Ordinance 2000-3232 ORDINANCE NO. 2000-3232 -
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 FINAL
RESOLUTION OF ALL PENDING LITIGATION AGAINST THE CITY OF
MIAMI BEACH WITH REGARD TO PAY TELEPHONES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS,the City of Miami Beach is in the process of amending its City Code provisions
relating to the placement of pay telephones on private property; and
WHEREAS, a temporary moratorium on the issuance of all pay telephone permits,
including renewal permits, which shall automatically dissolve upon the earlier of ninety (90) days
or the final resolution of all pending litigation against the City with regard to pay telephones, is
necessary in order for the City to amend its City Code with respect to pay telephones on private
property. Such amendments will also affect the language and scope of the anticipated RFP for a
franchise agreement 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 City Code changes and the RFP process,
additional pay telephone permits are not issued for new pay telephones or for renewal permits in the
City so that once the City Code provisions are adopted, the RFP is awarded, and a franchise
agreement is executed, such 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 ninety (90) day
period or upon the final resolution of all litigation against the City of Miami Beach with regard to
pay telephones.
Section 2. 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 3. Repealer
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Section 4. Severability
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 5. Effective Date.
This Ordinance shall be effective within ten(10) days after its adoption.
PASSED AND ADOPTED this 9th day of February , 2000.
ATTEST: MAYOR
aAtitiA
CITY CLERK APPROVED AS TO
FORM&LANGUAGE
D1T\bfg &FOR EXECUTION
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1st reading 1/26/2000
2nd reading 2/9/2000 2
City Attorney Da o
OFFICE OF THE CITY ATTORNEY
ICADatu• Weed
F L O R 1 D A
BE'ei
MURRAY H. DUBBIN U*Ii.car *
� .y Telephone: (305) 673-7470
City Attorney Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. I a - 00
TO: Mayor Neisen O. Kasdin and DATE: February 9, 2000
Members of the City Comm's ion •
FROM: Murray H. Dubbiiii h
City Attorney
SECOND READING - PUBLIC HEARING
SUBJECT: 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 FINAL
RESOLUTION OF ALL PENDING LITIGATION AGAINST THE CITY OF
MIAMI BEACH WITH REGARD TO PAY TELEPHONES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN
EFFECTIVE DATE.
Pursuant to the request of Commissioner Nancy Liebman, the above referenced Ordinance
is submitted for consideration by the Mayor and City Commission for second reading/public hearing.
This Ordinance passed on first reading at the January 26, 2000 Commission meeting.
cc: Lawrence A. Levy
City Manager
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Agenda Item
Date "2--6t-0 0
1700 Convention Center Drive-- Fourtlk JJoor-- Miami Beach, Florida 33139
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