Resolution 94-21014 A
RESOLUTION NO. 94-21014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING AS REQUIRED BY CITY OF MIAMI
BEACH ORDINANCE NO. 92-2783, TO OBTAIN CITIZEN
INPUT AS TO A PROPOSED LEASE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BELLSOUTH
MOBILITY, INC. , FOR THE INSTALLATION OF A
MINI-CELLULAR SITE ON THE 9TH FLOOR OF Old
CITY HALL, FOR THE PURPOSE OF INCREASING AND
IMPROVING CELLULAR COVERAGE TO ALL SOUTH BEACH
USERS OF BELLSOUTH CELLULAR SERVICE.
WHEREAS, the City Administration has been contacted by
BellSouth Mobility, Inc. regarding poor cellular quality being
experienced in the South Beach area by all BellSouth Mobility, Inc.
cellular phone users and, in particular, City employees located in
the Miami Beach Police Department building; and
WHEREAS, this coverage area has been surveyed by
BellSouth Mobility, Inc. , which has recommended that a mini-
cellular site be installed in the vicinity of Old City Hall in
order to improve service; and
WHEREAS, the Administration has recommended that the City
Radio Site located on the 9th floor of Old City Hall. Can be
utilized to house the aforestated mini-cellular site, which would
consist of an equipment cabinet, radio equipment, three (3) stick
antennas and coaxial transmission line; and
WHEREAS, it is further recommended that the City
negotiate a lease with BellSouth Mobility, Inc. for this space to
maintain and operate the mini-cellular site on the 9th floor of Old
City Hall; and
WHEREAS, pursuant to Ordinance No. 92-2783, which
establishes standards and guidelines by which City properties shall
be considered for sale and/or lease, prior to entering into the
proposed lease agreement, the Mayor and City Commission must
consider the following requirements:
•
(a) A public hearing, advertised not less than fifteen (15)
days prior to its scheduled date, in order to obtain citizen input
into the proposed lease;
(b) An analysis prepared by the Planning Department regarding
all relevant issues that would enable the Mayor and City Commission
to properly consider the proposed lease; and
(c) Any lease of City property shall be conducted pursuant to
an advertised public bidding process, as well as an independent
appraisal of the fair market rental value of the property. However,
as prescribed by Ordinance No. 92-2783, the aforestated
requirements may be waived by a five-sevenths (5/7) vote of the
Mayor and City Commission upon a finding that the public interest
would best be served by waiving such conditions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
1. A public hearing in order to obtain citizen input as to
a lease agreement between the City and BellSouth Mobility, Inc. for
space to maintain and operate a mini-cellular site on the 9th floor
of Old City Hall, is hereby called to be held before the City
Commission in its Chambers on the 3rd floor of City Hall, 1700
Convention Center Drive, Miami Beach, Florida 33139 on the 2nd
day of _ ''February , 1994, beginning at 4:00 p.m. , and the City
Clerk is hereby authorized and directed to publish appropriate
public notice of the said public hearing in a newspaper of general
'1 d
circulation in the City of Miami Beach, at which time and place all
interested parties shall be heard;
2. At such time as the aforestated public hearing is
convened, the City Administration, through its Planning Department,
shall present a report to the Mayor and City Commission and the
citizenry regarding any relevant issues pertaining to the proposed
lease with BellSouth Mobility, Inc. ; and
3. After having obtained citizen input as to the proposed
lease with BellSouth Mobility, Inc. , including the aforestated
report the Planning Department, the Mayor and City Commission shall
determine whether it will waive, by a five-sevenths (5/7) vote, the
additional requirements under Ordnance No. 92-2783 equiring an
advertised public bidding proces-/ and an independent ppraisal of
the fair market rental value off he proposed lease.
PASSED AND ADOPTED THI'. /• DAY OF Januar 9 4.
MAYOR
ATTEST:
eiLaAA_ t,„,
CITY CLERK
FORM APPROVED
LEGAL DEPT.
By ^I
Date /2' 30- 3
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2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. -get/
• TO: Mayor Seymour Gelber and
DATE: January 5, 1994
Members of the Cit Commission •
FROM: Roger M. Carlton
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION CALLING FOR A PUBLIC
HEARING AS REQUIRED BY CITY OF MIAMI BEACH ORDINANCE NO. 92-2783 TO
OBTAIN CITIZEN INPUT AS A PROPOSED AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND BELLSOUTH MOBILITY, INC. FOR THE INSTALLATION OF A MINI
CELLULAR SITE AT OLD CITY HALL, 1130 WASHINGTON AVENUE,9TH FLOOR,CITY
RADIO SITE, MIAMI BEACH, FL 33139, FOR THE PURPOSE OF INCREASING AND
IMPROVING CELLULAR COVERAGE TO ALL SOUTH BEACH USERS OF BELLSOUTH
MOBILITY, INC. CELLULAR SERVICE.
An agreement is being negotiated between the City of Miami Beach and BellSouth Mobility, Inc. to use
the 9th Floor City Radio Site at Old City Hall to house a Mini Cellular Site. . In return, BellSouth
Mobility, Inc. has agreed to pay the City of Miami Beach an annual fee of $6,200.00 plus applicable
sales_tax the first year plus 5% increase for each subsequent year for a total of three years. The City
has the option to renew the agreement under the same terms for an additional three years. The City
can terminate this agreement by providing written request for such to BellSouth Mobility, Inc.
Pursuant to Ordinance No. 92-2783 ("Shapiro Ordinance"), prior to entering into the proposed
agreement, the Mayor and City Commission must hold a Public Hearing in order to obtain citizen input
as to the same. The Ordinance also requires that prior to entering into the agreement, a Planning
Department analysis regarding the proposed use is required, as well as an advertised public bidding
process and'an independent appraisal of the fair market rental value of the property to be used. The
latter two (2) requirements (Bid Process and Appraisal) may be waived by a 5/7 vote of the Mayor and
_ City Commission upon a finding that the public interest would be served by waiving such conditions.
It is therefore recommended that the Mayor and City Commission authorize and direct the City Clerk
to schedule a Public Hearing to obtain citizen input as to the proposed agreement between the City and
BellSouth Mobility, Inc. At such Public Hearing, pursuant to the additional requirements of Ordinance
No. 92-2783,the Mayor and City Commission shall consider the Planning Department report regarding
the proposed use, as well as determining, by a 5/7 vote, whether to waive the public bidding and
appraisal requirements under the Ordinance.
RMC/ar
Attachment
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135
AGENDA
ITEM R J DATE