Ordinance 99-3211 ORDINANCE NO. 99-3211
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY
NINETY (90) 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 NINETY (90) DAY PERIOD OR UPON THE
AWARD OF THE REQUEST FOR PROPOSALS 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 reviewing a Request for Proposal
and awarding 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 ninety (90) days is necessary to finalize the 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 ninety (90)
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 ninety (90) day moratorium is hereby established as follows:
A temporary ninety (90) 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
ninety(90)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.
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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repealed.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 6th day of October , 1999.
ATTEST: MAYOR
41\Akte -PotAtta,
CITY CLERK APPROVED AS TO
• FORM&LANGUAGE
1st reading 9/22/99 = FOR EX TION
2nd reading 10/6/99 �.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. 7 36 -91
TO: Mayor Neisen O. Kasdin and DATE: October 6, 1999
Members of the City C'mmission
FROM: Sergio Rodriguez
(
City Manager Ard !
SUBJECT: AN ORDIN• CE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY NINETY (90)
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 NINETY(90)DAY PERIOD OR UPON THE AWARD OF THE REQUEST
FOR PROPOSALS 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 RECOMMENDATION:
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 5 1)
DATE I b-(a-C}
ANALYSIS:
At the Land Use and Development Committee meeting of 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 a City map showing locations for pay
telephones based on the specified placement specifications.
A second Ordinance establishing a further moratorium of one hundred and fifty (150)days was approved
on first reading/public hearing on April 18, 1999 and adopted on second reading/public hearing on May
12, 1999. This second extension to the moratorium was necessary to allow the Administartion sufficient
time to issue the RFP and receive proposals.
The RFP was issued on May 18, 1999 and one response was received on July 15, 1999. Letter to
Commission(LTC)No. 182-1999 dated August 24, 1999 identified candidates to serve on the evaluation
committee to review the proposal. One of the candidates identified declined the invitation to serve and a
new member has been appointed to the evaluation committee.
The attached ordinance provides for another temporary ninety(90) 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 evaluation committe to complete the review of the response to the RFP
and to issue a recommendation to the City Manager. The moratorium shall be dissolved upon the earlier
of the new ninety(90)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 September 22, 1999 Commission meeting.
CONCLUSION:
,
Pending the review of the proposal and a recommendation by the evaluation committee, and due to the
expiration of the previous moratorium on October 15, the Mayor and City Commission of the City of
Miami Beach should adopt the Ordinance establishing a ninety (90) day moratorium extension on the
issuance of all pay to -phone permits, including renewal permits.
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