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
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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
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CITY CLERK FORM APPROVED
1stnnRRgeading 3/6/96
MHDDJ'I`:kading 3/20/96 LEGAL DEPT.
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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
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