2007-3581 OrdinanceORDINANCE NO. 2007-3581
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 98, "STREETS
AND SIDEWALKS," ARTICLE III "EXCAVATIONS," DIVISION 2,
"PERMIT," SECTION 98-92, "APPLICATION; AMOUNT OF DEPOSIT;
USE OF DEPOSIT TO REPLACE SURFACE; PERMIT FEES;" BY
SPECIFICALLY AMENDING APPENDIX "A" OF SECTION 98-92 (C)
THEREOF; SAID AMENDMENT MODIFYING PERMIT FEES TO AN
INCREASE OF TWENTY FIVE PERCENT (25%), FOLLOWING A CITY
IN-HOUSE SURVEY OF FEES FOR SIMILAR SERVICES IN
SURROUNDING COUNTY/MUNICIPALITIES; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Code requires a fee to accompany each application for a
permit to use or perform construction activities within the City's Right of Way (ROW)
public streets; and
WHEREAS, the City has not increased such permit fees since 1992, and said
fees do not presently cover the costs incident to the issuance of said permits by the City
including, without limitation, researching utility records, reviewing plans, or inspecting
the work during and after completion; and
WHEREAS, during the last fifteen (15) years, the City has experienced
substantial growth, which and in turn has escalated right-of-way construction activities,
thus imposing significant demands on resource allocation for permitting, and inspection
services; and
WHEREAS, the following amendment would provide the additional funding
needed to accommodate the necessary resource to address the aforementioned needs,
by increasing the existing permit fee structure by 25%.
NOW, THEREFORE BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
SECTION 1.
That Miami Beach City Code Chapter 98, Article III, Division 2, Section 98-92,
and specifically, Appendix "A" to Section 98-92(c) thereof, is hereby amended as
follows:
APPENDIX A
Fee Schedule Chapter 98 Streets and Sidewalks
Article III Excavations Division 2- Permits
(1) Street excavation permit:
50 lineal feet or less $~88 $ 312.50
Each additional lineal foot $ ~A8 $ 1.25
(2) Sidewalk repair permit:
50 lineal feet or less $-50:A9 $ 62.50
Each additional lineal foot $-a-A9 $ 1.25
(3) Sidewalk construction permit:
50 lineal feet or less $-~8~98 $ 125.00
Each additional lineal foot $ 2:A9 $ 2.50
(4) Paving or resurfacing of parkway or
shoulder area permit:
25 lineal feet or less $-~AA:AB $ 125.00
Each additional lineal foot $ 5~8 $ 6.25
(5) Building line and grade survey Permit:
50 lineal feet or less $-~~8:89 $ 312.50
Each additional lineal foot $ ~A9 $ 6.25
(6) Driveway construction permit:
Each driveway $-AAA-:99 $ 125.00
(7) Flume excavation permit: $-~AA:A9 $ 125.00
(8) Utility placement permit (poles, splice pits,
manholes, hand holes, catch basins
pedestals, vaults and auger holes: $-~9A:A8 $ 125.00
Additional per block $ X8:99 $ 12.50
(9) Underground utility service connection
right-of-way excavation permit (each
water, gas, electric, telephone, cable,
television or sanitary sewer connection
from base building line to the utility located
within the public right- of- way: $ ~99:A9 $ 125.00
(10) Groundwater monitoring wells:
Each well $-5A:A9 $ 62.50
(11) Permit renewal fee:
Ninety-day extension of permit
Fee expiration date
$-~AA:AA $ 125.00
(12) After-the-fact permit fee:
For any work described in (1) through (10)
herein, performed without proper permits
and inspections, quadruple the above
fees.
(13) Re-inspection fees:
when additional inspection is required for
work previously inspected and rejected by
the Public Works Department, a re-
inspection fee will be required for each re-
inspection
(14) Dewatering permit fee:
(15) Blocking of Right-of-way:
(Plus .25 Per L.F per day/ Right-of-
Depends on 25% increase
permit
$ 25:AA
$ 2~A:A8
$ 3A:AA
$ 31.25
$ 312.50
$ 37.50
way obstruction fee)
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same hereby
repealed.
SECTION 3. 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 4. CODIFICATION
It is 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.
2007-3581
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 27thday of October , 2007
PASSED and ADOPTED this 17th day of octobeal , , 2007.
MAYOR
David Dermer
ATTEST:
APPRO`lED AS TC3
~~ FORM & LANGUAGE
~ FOR EXECUTION
CITY CLERK
Robert Parcher Q 2l G 7
_. -ity A ~e Oate
T:\AGENDA\2007\oct1707\Consent\ROW Permit Fee Ordiance.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Ordinance amending the Code of the City of Miami Beach by amending Chapter 98, "Streets and
Sidewalks," Article III "Excavations," Division 2, "Permit," Section 98-92, Application; Amount of Deposit;
Use of Deposit to Replace Surface; Permit Fees" by specifically amending Appendix "A"Section 98-92 (C)
thereof; said amendment modifying permit fees to increase by twenty five percent (25%).
Ke Intended outcome 5u orted:
Increase satisfaction with neighborhood character
Supporting Data (Surveys, Environmental Scan, etc.): During the last fifteen (15) years, the City of
Miami Beach has experienced substantial growth which has resulted in an escalation of Right-of-Way
(ROW) construction activities and traffic impacts. A survey of neighboring cities has revealed that permit
fees, as well, have increased concurrent with increased o eratin costs.
Issue:
Shall the Ma or and the Cit Commission a rove the Ordinance?
Item Summary/Kecommendation:
SECOND READING PUBLIC HEARING
The City has not increased its ROW permit fees since 1992. However, in the past fifteen (15) years there
have been increases in operational costs for the performance of ROW permitting functions and ROW
inspection services. In order to maintain adequate resources that are self sustaining through fees, it is
necessary to increase the ROW fees accordingly.
The Administration recommends adopting the Ordinance.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: ~
2
3'
4
OBPI Total
Financial Impact Summary: The increases in the ROW fees are estimated to generate additional
annual revenues of $56,000.
Cit Clerk's Office Le islative Trackin
Fernando Vazquez ext. 6399
Si n-Offs:
Department Direc Assistant C' Manager City Manager
FHB JMG
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m MIAMIBEACH
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vwvw.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 17, 2007 SECOND READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 98, "STREETS AND SIDEWALKS,"
ARTICLE III "EXCAVATIONS," DIVISION 2, "PERMIT," SECTION 98-92,
"APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE
SURFACE; PERMIT FEES;" BY SPECIFICALLY AMENDING APPENDIX "A"
OF SECTION 98-92 (C) THEREOF; SAID AMENDMENT MODIFYING PERMIT
FEES TO AN INCREASE OF TWENTY FIVE PERCENT (25%), FOLLOWING A
CITY IN-HOUSE SURVEY OF FEES FOR SIMILAR SERVICES IN
SURROUNDING COUNTY/MUNICIPALITIES; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on the second reading public hearing
ANALYSIS
The City Code requires a fee to accompany each application for a permit to use or perform
construction activities within the City rights of way/public streets.
The City has not increased its ROW permit fees since 1992. Said fees do not presently cover the
costs incident to the issuance of said permits by the City including, without limitation, researching
utility records, or inspecting the work during and after completion, however, in the past fifteen (15)
years there have been increases in operational costs for the performance of ROW permitting
functions and ROW inspection services. In order to maintain adequate resources that are self
sustaining through fees, it is necessary to increase the ROW fees accordingly.
FISCAL IMPACT
By increasing the existing fee structure by 25%, the proposed amendment would provide the
additional funding necessary to provide effective ROW permitting and ROW inspection services.
(See Ordinance for amended Appendix A -Fee Schedule)
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the proposed
Ordinance Amendment.
T:WGENDA\2007\oct1707 budget\RegularlROW Permit Fee Memo 2ndRdg.doc
m MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the
City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, on Wednesday, October 17, 2007, to consider the following:
10:30 a.m.
An Ordinance Implementing Provisions Of The 2006-2009 Collective Bargaining Agreement Between The City And The
Communications Workers Of America Local 3178; Implementing Provisions Of The 2006-2009 Collective Bargaining
Agreement Between The City And AFSCME; And Implementing A 2007 Memo Of Understanfiing Between The City And GSA;
Amending The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504, As Subsequently Amended;
Amending Section 5.12 Concerning The Early Retirement Incentive Program. ,
Inquiries may be directed to the Office of Labor Relations at (305) 673-70~
10:55 a.m. .
An Ordinance Amending The Code Of The City Of Miami Beach, By I# ending Chapter 106, "Traffic And VehiGes" Article II,
"Metered Parking"By Amending Sections 106-55, "Parking Rates, Fges, And Penalties; Amending Monthly Municipal Parking
Permit Rates; And Special Event Flat Rates.
Inquiries may be directed to the Parking Department at (305) 673-7275.
11:00 a.m. `
An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities," By Amending Article II Entitled
"Water," By Amending Division 1, Entitled "Generally," By Amending Sections 110-39 (E) And (G) Entitled "Metered Water
Supply Service," By Amending Section 110-42 {B), Entitled "Turning On And Shutting Off,"And By Amending Section 110-43
(C), Entitled "Leaks And Waste," To Provide For Fee Schedules In Appendix A Entitled "Fee Schedule,"And Amending
Appendix A To Create Fee Schedules Therefor And New Fees For Meter Tampering; Amending :Article N, Entitled "Fees,
Charges, Rates And Billing Procedure," By Amending Division 2, Entitled "Rates, Fees And Charges," By Amending Section
110-166, Entitled "Schedule Of Water Rates And Tapping. Charges,"By Amending Subsections (F), (G), (H), And, (I) Thereof To
Provide Additional Water Meter Fees And Amending Appendix A, Entitled "Fee Schedule," To Create Fees -Therefor And To
Increase The Sanitary Sewer Service Charge Imposed By The City Pursuant To Sections 110-166 (A) And (B) And 110-168 (A),
And Amending Section 110-192, Entitled "Delinquent Accounts; Payment Of Collection Costs And Attorney Fees; Creatioq Of
Liens," Of Division 3, Entitled "Billing Procedures,"By Amending Subsections 110-192 (B) To Provide For A Fee Schedule In
Appendix A, Entitled "Fee Schedule," And By Amending Appendix A To Create Fee Schedule Therefor.
Inquiries may be directed to the Public. Works Department at (305) 673x7080.
i 11:15 a.m. jj
~An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 98, "Streets And Sidewalks," Article III
"Excavations" Division 2, "Permit,"Section 98-92, "Application; Amount Of Deposit; Use Of Deposit To Replace Surface;
Permit Fees"By Specifically Amending Appendix "A"Section 98-92 (C) Thereof; Said Amendment Mod'rfying Permit Fees To An
Increase Of Twenty Five (25%) Percent, Following City In-House Survey Of Fees For Similar Services In Surrounding County/
Municipalities.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writ-
ing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida 33139. Copies, of these ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued
and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
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.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities,
and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact
(305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711
(Florida Relay Service).
Ad #456
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