Ordinance 2000-3281 ORDINANCE NO. 2000-3281
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY
ONE HUNDRED AND EIGHTY (180) 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 ONE HUNDRED
AND EIGHTY (180) 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.
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 one hundred and
eighty (180)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 one hundred
and eighty (180)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 one hundred and eighty(180)day moratorium is hereby established
as follows:
A temporary one hundred and eighty (180) 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 one hundred and eighty (180) 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 8th day of November , 2000.
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ATTEST: MAYOR
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CITY CLERK APPROVED AS TO
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6/5/00
1st reading 10/18/00
2nd reading 11/8/00 I ` D }
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' Date
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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.C( —Ov
TO: Mayor Neisen O. Kasdin and DATE: November 8,2000
Members of the City Commission
FROM: Jorge M. Gonzalez
at./
City Manager SECOND READING AND FINAL HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,ESTABLISHING A TEMPORARY ONE HUNDRED
AND EIGHTY (180) 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 ONE HUNDRED AND EIGHTY (180) 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 le—5-( '
DATE / (—O -6c)
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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 on 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. An Ordinance further extending the moratorium was approved on July
12, 2000. This moratorium will now expire and the litigation process has not been finalized.
The attached ordinance provides for another temporary one hundred and eighty(180) 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. Should this issue be resolved sooner than one hundred and
eighty (180) days, the resolution allows for the moratorium to be automatically dissolved.
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 adppt the proposed Ordinance establishing a one hundred
and eighty(180)day moratorium extension on the issuance of all pay telephone permits,including renewal
permits, on final! earing.
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CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
ON
CITYWIDE PAY TELEPHONE PERMIT MORATORIUM
NOTICE IS HEREBY given that a public hearing will be held by the
City Commission of the City of Miami Beach, on Wednesday,
November 8, 2000 , at 5 : 05 p.m. , in the Commission Chambers, 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida .
During this meeting, the City Commission will hold a second
reading, public hearing to consider the following:
AN ORDINANCE ESTABLISHING A TEMPORARY ONE HUNDRED AND EIGHTY (180)
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 ONE HUNDRED AND EIGHTY (180)
DAY PERIOD OR UPON THE FINAL RESOLUTION OF ALL LITIGATION AGAINST
THE CITY OF MIAMI BEACH WITH REGARD TO PAY TELEPHONES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE .
All persons are invited to appear at this meeting or be represented
by an agent, or to express their views in writing addressed to the
City Commission c/o the City Clerk, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139 . A copy of this
ordinance is available for public inspection during normal business
hours in the City Clerk' s Office. Inquiries may be directed to the
Public Works Department at (305) 673-7080 . The above item may be
continued at this meeting and, under such circumstances, additional
legal notice would not be provided. Any person may contact the
City Clerk at (305) 673-7411 for information as to the status of
this item as a result of the meeting.
Pursuant to Section 286.0105, Fla. Stat. , the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing, such person must
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding should contact the City
Clerk's office no later than four days prior to the proceeding. Telephone (305)
673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service
numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE) , for assistance.
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