Ordinance 99-3183 ORDINANCE NO. 99-3183
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,ESTABLISHING A TEMPORARY 150
DAY MORATORIUM ON THE ISSUANCE OF ALL PAY TELEPHONE
PERMITS, INCLUDING RENEWAL PERMITS, WHICH SHALL
AUTOMATICALLY DISSOLVE UPON THE EARLIER OF THE
EXPIRATION OF THE 150 DAY PERIOD OR UPON THE AWARD OF THE
REQUEST FOR PROPOSAL AND THE EXECUTION OF A FRANCHISE
AGREEMENT TO REGULATE THE PLACEMENT OF PAY TELEPHONES
WITHIN THE CITY; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach is in the process of developing a Request for Proposal
(RFP) asking for a franchise agreement for pay telephones in order to obtain closer placement
regulation due to the problems associated with the growing number of pay telephones in the City;
and
WHEREAS,a temporary moratorium for the issuance of pay telephone permits for a period
of 150 days is necessary to advertise and award a franchise agreement pursuant to the RFP relative
to the placement of pay telephones in the public rights-of-way and on City property; and
WHEREAS, the Mayor and City Commission desire to provide for a temporary 150 day
moratorium to ensure that during the pendency of the necessary RFP procedures, additional pay
telephone permits are not issued for new pay telephones or for renewal permits in the City so that,
once the City's RFP is awarded, and a franchise agreement is executed, the agreement will be fully
effective in accomplishing its purposes.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
Section 1. That a temporary 150 day moratorium is hereby established as follows:
A temporary 150 day moratorium shall be imposed as of the Effective Date of this Ordinance
for the issuance of all pay telephone permits,including renewal permits,in the City of Miami Beach.
The moratorium shall automatically dissolve upon the earlier of the expiration of the 150 day
period or upon the award of the Request for Proposal and the execution of a franchise agreement to
regulate the placement of pay telephones within the City.
•
Section 2. Repealer
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Section 3. Severability
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 4. Effective Date.
This Ordinance shall be effective within ten (10) days after its adoption.
PASSED AND ADOPTED this 12th day of May , 1999.
ATTEST: MAYOR
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CITY CLERK
1st reading 4/28/99
2nd reading 5/12/99
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3/31/99
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.mia mi-beach.fl.us
COMMISSION MEMORANDUM NO.__ __ . •
-TO: Mayor Neisen O. Kasdin and DATE: May 12, 1999
Members of the City CI mission
FROM: Sergio Rodriguez �4
City Manager f",
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY 150 DAY
MORATORIUM ON THE ISSUANCE OF ALL PAY TELEPHONE PERMITS,
INCLUDING RENEWAL PERMITS; WHICH SHALL AUTOMATICALLY
DISSOLVE UPON THE EARLIER OF THE EXPIRATION OF THE 150 DAY
PERIOD OR UPON THE AWARD OF THE REQUEST FOR PROPOSAL AND
THE EXECUTION OF A FRANCHISE AGREEMENT TO REGULATE THE
PLACEMENT OF PAY TELEPHONES WITHIN THE CITY; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATLON:
Adopt the Ordinance.
BACKGROUND:
On September 23, 1998,the City Commission referred the issue of the placement of pay telephones in the
right-of-way to the Land Use and Development Committee, for review and discussion.
At the Land Use and Development Committee meeting on October 19, 1998, there was discussion on the
proliferation of pay telephones in the right-of-way; bidding for a franchise agreement for public pay
telephones; and other related issues such as distance separation, crime and clutter. The Committee
determined that a master site survey of pay telephones needed to be developed, and further that there
should be a temporary moratorium on the issuance of all pay telephone permits for a ninety (90) day
period, while a plan was formulated to address these issues.
The Committee's report was presented at the October 21, 1998 Commission meeting. The City
Commission directed the Administration and the City Attorney to prepare an ordinance establishing such
a moratorium. A first reading/public hearing was held on November 4, 1998. A second reading/public
hearing was held on December 2, 1998 where the Ordinance was adopted for the initial ninety (90) day
period.
AGENDA ITEM 12-5�
DATE 12-99
429
ANALYSIS:
At the Land Use and Development Committee meeting on January 25, 1999, the Administration was
directed to prepare a Request for Proposals (RFP) for the placement of pay telephones in the public right- .
of-way and on City properties. The requirements of the RFP include the submittal of a map showing
locations of pay telephones based on the placement specifications.
The attached ordinance provides for another temporary one hundred and fifty (150) day moratorium on
• the issuance of all pay telephone permits including new pay telephones as well as renewal permits. This
period of abeyance is necessary to allow the Administration to complete the development of the RFP
and to address and legislate changes to remedy the problems associated with the growing number of pay
telephones in the City. The moratorium shall be dissolved upon the earlier of the new one hundred and
fifty(150)day period or the award of the RFP addressing placement of pay telephones within the right-of- ..
way and on City properties and the execution of a franchise agreement between the City and an operator
or operators of pay telephones.
The Ordinance was approved on first reading at the April 28, 1999 Commission meeting.
CONCLUSION:
The Mayor and City Commission should adopt the Ordinance establishing a one hundred and fifty (150)
day moratorium on the issuance of all pay telephone permits, including renewal permits.
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