of a child over two and one-half (2 %) 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 6 9D8.11 of the City of Miami Zoning Ordinance and includes the area bounded by the extension of the diiagonal 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 of Miand Page 3 of] 7 Printed On: 8/28/2009 Stibibi ted into the public._* record f! It ;:i>i 1.2 on Z� � f ►X_. City Clerk 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 111. 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 Ma authorized representative with the appFaval 9f the G4y manage . See. 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 k k « « « ARTICLE 1. IN GENERAL Cary ofMiami Page 2 of 17 Printed On: &/ WO09 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 property 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 Mland Page I of 17 Printed On: 8/28/2009 Submitted into the public record fig r ite (s) on City Clerk of ,, City of Miami City Hall 3500 Pan American ii Drive -•• ;�: Legislation Miami, FL 33133 .Q� wwmmiamigov.com Ordinance 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 property 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 Mland Page I of 17 Printed On: 8/28/2009 Cj10 Submitted into the public record f tte (s) on Ll City Clerk MIAMI DAiLY BUSINESS REVIEW pts ppiy pcgpt Saturday, Sunday and i,egal Horldays btwK W=H)ade County, Florida. STATE-0fi' 0OUNTYQFNM=43AM Before the trtlbt>l4p" authority personally appeared Octeimg V. Fobeyrts. WW on oath Says that she is the Superviaa. IA10 Math of the Miom: Daily Business Review two 111111101111 Itertaq, a daily (Pt aSaturday, Sunday and Legal itoQ4113A per —Wer, published filaml- Cada i ot.00 . tioei tit *v attached icecopy in tof GdvOmattrise- ot mem, bekrp a Lao Adrdesem CITY OF MIAMI ORDINANCE No. 11937 iwnat�n..plt}.........?c?�cxxgx..................... court, �JLpl/ My�UUU Pperiottalitugof Affiant ttvOW says boot the said Miamt Dally Business govj,w is A newspgm po"shed at Miami in said Miami - Dade Courtly.Rwlgb4a" Shot to Said newspaper has heMofere heap 00 lbtaoa 31 published in Said Miam}Dade County, Rem. eft* dry (except Saturday, Sunday and Legal Hotter me been enterad as sacond class maid matter at the Post 018M in Miami in said Miami -Dodo County, Fjwhhj6twapodod of one. year next preceding the first publl noW d alto anw*ed copy of advertlsement; and aHlant turtbsr sats so We hasneither paid nor promised anv nersokAm or •discount, rebate, com- ®17• M .,c.,; r-. . m. (SEA1.)MAfi1A 6 MESA sl?�r' 1i 2yN 1 cc 886840 Otnatme v. im ttt l 4, Y004 `�•';r• aatvkdleroNoiutrRu6UeUe6tnnletrt J", Lif r�i l}Riniteeetsdpemons wlii take itbtice that on the 291h of June, ZaW, 1 City 09wa fission of . Miami; 'Florida adopted the topowinp fed- ' .;._ ORDINANCE NO.1i.93Z' 40 EMEjRd JCY QRDiNANCE'OF THE -MIAMI •-CITY' CO.L .— i1�ON:AMENDING'CHAPTER•54, ARTICLE XI:, OF THE -60EOE OF THE CITY* Mi;Wl: •F,•L'ORIDA, AS AMENDED, E!4 • flLEQ - Meie TS At4D,SiDtWAL-KS; USE.OF THeLPUBM FX9f S•OF-WAY '•FOR' •INgTALLA'S"iON. OF - PAY TEtt—' ?F01tES';•TO SROViDE FOA UNIFORM PROCEDURES RE-. U1i7N(3 TO THE,GR/ANTING- OF PEAMI•T,S F,OFt N- THE CO • t t soaL-rit*'INSTAL ATidN,.OPER74?lON-''AND MMNil:' SOF PAY TELEPHONES 1N -•THE CITY'S-iauat]C"'- 013HIIS.OF-WAY, TO ENSURE CONFORMANCE WITH -THE P01.KNES-•AND PROCEDURES OF ?JiE. FLORIDA - PUB rSERVM,COMMISSiON.•('PSC').AS iT RELATESLIC TA PAS T1EL9PFIDNES;'TO PROVIDE FOR THE REVOCATION -0F; . •PAi TtLEWONE -PERMITS .FOR- NONGONFOI`lifi 10E'ti WI�FtTMS•QRDINANCE. AND -TO PROVIDE FOR UNIFORM C1DMP'VtSAT10N FOR THE• ;OST"OF REGULATION AND AD - hr + tATIdN-QF.THE"PROVISIOi4S;CONTAINEDJIN 0M " 'gFWwJ NYCE}'MORE PARTICULARLY BY AMENDING Sly- j l' •' Ti01i A 5.4.44 f 'THFIOLIGHS4-4211,• CdNjliINING /iREi'EALEIi PAdWWN AND'A•SE�/EWIL4TY &Al1SE•,ANb PROVP . • 3. � AN £F, PECr•IV�,DA• E,. Aii t�miNat;it� QR•rT7i MiAMt.otTY cii►sfaloK�[an�No• . . a 752 . wAll'u, - ,iM1r%==1 ii n Y ,a �Gri1U.rLa/ /{DG t evrLVnR7 r . IJI SRt30NSTANDARO•• WIDTHS',• MDDIFY T -ME YNWTH OF,,CERTAiN S7R£ 8; 1AVENUES, AND'P4ACE IN • i,t = ' THE OVERTOWN COMMUNITY: MiAMI, FLORIDA; CONTAIN - m'.71 f1:PEALER PkoviSlOFOR AND -.A 'SEVERABUJTY' _ CLAt1SE, ANO -PROVIDING. OR AN EFFECTNE DATE. ,-- S�ii otiinances•inay lie inspectei! bythe public.N the Olfioe of i ie64- feik, 3SW Pan American Drive. iAan 4,;Florida, Monday ' _ '• Friday, excluding.holidays;'betvveen the hours at 6�am - ' Ili irYeieged persons may,appesr at the meeting and.may Ere belled- ipmiiepad!ptheproposedordinance6..Shoio,anyperson;d.9wAtgap? ;IxW etydetdt wn 6f the City Commission with respect to anymatter4pbe,= 0xistdeled-at stis•meeting, that persort;shatl ensure Ihid a vetbaiitit; deWnd-OIL pnxxedings-is:made including ill testimorri and &ilmt;6i upon W id anyappeal may be based. - .• ••i WALTER.J.•FOEMAN CITY -CLERK ` tlieie5l.� : - rn .' , ' ec:a.gsit;grstai�i� MAN DAILY SWINESS REVIEW PE460001 DAY SPI Saturday, Sunday and JAW MP+oL un hGam60ade County, Florida. STATE OFRXXMDA' COUNTY OF MM11a AW -- Before dw andersigned-mahorfty.parsonaily_appeareN Scolds 1V[tliaos, wino ar oath says that she )s the Vice Piesident of Lagd Adear" 01 the Miami Daily Business Review Mote 89" Rtri- Ir a daily (except Saturday, Sunday and Le9rd Holdft# eerispaper, publmhed at Miami In M►ami- Dade GoaaW. FIWx 4 Brat Nre attached copy of advertlse_ merit, haft atftW Admftment of Notice In -the matter of CITY OF� MIAMI NOTICE OF PROPOSED EMERGENCY - ORDINANCE JUNE 29, 2000 )nth& ............ ..................... Cowl, Oat pubptlyd [n saidravreI on, in the leaitss of Jun 29, 2000 AM3M fe 1bw awjs *t the said Miami Daily Busineas RevieW is a aarspaper pubashed at Miami in said Miami. Dade County, FlwiQa, and that the said newspaper has heretofore been 00101100019dy published in said Mlami-Rade County, Fulda, saeb "Y )except Saturday, Sunday and Legal Holidaft and ire: been entered as second class mail matter at the prat voice le Miami in said Miami -Dade County, Fiorldg for apafnd of one year next preceding the i1MI pubIWO a of 90 8114 bed copy of advert)samenC and affiant tp SMS 9" she has neither paid nor promised any pe *= ar 000adon any discount, rebate, com- missi n*mdfortheptasxsseofsecuring this advertise advertise- men?? pubdeaAfon 1n d+e said /nowspa ter. D 19 .. Ond subs e me this 2000 1Nflfferbs try )mown to me. ANEIT� T L ES+,(, NOTARY KAIUC STATE OF FLORIDA ta0MM795iON No. cC 9UM Y ISSION EXP' • NE 232M i - ., 1. 11-----------� a NOTICE OF P;0W;ED EMERGENCY ORDINANCE • 'r Name n hereby giveh that the Clty Commission of -the City aHtifW(* F1briAR Vodf cbnsider the following proposed. Ernekbency Orditgance: d$- perssg with Ihe'reg Arginent f6( two separate readings, on Jime29,21W co rimenclo-V at' 1 O.IoV a.nt , in -the City Commiseibn Chambem X= Parr' bdve, Miarrjj. Florida:' '• ' •`AN 1!Si �dENCY ORDINANCE OF,THE MAmi-wiry ' WSSION AMENDING CH•APTE'R S4:=X1.. OF 7HE 1CODE OF TAE•CiTY o;FV)A. M),fiLORtDA; AS AMENDED, EN-' '- T171 0 -OSE- OF •T9t'-P0$LiC RIGHTS-OF-WAY, FOR' NJ- ° STAL 4-FION •OF PAY TELEPHONES', TO PROVIDE FOR UNIFORM• PROCEDURES REL'ATiNG TO.THE,GRANTM OF "PERMIT§-•FOR'THE.CONStAOCtION,.1NSTALL A-nQN,-OP- EAATtON, iAgb-'MAINTEf4ANCE•OF•'PAY TELEPHONES'1M- -0 3OWCIi 'S FUBUO RIGHTS•Or-*AY; TO ENSURE CON- FORMANCE°WITM THE PQQCICi£$ AND'PROCEUURes OF - yE,FLCSRlbA,'Pl�BUC 8ER)/)C'r CpMMISSK)N (PSC) -AS IT = '- .t"TBS'Ti( ' PAY-TSLEPHONE94' TO' PROVIDE FOR 7 ,T 'RSNOCgTiON OF RAY T'eLlpiiotie,PCRWTS FOA NON- CONFORMANOt WI'IrRIH1 .•O DINANCE, AND TO'PRO•• • . VIDE FOR UNIFORM OOMPS?OATIOWFOR.THE COST OF " ''REGULAT1ONAND ATS)Y"I , CION OF T418 0ADiNANCE: •; CONTAININGA RSPPALR # VISION ANDA SEVERABIU- IY p ?1LSL' A1+tD PROVIDINQ FOR.AN,EFFECTWE DATE.+' ,• ., ,... .'Said plopgaed,emarge4 ondlWtch may. bd in5i.IM 6 by ttw' ' publican the Office of lhatChy Clerk,_36()() Pan A liken Drive, ' ;Mlaitr� Florida,•11Aohiiay through"!=ridgy. txdi)ding'»otxlayGbe-' Nree(tthe hours ii sj.m: and.5 p.m. ' 'All "erested•persons rnayappear'auhe ineeting and may be heaai respe;t.;oih@proposed emergency'drdinanee.•Should ani -person. httb'appeal'any'deoisidn'of the City CbrhmWith h idspect to e4 )o be Considered at`this'd eting,-that persdh"sliafl ensure -OW a. varbodm rswrd of the p6ceedings is made btcludi6g ad seswdoriq and! uppn whicdE�n1!appeal "y behased. 0p) • • WALTER•J. FOEMAH +' C3ITY txERK• ALA rcJ10 tan�:dSlr.A�tfNA City E CITY OF MIAMI, FWRIDA NOZTCE OF PROPOSED EMERGENCY ORDINANCE Submitted into the public record f i a rn(s) 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 June 29, 2000 commencing at 10:00 am., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN EMEROENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENUILED "USE OF THE PUBLIC RIGHTS- OF-WAY FOR INSTALLATION OF PAY TELEPHONES". TO PROVIDE FOR UNIFORM PROCEDURES RELATING TO THE GRANTING OF PERMITS FOR TAE CONSTRUCTION, INSTALLATION, 0MRATION AND MAINTENANCE OF PAY TELEPHONES IN THE CITY'S PUBLIC RIGHTS-OF-WAY, TO ENSURE CONFORMANCE WITH THE POLICIES AMID 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 CAST OF REGULATION AND ADMINISTRATION OF THIS ORDINANCE CONTAINING A R1 EALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed emergency ordinance may be baspected by the public at the Office of the City Clerk, 3500 Pan American Drive, M'iamt Florida, Monday through Friday, excluding holidays, between the hours of S a.m- and 5 pm, All interested persons may appear' at the meeting and may be . heard with respect to the proposed exnargeacy ordinanice. Should any person desire to apped any decision of the City 'Commission with respect to smy matter to be considered at this medins that pemon shall ensure that a verbatim record of *e proceedings is made including all testimony and evidence upon which any appeal may be basest. (CITY SEAL) (#13290) WALTER J. FOEMAN CITY CLERK Submitted into the public record f r it m(s) ^ N on City Clerk C F 177 O tJNARRt, FLORIDA 8 INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and DATE. JUN ' 14 2000 FILE: Members of the City Commission sua►Ecr: Emergency OrdinanceAmwding Chapter 54, Article XI, Use of the Public Rights -of -Way FROM: ��t,�,,,p$ A. z 0 For installation of Pay Telephones it Manag RfiC011dIyIENDATION: It is respectfully recommended that the City Commission adopt the attached emergency Ordinance amending Chapter 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". 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 conformance 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. BACKGRQ�: In 1993, the City .approved Ordinance No. 11099, authorizing the installation of pay t &41ones on or over public streets and sidew 4s, subject to certain conditions and the payment of permit and user. fees and setting for* teams and conditions for permits to be issued to pay telephone companies. The City" dined that pay telephones are an esserda3 service to public convenience and hkrcs4 that it is necessary to reinforce the ability of the City to regulate the construction, installation, operation, maintenance, repair, and we 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 poi'>sies and procedures of the Florida Public Service Commission (PSC); and that it is necessmy to assess a uniform annual pennh flee that will cover the costs of administration, regulation, and enforcement of the pay telephone ordinance. CAG/BWH/AGS/ecb 11937 Submitted into the public record fo itc 11i s? 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.V PASSED AND ADOPTED BY TITLE ONLY this, '29th day of Junco , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Seo. 2-36, since the Mayor slid not Indioate eppmval o1 this legislation by signing It in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days frop the d Of Com No n action regarding same, without the Mayor ex ATTEST: aR d. F e an, City Cleric WALTER J. FOEMAN CITY*CLERK AS YQ)F AND CORRECTNESS O VILAREL11.,,�(,n CI ATTORNEY 1 N""''�i"'' 01:YMT:RCL:BSS y 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 into the public s �:::: ;� f r it I(s) o,,, City Clerk license, or other agreement it enters into with any pgerson authorized to use, lease or license any or all of the pRermitteess facilities and shall furnish the name, address and telephone number of such sublessee, licensee or other user. r,ee2 54 42e Sec. 54-427, Service of notice. All notices required to be given to the eCity 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 eCity's public worics 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 deemedgiven, whether actually received or not, if sent by U.S. registered or certified mail, return receipt requested, postage prepaid, and addressed to the pPermittee at the address given in its most recently issued permit. See. 54 429. Sec -,--54-428, So liability or warranty. This article shall not be construed to create or hold the eCity responsible or liable for any damage to pRersons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any pPay t -Telephone 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 11937 luIs Submitted into the public n r record f t71i sl M, 1. on City Clerk written evidence of the issuance of replacement policies within thirty (30) palendar days following receipt by the e.City or the VRermittes 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 eCityIs director of -fFinance 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. -425, Police powers. Nothing in this article or in any pPay tTelephone pPermit 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; assigEnents; 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 pPermittee with another company shall not be deemed a transfer or assignment. However, written notigg thereof shall be give to director of public works. (b) The pPermittee shall, within (10) calendar days, r_--:'ptl , in ..__ti.:g, notify the efity's pkublic wWorks director, in writings of any sublease, Page 21 of 23 11937 Submitted into the public record fr ite (s) _ . L on 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; judgmentsi 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 15 errhittee's pPay t-Telephone(s) or the granting of the pPay tTelephone pPermit. The granting of the pPay tTelephone pPermit agreement is a separate and distinct consideration for the granting of this*indemnity. (c) Upon the granting of a pPay t -Telephone $permit 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 e.City, its officers, boards, commissions, agents or employees from any and all claims by any p2erson whatsoever on account of injury to or death of a pPerson or pgersons occasioned by the operations of the pPermittee under the pPay t -Telephone 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 pPerson whatsoever for property damage occasioned by the operation of pPermittee under the pPay tTelephone 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 name the City of Miami as additional insured and shall be in a form satisfactory to the e,City's insurance manager and shall require thirty 130) calendar days, written notice of any cancbllation to both the e.City and the pYermittee. The pgermittee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the etity Page 20 of 23 11937 Submitted Into the pu7 ilyc . record lb etc i!s) onCity Clerk See. 5 • _w Zw Sgg. 91-423, Bonds. (a) of finance and the eity ll $Persons, submitting a request for a pPay tTelephone pPermit 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 attorney's fees and costs of any -action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond, which shall not exceed the amount of $50,000.00; and the condition shall be a continuing obligation during the entire term of any ptyay t-Jelephone p—ermit issued in accordance herewith and thereafter until the pl`ermittee shall have satisfied in full any and all obligations to the eZity which arise out of or pertain to the ppay *.Jelephone pEermit. (b) None of the provisions of this section nor any bond accepted by the eCity pursuant hereto, nor any damages recovered by the eQity thereunder, shall be construed ,to excuse the faithful performance by or limit the liability of the lEikermittee under this article or any pPay Telephone pP-ermit issued in accordance herewith or for damages either to the full amount of such bond or otherwise. See, 5 4 -425. Sec. 54-424. Indemnity and ixum^ance. (a) The City 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 ppermittee's pgay tTelephone(s). (b) The permittee shall indemnify, save and hold harmless and defend the etCity 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 Submitted into the publ*e record f r ite (s)� ^n City Clerk COT-Onlaint . (b) by the publie. . 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 og mit 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 fgom the aStreet or eSidMialk. ne . suz:. The Pay Telephone . so removed shall be Pay Telephones) 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 plus storage costs, to compensate the City for costs_ incurred for its removal d storage. alleel e s t to �_ an .t _ ..� age --s Page 18 of 23 1-1937 Submitted into the7&—?, 'record f r it° �iS)0� City Clerk f . All _elep ene ;bra- -shalom be kept ettt !.-d to the _ tel ephe Any pgermittee who'fails to maintain its p2 -ay t-Telephon6 in working condition maet Abe given a 30 -day written notice by the department to repair the pF-ay t -Telephone. If the pgay tTelephone is not in working condition at the _end of the 30 -day period after proper notice is given, the department may revoke, the perwit and remove the pPay Telephone from the a3treet or sSidewalk, in accordance with section 54-422. The-- - liability far the equ4:pment reTneved permittee;A;-A-se pay telephenxe(s) has been.. tetal eests 7:neur ed ter its aFeme-,ral an sterage_ . permittee; •' shall, Within thil'ty (3n1_ _l_ _ela days aftee proper written request is given L. ,the department, seele pe ssion—��,—�e peblie serviee--eermission to restrie*t the _ay r �-s telephem be -__L.-S et Y" the lea i a `to outgoing ng .cal wife -- tepi (19) --efllendar after reeeivi-ng, Sec. 54--422. a =ratea—,- Pay Telephone Permit Revocation; removal generally and storacae costs. 33939-L____ _ _ —_ _ __ 'epza__`_F M r� Page 17 of 23 ... . 11937 Submitted into the public record f r iite (s) __ on _ . Citv Clerk (1} Pay C -,Telephone enclosures surrounding pRay t -.Telephones shall not exceed eight. feet in height, four feet in width or four feet in depth. (52,) The design of all pgay t -.Telephone enclosures, including signage, shall be subject to the approval of the department of public works., (41) Pay telephones shall be maintained in a neat and clean condition and in good repair at all times. shall —inel.ude , hid net e -limited te, the following: Page 16.of 23 11937 Submitted into the public record foiter (s) on J City Clerk director may also orders- ether elie` as he deems fair, neitrdisg—loeeltrsring reeMire that the play tTelephone to be restricted to outgoing calls only. A 11threat to false health el-welf-are sial- ffteasp— the —c9r=rst'efiee--ef----spubs.-anti aetivity as sed—€erth-in--stibseeti-ens---(d) abeve. Permittee shall, within thirty (30) calendar days after proper written request is craven by the department, seek permission from the publicservice commission to restrict the Pay Telephone to outgoing_ calls only. Permittee 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 tTelephone 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 twder `h'bunees. It is the obligation of the (4:�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) --(c) and (ed) of this section and in sufficient detail to describe the proposed size, location (referencing the zoned -s-Street and monument line), equipment and means of installation. Sec. 54-421. Standards for maintenance, installation and operation of pPay Telephones. Pay trTelephones 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 c,... ,, F itcyn(s) City Clerk 4-e+ Except for subsequent application by the same pPermittee for the placement of an additional pPay Telephone adjacent to such pPermittee's existing pPay t -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 pPay tTelephone shall. be placed on the Streets or Sidewalks within 34-G 500 feet of any other pRay tTelephone on the same side of the aStreet on Qr a sSidewalk within' 3&9 500 feet of another pPay tTeeleep' honein ...,.,, �; .��.-,[i,. --� --eemme��al di`t -strias deseribe�n erdi -2anee lie. -!!Goo, Ao A, .. L.e ......_..ig a.`.7..._ane of the ei ty as afnende , (€t) 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 amity, 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, eerie enfereeme_t department, the department of publ i c works, e r—gym--a ekNeighborhood eEnhancement tTeam (NET) service center, oXr other City code enforcement personnel that the location and use of a pPay tTelephcne constitutes a tette-tete-heal h and welfare of the-eemmu-ity teeters-eendiae eenstitutes-zi1t eat-t-o--the-health a -d welfare of t�re eery. - the direeteiTiede subsbent-4:al: evidenee that the leeatien etnd use of the pay telephene ee tet-it"bee+-a-tz-rreety`—t0 the health and Welfare v�cre eemnun�ty'a public nusiance, in accordance with. apter_ 4a Public Nusiances, of the code of the City of Miami, as amended, thirty (30) calendar days after proper written notice. is given to the pgermittee, %e shall revehe any permit isseed by the department fer- telephene fret --the— street er sidewa-lle,--lie the Page 14 of 23 11937 Submitted into the piublic record f it 11iw, on City Clerk (k) The pgermittee shall comply with all rules and regulations issued by the department of public works governing the construction and installation of pRay t-lelephones. In addition; (1) All service drops to pgay tTelephone shall be underground, unless otherwise determined by the department of public .works. (2) Any other pPay tTelephone.installations may be required to be serviced underground, a -t; t-, Sale a. publie in accordance with City code and departmental policy. Sec. 54-420. Location and placement of pPay t -Telephones. (a) The installation of pPay tTelephones in any manner connected with the 4$treets and or -&Sidewalks within the eCity 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 thei being blown down or around the sStreet or -&Sidewalk, but t}i-e� shall not be chained or otherwise secured to any traffic or -&Street signs, signals, hydrants, mailboxes or other aStreet amenities. (c) Pay Telephones 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) Pay telephanes shall ftet be plaeed Mr. srdewalles -er _t_eebs within aGG feet of -street Page 13 of 23 11937 SWI1111tted into the publ• rec, rci f r it m(s) on — City Clerk (e) The pgermittee shall restore any street or sSidewalk it has disturbed in accordance with the provisions of the.eCity's standard specifications for sStreets a d 2K e$idewalks or as directed by the e -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. (f) The pPermittee shall, at its own cost and expense, protect, support temporarily disconnect, relocate in the. same eStreet or e•Sidewalk, or remove from such -Street or' sSidewalk, any of its property when required to do so by the eCity because of eStreet 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 e5treets 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 pgermittee's cable. The pgermittee shall obtain written approval from the department of public works and other appropriate eCity agencies before installing any underground conduits where none exist. (h) The pPermittee shall keep accurate, complete and current maps and records of its facilities which occupy the -Streets and or eSidewalks within the e -City,• 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. (il The pPermittee, upon thirty (30) calendar days' notice by the eCity, -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 pgermittee shall obtain the written permission of the owner, including the e,ity, before it trims or prunes any tree or other vegetation. Page 12 of 23 11937 Submitted into the public ® record figr jt9m�i/s; ` V� on -- (�L�� i e City Clerk Sec. 54-419. Use of s8treets a3&6 or $Sidewalks. (a) Before commencing installation of a p.ay tTelephone(s) in any way connected with the eStreets or eSidewalks 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 t-Jelephone pPermits shall be issued by the director within o--wine-zig 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 }9l>ay Telephones, lines or cables. (c) Any pPerson who submits a request for a permit in accordance herewith shall include therein prepare 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 eEay tTelephone(s); beepme-- effective —en the date of exectrt�en af thee permit isetied in aeeei-danee herewith in the event that saeh (d) It shall be unlawful for the $Permittee or any other $Person 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 pp-ermittee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the eCity. Page 11 of.23 11937 Submitted into the public record f it (s} x N City Clerk --r ct • •_ AWE ._-_•i _•49147ME 1-4-9401 (1) All fee payments shall be subject to audit by the- City and assessment or refund if the payment is found tote 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 subiect to interest at the rate of one percent per month from the date due until -the date payment is made. Page 10 of 23 11937 We- Page 10 of 23 11937 etrb`eet---to— merest —at- Lie ----ram of- evie Page 10 of 23 11937 Submitted into the public record for i c1rrv3(sl (2) Per all other pay fi leph-enes _..__ n`_a: -Red persizan�-ce thie .-tte! ; thele 1 e..,„g fee s---- r r - f - mage _- Pay - __. -r__-__ -e _ ..l a_.- _ -- -i .tel 4 0.99 $349,99 4:-,2; $359_ $449.99 ,1, $459.99_. _..7 ekeLm 4 [1 The—rxeer Lee--deseribed -!6n stibseetions above sha;! be en a quarterly basis be the eityr event that pa tel rhe e (s) is /are a ee by the ei:ty pursu&t— te—this arti-e le- er- t the event that _ e r r e --es a pay telephone frem an appi-a-vre leeati-en-The Pay. Telepbone Permit year shall be�c in 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 eighteen percent (18%-) per annum of the amount of tbg unpaid or underpaid fee provided however, that such rate does not exceed the maximum amount allowed under agglicable 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 _ Telephone removed.. in accordance with section 54-422. befere .-yn fe ese, resdiain fzefa; &13 - Page 9 of 23 - 11939 1939 11 See. 54 15.- Technical standards. Sec. 54-Llf, Submitted into the public 0 rCt: Ii i0f IteI (s� �n City Clerk All technical standards governing, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of VRay 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. See. 5 116. 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 pPay Telephone pPermits; (2) Review and cause to be audited all reports and filings submitted by the pgermittee to the a.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, pPay tTelephone(s) established by pPay tTelephone pPermit in accordance herewith. See. 5 417. compensation for permit: late fee., Sec. 54-418. revocation and rez�oval of Fay Telephone(s) for nonpayment. (a) The initial nonrefundable fee payable by an applicant for a permit at the time of application for installation of pPay t -Telephones shall be $200.00 for each pPay t -Telephone requested to be installed pursuant to this article. (b). There shall also be an annual permit riser fee of 5150 per year per Pay Teleyhone imposed for the administration and_requlation of Pav TeleAhones in and the use or occupancy of the eatreets a�nd =,,9-5idewalks of the e.ity, revenues ee l l eet: ee> by --t the peigmi t -t e e telephone n - i r e pt-trBt*ant to this av •tel a t.s eet t-e—a—mininftm Eee--of—$190.00 peryearPer pay t. '1 --t......:. Page 8 of 23 11937 Submitted into the public record fiou its(s)___ 1, "'1 City Clerk .- * •-TtVAIWAST M-T.�-_ •- n -• _.e . .:�1,13 13 (e) All permit applications submitted in accordance with (d) above, ai well as any other permit applications 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 improved, a decal will be issued to he- provider for placement on the Pay Telephone in a manner such that it is easily visible to code enforcement personnel. (ct) At any time during thethree (3) 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 section -54-422. Sec, 54-4.4 Pay Telephone Permit locations. Sec. 54-415. (a) Any pPay t -Telephone pPermit issued in accordance herewith shall apply only to the location or locations stated on the pPay tiTelephone pPermit or pl!ermi t s . (b) The location and means of installation of pPay t7Telephones shall be subject to the department's approval. (c) Nothing in this article shall be construed as a representation, promise or guarantee by the egity that any other permit or other authorization required under any a,-ity ordinance for the installation of pPay t1elephone(s) shall be issued. The requirements for any and all other permits as may be required by any e -City ordinance, ' ne _n7 a mff the rights of war ttb4lizat-ie—n Vermit, shall still apply and all other applicable permit fees shall still be due. Page 7 of 23 - 11937 Submitted into the publ'c ® record fi itc (s) _ on City Clerk (1) Each Pay Telephone pxovider shall submit in writing to the director of the department of permit, in accordance with subsection 54-414 (_c) (2) thru (3). all current Pav Telephone locatigpg for a three-year term (with permit fee due annually) and providing a list of these locations or, alternatively, �ettinq forth those gRgcific 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 is � a location -that provider does not intend to 2ermit . in accordance with t ig artier, must be removed :prior to October 1, '2000. Permit application, in accordance with this article, along with the Pay Telephone Permit application fee, in accordance with section 54-418, for each Pav Telephone to be ermitted. (3) Each Pay Telephone provider shall remit to the City within ninety (90) calendar days from July 1, 2000, but no later. than October 1, 2000, the annual permit fee, in accordance with section 54-41$- for each Pay Telephone to be permitted. (4) Each Pav Telephone provider shall be required to install and maintain, at no charge to the Page 6 of 23 11937 Submitted into the publ' record fof ite (s) 1 on _ (�/ �City Clerk (d) In the event any 'pp -ay zTelephone pkermit shall be 'revoked, the applicable VRay *,Telephones (e) shall be removed from,the sStreets aed ar e1jidewalks in accordance with the provisions of.this article. 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 fine per Pay Telephone and storage costs in accordance with Sr,ction 54-422( Sec. 54-414. Pay Telephcme-Permit application. (a) A written Pay Telephone Permit application, along with the permit application fee, in abcordance with section 54-418 shall be filed with the department of public works for each Pav Telephone requested. (b) To be acceptable for filing, an application for the grant of a gay Telephone Permit -shall contain, at minimum, the foilowinct information, (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 the City in writing of • any telephone number change for an approved /Permited Pav Telephone. Any application for a Pay 'Telephone Permit shall Page 5 of 23 - .11937 AML tibmitted into the puvl' recordf r it (s) €>n City Clerk bTelephone pgermit agreement issued in accordance herewith shall be a nonexclusive- agreement -and —shall -be `e L3 t --Y :to lam l _tom . t dti tterne ^-�'i 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 p -Pay bTelephones In any. n,a te:r eam2eet-ed- Kith oc,'cupying the estreets or ssidewalks within the e:ity. Person shall mean an individual, business, firm, corporation, association, partnership or other organization or group -of pPersohs.' 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 sSidewalks. Sec. 54-413. Pav Telgphone Permit e92eemea :isquiredj length of permit -Find and removal of pav tal=hons (a) for placement without permit or certification. (a) No pPerson may place or maintain any $I !ay bTelephone on or above any street or-aSidewalk in the corporate limits of the eCfty without having first obtained entered into a pPay bTelephone pPermit agreement with from the eCity as provided in this article. (b) Any pPay bTelephone pPermitaff-re_raent;o; issued by the eCity in accordance herewith shall be a nonexclusive permit for the use of the -aStreets or ssidewalks within the eci.ty for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pRay bTelephones. (c) Any pP-ay bTelephone pgermit issued by the e..ity 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. 1193'7 Page 4 of 23 Submitted into the public record f ite (s) \L on 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, egnstruction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of pPay •tTelephones in, upon, along, across, above, over, under or infringing upon --eted with the -aStreets or eSidewalks within the corporate limits of the eCity, as now or in the future may exist; (2) To provide the e�Qity with compensation. for occupation and use pf the ie�City's Streets or Sidewalks rights of for fray t,elephones; 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 tTelephones. Sec. 54412. Definitions. For the purpose's 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 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 er designee. Pay -t-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, nr ted " t-hc Pay-tTelephone pEermi t. eagreemetrt shall meati the document by which a privilege is granted by the eCity to authorize a pgerson to erect, construct, reconstruct, install, operate, maintain, dismantle, test, repair and use ppay eTelephones occupying the s5treets ane or sidewalks within the e~City. Any ppay Page 3 of 23 - 11937 Submitted into the publl. Z record to iter (s) — on 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 ("PSC"); 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 OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as-if'fully set forth in this Section. Section 2. Chapter 54, Article XI, of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:11 "ARTICLE XI_ USE OF THE PUBLIC RIGHTS-OF-WAY FOR INSTALLATION OF PAY TELEPHONES 3� 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 emitted and unchanged material. - 11937 Page 2 of 23 Submitted into the publ- record f itch(s) ` 1 on _ City Clerk J-00-580 6/29/00 11937 1937 ORDINANCE NO. 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 PEWITS 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 54-429; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in '1993, the City adopted Ordinance No. 11999, (codified as Sections 54-411 through 54-429 of the Cade 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 public record fo ite (s) °" City Clerk Tab 1 The Honorable Marc Sarnoff Submitted into the public April 5, 2013 record fo ite (s) 'n 2, Page 3 on City Clerk We hope this letter satisfactorily addresses your inquiry. Respectfully, A igtBoulds cc: Julie Bru, City of Miami Attorney MIA -ACTIVE 407641 I.1 Gunster, Yoakley & Stewart, P.A. ATTORNEYS AT LAW .10 The Honorable Marc Sarnoff April 5, 2013 Page 2 Submitted into the public record for rte (s) 10 on -'I N City r', t 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 XI 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, Yoakley & Stewart, P.A. ATTORNEYS AT LAW 4'" GUNSTER 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 recordfo ite (s) on City Clerk Writer's E -Mail: abouiris@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 Attorney'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).1 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 I 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. 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