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Ordinance 96-3041 ORDINANCE NO. 96-3041 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING ORDINANCE NO. 95-3005 RELATING TO PAY TELEPHONES ON PUBLIC STREETS AND SIDEWALKS; AMENDING SECTION 5 BY PROVIDING FOR A REDUCTION OF THE $650.00 ANNUAL PERMIT FEE BY THE AMOUNT OF COMMISSION PAID TO PRIVATE PREMISES OWNERS, NOT TO BE LESS THAN $250.00; AMENDING SECTION 9 BY SUBSTITUTING THE PAY TELEPHONE ENCLOSURE AND PEDESTAL MODEL MAKE AND NUMBER APPROVED FOR USE; AMENDING SECTION 10 BY PROVIDING A MINIMUM RETROACTIVE ANNUAL PERMIT FEE AND EXTENDING THE COMPLIANCE DATE FOR EXISTING PAY TELEPHONES; REPEALING ALL MEASURES IN CONFLICT PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY, SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: SECTION 1. Section (5) of Ordinance No. 95-3005 is amended to read as follows: Section 5 . Compensation/Payment for Permit. (a) Th�nttec shall pay an annual permit fee of $650.00 for ach Pay Telephone installed pursuant to this Article, except that The annual permit fee shall be $370.00 for any pay telephones provided by local exchange companies as defined by the Florida Public Service Commission so long as such local exchange companies are prohibited from contracting with long distance carriers. For all Pay Telephones provided by local exchange companies, the City shall select a long distance carrier and shall receive commission on the long distance revenues directly from the long distance carrier. No permit shall be issued except upon payment of the annual permit fee. The City reserves the right to adjust the permit fee in the future. (b) All other pay telephone providers shall pay an annual permit fee of$650.00 for each Pay Telephone installed pursuant to this Article. However, if a commission is paid to a private premises owner, in said event an initial permit fee shall be $250.00, paid at the time of securing the first permit, and an additional permit fee shall be paid at the time of permit renewal, equal to the difference between $650.00 and the commission paid to the private premises owner plus $250.00. (c) The first $250 of all annual permit fees shall be non-refundable to compensate the City for the cost of administering this Chapter. Furthermore, no portion of a the permit fee shall net be refunded in the event that a Pay Telephone is removed by the City, the permit is revoked by the City, or in the event that the Permittee voluntarily removes a Pay Telephone from an approved location. (c-)(d) The annual permit fee shall be due and payable on October 1 of each year. Late payments will be assessed a $25 per month late fee for up to three months. If the annual permit fee has not been paid by the end of the third month, the City may revoke the permit. The City may use any and all lawful means to collect outstanding fees. 01-)(e) Nothing in this Article shall be construed to limit the liability of the Permittee for all applicable federal, state and local fees and taxes. SECTION 2. Section 6 of Ordinance No. 95-3005 is amended to read as follows: Section 6. Powers and Duties of City Public Works Director. (b) Promulgate and regularly review, as needed, regulations regarding the applications for Pay Telephone permits; the regulations shall be approved by the City Commission. SECTION 3. Section 9 of the Ordinance No. 95-3005 is amended to read as follows: Section 9. Installation, Maintenance and Technical Standards. * * * (b) All Pay Telephones shall be installed in accordance with the manufacturer's installation procedure in the ADCO Model 104-ST Enclosure with sloped top and P- 2000 Pedestal Econoline IW 1000 Payphonc Pedestal and Enclosure or other enclosure which the City may designate. SECTION 4. Section 10 of Ordinance No. 95-3005 is amended to read as follows: Section 10. Existing Pay Telephones. All Pay Telephones existing as of July 1, 1995 ("Existing Pay Telephones") shall comply with the requirements of this Ordinance, except the requirement of§8 (e)herein,within ninety(90)days of January 26, 1996 its effective date. However, any Pay Telephones located within the locally designated historic district and affixed to a significant architectural feature or detail of a historic or contributing building("Pay Telephone Attached to Architectural Feature") shall not be considered an Existing Pay Telephone. In addition, all existing Pay Telephones shall pay a minimum retroactive annual permit fee of X50 $100 and a maximum of $650 minus any commission paid to the private 2 - g premises owner per year per Pay Telephone from the period of time the Pay Telephone was installed for a period of up to five (5) years prior to the effective date of this Ordinance. All such Pay Telephones shall provide the Director of Public Works the installation receipts and commission reports for the Pay Telephone prior to a permit being issued. Existing Pay Telephones which do not comply with the requirements of this Ordinance within ninety (90 days) of January 26, 1996 its effective dates, Pay Telephones installed after July 1, 1995 without complying with this Article, and all Pay Telephones attached to an Architectural Feature will be removed by the City upon thirty(30) days notice to the Owner. SECTION 5. Codification It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach,Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 6. Severability If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 7. Repealer All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. • SECTION 8. An effective date. This Ordinance shall take effect on the 30th day of March , 1996. PASSED and ADOPTED this 20th day of March , 1996. /11 ATTEST: �I / / MAYOR o( 4 V4t&c'i&al& CITY CLERK FORM APPROVED 1stnnRRgeading 3/6/96 MHDDJ'I`:kading 3/20/96 LEGAL DEPT. c:wpwin60\resos\payphne2.amd //''// By 3 Date ' . --96 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 15 I- 9 to TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 20 , 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: AMENDMENTS Teo PAY TELEPHONE ORDINANCE NO. 95-3005 ADMINISTRATION RECOMMENDATION: Adopt the Ordinance, as amended, on second and final reading. BACKGROUND: This Ordinance was approved, as amended, on first reading on March 6, 1996. On July 26, 1995, the Commission approved Ordinance No. 95-3005, which regulated pay telephones on public right-of-ways. In addition, this Ordinance also regulated pay telephones which are located on private property but require the user to stand on the public right-of-ways in order to use it. During the Commission meeting, the Florida Pay Telephone Association expressed a concern with the annual permit fee of $650 .00 for pay telephones that are located on private property. Because these pay telephones currently pay a commission to the private property owner, the Florida Pay Telephone Association requested for the $650.00 to be amended. The Commission requested for the Administration, City Attorney's Office, and the Florida Pay Telephone Association to review the $650 .00 annual permit fee upon the submission of financial information by the Florida Pay Telephone Association. Continued. . . AGENDA ITEM 5 b DATE 3-20-9 COMMISSION MEMORANDUM PAGE TWO MARCH 20, 1996 ANALYSIS: Pay telephones provided by local exchange companies as defined by the Public Service Commission will pay an annual permit fee of $370.00 . All other pay telephone providers will pay an annual permit of $650.00 for each pay telephone installed pursuant to the Ordinance. The Administration, City Attorney's Office, and the Florida Pay Telephone Association have agreed to the following amendments: 1 . If a commission is paid to a private premises owner in said event, the initial permit fee shall be $250 .00 paid at the time of securing the first permit. An additional permit fee shall be paid at the time of permit renewal equal to the difference between $650 .00 and the commission paid to the private premises plus $250 .00. For clarification, this difference will be paid at the end of the permit year, and upon payment of this difference the pay telephone provider then will be allowed to secure a permit for any additional years. 2 . This second amendment deals with the retro-active annual permit fee of $250.00 per pay telephone for the period of time the pay telephone was installed for a period of five years prior to the effective date of the Ordinance. The amendment now reads that the minimum retro-active annual permit fee shall be $100 .00, and a maximum of $650.00 minus any commission paid to the private premises owner per year, per telephone from the period of time the pay telephone was installed for a period of up to five years prior to the effective date of the Ordinance. CONCLUSION: Adopt the Ordinance, as amended, on second and final reading. JGP:MDB:1cd-/7 _ Attachments F:CMGR:ALL$.COMMEMO.96.PUBLIXSA.PRP City of Miami Beach MEMORANDUM # 9( - 304 PUBLIC WORKS DEPARTMENT 1-1,40 13 TO: Murray Dubbin, City Attorney FROM: Julio Grave de Peral , ngineering & Construction Management Director DATE: April 7, 1997 SUBJECT: PAY PHONES UPDATE/ SPECIAL MASTER HEARINGS Enclosed is a summary of the present status of the administrative hearings, depositions and requests for public documents received to date. If acceptable, we will coordinate with the designated member of your staff and provide notice to your office of all issues relating to this subject upon receipt of the information. Thank you for your assistance on this matter. JGdP/JC Enclosure r rn CO c: Jose Garcia-Pedrosa, City Manager ' ': Harry Mavrogenes, Assistant City Manager ry Robert Parcher, City Clerk Jorge E. Chartrand, Construction Manager rn Lisa Martinez, Special Master Clerk JC/4/ 7/ 1997 PAYPHONE SPECIAL MASTER HEARINGS UPDATE • 1. A coordination meeting between Public Works, Ms. Turner and Ms. Martinez, the Special Master Clerk, was held on March 14, 1997. 2. Requests number 96-00020,23,24,and 47 were granted continuances by the Special Master, at the request of the petitioners, during the April 3, 1997 hearing. 3. Lawyers for the petitioners requested depositions of all CMB personnel involved in the processing of permit applications during the April 3, 1997 hearing. No written communication has been received on this issue as of this date. 4. Requests for Administrative hearings before the Special Master have been received for permit numbers 96-00001, 3, 7, 8, 11, 12, 16, 19, 20, 22, 23, 24, 25, 28, 29, 30, 31,32 and 47. With the exception of number 47, which is owned by Florida Pay Phone Systems Inc., the balance are owned by 2001 Telecommunications Inc. 5. A request for public records for permit numbers 96-00020, 24 and 25 was received at CMB Public Works Department on April 7, 1997. (See attached) 6. A meeting has been arranged with Mr. Lance Norris from the Florida Public Telecommunication Association and the Public Works Department for April 8, 1993 at 1:30 PM. Ms. Debbie Turner from CMB Legal Department has been notified of this meeting. 7. At the request of the Special Master, Ms. Lisa Marinez has tentatively arranged dates for depositions for April 22, 23, 25 and 28. The specific dates and times are not finalized. JERRY KAHN ESQUIRE ATTORNEY AT LAW Mail : Box 41-4213 Tel 305 861-3606 Street : 1141 71 Street Fax 305 868-3623 Miami Beach, Fl 33141 JORGE CHARTRAND CITY OF MIAMI BEACH OFFICE OF PUBLIC WORKS RECORDS CUSTODIAN 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 0 673-7080 FAX 673-7028 April 4, 1997 Re: PUBLIC RECORDS DEMAND CASE NO. 96-00020 CASE NO. 96-00024 CASE NO. 96-00025 Dear JORGE, Regarding the above, and pursuant to Florida Statute 1189.07 I am requesting your records custodian to furnish me with your departments records in the above cases,from the following city employees who signed the disapproved of parts of the permit applications in the above cases. 1. Public Works-Eric Perry or Berry-with his file on this matter 2. Zoning-Jorge Gomez-with his file on this matter. 3. Police Review Case No. 96-00024 I cannot read the name. -with his file on this matter 4. Jorge E. Chartrand, Construction Manager-with his file on this matter. Time is of the essence. Thank you for your consideration in this matter. I am,respectfully, eirt, Jerry Kahn Esquire O ao 4_1b cz Cj a) co 4-1 .— Ln a) 0 a) 0 0 M Cr) 1.1 • I I a7 'O u1 Or O� -• ° 0 •• z a • H W a) • CJ U G • H 0 0 • Q • z 0 u) • H •H a) • Ri N O O O ,0 ••• a m ao a) rl a) at • a) a) 5,v • ni a) 0. a)