Ordinance 98-3158 ORDINANCE NO. 98-3158
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82
ENTITLED "PUBLIC PROPERTY" AMENDING ARTICLE IV, DIVISION
4 ENTITLED "PAY TELEPHONES" AMENDING SUBDIVISION II
ENTITLED "PERMIT" BY CREATING SUBSECTION 82-316 TO BE
ENTITLED "ESTABLISHMENT OF TEMPORARY MORATORIUM ON
ISSUANCE OF ALL PERMITS" PROVIDING FOR A TEMPORARY
NINETY (90) DAY MORATORIUM ON THE ISSUANCE OF ALL PAY
TELEPHONE PERMITS;PROVIDING FOR CODIFICATION;PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach is in the process of developing a comprehensive plan
to address the issues relative to pay telephone permitting in the City; and
WHEREAS, a temporary moratorium for the issuance of pay phone permits a period of
ninety (90) days is necessary to facilitate the development of a plan to address and legislate changes
to remedy the problems of distance separation, crime, clutter and other related problems associated
with the proliferation of pay telephones in the City; and
WHEREAS, the Mayor and City Commission desire to amend Chapter 82, Article IV,
Division 4, Subdivision II of the City Code relating to permits for pay telephones to provide for a
temporary ninety (90) day moratorium to ensure that during the pendency of the necessary review
activities,presently underway, for the formulation and implementation of City Code amendments,
that additional pay telephone permits not be issued for new pay telephones or for renewal permits
in the City, so that once the City's plans are prepared and implemented, they will be fully effective
in accomplishing their purposes.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
Section 1. That Subdivision II entitled "Permit" of Division 4, Article IV of Chapter 82 of the
City of Miami Beach Code is hereby created to read as follows:
Sec. 82-316 Establishment of Temporary Moratorium on Issuance of All Permits
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 adoption of City Code amendments addressing the City's 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 2nd day of December , 1998.
ATTEST: MAYOR
10
CWIL---
APPROVED AS TO
ITY CLERK
FORM& LANGUAGE
DJ716fg & FOR EXECUTION
F:\ATTO\TURN\ORDINANC\PAYTELE2.PUB.
1st reading 11/4/98 tidk.../v7 .&,27d27-14i)2nd reading 12/2/98 2
Anornev Date
; ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
tp:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 81(1- (8
TO: Mayor Neisen O.Kasdin and DATE: December 2, 1998
Members of the City •mmission
FROM: Sergio Rodriguez
City Manager �;
SUBJECT: AN ORDIN NCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 ENTITLED "PUBLIC
PROPERTY," AMENDING ARTICLE IV, DIVISION 4 ENTITLED "PAY
TELEPHONES",AMENDING SUBDIVISION II ENTITLED"PERMIT",BY CREATING
SUBSECTION 82-316 TO BE ENTITLED "ESTABLISHMENT OF TEMPORARY
MORATORIUM ON ISSUANCE OF ALL PERMITS" PROVIDING FOR A
TEMPORARY NINETY (90) DAY MORATORIUM ON THE ISSUANCE OF ALL PAY
TELEPHONE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION•
Adopt the Ordinance on second reading/public hearing.
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 in
order to obtain closer placement regulation; 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 90 day period, while a
plan is formulated to address these issues.
fl
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.
ANALYSIS:
The attached ordinance provides for a temporary 90 day moratorium on the issuance of all pay phone permits
including new pay phones as well as renewal permits. This period of abeyance is necessary during the development
of a plan to address and legislate changes to remedy the problems associated with the growing number of pay
telephones in the City. The moratorium shall be dissolved upon the earlier of the ninety (90) day period or the
adoption of amendments to the City Code addressing pay telephones within the right-of-way.
CONCLUSION:
Adoption of the Ordinance will allow for effective implementation of the City's plans to address pay telephones
in the right-of-way.
SR/C&JG/J Sip/KM/JC/rar AGENDA ITEM l 5 E
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DATE ) 2-'2-- 1 O
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING ON 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, December 2, 1998, at 11:00 A.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 of the Mayor and City Commission of the City of Miami Beach,
Florida, Amending Chapter 82 Entitled "Public Property" , Amending Article IV,
Division 4 Entitled "Pay Telephones" , Amending Subdivision II Entitled "Permit"
By Creating Subsection 82-316 To Be Entitled "Establishment of Temporary
Moratorium" Providing for a Temporary Ninety (90) Day Moratorium on the Issuance
of All Pay Telephone Permits; Providing for Codification; Providing for Repealer;
Providing for Severability; and Providing for 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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