Ordinance 2000-3259 ORDINANCE NO. 2000-3259
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 has recently amended its City Code provisions
relating to the placement of pay telephones on private property and is considering further
amendments to the City Code pertaining to the placement of pay telephones on private and public
property; and
WHEREAS, the City of Miami Beach is currently involved in litigation regarding the
placement of pay telephone within the City; 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 consistency of enforcement with respect to pay telephones within the City and
to allow for further amendments to the City Code to address concerns relating to the placement of
pay telephones within the City; and
WHEREAS,the Mayor and City Commission desire to provide for a temporary ninety(90)
day moratorium to ensure that,pending the final resolution of all legal issues and the consideration
of City Code amendments pertaining to the placement of pay telephones, additional pay telephone
permits are not issued for new pay telephones or for renewal permits in the City.
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 12th day of July , 2000.
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ATTEST: MAYOR
APPROVED AS T
GNU FORM & LAN UAGE
CITY CLERK & FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. S4-1-0 fl
TO: Mayor Nelsen O. Kasdin and DATE: July 12, 2000
Members of the City Commission
FROM: Lawrence A. Levy Q`cr t�
City ManW 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 REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
ANALYSIS:
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
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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 Administration 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. The response was
presented to the City Commission in September 1999 and the Administration was directed not to award
the franchise agreement to the sole proposer and instead to continue trying to amend the existing Ordinance
and to continue trying to resolve the litigation with the pay telephone operators.
On February 9,2000, an Ordinance extending the moratorium on the issuance of all pay telephone permits
was approved on second hearing. This moratorium is now expired and the litigation process has not been
finalized.
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 for the final resolution of all pending litigation against the City of Miami Beach, with
regard to pay telephones and to allow for further amendments to the City Code pertaining to pay telephones
within the City.
Pending the final resolution of all pending litigation with regard to pay telephones 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 telephone permits, including renewal permits.
The Ordi anccee'1 as approved on first reading/public hearing at the June 7, 2000 Commission meeting.
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