10-16-1996 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
OCTOBER 16, 1996 - 7 P.M.
CITY COUNCIL
Arthur I. Snyder, Mayor
Patricia Rogem-Libert, Vice Mayor
Arthur Berger, Councilmember
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey M. Perlow, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
CITY OF AVENTURA
WELCOME TO YOUR CITY COUNCIL MEETING
We are pleased that you have demonstrated an interest in the City of Aventura by attending a City
Council meeting. We hope you will attend more of these meetings in the future.
GENERAL INFORMATION
The City of Aventura was incorporated on November 7, 1995 and operates under the "Council -
City Manager Plan." The City Council is comprised of six members and the Mayor selected by the
residents of Aventura to serve as the City's governing body. It is responsible for adopting
policies of the City, passing ordinances, adopting resolutions, approving various development
requests and adopting the budget. A City Manager is appointed by the City Council to serve as
the administrative head of the government and provides recommendations to the City Council on
policy issues.
The City Council Meeting is a formal meeting of the members of the Council to transact City
business. This business is conducted in a manner prescribed by resolution, laws and
regulations which require formal actions and the following of specific procedures.
The AGENDA is a printed document that lists the order of business for the Council meeting.
GENERAL RULES AND PROCEDURES
Addressin.q Council - Members of the public may address the City Council on matters during the
following portions of the AGENDA: Public Hearings, Other Business and Public Comments.
Each person who addresses the Council shall step up to the speaker's podium and give his/her
name and address. Public discussion is limited to three minutes maximum per person, however
the Mayor may allow more time. All questions from the public to the Council shall be addressed
through the Mayor.
Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to
the city may do so by signing in with the City Clerk prior to the meeting. The Mayor will
recognize those persons who signed in under the agenda item "Public Comments."
Decorum - Any person making impertinent or slanderous remarks or who becomes boisterous
while addressing the Council, shall be barred from further audience before the Council by the
Mayor, unless permission to continue or again address the Council be granted by the majority
vote of the Council. No clapping, applauding, heckling or verbal outburst in support or
opposition to a speaker or his or her remarks shall be permitted. No signs or placards shall be
allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly.
The above represents a summarization of the Comprehensive Council Meeting and Agenda
Procedures Resolution. Copies of this resolution are available from the Office of the City
Manager.
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
COUNCIL MEETING
OCTOBER 16, 1996 -7 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: MOTION TO APPROVE MINUTES OF:
COUNCIL MEETING OCTOBER 2, 1996
4. AGENDA:
REQUESTFORDELETIONS/EMERGENCY
ADDITIONS
5. SPECIAL PRESENTATIONS:NONE
6. CONSENT AGENDA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT BETVVEEN
METROPOLITAN DADE COUNTY AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OCTOBER 16, 1996
OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE
DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, URGING ALL CABLE
COMPANIES PROVIDING CABLE SERVICE IN THE CITY
OF AVENTURA TO INCLUDE SPORTSCHANNEL AS A
BASIC CABLE PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO RATIFY CITY MANAGER'S APPOINTMENTS
OF ALFRED (FRED) NESBITT AND HERBERT L. KLIGER,
J. D. AS SPECIAL MASTERS PURSUANT TO ORDINANCE
NO. 96-14 WHICH DID ESTABLISH THE CODE
ENFORCEMENT PROCESS.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF
., TO PERFORM AUDITING SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED ENGAGEMENT LETTER; AND PROVIDING
AN EFFECTIVE DATE.
PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH
DID CREATE THE CITY OF AVENTURA
BEAUTIFICATION, RECREATION AND CULTURAL ARTS
ADVISORY BOARD, TO DELETE THE BEAUTIFICATION
RESPONSIBILITIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF AVENTURA BEAUTIFICATION ADVISORY
BOARD; PROVIDING FOR CREATION; COMPOSITION
AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
2
OCTOBER 16, 1996
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW;
REPLACING METROPOLITAN DADE COUNTY FEE
SCHEDULE; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
Em
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING,
MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
3
10.
11.
12.
OCTOBER 16, 1996
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTIONS: NONE
REPORTS:
· MAYORAND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
OTHER BUSINESS: NONE
PUBLIC COMMENTS
ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
TUESDAY, NOVEMBER 5, 1996 6 PM REGULAR COUNCIL MEETING
MONDAY, NOVEMBER 18, 1996 9 AM COUNCIL WORKSHOP MEETING*
* Government Center, 2999 NE 191st Street Suite 500, Aventura, Florida
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
466-8901, not later than two days prier to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at
such meeting or hearing will need a record of the proceedings and, for such purpose, may need to 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.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191st
Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the
City Clerk at 466-8901.
4
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, OCTOBER 2, 1996 - 6 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
2'1110 BISCAYNE BOULEVARD SUITE '101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder
at 6 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur
I. Snyder, City Manager Eric M. Soroka, City Attorney Stephen J. Helfman and City
Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting
commenced.
PLEDGE OF ALLEGIANCE: Mike Abrams led the pledge of allegiance.
ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
HEARING NUMBER 96-7-ACC-1. Joseph Goldstein, Esq., 1221 Brickell
Avenue, Miami, representing the applicant, and Jeff Bass, Esq., 46 SW 1st
Street, Miami, representing the objectors, jointly requested a continuance of
this hearing. A motion to continue this hearing until November 5, 1996 at 6
p.m. was offered by Councilmember Cohen, seconded by Vice Mayor
Rogers-Libert and unanimously passed.
HEARING NUMBER 96-28'1. Mr. Soroka read for the record a request from
Stanley Price, Esq., attorney for the applicant, that this hearing be continued.
A motion to continue this hearing until November 5, 1996 at 6 p.m. was
offered by Vice Mayor Rogers-Libert, seconded by Councilmember Berger
and unanimously passed.
APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert and
seconded by Councilmember Cohen to approve the minutes of the August 20, 1996,
September 11, 1996, September 17, 1996 and September 19, 1996 Council
meetings. The motion passed unanimously and the minutes were approved as
submitted.
AGENDA: Mr. Soroka advised Council that Agenda Item 7.G. had been removed
from the Agenda for further discussion at the Council Workshop on October 14,
1996. A motion to remove Agenda Item 7.1. from the Consent Agenda was offered
by Councilmember Beskin, seconded by Vice Mayor Rogers-Libert and unanimously
passed.
6. SPECIAL PRESENTATIONS: NONE.
7. CONSENT AGENDA: Mr. Helfman read the following ordinances from the Consent
Agenda by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH
DID CREATE THE CITY OF AVENTURA
BEAUTIFICATION, RECREATION AND CULTURAL ARTS
ADVISORY BOARD, TO DELETE THE BEAUTIFICATION
RESPONSIBILITIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF AVENTURA BEAUTIFICATION ADVISORY
BOARD; PROVIDING FOR CREATION; COMPOSITION
AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW;
REPLACING METROPOLITAN DADE COUNTY FEE
SCHEDULE; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A motion to approve the Consent Agenda was then offered by Councilmember Beskin,
seconded by Vice Mayor Rogers-Libert and unanimously passed. Thus, the above
ordinances were passed on first reading and the following resolutions were adopted:
Resolution No. 96-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, PROVIDING FOR AND
ADOPTING BUILDING INSPECTION FEE SCHEDULE;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Resolution No. 96-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, PROVIDING FOR AND
ADOPTING ENGINEERING AND PUBLIC WORKS
INSPECTION PERMIT AND REVIEW FEE SCHEDULE;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Resolution No. 96-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, SUPPORTING THE SAFE
NEIGHBORHOOD PARKS BOND REFERENDUM OF
1996; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 96-4t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA SELECTING THE FIRM OF
RAUSCHER PIERCE REFSNES, INC., TO PERFORM
FINANCIAL ADVISORY SERVICES; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT FOR FINANCIAL ADVISORY SERVICES;
AGREEING TO THE SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
I. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
After discussion, a motion to approve the ordinance on first reading was offered by Vice
Mayor Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed.
8. E. (Taken out of order)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING,
MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Tee Holloway, representative of BellSouth Telecommunications, requested that
second reading of this ordinance be continued to the next Council meeting scheduled
for October 15, 1996. After discussion, a motion was offered by Councilmember Cohen
and seconded by Vice Mayor Rogers-Libert to continue second reading of this
ordinance until October 15, 1996. The motion passed unanimously.
10. REPORTS: Mr. Soroka updated Council as to the status of the Interlocal
Agreement with Metropolitan Dade County. Mr. Harry Crook, Commodore Plaza,
addressed Council relative to this matter. Mayor Snyder urged all Councilmembers
to attend the County Commission meeting on October 8th at which time this item
would be addressed by the County Commission.
4
9. RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.06 TRAFFIC BARRIER FOR
PROFESSIONAL ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE.
Community Services Department Director Robert Sherman addressed Council relative
to this project. After discussion, an amendment was offered by Councilmember Berger
and seconded that the barrier be approved by the Florida Department of
Transportation. The motion passed, 5-2. A motion to approve this project, as
amended, was offered by Councilmember Perlow, seconded by Councilmember Cohen,
unanimously passed and Resolution No. 96-42 was adopted.
11. OTHER BUSINESS:
A. DISCUSSION RE: TRAIN HORNS. No action was taken by Council.
B. DISCUSSION AND POSSIBLE ACTION PROVIDING A PLAN TO PHASE
OUT BILLBOARDS. This item was deferred to the Council workshop
scheduled for October 14, 1996.
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. The following ordinance was read by title by Mr. Helfman:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO PEOPLES GAS SYSTEM, INC. A NON-
EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA;
AUTHORIZING PEOPLES GAS SYSTEM, INC. TO USE
THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE
CITY, FOR THE PURPOSE OF CONSTRUCTING,
MAINTAINING, OPERATING AND EXTENDING GAS LINES
IN THE STREETS AND PUBLIC PLACES OF SAID CITY
THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Thers being no speakers, the public hearing
was closed. A motion to approve the ordinance was offered by Councilmember Cohen,
seconded by Councilmember Holzberg, unanimously passed by roll call vote and
Ordinance No. 96-19 was enacted.
B. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES
FOR PROVIDING COPIES AND/OR PHOTOCOPIES OF
CITY DOCUMENTS AND RELATED SERVICES;
PROVIDING A SCHEDULE OF FEES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public hearing
was closed. A motion to approve the ordinance, with the amendment that fingerprinting
be deleted from the fee schedule and that "Administration" in the first paragraph be
clarified to read "City Administration", was offered by Vice Mayor Rogers-Libert, and
seconded by Councilmember Perlow. The motion passed unanimously by roll call vote
and Ordinance No. 96-20 was enacted.
C. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING
FRANCHISE FEE FOR SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN
PERMITTED PRIVATE HAULERS; PROVIDING FOR
SEVERABILITY, PENALTY AND AN EFFECTIVE DATE.
Mr. Soroka noted that additional amendments to this ordinance had been made and
provided Council with an amended ordinance. Mayor Snyder opened the public hearing.
Luciano Isla, Esq, 1790 West 49th Street, Hialeah, and George Cinnante, 120 SW 72"d
Way, Pembroke Pines, addressed Council relative to this ordinance. There being no
further speakers, the public hearing was closed. A motion to amend Section 1.03 (e) to
delete the phrase "and the fees charged for same" and to delete Section 1.15 was offered
by Councilmember Perlow and seconded by Vice Mayor Rogers-Libert. The motion
passed, 6-1, with Councilmember Beskin voting no. A motion was offered by
Councilmember Perlow and seconded by Vice Mayor Rogers-Libert to amend Section
1.24 to provide that all complaints pertaining to pickup of waste shall be responded to and
resolved within 24 hours and that all other service complaints shall be investigated and
responded to within 24 hours. The motion passed unanimously. A motion was offered by
Councilmember Perlow and seconded by Councilmember Beskin to further amend
Section 1.03(e) to provide that applicants shall furnish the City with a copy of existing
contracts. The motion died, 2-5, with Councilmembers Cohen, Berger, Holzberg, Vice
Mayor Rogers-Libert and Mayor Snyder voting no. A motion to approve the ordinance, as
amended, was offered by Vice Mayor Rogers-Libert, seconded by Councilmember
Perlow, unanimously passed by roll call vote and Ordinance No. 96-21 was enacted.
D. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND
PLANNING APPLICATIONS; PROVIDING FOR SAVINGS
CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing and there being speakers, the public hearing
was closed. A motion to amend Section 2 of the ordinance to provide the words "but not
limited to" after "including" was offered by Councilmember Perlow, seconded by Vice
Mayor Rogers-Libert and unanimously passed. A motion to approve the ordinance as
amended was offered by Vice Mayor Rogers-Libert, seconded by Councilmember
Holzberg, unanimously passed by roll call vote and Ordinance No. 96-22 was enacted.
12. PUBLIC COMMENTS: The following members of the public addressed Council:
Abe Mintz, 3701 N. Country Club Drive; Harry Crook; Ginger Grossman, 20100 W.
Country Club Drive; June Stevens, 20412 NE Del Vista Court; and Irving Littman,
3600 Mystic Point Drive.
Councilmember Perlow requested that Council adopt a resolution urging cable
companies providing service to residents of Aventura to include SportsChannel in their
basic cable programming.
13. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting was adjourned.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
A~yone wishing to appeal any decision made by the City Cound[ with respect to any matter considered at a meeting or hearing will need a
record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to he based.
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~.-~.~
Eric M. Soroka, C~,y/~a~er
October 8, 1996 ~._1
Resolution Approving Interlocal Agreement between the City and
Dade County
October 16, 1996 City Council Agenda Item ~ A
Recommendation
It is recommended that the subject Agreement be adopted by the City Council.
County Commission approved the Agreement at theOctober 8, 1996 meeting.
If you have any questions, please feel free to contact me.
The
EMS/ne
Attachment
CC0120-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN
METROPOLITAN DADE COUNTY AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura and Metropolitan Dade County wish to enter into
the attached Interlocal Agreement; and
WHEREAS, the City Council finds that approval of said Agreement is in the best
interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS
OF THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the Interlocal Agreement between Metropolitan Dade County
and the City of Aventura, a copy of which is attached hereto and made a part hereof, is
hereby approved and the City Manager is authorized to execute said Interlocal
Agreement on behalf of the City of Aventura.
Section 2. That the City Manager is authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. That this Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember ., who moved
its adoption. The motion was seconded by Councilmember , and upon being
put to a vote, the vote was as follows:
Resolution No. 96-__
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur Snyder
PASSED AND ADOPTED this __ day of October, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
- 2 -
Not On
M E M 0 R A N D U M Substitute
Agenda Item No.
T O: Honorable Chairperson and Members
FROM:
Bo~f~ounty C~nussloners
Armando Vidal, P.E.
County Manager
DATE:
SUBJECT:
October 8, 1996
Interlocal Agreement with
the City of Aventura
6(B)(8)
RECOMMENDATION
It is recommended that the Board of County Commissioners approve the attached interlocal
agreement with the City of Aventura authorizing the County to provide municipal services to the City
during interim and transition periods, transferring title to municipal roads and rights-of way, and
beginning the process of transferring the Marina del Rey park site to the City. Approval of this
agreement is subject to the Board's approval of amendments to Section 2-8.7 of the County Code that
governs the County's ability to contract with new cities to provide them services.
BACKGROUND
As the Board is aware, the City of Aventura incorporated with voter approval of its charter on
November 7, 1995, and its Mayor and City Council were sworn in on March 28, 1996. The City has
just begun its first full fiscal year as a city. To help the City transition into a full-service city, the
attached Agreement allows the County to provide police, public works, waste collection, and certain
planning and building and zoning services pursuant to a fee schedule in the Agreement. The
Agreement covers the period from the date of incorporation of the City until September 30, 1996
(Interim Period) and the first six months of the new fiscal year (Transition Period) with options to
renew for an additional twelve months (six months at a time, for a total of eighteen months after the
Interim Period) upon request by the City and approval by the Board of County Commissioners. The
City has already assumed full responsibility for code enforcement services and should assume a
number of building and zoning services by November !, 1996.
Other key provisions in the Agreement include:
For the Interim Period the County provided the same level of municipal services as planned and
budgeted in fiscal year 1995-96 with no charge to the City. The County has collected property
taxes and other revenues from this area for this period; however, the County will remit to the
City all of the utility tax revenue the County has collected from the Aventura area from the date
of incorporation less advances as per the Agreement.
The County will transfer the ownership of the Marina del Rey park site to the City, subject to
the concurrence of Glendale Federal Bank, and the substitution of the City of Aventura for the
County as a party to certain agreement pertaining to Marina de Rey.
Honorable Chairperson and Members
Board of County Commissioners
Page 2
The Agreement transfers jurisdiction ownership and control of local public roads within its
boundaries.
The City will remain in the Fire and Library Districts.
The City is required to provide the County with a timetable for transitioning from County to
City services and there are provisions for the orderly transfer of functions.
The provisions of this agreement generally follow those contained in the Village of Pinecrest
agreement approved by the Board on September 17. The significant difference is that since Aventura
will be levying its own property taxes in FY 1996-97, it will reimburse the County for all services
provided pursuant to a payment schedule.
As with the Pinecrest agreement, an item not provided for in the Agreement but which remains an
issue with the new city, is the disposition of Florida Power and Light (FPL) franchise fee revenue. I
am recommending that'the County retain this revenue for as long as the County has a franchise with
FPL in light of the significant loss of other revenue to the unincorporated area due to these
incorporations. Retaining these revenues will help to partially mitigate this loss. There are about 24
years remains in the contract. Both Aventura and Pinecrest have maintained that they should receive
this revenue. This revenue is estimated to be $1.8 million per year in Aventura.
This substitute item differs from the original item in that the proposed interlocal:
Specifies certain County roads and State roads within the jurisdiction of the City are
excluded from transfer to Aventura.
Deletes the requirement that the County provide the City with a deed evidencing the
transfer of certain County roads to the city, which transfer was effectuated by this
agreement.
Clarifies that the Board of County Commissioners, not the County Manager, has the
option to renew this agreement.
CMOI/21996
RESOLUTION NO..
Not On
Substitute
Agenda Item No.
10-8-96
6(B)(8)
RESOLUTION APPROVING INTERLOCAL AGREEMENT
WITH THE CITY OF AVENTURA; AUTHORIZING THE
COUNTY TO PROVIDE MUNICIPAL SERVICES FOR AN
INTERIM AND TRANSITION PERIOD; SETTING FORTH
THE COSTS OF MUNICIPAL SERVICES TO BE
PROVIDED BY THE COUNTY TO THE CITY OF
AVENTURA; PROVIDING FOR ASSUMPTION OF
SERVICES BY THE CITY; TRANSFERRING OWNERSHIP
AND JURISDICTION OF LOCAL PUBLIC ROADS;
AUTHORIZING THE COUNTY TO TRANSFER
OWNERSHIP OF MARINA DEL REY PARK SITE TO THE
CITY
WHEREAS, the City of Aventura and the County have reached an agreement on
the provision of municipal services by the County to the City of Aventura; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the
Interlocel Agreement between the City of Aventura and the County in substantially the
form attached hereto.
The foregoing resolution wag offered by Commissioner
Commissioner
, who moved its adoption. The motion was seconded Dy
James Burke
Betty T. Ferguson
Bruce Kaplan
Natacha S. ~
Alexander Penelas
Katy Sorenson
and upon being put to a vote, the vote was as follows:
Miguel Diaz de la Portilla
Maurice A. Ferr~
Gwen Margolis
Dennis C. Moss
Pedro Reboredo
.lavier D. Souto
Arthur E. Teele, ,Ir.
Not On
Substitute
Agendaltem No.
Page 2
6(B)(8)
The Chairperson thereupon declared the resolution duly passed and adopted
this 8th day of October, 1996.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
Approved by County Attorney
to form and legal sufficiency.
By:
Deputy Clerk
INTERLOCAL AGREEMENT
This is an Interiocal Agreement between Metropolitan Dade County, a political
subdivision of the State of Florida (the 'County"), and the City of Aventura, a municipal
corporation of the State of Florida (the "City"), entered this day of ~ 1996 (the or this
"Agreement").
BACKGROUND
On November 7, 1995, a charter for the City was approved by the citizens of Aventura
and on March 28, 1996, the first City Council was sworn into office. Prior to incorporation, the
area included within the City boundaries ("City Area") was part of the unincorporated area of the
County CUMSA"). Police, planning, park and recreation, public works, stormwater
management, solid waste collection and building and zoning services (collectively, "Municipal
Services"; individually, each a "Municipal Service") have continued to be provided to City Area
by the County since November 7, 1995.
The City and the County want to enter into this Agreement in order to: 1) agree on
Municipal Services and levels and cost of services to be provided to the City by the County from
November 7, 1995, through September 30, 1996 (the "Interim Period") and from October 1, 1996
through March 31, 1997 (the "Transition Period") or as may be extended through other
provisions of this Agreement; 2) outline a procedure whereby the City may, from time to time as
it deems appropriate, provide all or some Municipal Services in lieu oftbe County; 3) establish
procedures for extending this Agreement for up to two consecutive periods following the initial
term of this Agreement; 4) require a time-table for the orderly transition from the County's
provision of Municipal Services to the City providing its own Municipal Services; and 5) agree
upon and clarifi/certain other issues.
NOW, THEREFORE, the parties hereto agree as follows:
1. MUNICIPAL SERVICES FOR INTERIM PERIOD
1.1 For the Interim Period, the County agrees to continue to provide Municipal
Services (police, park and recreation, public works, planning, solid waste collection, stormwater
management, code enforcement and building and zoning) directly or through its contractors at the
same levels of service as was budgeted in fiscal year 1995-96.
2. MUNICIPAL SERVICES FOR TRANSITION PERIOD
2. I County Res°onsibilities. For the Transition Period, the County agrees to
continue to provide Municipal Services directly or through its contractors to residents and others
in the City as provided in its Agreement. These services are described below:
2.1.1 Police Services. Through the Metro-Dade Police Department
("MDPD"), the County will provide police services and protection to the City. Police practices
and operational staffing patterns will continue in the same manner and at the same level as those
provided in the Interim Period. MDPD will answer all calls for police setwice within the City and
uniformed patrol officers as well as other field staffwill be fully supported by all MDPD specialty
units as needed and by the complete administrative and other support services of the department;
however, lVlDPD officers will enforce only those existing state laws and county ordinances as may
be amended or added during the Transition Period.
2.1.2 Solid Waste Collection Services. The County shall continue to
provide twice weekly garbage and trash collection and once a week recycling services to
single-family residential customers in the City who are currently part of the County's Waste
Collection Service District as planned in the adopted 1996-97 County budget. These services
include the neighborhood trash and recycling station currently available for customers of the
Waste Collection district in the City Area as well as code enforcement of waste-related violations.
The County will provide garbage, trash and recycling collection services and will receive payment
in accordance with the Metropolitan Dade County Code during fiscal year 1996-97 until a
transition notice is given and is effective pursuant to Section 5.1 of this Agreement. Since these
services are funded on an annual basis with the special assessment collected from most customers
through the property tax bill, no separate fee schedule is shown in Section 4.1.
2.1.3 Planning. Building and Zoning Services. Through the Metropolitan
Dade County Department of Planning, Development and Regulation (PDR), the County will
perform analyses on applications for zoning hearings and on applications for amendments to the
County's Comprehensive Development Master Plan ("the Plan"), should the need arise, as
outlined below. It should be noted that the County has provided the following planning, building
and zoning services for the City during the Interim Period and that the City will assume providing
services described in Sections 2, 1.3.1 through 2.1.3.7 effective November !, 1996.
2. 1.3.1 Processing. The County will receive and process permit
applications for any new construction, alterations or improvements on real property
("Development Activity") within the jurisdiction of the City, all in accordance with current
practice (including forms and inspection procedures) for the unincorporated area of the County.
This will include the issuance of ail required subsidiary permits, such as electrical, plumbing,
mechanical, windows, shutters, roofing, and gas. It will also include the performance of all
3
required inspections and the issuance of applicable Certificates of Completion and/or Certificates
of Use and Occupancy.
2.1.3.2 Apt~lications. All applications for permits to do work in the
City shall be made at the offices of the Department of Planning, Development and Regnlation.
2.1.3.3 Review by the City. P~ior to the Count, s issuance of the
initial building permit (or renewal of an expired permit) for any Development Activity, the County
shall transmit one copy of the permit application and three copies of the site plan to the City
Manager for the City's approval. As part of that transmittal, the County shall provide the City
with a zoning compliance statement on or affixed to the site plans. This statement shall
demonstrate the County's findings as to compliance with such zoning regulations as setbacks,
building height, floor area ratio, landscaping, pervious area limits and other zoning criteria as well
as any applicable public hearing approved plans and covenants. Once that material is transmitted
to the City, the City will, within five working days, expeditiously review the material for the
purpose of determining that the proposed use shown on the permit application is permitted in the
applicable zoning district and that the County's statement as to zoning compliance has been duly
affixed to the site plans. If the City finds that the use is permitted and the County's zoning
compliance statement has been duly affixed to the site plans, the City shall indicate its approval by
the use ora stamp or mark on the site plans signed Or initialed by the individual making such
review on behalf of the City. This approval stamp or mark on the site plans shall authorize the
County to issue the permit applied for~ if other applicable regulations have been complied with.
One copy of the approved site plan shall be retained by the City. The other two copies shall be
returned to the County as "job" and "office" sets.
2.1.3.4 ~ In order to expedite the City review
procedure, the City will implement a process for a routine walk-through or drop-offofthe permit
applications and plans by the County or the permit applicant (or representative) during regular
business hours at a location designated by the City Manager. Once the City has completed its
review and issued an approval for an initial permit for the particular Development Activity, the
City's approval of subsidiary permits is not required.
2.1.3.5 Modifications. Any modifications to the physical elements
of the site plan (i.e. building footprint, parking lot, or landscaping) shall be reviewed and
approved by the City Manager or his designee.
2.1.3.6 Certificate of Use & Oceupan?v. In addition to the City's
review of permit applications and site plans, the County further agrees that it-will not issue a
certificate of use and occupancy for any existing development where a change in use is requested
unless and until the requested certificate is approved by the City in accordance with the same
review procedures described above for other Development Activity.
2.1.3.7 Records. The County will maintain records in accordance
with current practice for the unincorporated area and will provide the City, within 10 days after
the end of each month, a monthly activity report of all permitting services provided during the
preceding 30-day period, in a format approved by the City.
2.1.3.8 Public Hearinl~ Applications.
2.1.3.8.1 Pending Aoolications. The County will give the City
written notice within 5 days of effective date of this Agreement by of all pending applications for
Zoning Public Hearings ("Zoning Applications").
2.1.3.8.2 New Zoning ApDlicati0ns. The County shall accept
new Zoning Applications for land within the City and shall process such Zoning Applications as
set forth in this paragraph. All Zoning Applications and supporting documents shall be furnished
to the City Manager or his designee within five days of filing with the County.
2. ! .3.8.3 Processing, of Pendimz and New Anolications. All
pending or new Zoning Applications that are not yet scheduled and noticed for hearing shall be
processed and noticed by the County for public hearing by the City at a time and place determined
by the City. The time and place shall be furnished to the County in adequate time to prepare and
publish appropriate notice. The processing of Zoning Applications by the County shall include a
complete analysis, including site data, historical background, and comprehensive plan consistency,
and shall include the recommendations of the County's stalE. All such analyses shall be furnished
to the City five days in advance of the City's conducting its public heating on the respective
Zoning Applications.
2.1.3.8.4 Substantial Compliance Determinations and
Administrative Site Plan ADpr0vals. During the term of this Agreement, the City shall make all
substantial compliance determinations in connection with plans previously approved at public
hearing by the County. The County shall refer to the City Manager or his designee requests for
administrative site plan reviews. The County shall transmit its recommendations with the
transmission of these items.
2.1.3.8.5 Administrative Variances. During the term of this
Agreement, the County shall receive and process all applications for administrative variances.
Upon the completion of the processing (including the preparation of a staff recommendation) of
6
such requests, the County shall transmit the full applications to the City for final action by the City
Council.
2.1.3.9 Platting. During the term of this Agreement or until
otherwise notified by the City, the County shall receive, review and process all requests for
platting approval (including waivers of plat) in accordance with Section 28-1 (L) of the County
code. Upon'completion of the review and processing, the County shall submit'ali final plats and
waivers of plat to the City for City Council approval.
2. 1.3. ! 0 Comvrehensive Develooment Master Plan. The City
acknowledges that the Plan is the controlling master plan for the City. Until the City prepares and
adopts its own comprehensive plan in accordance with state statutes, amendments to the County's
Plan must be filed through the County's Plan amendment process. The City will be given notice
by County of any Plan amendment applications filed within the City's boundaries. Additionally, in
accordance with the Intergovernmental Coordination Element of the Plan, County shall provide
notice to the City of any Plan amendment applications filed with County for areas ad,jacent to the
City. It is the intent of the parties to enter into an agreement pursuant to Section 163.3172 (3)
Florida Statues to allow the City to enact Plan amendments within the.jurisdiction of the City and
to allow the City to assume responsibility for determining all such amendments to the exlent
allowable by law.
2.1.4 Code Enforcement. The County hn~ provided this service to the
City during the Interim Period, but the City has taken over all code enforcement functions as of
September 9, 1996.
7
2.1.5 l%blic Works Services. Through the County Department of Public Works,
other appropriate County departments or contractors, the County will provide the following
services, performed in accordance with current practice in UMSA and at the service levels
provided in the adopted 1996-97 County budget:
2.1.5.1 Municipal-type local road and right-of-way maintenance
services, including shoulder repair, pothole patching and asphalt patching of sidewalks and bike
paths to the City.
~2.1.5.2 The County will continue to provide stormwater utility
services for stormwater systems located within the City's jurisdiction and collect fees associated
with those services until such time as the City is granted an exemption to the Stormwater Utility
Ordinance pursuant to Metropolitan Dade County Code Section 24-61.2, as may be mended.
2.1.5.5 The City hereby assumes responsibility for local roadway
and other related capital improvements and the County agrees to include the City in the
distribution formula for Capital Improvements Local Option Gas Tax and the Local Option Gas
Tax which is sent to the Department of Revenue of the State of Florida, as allowed by law.
2.1.5.6
2.1.5.7
[Intentionally omitted]
County-wide fimds will continue to be used for erection and
maintenance of street signs, traffic signals, and other county-wide responsibilities.
2.1.6 Park and Recreation Services -- Marina Del Rev. Subject to written consent to
the transfer of such property by Glendale Federal Bank, a federal savings bank, and execution of
an agreement substituting the City of Aventura for Metropolitan Dade County as parties to the
"Reaffirmation of Obligations and Responsibihties as to Track Q of Marina del Rey" dated March
7, 1994, and the "Agreement for Construction of Public Park Improvements in-lieu-of Payment
Required Park Improvement Impact Fees" dated October 3 i, 1995, the County shall convey by
County deed its perpetual easement in land in Dade County, Florida, legally identified as: Track
Q, park site of Marina del Rey as shown on the Plat of Marina del Rey, revised as recorded in Plat
Book 144 at page 89 of the public records of Dade County, and commonly known as a park site
of Marina del Rey. All documents referenced in this subparagraph are subject to approval of the
Dade County Attorney's Office for legal form and sufficiency.
3. FINANCIAL ISSUES.
3.1 Revenues from the Interim Period. The County acknowledges that the
residents, property owners and businesses of the City were responsible for paying the County
1995 ad valorem taxes, and fees for storm water management, building permit and zoning
applications for the UMSA Municipal Services for the Interim Period. In consideration of the
receipt of these taxes and fees by the County attributable to the periods after the date of
incorporation, the County agrees to continue to provide Municipal Services as was budgeted for
risc. a] year 1995-96.
3.1. I The parties agree that the City is entitled to receive utility tax revenues
commencing November 8, 1995, pursuant to Florida Statute 166.231 and City Ordinance. Due
to the time required to adjust the accounting systems of utility tax collectors, some utility revenue
may have been remitted to the County instead of to the City. The County estimates that the utility
tax collections accruing fi.om utility accounts in the City for the period November 8, 1995, to
September 30, 1996, are approximately $3.5 million. The County has advanced the City the sum
9
of $900,000 on account of utility tax due to the City. Pursuant to Section I of the Interlocai
Agreement dated June 4, 1996, the repayment of certain advances is subject to a determination by
the County. This paragraph and this Agreement shall constitute this determination by the County
that no advances or repayments are required by the City other than the offset of $900,000
provided for in this paragraph. The City shall have no further obligation to reimburse the County
nor shall the County have any right to request reimbursement by the City pursuant to the.
Interlocal Agreements.
3. 1.2 The City shall submit to the County a statement of actual utility tax
collections from the time the City began collecting these taxes through September 30, 1996. City
and the County staffwill estimate revenue from utility taxes based on the actual revenues
collected for the period from November 7, 1995, until the City began receiving such tax revenue~
Based on these estimated revenues, the City and County will compute the difference between the
estimated revenues~ actual collection and advances paid by the County to the City to determine
the balance the County will pay to the City. This payment shall be made within thin'y. (30) days of
the reconciliation of these accounts subject to the County's audit. If the County deems it
necessary to conduct an audit as provided in this paragraph, such amounts the County is required
to pay the City pursuant to this paragraph shall be paid within ten (10) days of completion of the
audit.
3.1,3 Cable Franchise Fees. The County also agrees to remit cable
franchise fees collected by the County in the City during the Interim Period within thirty (30) days
after execution of this Agreement. The County estimates these fees to be $7,000.
10
3.1.4 Payment for Elections. The City will reimburse the County
the estimated sum of $20,000 for the cost of the City of Aventura's Primary and Regular Elections
held November 1995 and March 1996. The County will provide a detailed invoice for these
elections to the City. The City agrees to reimburse the County within thirty (30) days of receipt
of the invoice.
3.1.5 Imnact Fees. The County and the City agree that the County will,
within thirty (30) days upon execution of this Agreement, transfer all park and police impact fees
to the City which were collected in the corporate limits of the City after November 8, 1995.
3.1.6 City Actions Related to Revenue. Prior to the end of the first six
months transition, the City will make every effort to adopt its own ordinance related to
occupational license fees, cable franchise fees, stot~mwater management (if applicable) and impact
FEE SCHEDULE FOR SERVICES FOR TRANSITION PERIOD.
4.1 The City shall pay the County fees for Municipal Services during the Transition
Period provided below:
Service
Monthly Cost
Police $216,000
Planning, Building, Zoning County keeps fccs imposed pursuant to
AO 4-63A, as may be arncndcd
Public Works $5,000
Storrmvatcr Managcmcnt
County keeps fees until transition takes
place
11
5, ASSUMPTION OF SERVICES BY THE CITY.
$. 1 Transfer Notice. In the event that the City wishes to commence providing
any of the Municipal Services being provided by the County pursuant to this Agreement, the City
shall provide written notice to the County of its intent to begin providing such Municipal Service
or Municipal Services (the "Transfer Notice"). The Transfer Notice shall specify the Municipal
Service or Municipal Services the City wants the County to discontinue providing and the date
upon which the City wants to begin providing those Municipal Services (the "Transfer Date").
The Transfer Notice shall be given not less than the time periods specified below prior to
the Transfer Date.
Police
Solid Waste Collection
Planning
Public Works
Stormwater Management*
Building and Zoning
90 days
120 days
30 days
30 days
30 days
30 days
* Subject to County Code Section 24-61.2.
5.2 Transition A~eements. Upon receipt of a Transfer Notice by the County from the
City, negotiations with respect to transition agreements relating to Municipal Services specified in
the Transfer Notice shall immediately commence between the County and the City in order to
specify the details and timing of the transfer ("Transition AgreementS"). The Transition
Agreements will be in the form of a Letter of Understanding between the County Manager and
the City Manager, following legal review by both the County Attorney and the City Attorney.
12
The Transition Agreements will cover operational issues only and will be made within the cost
and time-frames outlined in this Agreement.
The Transition Agreements shall contain at a minimum the following elements:
:5.3.1 A methodology whereby an orderly transfer of Municipal Services is
accomplished.
:5.3.2 A pro rata schedule of payments or reimbursements for services as
provided in Section 4.1 based upon the Transfer Date.
5.4 Timetable for Transition from County to City Services. Within 120 days of
execution of this agreement, the City will provide to the County a timetable for the orderly
transition from County provision of Municipal Services to those services being provided by the
City.
6, CAPITAL ASSETS
6.1 The County and City will negotiate separate agreements, if any, which may be
required to resolve any issues pertaining to the capital assets owned by the County and located in
the City in addition to those addressed elsewhere in this Agreement, except as provided in section
6.2. of this Agreement.
6.2 The jurisdiction ownership and control of all public roads within the corporate limits
of the City (the *'Public Roads*) designated as part of the County Road System prior to the
effective date of this Agreement are hereby transferred to the City Road System, excluding NE
203 Street, west of Biscayne Boulevard (State Road No. 5). The County and City recognize that
the portion of Biscayne Boulevard; NE 179 Street west of Biscayne Boulevard; Miami Crardens
Drive west of Bi~ayne Boulevard; and the William Lehman Causeway (State Road No. 856),
13
situated within the territory of the City, shall remain within the jurisdiction of the State Road
System. This paragraph shall be sufficient to accomplish the transfer of Public Roads from the
County Road System to the City Road System pursuant to Section 335.0415 (3), Fla. Stat. The
transfer of Public Roads hereunder shall be deemed to include the transfer of the County's
regulatory and proprietary jurisdiction and the conveyance of all right, title and interest of County,
subject to any easements reserved for public utilities owned and operated by County.
?~ SERVICES EXCLUDIH) FROM Tills AGREEMENT
This agreement does not apply to the following municipal services:
*Library - Special Taxing District
*Fire and Rescue - Special Taxing District
*Water and Sewer Services - The City is currently included in the area served by
the Water and Sewer Authority Department. Residents are billed directly for the service,
8. RENEWAL OPTIONS
g. I The Board of County Commissioners must approve all written requests by the City
to renew this Agreement. A written request must include an update of the timetable required in
section 5.4 of this Agreement and must be provided to the County 30 days prior to the end of the
Transition Period. The County shall not revise its fee schedule as shown in section 4.1 of this
Agreement prior to the end of the First Renewal Period. The County Manager will prepare a
resolution regarding this First Renewal Period to be placed before the Board of County
Commissioners for consideration at a public hearing prior to the end of the Agreement.
8.2 The Board of County Commissioners may renew this Agreement for an additional
six months at, er expiration of the First Renewal Period upon a written request from the City (the
14
"Second Renewal Period"). The written request must include an update of the timetable required
in section 5.4 of this Agreement and must be provided to the County 45 days prior to the end of
the First Renewal Period. The County may revise its fee schedule as shown in section 4.1 of this
Agreement reflecting fees to be charged during the Second Renewal Period; any changes in this
schedule shall be provided to the City 60 days prior to the end of the First Renewal Period. The
County Manager will prepare a resolution regarding this Second Renewal Period to be placed
before the Board of County Commissioners for consideration at a public hearing prior to the end
of the First Renewal Period.
9. NOTICES
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested, hand delivered or overnight delivery addressed as follows
(or any other address that the party to be notified may have designated to the sender by like
notice):
The County:
A copy to:
City:
A copy to:
County Manager
Metro-Dade County
1 i 1 N.W. First Street, Suite 2910
Miami, Florida 33128
County Attorney
Metro-Dade County
i 1 ! N.W. First Street, Suite 2810
Miami, Florida 33128
Mr. Eric M. Soroka
City Manager
2999 N.E. 191 Street, Suite 500
Aventura. Florida 33180
Richard Jay Weiss, Esq.
Weiss Serota& Helfman
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
15
Unless otherwise required by law, any notice sent hereunder shall (subject to proof of
receipt or refusal of same) be deemed to have been delivered on the same day if hand-delivered,
on the next business day is sent by overnight courier or on the day of receipt of refusal, if sent by
the certified or registered mail
I0. AMENDMENTS
This Agreement may be modified only by an agreement in writing signed and sealed by the
City Commission and the Board of County Commissioners, Dade County, Florida.
11, INDEMNIFICATION
The City shall indemnify and save harmless the County from any and all claims, liability,
losses and causes of action which may arise out of actions of the City in fulfillment of this
Agreement to the extent allowable by law. The City directly or through its insurance carrier shall
pay all claims and losses of any nature whatsoever in connection therewith and shall defend all
suits, in the name of the County when applicable, and shall pay all costs and judgments which may
issue thereon.
The County shall also indemnify and save harmless the City from any and all claims,
liability, losses and causes of action which may arise out of actions of the County in fulfillment of
this Agreement to the extent allowable by law. The County shall pay all claims and losses of any
nature whatsoever in connection therewith and shall defend all suits, in the name of the City when
applicable, and shall pay all costs and judgments which may issue thereon.
12 FRANCHISE FEE.
The parties acknowledge that there is a pending issue relating to which party is entitled to
franchise fees from Florida Power and Light (FP&L) which were generated within the City after
November 7, 1995. The County acknowledges that by executing this Affreement, the City is not
waiving any rights it may have to the franchise fees from FP&L and agrees that this Agreement
shall not be asserted as an estoppel, waiver or in any other manner entered into evidence in a law
suit, claim or challenge to recover FP&L franchise fees.
13. EFFECTIVE DATE.
The effective date of this Agreement shall be the later of the date on which this Agreement is
approved by the Board of County Commissioners, Dada County, Florida or the effective date of
an amendment to Metropolitan Dade County Code §2-8.7, which, in the opinion of the Dede
County Attorney's Office, would not prohibit the County from entering into this Agreement. This
Agreement shall expire on March 31, 1997, unless renewed as provided herein. Upon expiration
of this Agreement, the City will pay to the County any outstanding payments due the County
under this Agreement and the County shall cease providing Municipal Services and performing
any other provisions of this Agreement.
14. LAW
This Agreement shall be construed in accordance with the laws of the State of Florida.
The venue for any lawsuit arisin8 out of this Agreement shall be Dada County, Florida.
15. SEVERABILITY
Should any provision, paragraph, sentence, word or phrase contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable
17
under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws, then same shall
be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seal the day and year first above written.
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
METROPOLITAN DADE COUNTY,
a political subdivision of the State of Florida
Assistant County Attorney
Armando Vidal, P.E., County Manager
ATTEST:
Harvey Ruvin, Clerk
By:.
As Deputy Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
CITY OF AVENTURA
a municipal corporation in the State of
Florida
City Attorney
Eric Soroka, City Manager
18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, URGING ALL CABLE
COMPANIES PROVIDING CABLE SERVICE IN THE CITY
OF AVENTURA TO INCLUDE SPORTSCHANNEL AS A
BASIC CABLE PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, South Florida is home to several professional sports franchises,
including the Florida Marlins, Miami Dolphins and Florida Panthers; and
WHEREAS, local residents and fans of these teams wish to participate in these
sports and offer support to these teams, not only by personal attendance, but by
watching these events on television; and
WHEREAS, many of these games are televised by SportsChannel on cable
television; and
WHEREAS, various cable companies provide cable service to the residents of
the City of Aventura; and
WHEREAS, many of the cable companies do not include SportsChannel in their
basic cable programming.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
.Section 1. The City Council urges all cable companies providing cable service
in the City of Aventura to include SportsChannel in their basic cable programming for
the enjoyment of the residents of Aventura.
Section 2. The City Manager is hereby directed to provide a copy of this
Resolution to all cable companies providing cable service in the City of Aventura.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Perlow, who moved its
adoption. The motion was seconded by Councilmember , and upon
being put to a vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Coun¢ilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patdcia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this __ day of October, 1996.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'I-FORNEY
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City ~
October 9, 1996 ~
Appointment of Special Master for Code Enforcement Process
Recommendation
It is recommended that the City Council ratify the City Manager's appointment of Alfred
("Fred") Nesbitt and Herbert L. Kliger as Special Masters for the City of Aventura Code
Enforcement Process
Back.qround
Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process
provides for the City Manger to appoint Special Masters. Furthermore, it requires that
such appointments be submitted to the City Council for ratification. The above-
referenced individuals have been selected for ratification by the City Council.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0125-96
STATE OF FLORIDA
ELeVeNTH JUDICIAL CIRCUIT
ALFRED F. ~£SBITT
SENIOR JUDGE
October 7, 1996
DADE COUNTY COURTHOUSE
73 WEST FLAGLER STREET
MIAMI, FLORIDA 33130
Mr. Eric Soroka, City Manager
City of Aventura
2999 Northeast 191st Street
Suite 500
Aventura, Florida 33180
Dear Mr. Soroka:
It has come to my attention that you are considering the use
of a Special Master in the event of Code Enforcement disputes. As
I am now a retired or Senior Judge, I do not sit on the bench on a
regular basis. I would be most interested in helping the City of
Aventura.
You can reach me at (305) 682-0644, or at my home,
20185 East Country Club Drive, Apartment 409, at your convenience.
Very truly yours,
AFN/gn
HERBERT L. KLIGER, J.D.
50 UNION STREET
P.O. BOX 156
NEV~FON CENTRE, MA 02159
617/969-2800
AI¥ORNEY A] LAW
September 24, 1996
City of Aventura
Government Center
Office of the City Manager
2999 N.E. 191st Street
Suite 500
Aventura, FL 33180
ATTN: Eric M. Soroka, City Manager
RE: Special Master Application
Dear Mr. Soroka:
Please be advised that this letter shall serve as my application for appointment as a Special Master
for hearing of city code violations for the City of Aventura.
I enclose herewith a copy of my resume which I have in fact submitted to your office at an earlier
date and am herewith re-submitting together with this letter delineating additional qualifications
for the Office of Special Master for Code Enforcement.
First, as you are well aware and which is evidenced from my resume enclosed herewith, I have
been a practicing attorney for 35 years and have in fact tried many cases before the various courts
of the Commonwealth of Massachusetts, various administrative bodies, and various cries and
towns within Massachusetts administrative hearings.
In addition thereto, I have maintained residence within the City of Aventura, formally known as
North Miami Beach, since 1990.
I presently mn a registered voter in the State of Florida and within the City of Aventura and also
maintain a Florida motor vehicle operators driver's license.
I believe thai. my credentials as a practicing attorney for 35 years within the Commonwealth of
Massachusetts and having tried many cases before the courts, administrative bodies, cities and
towns, eminently qualify me to act in the capacity ora Special Master for Hearings for Code
Violations for the CRy of Aventura.
RECEIVED
SEP ? 1996
OFFK;~- OF THE
CITY MN~AGER
Page 2
Further, my credentials speak for themselves with reference to civic endorsements, volunteer
work and as late as several weeks ago did participate as a team leader for two days in the
preparation and set up for the Boston-New York AIDS Ride.
For 22 years prior to the untimely demise of our illustrious Mayor the Honorable Theodore D.
Mann I was associated with his office, with his campaigns, and with him as a personal friend. In
addition to the foregoing, I am presently still a trustee of several trust funds operated by the City
of Newton and administered by a Board of Trustees in order to disburse funds for various civic
and philanthropic purposes in the City of Newton, Massachusetts.
References from people in Massacl~usetts and within the State of Florida are readily available
upon request including Council Member Jeffrey M. Perlow, Esq.
I would most sincerely appreciate your consideration of myself as a Special Master for Hearings
for Code Violations.
If additional information or references or other material are required, I would appreciate an early
and prompt reply~
Herbert L. Kliger
20500 West Country Club Drive, Unit 117
Aventura, FL 33180
305/932-9866
CURRENT STATUS
Herbert L. Kliger, J.D.
Attorney At Law .
50 Union Street
P.O. Box 156
Newton Centre, MA 02159
617-969-2800
ADMITTED TO PRACTICE BEFORE
Supreme Judicial Court of Massachusetts
United States District Court for District of MA
United States Court or'Appeals, First Circuit
Supreme Court of the United States
Internal Revenue Service
United States Court of Militmy Appeals
Interstate Cmmnerce Commission
United States Tax Court
PROF~S_..S!ONAL PO SI TI_ON S
Real Estate Broker
Licensed Public Accountant
Notary Public, Fourth Renewal
EDUCATION
Boston University School of Law, Juris Doctor
Boston University College of Business Administration,
Bachelor of Science in Business Administration,
Major: Accounting
EMPI.OYMENT
Private Practice
Past Association, Kliger & Weener
Assistant Attorney General, Commonwealth o~Massachusetts
Contracts Division and Criminal Division
pROFESSIONAL ASSOC!ATIONS
Massachusetts Bar Association
American Bar Association
National Society of Publlc Accountants
Constitution and By-Laws Committee
1960
1960
1961,
1963
1963
1963
1963
1965
1960 to present
1968 to present
1958
1955
1960 to present
1981 to 1985
1962
1974
CIVII, AND COMMUNITY ORGANIZATIONS
Knights of Pythias:
Knights of Pythias, Past Chancellor, I,incoln Lodge
Knights of Pyttfias, Deputy
Yafights of Pythias, District Deputy
Dramatic Order of the Knights of Korassan:
Past Royal Vizier
Royal Prince
New England Histadrut Cotnmittee
Temple Emanual
Trustee, Read Eliot Fund (1979 to present)
University Club
Shornfim Society
Newton Auxiliary Police ( 5 years)
Massachusetts Chiefs of Police Association (1962 'to present)
Counsel to Massachusetts Chiefs of Police Association (1962-1972)
Blizzard of 1978
Liaison between Mayor's Office m~d Police Department
Responsible for issuance c~t'special driving permits during that emergency 10-day
pedod
Worked directly with Senator Kennedy and bis staff in obtaining heavy duty snow
removal equip~nent for the City of Newton
REAL ESTATE__C_L_OSING ATTORNEY TO:
Grove Bank for Savings
35 Washington Street
Brighton, MA 02146
Citizens Financial Services Corp.
Executive Place V
60 Mall Road
Burlington, MA 01830
Brookline Savings Bank
160 Washington Street
Brooldine, MA 02146
Capitol Bank and Trust Company
New Chardon Street
Boston, MA 02108
CERTIFYING.ATTORNE__y_j. for title i~nsurance_p_yr_i!os- es_)_to_2
Chicago Title Insurance Co.
First American Title Insurance Co.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
October 16, 1996 City Council Agenda Item
The attached Resolution was prepared without inserting the name of the Audit Firm.
This matter will be discussed at the workshop meeting. Based on the outcome of the
meeting, a revised Resolution will be prepared for the Council meeting.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0126-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
, TO PERFORM AUDITING
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED ENGAGEMENT LETTER;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of be and the same is
hereby appointed to perform independent auditing services for the City of Aventura.
Section 2. The City Manager of the City of Aventura, Florida, is hereby
authorized to execute the Engagement Letter, attached hereto as Exhibit "A", for
auditing services by and between the City and , and the City
agrees to the negotiated scope of services and fees.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
, who
moved its adoption. The motion was seconded by Councilmember
,and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Coun¢ilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
Resolution No.
Page 2
PASSED AND ADOPTEDthis
day of October, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS~ms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City
September 24, 1996
Ordinance Amending the Beautification, Recreation and Cultural Arts
Advisory Board to Establish Two Boards
Ist Reading October 2, 1996 City Council Agenda Item r/.
2nd Reading October 1~, 1996 City Council Agenda Item
Pursuant to the City Council's direction, attached is an Ordinance amending the original
Beautification, Recreation and Cultural Arts Advisory Board to establish two boards and
eliminate references to the Beautification responsibilities provided for in Ordinance No.
96-10.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0100-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH
DID CREATE THE CiTY OF AVENTURA
BEAUTIFICATION, RECREATION AND CULTURAL ARTS
ADVISORY BOARD, TO DELETE THE BEAUTIFICATION
RESPONSIBILITIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to create two advisory bodies, to be known
as the City of Aventura Recreation and Cultural Arts Advisory Board, and the City of
Aventura Beautification Advisory Board, to provide advice and recommendations to the
City Council on matters concerning City beautification, cultural arts, special events, and
recreational activities.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS?
Section1. Ordinance No. 96-10, which did create the Beautification,
Recreation and Cultural Arts Advisory Board, is hereby amended as follows:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of
Aventura ~Recreation and Cultural Arts
Advisory Board (the "Board") consisting of seven (7)
members who shall be appointed by the Mayor, subject to
text has been added; ............ text has been deleted from existing language.
the approval of the City Council. EaCh member of the City
Council may recommend appointments to the Mayor.
Members of the Board shall hold office at the pleasure of the
City Council. Members of the Board shall serve without
compensation and shall not be reimbursed for travel,
mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector
of the City of Aventura who has continuously resided within
the City for the six (6) month period immediately prior to the
appointment, and shall not be an employee of the City. Any
member who ceases to reside within the City Limits during
his or her term of office shall be deemed to have resigned as
of the date of his or her change of residence from the City.
In the event of the resignation or removal of any member of
the Board, the Mayor shall appoint a person to fill the
vacancy on such Board for the unexpired portion of the term
of the member vacating such office, subject to approval of
the City Council. In appointing members of the Board, the
following guidelines shall be considered:
1. Expressed interest and/or experience in ,..,'""",~......~... .....
de~;ign ""'~ "-"~'~*""* .... ~' .... *~"+~ ..... ~'~*~ recreation
activities, culture and the arts.
2
2. Evidence of a commitment to serve and act in the
best interests of the citizens of Aventura.
Section 5. Jurisdiction. The jurisdiction of the
Board shall be solely advisory. Action of the Board shall be
in the form of a written recommendation of advice to the City
Manager and City Council. The following matters shall be
within the advisory jurisdiction of the Board:
Stimulate greater public awareness and
appreciation of the importance of
~' .... *;¢'""*;"" recreation and cultural arts in
the City.
Assist in the formulation of special events,
recreation activities and cultural programs.
Promote the sponsorship of cultural arts and
special events by community and civic
organizations.
Encourage and facilitate opportunities for City
residents to participate in various cultural
events and activities.
Other matters assigned by the City Council or
City Manager.
.Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
3
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 3.. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
, and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of October, 1996.
4
PASSED AND ADOPTED on second reading this
day of October 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Somka, City Manager
September 24, 1996
Ordinance Establishing Beautification Advisory Board
Ist Reading October 2, 1996 City Council Agenda Item ~
2nd Reading October 1~;, 1996 City Council Agenda Item ?'- ~L~
Pursuant to the City Council's direction, attached is an Ordinance establishing the
Beautification Advisory Board as a separate entity from the Recreation and Cultural Arts
Advisory Board.
The Ordinance was prepared based on the same format as the original board.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0100-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF AVENTURA BEAUTIFICATION ADVISORY
BOARD; PROVIDING FOR CREATION; COMPOSITION
AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Beautification Advisory Board, to provide advice and
recommendations to the City Council on matters concerning City beautification projects.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of Aventura Beautification
Advisory Board (the "Board") consisting of seven (7) members who shall be
appointed by the Mayor, subject to the approval of the City Council. Each
member of the City Council may recommend appointments to the Mayor.
Members of the Board shall hold office at the pleasure of the City Council.
Members of the Board shall serve without compensation and shall not be
reimbursed for travel, mileage, or per diem expenses.
B, Each member of the Board shall be a qualified elector of the City of Aventura
who has continuously resided within the City for the six (6) month period
immediately prior to the appointment, and shall not be an employee of the
City. Any member who ceases to reside within the City Limits during his or
her term of office shall be deemed to have resigned as of the date of his or
her change of residence from the City. In the event of the resignation or
removal of any member of the Board, the Mayor shall appoint a person to fill
the vacancy on such Board for the unexpired portion of the term of the
member vacating such office, subject to approval of the City Council. In
appointing members of the Board, the following guidelines shall be
considered:
1. Expressed interest and/or experience in landscape design and
architecture, and beautification projects.
2. Evidence of a commitment to serve and act in the best interests of the
citizens of Aventura.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a
member has three (3) unexcused absences in a calendar year, then in that
event such member shall be subject to removal as a member of the Board by
vote of two-thirds (2/3) of the remaining members of the Board.
D. The City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board and provide necessary staff support for the Board.
Section 2. Term of Office. The initial term of office for members of the
Board shall be from the date of adoption of the Ordinance creating the Board until
2
November 3, 1997. Thereafter, terms of office for members of the Board shall be for a
Period of one (1) year, with eligibility for reappointment.
Section 3. Advisory Capacity. The powers and duties of the Board shall be
solely of an advisory nature to the City Council and City Manager.
Section 4. Rules of Procedure. The Board shall adopt rules of procedure not
inconsistent with the Ordinances of the City and the laws of the State of Florida and
shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of
procedure for the conduct of meetings of the Board. The Board may create additional
rules for the conduct of its internal proceedings.
A. During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman.
B. Four (4) members shall constitute a quorum for the transaction of business of
the Board. Official action shall be taken by the Board only upon the
concurring vote of a majority of the members present at an official meeting of
the Board, except that at least four (4) affirmative votes shall be required for
official action.
Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory.
Action of the Board shall be in the form of a written recommendation of advice to the
City Manager and City Council. The following matters shall be within the advisory
jurisdiction of the Board:
· Stimulate greater public awareness and appreciation of the importance of
beautification projects in the City.
· Provide recommendations on landscaping and beautification projects.
· Act as the City's tree Board for the Tree City USA requirements.
3
· Other matters assigned by the City Council or City Manager.
Section 6. All members of the Board shall be subject to the Standards of
Conduct for Public Officers and Employees set by Federal, State, County or other
applicable law pursuant to City Charter Section 7.03.
Section 7. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 8. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded
4
Councilmember , and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this
day of October, 1996.
day of October, 1996.
A'I-FEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _.
Eric M. Soroka, City
September24, 1996 \
Ordinance Providing for"~e Establishment of
Engineering and
Public Works Inspection Permit and Review Fee Schedule
1st Reading:
October 2, 1996 Council Meeting Agenda Item
2nd Reading: October 16, 1996 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which provides
for the establishment by Resolution of engineering and public works inspection permit
and review fees to be charged by the City.
Background
We are in the process of establishing the various engineering and public works
inspection permit and review fee schedules to be charged by the Community Services
Department. In order to adopt the fee schedules by Resolution, the attached Ordinance
was prepared for Council consideration.
The actual fee schedule Resolution appears on this agenda.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW;
REPLACING METROPOLITAN DADE COUNTY FEE
SCHEDULE; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the City is authorized by state law to provide for fees for the
consideration and processing of applications for engineering and public works inspection
permit and review services provided by the City; and
WHEREAS, pursuant to Sec. 8.04 of the City Charter, the fee schedules provided
by Metropolitan Dade County have previously been utilized by the City for the purpose of
determining the applicable fees for engineering and public works inspection permit and
review services; and
WHEREAS, the City Council finds that it is necessary to implement a mechanism
to enable the City to establish and adjust, from time to time, the applicable fees; and
WHEREAS, the City Council finds that this Ordinance shall accomplish such
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The City is hereby authorized to impose fees for the issuance of
engineering and public works inspection permit and review and related services of the
Community Services Department. Such fees shall be set and may be amended from time
to time by Resolution of the City Council following a public hearing.
Section 2. Replacin.q Metropolitan Dade County Fee Schedule. The application
Ord. No. 96-
Page 2
fees provided by this Ordinance shall replace the application fees previously provided by
administrative order of Metropolitan Dade County for engineering and public works
inspection permit and review services, as made applicable by City Charter Section 8.04.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember , who
moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Ord. No. 96-
Page 3
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
, and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this day of October, 1996.
PASSED AND ADOPTED on second reading this day of October, 1996.
Al-rEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
CITY OF AVENTURA
OFFICE OFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
October 10, 1996
Proposed Newsrack Regulation Ordinance
Ist Reading October 2, 1996 City Council Agenda Item 7-1
2nd Reading October 16, 1996 City Council Agenda Item '/~ b
Recommendation
Based on the concerns expressed by Councilmembers regarding the uncontrolled
placement of newsracks in the City, it is recommended that the City Council adopt the
attached Ordinance regulating newsracks. The attached updated Ordinance includes
the comments and revisions requested by Councilmember Beskin.
Background
The City Attorneys' Office and I have reviewed various ordinances regulating newsracks
adopted by other cities. As you are aware there are various constitutional issues
involved in establishing regulations regarding the placement of newsracks. Our goal
was to develop an ordinance that addresses safety issues and the unsightly placement
of newsracks throughout the City.
The following represents the major points of the Ordinance:
1. Requires all vendors to obtain a permit from the City, specifying the exact location of
each newsrack.
2. Requires all vendors to affix the permit number, name, address, and telephone
number to the newsrack.
3. Establishes specific standards for the maintenance and installation of newsracks.
4. Establishes the following criteria for the location, placement and number of
newsracks:
(a) No Newsrack shall be used or maintained which projects onto, into or over
any part of the roadway of any public street, or which rests, wholly or in part
upon, along or over any portion of the roadway of any public street.
(b) No Newsrack shall be chained, bolted, or otherwise attached to any fixture
located in the public right-of-way, except to other Newsracks.
(c) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feel along a cub,
and a space of not less than three (3) feet shall separate each group of
Newsracks.
(d) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked crosswalk.
(iii) Within five (5) feet of any fire hydrant, fire call box, police call box or
other emergency facility.
(iv) Within give (5) feet of any driveway.
(v) Within three (3) feet ahead or twenty-five (25) feet to the rear of any
sign marking a designated bus stop.
(vi) Within five (5) of the outer end of any bus bench.
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet.
(viii) Within three (3) feet of or on any public area improved with lawn,
flowers, shrubs, trees or other landscaping, or within three (3) feet of
any display window of any building abutting the sidewalk or parkway or
in such a manner as to impede or interfere with the reasonable use of
such window for display purposes.
(ix) Within one hundred (100) feet of any other Newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
(x) On any access ramp for disabled persons.
(e) No more than eight (8) Newsracks shall be located on any public right-of-way
within a space of two hundred (200) feet in any direction within the same
block of the same street; provided, however, that no more than sixteen (16)
Newsracks shall be allowed on any one block.
5. The following criteria shall be utilized to determine the priority of the placement of
the newsracks:
(a) As between newspapers included within any single category of priority above,
the City Manager shall also be guided by the following criteria of priorities
whenever more than eight (8) newsracks are proposed for any one location
(two hundred [200] foot space) or more than sixteen (16) Newsracks are
proposed for any one block:
(i) First priority shall be daily publications (published five [5] or more days
per week).
(ii) Second priority shall be publications published two (2) to four (4) days
per week.
(iii) Third priority shall be publications published one (1) day per week.
Staff is in the process of reviewing all existing locations in the City to determine the
number and location of newsracks that would not be in compliance with the proposed
Ordinance.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0104-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way
presents an inconvenience and danger to the safety and welfare of persons using such
rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings,
and persons performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way
has resulted in concerns by the public and City officials with regard to the safety,
convenience and aesthetics thereof; and
WHEREAS, the City Council finds that there is a need to regulate and establish
procedures regarding installation, placement and maintenance of Newsracks within the
City; and
WHEREAS, the City Council finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety, cccthc'Jcc and welfare of the citizens
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose and Scope.
The purpose of this Ordinance is to promote the public health, safety and welfare
through the regulation of placement, type, appearance and servicing of Newsracks on
public rights-of-way so as to:
A. Provide for pedestrian and driving safety and convenience.
B. Restrict unreasonable interference with the flow of pedestrian or vehicular
traffic including ingress into or egress from any residence or place of business,
or from the street to the sidewalk by persons exiting or entering parked or
standing vehicles.
C. Provide reasonable access for the use and maintenance of poles, posts, traffic
signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
D. Relocate and/or replace Newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably
detract from the aesthetics of store window displays, adjacent landscaping or
other improvements, as well as to have abandoned Newsracks removed.
E. Maintain and protect the values of surrounding properties and prevent damage
to grass !~i~i~ right-of-way areas.
F. Reduce unnecessary exposure of the public to personal injury or property
damage.
G. Maintain and preserve freedom of the press.
Section 2. Definitions.
As used in this ordinance, unless the context otherwise clearly indicates:
A. Block means on (1) side of a street between two (2) consecutive interacting
streets.
B. Distributor means the person responsible for placing and maintaining a
newsrack in a public right-of-way.
C. Newsrack means any self-service or coin-operated box, container, storage unit
or other dispenser installed, used, or maintained for the display and sale of
newspapers or other news periodicals.
D. Parkway means the area between the sidewalk and the curb of any street, and
where there is no sidewalk ~, the area between the edge of the roadway
and the ~ property line adjacent thereto. Parkway shall also include any
area within a roadway that is not open to vehicular travel.
E. Person means any person or persons, or entity including, but not limited to, a
corporation.
F. City Manager refers to the City Manager of the City of Aventura or the designee
of the City Manager.
G. Roadway means that portion of a street improved, designed, or ordinarily used
for vehicular travel.
H. Sidewalk means any surface provided for the exclusive use of pedestrians.
I. Street means all the area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Section 3. Newsracks Prohibited.
A. No person shall install, use, or maintain any Newsrack which projects onto,
into, or which rests, wholly or in part, upon the roadway of any public street.
B. No person shall install, use, or maintain any Newsrack which in whole or in part
rests upon, in or over any public sidewalk, ~'~ or parkway:
(1) when such installation, use, or maintenance endangers the safety of
persons or property;
(2) when such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
(3) when such Newsrack unreasonably interferes with or impedes the flow
of pedestrian or vehicular traffic, including parked or stopped vehicles;
the ingress in or egress from any residence or place of business; the
use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other
objects permitted at or near said location;
(4) when such Newsrack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
(5) in any manner inconsistent with or in violation of the provisions of this
Ordinance.
Section 4. Permit Required.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or
operate, on any public street or sidewalk, or in any other public way or place in the City
any Newsrack without first having obtained a permit from the City Manager specifying the
exact location of such Newsrack. One permit may be issued to include any number of
Newsracks, and shall be signed by the applicant.
Section 5. Application for Permit.
A. Application for such permit shall be made, in writing, to the City Manager upon
such form as shall be provided by him, and shall contain the name, address,
and phone number of the applicant, the proposed specific location of said
Newsrack, and shall be signed by the applicant.
B. From the above application information, the City Manager shall approve the
locations. He shall be guided therein solely by the standards and criteria set
forth in this Ordinance. In any case where the City Manager disapproves of a
particular location, such disapproval shall be without prejudice to the applicant
designating a different location or locations.
Section 6. Conditions for Permit.
Permits shall be issued for the installation of a Newsrack or Newsracks without
prior inspection of the location, but such Newsrack or Newsracks and the installation, use
or maintenance thereof shall be conditioned upon observance of the provisions of this
Ordinance. Permits shall be issued within five (5) days (excluding Saturdays, Sunday
and legal holidays) after the application has been filed. An annual permit fee of $25.00
shall be required for each newspaper publisher plus $10.00 per Newsrack. The above
fees will be used to defray administrative expenses with relation to this Ordinance.
Section 7. Hold Harmless.
Every owner of a Newsrack who places or maintains a Newsrack on a public
sidewalk or parkway in the City of Aventura shall file a written statement with the City
Manager in a form satisfactory to the City Attorney, whereby such owner agrees to
indemnify and hold harmless the City, its officers, and employees, from any loss, liability,
or damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use and/or maintenance
of a Newsrack within the City. This paragraph shall only be applicable to the same extent
required by City for other public right-of-way permittees.
Section 8. Newsrack Identification Required.
Every person who places or maintains a Newsrack on the streets of the City of
Aventura shall have his permit number, name, address, and telephone number affixed to
the Newsrack in a place where such information may be easily seen. Prior to the
designation of location by the City under Section 9 herein, the Distributor shall present
evidence of compliance with this Section.
Section 9. Location, Placement and Number of Newsracks.
A. Any Newsrack which rests in whole or in part upon, or on any portion of a
public right-of-way or which projects onto, into, or over any part of a public
right-of-way shall be located in accordance with the following provisions of this
Section:
(1) No Newsrack shall be used or maintained which projects onto, into or
over any part of the roadway of any public street, or which rests, wholly
or in part upon, along or over any portion of the roadway of any public
street.
(2) No Newsrack shall be chained, bolted, or otherwise attached to any
fixture located in the public right-of-way, except to other Newsracks.
(3) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feet along
a curb, and a space of not less than three (3) feet shall separate each
group of Newsracks.
(4) No Newsrack shall be placed, installed, used or maintained:
(i) W~thin five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked
crosswalk.
(iii) Within ten (10) feet of any fire hydrant, fire call box, police call
box or other emergency facility.
(iv) Within ten (10) feet of any driveway.
(v) Within three (3) feet ahead or twenty-five (25) feet to the rear of
any sign marking a designated bus stop.
'7
(vi) Within five (5) feet of the outer end of any bus bench.
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet.
(viii) Within three (3) feet of or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping, or within three
(3) feet of any display window of any building abutting the
sidewalk or parkway or in such a manner as to impede or
interfere with the reasonable use of such window for display
purposes.
(ix) Within one hundred (100) feet of any other Newsrack on the
same side of the street in the same block containing the same
issue or edition of the same publication.
(x) On any access ramp for disabled persons.
(5) No more than eight (8) Newsracks shall be located on any public right-
of-way within a space of two hundred (200) feet in any direction within
the same block of the same street; provided, however, that no more
than sixteen (16) Newsracks shall be allowed on any one block.
B. As between newspapers included within any single category of priority above,
the City Manager shall also be guided by the following criteria of priorities
whenever more than eight (8) newsracks are proposed for any one location
(two-hundred [200] foot space) or more than sixteen (16) Newsracks are
proposed for any one block:
(1) First priority shall be daily publications (published five [5] or more days
per week).
(2) Second priority shall be publications published two (2) to four (4) days
per week.
(3) Third priority shall be publications published one (1) day per week.
(4) Fourth priority shall be publications published less than one (1) day per
week.
Section 10. Standards for Maintenance and Installation.
Any Newsrack which in whole or in part rests upon, in or over any public sidewalk
or parkway, shall comply with the following standards:
A. No Newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or
two (2) feet in thickness.
B. No Newsrack shall be used for advertising signs or publicity purposes other
than that dealing with the display, sale, or purchase of the newspaper or news
periodical sold therein.
C. Each coin-operated Newsrack shall be equipped with a coin-return mechanism
to permit a person using the machine to secure an immediate refund in the
event the person is unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
D. Each Newsrack shall have affixed to it in a readily visible place so as to be
seen by anyone using the Newsrack, a notice setting forth the name and
address of the distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in the event of a
malfunction, or to secure a refund in the event of a malfunction of the coin-
return mechanism or to give the notices provided for in this Ordinance.
E. Each Newsrack shall be maintained by the Distributor in a neat and clean
condition and in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each Newsrack shall be serviced and maintained so
that:
(1) It is reasonably free of dirt and grease;
(2) It is reasonably free of chipped, faded, peeling and cracked paint in the
visible painted areas thereof.
(3) It is reasonably free of rust and corrosion in the visible unpainted metal
areas thereon;
(4) The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration;
(5) The paper or cardboard parts or inserts thereof are reasonably free of
tears, peeling or fading; and
(6) The structural parts thereof are not broken or unduly misshapen.
Section 11. Violations.
Upon determination by the City Manager that a Newsrack has been installed, used
or maintained in violation of the provisions of this Ordinance, an order to correct the
offending condition shall be issued to the Distributor of the Newsrack. Such order shall
l0
be telephoned to the Distributor and confirmed by mailing a copy of the order by certified
mail return receipt requested. The order shall specifically describe the offending
condition, suggest actions necessary to correct the condition, and inform the Newsrack
Distributor of the right to appeal. Failure to properly correct the offending condition within
five (5) days (excluding Saturdays, Sundays, and legal holidays) after the mailing date of
the order or to appeal the order within three (3) days after its receipt shall result in the
offending Newsrack being summarily removed and processed as unclaimed property. If
the offending Newsrack is not properly identified as to owner under the provisions of
Section 8 hereof, it shall be removed immediately and processed as unclaimed property.
An impound fee, which shall be measured by the City's cost and expense of impounding,
shall be assessed against each Newsrack summarily removed. The City Manger shall
cause inspection to be made of the corrected condition or of a Newsrack reinstalled after
removal under this Section. The distributor of said Newsrack shall be charged a $10.00
inspection fee for each Newsrack so inspected. This charge shall be in addition to all
other fees and charges required under this Ordinance.
Section 12. Appeals.
Any person or entity aggrieved by a finding, determination, notice, order or action
taken under the provisions of this Ordinance may appeal and shall be apprised of his right
to appeal to the City's Special Master established pursuant to Ordinance No. 96-14. An
appeal must be perfected within ten (10) days after receipt of notice of any protested
decision or action by filing with the City Manger a letter of appeal briefly stating therein the
basis for such appeal. Prompt judicial review of the Special Master's decision shall be
provided pursuant to Sec. 15 of Ordinance No. 96-14.
Section 13. Abandonment.
In the event that a Newsrack remains empty for a period of thirty (30) continuous
days, the same shall be deemed abandoned, and may be treated in the manner as
provided in Section 11 for Newsracks in violation of the provisions of this Ordinance.
Section 14. Severability.
The provisions of this Ordinance are declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 15. Conflicts.
All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions
in conflict herewith are repealed to the extent of such conflict.
Section 16. Effective Date.
This Ordinance shall be effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember , who moved
its adoption on first reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
12
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember __, who moved its
adoption on second reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this day of
PASSED AND ADOPTED on second reading this __ day of
, 1996.
,1996.
AFrEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGALSUFFICIENCY:
CITY A'I-FORNEY
EMS~ms
13
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
City Council~'/~,~' 1-~
Eric M. Soroka, City Manag~.' ~
October 11, 1996
SUBJECT: Ordinance Granting Non-Exclusive Franchise to BellSouth
Telecommunications, Inc.
Reading September 4, 1996
Reading October 16, 1996
City Council Agenda Item 6C
City Council Agenda Item
The attached ordinance has been amended subsequent to the Council meeting on
October 2, 1996. City Attorney David Wolpin advises that, at the request of BellSouth,
further changes may be made prior to the Council meeting and in that event we will
provide you with a copy thereof.
EMS/tms
attachment
CC0130-96
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council t~n~r
Eric M. Soroka, Ci
September 24, 1996 "~
Ordinance Granting Non-Exclusive
Telecommunications, Inc.
Franchise to BellSouth
Ist Reading September 4, 1996 City Council Agenda Item 6C
2nd Reading September 17, 1996 City Council Agenda Item r 7B (continued)
2"d Reading October 2, 1996 City Council Agenda Item ~' E
Recommendation
It is recommended that the City Council adopt the attached Ordinance which grants a
non-exclusive franchise to BellSouth Telecommunications, Inc. for telephone services.
Since the last Council meeting, the City Attorney and I met with the representatives
from BellSouth. We have agreed to make several revisions to address concerns raised
by BellSouth. Attached is a "redlined" version of the original Ordinance which indicates
the revisions.
Backqround
As previously reported to the City Council, in the Revenue Source Availability and
Projections, the City is permitted to award franchises for telephone services utilizing the
City's rights-of-way. The attached Ordinance accomplishes the following:
1. Sets forth the applicable procedures and requirements for telephone service
franchises.
2. Grants a non-exclusive franchise to BellSouth Telecommunications, Inc.
3. Establishes the franchise fees and payment requirements in accordance with
state statutes.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0070-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS
OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of Telephone Services to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public authority
over right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises
is the best means of assuring that the interests of the City of Aventura are promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Grant of Franchise. Permission is hereby granted to BellSouth
Telecommunications, Inc, its successors and assigns (the "Company") to construct,
maintain and operate lines of telephone equipment, including the necessary conduits,
poles, cables, electrical conductors, fiber optics and digital technology fixtures upon,
along, under and over the public roads, streets, and rights-of-way of the City of Aventura,
Florida as its telephone and telegraph business may from time to time require.
Section 2. Term and Limits of Franchise. This non-exclusive franchise is
granted for a period of fifteen (15) years and covers the following geographical area: The
corporate limits of the City of Aventura as set forth in the Charter of the City of Aventura,
as amended from time to time. Company agrees that the limits of the franchise are
subject to expansion or reduction by annexation and contraction of municipal boundaries
and that the Company has no vested right in a specific area. The City shall notify the
Company of any annexation or contraction of municipal boundaries and provide the
Company a map of the new boundaries in a timely manner. The Company shall take
prompt action to implement computations and corresponding payments for annexation or
contraction and notify City of effective date of same.
Section 3. Franchise Fee; Payments. In consideration of the rights, privileges
and franchises herein granted, and to defray the cost of regulating the Company's
activities under this franchise, the Company shall pay to the City annually a sum equal to
one percent (1%) of the gross receipts of the Company on recurring local service
revenues for services provided within the corporate limits of the City. Taxes, fees and
other impositions of the City paid by Company, (except ad valorem taxes and amounts for
assessments for special benefits such as sidewalks, street paving, and similar
improvements, and occupational license taxes levied or imposed by City upon Company)
will be credited to the franchise fee. In the event that applicable law permits the City to
collect a franchise fee higher than 1%, or permits the City to calculate the franchise fee on
revenues not specified herein, the Company agrees to automatically increase its
franchise fee payments to the City to that higher amount as of the effective date of such
2
law, provided, however, that such increase in franchise fee payments shall not be
effective unless Company implements such increase for any other Florida municipality.
The annual payment shall be made to the City for each year that the permission granted
herein is in effect and shall be made to the City in four installments. The first, second and
third installments of the annual payment shall be based upon the gross receipts for the
first, second and third quarters, respectively, of the fiscal year and shall be made no later
than sixty (60) days following the end of these periods. The fourth installment of the
annual payment shall be made no later than sixty (60) days following the end of such
fiscal year, and shall be based upon such gross receipts for the fiscal year but shall be
adjusted to reflect payment of the first three installments. For purposes of this payment,
such fiscal year shall end on September 30. The first such payment shall be based upon
receipts for the quarter of October, November and December 1996, and shall be made on
or before January 31, 1997. Payments shall be payable to the City of Aventura, Attention:
Finance Support Services Department, during regular business hours of the City.
Section 4. Review of billing records. If the City wishes to verify the payments to
the City under this Ordinance, the Company shall permit the City or a designated
representative of the City, upon reasonable advance written notice, to review the
Company's billing and payment records, upon which the payments were based, during
normal business hours at the location of the Company where such records are
maintained. However, no Company records may be taken from the Company's premises,
and the City shall maintain the confidentiality of the information disclosed in these
records and use the information solely for the purposes of verifying payments by the
3
Company. Such Company records shall be maintained by the Company for the period
prescribed by the Federal Communications Commission and/or the Florida Public Service
Commission.
Section 5. Transferability. If the rights granted herein to the Company are
transferred or assigned by the Company to any third party incident to a sale or other
transfer of the Company's system or plant, the transferee or assignee shall be obligated
to comply with all of the terms and conditions of this Ordinance.
,.,',~...,..,.,;..,,,, ~. .... ~.~,4 .... of *~'" provlc!cr, c + .... cr ..... ; .... ,,,o 0'¢ ~hi¢
Section 6. Forfeiture. Failure on the part of the Company to comply in any
substantial respect with any of the material provisions of this a.qreement shall be grounds
for a forfeiture of the permission .qranted herein, but no such forfeiture shall take effect if
the reasonableness or propdeb/thereof is protested by the Company, until a court of
4
competent iurisdiction (with riqht of appeal in either party) shall have found that the
Company failed to comply in a substantial respect with any of the material provisions of
this Ordinance. The Company shall have six (6) months after the final determination of
the question to make .qood the default, before a forfeiture shall result, with the right in the
City at its discretion to grant such additional time to the Company for compliance.
Section 7. Hold Harmless. The Company shall indemnify the City against and
assume all liabilities for damages which may arise or accrue to the City for any injury to
persons or damage to property from the doing of any work herein authorized, or the
neglect of the Company or any of its employees to comply with any ordinance regulating
the use of the streets of the City, and the acceptance by the Company of this Ordinance
shall be an agreement by it to pay to the City any sum of money for which the City may
become liable from or by any reason of such injury or damage, including reasonable
attorneys' fees incurred by City.
Section 8. gnder.qround Installation. -r~,, ~- ........ ~" ""~ ......tc ;"~+""
dctorm!r, od ct= r. ococccr; cr .......... The~-'~'~ Company shall install underground
extensions of telephone distribution lines in new residential subdivisions over five units or
new multiple occupancy buildings where all other utilities will also be installed
underground. Such installation shall be provided in accordance with and subiect to the
requirements of applicable statutes, and the Florida Public Service Commission Rules
and Regulations, including any requirements applicable to the applicant for such services,
such as the provision of necessary rights-of-way or easements.
5
Section 9, Excavation Maintenance and Restoration. The work under this
franchise shall be done subject to the supervision of the City. The Company shall replace
or properly relay and repair any sidewalk, street, lawn, landscaping or swale that may be
displaced by reason of such work. Whenever the Company shall cause any opening or
alteration to be made in any of the streets or public places within the franchise area for
the purpose of installing, maintaining, operating or repairing any equipment, such work
shall be completed at the Company's expense within a reasonable time and the Company
shall upon the completion of such work restore such portion of the streets or other public
places to substantially the same condition as it was before the opening or alteration was
so made and will promptly remove any debris. Upon failure of the Company to perform
said repair or restoration, after twenty (20) days' notice provided in writing by the City to
the Company, the City may repair such portions of the sidewalk, street, lawn, landscaping
or swale that may have been disturbed by the Company and collect the cost so incurred
from the Company. The City shall promptly provide to the Company all permits, licenses
and other authorizations reasonably necessary for the purpose of installing, maintaining,
operating and repairing the system and facilities.
Section 10. Proper Operation. The fittings, appliances and appurtenances of
Company shall be constructed in accordance with good engineering practices of the
industry and so as not to unreasonably interfere with the proper use and appearance of
the streets, avenues, alleys, ways, bridges, and public places in the franchise area and
shall be maintained by the Company in reasonably good condition and repair.
Section 11. Complaints. All complaints shall be addressed or resolved by the
Company in accordance with the Florida Public Service Commission rules and
regulations.
Section 12. Surrender of Rights. As a further consideration for the granting of
the rights, privileges and franchises granted hereby, the Company surrenders all rights,
privileges and franchises heretofore granted by Dade County in the franchise area for any
of the purposes stated in this Ordinance and now enjoyed by the Company in the
franchise area; provided, however, that such surrender shall not be effective unless and
until this Ordinance shall be finally adopted and in effect and the rights, privileges and
franchises granted hereby shall be validly in force and effect. In lieu of acceptance of this
provision, Company may certify to City that it disclaims such rights, privileges, and
franchises by, through, or under Dade County.
Section 13. Successors and Assigns. Whenever in this Ordinance either the
City or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations
herein conferred shall bind and inure to the benefit of such successor, successors or
assigns of the City or the Company.
Section 14. City's Right to Regulate Use of Streets not Abro,qated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights.
7
Section 15. Written Acceptance by the Company. The Company shall, within
forty-five (45) days after this Ordinance takes effect, file a written acceptance of the
Ordinance with the City Manager.
Section 16. Reservation of Right~. The City hereby reserves any and all rights
not otherwise expressly prohibited by applicable law to exercise its authority to establish
terms and conditions including, but not limited to, fees and taxes, with respect to
Company construction, maintenance, operation or provision of any telecommunications
equipment, facilities or services within the City.
Section '17 Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 18.. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
8
Vice Mayor Patricia Rogers-Libert
Mayor Arthur L Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
, and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of September, 1996.
PASSED AND ADOPTED on second reading this
day of September, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
PUBLIC NOTICE OF
PROPOSED ORDINANCES
CITY OF AVENTURA 10/16/96
RE: ORD. OF THE CITY OF
AVENTURA, FL., AMENDING
ORD. NO. 96-10, ETC.
in the ....mm............X"XXXXXX................. ............. Court,
was published in said newspaper in the issues of
Oct 4, 1996
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
neither paid nor promised any p ,lor corporation
any disc t, rebate, commi r refun for the purpose
of sec In this adverti r publi ation in the said
new ap
Sworn to and subscribed before me this
4
96
A,D.19
(SEAL) Pu OfFICIAL NOTA Y SEAL
. '?(/ JANETT llERt:NA
Octelma V. Ferbey ~p~' '.."k~wnw-.ss.ON hUMBE"
,*"1 ". ,.
~ )f ! :'''.;". ~ CC56600"
"-"" "'~,m~ 0 ~
(' t"\ ." O~ MY COMMISSON EX~AES
"F F\.. JUNE 23,2000
--.---.~-_..__....~-_._.... .
--_. --'~',..-r-' .--.---.----
PUBLIC NOTICE OF PROPOSED
ORDINANCES
OF THE CITY OF A VENTURA
NOTICE IS HEREBY GIVEN Ihal on Wednesday, the 16th day of
Oc\ober, 1991l, ot 0 mee\ins ollho City Council 01 \~. City 01 ~v.n\Ula,
to be held al 7:00 p.m. in the Council Meeting Room al the Columbia
Aventura Hospital and Medical Center, 21110 Biscayne Boulevard,
Suite 101, Aventura, Florida, the City Council will consider the adop.
tion ollhe fQ4lowing Ordinances on second reading, entitled:
AN OROINANCE Of'THE CITY OF AVENTURA, FLORIDA,
AMENDING ORDINANCE NO. 96-10, WHICH DID CREATE
THE CITY OF AVENTURA BEAUTIFICATION, RECREA-
TION AND CULTURAL ARTS ADVISORY BOARD, TO
DELETE THE BEAUTIFICATION RESPONSIBILITIES OF
THE BOARD; PROVIDING FOR SEVERABIUTY; AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTUAA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA BEAUTIFICATION ADVISORY BOARD: PRO-
VIDING FOR CREATION; COMPOSITION AND QUALlFICA.
TIONS: TERM OF OFFICE; ADVISORY CAPACITY; RULES
OF -PROCEDURE; JURISDICTION; PROVIDING FOR SEV-
ERABILITY; AND PROVIDING AN EFFECTIVE DATE.
, AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW;
REPLACING METROPOLITAN DADE COUNTY FEE SCHE.
DUlE; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGUlATIONS; PROVIDING FOR
THE PURPOSE AND SCOPE OF THE NEWSRACK ORDIN-
ANCE; PROVIDING FOR DEFINITIONS; PROHIBITING
NEWSRACKS IN CERTAIN LOCATIONS AND UNDER CER-
TAIN CONDITIONS; REQUIRING A PERMIT TO MAINTAIN
OR OPERATE A NEWSRACK; PROVIDING FOR AN
APPLICATION FOA A NEWSRACK PERMIT AND PROVID-
ING CONDITIONS FOR ISSUANCE OF A NEWSRACK PER-
MIT: PROVIDING FOR A HOLD HARMLESS AGREEMENT
WITH THE CITY OF AVENTURA; REQUIRING NEWSAACK
IDENTIFICATION; REGULATING THE LOCATION, PlACE..
MENT AND NUMBER OF NEWSAACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSAACKS:
PROVIDING FOR THE DETERMINATION OF VIOlA nONS;
PROVIDING FOR APPEALS: DETERMINING NEWSRACK
ABANDONMENT: PROVIDING FOR SEVERABILITY; PRO.
VIDING THAT ALL ORDINANCES OR PARTS OF ORDI-
NANCES AND ALL RESOLUTIONS OR PARTS OF RESO-
LUTIONS IN CONFLICT HEREW!TH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTUAA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON.EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH TELECOMMUNI-
CATIONS, INC. TO USE THE PUBLIC RIGHTS-oF.WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF
ERECTING, CONSTRUCTING, MAINTAINING AND OPER-
ATING LINES OF TELEPHONE EQUIPMENT THEREON
AND THEREUNDER; PROVIDING FOR A FRANCHISE FEE;
PROVIDING THE TERMS AND CONDITIONS OF SUCH
GRANT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
The proposed Ordinances may be inspected by the publiC at the Of-
fice ollhe City Clerk, 2999 N.E. 191st Street, Suite SOD, Aventura,
Florida. Interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinances.
Any person wishing 10 address the City Council on an item at this
Public Hearing is asked to register with the City Clerk prior to that ilem
being heard. Prior 10 making a statement, lor the record, please state
your name and address.
In accordance with the Americans with Disabilities Act 011990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because 01 that disability should contact
the Office of the City Clerk, 466-8901, not later than two business days
prior to such proceedings.
If a person decides to appeal any decision made by the City Council,
with respecl to any matter considered at a meeting or hearing, that
person will need a record 01 the proceedings and, for such purpose,
may need to 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 supersedes any and all prior notices.
Dated this 3rd day 01 October, 1996
~