12-03-1996 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
DECEMBER 3, 1996 7 P.M.
CITY COUNCIL
Arthur I. Snyder, Mayor
Arthur Berger, Vice Mayor
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey M. Perlow, Councilmember
Patricia Rogers-Libert, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
CITY OF AVENTURA
The City of Excellence
City Council
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
COUNCIL MEETING
DECEMBER 3, 1996 - 7 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES:
MOTION TO APPROVE MINUTES OF:
COUNCIL WORKSHOP NOVEMBER 18, 1996
COUNCIL MEETING NOVEMBER 19, 1996
4. AGENDA:
REQUESTFOR DELETIONS/EMERGENCY
ADDITIONS
5. SPECIAL PRESENTATIONS: NONE
6. CONSENT AGENDA:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, URGING THE GOVERNOR OF
THE STATE OF FLORIDA, THE FLORIDA LEGISLATIVE
DELEGATION, THE MEMBERS OF THE FLORIDA
TELECOMMUNICATIONS TAXATION TASK FORCE AND
THE FLORIDA LEAGUE OF CITIES TO PROTECT THE
TRADITIONAL REVENUES THAT ARE ASSOCIATED
WITH LOCAL CONTROL WITHIN THE
DECEMBER 3, 1996
TELECOMMUNICATIONS INDUSTRY AND PROVIDING
AN EFFECTIVE DATE.
(Opposes the Governor's Telecommunications Task Force
proposal to limit the City's revenues and authority over
telecommunications franchises)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 96-11-25-2,
MEDIANS/RIGHT-OF-WAY MAINTENANCE, TO LUKES'
LANDSCAPING, INC., AT THE BID PRICE OF $220,000;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for median/right-of-way maintenance to Iow
bidder, Lukes' Landscaping, Inc.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AWARDING THE $10,000,000
SHORT-TERM BANK LOAN/LINE OF CREDIT REQUEST
FOR PROPOSALS TO BARNETT BANK, N.A. IN
ACCORDANCE WITH THE ATTACHED PROPOSAL;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
SPECIFIC TERMS OF THE ASSOCIATED CONTRACTS
AND DOCUMENTS SUBJECT TO FURTHER CITY
COUNCIL APPROVAL; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION;; AND PROVIDING FOR AN EFFECTIVE
(Awards RFP for short-term loan/line of credit at the interest
rate of 4.58% for a maximum of 3 years)
MOTION TO ADOPT POLICY ACTION RELATIVE TO
MEDIAN LANDSCAPE AND BEAUTIFICATION
CONCEPTS AS PRESENTED BY WILLIAM O'LEARY,
CITY LANDSCAPE ARCHITECT, AND CONTAINED IN
THE CITY MANAGER'S MEMORANDUM DATED
NOVEMBER 25, 1996
2
DECEMBER 3, 1996
(Adopts median landscape and beautification program
concepts)
MOTION TO ADOPT THE CITY MANAGER'S
RECOMMENDATION TO ESTABLISH THE PROCESS TO
PREPARE THE CITY'S COMPREHENSIVE PLAN AS
CONTAINED IN THE MEMORANDUM DATED
NOVEMBER 25, 1996
(Adopts process to prepare Comprehensive Plan)
7. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF
OBLIGATIONS OF THE CITY TO FINANCE, ON AN
INTERIM BASIS, (A) THE ACQUISITION OF CERTAIN
REAL PROPERTY IN THE CITY TO BE USED FOR
PUBLIC PARKS AND RECREATION, A CITY
GOVERNMENT CENTER AND POLICE STATION AND (B)
THE DESIGN, CONSTRUCTION, EQUIPPING AND
INSTALLATION OF PUBLIC FACILITIES AND
IMPROVEMENTS ON SUCH REAL PROPERTY;
PLEDGING THE PROCEEDS RECEIVED BY THE CITY
FROM THE LEVY OF ITS UTILITY TAX ON UTILITY
SERVICES PROVIDED IN THE CITY TO SECURE
PAYMENT OF THE OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM FUNDS TO PAY THE
PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND
INTEREST ON THE OBLIGATIONS IN THE EVENT THE
PROCEEDS OF SUCH UTILITY TAX ARE INSUFFICIENT
TO PAY THE DEBT SERVICE ON THE OBLIGATIONS,
WHEN DUE; PROVIDING FOR SEVERABILITY 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
3
DECEMBER 3, 1996
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.
RESOLUTIONS: NONE
OTHER BUSINESS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA DIRECTING AND
AUTHORIZING THE CITY MANAGER TO TAKE THE
NECESSARY ACTION TO PROVIDE FOR THE
TELEVISING OF REGULAR CITY COUNCIL MEETINGS
BY THE VARIOUS CABLE COMPANIES SERVICING THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
(Councilmember Beskin)
10.
REPORTS:
· MAYORAND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
4
DECEMBER 3, 1996
11. PUBLIC COMMENTS
12. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
TUESDAY, DECEMBER 17, 1996 7 PM COUNCIL MEETING
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 pdor 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.
5
COUNCIL WORKSHOP MEETING
NOVEMBER 18, 1996 - 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur I. Snyder at 9 a.m. Present were
Councilmembers, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Pedow,
Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Arthur I. Snyder, City Manager
Eric M. Soroka, City Attorney Richard Jay Weiss and City Clerk Teresa M. Smith. The
following items were discussed:
1. Request of Friends of the Miami-Dade Public Library, Inc. Mary Summerville,
Director of the Miami Dade Public Library System, spoke relative to a request to the
City for a donation for the Northeast Dade branch of the Library. Consensus of
Council to provide an in-kind grant, through an Interlocal Agreement with Dade
County, for landscaping, maintenance and signs. City Manager directed to proceed
and bring back to Council for approval.
2. Review of $10,000,000 Bank Loan/Line of Credit. John Stokes, representative of
Nabors, Giblin & Nickerson, P.A., explained the process to authorize the issuance of
$10,000,000 debt obligation. Michael Abrams, representative of City's financial
advisor in attendance. Council accepted feasibility report from City Manager and
Director of Finance Support Services regarding availability of revenue to support
debt payments. Consensus to proceed.
3. Review of Median Landscape Concepts. Presentation by City Landscape
Architect William O'Leary. Plans include landscape, lighting and sign
improvements. Consensus of Council to proceed with plans for landscaping of
Aventura Boulevard, medians at north entrance to the City, expedite plans for
landscaping around railroad tracks in the south end of the City and discuss with
adjacent property owners possible contribution for landscaping on 190th Street. As
part of a 5-year plan, include Williams Island Boulevard and 213th Street.
4. Hanging Flower Baskets.
Architect.
Proposal not recommended by City's Landscape
5. Solid Waste Survey. City Manager provided results of survey. Consensus of
Council not to take action at this time. This matter to be addressed in the summer of
1997 prior to termination of the solid waste franchise fee ordinance.
Comprehensive Plan/Economic Development. City Manager provided a
recommendation for process to prepare Comprehensive Plan which was accepted
and agreed to by Council. As a part of this process, discussion ensued as to the
possibility of restructuring the Planning and Zoning Board prior to second reading of
the ordinance establishing the Board. No action taken.
7. Recreation/Cultural Programs Update. Robert Sherman, Community Services
Director provided an update on future activities. Discussion as to planning and
scheduling of future City activities, in coordination with various condominium
associations. Consensus that Council approval be given to any future activities
prior to in-depth staff or individual Councilmember involvement.
8. Government Structure & Boards/Committees. City Manager prepared and
presented to Council organization chart and review of local government structure,
including duties of Councilmember, relationship of City Council to City Boards, and
Advisory Committee guidelines. Charter review, powers of Mayor and term of Vice
Mayor were discussed. Council to submit suggested Charter revisions to City
Manager by November 27, 1996 for his review and that of the City Attorney and
addressed at the next earliest workshop when all Councilmembers in attendance.
9. Biscayne Boulevard Petition (Vice Mayor Berger). Vice Mayor Berger presented
petitions by residents regarding safety on Biscayne Boulevard. City Manager to
direct concerns to Florida Department of Transportation.
10. Other Business/Reports/Proclamations/Correspondence. City Attorney
reported on his research to date relative to eminent domain. Directed to proceed
further. Proclamation requests deferred to Council meeting of November 19, 1996.
Councilmember Cohen requested a Resolution be prepared relative to the
Telecommunications Act.
There being no further discussion, the meeting adjourned.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
2
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, NOVEMBER 19, 1996 - 6 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 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, Mayor Arthur I. Snyder, City Manager Eric M.
Soroka, City Attorney Richard Jay Weiss and City Clerk Teresa M. Smith. As a
quorum was determined to be present, the meeting commenced.
PLEDGE OF ALLEGIANCE: Sharon Perlow led the pledge of allegiance.
ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Hearing Number 96-10-ACC-2 (96-281). The applicant, Chabad House of North
Dade, Inc., requested: (1) modification of Resolution 5-ZAB-470-95 to allow for
submittal of a revised plan showing the expansion of the previously-approved
religious facility; (2) special exception to permit the expansion of the previously
approved religious facility onto adjacent property; (3) non-use variance of building
height requirements to permit the proposed religious facility with a building height of
36' (35' maximum permitted); (4) non-use variance of lot area and lot frontage
requirements to permit the proposed religious facility on a parcel of land with an
area of 1.14 acres (2.5 acres minimum required) (.52 acre previously approved)
and a lot frontage of 80.85' (150' minimum required); (5) non-use variance of
parking regulations to permit parking areas within 25' of the official right-of-way of
NE 30th Avenue (not permitted); (6) non-use variance of parking requirements to
permit a total of 66 parking spaces (82 required); (7) non-use variance of setback
requirements to permit the proposed religious facility to setback 1' (50' required)
from the interior side (north) property line and setback varying from 5' to 5'2" (25'
required) from the side street (south) property line (NE 210 street); and (8) non-use
variance of zoning regulations requiring a half section line right-of-way to be 70'; to
waive same to permit 30' (35' required) along the west side of NE 30 Avenue of
the subject property. Mayor Snyder opened the public hearing. Stanley Price,
Esq., 701 Brickell Avenue, representative of the applicant; Moises Gorin, N. Dixie
Highway; Jaye Epstein, Community Development Director; Mark Ginsburg,
Menorah Chapels; Rabbi Miler, Chabad House and Menorah Chapel; Roy Cohn,
19355 Turnberry Way; and Rabbi Brusowankin, addressed Council. There being
no further speakers and upon completion of all presentations in accordance with
Ordinance No. 96-09, the public hearing was closed. The applicant requested the
withdrawal of request #6. A motion to grant the applicant's request to withdraw
request #6 was made by Councilmember Beskin, seconded by Councilmember
Cohen and unanimously passed (6-0). A motion to approve the request, as
modified, subject to conditions as set forth by City and County staff and approved
by Council was offered by Councilmember Perlow, seconded by Councilmember
Cohen and unanimously passed (6-0).
At this time, the meeting recessed for five minutes.
APPROVAL OF MINUTES: A motion was offered by Councilmember Perlow and
seconded by Councilmember Berger to approve the minutes of the November 4,
1996 Workshop Meeting and the November 5, 1996 Council meeting. The motion
passed unanimously.
AGENDA: Councilmember Perlow requested removal of Agenda Item 7.B. from
the Consent Agenda. Mayor Snyder requested removal of Agenda Item 7.C. from
the Consent Agenda.
SPECIAL PRESENTATIONS: NONE.
CONSENT AGENDA: Mr. Weiss read the title of Agenda Item 7.A. A motion to
approve the Consent Agenda was offered by Councilmember Beskin, seconded by
Councilmember Holzberg and unanimously passed. Thus, the following ordinance
was passed on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $10,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE,
ON AN INTERIM BASIS, (A) THE ACQUISITION OF
CERTAIN REAL PROPERTY IN THE CITY TO BE USED
FOR PUBLIC PARKS AND RECREATION, A CITY
GOVERNMENT CENTER AND POLICE STATION AND
(B) THE DESIGN, CONSTRUCTION, EQUIPPING AND
INSTALLATION OF PUBLIC FACILITIES AND
IMPROVEMENTS ON SUCH REAL PROPERTY;
PLEDGING THE PROCEEDS RECEIVED BY THE CITY
FROM THE LEVY OF ITS UTILITY TAX ON UTILITY
SERVICES PROVIDED IN THE CITY TO SECURE
PAYMENT OF THE OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO
PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF
ANY, AND INTEREST ON THE OBLIGATIONS IN THE
EVENT THE PROCEEDS OF SUCH UTILITY TAX ARE
INSUFFICIENT TO PAY THE DEBT SERVICE ON THE
OBLIGATIONS, WHEN DUE; PROVIDING FOR
SEVERABILITY AND AN
EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO TAKE
NECESSARY AND EXPEDIENT ACTION TO OBTAIN
FLORIDA POWER AND LIGHT FRANCHISE FEE
REVENUES FROM METROPOLITAN DADE COUNTY;
PROVIDING FOR AN EFFECTIVE DATE.
(Councilmember Rogers-Libert arrived during this discussion.) A motion to approve
this resolution was offered by Councilmember Perlow, seconded by
Councilmember Beskin, unanimously passed (7-0) and Resolution No. 96-56 was
adopted.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ESTABLISHING
PROCEDURES FOR THE ISSUANCE OF
PROCLAMATIONS; AND PROVIDING AN EFFECTIVE
DATE.
A motion was offered by Vice Mayor Berger and seconded by Councilmember
Holzberg to amend the resolution to provide that approval of Proclamations be
contingent on determination by Council that the subject is of major importance to
the community. The motion failed. A motion to approve the resolution was offered
by Councilmember Beskin and seconded by Councilmember Cohen. The motion
failed and no action was taken on this resolution.
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
DESIGNATING THE CITY COUNCIL AS THE LOCAL
PLANNING AGENCY FOR THE CITY OF AVENTURA;
PROVIDING FOR TRANSMITTAL; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public headng. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by
Councilmember Perlow, seconded by Councilmember Holzberg and unanimously
passed (7-0) by roll call vote. Thus, Ordinance No. 96-27 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A REQUIREMENT FOR ALL
BUILDING CONTRACTORS CONDUCTING BUSINESS
WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY
OF AVENTURA TO REGISTER WITH THE CITY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by
Councilmember Rogers-Libert, seconded by Councilmember Beskin, unanimously
passed by roll call vote (7-0) and Ordinance No 96-28 was enacted.
C. Mr. Weiss read the following ordinance by title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Snyder opened the public hearing and there being no speakers, the public
hearing was closed. A motion to amend the ordinance by increasing the Capital
Outlay Beautification Projects line item by $500,000 and decreasing the Capital
Reserve line item by a similar amount was offered by Councilmember Perlow,
seconded by Councilmember Beskin and unanimously passed. A motion to
4
approve the ordinance as amended was offered by Councilmember Beskin,
seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote
(7-0) and Ordinance No 96-29 was enacted.
D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE
FOR POLICE SERVICES; PROVIDING FOR
LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS;
PROVIDING FOR IMPACT FEES IN GENERAL;
PROVIDING FOR IMPACT FEE COMPUTATION
FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Leonard Brenner, 19355 NE 36th Court
and Roy Cohn addressed Council. There being no further speakers, the public
hearing was closed. A motion to approve the ordinance was offered by
Councilmember Rogers-Libert, seconded by Vice Mayor Berger and unanimously
passed by roll call vote (7-0). Thus, Ordinance No 96-30 was enacted.
9. RESOLUTIONS: NONE
10. OTHER BUSINESS: NONE
11. REPORTS: Mr. Soroka provided a summary of discussion at the Council
Workshop on November 18, 1998.
12. PUBLIC COMMENTS: The following individuals addressed Council: Harry Crook,
Commodore Plaza; Manny Grossman, 20335 West Country Club Drive; Chester
Epstein, Mystic Point; and Roy Cohn.
13. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting adjourned at 8:20
p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision made by the City Council 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 be based.
5
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council
Eric M. Soroka, City
November 22, 1996
Resolution Opposing Legislation To Limit The City's Revenues and
Authority Over Telecommunications Franchises
December 3, 1996
Recommendation
City Council Agenda Item ~ -/~'
It is recommended that the City Council adopt the attached Resolution urging the
appropriate officials to protect the traditional revenues that are associated with local
control within the telecommunications industry. The fiat tax proposal would simplify the
recordkeeping requirements of the providers of communication services. However, this
simplification would be at a cost; loss of local control, possible errors at the state level,
and a built-in bias against and a loss of revenues for newly-incorporated cities.
Background
On November 13, 1996, a report was copied to the City Council regarding the
Governor's Telecommunications Tax Task Force proposal. The Finance Support
Services Director has prepared the attached report which outlines the impact of the
proposal on the City of Aventura.
In summary, the report indicates that the City of Aventura would experience a $800,000
loss in revenues if the fiat tax proposal was adopted. In addition, the proposal would
limit the City's ability to control and determine compensation for the use of public rights-
of-way.
The City of Aventura should join with other cities to ensure that our interests are
protected and add this item to our Legislative Issues Program. Should you have any
questions, please feel free to contact me.
EMS/tms
attachment
CC0165-96
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
Eric M. Soroka, City ~a.~'.a~,
Harry M. Kilgore, Dire~t'o~ ~f~:inance Support
Services
November 20, 1996
Impact of Governor's Telecommunications Tax Task Force
Proposal on the City of Aventura
As you requested, I have reviewed the "Estimated Revenue Distributions by Locality
under a Hypothetical Unified Electronic Communications Tax." If a Flat Tax was
enacted and distributions made based on the information contained in these
documents, the City of Aventura would be adversely impacted.
The difference between Aventura's projected distribution based on these documents
and our total revenues based on current revenue methodology is approximately
$800,000. The calculation is as shown on Attachment I.
Considering that this tax proposal is supposed to be "revenue neutral" for all local
governments, how can Aventura actually lose revenue? The reason is that a portion of
the calculations are based on estimates of 1995/96 revenues for each local government
and Aventura's estimated revenues are significantly understated as will be discussed in
the following paragraphs.
The methodology used in the report to compute the estimated distribution to each local
government is to make a computation of the amount due each City based on the
population of that City and the sales tax collection of the County in which the City is
located. These two factors determine the percentage of the total flat tax revenues to be
allocated to each City. Based on this formula, Aventura's initial distribution share is
0.1110% of the total Statewide collections from the flat tax. This percentage is
multiplied by the total estimated collection Statewide of $404,834,706 to arrive at an
"Initial Calculation" amount for Aventura of $449,250. This initial calculation amount for
each City is then compared to a "Hold Harmless" amount which is computed by adding
the 1995/96 estimated revenues for each City of municipal utility tax, franchise fees on
telecommunications and franchise fees on CATV and half cent distribution and local
Page (2)
option sales tax. For Aventura, the report shows zeros as the estimated amounts for
utility taxes and franchise fees. This is apparently done because the City is new and
we had no franchise fees prior to October 1996 and Metro Dade was collecting utility
taxes attributable to the City. The same is true for Pinecrest and Deltona (the newly
created City in Volusia County).
Our "Hold Harmless" amount is therefore, only $85,349. The next step is to compare
the "Initial Calculation to the "Hold Harmless" amount and to reallocate so that every
local government receives at least the "Hold Harmless" amount. Since the revenues
used to compute the hold harmless amount for Aventura is significantly understated, we
end up receiving even less than the "Initial Calculation" amount instead of being
increased up to the hold harmless amount. Again, the same is true for Pinecrest and
Deltona. It is this error (or at least glitch) in the formula used in this report which
explains the significant impact on the City of Aventura and any other new City.
If this glitch were corrected to increase the hold harmless amount for the new Cities, the
City of Aventura would not be adversely affected unless the other data used in the
calculation is equally flawed. I did review a few of the estimated 1995/96 revenue
amounts for other Cities that I have financial reports for (i.e. - Coconut Creek, Key
Biscayne) to 1994/95 financial statements and the estimated amounts appear
reasonable for these established municipalities. I, therefore, have no reason to believe
that the hold harmless amounts are flawed for established Cities but certainly would
expect each City to check the calculations for themselves to make certain that a similar
"glitch" did not negatively impact them as an individual City should the flat tax be
enacted.
Another possible source of error in the report is the Statewide tax base used to
compute the "revenue neutral" tax rate. The accuracy of the report is completely
dependent upon the Statewide tax base of $12,084.6 million ($6,146.4 million for
municipality). This amount is not easily computed from the data in the report. Based
on the report, the primary components of the tax base for municipalities is the same as
our tax base for utility taxes and franchise fees today. I, therefore, doubt that a rate of
3.35% would generate the same amount of revenue as the 7% utility tax on
telecommunications plus 1% franchise on local telephone and 5% franchise fee on
cable. If this tax base were overstated, actual collections would be less than projected
resulting in distributions to all governments being less than the "revenue neutral"
amount. In order to recoup the revenue, the tax rate would need to be increased in the
future resulting in dissatisfaction from residents throughout the State.
Page (3)
The above analysis makes us attempt to deal with the overall philosophy of establishing
a flat tax collected by the State in lieu of existing revenue methodology. While the flat
tax would simplify the record keeping requirements of the providers of communication
services, this simplification would be at a cost loss of local control, possible errors at the
State level, and if not corrected, a built in bias against and a loss of revenues for the
newly created Cities.
Since the report is very lengthy, I have included copies of the pertinent pages relating to
Aventura (Attachments 2, 3 & 4) to assist you in following the flow of information in this
memorandum.
Please feel free to stop by my office with any questions on this matter.
HMK/mn
FLAT TAX
ATTACHMENT1
CITY OF AVENTURA
COMPARISON OF REVENUES UNDER CURRENT TAX METHODOLOGY TO FLAT TAX
ATTACHMENT TO MEMORANDUM
PROJECTED REVENUES PER 1996/97 ADOPTED BUDGET:
UTILITY TAXES - TELECOMMUNICATIONS
FRANCHISE FEE - TELEPHONE
FRANCHISE FEE - CATV
SUBTOTAL
LOSS OF STATE SHARED REVENUES PER
REPORT:
1~ CENT DISTRIBUTION
LOCAL OPTION SALES TAX
TOTAL
TOTAL LOSS OF REVENUES IF FLAT TAX
WERE ENACTED PURSUANT TO REPORT
DISTRIBUTION FROM FLAT TAX PER
REPORT
REVENUE LOSS ESTIMATED BASED ON
CURRENT TAX METHODOLOGY AND
FLAT TAX AND REPORT
$ 900,000.00
$ 65,000.00
$ 65,000.00
l $1,030,000.00
$ 34,582.00
$ 50,766.00
85,348.00
J $1 115,348.00
$ 314,410,00
L~ 800,938.00 J
Page 1
Distribution of Local Government
Electronic Communications Unified Tax
I~) (2) (3) (4) (5) (6) (7) (8)
Distribution
County/Municipality Share
Initial Hold
Calcu[a0on Harmless
Total
Hold
Harmless
Addition
Llghthouee Point 0.0843% 341,094 248,535 92,560 34,297
Marga/e 0.3823% 1,547,510 888,326 659,184 24.4,255
Miramar 0.3591% 1,463,669 1,081,971 371,698 137,730
North Lauderdale 0.2~32% 891,506 3.90,468 501,038 185,655
Oakland Park 0.2272% 919,590 ~o4,255 44,665
Parldand 0.0687% 277,923 26,497 251,425 93,164
Pembroke Park 0.0397% 160,744 129,336 31,409 11,638
Pembroke Pines 0.7071% 2,862,758 1,930,887 931,871 345,297
Pianta0on 0.6079% 2,480,881 2,234,96O 225,921 83,713
Pompano Beach 0.5973% 2,418,168 3,089,144 670,978
Sea Ranch Lakes 0.0050% 20,097 ' 2,670 17,427 6,457
Sunrtse 0.5939% 2,404,32~ 1,739,551 664,770 246,325
Tamarac 0.3~42% 1,595,920 331,973 1,263,94~ 468,344
Wilton Manom 0.0960% 388,457 224,023 164,434 60,929
CALHOUN 0.0255% 103,393 23,303 80,090 29,676
Blountstown 0.0~1% 32,616 20,43~ 12,177 4,512
CHARLOTTE 0.6'237% 2,524,854 814,570 1,710,284 633,731
Punta Gorda 0.0652% 263,880 466,650 192,764
CITRUS 0.3~27% 1,549,214 543,073 1,006,141 372,817
C~stal River 0.0187% 67,44~ 173,675 106,227
Inverness 0.02F~% 108,689 226, 919 118,229
CLAY 0.5283% 2,138,673 777,578 1,361,094 504,342
Green Cove Spdngs 0.0246% 99,103 105,363 6,261
Keystone Heights 0.0067% 27,266 15,Z30 12,036 4,460
Orange Park 0.0481% .194,564 59,111 135,453 50,191
Penney Farms 0.0032% 13,050 4,234 8,817 3,267
COLLIER 1.6530% 6,691,863 2,317,084 4,374,779 1,621,036
Evergladee 0.~354% 21,983 15,051 6,932 2,569
Naplee 0.2061% 834,175 621,407 212,769 78,840
COLUMBIA 0.Z297% 929,839 277,555 652,2~4 241,698
Fort White 0.0033% 13,561 -6,170 7,392 2,739
Lake City 0.0573% 232,091 210,605 21,486 7,961
DADE 6.9301% 28,055,301 24,321,344 3,733,956 1,383,585
Adventure 0.1110% ~9;250 85,34~ 363,~ 134,841
Bal Hart)our 0.0206% 83,268 81,866 1,403 520
Bay Ha,'bor islands 0.0314% 127,236 102,412 24,824 9,198
Biscayne Park 0.0204% 82,756 I 5,72:2 67,034 24,839
Coral Gablee 0.2742% 1,109,976 2,278,406 1,168,431
El Portal 0.8167% 67,43~ 16,127 51,307 19,011
Florida City 0.0326% 132,118 92,239 39,879 14,777
Golden Beach 0.0055% 22,415 6,8~9 15,557 5,764
Hialeah ~ 1.3586% 5,500,273 3,g10,563 1,589,710 - 589,053
HiaJeah Gardens 0.0753% 304,940 75,916 229,024 84,863
Homeslead 0.1545% 625,471 350,568 274,902 101,863
Indian Creek Village 0.0003% 1,403 266 1,13~ 421
Key BIscayne 0.0592% 239,852 280,336 40, 48.5
Medley 0.0058% 23,413 267,072 243,658
Miami 2.4146% 9,774,90~ 13,465,626 3,690,719
Miami Beach 0.6115% 2,475,529 3,282,581 807,053
Miami Shores 0.0676% 273,758 250,148 23,610 8,749
Miami Spdngs 0.0890% 360,182 68,427 291,755 108,107
North Bay 0.0391% 158,094 151,420 6,674 2,473
North Miami 0.3366% 1,362,559 1,194,970 167,589 62,099
North Miami Beach 0.2410% 975,673 1,127,225 t 51,562
Ope-locke 0.1075% 435,386 367,1~ 68,279 25,300
Plnecrest 0.12~1% 510,535 96,991 413,543 153,235
South Miami 0.0701% 283,819 364,260 80,440
Surf side 0.0285% 115,179 96,145 19,034 7,053
Sweetwater 0.0937% 379,253 237,901 141,352 52,377
Vlrglnla Get,lens 0.0151% 61,285 70,494 9,209
West Miami 0.03&9% 157,447 129,165 28,281 10,479
Excess Harmless
Deduction
NOTE: Hold Harmless amounts wii~ be grown by historic rate in replaced sources for pdor three years
Isaued 17-Oct-96 Page 2
r Final
Final Disthbution
Dist*d bution Above Hold
Harmless
306,797 58,263
1,303,255 414,929
1,315,939 233,969
705,851 318,383
964,255 0
184,759 158,262
149,10~ 19,771
2,517,461 586,574
2,377,168 142,208
3,089,144 0
13,640 10,970
2,157,996 418,445
1,127,576 795,602
327,527 103,504
73,716 50,413
6,082 2,211
28,104 7,665
1,891,123 1,076,553
456,650 0
1,176,397 633,324
173,675 0
?.26,919 0
1,634,,331 856,753
~ 05 , 363 0
22,806 7,E76
144,373 85,252
9,783 5,550
5,070,826 2,753,742
19,414 4,363
755,336 133,929
688,141 410,586
10,822 4,653
224,129 13,524
26,67!,716 2,350,37!
314,410 229,061
82,749 883
118,038 15,626
57,917 42,195
2,278,406 0
48,423 32,296
117,341 25,102
16,651 9,792
4,911,220 1,000,657
Z20,077 144,161
523,608 173,040
982 715
2~O,336 o
267.072 o
13,465,626 0
3,282,581 0
265,009 14,862
252,075 183,648
155,621 4,201
1,127,225 0
410,085 42,979
3S7,300 260,308
364;26O 0
I08,126 11,981
326,876 88,975
70,4,94 0
146,967 17,802
~mmun~catm~'s Tax Task Force
Calculation of Initial Distribution Shares
I County Total
County/M~.~pality
Sales Tax
Lauderdala L;kes
Lauderhill
Lazy Lake V;~age
Lighthouse Fcint
Margate
Miramar
North Lauder~3ale
Oakland Park
Parkland
Pembroke Park
Pembroke P~es
Plantation
Pompano Beach
Sea Ranch L;kes
Sunrise
Tamarac
Wilton Manors
CALHOUN
Altha
B[ountstown
CHARLOTTE
Punta Gorda
CITRUS
Crystal River
Inverness
CLAY
Green Cove S=dngs
Keystone H e:;hts
Orange Park
Penney Farms
1995-96e
(2) (3) (4)
County Total I Uninc. &
PopuatJon WeightJ Municip.Pcp. Uninc Pop
1,249,435,088 1,362,589 917 27,845
1,249,435,088 1,362,589 917 50,022
1,249,435,088 1,362.589 917 40
1,249,435,088 1,362,589 917 10,421
1,249,435,088 1.362,589 917 47,279
1,249,435.088 1,362.589 917 44,412
1,249,435,088 1,362,589 917 27,237
1,249,435.088 1,362,589 917 28,095
1,249,435,088 1,362,589 917 8,491
1,249,435,088 1,362.589 917 4,911
1,249,435,088 1,362,589 917 87,462
1,249,435,088 1,362 589 917 75,184
1,249,435,q88 1.362,589 917 73,879
1,249,435,088 1,362,589 917 614
1,249,435,088 1,362,589 917 73,456
1,249,435,088 1,362,589 ' 917 48,758
1,249,435,088 1,362,589 917 11,868
4,017,074 10,837 371 7,814
4,017,074 10,837 371 558
4,017,074 10,837 371 2,465
78,125,308 126,414 618 114,452
78,125,308 126,414 618 11,962
48,334;942 105,468 458 94,701
48,334,942 105,468 458 4,123
48,334,942 105,468 458 6,644
69,270,332 120,885 573 104,557
69,270,332 120,885 573 4,845
69,270,332 120,885 573 1,333
69,270,332 120,885 573 9,512
69,270,332 120,885 573 638
211,454,407 186,444 1,134 165,296
211,454,407 186,444 1,134 543
211,454,407 186,444 1,134 20,605
32,930,851 48,541 678 38,397
32,930,851 48,541 678 560
32,930,851 48,541 678 9,584
1,516,951,754 2,007,449 756 1,040,091
1.516,951.754 2,007,449 756 3,087
1,516,951.754 2,007.449 756 4,717
1,516,951.754 2,007.449 756 3,068
1.516,951,754 2.007,449 756 41,150
1,516,9~1,754 2,007,449 756 2.500
1,516,951,754 2,007,449 756 4,898
1,516,951,754 2,007.449 756 831
1,516,951,754 2,007.449 756 203,911
1,516,951.754 2.007.449 756 11.305
1,516,951,754 2,007.449 756 23,188
1,516.951,754 2,007,449 756 52
1.516,951,754 2 007,449 756 8,892
1.516,951,754 2.007.449 756 868
1.516,951,754 2,007,449 756 362,384
1,516,951.754 2.007,449 756 91,775
1,516,951,754 2,007,449 756 10.149
1.516.951,754 2.007,449 756 13,353
1,516,951,754 2,007,449 756 5,861
1,516,951,754 2.007,449 756 50,514
1,516,951,754 2.007,449 756 36,171
1,516.951,754 2.007,449 756 16,141
COLLIER
Everglades
Naples
COLUMBIA
Fort White
Lake City
DADE
8al Harbour
Bay Harbor l.~.ands
6iscayne par'<
Coral Gables
El Portal
Flodda City
Golden 8 e ac~,
Hialeah
Hialeah Garcens
Homestead
Indian Creel( V~age
Key Biscayne
Medley
Miami
Miami Beac~
Miami Shores
Miami Spnngs
No~h Bay
North Miam~
North Miami Beach
epa-locke
7,814
114,452
94,701
104,557'
165,296
38,397
,040,091
(6) (73
J Sales Tax I
...... I Distribution
vvergn[ea ~
Population I Shares
25,533 02251%
45,868 0.4044%
37 0.0003%
9,556 0.0843%
43,353 0.3823%
40,724 0,3591%
24,975 0.2202%
25,762 0.2272%
7,786 0.0887%
4,503 0.0397%
80,199 0.7071%
68,940 0.8079%
67,744 0.5973%
563 0.0050%
67,355 0.5939%
44,709 0.3942%
10,882 0.0960%
2,897 0.0255%
207 0.0018%
914 0.0081%
70,733 0.6237%
7,393 0.0652%
43,401 0.3827%
1,890 0.0167%
3,045 0.0268%
59,914 0.5283%
2,776 0.0245%
764 0.0067%
5,451 0.0481%
366 0.0032%
187,470 1.6530%
616 0.0054%
23,369 0.2061%
26,049 0.2297%
38O 0.0033%
6,502 0.0573%
785,957 6.9301%
12;556 0.11t0~
2.333 0.0206%
3,564 0.0314%
2,318 0.0204%
31,095 0.2742%
1.889 0.0167%
3.701 0.0326%
628 0.0055%
154,088 1.3586%
8,543 0.0753%
17.522 0.1545%
39 0.0003%
6,719 0.0592%
656 0.0058%
273,840 2.4145%
69,351 0.6115%
7,669 0.0676%
10.090 0.0890%
4.429 0.0391%
38,171 0.3366%
27,333. 0.2410%
12,197 0.1075%
Issued 17-Oc1-96 Page 3
~cat~ons Tax Task Force
Local Gevernment Revenue From
Telecommunications and Cable
Counly/MunicipalJty
1998-96e
Municipal Utility I Franchise J Frandmse
Tax Fees from Fees from
Telecom Cable
Lauderdale Lakes 164,773
Lauderhill 809.103
Lazy Lake Village 0
Lighl~ouse Point 155.743
Margate 633,238
Miramar 844.973
North Lauderdale 250,130
Oakland Park 905,517
Parkland 0
Pembroke Park 111,039
Pembroke Pines 1,469,291
Plantation 1,798,140
Pompano Beach 2.671,663
See Ranch Lakes 0
Sundse 1,346,188
Tamarac 0
Wilton Manors 178,642
CALHOUN 0
Altha 2,548
Blount~lown 10,062
CHARLOTTE 0
Punta Gorda 340,5!2
CITRUS 0
Crystal River 148,791
Inverness 185,508
CLAY 0
Green Cove Spdngs 75,535
Keystone Heights 7,003
Orange Park 0
Penney Farms 0
COLLIER 473,069
Everglades 11,158
Naples 429,007
COLUMBIA 0
Fort Wh~le 2,700
Lake Ci~' 122,170
DADE 15,686.575
Adventure 0
mai Harbour 49,541
Bay Harbor Islands 61,250
Biscayne Park 0
Coral G~bles - 1,830,960
El Portal 0
Flonda Ce/ 63.360
Golden Beach 0
Hlaleah 2.598.734
Hialeah Gardens 0
Homestead 211,499
Indian Creek V~llage 0
Key B~scay~e 197,613
Medley 261.416
Miami 10,898.458
Miami Beach 2.377,005
Miami Shores 165,511
Miami Spnngs 0
North 6~y 104,596
North Miami 727,447
Nor~ Miami Beach 767,427
Ope4ocka 274.188
Half Cent
Dis~bu'don
Local Option
Sales Tax
Total
45.947
73,137
44
16,842
65,142
61,963
25,827
0
8,474
11,711
129,681
0
169,461
1,191
151.913
66,936
20,204
0
0
212
0
21,940
0
6,765
10,733
0
9,835
1,524
17.215
729
0
0
63,101
0
0
16,364
0
0
10,406
10,324
0
139,790
2.660
0
1.486
280,044
17,538
36,913
25.159
21.070
26,000
2,390.022
157,231
15,151
0
10,509
79,172
74,885
29,833
152.176 58,216 0
258,961 104,582 0
184 84 0
88.756 21,787 0
195,302 98,847 0
180,182 92,853 0
104,242 56,945 0
0 58,739 0
10.931 17,752 0
10,035 10,267 0
348,423 182,858 0
349,540 157,188 0
328,778 154,460 0
1,733 1,284 0
299,736 153,575 0
287,543 101.939 0
25,710 24,813 0
0 12,388 10,916
0 703 620
5,667 3,107 2,737
380,487 257,305 252,875
82,863 25,141 24,708
481,451 157,911 0
23,117 6.391 0
38,891 10.298 0
427.750 219,755 215,623
14,445 9.223 9,049
3,999 2,537 2,490
29.047 18,107 17,767
2,284 1,214 1,192
1.433,831 696,950 0
2.232 2.110 0
140,436 80,051 0
105,471 97,635 95,543
1,343 1.211 1,185
59,297 20,720 20,277
0 3.498,697 5,136,073
0 34,582 50,766
20.632 6,410 9.410
21,237 9,794 14.378
0 6,370 9.352
295,718 85,443 125,430
4,145 5,191 7.620
4,724 10,170 14,930
3,250 1,725 2,533
333,609 423,397 621.545
22.479 23,474 34,459
25,302 48,147 70,680
0 108 159
46,445 18.463 27,104
1,510 1,802 2,646
887.662 752,448 1,104,590
544,093 190.560 279,741
40,785 21,073 30,935
0 27.726 40,702
20,986 12,170 17,865
260,830 104,886 153,973
218.050 75,105 110,254
12,754 33,515 49,200
421,112
1,245,784
312
283,128
992,529
1,179,970
437,143
964,255
37,157
143,053
2,130,253
2,304,868
3.324,361
4,208
1,951,411
456,419
249,369
23,303
3,871
21,784
890,667
498,163
639,363
185.064
245,430
863,129
118.087
17,553
82,135
5,419
2,603.850
15,497
712.595
298,649
6,438
238.828
24.321.344
85,349
96.399
116,983
15.722
2.477,340
19,616
93,184
8.995
4,257,329
97,950
392,541
25,426
310.696
293,374
16,033,180
3,548,632
273,455
68.427
166,126
1,326,308
1.245,720
'399,490
Issued 17-0ct.96 Page 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, URGING THE GOVERNOR OF
THE STATE OF FLORIDA, THE FLORIDA LEGISLATIVE
DELEGATION, THE MEMBERS OF THE FLORIDA
TELECOMMUNICATIONS TAXATION TASK FORCE AND
THE FLORIDA LEAGUE OF CITIES TO PROTECT THE
TRADITIONAL REVENUES THAT ARE ASSOCIATED
WITH LOCAL CONTROL WITHIN THE
TELECOMMUNICATIONS INDUSTRY AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura, Florida has made the
following determinations:
1. The telecommunications industry has made dramatic impact on the federal
legal framework governing telecommunications, as well as the authority of
local government entities, by the passage of the Telecommunications Act of
1996.
2. Overall, the intent of the Act is the development of competition in the
telecommunications market to provide long distance telephone service, as
well as cable television service, audio services, video programming services,
interactive telecommunications and internet access.
3. Similarly, long distance providers, cable operators, and utility companies are
now permitted to offer local exchange telephone service, as well as all of the
other telecommunications services referred above.
Resolution No.
Page 2
4. This City Council is concerned with how taxes would be allocated locally, and
how the costs of administration at the state level would be paid.
5. This City Council believes, most certainly, that the amounts of monies
received by the City of Aventura would significantly decrease and taking
away any ability of the City of Aventura to levy franchise fees minimizes the
amount of oversight and control over the public right-of-ways traditionally
reserved to the City.
6. The hold harmless formula utilized to determine the tax is unfair to newly-
incorporated cities that did not collect utility tax and franchise fee proceeds in
the prior fiscal year.
7. The City of Aventura stands to lose $800,000 in revenue based on the
Telecommunications Tax Task Force proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. This City Council urges the Governer of the State of Florida, the
Florida Legislative Delegation, the Florida Telecommunications Taxation Task Force,
and the Florida League of Cities to protect the traditional and potential revenues that
are associated with local control within the telecommunications industry by:
a. supporting the continued authority for cities to manage and determine
compensation for the use of public rights-of-way;
Resolution No.
Page 3
b. supporting legislation that recognizes the dedicated funding purpose of each
revenue source;
c. supporting the continued authority of cities to utilize cable and
telecommunication franchise fees and tax revenues at their discretion;
d. supporting legislation that eliminates tax inequities; taxes functionally
equivalent services similarly regardless of the service provider; providing
uniformity among similar state and local government taxes; and providing
comprehensive definitions to account for the development of new cable and
telecommunications products and services;
e. supporting legislation preserving cities' ability to collect and audit franchise
fee and tax revenues implemented under cities' jurisdiction.
Section 2. The City Manager is hereby directed to forward a copy of this
Resolution to the Governor of the State of Florida, the Florida Legislative Delegation,
the members of the Florida Telecommunications Taxation Task Force, and the Florida
League of Cities.
Section $. 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.
Page 4
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3r~ day of December, 1996.
ATTEST:
ARTHUR I. 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~C~er
November 26, 199'b"
Recommendation to Award Rid No. 96-11-25-2
Medians/Right-of-Way Maintenance
December 3, 1996 Council Meeting Agenda Item No,
Recommendation
It is recommended that the subject bid be
Landscaping, Inc., in the amount of $220,000.
entire year of service.
awarded to the Iow bidder, Luke's
The budget contains $250,000 for the
Background
The 1996-97 Budget establishes the policy that median and right-of-way maintenance
functions be privatized and contracted by formal bid to the private sector. This policy
was adopted to provide maintenance services more economically and efficiently to the
community as compared to the traditional method of the City performing the functions
by utilizing City personnel.
The subject bid was opened on November 25, 1996.
report, it is recommended that the bid be awarded
Landscaping, Inc., in the amount of $220,000.00.
Based on the attached staff
to the Iow bidder, Luke's
The budget contained an estimate of $250,000 for these services. The contract will
commence in January. As the City assumes additional medians and rights-of-way now
currently under private jurisdiction, they will be added to the responsibilities of the
contractor
EMS/tms
CC0168-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 96-11-25-2, MEDIANS/RIGHT-OF-WAY MAINTENANCE,
TO LUKES' LANDSCAPING, INC., AT THE BID PRICE OF $220,000;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Ordinances of the City of Aventura,
properly solicited and accordingly accepted bids for BID NO. 96-11-25-2,
MEDIANS/RIGHT-OF-WAY MAINTENANCE; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Lukes' Landscaping, Inc., has submitted
the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Council, upon the recommendation of the City Manager, is
therefore desirous of awarding said bid/contract to said lowest responsible and
responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 96-11-25-2, MEDIANS/RIGHT-OF-
WAY MAINTENANCE, be and the same is hereby awarded to Lukes' Landscaping,
Resolution No.
Page 2
Inc., in the amount of $220,000.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 01-50-539-3-30-3150.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing Resolution was offered by , who moved its
adoption. The motion was seconded by and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Counciimember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ClTY ATTORNEY
day of ,1996.
ARTHURI. SYNDER, MAYOR
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
Eric M. Soroka, Citv,'Ma[
Robert M. Sherman, D~
November 26, 1996
~er
of Community Serv~ce~s--,~
Bid Number 96-1'1-25-2 Medians/Right-Of-Way Maintenance
In accordance with the City Charter, bids for landscaping services were solicited,
advertised and opened on November 25, 1996.
Bid Specification and Requirement Summary
The bid specifications were reviewed by our Landscape Architect, Finance Director and
City Attorney for technical expertise, accounting principles and legal format. For
management purposes, the locations were divided into seven (7) geographical areas:
2.
3.
4.
5.
6.
7.
NE 190th Street from NE 29th Avenue to Country Club Drive
William Lehman Causeway
Country Club Drive
Aventura Boulevard from US 1 to Country Club Drive
NE 207th Street from US I to Country Club Drive
NE 34th Avenue from Country Club Drive to NE 214th Street
West Side of Biscayne Boulevard from Ives Dairy Road to NE 183rd Street
The terms of the contract are for twelve (12) months. In addition, the City reserves the
right to extend the contract for an additional one (1) or two (2) years, providing both
parties agree that all the terms, conditions and specifications remain the same, and the
extension is approved by the City Manager.
Maintenance was defined as mowing, trimming, mulching, edging, blowing, trash
removal and disposal, tree trimming, fertilizing, raking, sweeping, insect and pest
control, irrigation system repair, landscape lighting maintenance, graffiti removal,
weedeating and maintaining all street and landscape furniture, as defined by the City.
In addition, the contractor must agree to provide the City with emergency services in the
event of a natural disaster on a first priority basis to clear roadways or access areas, or
otherwise as determined by the City Manager. This provision guarantees the contractor
Eric M. Soroka, City Manager
November 26, 1996
Page Two
will be available to the City for hurricanes, tornadoes or any other emergency services
the City will require.
The bid specifications also require the contractor to establish a shop location within the
City limits within 60 days, and require the contractor to be available to the City on a 24
hour call basis.
The bid specifications also required a bid bond, and the successful bidder is required to
post a 100% performance and payment bond within 30 days of the contract award.
Bid Analysis
In order to provide the best possible pricing for the City, the bids were analyzed using
two (2) methodologies. First, a location-by-location basis was used to compare prices
for each location, and secondly, a lump sum analysis was used. Using these two (2)
methods guarantees the City the lowest prices. (Please see Exhibit "A".)
Three (3) qualified bidders offered sealed bids. A summary follows:
Bidder
Luke's Landscaping, Inc.
U.S. Lawns of South Dade
The Continental Group, Inc.
Twelve Month Cost
$220,OOO
370,880
380,000
The Iow bidder, Luke's Landscaping is also the Iow bidder on a location-by-location
basis, thereby giving the City the lowest possible bid.
He is recommended by the Joint Council of Aventura and Turnberry Associates for his
exemplary performance in the City, both on a regular and emergency basis. For the
past six (6) months, Luke's Landscaping has been very dependable to work with. He
has met the bonding criteria, the technical specifications, is located within the City limits
and has agreed to two (2) one (1) year extensions in the submitted bid form.
Based upon the information received and subsequent analysis, I am recommending the
City Council award Bid 96-11-25-2 to Luke's Landscaping, Inc.
If you need any additional information, please feel free to contact me.
RMS/gf
Attachment
Bid Number 96.11-25-2 Exhibit "A"
Bid Analysis for 12 month period for landscaping services
Item #
ROW 1
ROW 2
ROW 3
ROW 4
ROW 5
Location Description
NE 190 Street from NE 29 Ave to CCD
William Lehman Causeway
Country Club Drive
Aventura BIvd, from US 1 to CCD
NE 207 St from US 1 to CCD
$44,000
$99,000
$18,000
$21,000
U.S. Lawns
$14,360
$66,000
$147,500
$26,400
$34,220
$19,631
$76,71
$140,750
$25,471
$44,410
ROW 6 NE 34 Avenue from CCD to NE 214 St i $12,0001 $46,2401 $46,610
ROW 7 West side of Biscayne Blvd from t ~ 1
----..- Ives Dairy Road to NE 183 St. m $18,000536,160 $26,417
TOTAL $3e0,0001
Bold Type --Low Bid for Location
11/26/96
CITY OF AVENTURA
MEDIANS I RIGHT-OF-WAY
MAINTENANCE BID SPECIFICATIONS
BID NO. 96-tt-25-2
PREPARED BY:
O'LEARY DESIGN ASSOCIATES, PA
Landscape Architects
CITY OF AVENTURA
NOTICE TO BIDDERS
Sealed bids will be received at the Office of City Manager, City of Aventura, 2999 N.E.
191st Street, Suite ~500, Aventura, Florida, 33180, until 2:00'P:M., Tuesday, November 25,
1996 at which time they will be opened and read for:.
MEDIAN/RIGHT-OF-WAY MAINTENANCE SERVICES
BID NO. 96-11-25-2
The work includes, but may not be limited to, the fumishing of all labor, materials, tools,
equipment, machinery and services for proper maintenanoe which for the purposes of this
bid, shall include litter, trash & debris removal, mewing, edging, hedge trimming, selective
tree trimming, raking, sweeping, weeding, weedeating, and irrigation system repair.
A manda~onj pm-bid tour will take plaoe on November 12, 1996 starting at 10:00 A.M. Step
off location is at Aventura Government Center, 2999 N.E. 191st Street, Suite f~500,
Aventura, Florida, 33180. Please<all (305) 446-8900 for further information regarding the
{our and (305) 466-8920 to request a copy of the Bid Specifications.
The City of Aventura reserves the right to reject any or all bids, {o waive any informality,
irregularity or technicality in any bid, to readvertise for bids, or'take any other such actions
that may be ~dc~med to be in the best interests of the City.
&DDn~Dt~ ~0. 1
NOVlg~B~R ,1.9~ ~.996
Re:
City of Aventura
Medians/Right=of-Way
Maintenance Bid Specification
Bid No.96-11-25-2
From:
O'Leary Design Associates, P.A.
Oak Plaza Professional Center
8525 S.W. 92nd Street
Suite C-11
Miami, Florida 33156
TO: ProspectiveBidders:
This. Addendum becomes part of the Contract Documents and
~ the original-Contract Documents and iT~ohnical
SP~oi~ations dated OctOber 28, 1996 as noted below.
The Addendum consists of (1) page.
.TO DOCUMENTS:
1)
2)
Sealed bids. will be received at the office of city
.l.~ager, City of Aventura, 2999 N.E. 191st.Street, Suite
~$00, Aventura,. Florida, 33180 until 2~00' P.M~., MOnday,
:N0~ember 25, 1996, at which time they will be.opened and
re d.
The bidder must acknowledge receipt of Addendum No. I by
· $~gnihg and dating .this Addendum and attachin~ it to his
b~'package. '
BIDDER NAM~
COMPANY NAME
DATE
]Re ,'
City of'Aventura
'Medians/Right-of-Way
Maintenance Bid Specification
Bid No.96-11-25-2
O~Leary Design Associates, P.A.
Oak Plaza Professional Center
8525 S.W. 92nd Street
Suite C-11
Miami, Florida 33156
TO:
Thi~ Addendum
Sp~Oi.fiCations
Prospective Bidders:
becomes part of the Contract Documents and
original COntract DoCuments and Technical
dated October 28, 1996 as noted below:
The Addendum consists of (1} page.
C ANaES TO DOCUMENTS:
PA~E.-24.-S. ME~HODS OF MAINTENANCE
Mowing of 1awn'areas
A)
B)
Mow and edge all lawn areas every ten (10) days
from October 1st through April 1st and every
seven (7} days from April i through Oot0ber
1st. ' (Frequency of outs to be a~ d~fined
above, th~ quantity of outs to be' de~erm~ned
by biddems).
The bidder must acknowledge receipt Of Addendum
No.2 by signing and dating this Addendum ~and
attaching it 'to. his bid package.
BIDDER NAME
COMPANY N~
CITY OF AVENTURA
MEDIAN/RIGHT-OF-WAY MAINTENANCE
BID # 96-1t-25-2
CITY OF AVENTURA
BID'NO. 96-11-25-2
PAGE NO._ 1.
This is not an order
ANTI-COLLUSION STATEMENT: THE UNDERSIGNED BIDDER HAS NOT DIVULGED
TO, DISCUSSED, OR COMPARED HiS BID WITH-OTHER BIDDERS AND HAS NOT
COLLUDED WITH ANY OTHER BIDDER OR PARTIES TO THIS BID WHATEVER.
THIS BID SUBMITTED BY:
COMPANY NAME: Lukes' Landscaping, Inc. ' PHONENO. (954) 431-1111
AOD~ESS;.3920 Northwest 94th Avenue CITY: Hollywood~
STATE: Florida
BY: Luke Facarazzo
ZtP CODE: 33024
11-22-96
NAME & TITLEOF SIGNER: Luke Facarazzo - President
SJGNATURE REQUIRED:. ALL BfDS MUST BE SIGNED WITH THE VENDOR NAME
AND BY AN OFFICER OR EMPLOYEE HAVING AUTHORITY TO BIND THE COMPANY
OR FIRM BY SIGNATURE.
INDtCA..TE WHICH TYPE OF ORGANIZAT~ BELOW:
INDIVIDUAL ( ) PARTNERSHIP ( ) C~)RPORATtON (X) OTHER ( )
TO Tt'IE'ClTYCOUNCiL OF THE CITY OF AVENTURA, FLORIDA:
WE il) THE ABOVE SIGNED HEREBY AGREE TO FURNISH THE FOLLOWING
SUPPLY(S) OR SERVICE(S)SUBJECT TO THE CONDITIONS, SPECIFICATIONS, AND
ATTACHMENTS HERETO~ ~ ~./~
COMPANY NAME:. Luke~ Landscaping, Inc. r
CITY OF AVENTURA ' ·
BID NO. 96-11-25-2
PAGE NO. 2
IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE BID REACHES
THE OFFICE OF THE CITY MANAGER ON OR BEFORE THE CLOSING HOUR AND
DATE SHOWN ON THE PUBLIC NOTICE TO BIDDERS FORM.
1.1 TAXES: Bidder should not include taxes in pd~es bid. The City is exempt from Flodda
sales tax on direct purchases of tangible property.
t.2 PURPOSE OF BID: The City of Aventura intends to secure a source of supply (s) at
the lowest responsive and responsible price. The City reserves the dght to award the bid
considered to best serve the City's interests.
t.3 Any questions conceming the bid specifications or any required need for clarification
should be made at least five (5) days prior to the date of the bid opening. No plea of
· ignorance or delay or required ~,ccd of additional information shall exempt a bidder from
submitting his bid on the required date and time as publicly noted.
t.4 Bidder wamants that the pdces, terms and conditions quoted in the bid will be firm for
a period of 365 days from the date of the bid opening unless othemvtse stated by the bidder.
Incomplete, unresponsive, irresponsible, vague, and ambiguous responses tothe invitations
to bid will be cause for rejection, as determined by the City.
1.5 Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida Statutes -"A
person or u~r;~mte who has been placed on the convicted vendor list following a conviction
for a publ'~c e,~{l[y cdme may not submit a bid on a co,~{~-act to provide any goods or services
to a publ'~c entity, may not submit a bid on'a contract with a public entity for the construction
or repair of a publ'~ b~ling or public work, may not submit bids on leases of real property
to a public e¢~[;[y, may not 'be awarded to perform work as 'a contmctor~ supplier,
subcontractor, or consultant under a centf~ct,afl~t any public entity, and may not transact
business with any public entity in exoess of the threshold amount provided in section
287.107, for CATEGORY TWO for a period of 36 months from the date of being 'Placed on
the convicted vendor list".
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' Landsca~)in~, Inc.
CITY OF AVENTURA
This is not an order
BID'NO.~
PAGE NO._ 3
GENERAL CONDITIONS, INSTRUCTIONS TO THE BIDDERS
2.1: SUBMISSION OF BIDS
2; 1.1: Bidders must use the bid form(s) furnished by the City. Failure to do so may cause
the bid to be rejected. Removal of any of the bid proposal may invalidate the bid.
2.1.2: Proposals having an erasure or-corrections must be initialed by the bidder in ink.
~ Bids shall be signed in ink; all quotations shall be typewritten or filled in with ink.
2.2: GUARANTIES: No guaran(ee or warranty is given or implied by ~he City as to the total
amount that may or may not be purchased from any resulting contract or
quantities are for bidding purposes only and will be used for~abulation and award. These
presentation of
the bid. The City reserves the right to reasonably inorease or deorease quantities as
required. The prioes offered herein and the peroentage rote of disoount applies to other
representative i(ems not listed in this bid. -
2.3: DELIVERY: All itamsshall be delivered F.O.B. ~q~stination.(l.E. at a specific City of
Aventura address), and delivery (x~s and charges ('6 any) will be included in the bid price.
E~ceptions should be noted. When practk~l, Ute City may make pick-ups at the vendors
plaoe of business.
2.4: MISTAKE: If there is a disompsncyin (beane and extended prioes, the unit prices(s)
will prevail and the extensions adjus(~)d*(o qoincide. Bidders are responsible for checking
omcmer from hms responsibil' a . risk, errors w~ll not release the
ity s noted heremn.
BIDDERS NAME: Luke Facarazzo
- COMPANY'NAME:. Lukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
INVITATION TO BID
BID NO, · 96-11-25-2
PAGE NO. 4
3.1: BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name,
trade name, or vendor catalog is mentioned whether or not followed by the words "approved
equal" it is for the purpose of establishing a grade or quality of matedal only. Vendor may
offer equals with appropriate identification, samples and/or specifications on such item(s);
The city shall be the sole judge concerning the merits of items bid as equals.
3.1.2: Prevision of any written indication of intent to quote an alternative brand or model
number, or designation of objective of the bid will be considered es a quotation in complete
compliance with the specifications as listed, at the discretion of the City, which would best
serve the City's interesL
3.2: MATERIAL: Acceptance of the material(s) delivered under this proposal shall remain
ttte~ of the seller until accepted to the satisfaction of the City. In the event materials
supplied to city are found to be defective or does not conform to specifications, the City
reserves the fight to return the product (s) to the seller at the sellers expense.
3;3: PRICING: Prices should be stated in units of quantity specified in the bidding
specifications. In case of a discrepancy, the City reserves the dght to make the final
determination at the lowest net ~:~°st to the City.
3.4:. SAF .L='rY..STAND..Ai~...: The bidder wanants that the produ~.. (s) suPPlied to the City
con,re'ms ,n a!l mapects to me standards set forth in the OcoUpational Safety::arfd Health
Act (OSHA) and its amendments. Bids m~Jst be accompanied 'by'materials data safety
sheets (M.S.D.S.) when applicable.
3.5: PAYMENTS: Payment will be made ..aff~.r commodities/services have been received,
accepted, and pmperiy invoiced as indicated in the contract and/or purchase order.
Invoices must bear the. .purchase order number.
BIDDERS NAME: [,uAe Facarazzo
COMPANY NAME: Lukes' Landscaping, Inc.
CITY OF'AVENTURA
This is not an order
BID NO. 96-11-25-2
PAGE NO.__ 5
INVITATION TO BID
4.1: LIABILITY, INSURANCE, LICENSES & PERMITS: VVhere bidders are required to
enter onto City of Aventura property to deliver materials or to perform work or services as
a result of a bid award, the bidder, will assume the full duty, obligation, and eXPense of
obtaining all neoessa~/I'menses, permits, inspections, and insdrance required. The bidder
shall be liable for
any damages or loss to the City oocasioned by negligence_ of the bidder
(or his agent) or any pemon ~ bidder has designated in the completion of his contract as
a result of the bid. Contractor shall be required to furnish a certified copy of all'licenses,
certi~..tes of co.mpetency or other licensure requirements neoessary to practi~e his
Profession as required by Florida State Statute, South Florida Building Code, Dade County,
or City of Aventura Code. Contractom must include cufrent.Dade County cortificates of
competency. These documer~s shall be furnished to the City alOng with the bid response.
Failure to ~umish these documents or to have required Ii,ensure will be grounds for
rejecting the bid and forfei{ure of the bid bond.
4.1.2: The vendor shall fumL~h to the C~ Clerk, City of Aventura, 2999 N.E. 191st Street,
Suite ~00, Aventura, Florida 33180, oer~mate(s)of insumncewhich indicate that
-.~ ,.~ u[ ~-,3nea or o ' · ...... '-,,,~
. merwme se(3ured tn a manner satisfac{ory to the City in an
amount equal {o 100% of the requirements and shall be presented to the Cit7 prior to
issuance of any contracts) or award(s) document(s) which meets the requirements as
outlined below;. Workers compensation insumnoe ~or all employees of the vendor as
required by Florida Statute 440 as amended. Comprehensive generaI liability insurance
(GCL) ir[an amount not less {hah $500,000.00 combined single limit per _oocurrenoe ~or
be i y Thepeli as .ust remi .
products/comp~ted rio · . P. ses/opemtions.
coveraa~ ~'~-,--~-_..(:~at~. ns, .broad forth contractual and Indel:)endent
---o--- ,-~.~YOr,~venturashall~,,,,,,,,~--.-.~-,--,; .... _ ..._
coverage. ..~ ,,-,,~u ~= auuEional Insured" with ~espect to this
BIDDERS NAME: Luke Facarazzo
COMPANY NA~E:~Lukes" Landscaping, Inc.
CITY OF AVENTURA
This is not an order
INVITATION TO BID
BID NO._96-11'2S-2
PAGE NO._ 6
ADDITIONAL INSURED:
CITY OF AVENTURA
2999 N.E. 191 STREET
AVENTURA, FL 33180
5.1: Comprehensive automobile liability insurance covedng all owned, non-owned, rented,
hired or borrowed vehicles used in connection with the award, in an amount not less that
$1,000,000.00 combined single limit per occurrence for bodily injury and property damage.
The City of Aventura shall be named as additional insured. '
5.1.2: All insurance shall be issued by companies rated A.7 or better per A.M. Best's Key
Rating Guide, latest edition and authorized to issue insurance in the State of Florida. It
shall be the responsibility of the vendor and insurer to notify the Finance Support Services
Director of the City of Aventura of ~ancellation, lapse, or matedal medi~cafion of any
insurance policies insuring the vendor, which relate to the activities of such vendor and the
City of Aven{ura, Such noti~cation shall be in writing, and shall be submitted to the City
Insurance Ma.~er within 30 days prior to Cancellation of such policies. This requirement
shall be reflected on the Certificate of Insurance.
5.1..3: Failure to fully and satisfactorily comply with the r'~s in ...........
~4'~U~'~,~%,~ ~,~. ~,..I.~- ~. .............. ~'~al'X ~UI~[II~ aha Don(ling
e I · . . --J'. ;uTM ~'"'~ l"~'~;IH~'llL U F~$(~IsslOn Ot
~.._'~2_~ L'~.~'n.?'E.(3.°) da.~ o~ ~,&'ard,ng ,~,~tbout fu~e~ C~ Ceuncil a~on: "r,,
.ue the C~ by ~e o~ s~ ,~.~.nd ~rees to ,ndamn~ C~ and covenan~ not to
S.1.4.:. C..OP .Y.RIGH'[.S/t}IDIOR P.A .TI~.NT RIGm: Bidder warrants that there has bccn
no. wola=on or copyrights or patent nc~hts in manufacturinn .----,..~ .........
snipped or ordered ao o ,,~,,,~ .~ ,~.:_ C':., ~ _ .~ · .=, p,.u~.u~f~ or semng o1' goocls
, -.. - ,~,,~ v, u I,~ u~u. ~ ne se~r agrees to ~naemnify City from ~any and
all liability, loss or expense occasioned by any such viol~.
BIDDERS NAME:.. Luke 7acarazzo
COMPANY NAME: Lukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
BID NO.~96-11-25-2
PAGE NO._ 7
INVITATION TO BID
6.1: WARRANTY/GUARANTY: Suooessful bidder shall act as agent for the City in the
follow-up and oompliar~e of all items under warranty/guarantee and complete all forms for
warcanty/guarantee coverage under this contract. Bidder warrants by signature on his
proposal sheet that prioes quoted here are in conformity with the latest federal pdce
guidelines.
6.1.2: SAMPLES: Samples of items, when required, must be furnished by the bidder free
of charge to the City. Each individual sample must be labeled with the bidders name, and
manufacturer's brand flame and delivered by him within ten (10) calendar days of the bid
opening unless schedule indicated a different time. If samples are requested subsequent
to the bid opening, the~ should be delivered within ten (10) calendar days of the request.
The City will not be responsible for ~etuming samples.
6.1.3: GOVERNMENTAL RESTRICTIONS: In the event anygovemmental restrictions
may be imposed which would neoessltate alteration of the matedal quality, workmanship,
or performance of the items offered on this bid prior to their delivery, it shall be the
responsibility of the suooessful bidder to notify the City at onoe, indicating in his letter the
specific regulation which required an alteration. The City of Aventure ~=sserves the dght to
e,~x~,ept any such aitemtion, ind':ling any pdos adjustments oocasioned thereby, or to
car~el at no further expense to the City.
6.'1.4: ASSIGNMENT: The contractor shall not transfer or assign the performance
aware' . . . . . ~ City of Aventum
~'~,y issue<:l purst~nt co this bid #lvitafion and m,.~,,~ ,~,~..~ ........ ·
are not 'assignable e~eept with prior written approval .of the City Manager of the City of
Aventura ....
6.1.$ AWARD OF BIDS: The Cit~. of Aventura ~eserves the right to a · t or re
and/orallbidsoroa~tsof · ,,,, ........ .-_, ............ ~. ~jectany
advertise for bid,~, orP~a'tStakofe al~nSv'o~°'~,~r~.__.~yJ_~ ~n~__u_la ~r~J?.or ?chnlcalities, to re-
oftheCifv. Th=~- .... ' _"..~'".~-,=~,,,=xuuu~emeucol~elnthebes in rests
., _... ,,,~y a,so reserves me right to award the contract on a split o~e~sis,
group by' group, er item by item, or such combination as will .~ serve .the i.~ere~ts of the
BIDDERS NAME:.. Lu~e Facaz'azzo
COMPANY NAME~., Lukes' Landscaping, Inc.
CITY OF AVENTURA
BID NO.~
PAGE NO._ 8
This is not an order
INVITATION TO BID
6.1.5 Cont: City, unless otherwise stated. The City also reserves the dght to waive minor
variations to the specifications (interpretation of such to be made by the applicable
department personnel). ~nal determination and award of bid(s) shall be made by the City
Manager.
7.: EVALUATION OF BIDS: The City, at it's discretion, reserves the dght to inspect
any/all bidders facilities to determine their capability of meeting the requirements for the
contract Also, price,' responsibility and responsiveness of the bidder, the financial position,
experience, staffing, equipment, materials, references, and past history of service to the
City and/or with other units of State, and/or Local governments in Flodda, or comparable
private entities, will be taken into consideration in the award of a contract.
7.t.2: IDENTICAL (TIE BIDS): Shall be awarded by the City in compliance with Florida
State Statutes providing for a drug free workplace, that is, in the event of an identical fie
bid, a preference shall be given to a business having a drug free workplace under Florida
State Statute 287.087, as amended. Failure to provide proof of compliance when
requested shall be cause for rejection of the bid as determined by the City.
7.1.3: HOLD HARMLESS: All bidders shall hold the City, it's officials and employees
harmless and covenant not to sue the City, it's officials and employees in reference to their
decisions to reject, award, or not award a bid, as applicable. . - ·
7.1.4: CANCELLATION: Failure on the pa~t of the vendor to comply with theconditions,
specifications, requirements, and terms as determined by the City, shall be just cause for
ceneellation of the award.
7.t.S: DISPUTES: If any dispute conceming a question of fact adses under the contract
other than termination for default or convenience, the contractor and the City department
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes; Landscaping, Inc.
CITY OF AVENTURA
BID NO.~
PAGE NO._ 9
This is not an order
INVITATION TO BID
7.t.5: Cont. ~esponslble for the administration of the oontract shall make a good faith effort
to resolve the dispute. If the dispute cannot be resolved by agreement, then the
department with the edvk3e of the City Attorney, shall ~ssolve the dispute and send a written
copy of its rdecisJon to ~ contractor, which shall be binding on both parties,
8,: NONCONFORMANCE TO CONTRACT: The City of AVentura may withhold
acceptance of, or reject items which ara found upon examination, not to meet the
specification requiraments. Upon w~;~en notification of rejection, items shall be removed
within (5) calendar days by the vendor at his own expense
Rejected goods ~lt longer than thirty (30) and.radelivered at his expense.
calendar days will be regarded as abendenedand
the City shall have the right to dispose of them as it's own property. Rejection for
nonconformanoe, or ~ailura to meet deliverY schedules may result in the contract being
found in default.
8.1.2: DEFAULT PROVISION:
Aventura may In case df default by the biddecor<3ontm~or,-the City of
procura {he articles or servioes,from other souroas and hold the bidder or
contrac,*,or responsible for anyexeess cos{s oocasioned or incurred thereby.
t~el'~:it~lN_D~ E~M_N_I.FICA..TI. ON_: The contractor shall indemnify, save harmless, and defend
,ty u[ ~vemum, Cs om~ws, agen{s and em Io ~es · ·
demands or causes of action of.-.~--'~- .... -~-;- ~ p -Y~ ~'~.m. and against any claims,
· ~-IiO ........... .,,,,.~=~.~v~n~ or natura arising out of error omi i
in the provision of goods or the performanqe of servioes pursuant {o this bid and/or from
- ~-.-.,,,u~,~xor, nm agems, servants or employees
any procurement derision of the City includ~g without limitation, awarding the contract to
the contractor.
8..1.4: SECONDARY/O'rlJ. ER V~..NDORS: The City reserves the ri h '
pnmarY vendorcannot provide an itemf 3 ~'.~_rvt,,~-,, ..... g t tn the event the
is) ----- -.~[w m a amely manner as requested, to
seek other sources without violating the intent of the contra,~
BIDDERS NAME:.. Luke Facarazzo
COMPANY NAME:__Lukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
BID NO.~
PAGE NO._10
INVITATION TO BID
9.t: CONTRACT EXTENSIONS: The City of Aventura hereby requests bids for a one (1)
year contract for supplies or services. In addition, the City reserves the dght to extend
contracts for an additional one (1) or two (2) years, providing both parties agree, that all the
terms, conditions and specifications remain the same and the extension is approved by the
City Manager.
BIDDER OFFERING FIRM PRICES FOR THE FULL CONTRACT PERIOD:
YES..xx NO
BIDDER TO INDICATE IF HE WOULD BE WILLING TO EXTEND THIS CONTRACT FOR:
SECOND TWELVE MONTHS: YES ×× NO
THIRDTWELVE MONTHS: YES xx NO.
Please Note: The signature and company name must be the same as on page one of
this bid form.
BIDDERS NAME: Luke Facarazzo
COMPANY NAME:.Lukes' Landscaping, Inc.
CITY OF AVENTURA
BID NO. 96-11-26-2
PAGE NO.... 11
This is not an order
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
BONDING REQUIREMENTS:
The bidder, in submitting this bid, must include a 5% bid bond for the total oost of the bid.
Such bond may be in the form of a ~ertified or cashier's check or approved bid bond in the
amount of 5% of the total amount of the bid based on one (1) year cost.
PERFORMANCE & PAYMENT BONDS:
The City of Aventura shall require the suooessful bidder to fumish performance and
payment bonds, each in the amount of 100% of the total bid price~ with the City of Aventura
as the obligee, as secunty for the faithful performarme of the <x)ntract and ~or the payment
of all persons .performing labor or furnishing materials in connection herewith. The bonds
shall be with a surer7 company authorized {o do business in the State of Florida.
PRE-BID CONFERENCE - SITE VISITS:
It is mandat(xy that allbidders attend a pre-bid con~renoe and tour of all areas contained
in the s~. Bids will not be aooepted from bidders who did not attend the pre-bid
confererme. No pleas of ignorenoe by the bidder of conditions that exist, or that may
hereirtafter exist as a result of failure ¢o make {he neceseary examinations or investigations
or failure to fulfill in every detail the requirements of the contract documents, will be
c f ~a~=~ed_ a.s basis for varying the requirements of the City of Aventura or the compensation
The pre-bid (x)nfererme and tour will take place on TUESDAY, NOVEMBER 12, 1996
STARTING AT 10:00 A.M. STEP OFF LOCATION IS AT GOVERNMENT CENTER
LOCATED AT 2999 N.E. 191 STREET, SUITE 500, AVENTU _RA, FLORIDA 33180. Please
BIDDERS NAME: Luke Facarazzo
COMPANY NAM~ Lukes' Landscapins, Inc.
CITY OF AVENTURA
This is not an order
BID NOn 96-11'25-2
PAGE NO. 12
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
A. LOCATIONS OF WORK
1. Accompanying this specifmation is an area map listing area sites which are categorized
by medians, right-of-ways, easements, and swales. By submitting a bid, the bidder-certities
that he/she is familiar with the sites and the proposed scope of work, prior to submitting a
bid. The City reserves the right to remove specific locations on a temporary or permanent
basis, as deemed appropriate. The City also reserves the dght to award the locations to
multiple bidders to attain the best possible service and pdce..
1. All equipment shall be maintained .in an effiCient and safe operating condition while
performing work under the contract Equipment shall have all proper safety devices required
by law, propedy maintained and in use at all times. If equipment does not contain proper
safety devices and/or is being operated in an unsafe manner, the City may direct the
contractor to remove such equipment and/or the operator until the deficiency is corrected
to the satisfaction of the City of Aventura. The contractor shall be solely responsible and
liable for injury to persons, and/or property damage caused by operation of the equipment.
All equipment will be. inspected and evaluated by the City of Aventura Landscape Architect
prior to award of this bid.
Special equipmertt required (in addition to Standard_Maintenance Equipment).
1. . The contractor must own the foll0wingeqUipment:
* One hydraulic bucket-truck with a reach capaCity of n° less
than 50 feet
* Orte front-end loader with beckhoe, with I~ cepacity of no lees
than 2000 lbs.
* One brush chipper that handles limbs up to 3" diameter
* One stump gdnder that gdnds stumps to min. 6" depth
* A two-way communication System between all of the
contractors service vehicles ~d. th/eir main ~)f~ce
BIDDERS NAME: Lake Facarazzo --
COMPANY NAME:.~ukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
BID NO. ~
PAGE NO.... 13
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
C. SA'I~ELLITE STORAGE AND MOBILIZATION FACILITY
1. The contractor must operate at least one storage and mobilization site within the City
limits of the City of Aventura, within 60 days of award, as follows:
mo
The storage site may be totallyenclosed or may be open and surrounded by
a six foot height, Iockable, chain-link ferme.
The storage site must have a minimum of 1200 sq. fl. area, with a minimum
240 sq. ft. of fully enclosed, Iockable, and secure materials storage area, and
must be continually available to the contractor for the full duration of this
. contract. The City~=~rves the dght to inspect this ~acility prior to award of
bid, and at any time dudng the course of this contract. The contmotor will
have 60 days to secure the storage site after award of contract.
D. SCOPE OF WORK
1. Con--shall maintain the<=ontrac~uallycovered 4andscaped areas at'the frequency
rate prescribed with <x)nventional production she mowing and lawn maintenance
equipment.
2. Contn~or shell maintain all other areas as ~'equired by City dudng the course of this
contract.
E. PROFESSIONAL ORGANIZATIONR - '-
1. The contractor, as a minimum, must be a member, in good standing, of the following
organizations:
B.
I~lorida Nurse .ry.~. en & Growers Association (FN~GA)
ational Arbonst ~ation (NAA)
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' Landscapins~. Inc.
CITY OF AVENTURA
This is not an order
BID NO. ~
PAGE NO. ,, 14
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
2. The Contractor shall provide proof of membership with the bid submittal.
DEFINITIONS
1. If the Contractor intends to use sub-contractors to perform work on this contract, these
sub-contractors are subject to approval by City. ,
2. Maintenance as defined for bid purposes shall include: Litter, trash, and debris removal
and disposal; mowing; edging; hedge trimming; selective tree trimming; raking; sweeping;
wccding, weedeating, herbicide applications, fertilization, insect control, irrigation system
repair, and landscape r~hfing maintenance, including, but not limited to, adjusting Of timers
and maintaining photo cells, and maintenance of all street and landscape furniture and
structures, as defined by the City.
G. SPECIAL CONTRACT REQUIREMENTS
1. The President/Chief Operating Officer of the contracting firm must be. available to attend
meetings with the City and/or it's designee within 24 hours of notification.
2. Dudng City special events, the contractor must be available to coordinate the shutting
down of the irrigation pumps, and be available for maintenance duties related to special
events .......
3. All of the contractor's employees must wear bright orange shirts 'that identify the
company name, at all times.
4. Maintenanoe of traffic must. conform to the current edition of the FlOdda Department of
Transpodafion (FDOT) Roadway and Traffic Design Standards Indexes (600 Series), the
Standard Specifications for Road and Bridge Construction and the Manuals on Uniform
Treffic Control Devices, as a minimum criteda. ~-'-~' ~-- ~~z,
BIDDERS NAME: Luke Facarazzo
COMPANY NAME:Lukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
BID NO. 96-11-25-2
PAGE NO. 16
5. Landscape lighting on Aventura Boulevard is to t)e checked, adjusted, and repaired as
needed to maintain continuous lighting.
6. The jogging path on Country Club Ddve (2.9 miles) has {he ~oltowing r~:luirements:
A. All shrubbery edjaoent to jogging path must never be allowed to cross the
edge of the path.
B. All irrigation zones adjacent to path shall water from 10:00 P~M. to 6.00 A.M.
ONLY.
C. All paper and debris are to be cleaned and removed daily.
D. Path must be cleaned a minimum of three times per week, with at least one
cleaning and pick-up {o cocur on weekends, subject {o change and .approval
by the City.
7. The eontmctor, or an employee of the <x)ntractor approved by the City, must be on 24
hour call, at all times, for emergency purposes.
8. The conlractor, on an immediate and'~st pdodty basis, shall be available to the<.~ity to
clear roadways or acoess areas in the event of an Act of God (ie. storm, tornado, or
hun, icane) or ~ auto aocident ~ causes ,a tree. to ~all and block a roadway or pedestrian
area, or any omer emergency (:leemed by the City Manager. ":
9. Thecontmotor shall be available to rc.~.t with all pubr~c utilities to locate all irrigation and
hydraulic lines prior to excavation by the utility company. The contractor is to act as the
City's representative in order to avoid unneeessary damage to irrigation lines.
10. All benches located on public medians and rights-of-way are to be keat cle~n ~nd all
trash receotacles ara to be emotied on a daily
BIDDERS NAME: u e Facarazzo
COMPANY NAME: Lukes' Landscaping, Inc.
CITY OF AVENTURA
BID NO. 96-11-25-2
PAGE NO. 16
This is not an order
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
11. No fuel, oils, solvents, or similar materials are to be disposed of in any catch basins.
The contractor must closely adhere to local, state, and Federal Environmental Protection
Agency requirements, and is responsible for all non-compliance penalties.
12. All structures and monuments, located on City medians or rights-of-ways shall be
checked for graffiti and cleaned weekly.
13. The contractor must have substantial experience in the landscape and irrigation
maintenance of public rights-of-way including medians and high traffic roadways. This
experience must include a minimum of five years experience in this type of work. Proof of
such shall be required at bid submittal.
14. Ail trees adjacent to the helipad located on West Country Club'Ddve must be trimmed
so as to not exceed'25' height, or lower, as requested by the Federal Aviation
.Administration (FAA).
i15. Aedal spraying of trees, 'with the exception of Royal Palms, is prohibited due to
extensive bird and wildlife habitat located on the golf course.
16. The contractor, at his satellite storage facility, must maintain an adequate supply of
lumber for bracing of fallen trees, as follows: ~=. . : .. . .
1. 2 x 4's x 16' length (minimura, qua.n, tity ~ 36).- .
2. 3 x 5's x 8' length (minimum quantity -36)
17. The tennis court located on Country Club Drive adjacent to the Del Vista Towers will
require the following maintenance:
B.
Inspect tennis court on a daily basis
Repeir damaged wind screen, as needed. ~_.
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' Landscapins, Inc.
CITY OFAVENTURA
This is not an order
BID NO. 96-11~25-2
PAGE NO. 17
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
Ho
Co
Adjust irrigation systems so as to not water adjaeent to tennis<ouR after 5:00
A.M.
Provide ~ennis court roller and remove ex~ess waterfromcourt, as needed,
to allow the court to be used as soon as POssible a~ter rainfall.
REQUIREMENTS FOR EXISTING IRRIGATION SYSTEM ON COUNTRY CLUr~
DRIVE & AVENTURA BLVD.
1. The irrigation system is a {ooped, fully charged system maintaining downstream p~ure
orS0 PSI.
2. The irrigation system consists of approximately 3.8 miles of 6" PVC, schedule 40 main
line, 2 miles of 4" PVC, schedule 40 main line, 28 miles of 3" PVC Sub-main, and 3.6 miles
of 2-1/2" sub-main. These sub-mains feed the following:
A. 14 Toro Monitor II, hydraulic andelecMccontrollers, located throughout the
property - up to 23 zones POr controller.
3. All lateralzones start with 2" or 1-1/2" pipe and descend aocordingly.
4. Ail irrigation repairs of 2-1/2" or larger must use high pressure PVC oement and be
~.simessed-b~ed, all irrigation ~epairs of 6" or larger must use mechanical 5/8", threaded,
ir couplings, and all 6" 90's and 45's may need to be installed'using conorete pour.
.5. Ail lm:eaks in inigation system sub-main ,(2-1/2" and abo..ve) must be isolated in'the field
,n order {o shut down a section of the loop, and not the entire looP.
6. Ail isolation valves will becast iron, mechanical valves; NOT typical spindle valves.
7. Ail controls to be calibrated and all ~ones to be inspected on a weekly basis.
8. After all main-line repairs, system must be bled to release all air that may bej~sent in
the pipes in order to prevent air-hammering. ~_~
BIDDERS NAIVE:,, Luke Facarazzo
COMPANY NAME: Lukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
BID NO. ~
PAGE NO. 18
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
9. All irrigation breaks or malfunctions must be repaired by the Contractor within 24 hours
notification by City (including weekends).
I. PUMPING STATIONS FOR COUNTRY CLUB DRIVE AND AVENTURA BOULEVARI')
1. The irrigation water is fed from the adjacent lake. Water runs from the lake to.a filtration
tank. The filtration tank consists of 3 aluminum screens that are graduated in decreasing
size. (these screens ara to be cleaned on a weekly basis). From the filtration well the water
goes to the pumping tank.
2. The pumping and f;ii~a~ion tanks will nccd to be monitored regularly for.sediment build-
up. A jet-vac may be required to adequately dean sediment build-up. Failure to monitor
this sediment build,up will result in increasingly dogged Clayton Valves.
3. The pumping station is an Aquaturf pumping station powered by twin 25 HP, vertical
turbine pumps that create a fully pressurized system.
4. Ail timing sequences are to be set as to not exceed a velocity of 5 feet per seCond. This.
is mandatory in order to prevent excessive main-line pipe wear.
5. All valves, flow meters, electrical controls, micro-switches, Clayton Valves, and other
components must be maintained on a regular basis and records mustbe kept.on amonthly
basis, regarding water consumption. This information is to be supplied to the. City in casa
warranty repair work on the turbine pumps la required. In addition, and based on an
agreement with the South ~ Water Management District, water consumption must be
monitored so as to not ex,ccd the allotted monthly usage.
6. Due to debris that is present in the 'lake water, daily inspections and/or adjustments are
required for the Clayton valve. Failure to do so may cause mecessive downsb-eam pressure
and/or line failure. ~
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
MEDIANSfRIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
BID NO. ~
PAGE NO.. 19
7. C0ntraotor will be ~esponsible (o repair all main-line breaks due (o over-pressurization
-of system.
8. The Y-strainer must be kept clean and free of debris.
J. STATIC SYSTEM FOR HYDRAULICS
1. The static system for hydraulic<~ontrollers is fed by City water.
2. AO.5 HP pump provides the pressure boost to maintain approximately 4.2 miles of 1/2"
PVC.
3. Static line pressure is to be kept at 10 PSI ,above main-line pressure.
4. All s~atic line leaks must be identified and ~'epaired immediately~ in order to minimize
water loss.
K. WILLIAM LEHMAN CAUSEWAY
1. The William Lehman Causeway (North & South sides) is i~gated through sub-surface
irrigatio~supplied by a 2-1/2" Dade County water supply, and controlled by an Impedal
Valet ~imer with 20 zones.
2. The Sub-surface irrigation must be flushed with Di-solv, at manufacturer's retes, to
maintain water f~m-(x~'~n throughOUt the system. The (x)st of this chemical flush is to be
borne by the Contn~tor.
3. The filter for the subTsurfane irrigation is a 200 mesh, 75 micron filter that must be
cleaned on a weekly betas. ,
BIDDERS NAME: Luke Yacarazzo
COMPANY NAME:.. Lukes' Landscaping, Inc.
CITY OF AVENTURA "'
This is not an order
BID NO. ~
PAGE NO. __ 2O
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
4. Due to excessive run-off, no granular fertilizer is to be used on the William Lehman
Causeway. Use liquid fertilizer only following frequency and application rates as defined
on Sheets 20-22 of these specifications.
L. IRRIGATION REPLACEMENT, REPAIR & RETRO-FITTINR
1. The contractor, at his expense, will be responsible for the improper replacement, repair,
or retrofitting of all irrigation components. The wholesale cost of parts only will be borne
by the City, with proper documentation and approval by the Citys' Landscape Architect.
M. DELIVERY, STORAGE, AND HANDLING
1. Deliver fertilizer materials in original, unopened, and undamaged containers showing
weight, analysis, and name of manufacturer. Store in manner to prevent wetting and
deterioration.
1. Fertili~.er and insect/disease control .materials (all rates as established by accepted
horticultural standards, manUfacturer's recommendations, end as approved by Citys'
Landscape Architect).
1.
2.
o
February - Apply granular 20-0-20 with Atmzine
May - Apply liquid 16-4-8 with micro-nutrients and Pyrethdn insect
control.
September - Apply liquid 16-4-8 with micro-nutrients and PYrethin
insect control.
December- Apply granular 20-0-10 with Atmzine.
The Spdng thru Fall application rates for lawn areas .will vary
according to weather and environmental conditions, but typically
average 75 granular;pounds per 1000 sq. fL ./~
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' Landscaping, Inc.
Co
CITY OF AVENTURA
This is not an order
BID'NO. 96-11-25~2
PAGE NO. _ 21
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
Palms (ex<~etot Phoenix Da~tilifera and Phoenix Canariensis Date Palms)
2.
3.
4.
Apply four applications per year(at quarterly intervals) of liquid 1B-4-8
with micro-nutrients and granular 13-3-13 with mioro-nutrients.
The time of the applications will ~oincide with.the lawn applications.
The liquid and granular applications will alternate throughout the year
(2 applications of liquid and 2 of granular).
,Supplemental Manganese SuE-ate and Sul-po-mag may be required to
correct nu{rient deficiency.
T.r'ees
1. Three applications per year of 13-3-13 granularfortilizer.
Shrubs and C-roundeover
Four applications per year(each throe months). Flowering shrubs are
to ~reoeive applications of granular 8-10-10 $CU with micro-nutrients
supplemented with liquid 16-4-8 with mlero-nutdents. Non-flowering
shrubs are.to reoeive applications of granular and liquid 16-4-8 with
m~ts.
Due to {ack of abov~ground irrigation, the William Lehman Causeway
plant material is to reoeive four applications per year (each three
months) of liquid 16-4-8 with mia'o-nutrients (no granular fertilizer is
robe used), ,
Seasonal Color
Apply one initial and one "mid-term" application of Nutricote total 70
day 13-3-13 fertilizer for each seasonal color planting.
., . BIDDERS NAME: Luke Facaraz~o
COMPANY NAME: Lukes' Landscapins~ Inc.
CITY OF AVENTURA
This is not an order
BID NO. ~
PAGE NO. 22
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
Phoenix Dactilifera and Phoenix Canadensis (Date Palms)
Fertilization: Palms to be fertilized four times per year in the months
of February, May, August and November. Fertilizer to be 12-6-8 SCU
with minor elements. The rate of application shall be 10 pounds per
palm pe~r.~pplicafion.
Dise~'~l: Three times per year all-palms will be treated with
a systemic fungicide(s) which is labeled for Fusadum, Pithium and
Phythophthora~ These applications will be performed as a root drench
during the months of March, July and November and are considered
to be preventive maintenance.
Observation: It shall be the contractors obligation to perform regular
monthly inspections of .the palms and report to the City any site
condition which may be detrimental to the health and vitality of the
palms. Further, the Contractor is'rasponsible to report the
development of disease or other problems along with recommended
solutions. These reports ara to be written and should be received by
the City no later than ten days after each inspec0on. It is required that
the City be notified in advance of planned activities in order to allow
them {o witness and record the applications.
Bougainvillea Only
Fertirme four times pe~year (equally spaced) with 1/3 cup per plant of
LESCO 8-10-10 (or equal). Keep all fertilizer minimum 6" away from
trunk of plant In addition to this fertllizatiom, fertilize at each "tip-back"
pruning time.
Insect and disease activity, other than Date Palms, will be treated on an "as-
needed" basis upon inspe~tien. Required service calls between scheduled
maintenance will be at Contractor's expense.
BIDDERS NAME: ~.uke Facarazzo
COMPANY NAME: Lukes' Landscaping, Inc.
CITY OF AVENTURA
BID NO. ~
PAGE NO. _23
This is not an order
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
O. HERBICIDE
1. Trees and palms within lawn area: Spray area 2" away from trunk, with Round-up by
Monsanto Manufacturing Company: Do'not spray tree leaves, suckers, or open wounds.
Do not ~use weed-eater for trees and.oalms within lawn ama. (Do not spray herbicide near
Phoenix Date Palms).
P. PREVENTIVE SPRAY FOR INSECT CONTROl
1. Lawn: Spray all lawn areas, as required, for oontml of all chinch bugS, army worms, sod
webworm, fungus and other pests. Spraying shall be aOaomplished (at Contractor's
expense) by State oft=londa and Dade County lioensed pesticide <3ontrol company, using
Integrated Pest Management Principles.
2. Shrubs: Spray shrubs and ground oover(exduding bougainvillea), as needed, with
Orthene by Ortho Manufacturing company. Follow mana~loturer's instructions, for
application, using lntegra~:l Pest Management P~inciples.
.N_O_.TW__ITHSTANDING ANY. LANGUAGE IN THIS CONTR~kCT, ALL CHEMICAL
APPLICATIONS SHALL REQUIRE VVRITTEN APPROVAL BY CITY PRIOR TO
.AP._P. LIC__ATI_ON. CONTRACTOR SHALL SUBMIT YEARLY, QUARTERLY, AND
Q. MOWERS AND EDGERS ' ·
1. Ail mowem shall be edjusted to 2 1/2" cutting height, shall be in good repair, shall have
no oil or gas leaks, and shall be equipped with grass catchers.
2. All mowers must be mulching.type mowers with no discharge.allowed. '
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' .Landscaping, Inc.
CITY OF AVENTURA
This is not an order
BID NO. ~
PAGE. NO. 24
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
3. All equipment must be maintained in sound working condition in order not to exceed
comfortable decibel levels.
4. Edgers shall be in good repair, shall have no oil or gas leaks, and shall.provide a clean
straight edge not mom than 1/2" away from walks.
R. MULCH (Excluding the west side of Biscayne Blvd. and the William Lehman Causeway).
1. Premium grade Cypress or Eucalyptus bark mulch (provide evidence of type and grade
of mulch, to City,-pdor to delivery, for approval by Citys' Landscape Architect).
2. Mulch all planting areas not covered by shrubs, ground cover, or existing mulch (once
per year), so as to effect a 3" deep mulch depth.
3. Contractor will provide and install all required mulch at his expense.
S. METHODS OF MAINTENANCE
1. Mowing ~3f lawn areas
2. 'Edging
Mow and edge all lawn areas every {eh (10) days from October 1thru April
I and every seven (7) days from April ! thru October 1;(40...c~'..s)
Remove and properly dispose of all viable grass clippings from site.
Edge, as required, to maintain a neat, clean appearance.
Maintain shape of planting beds as originally designed.
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' Landscapins, Inc.
CITY OF AVENTURA
This is not an order
BID NO. 96-11.25.2
PAGE NO. 25
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
3. Tdmming
Lift all t~es over 20' height and adjacent to walks and vehicular areas to a
minimum of 12' of clear trunk. Maintain minimum of 8' dear trunk for all' other
trees.
Trim ~hrubs and ground cover, as needed, to meet the criteda set forth in
FDOT Index 546, which mandates a maximum height of 24" from top of
a~jacent curb.
The ficus tree semen on the west side of Biscayne Boulevard isto be
trimmed and maintained (top and beth sides) at the same height and spread
as it presentlyexisls. In addition, remove all invasive exotics growing in and
around these trees.
Eo
Ho
Remove dead and dying 'fronds from palms, as needed, for clean
appearance. Use no climbing spikes. Trim Co(3onut Palms (frond and ~,'uit
· emoval) three times per year.
Selectively trim existing trees in aooordanoe with National Arborist
~a.ti_o~l~,,and~ Da.de .County_s*,andards and prectiees,- to maintain a
,, .., , u,, ~ o .~, ot'~lear azmk. ,l~ernove suckers, sheots, and dead or dying
brermhes. Alltree, palm,, and shrub pruning is inclUded in this contract.
Do no major flee or shrub p~uning between November 1st and March 15th,
unless requested by City.
Maintain integrity oforiginaldasign when trimming. Do not box plants whose
habits of growth does not lend. itself to this type of trimming.
Use no machete for trimming. ~.~ ~~
BIDDERS NAME: Luke Facarazzo
COMPANY NAME:...Lukes' Landscaping, Inc.
CITY OF AVENTURA
This is not an order
BID NO.~
PAGE NO. ,. 26
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
Haul away all trimming debds from site, and properly dispose of at
contractor's expense.
When Bougainvillea is out of bloom, immediately begin "tip-back" 'light
pruning.
4. Weeding
Hand pull weeds in shrub and ground covet'area,, as needed to maintain a
clean appearance.
5. Clean-up
A. Vacuum all walks, drives, roads, and pedestrian areas.
Remove all excess soil, trimmings, debris, and equipment from site after e~ch
vise
All debris removed from the City of Aventura is to be disposed of at an EPA
and State of Flodda approved dumping site, at Contractor's expense.
T. PAYMENT
1. The payment process begins when the contractor notifies the Director of Community
Services or designee of work completed.
2. The contractor is to notify the Director of Community Services or designees office by
9:00'a.m. of the following work day regarding work areas completed. Following such notice,
the City shall inspect the maintenance area indicated within 24 hours. If the contractor's
performance does not show completior~ of maintenance items previously described, the City
shall request, and require corrective action to be taken at n~o~charge to the city;
BIDDERS NAME: Luke Facarazzo
COMPANY NAME: Lukes' Landscapins, Inc.
CITY OF AVENTURA
This is not-an order
MEDIANS/RIGHT-OF-WAY MAINTENANCE
SPECIFICATIONS
BID NO. ~
PAGE NO. _ 27
3. Payment for work shall be authorized upon evidence of completion, and will nocur on a
monthlY basis. Payment will be made by the 12th of the month 'for work oompleted the
previous month.
4. Any additional work requested within the scope of work shall be charged at the cost per
cut rate. The contractor will be given at least 24 hours notice pdor to a call for service.
5. NON-CONFORMANCE TO CONTRACT CONDITIONS:.
The City of Aventura may withhold payment or reject areas which are 'found, upon
examination, not to meet the specl/ication requirements. Upon written not~T~cations of
rejection, subject areas shall be rectl~n~ within/ive (5) calendar days by the vendor at his
expense. Rejeoted areas lelt longer than fifteen (15) days will be regarded as abandoned.
Rejection ~or non-co~formanoe, failure to provide services conforming to specifications, or
failure to meet service schedules, may ~'esult in'the Contraotor being held in default and
shall authorize the City {o {erminate the contract =upon notice to the Contractor.
BIDDERS NAME: Luke Facarazzo
COMPANYNAME: Lukes' Landscapins~
Inc.
RIGHT-OF-WAY
MEDIAN MAINTENANCE
INnTAL 12 MoNTHs
Bid No. ~
Page No. _ 28
Six Month Six Month
Cost for Cost for Total
ITEM RIGHT OF WAY Maintenance Maintenance Cost J Cost Per
# EOCATIONS Apr-Sept Oct-Mar Per 12 Mos.~] Additional Cuts
Row Right-of-Way of N.E. 190th Street
1
from N.E. 29 Ave. to Count,'y Club Dr.
4,727.32 3,272.6~' 8,000.J $182.00
Row Right-of-Way of the William Lehman
2 Causeway from S.R. 5/Biscayne Blvd.
/
to tum around at foot of .bddge 6,000;00 18,000.0£ 44,000. [1.,000.00
Row Right-of-Way of country Club Or. from the
/
3 William Lehman Causeway on the north to
the William Lehman Causewa¥ on the south 8,50(~.00'40,500.0£ 99,000. [2,250.00
Row Right-of-Way of Aventura Blvd. from S.R.5/
4 Biscayne Blvd. to Country Club Drive
,10,636.3 7,363.6( 18,000. / 410.00 ~'
Row Right-of-Way of N.E. 207th Street from
5
S.R. ,5/Biscayne Blvd. to N.E. 34th Avenue
I12,402.0, 8,598.0£ 21,000. 477.00
Row Right-of-Way of N.E. 34th Avenue from
6 Count~y Club Drive to N.E. 214thStreet 7,098.0~ 4,902.0£ 12,000.I 273.00
Row West side of Biscayne Blvd. from ~
7 Ives Dairy Road to N.E. 183rd Street
I
10,636.3, 7,363.6~ 18,000. [ 4]0,00
Sub-Total Right-of-Ways 220,000.
TOTAL BID FOR RIGHT-OF-WAYS AND CITY
MEDIANS FOR 12 MONTHS 220,000
BIDDERS NAME: Luke Facarazzo
COMPANY NAME:Luke$~ Landscapia, Inc..
CITY OF AVENTURA
This is not an order
SPECIAL CONDITIONS
Please list NAME OF AGENCY, ADDRESS, PHONE NO., AND CONTACT PERSON of
any other Governmental Agencies or Quasi-governmental agencies for which you have
done business within the past ~ve years.
1. The-'Joint Council of Aventura, C/O Robert's Management, 1885 Northeast
149th Street, North Miami, Florida 33181 (305)936-2455, Mitch~ll Reich
2. North Bay Village, 7903 East Drive~(Kennedy Causeway), North Bay
Village, Florida 33141, (305)865-0506, Robert Pushkin
DDERS NAME._..Luke Facarazzo
COMPANYNAME:, Lukesf Landscaping, Inc.
CITY OF AVENTURA
This is not an order
BIDDER QUALIFICATION
The Bidder's response to this questionnaire will be utilized as part of the City's overall Bid
Evaluation and Contractor selection.
- Number°f Public Right-of-Way (inciuding medians and high traffic roadways)
Maintenance Contracts in excess of $100,000 per year
A) In the past 5 years 1
B) In the past 10 yearn I
List Public Right-of-Way (including medians and high traffic roadways)
Maintenance Contracts
ProjectNameT. he Joint Council of Aventura
ClientName Th~- ,loJnt Col]nci] of Avmntura
Addres~ 1885 Northeast 149th Street~ North Miami~ Fi
Contact Person Mitchell Reich
Contact Person 'l::el. No.
33181
Project Name
Client Name
Address
Contact Person
Contact Pemon Tel. No.
Project Name
Client Name
Address
Contact Person
Contact Person Tel. No.
CLASSIFICATION
,OF WORK
SUBCONTRACTORS
In the form below, the Bidder shall list all Subcontractors to be used on this project if the
Bidder is awarded the Contract for this project.
Post control
NAMEANDADDRESS
OF SUBCONTRACTORR
Trugreen Chemlawn, 10130 Springtree Lake Drive
Sunrise,. Florida 33351
~ Pump station
Pat Woolbert,. 5880 Northwest 46th Manor
Coral Springs, Florida 33067
~ump repairs
Sullivan Electric & Pump, Inc., 2115 North
Suite #8, Lake Worth, Florida 33461
7th Ave
IDENTICAL TIE BIDS- Preference shall be given to businesses with drug-frae
workplace programs. Whenever two or mom bids which are equal with respect to pdce,
quality, and .service are received by the State or by any political subdivision for the
procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug~ffee workplace program.shall be given preference
in the award process. Established procedures for prooessing tie bids will be followed if
none of the tied vendors have a drug-free workplace program. In order to have a drug-free
workplace program, a business shall:
1)
Publish a statement notifying employees that the unlawful manufacture, distribution,
.dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against emploYees for
violations of such prohibifion~
2)
3)
4)
Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-flee workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services
that am under bid a copy of the statement specified in subsection (1).
in the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days afle~ such conviction.
s)
6)
Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance .or rehabilitation program, if such is available in .the employee's
community, by any employee who is so convioted.
Make a good faith effort to continue to maintain a drug-free'Workplace through
implementation of this section.
Asthe
above
person authorized to sign the statement, I certify that this firm complies fipllY-With the
requirements..
VENDOR'S SIGNATURE
Public Entity Cdmes
.P, ursuant to the provisions of paragraph (2) ia) of Section 287.. 133, Florida State Statutes
~. person or affiliate who has been placed on the convicted vendor list following;
conviction ~or a public entitycfime may not submit a bid on a contract to provide any goods'
or serviees to a publicentity, may not submit a bid on a.contract with a public entity for the
.construction or repair of a public building or public work, may not submit bids on.leases of
real property to a public, entity, may not be awarded to perform work as a .contractor,
supplier, sub3ontraotor, or consultant under a.contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount Catego~ Two
of Sec..287.017, F.S. for thirty six months Trom the date of be ng plaeed on the-convicted
vendor;list",
Conflicts of Interest
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida
State Statutes. Offerors must disclose with their proposals, the name of any officer,
director, partner, associate or agent who is also an officer or employee of the City of
Aventura or it's agermies. '
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to The City of Aventura ~
by Luke Facarazzo
for Lukes' Landscaping, Inc.
whose business aGC~re~s is 3920 Northwest ~4th Avenue
Hollywood, Florida 33024
and (if applicable) its Federal EmPloyer Identification Number (FEIN) is 59-1587233
(IF the entity had no FEIN, include the Social Security Number of the individual
signing this swom statement: 131-3,8-6533
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g),
.Florida Statutes means a violation of any state or federal law by a person, with
respect to and directly related to the transection ot~ business with any public entity
or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any bid or contract for goods or services to be Provided
to any public entity or an agency or political subdivision of any other state of the
United States and involving antitrust, fraud, theft, bdbery, collusion, racketeering,
conspiracy, or matedal misrepresentation.
I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b),
~ means a finding of guilt or a conviction of a public entity crime, with
or without an adjudication of guilt, in any federal or state trail court of record relating
to charges brought by indictment or information after July 1, 1989, as a result of a
jury verdict, nonjury trial,' or entry of.a plea of guilty or nolo contendem.
I undemtand th~ an "affiliate" as delined in Para. 287.133(1)(a), :~,
1. A predecessor or successor of a person convicted of a public entity crime; or
2. Any entity under the control of any natural parson who is actiVe in the
management of the entity and who has been convicted of a public entity crime. The '.
term "affiliate" includes those officers, directors, executors, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate.
The ownership by one pemon of shares constituting a controlling interest in another
pemon, or a pooling of equipment or income among pemons when not for fair market
value under an arm's length agreement, shall be a prime facle case that one person
controls another pemort A person who knowingly entem into a joint venture with a
person., who_ has been convicted .of a public entity crime, in Flodda dudng the
precec~ing ~6 months shall be conmdered an affiliate.
I understand that a "person" as defined in Para. 287.133(1)(e), Flodda Statutes,
means any natural person or entity organized under the' laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or serviCes let by a public
entity, or which Othen~ise t~ansacts or applies to transect business with a public
entity. The term "persons" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are actiVe in management of
any entity.
Based on information and belief, the statement which I have marked below is true
in relation to the entity submitting this sworn statement. (Indicate which statement
applies.)
~ x~ Neither the entity submitting this swom statement, nor any of it's officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in the management of the entity, nor any affilieZe of the entity has been
charged with and convicted of a public entitycrime subsequent to July I 1989.
The entity submitting this sworn statement, orone or more of its offisers,
directors, e~(eoutives, partners, shareholders, employees, membem, or agents who
are active in ~ management of the entity, or an affiliate of the entity has been
charged with and convicted of a public entity odmesubsequent to July 1, 1989.
Tho entity submitting this sworn ~nt, or one or more of its officers,
directors, executives, par~ers, shareholders, employees, members~ or agents who
are active in the menagement of the entity, or an affiliate of the entity has been
charged with and <x)nvicted of a public entity crime subsequent to July 1, 1989.
However, therehas bc. cna subsequent procccdin,, beTom a H^--~-- ~ .....
.... . .... ~ ~.a~. ~1 umcer or me
~at~alal~of~n/i~fon~A~:l~=,n,.s_~. t~..e H_e?.nn. gs and the Final Order entered by
..~ ~..__, ,u..~_..~__~r__m?.~.. e of. F~.~a,_D_lvlslo.n .of Ad. ministmtive Headngs and
· '~ . ,,..~. ~..t ~ pli=K~ ~ en13ty suDmittJrl~ this ~ terr~nt
venaor I~st.~Attach · copy of the final ord'.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
~OF~F~IC~,E~,,, ~'~3_R, .1"~ .E_PU_.B._U~.__E _1~_ Ty IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE I$
~.*.~r'~ ~u.c~ b_..N.~l~_ ONLY AND, THAT THIS FORM IS VALID THROUGH
,,~.~..~l_.U.~_!H..t:_ _C_~_ENDAR YEAR IN WHICH IT IS FILED. I ALSO
_U. IRED TO INFORM THE PUBLIC ENTITY PRIOR TO
~ m~,u P, ~JUNrRACT IN EXCESS OF '
PRO ED I. S CTIO. LOR, ^ ST^T,
ANY, CHANGE IN THE INFORMATION CONTAINI~D I- '~'I:HI' ~OR"'~l~l.~r~'r ,wu
Luke Facarazzo
(Pdnted Name)
President
(Title) ~
Sworn {o and subs ~cri~Lbefore me this
Personally known
Or Produced Identi~cafion
(Type of Identification)
da~, 19
Notary Public - State of /c~,~
My Commission Expires.
I~ ~ ~"~"~ I
· . ' . "C5419~7
(Pnnt~, ~ or s~m~~~
NON-COLLUSIVE AFFIDAVIT
State of Florid~
Coun~ of Dade/Broward
Luke Facarazzo
and says that:
being ~irst duly sworn, deposes
(1)
He/She is the Owner/Officer (President)
(Owner, Partner, Officer, Representative or Agent) of
Lukes' Landscaping, Inc.
attached Bid;
the Bidder that has submitted the
He/She is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid; -
(4)
Neither the said Bidder nor any of its ol~ers, partners, owners, agents,
representatives, employees or parties' in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, direcfJy or indirectly, with any other
Bidder,/in-n, ~- pemon to submit a collusive or sham Bid in connection with the
Work for which the attached Bid has been SUbmitted; or to m~rain from bidding in
connection with such Work; or have in any manner, directly or indirectly, sought by
agreement or collusion, or communication, or conference with any Bidder, firm, or
pemon {o fo(any overhead, pro~ or cost elements of the Bid or of any other Bidder,
or to 1ix any oved~..ad, pro~ or<3osteL-wnents of the Bid priceor the Bid pdce of any
other Bidder, or{o secure l~rough anycollusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested-in the
proposed Work; ,
($)
The price or Imiees quoted in the attached Bid are fair and proper and are not tainted.
by any collusion, (x)nspiracy, connivance, or unlawful agreement on the part of the
Bidder or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
=~ Luke Facarazzo
/ // (Pdnted Name)
President
(Title)
ACKNOWLEDGEMENT
State of Floridaf2,~
County of
On this the / ~ day of //~/Ov~t,~/'J._.._~, 19
Public of the State of Florida,
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand
and official seal.
, before me, the undersigned Notary
personally appeared
and
NOTARY PUBLIC:
SEAL OF ~FFICE:
~ o?~ ~% ~o~"°T^"~ s~. (Name of NOtary Public: Print, Stamp, or: Type
~ ,.. i. Ll' d SANDERS · ·
~ ~ ~ eom~o.,.,E. ~ ~Is Comm,setoned.) .
[?0~°¢~ "v~2~0~s/ ~°ersonally ~ to me, or
D Pe~nally ident~fion:
(Type of Identification Produced)
[] DID take an oath, or [] DID NOT
take an oath.
OPTIONAL INFORMATION:
Type Of Document:
Notarized:
Number of Pages:
Number of Signatures
CERTIFICATE
(if Corporation)
STATE OF Florida )
) SS:
COUNTY OF Broward )
I HEREBY CERTIFY that a m .eeting of the Board of Directors of the _
Lukes' Landscaping Corporation
a corporation existing under the laws of the State of F1 ~r~ ,~a , held on
November 15~ ,19 96 , the following resolution was duly passed and
adopted:
'I~ESOLVED, that, as President of the Corporation, be and is hereby authorized to
execute the Bid dated, November 22 1996 , to the CityofAventura and
{his <x)rporation and {hat his execution thereof, attested by the Seoretary of the
Corporation, and with the corporate Seal affixed, shall be the official act and deed
of this corporation."
I further certify that said resolution is now in full force and elfect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
ofthe corporation this. 22nd , dayof November
19 96 '
(SEAL)
CERTIFICATE
(if Partnership)
STATE OF )
) SS:
COUNTY OF ) ~
I HEREBY CERTIFY that a meeting of the Partners of the
a corporation existing under the laws of the State of - , held on
,19 , the following resolution was duly passed and
adopted:
"RESOLVED, that,
, as
of the Partnership,
be and is hereby authorized to execute the Bid dated, 19 ,
to the City of Aventura and this .partnemhip and that his execution thereof, attested
by the shall be the
official act and deed of this Partnership."
I furthercertify that said resolution is now in 411 rome and effect.
IN WITNESS .WHEREOF, I have hereunto set my hand this
of ,_19
(SEAL)
Secretary
CERTIFICATE
(if Joint Venture)
STATE OF ) ....
) SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the P~incipals of the ..
a ~orpomtion existing under the laws of the State of , , held on ·
adopted: , ,19 , the following resolution was duly passed and
- of the Joint Venture
be end is hereby authorized to execute the Bid dated, -19..
to the City of Aventura oWicial act and deed of this Joint Venture." '
I ~rther <~tify that said resolution is now in full ~ce and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
of ,19..
, day
(SEAL) ,
CASHIERS CHECK
BID BOND
STATE OF FLORIDA )
) ss:
COUNTY OF DADE -).
KNOWALL MEN BYTHESE PRESENTS, thatwe, Lukes' Landscap±ng, Thc.
,asPdncipal, and I~,,~' '[,and~cmnJn~. Tnc..~,
, as Surety, are held and firmly bound unto the City of
Aventura, a municipal corporation of the State of Florida in the penal sum of Eleven thousand
Dollars($ 11,000.00 ), lawful money of theUnited States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors,
· administrators and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has
submitted the accompanying Bid, dated November 22, · , 19 96
fO~. Landscape-maintenance bid # 96-11-25-2
NOW, THEREFORE,
{a) Ifsaid Bid shall be rejected, or in the alternate
(b) If said Bid shall be aobepted and the Principal shall propedy execute and deliver to
said CITY the appropriate Contract Documents, and shall in all respects fulfill all
terms and conditions attributable to the acoeptance of said Bid,
then this obligation shall be void; othemvise, it shall remain in force and effect, it being
~_e~ess~.y und..e.?tood and agreed that the liability of the Surety for any and all claims
nereunaer shall In no event excccd the amount of this obligation as herein stated.
The Surety, for value received, hereby agrees that the obligations of the said Surety and
its bond shall be in no way impaired or affected by any extension of time within which said
CITY may ao~ept such Bid; and said Surety does hereby waive notice of any extension.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under
their several seals this. day of ,19
the name and the corporate seal of each corporate party being hereto affixed and thesg
presents being duly signed by its undersigned representative.
IN PRESENCE OF:
'(Individual or Partnership Principal)
fSEAL)
3920 Northwest 94th Avenue
(Business Address)
Hollywood, Florida 33024
(City/State/Zip)
ATTEST:
(954) 431-1111
~Businass Phone)
Lukes' Landscaping, Inc.
(Corporate Surety)*
*Impress Corporate Seal
IMPORTANT
By:.
Surety companies executing bonds must appear on the
Treasury Department's most current list (circular 570 as
amended) and be authorized to transact business in the State
of Florida.
FORM OF PAYMENT BOND .~ .
KNOW ALL MEN BY THESE PRESENTS:
That. pursuant to the requirements of Florida Statute 255.05, we,
, as Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Aventure, Florida, as Obligee, hereinafter called
OWNER, in the amount of Dollars ($. ) for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
sucoessors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.:- , awarded the day of ,19 ,.
with OWNER for in accordance with drawings (plans) and
specifications prepared bY which Contract
is by reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay and other consequential damages caused by or adsing
out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and
attorney's fees including attorney's fees incurred in appellate proceedings, that
Owner sustains because of default by CONTRACTOR under the Contract; and
Promptly makes payments to all claimants as defined by Flodda Statute 225.05(1)
supplying CONTRACTOR with all labor, materials and supplies used directly or
indirectly by CONTRACTOR in the prosection of the Work provided for in the
Contract, then his obligation shall be void; otherwise, it shall remain in full force and
effect subject, however, to the following conditions:
2.1
A claimant, except a laborer, who is notin pdvity with the CONTRACTOR
· and who has not received pa~rnent for his labor, materials, or supplies shall,
within forty-~ve (45) days after beginning to furnish labor, materials, or
supplies for the prosecution of the work, furnish to the CONTRACTOR a
notice that he intends to look to the Bond for protection.
2.2
A claimant who is not in privity with the CONTRACTOR and who has not
received payment for his labor, materials, or supplies shall, within ninety (90)
days after performance of the labor,, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to the CONTRACTOR and to the Surety, written
notice of the performance of the labor or delivery of the materials or supplies
and of the non-payment.
2.3
Any action under this Bond must be instituted in accordance with the Notice
and Time Umitations provisions prescribed in Section 255.05(2), FlOdda
Statutes.
The Surety hereby waives notice of and agrees ~hat any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect the Surety's obligation
under this Bond.
Signed and sealed this
WITNESS:
day of ,19.
(Name of Corporation)
(CORPORATE SEAL)
WITNESS:
IN THE.:PRESENCE OF;
By:
(Signature and Title)
(Type Name and Title signed above)
~Nameof .Corporation)
By:
(Type Name and Title signed above)
INSURANCE COMPANY:
By:.
A(lent and Attorney-in-Fact
Address:
strest)
State of.
County of
(City/State/Zip Code)
Telephone No.: . ( )
On this, the day of ,19. , before me, the
undersigned Notary Public of the State of ; the foregoing instrument was
acknowledged by (name of corporate officer), (title),
of (name of corporation), a (state of corporation)
corporation, on behalf of the corporation. ---..
WITNESS my hand
and official seal
Notary Public, State of
Printed, typed or stamped name of Notary Public
exactly as commissioned
Personally known to me, or
Produoed identification:
(type of identification produced)
c~ Did take an oath, or
c~ Did not take an oath
CERTIFICATE AS TO CORPORATE PRINCIPAl
I, , certify that I am the S~cretary of the corporation named
as Principal in the foregoing Payment Bond; that , who signed
the Bond on behalf of the Principal, was then of said corporation; that
I know his/her signature; and his/her signature thereto is genuine; and that said Bond was
duly signed, sealed and attested to on behalf of said corporation by authority of its
governing body.
(CORPORATE SEAL)
(Name of Corporation)
FORM OF PERFORMANCE BON~
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,'.
, as Principal, hereinafter called CONTRACTOR, and
, as Surety, am bound to the City of Aventura, Florida, asObligee, hereinafter called
OWNER, in the amount of Dollars tS ) for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
suooessors and assigns, jointly and severally.
;:WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of ... ,19
with OWNER for in aocordance with drawings (plan~s) an(~
specifications prepared by. , which Contract
Js~y referenoe made a part hereof, and is hereafter refe~.~ tOas the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
Fully performs ~e Contract between {he CONTRACTOR and the OWNER for
cortstmction of.. , within calendar days
after the date of contract <x~mrnencement as spe(~'fied in the Notice ~o Proceed and
in the manner presc~bed in the Contract; and
Indemnifies and pays OWNER all losses, damages,(specifically including, but not
limited to, damages for delay and other (xxtsequential damages caused {3y or adsing
out of the. acts, omissions or negligence of CONTRACTOR), expenses, costs and
oecause ot ~3etau~ oy CONTRACTOR under the Contract; and
.Upon nofJ~ncation by the Owner, oorrects any and all defective or faulty work or
.materials which appeer within one (1) year, and:
Performs the guarantee of all work and materials furnished under the Contract for
the fimespedfied in theConlmct, then {his Bond is void, othenNise it remains in f~ll
force.
Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under
the Contract, the OWNER having performed OWNER'S obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
4.1 Complete the Contract in accordance with its terms and conditions; or
4.2
Obtain a bid or bids for completing the Contract in accordance with its terms
and conditions, and upon determination by Surety of the best, lowest,
qualified, responsible and responsive Bidder, or, if the OWNER elects, upon
determination by the OWNER, and Surety jointly of the best, lowest, qualified,
responsible and responsive Bidder, arrange for a contract between such
Bidder and Owner, and make available as work progresses (even though
there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract .price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract price." as used in this paragraph, shall mean the
total amount payable by OWNER to CONTRACTOR under the Contract and
any amendments thereto, less the amount properly paid by OWNER to
CONTRACTOR.
No dght of action shall accrue on this Bond to or for the use of any parson or corporation
other than the OWNER named herein and those parsons or corporations provided for in
Section 255.005, Florida Statutes, or heirs, executors, administrators or successors.
Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Section 255.05(2), Flodda Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Surety's obligation under this Bond.
Signed and sealed this
day of ,19
WITNESSES:
(Name'of Corporation)
By:
(Signature and Title)
(CORPORATE SEAL)
(Type Name & Title signed above)
CERTIFICATE AS TO CORPORATE PRINCIPAl
I, · , certify that I am the Secretary of the corporation named
as Principal in the foregoing Performance Bond; that , who
signed the Bond on behalf of the Principal, was then of said
corporation; that l know his/her signature; and his/her signature thereto is genuine; and that
said Bond was duly signed, sealed and attested to on behalf of said corporation by authority
of its governing body.
~CORPORATE SEAL)
(Name of Corporation)
IN THE PRESENCE OF:
INSURANCE COMPANY:
By:
Agent and Attomey-~n-Fact
Address:
(Street)
(City/Sta~e/Zip Code)
Telephone No.: ( )
State of
County of
On this, the day of ,19 , before me, the
undersigned Notary Public of the State of , the foregoing instrument was
acknowledged by (name of corporate officer), (title),
of (name of corporation), a (state of corporation)
corporation, on behalf of the corporation.
VVlTNESS my hand
and official seal
Notary Public, State of
Pdnted, typed or stamped name of Notary Public
exactly as commissioned
Personally known to me, or
Produced identification:
(type of identification produced)
n Did take an oath, or
[] Did not take an oath
Bonded b~.
-- FUIUFIE
AOuI~mON --
~ INDICA11~ AREAS
TO BE MAINTAINED
CITY OF
.. AVENTURA
FUTURE
AQUIGn'ION
T mbory Associates
November 21, 1996
Mr. Eric Soroka
City Manager
CITY OF AVENTURA
2999 N.E. 191st Street
Suite 500
Aventura, Florida 33180
Dear Eric:
It is my understanding that you are currently accepting bids from landscape contractors. I would
like to take this opportunity to recommend that you engage the services of Luke Facarazzo,
Luke's Landscaping, Inc.
As you may know, Luke has been under contract with the Joint Council of Aventura for the last
nine years. During this time, I have had a very close working relationship with Luke. He was
very instrumental in the design and installation of the automated sprinkler system throughout the
Aventura complex. Additionally, he worked very closely with the bikeway/pedestrian path
contractor and he did extensive work on Aventura Boulevard after the Dade County dewatedng
project was completed. After Hurricane Andrew in 1992, Luke's presence was invaluable. He
was on the site immediately following the storm, and oversaw the tremendous cleanup and
restoration of the property.
Luke has always been extremgly responsive to our needs. He is reliable, dependable, and
possesses an excellent attitude and work ethic. I believe the lush landscaping of the Aventura
"parent tract" speaks for itself. '
In closing, I can only reiterate that Luke Facarazzo is an individual of the highest integrity and a
true professional in every sense of the word. Unquestionably, he has the capability and
knowledge to meet the landscaping needs of the City of Aventura.
I would be happy to talk with you personally should you have any questions.
lin
GJB/d
2875 N.E. 191st Street, Suite 400, Aventura, FL 33180 (305) 937-6200 Fax: (305) 933-5511
November 19, 1996
RE: Luke's Landscaping, Inc.
TO WHOM IT MAY CONCERN:
Luke Facarazzo, owner and president of Luke's Landscaping, Inc.,
has been under contract with the Joint Council of Aventura since
1988. The past nine years have shown vast improvements to this
area, in which Luke has been directly involved, such as the
complete automation of the irrigation system along Aventura
Boulevard and Country Club Drive, landscaping along William
Lehman Causeway, center median landscaping of Country Club Drive
and the landscaping of George Berlin Park, as well as working in
conjunction with Pavex for the installation of the 2.9 mile
jogging path along Country Club Drive. Of course these projects
have been in addition to the daily landscape-maintenance duties
provided by Luke's Landscaping.
Luke and his crews are always available on site to represent the
Joint Council in identifying and locating underground irrigation
components to the various construction and utility companies
which are constantly working projects in the Aventura area. This
accessibility was never more evident than in the aftermath of
Hurricane Andrew when Luke's immediate response to the Joint
Council's needs was met with expedient attention. Our roadways,
r'
walks and d lveways were cleared without delay allowing emergency
vehicles access as well as providing our residents entry to and
from their homes.
Luke's work has always been outstanding and of the highest
quality, however, it is the special services and features of this
company on which we have come to rely.
Should you request any additional information, please feel free
to contact me.
incerely, ~
Mitchell W. Reich
MWR/rm
1885 N.E. 149 Street, North Miami, Florida-(805) 947-8999
Joint Council of
Aventura
Executive Vice President
some areas ma7 never be zepaited and/or look
the same.
· la Avemura, we must first ad:nowledge the
tremendous job that o~t ~scaptng
mr, Lu~ l.m~lSc~ng, did. His first priority
was ~o cle~. debris Dom Aventma Boulevard
and theCou~lr~Clu'b Drives ~o allow access fro.
Followln~ ~e lntgal debris deagn~ for
hi. ties: agreat ~m cfrmt began the nme~ivejob
°r ffTmg t° ~csl°m our conunon areas to as dose to e~lginal condillon as possible.
way.
Pan of Ibis mare effort was t~at each lo~ Co.il member, bolh associagons a~d
Rs Y°U can see from driving throusb Ibc ak*ca, we a~e well o~ our way to rr~uu~g
Aveamm to its original, beautiful, landscaped are~
P'mally, lc~*s remember that the people fmlh~ South am still In need of help. The
Aventura Marke~in& ~u~'l is collecting monies fo~ thec~t7 of Homestead, and cbe~s
can be ~ payable to: City of Homestead Disaster Relier Fond and mailcd to ~he
AventuraMarke~ng Council, AventumCorporate Center, 20801 Biscayne Blvd., Suite
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. ,Sorok~ City I~
.a~o~re, Fir a~'n c~
u~port
Services Director
November 26, 1996
Resolution for Bank Loan/Line of Credit
December 3rd, 1996 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution which awards the
proposal for a $10,000,000 Short term Loan/Line of Credit to Barnett Bank N.A.
Background
In order to complete the short term financing for land acquisition, the City has gone
through a Request for Proposals for a Bank Loan/Line of Credit. This option was
selected because it allows the City the flexibility to issue long term debt at a later time,
once we have a better idea of the total costs of land acquisition and facility design and
construction. This general concept was discussed at the November 18t' workshop
meeting.
We advertised that the RFP was available in the November 12th edition of the Miami
Herald. We sent copies of one RFP by fax to all fourteen (14) financial institutions
located within the City and twelve financial institutions/individuals outside our corporate
limits. The list of financial institutions and contact people is included as Attachment 1.
We received sealed proposals from a total of six banks on November 18th. A listing and
brief discussion of the proposals is included in the memorandum dated November 20t',
1996 from Percy Aguila of Rauscher Pierce Refsnes (Attachment 2).
After clarifying some items to arrive at comparable proposals, Mr. Aguila has
recommended that we accept the proposal of Barnett Bank (Attachment 3).
Page (2)
Resolution for Bank Loan/Line of Credit
After reviewing the original proposals, the clarification from Barnett and Mr. Aguila's
memorandums, I agree with the recommendation of our Financial Advisor. The
recommendation is to use a $10,000,000 line of credit with a fixed rate of interest of
4.58% for a maximum term of three (3) years. There is no required payment of principal
until the end of year three (3) term (interest only). We can, however, repay the loan at
any time without penalty. This provides maximum flexibility, allowing the City to pay only
$458,000 per year on the loan and gives an excellent interest rate for the financing. We
can repay the loan by issuing longer term debt at any time during the three year period.
On an overall basis, I am very pleased with the terms, conditions and interest rate which
is included in the proposal.
Our Bond Counsel (Nabors Giblin & Nickerson) are working with the attorneys from
Barnett Bank, our Financial Advisor and staff on the final terms and conditions of the
borrowing. The final documents will be presented to the City Council for approval by
resolution at their December 17th meeting.
In the interim, we recommend approval of this resolution which accepts Barnett's
proposal and allows us to finalize final terms and conditions.
A copy of the RFP and all proposals are available in the Finance Support Services
Department.
Should you have any questions, please feel free to contact me.
HMK/mn
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AWARDING THE $10,000,000 SHORT-TERM
BANK LOAN/LINE OF CREDIT REQUEST FOR PROPOSALS TO
BARNETT BANK, N.A. IN ACCORDANCE WITH THE ATTACHED
PROPOSAL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
SPECIFIC TERMS OF THE ASSOCIATED CONTRACTS AND
DOCUMENTS SUBJECT TO FURTHER CITY COUNCIL APPROVAL;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION;; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Ordinances of the City of Aventura,
properly solicited and accordingly accepted Request For Proposals for the $10,000,000
short-term bank loan/line of credit; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Request For Proposals; and
WHEREAS, staff and the City's Financial Advisor, Rausher Pierce Refsnes, Inc.
has recommended that the loan/line of credit be awarded to Barnett Bank, N.A., who
has submitted the lowest responsible and responsive cost proposal; and
WHEREAS, the City Council, upon the recommendation of the City Manager, is
therefore desirous of authorizing the negotiation of specific terms of the associated
contracts and documents of the short-term bank loan/line of credit.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1: The City Council hereby awards the $10,000,000 Short-term Bank
Loan/Line Of Credit Request For Proposals to Barnett Bank, N.A. in accordance with
Resolution No.
Page 2
the attached proposal and subject to the negotiation and finalization of the appropriate
documents.
Section 2: The City Manager is hereby authorized to negotiate specific terms
of the associated contracts and documents subject to further City Council approval.
Section 3: The City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution.
Section 4: This Resolution shall be effective immediately upon its adoption.
The foregoing Resolution was offered
adoption. The motion was seconded by
vote, the vote was as follows:
by ., who moved its
and upon being put to a
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of ,1996.
ATTEST:
TERESA M. SMITH CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ARTHUR I. SYNDER, MAYOR
CITY ATTORNEY
Nov~bcr 19, 1996
Blm~t~ B~nk,
l~. l-Iauy NL IOlgom
2999 N.E. 19]. Smut. Suite 500
,Avcutum, Florida 33180
I~: $10,000,000 Reque~ for Pro~
Dear M~.
Pu~su~ut to you~ request ~ P~'cy Aguila's mqugst £oT ~cado~. of ou~ proposal dau~i
November 18, 1995, beJow pl~¢ fl~l th~ appmprim~ iz~e~st rate for the $10,000,000 for thc
w-ious so~rios mque~l:
A) Tiu'ee-year izge~'*e~ only for $10,000,000: 4.S8~ tam ~r~.
SSO0,O00 ~[ paydown at thc end of ~he ~ ye, ar and second year, with a balloon
p~m~nt due at
All od~r tmus ~ ;oudit{uus of our Nov~mb~ 18, 1996 Proposal l~uaiu the stoic.
Should you need m~' fur~c~ clarific~on, ple~ contact mc at 350-7055.
Sin~y,
Senior V~ President
cc: P~y A~vila
CITY OF AVENTURA
$10,000,000 REQUEST FOR PROPOSAL
Name of Financial Institution:
Address:
Telephone:
Contact Name:
Title:
Barnett Bank, N.A.
701 Brickeil Avenue
Miami, Florida 33131
(305) 350-7085
Roberto Pelaez
Senior Vice President
Institutional Banking
Roberto Pelaez
Senior Vice President
Institutional Banking Manager
November 18, 1996
Barnett Bank, N.A.
South Florida
701 Brickell Avenue
Miami, Florida 33131
305/350-7085
Fax 350-7005
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
Re: $10,000,000 Request for Proposal
Dear Mr. Soroka:
Barnett Bank, N.A. is pleased to
referenced RFP.
Bo~ower:
Amount:
Purpose:
Pricing/
Tax-Free Coupon Rate
Term/Maturity:
submit the following proposal in respOnse to the above
City of Aventura
$10,000,000
To finance the acquisition of land for a park, a Government
Center, and a police station within the City limits.
4.354% Tax-Free Fixed
The above rate is expressly subject to this transaction being
designated a "Qualified Tax-Exempt Obligation" as defined
under Section 265 of the Internal Revenue Code. The Bank
will include appropriate gross-up provision language.
3 years / December 30, 1999
The Bank is willing to extend this facility for an additional
year. The interest rate and terms will be negotiated at the
time the request is made.
Eric M. Soroka
City of Aventura
November 18, 1996
Page 2
Conditions:
1) Borrower to provide annual financial statements within
120 days of fiscal year end.
2) Borrower to provide copy of annual approved budget.
3) Pledge of Municipal Utility Taxes as provided by
Ordinance 96-03 of the City of Aventura, Florida, upon
the purchase in the City of electricity, water, metered gas,
bottled gas, coal, fuel oil, and telecommunications service.
4) Resolution by City to budget and appropriate principal
and interest payments as well as other expenses in the event
they are not covered by repayment sources.
5) Debt service coverage of 1 to 1 from the utility taxes.
6) The facility will be closed by outside counsel. We have
been advised that the total cost will be between $2,500
and $3,000, unless there are substantial deviations from
the terms and conditions set forth in this letter.
Repayment Terms:
Interest: Semi-Annually
Principal: Annually
Attached is Amortization Schedule of payments indicating
the principal and interest portion of the debt service
requirements for the bank loan.
Our obligation is subject to final credit approval which we expect two weeks after your decision.
Also, the above mentioned credit facility will be subject to the satisfactory preparation, execution
and delivery of documentation in form and substance satisfactory to the Bank, including but not
limited to the terms set forth above. All costs incurred by the Bank in this closing will be paid
by the City of Aventura.
We appreciate the opportunity to bid on this facility and look forward to your decision.
Sincerely,
Roberto Pelaez ~
Senior Vice President
Manager, Institutional Banking
Enclosure
This is our standard grosvup language. Specific wording will be subject to our outside counsel.
The interest on the Note is excludable from the gross income of the Noteholders for
federal income tax purposes and is not an item of tax preference described in Section 57 of the
Code for purposes of the federal alternative minimum tax imposed on individuals and
corporations. It is to be noted that with respect to certain corporations, such interest may be
required to be taken into account in determining adjusted net book income for purposes of
calculating the alternative minimum taxable income of such corporations. The opinions
expressed in the first sentence of this paragraph are conditioned upon continuing compliance
subsequent to the issuance of the Note by the Issuer with various covenants contained in the Note
Documents, including, without limitation, their covenants to comply with applicable
requirements of the Code necessary in order to preserve the exclusion of interest on the Note
from gross income for federal tax purposes. Failure by the Issuer to comply with these
requirements could cause the interest on the Note to be includable in gross income for federal
income tax purposes retroactive to the date of issuance of the Note. Other provisions of the Code
may give rise to collateral federal income tax consequences (which may be adverse) to particular
Noteholders. This opinion is limited to matters expressly addressed above 'and no opiuion is
expressed in this letter regarding other federal tax consequences that may arise due to ownership
of the Note.
City of Aventura Fi~: Aven_Amo .wk4
Amortization Schedule s Harnish 11/15~J6
Principal annually; 1st payment 12/30/97
Interest semiannually; 1st payment 6/30/97
Limit on year 1 payments = $3,840,000
Amount: $10,000,000
Rate: 4.354000% Per year
0.811929% Per day; 365 day year
Year1
1st funding 12/30/96
2nd funding 1/15/97
3rd funding 2/1197
4th funding 6/1/97
Total funding = Balance 6/30/97
Interest through 6/30/97
Interest 7/1/97 through 12/30/97'
Principal payment 12/30/97
Balance 12/30/97
Total payments year 1
Principal Days to next Interest
Funding interest accrual
(Payment) payment this b'anche
Balance
3,300,000.00 182 71,644.18
2,755,000.00 166 54,553.83
3,000,000.00 149 53,321.59
945,000.00 29 3,269.08
10,000,000.00
182,788.67
183 218,296.44
(3,078,914.89)
6,921,085.11
Payment
due amount
(182,788.67)
(218,296.44)
(3,078,914.89)
(3,480,000.00)
Payment
due date
6/30/97
12/30/97
12/30/97
Year2
Balance 12/30/97
Interest 12/31/97 through 6/30/98
Interest 7/1/98 through 12/30/98
Principal 12/30/98
Balance 12/30/98
Total payments year 2
6,921,085.11
182 150,259.22
183 151,084.82
(3,460,542.56)
3,460,542.56
(150,259.22)
(151,084.82)
(3,460,542.56)
(3,761,886.60)
6/30/98
-12/30/98
12/30/98
Year3
Balance 12/30/98
Interest 12/31/98 through 6/30/99
Interest 7/31/99 through 12/30/99
Principal 12/30/99
Balance 12/30/99
Total payments year 3
3,460,542.56
182 75,129~61
183 75,542.41
(3,460,542.56)
0.00
(75,129.61)
(75,542.41)
(3,460,542.56)
(3,611,214.58)
6/30/99
12/30/99
12/30/99
Reconciliation
Total funding
Principal paid
Total interest
Interest paid
Payments paid
Principal
10,000,000.00
(10,000,000.00)
0.00
Interest
853.10118
f853 10118)
Total
10,000,000.00
853,101.18
(10~85310118)
000
6
List of Financial Institutions
to Receive
RFP for
Attochment T
Financial Institutions with Offices in flxe City
Dorma D. Treshaw
Chase Fedend
29~ Aventura Blvd-
A~ ~ 33180
005) 9~-23~
(305~ 935~379
Fra~ E. Irizary, Jr.
United National B~nk
18201 N. Biscayne BlvcL
Aven~-~, FL 33160-2599
005) 931-5000
005) 937-0118 Fax
MLke Amonia
Barnett Ballk-Av~ntara
19645 Biscayne Blvd.
AvenVar~ FL 33180-2315
(305) 899-4100
(305) 931-3985 Fax
Sara Klayman Fried
Ci~ Natlon~l B:mk
2875 N.E. I91st
Aventura, FL 33180
(305) 692-5100
005) 692-9044 Fax
Saul Simons
Universal National Bank
17701 Biscayne Blvd.
Aventura, FL 33180
(305) 937-2265
(305) 937-2078 Fax
Margie Bl~bcrg
Gr~t Western Bank
19495 Biscayne Blvd.
Aventtwa, FL 33180
(305) 933-~206
(305) 933-4107 Fax
Jeanne Machac
20495 Biscayne Blvd.
Aventura, FL 33180
(305) 9354394
(305) 931-6018 Fax
Cheil Smith
Savings of America
3050 Avealu~ Blvd.
Aventura, FL 33180
(305) 932-6~35
(305) 936-0675 Fa~
Northern Trnst B~nk
3001 Aventura Blvd.
Awmtura, FL 33180
(305) 931-2230
(305) 931-5468 Fax
G~y Lazz~
Turnberr~ Savings & Lo~m
19575 Biscayn~ Blv&
Av~tu~, F£ 33180
(305) 931-7100
(305) 931-0148 Fax
Linch par.,~ns
Bank Atlmltic
18999 Biscayne Blvd.
Aventura, FL 33180
(305) 933-3222
005) 933-3211 Fax
Nilda Tsoukalas
Co~mty Natiou~l Bmflc
20801 Biscayne Blvd.
Aventx~a, FL 33180
(305) 651-7110
(305) 933-1617
Tama Silvarrey
Jefferson Bank
3560-B Mystic Pointe
Drive
Avoltut~ FL 33180
005) 933-1516
005) 933-3513 Fax
Harriet Robk/n
Repablic Natiolla] Ballk
295~ Aventura Bird_
Av~u-a, FI, 33180
(305) 931-6700
(305) 936-091~ Fax
KAUSCHER. PIERCE REFSNES, INC.
F~nano~a! [nstimtton~ w~ Officer Out.,~cl~ l~e C~_tv
a, ttochment
Pat Morris
87~0 Doral Blv~
Mimaxi, FL 33178-2402
(305) 599-5837
(305) 599-5520 Fax
Mmic Donowi~
North l~i Itamch
195 Federal Credit Union
1001 N. Federal Highway
Hallandale, FL 33009
(954) 454-9898
(954) 454-9807 Fax
Tony Nobos
SunTrust
9600 Collins Average
Miami B~ach, FL 33154
(305) 868-2680
(305) 868-2646 Fax
~im Foley
F'~st Union National Bnnk
200 $, Biscayne Blvd., 15 Pl.
Miami, FL 33131
005) 789-5034
(305) 789-4809 Fax
Phyllis Heald
Ocemmmrk Bm~k
3845-49 N.E. 163rCl Stre~
N. Miami B~ach, FL 33160
005) 940-6275
005) 949-3361 Fax
Csrlos ~.sohave
First Union National
Bauk
200 S. Biscayne Blvd.
Miami, FL 33131
(305) 789-4664
(305) 789-4902 Fax
Edward C. Haynes
Skylak¢ State Bank
1550 bib Mi~cfi Gardens
Dr.
N. Minml Beach, FL
33179
005) 9454800
(305) 944-7107 Fax
RAUSCHER PIERCE REFSNES, INC.
Other
Roberto Pelaez
l~xax~tt Bank
701 Bfickzll Avenue
Miami, FL 33131
(305) 351-7055
(305) 350-7005 Fax
Daniel Denys
Northern Trust
50 LaSalle 0~B-12)
Chicago, IL 60675
(3~2) 630-8O48
(3~2) ~.~ 5478 Fax
Attochment
Tyler Kurau
The Fjui Bank, Limited
Miami Represe_~talive Office
200 S- Bi~a~e BI~.,
~ 3~0
~, FL 33131
(305) ~7~-~6
(305) 381-8338
Ms. Ten'y ~oodson
First Union Nalional Bank
Governm~xt Bank4ng
77 F~st ~m~o ~1
B~ ~ FL 33432
(561)338~050
(561)338-3959 F~
Tom T~cle
$~ m R ala.k/M~al~,
Corporale Baxlking Division
777 Bxick~ll
IMiaml. FL 33131
(305)579-7154
(305)579-7173 Fax
RAUSCHER PIERCE REFSNES, INC.
RAUSCHER PIERCE REFSNES, INC.
Attuchment
Via Facsimile- 3051406-8939
TO:
FROM:
DATE:
RE:
Director
Finance Support Selvices
Percy K Aguila, Jr.
Financial Advisor
November 20, 1996
Evaluation of Proposals for $10,000,000 Bank Loan/Line of Credit
The city received six (6) proposals in response to the RFP that was issued on
November 12, I996 for a $10,000,000 Bank Loan/Line of Credit.
The six proposals were received ~om the following financial institutions:
~ Barnett Bank,
Fkst Union National Bank of Florida*
~ Northern Trust Bank**
Skylake State Bank
SunTrust Bank, Minmi, N.A.
United National Bank**
This proposal was received via facsimile and it is unclear whether the proposal
made the 1:00 p.m. deadline of submission of proposals.
This proposal was received after the 1:00 p.m. deadline for submission of
proposals.
Miami Center. 201 S. Biscayne Boulevard. SuRe 830 · Miami, Florida 33131 · (305) 577-4400 · FAX (305) 577~1835
Member New York Stock F~u:hange, Inc.
Mr. Harry Kilgore
November 19, 1996
Page
Attachment.,,.
Based on the interest rates and fees that were submitted by each of the financial
institutions for a bank loan that i~ 0re-oavable anytime and without pena!~y, the proposals
would be ranked as follows: -
Barnett Bank
SunTrust Bank, Ivfnsmi, N.A.
First Union National Bank of Florida
Skylake State Bank
United National Bank
Northern Trust
4.354% $ 3,000
4.58 36,000
478
4.96 82,000
6.O0
NA (1)
Cannot be calculated due to lack of infommtion regarding the initial interest rate and the
proposed interest rate index for fata~ loan draws.
The Barnett Bank proposal aSSumes f~ amortization of the $10 million borrowed
by the City within the 3-year term of the loan. The SunTrust Bank proposal aSsumes gg_
amortization of the $10 million until the 3-year term &the loan comes due. As a result of
the different assumptions upon which each of these two proposals highest ranked were
based, we cannot determine at this time which proposal will provide the most cost
effective loan to the City under an interest-only structure. Accordingly, we are
recommending that the City request clarification fi.om Barnett Bank as to what is the
interest rate that would be applicable if the loan is structured aS an interestbonly loan
through the three-year term. We are also recommending clarification from Barnett Bank
due to the fact that their proposal ofl~r the City the lowest upfronldclosing fees and
includes covenants and provisions to thc loan documents that are the most beneficial to
the City.
RAUSCHER PIERCE REFSNES, INC.
RAUSCHER PIERCE REFSNES, INC.
Attachment_
Ilia Facsimile - $05/466-8939
TO:
FROM:
DATE:
RE:
MEMORANDUM
ttarry Kilgore
Director
F~a)~ce Support Servie~
Percy R. Aguila,~ .
Financial Advi~
November 21, 1996
Evaluation of Proposals for $10,000,000 Ba,~b Lo~/Line of Credit
Based on thc proposals received by thc C~ty pursuant to thc RFP for a
$10,000,000 Bank Loan/Line of Credit, we arc r~ommending sel~'tion of the proposal
~om ~ as the winning bid.
The Barnett Bank, N.A. proposal provides the City the low~st intcrcst rate and the
lowest clos/ng costs associated with the financing. In addition, the loan requirements and
covenants requested by the bank provide the City the most beneficial terms and
conditions as compared to those requested by the other financial institutions.
It is our understanding that the City's award of the bank loan is scheduled for lhe
City Commission meeting of Dec~mber 3, 1996. !rn this regard, it wouM be appropriate
to request BarneXt Bank to proceed ~ith credit underwriting.for purposes of providing the
City a firm commitment by the December 3, 1996 meeting.
Miami Center- 201 S. Biscayne Boulevard. Suit~ no · Miami, Florida 33131 - (305) 577-a400 - FAX (305) 5774838
Harry Kilgore
November 21, 1996
Page - 2-
Back_mound
Attochment
The proposal we are recommellding from Barnett Bank rmqects an interest rate of
4.58% and a structure that is based on interest-only through the 3-year term of the loan.
In addition, Barnett Bank is offering the City an interest rate of 4.57% if the loan is
$1~uctured with principal amortization of $500,000 in each of years one and two. (Sec
enclosed letter dated November 19, 1996 from Barnett Bank). Barnett Bank also
proposed to the City an intere~ rate of 4.354% for a fully-amorliTing loan over three
years. Because of budget constraints and the need for flexibility with respect to the City's
long-term financing plans, a fully-amor~i~-g loan is not recommended at this time_
The lable below s,~mmariz~ how the Barnett Break proposal compares with tho
proposal submitted by SunTrust Bank, Mi.mi; N.A~, which we consider the second-
ranked proposal submitted to the City.
Closing Cost~ Interest/
and Upfrant Fee Effective
Fees Year 1 Year 2 Year 3 To~al Rate
BamettBank 3,000 421,904 458,000 458,000 1,340,904 4.$90%
SunTm~Bank 36,000 421,904 458,000 458,000 1,373,904 4.703%
Also, for your reference, I have set forth below how the Barnett Bank proposal compares
to SunTrnst's with respect to specific coven~ms and conditions that would have to be met
before thc issuance of additional debt.
Debt Servlce Covera_~e Ratio
Barnett Bank 1.0 to 1.0 - From Pledged Utility Revenues
SunTrust Bank 1.4 to 1.0 - From Pl~ged Utility Revenues
No RcquLr~mcat
Allowed if Debt Service Coverage Ratio is 1.15 to 1.00
Baractt Bank
SunTrust Bank
RAUSCHER PIERCE REFSNES, INC.
Senim~ V'ge PmMgle~t
Institutk~a! Bau'dting M~tager
November 19, 1996
Attachment
Barnett Bank, N.A,
Miami, Florida 33131
3or~"3~.7o85
Fer,~ 350,.7005
PLuauce Db'motor
Cit7 of Aventura
2999 N.~.. 191 Street. S~te 500
Ave~tu.-'a, B"]oticia 2,3180
Re: $10,000,000 Reques~ for ~
Pursuant to you~ request and P~;--y Aguits's request for clarification of ou~ proposn] da~
Novembe~ 18, 1996, below pl~s¢ find thc ~propriat~ in~e~ert r~te for ~ $10,000,000 fo~ the
various sccnmios rec~t~l:
A) Three-year ~ only for $10,000,000: 4,58% ~ free.
B)
$.$O0,O00 principal payclown at th~ end of'lira ftrst y~r and second year, with a balloon
payment due st maturity - Inu~st rate: 4,~7°~.
All oth~ terms and con~i~ons of ou~ Novrmber 18, 1996 Proposal rem~i~ ~e same.
Should you need Shy f~'th= clarific~on, plea,~ conu~t mc at 350-'/055.
Roberto Pcl~c~
Senloz Vb~ Preside~
cc: Percy Aguil~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
City Council ~
Eric M. Soroka, Ci
November 25, 1996 ~
SUBJECT: Median Landscape & Beautification Concepts
December 3, 1996 Council Meeting Agenda Item ~ -J~
Recommendation
It is recommended that the City Council adopt by motion the policy relating to the
establishment of median landscape and beautification concepts as discussed at the
November 18, 1996 Council Workshop meeting. The City's Landscape Architect will be
present to provide an overview for the public. The following City Council policy action
was incorporated from the Workshop meeting and place on the Agenda for adoption by
motion with respect to the concept plans:
1. The City Manager and staff are authorized to proceed with the design and
implementation of beautification plans for Aventura Boulevard and the northern
median entrance on Biscayne Boulevard as well as the design Of the landscape
barrier south of Lehman Causeway along the Florida East Coast Railroad tracks.
2. The City Manager is authorized to develop public-private partnerships for the
funding of the improvements along Aventura Boulevard and 190th Street.
3. The City's Five Year Capital Improvement Program will contain beautification
projects to address medians throughout the City including private roads that will
become the jurisdiction of the City.
Background
One of the Budget Goals and Priorities for 1996/97 was to develop a Citywide
Beautification Program. Staff and I have had many meeting with the City's Landscape
Architect to develop concepts that could be implemented throughout the City. The
concepts address the following matters:
· Median and right-of-waylandscaping
· Installation of decorative lighting
· Replacing bus benches and shelters with more attractive and user-friendly
units
· Sprinkler systems and median curbing
· Signage &entrance features
Once the Master Landscape Plan is completed, the various improvement projects
would be incorporated into the City's Five Year Capital Improvement Program. The
number of projects that could be scheduled each year would be subject to funding
availability.
In order to begin the process, at the November 18, 1996 Council Workshop meeting,
the City's Landscape Architect reviewed concept plans for the following areas:
· Aventura Boulevard
· 190th Street
· Northern Median entrance on Biscayne Boulevard
It was the consensus of the City Council that the following action be taken with respect
to the concept plans:
1. The City Manager and staff are authorized to 3roceed with the design and
implementation of beautification plans for Aventura Boulevard and the northern
median entrance on Biscayne Boulevard as well as the design of the landscape
barrier south of Lehman Causeway along the Florida East Coast Railroad tracks.
2. The City Manager is authorized to develop public-private partnerships for the
funding of the improvements along Aventura Boulevard and '190th Street.
3. The City's Five year Capital Improvement Program will contain beautification
projects to address medians throughout the city including private roads that will
become the jurisdiction of the City.
Since the time of the Workshop meeting I have met with representatives of the Florida
Department of Transportation and Florida East Coast Railroad and due to construction
activity in the area, they recommend that the landscaping activities along the Florida
East Coast Railroad tracks not commence for 18 months. In addition, I am in the
process of pursuing an agreement with the Railroad to assume the northern portion of
the lease arrangement previously made with Turnberry Associates for the existing
landscaping and acquiring a lease to allow the landscaping of the southern portion.
If you have any questions, please feel free to contact me.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICEOFTHEClTY MANAGER
MEMORANDUM
City Council
Eric M. Soroka, Ci
November 25, 1996
Recommendation for Process to Prepare Comprehensive Plan
December 3, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt, by motion, the enclosed process to
prepare the City's Comprehensive Plan. This process was discussed at the November
18, 1996 Workshop Meeting.
Back.qround
Florida State Statute 163 requires newly-incorporated local governments to prepare and
adopt a Comprehensive Plan within three (3) years from the date of incorporation. The
preparation and adoption of the City's Comprehensive Plan is an important process that
is both time-consuming and data-gathering intensive. In order for the Plan to reflect
community values, extensive public input and hearings are required as part of the
process.
The Local Government Comprehensive Planning and Land Development Regulation
Act requires each Plan to contain the following elements:
1. Capital Improvements
2. Future Land Use
3. Traffic Circulation
4. Sanitary Sewer, Solid Waste, Drainage and Potable Water
5. Conservation
6. Recreation and Open Space
7. Housing
8. Coastal Management
9. Intergovernmental Coordination
In addition, a City may adopt additional optional elements. The City should consider
adopting redevelopment and economic development optional elements to address
certain areas of the City of interest to the City Council.
Memo to City Council
November 25, 1996
Page 2
The Plan and its elements also contain policy recommendations for the implementation
of the Plan and all its elements. All elements of the Plan must be based upon data
appropriate to the element. Goals and policies must be clearly based upon appropriate
data. Many of the Plan elements are inter-related.
Before the City can address full scale land use amendments or redevelopment issues,
it is important that the Plan is in place.
To insure that the City meets the established timetables and a professional and
effective Comprehensive Plan is produced, the following preparation process is
recommended:
1. Designate Planning Board to assist in Plan preparation or create two sub-
committees, as follows, to widen citizen input:
Infrastructure Committee
Capital Improvement Element
Sanitary Sewer, Solid Waste, Drainage and Potable Water
Conservation
Recreation and Open Space
Coastal Management
Growth Management Committee
Future Land Use
Traffic Circulation
Housing
Intergovernmental Coordination
Economic Development/Redevelopment
2. Obtain services of Planning Consultant to coordinate activities and preparation of
the document.
3. Conduct "visioning session" with City Council, staff and committees to formulate
overall goals and City vision prior to Plan preparation.
4. Hold a series of community meetings throughout the City to obtain input and public
involvement in the Plan preparation process.
The process should begin in April 1997 in order to allow the necessary time to complete
the Plan in a timely manner. Once completed, the Plan must be submitted to the
County, Florida Department of Community Affairs and the South Florida Regional
Planning Council for review.
CC167-96
Comprehensive Plan Elements
1. Capital Improvements Element
The Comprehensive Plan must include principals and guidelines for the construction,
extension and increase in public facilities, estimated public facility costs, locations and
appropriate revenue soumes, and standards to ensure the availability of public facilities.
Rule 9J-5 states that the purpose of the capital improvements element is to:
1)
2
3
evaluate the need for public facilities identified in the other comprehensive
plan elements and defined in the applicable definitions for each type of public
facility;
estimate the cost of improvements for which the municipality has fiscal
responsibility;
analyze the fiscal capability of the municipality to finance and construct
improvements;
adopt financial policies to guide the funding of the improvements; and
schedule the funding and construction of any improvements in a manner
necessary to ensure that capital improvements are provided when required,
based on needs identified in the other Comprehensive Plan elements.
The element shall also include the requirements to ensure that an adequate
concurrency management system will be implemented by municipalities.
2. Future Land Use Element
A future land use plan element shall designate the proposed future distribution, use and
location of land for residential uses, commemial uses, industry, agriculture, recreation,
conservation, education, public buildings and grounds, and other public facilities.
Future land use patterns are to be depicted on the future land use map or map series
within the element.
The future land use plan shall be based upon surveys, studies, and data regarding the
area, including the:
1) amount of land required to accommodate anticipated growth;
2) projected population of the area;
3) character of undeveloped land;
4) availability of public services; and
5) need for redevelopment
3. Traffic Cimulation Element
This plan element shall consist of the types, locations, and extent of existing and
proposed major thoroughfares and transportation mutes, including bicycle and
pedestrian uses. It should be noted that municipalities with a population greater than
50,000 require additional transportation-related elements, dealing with mass transit, off-
street parking, etc.
The purpose of the traffic cimulation element is to establish the desired and projected
transportation system in the jurisdiction and particularly to plan for future motorized and
non-motorized traffic cimulation systems. Future traffic cimulation systems are to be
supported by goals, objectives and policies, and an to be depicted on the proposed
"traffic cimulation map or map series" within the element.
4. Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater
Aquifer Recharge Element
The local comprehensive plan must contain a general sanitary sewer, solid waste,
drainage, potable water and natural groundwater aquifer recharge plan.
The purpose of this element is to provide for necessary public facilities and services
correlated to future land use projections. Among other data and analysis requirements,
the element shall contain one or more policies for each objective addressed in the
element which address implementation activities for:
1) establishing priorities for replacement, correcting existing facility deficiencies
and providing for future facility needs;
2) establishing and utilizing "level of service standards" provided by facilities to
ensure that adequate facility capacity will be provided for future development;
3) establishing and utilizing potable water conservation strategies and
techniques;
4) regulating land use and development to protect the functions of natural
drainage features and natural groundwater aquifer recharge areas; and
5) establishing water quality standards for stormwater discharge.
5. Conservation
The local Comprehensive Plan must include elements for the conservation, use and
protection of natural resoumes, including: water, air, water recharge areas, wetlands,
waterwells, marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors,
forests, fisheries and wildlife, marine habitat, minerals and other natural resources.
The purpose of the conservation element is to promote the conservation, use and
protection of natural resources. Among other requirements, the element shall contain:
2
1) one or more goal statements which establish the long-term end toward which
conservation programs and activities are ultimately directed;
2) one or more specific objectives for each goal statement which address the
requirements of the Act, and which:
a) protect air quality
b) conserve, appropriately use and protect the quality and quantity of
current and projected water sources and waters that flow into
estuarine waters or oceanic water,
c) conserve, appropriately use and protect minerals, soils and native
vegetative communities, including forests, and
d) conserve, appropriately use and protect fisheries, wildlife, wildlife
habitat and marine habitat.
The conservation element must also include policies addressing the protection and
conservation of wetlands.
6. Recreation and Open Spaces
A recreation and open spaces element of the local Comprehensive Plan must provide
for a comprehensive system of public and private sites for recreation, including: natural
reservations, parks and playgrounds, parkways and public access ways, open spaces
and other recreational facilities.
The purpose of this element is to plan for a comprehensive system of public and private
recreation and open space sites which are available to the public.
7. Housinq
A housing element of a local Comprehensive Plan must consist of standards, plans and
principles to be followed by any public or private entity (including the state and federal
governments) in the:
1) provision of housing for all current and anticipated future residents;
2) elimination of substandard dwelling conditions;
3) structural and aesthetic improvement of existing housing;
4) provision of adequate sites for future housing, with supporting infrastructure
and public facilities;
5) identification of historically significant and other housing for purposes of
conservation and provision for relocation housing;
6) formulation of housing implementation programs; and
7) creation or preservation of affordable housing to minimize the need for
additional services and avoid the concentration of affordable housing only in
specific areas.
3
The Department of Community Affairs shall conduct a needs assessment to assist
municipalities in housing data collection and analysis and assure uniform and
consistent information. Each municipality shall use this assessment as one basis for
the housing element.
8. Coastal Manaqement
For those "units of local government abutting the Gulf of Mexico or the Atlantic Ocean,
or which include or are contiguous to waters of the state where marine species of
vegetation constitute the dominant plan community," a coastal management element
must be included in the local Comprehensive Plan.
The purpose of the coastal management element is "to plan for and where appropriate
restrict development activities where such activities would damage or destroy coastal
resources, and protect human life and limit public expenditures in areas that are subject
to destruction by natural disaster."
9. Inter.qovernmental Coordination
A municipality's Comprehensive Plan shall be coordinated with the Comprehensive
Plans of adjacent municipalities, the county, adjacent counties and the region. IN
preparation of the local Comprehensive Plan, the governing body shall include a
specific policy statement indicating the relationship of the proposed development to the
Comprehensive Plans of adjacent municipalities, counties, etc.
10. Transportation Element
A municipality which has all or part of its jurisdiction included within the urbanized area
of a metropolitan planning organization (MPC) shall prepare and adopt a transportation
element consistent with the provisions of the Act and Rule 9J-5019. FAC. Rule 9J-
5.019 states that the transportation element shall replace the required plan elements
of: traffic cimulation; mass transit; and ports, aviation, and related facilities. Within a
designated MPC area, the transportation element of the local Plan shall be coordinated
with the long-range transportation plan of the MPC. "The purpose of the transportation
element shall be to plan for a multimodal transportation system that places emphasis
on public transportation systems."
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ty~~
Eric M. Soroka, Ci
November 15, 1996 "-,..J
Ordinance Authorizing $10,000,000 Debt
Acquisition and Construction of Facilities
Obligation for Land
1st Reading:
November 19, 1996
Council Meeting Agenda Item
2nd Reading: December 3, 1996
Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance authorizing the
issuance of $10,000,000 debt obligation to finance, on an interim basis, the acquisition
of property to be used for parks, government center and police station and the design
and construction of such facilities. This Ordinance authorizes the City to obtain a short
term bank loan/line of credit. The bank loan would be paid off when the City issues a
long term Revenue Bond in the future.
Background
The City Charter requires that the City Council authorize the borrowing of money by
Ordinance. The City's bond counsel has prepared the attached Ordinance. The
Ordinance authorizes the issuance of $10,000,000 in debt. The actual designation of
each obligation (i.e. bank loan/letter of credit) will be made by Resolution of the City
Council.
At this time, the City has entered into contracts for the purchase of two parcels of land
totaling $6,000,000. The remaining amount could be utilized to purchase a site for the
police station, pay for the services of an architect to design the facilities and/or begin
construction of the facilities.
The debt service will be paid by utilizing Utility Tax revenues. In the unlikely event that
the Utility Tax revenues are not sufficient, the City may agree to utilize non-ad valorem
revenue to pay the debt service. The Ordinance precludes the City from utilizing ad
valorem taxes to pay debt service costs.
As previously advised, the City has issued a Request for Proposal (RFP) to obtain a
bank loan/line of credit. The bank loan responses are due November 18, 1996 and will
be awarded at the December 3, 1996 Council meeting.
Feasibility Study
Section 4.10 of the City Charter states that the City shall incur no debt unless approved
by five Councilmembers and provided the Council has first received and reviewed a
feasibility study from the City Manager and Chief Financial Officer of the City concluding
that sufficient revenues are available to repay the indebtedness and the funds are being
borrowed for a valid public purpose.
Budget estimates for 1996/97 indicate that there will be a total of $3,480,000 available
from all Utility Tax revenue sources.
There are three (3) possible methods that should be addressed as to the availability of
revenue to insure debt payments as follows:
1. The bank loan/line of credit of $10,000,000 will be repaid and eliminated at the time
the City issues the long term Revenue Bond in an amount in excess of $10,000,000.
The estimated annual debt service on a Revenue Bond amortized for 20 years
would be approximately $900,000.
2. The annual debt service for the bank loan/line of credit if the City was required to
pay interest only is estimated at $600,000.
3. The annual debt service for the bank loan/line of credit if the City was required to
pay interest and principal, assuming the same amortization schedule as the
Revenue bond method, would be $900,000.
Based on the foregoing, it is my professional opinion, as well as that of the Finance
Support Services Director, that there are sufficient revenues available now and in the
future to repay tl~e indebtedness. Additionally, we also conclude that use of the funds
to acquire real property for a park, government center and police station, as well as the
design and construction of such facilities, is a valid public purpose.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
CC0160-96
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $10,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE,
ON AN INTERIM BASIS, (A) THE ACQUISITION OF
CERTAIN REAL PROPERTY IN THE CITY TO BE USED
FOR PUBLIC PARKS AND RECREATION, A CITY
GOVERNMENT CENTER AND POLICE STATION AND (B)
THE DESIGN, CONSTRUCTION, EQUIPPING AND
INSTALLATION OF PUBLIC FACILITIES AND
IMPROVEMENTS ON SUCH REAL PROPERTY;
PLEDGING THE PROCEEDS RECEIVED BY THE CITY
FROM THE LEVY OF ITS UTILITY TAX ON UTILITY
SERVICES PROVIDED IN THE CITY TO SECURE
PAYMENT OF THE OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM FUNDS TO PAY THE
PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND
INTEREST ON THE OBLIGATIONS IN THE EVENT THE
PROCEEDS OF SUCH UTILITY TAX ARE INSUFFICIENT
TO PAY THE DEBT SERVICE ON THE OBLIGATIONS,
WHEN DUE; PROVIDING SEVERABILITY AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
SECTION 1. DEFINITIONS. When used in this Ordinance, the following
terms shall have the following meanings, unless some other meaning is plainly intended:
"City" shall mean the City of Aventura, Florida, a mtmieipal corporation established
by the State of Florida.
"Cost" or Costs," as the same relates to a Project, shall mean (I) the cost of physical
construction, reconstruction or completion; (2) the cost of acquisition or purchase; (3) the
cost of all labor, materials, machinery and equipment; (4) the cost of land and interests
therein, property fights, easements and franchises of any nature whatsoever; (5) the cost of
any indemnity and surety bonds and premiums for insurance during construction; (6) all
interest due to be paid on the Obligations and any other obligations relating to a Project
during the period of construction and for such period of time subsequent to completion of
acquisition and construction as the Council deems appropriate; (7) engineering, financial,
legal and other consultant fees and expenses; (8) the cost of plans and specifications,
consmactien plans, surveys and esl/mates of costs; (9) costs and expenses of audits, fees and
expenses of any paying agent, registrar, trustee, issuer of a credit facility or a liquidity
fac'flity, insurance company or depository; (10) payments, when due (whether at the maturity
or principal or the due date of interest or upon redemption) on any interim or temporary
indebtedness incurred for any portion of a Project; (1 l) costs and expenses related to the
issuance of the Obligations or other indebtedness related to a Project; and (12) any other
costs and expenses properly attributable to acquisition or construction of a Project, and such
other expenses as may be necessary or incidental to the issuance of the Obligations; and shall
include reimbursement to the City or any other person, f'mn or corporation for any moneys
advanced for any costs incurred by the City or such person, firm or corporation in connection
with any sUCh items of costs. The Resolution may provide for additional items to be
included in the aforesaid Costs.
"Council" shall mean the City Council of the City of Aventura, Florida.
"Non-Ad Valorem Funds" shall mean all revenues of the City derived from any
source whatsoever other than ad valorem taxation on real or personal property, which are
legally available to make the payments required herein, but only after provision has been
made by the City for the payment of all essential or legally mandated services.
"Obligations" shall mean the bonds, notes, certificates or other evidence of
indebtedness issued by the City pursuant to this Ordinance.
"Pledged Revenues" shall mean with respect to any Project (1) amounts deposited
in the funds and accounts established for the benefit of the holders of the Obligation or
Obligations issued to finance such Project, including any invesmaent earnings thereon, other
than the rebate account, if any; and (2) the Utility Tax Revenues.
"Projects" shall mean those capital improvement projects set forth in the plans and
spee'rfieations on file or to be on file with the City, as the same may be modified or amended
from time to time. A general description of the Projects is provided in Exhibit A attached
hereto.
"Resolution" shall mean the resolution or resolutions of the Council detailing the
terms, forms and other provisions of the Obligations, including the flow of funds and various
covenants and restrictions relating to the security on the Obligations.
"Utility Tax Ordinance" shall mean City Ordinance 96-03 adopted by the City on
May 7, 1996, as amended, and any successor instrument thereto.
2
*'Utility Tax Revenues" shall mcan the revenues received by the City from the levy
of a utility tax on utility services within thc City in accordance with Section 166.231, Florida
Statutes, and the Utility Tax Ordinance.
The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms
shall refer to this Ordinance.
Words importing the singular number include the plural number, and vice versa.
SECTION 2.
FINDINGS. The Council hereby fmds and determines that:
(A) The City has various infrastructure needs and requirements in the form of the
Projects which must be constructed and acquired in order to maintain and protect the health,
welfare and safety of the citizens of the City.
(B) The most efficient and cost-effective method of financing the acquisition and
construction of the Projects is by the issuance of the Obligations secured by the Pledged
Revenues and the Non-Ad Valorem Funds as provided herein.
(C) The principal of~ redemption premium, if any, and interest on the Obligations
shall be paid from the Pledged Revenues or the Non-Ad Valorem Funds, or any combination
thereof, unless otherwise paid by such entity as shall provide credit enhancement, if any, on
the Obligations. The City shall never use or be required to use any ad valorem taxes for the
payment of the Obligations. The Obligations shall not constitute a direct obligation of the
City or a pledge of its faith and credit, nor shall the holders of the Obligations have any lien
or encumbrance on any property in the City, including the Projects.
SECTION 3. AUTHORIZING THE ACQUISITION AND
CONSTRUCTION OF THE PROJECTS. The Council hereby authorizes and empowers
the acquisition and construction of the Projects.
SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations are
hereby authorized to be issued in an original principal amount of not exceeding $10,000,000.
The Obligations may be issued at one or more times. The particular designation of each
Obligation may be made by a Resolution. The Obligations shall be issued for the principal
purposes of (A) paying all or a portion of thc Cost of the Projects, (B) establishing debt
service reserves, ffdeemed necessary by the Council, and (C) paying costs and expenses of
issuing the Obligations. The principal of, redemption premium, if any, and interest on the
Obligations shah be payable solely from the Pledged Revenues and/or the Non-Ad Valorem
Funds, or any combination thereof, as provided herein and in the applicable Resolution(s).
3
The Obligations shall be dated such date or dates, shall bear interest at such rate or
rates, shall mature at such time or times and in such moUnt or mounts as may be
determined by Resolution, and may be redeemable before maturity, at'the option of the City,
at such price or prices and Under such terms and conditions as may be fixed by Resolution.
The CoUncil shall determine by Resolution the form of the Obligations, the manner of
executing such Obligations, and such other terms and provisions of the Obligations as it
deems appropriate. The Obligations may bear interest at a fixed or variable rate, as shall be
determined by Resolution. In case any officer whose signature or a facsimile of whose
signature shall appear on any Obligation shall cease to be such officer before the delivery of
such Obligation, such signature or such facsimile shall nevertheless be valid and sufficient
for all purposes the same as if he or she had remained in office Until such delivery. The
Council may sell the Obligations in such manner and for such price as it may determine by
Resolution to be in the best interests of the City. The Obligations may be further secured by
any credit enhancement as the Council by Resolution deems appropriate.
The Obligations may be issued without any other proceedings or the happening of any
other conditions or things other than those proceedings, conditions or things which are
specifically required by this Ordinance.
The proceeds of the Obligations shall be disbursed in such manner and under such
restrictions, if any, as may be provided by Resolution.
The Obligations shall be further secured by the corresponding Resolution(s) which
may include, but without limitation, provisions as to the rights and remedies of the holders
of the Obligations, the application of funds and such other matters as are customarily in such
an insmunent. The Resolution may provide for the City entering into one or more loan or
other financing agreements with the purchaser(s) of the Obligations.
SECTION 5. COVENANT TO BUDGET AND APPROPRIATE. The City
may covenant anff agree pursuant to a Resolution to appropriate in its annual budget, by
amendment, if necessary, fi:om Non-Ad Valorem Funds lawfully available in each fiscal
year, amounts snfficient to pay the principal of, redemption premium, if any, and interest on
any Obligation when due each fiscal year to the extent that the Utility Tax Revenues are not
sufficient for such purpose. Such covenant and agreement on the part of the City to budget
and appropriate such amounts of Non-Ad Valorem Funds, if any, shall be cumulative to the
extent not paid, and shall continue until such Non-Ad Valorem FUnds or other legally
available funds in amounts sufficient to make all such required payments shall have been
budgeted, appropriated and actually paid. Notwithstanding the foregoing, the City shall not
covenant to maintain any services or programs, now provided or maintained by the City,
which generate Non-Ad Valorem Funds.
4
Such covenant to budget and appropriate shall not create any lien upon or pledge of
such Non-Ad Valorem Funds, nor shall it preclude the City from pledging in the future its
Non-Ad Valorem Funds, not shall it require the City to levy and collect any particular Non-
Ad Valorem Funds, nor shall it give the holders of any Obligations a prior claim on the Non-
Ad Valorem Funds as opposed to claims of general creditors of the City. Such covenant to
appropriate Non-Ad Valorem Funds shall be subject in all respects to the payment of
obligations secured by a pledge of such Non-Ad Valorem Funds heretofore or hereafter
entered into (including the payment of debt service on bonds and other debt instruments).
However, the covenant to budget and appropriate in its general annual budget for the
purposes and in the manner stated herein and in such Resolution shall have the effect of
making available for the payment of the Obligations in the manner described herein and in
such Resolution Non-Ad Valorem Funds and placing on the City a positive duty to
appropriate and budget, by amendment, if necessary, amounts sufficient to meet its
obligations hereunder and thereunder; subject, however, in all respects to the restrictions of
Section 166.241(3), Horida Statutes, which provides, in part, that the governing body of each
municipality make appropriations for each fiscal year which, in any one year, shall not
exceed the amount to be received from taxation or other revenue sources; and subject,
further, to the payment of services and programs which are for essential public purposes of
the City or which are legally mandated by applicable law.
SECTION 7. TAXING POWER NOT PLEDGED. The Obligations issued
under the provisions of this Ordinance shall not be deemed to constitute a pledge of the faith
and credit of the City, but the Obligations shall be payable from the Pledged Revenues or the
Non-Ad Valorem Funds in the manner provided herein and the Resolution, unless otherwise
paid by such entity as shall provide credit enhancement on the Obligations. The issuance of
the Obligations under the provisions of this Ordinance shall not directly, indirectly or
contingently obligate thc City to levy or to pledge any form of ad valorem taxation whatever
therefore. The holder of the Obligations shall never have the right to compel any exercise
of the ad valorem taxing power on the part of the City to pay any the Obligations or the
interest thereon against any property of the City, nor shall the Obligations constitute a
charge, lien or encumbrance, legal or equitable, upon any property of the City, except the
Pledged Revenues.
SECTION 7. REMEDIES OF HOLDERS OF OBLIGATIONS. The
holders of the Obligations, except to the extent the rights herein given may be restricted by
the Resolution, may, whether at .law or in equity, by suit, action, mandamus or other
proceeding, protect and enfome any and all rights under the laws of the State of Florida or
granted hereunder or under the Resolution, and may enforce and compel the performance of
all duties required hereby, or by such Resolution, to be performed by the City.
SECTION 8. ALTERNATIVE METHOD. This Ordinance shall be deemed
to provide an additional and alternative method for the doing of things authorized hereby and
5
shall be regarded as supplemental and additional to powers conferred by other laws, and
shall not be regarded as in derogation of any powers now existing or which may hereafter
come into existence. This Ordinance, being necessary for the welfare of the inhabitants
and/or property owners of the City, shall be liberally construed to effect the purposes
hereof.
Section 9, 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. This Ordinance shall take precedence over any
other ordinance or resolution of the City to the extent of any conflict or inconsistency
therewith.
Section 10. 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 Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Pedow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
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 Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Pedow
Councilmember Patdcia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 5'h day of November, 1996
PASSED AND ADOPTED on second reading this day of December, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATI'ORNEY
7
EXHIBIT A
DESCRIPTION OF THE PROJECTS
Complete descriptions of the Projects are set forth in the plans, specifications and
records of the City. A general description of the Projects is as follows:
Land. The purchase of real property within the City to be used for
municipal purposes such as (i) parks and recreation and (ii) the location
of other City facilities including, without limitation, a City
administrative complex and police station.
Bo
Buildings and Other Improvements. The acquisition, construction,
equipping and installation of improvements on or to the real property
described above including, without limitation, municipal parks and
facilities to house City govermnent and police.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~r
Eric M. Soroka, City
November 21, 1996 "',, _~
Update - Proposed Newsrack Ordinance
On November 13, 1996, representatives from the Miami Herald and City staff toured the
various newsrack locations throughout the City. The City Council had requested that
this review take place to determine the impact on the existing newsracks and if the
unresolved issues could be addressed.
In response to the City's proposed Newsrack Ordinance, the Miami Herald has
removed five newsracks and relocated several other newsracks. Based on the tour, the
Herald is requesting the following revisions to the Ordinance in order to insure
compliance with the remaining newsracks:
1. Distance Restrictions
· Section 9.A.(4)(v) - modify clearance area for bus stops from "within three (3) feet
ahead or twenty-five (25) feet to the rear of any sign marking a designated bus stop"
to "within five (5) feet of any bus bench or exterior of a bus shelter."
· Section 9.A.(4)(vii) - reduce six (6) feet sidewalk clearance to five (5) feet.
· Section 9.A.(4)(viii) - clarify that newsracks can be placed on swale areas between
the street and sidewalk. In order to clarify this section, lawn could be deleted.
2. Standards for Maintenance and Installation.
Section 10.A. - increase size of newsrack from 30 inches to 32 inches to allow
double racks.
The following are revisions that were agreed to at the previous workshop meeting:
1. Permit Requirement and Fees. Agree to revise Section 6 to provide for only a one-
time permit fee. The fee is appropriate in order to cover the costs incurred by the
City to implement the requirements of the Ordinance.
City Council
Page 2
2. Appeal Procedure. We concur with the suggestion to provide ten (10) days after
receipt of the citation order to correct the problems or appeal.
3. Effective Date. As part of the implementation process, we normally would provide
thirty (30) days' notice to all newspaper vendors to comply with the Ordinance.
In addition to the above, enclosed is suggested language should the City Council wish
to establish an administrative variance process to address these issues.
This matter will be discussed at the December 2, 1996 Council Workshop and the
Ordinance for second reading will be on the December 3, 1996 Council Meeting
Agenda.
EMS/tms
attachment
Addition to Sec. 9(4) VII -
Aventura Newsrack Ordinance
Upon application of the Distributor for a variance of the
provisions of this subparagraph (VII), the City Manager is
authorized to grant an administrative variance providing for a
clear space for the passageway of pedestrians of less than six (6)
feet but no less than three (3) feet, upon finding that the
following factors are demonetrated by the Distributor:
(a) That the existing improved eidewalk is less than six (6)
feet in width/at the location of the Newsrack;
That the Newsrack location is in close proximity to
population centers served by such Newsrack and is (i)
necessary for convenient access by consumers; (ii)
n~cessary for reasonable distribution access by
Distributor;
(c) That the variance does not adversely impact the
accomplishment of the purposes of this Ordinance;
(d) That the Newsrack is positioned so as to minimize the
variance necessary.
The City Manager may condition such variance upon the
Distributor's agreement to imprOve the sidewalk to the 1/mits of
presently or subsequently available right of way at such location
so as to enhance the clear space for the passageway of pedestrians.
Any variance pursuant to this provision must be applied for within
ten (10) days after the effective date of this Ordinance as to any
Newsracks which were installed prior to the effective date of this
Ordinance.
The denial of a variance shall be subject to appeal pursuant
to Section 12 of this Ordinance.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David M. Wolpin, Es~/~!ss
Eric M. Soroka, Ci~/~ ~r
October 29, 1996
Response to The Miami Herald's
Newsrack Ordinance
Serota & Helfman, P.A.
Comments on the Proposed
I have had an opportunity to review The Miami Herald's concerns regarding the City's
proposed newsrack ordinance as outlined in their letter dated October 18, 1996. The
following is a summary of the response to their concerns:
Permit Requirement and Fees. Agree to revise Section 6 to provide for only a one-
time permit fee. The fee is appropriate in order to cover the costs incurred by the
City to implement the requirements of the Ordinance.
Distance Restrictions. It was our intent to not allow and deter newsracks from being
placed on sidewalks throughout the City. Sidewalks were constructed as a method
for residents to travel from one point to another. They were not designed or
intended to be a newsrack staging area.
In order to further clarify Section 9(4)viii the word "lawn" could be deleted.
Additional information or clarification is needed to address concerns regarding
9(4)(v).
It Es our interpretation that the English Miami Herald and the Spanish El Nuevo
Herald would be treated as two different newspapers.
3. Size of Newsracks. We do not concur with increasing the size of the racks by
allowing double racks.
4. Appeal Procedure. We concur with the suggestion to provide ten (10) days after
receipt of the citation order to correct the problems or appeal.
5. Effective Date. As part of the implementation process, we normally would provide
thirty (30) days' notice to all newspaper vendors to comply with the Ordinance.
Memo to David M. Wolpin, Esq.
October 29, 1996
Page 2
Please share the above comments with the attorney representing The Miami Herald in
order to determine if we need to agendize this matter at a workshop meeting.
EMS/ne
cc: City Council
0M0138-96
A Knight-Ridder Newspaper
jerold I. Budnev
Associate General Counsel
~305~ ~76-4586
RECEIVED
Via Fax
Mr. David Wolpin
Aventura City Attorney
Weiss, Serota & Helfman
2665 S. Bayshore Dr., Ste.
Miami, FL 33133
OCT 2 1 1996
OFFIC~ OF f:NE
CITY MANAGER
204
October 18, 1996
Aventura Newsrack Ordinance
Dear David:
The Miami Herald appreciates the Council's willingness to
listen to our concerns about the proposed newsrack ordinance. We
are happy to summarize in writing the major issues, and look
forward to attending the upcoming workshop to discuss them in
greater detail. Please let me know when you have decided on the
date and time of the workshop.
We would like the Council to consider the following concerns
about the current form of the proposed ordinance:
1. Permit Requirement and Fees. The Herald has no objection to
notifying the City of the location of our newsracks. The ordinance
appears to require us to provide that information in an application
for a one-time permit for those locations. The permit is to be
issued without prior inspection, but conditioned on continued
compliance with the provisions of the ordinance.
However, the ordinance is ambiguous in Section 6 as to
whether the permit fee is a one-time fee accompanying the one-time
permit application, or whether it is an annual fee. We would be
greatly concerned if you are intending to impose an annual fee on
each of our newsracks. Permit fees are unconstitutional unless a
City can show they do not exceed the City's actual cost of
administering the newsrack ordinance. City of Hallandale vl Miami
Herald, 637 So.2d 929 (Fla. 4th DCA 1994) (Hallandale,s annual $10
per newsrack fee held unconstitutional). We do not believe the City
can show its actual cost of administering this ordinance would
equal the revenue generated by annual fees on every newsrack in the
City. This is particularly true because Section 11 of the ordinance
also imposes an additional $10 per newsrack fee for every failed
inspection. I do not believe the City has done such a cost/revenue
analysis, which it would be required to do before imposing such an
annual fee. Chicaqo NewspaDer Publishers v. City of Wheaton, 697 F.
Supp. 1464, 1471 (N.D. Ill. 1989)
Other South Florida cities have either eliminated fees
entirely (for example, Hollywood), or imposed a one-time fee
,';nc 'tt raid Plnza, Miami, Florida 33172 !,,-;~, ~i)3~ 3~il Zll!
significantly less than the $10 per newsrack fee you have proposed
based on a detailed cost analysis (for example, Miami Beach).
Attached are copies of those ordinances for you to consider as
models for eliminating or revising your proposed permit fee.
2. Distance Restrictions. We understand the City did not
intend to restrict the public's ability to obtain newspapers
through newsracks in Aventura. However, some of the proposed
distance restrictions may have that unintended effect unless they
are clarified or modified.
For example, Section 9(4) (vii) requires at least six feet of
clearance on sidewalks. The Herald agrees there needs to be
sufficient clearance for pedestrians, including handicap access.
However, the ADA and Section 337.408, Florida Statutes, only
require three feet of clearance for wheelchairs. Moreover, many of
your sidewalks are less than six feet wide, confirming that less
than six feet is needed for adequate clearance. Because newsracks
are usually two feet deep, you would effectively be banning
newsracks from all sidewalks in the city which are less than eight
feet wide. We respectfully request you modify this restriction to
require three feet of clearance. This would conform with Federal
and State law, and still allow newsracks on most sidewalks without
interfering with pedestrian traffic.
In addition, we would appreciate a clarification of Section
9(4) (viii). We do not believe you intended to ban newsracks from
the "parkway" area between the street and the sidewalk. Indeed,
Section 10 of the ordinance expressly applies to newsracks resting
on "any public sidewalk or parkway". However, that area often has
grass. We believe such grass was not intended to be included in the
definition of "lawn" or "landscaping", but suggest this provision
should be clarified to prevent future confusion.
Similarly, Section 9(4) (v) regarding the distance from bus
stop signs is ambiguous, and should be clarified.
Finally, Section 9(4)(ix) prohibits placing a newsrack within
100 feet of another rack "containing the same issue or edition of
the same publication". We are unclear how this would be applied to
our situation. We publish both the English Miami Herald newspaper
and the Spanish E1 Nuevo Herald newspaper. Some of our newsracks
contain only the English newspaper, and other racks have both the
Spanish and English papers combined. This is because of the varying
needs and interests of the residents of Aventura. Each of these two
types of newsracks is colored and lettered differently so our
readers can recognize which newspaper is being distributed from
each newsrack. We do not think we should be prohibited from having
one of these newsracks within 100 feet of the other. We request
that this provision be modified to clarify this situation.
3. Size of Newsracks. Section 10(A) specifies the maximum
width of newsracks to be 30 inches. We request the width be
modified to 32 inches, as that is the width of our double racks. We
only use double racks where demand for newspapers at a location
exceeds the capacity of a single rack. We use double racks instead
of two single racks because they take up less space. We understand
the City wants to reduce the length of long rows of newsracks
without disrupting the public's ability to obtain newspapers.
Making this slight revision would be consistent with this policy.
4. Appeal Procedures. Section 11 provides that a newsrack
which has been cited for violating the ordinance will be removed
unless we correct the violation "within five (5) days (excluding
Saturdays, Sundays, and legal holidays) after the mailing date of
the order or appeal the order within three (3) days after its
receipt." Section 12 provides an appeal "must be perfected within
10 days after r~ceipt of notice" by filing a letter of appeal with
the City Manager. I do not have a copy of Ordinance No. 96-14 which
spells out the City's appellate procedures. I would appreciate it
if you could fax me a copy at your earliest convenience.
Although we do not anticipate there being violations,
sometimes our racks are moved or defaced by third parties which
could create a violation without our knowledge. Or we may disagree
with your code inspector as to whether there is a violation, and
wish to appeal the citation order. We want to make sure we have a
reasonable amount of time after receiving notice to assess the
situation and either correct the problem or prepare an appeal
letter. But if the mail takes five days to arrive, or if it arrives
on the Friday before a holiday weekend, we would not have time to
make the assessment and take corrective action. Moreover, Section
12 anticipates there being 10 days after receipt of notice to file
an appeal, but under Section 11 the rack would have been pulled
seven days earlier. We therefore request that we be given 10 days
after receipt of the citation order to correct the problem or
appeal before the city removes our newsrack.
5. Effective Datg. The ordinance provides it is to become
effective immediately upon passage. We request 30 days to prepare
and file the permit applications, and adjust our locations to
comply with the ordinance.
David, although we do not believe an ordinance is necessary,
we want to work with the City to prevent safety and aesthetic
problems. However, we do believe the above changes and
clarifications are necessary. I am looking forward to explaining
our concerns to you and the Council at the upcoming workshop. As
soon as the date and time of the workshop are finalized, please let
me know. Thank you again for your cooperation.
cc: Mr.
Eric M. Soroka,
Sincerely,
City Manager (w/o encl) /
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
.MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ty~r
Eric M. Soroka, Ci
October 10, 1996
Proposed Newsrack Regulation Ordinance
Ist Reading October 2, 1996 Ci~ Council Agenda Item 7-1
2nd Reading October 15, 1996 C,ty 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,
Back.qround
The City Attomeys' 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 cdteria 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
CC010~-96
ORDINANCENO.
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 entedng and leaving vehicles and buildings,
and persons performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsmcks 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 goveming
Newsracks will serve to promote the health, safety, ccct.k.c*,!cc and welfare of the citizens
of Aventu
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.
2
E. Maintain and protect the values of surrounding properties and prevent damage
to grass ~ 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. News/ack 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. Cily Manager refers to the City Manager of the City of Aventura or the designee
of the City Manager.
3
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 criteda 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
pdor 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
5
Ordinance. Permits shall be issued within five (5) days (excluding Saturdays, Sunday
and legal holidays) after the application has been filed. Art_anm~al 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. Pdor 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 Newsmcks.
(4) 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) W~hin 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) VVithin 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 pdority above,
the City Manager shall also be guided by the following criteda 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 pdodty 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 pdority shall be publications published one (1) day per week.
(4) Fourth pdority 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
9
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 ail 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
teara, 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
be telephoned to the Distributor and confirmed by mailing a copy of the order by certified
mail retum 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 pmpedy 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 propedy 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 ail
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 appdsed 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 bdefly 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
3_2
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. Periow
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.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M, SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A']-I-ORN EY
EMS/tms
13
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
Eric M. Soroka, City Manager
Jay R. Beskin, Councilmember
November 22, 1996
Resolution Providing for Televising of City Council Meetings
Please prepare a Resolution for the "Other Business" section of the next agenda
authorizing the City Manager to take the necessary action to televise Council meetings
for viewing by our residents.
JRB/tms
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA DIRECTING AND
AUTHORIZING THE CITY MANAGER TO TAKE THE
NECESSARY ACTION TO PROVIDE FOR THE
TELEVISING OF REGULAR CITY COUNCIL MEETINGS
BY THE VARIOUS CABLE COMPANIES SERVICING THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby directed and authorized to take the
necessary action to provide for the televising and re-broadcasting of regular City
Council meetings by the various cable companies servicing the City.
Section2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
., who
, and
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3r~ day of December, 1996.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ARTHURI. SNYDER, MAYOR
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AWARDING THE $10,000,000 SHORT-TERM
BANK LOAN/LINE OF CREDIT REQUEST FOR PROPOSALS TO
BARNETT BANK, N.A. IN ACCORDANCE WITH THE ATTACHED
PROPOSAL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
SPECIFIC TERMS OF. THE ASSOCIATED CONTRACTS AND
DOCUMENTS SUBJECT TO FURTHER CITY COUNCIL APPROVAL;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION;; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Ordinances of the City of Aventura,
properly solicited and accordingly accepted Request For Proposals for the $10,000,000
shod-term bank loan/line of credit; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Request For Proposals; and
WHEREAS, staff and the City's Financial Advisor, Rausher Pierce Refsnes, Inc.
has recommended that the loan/line of credit be awarded to Barnett Bank, N.A., who
has submitted the lowest responsible and responsive cost proposal; and
WHEREAS, the City Council, upon the recommendation of the City Manager, is
therefore desirous of authorizing the negotiation of specific terms of the associated
contracts and documents of the short-term bank loan/line of credit.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1: The City Council hereby awards the $10,000,000 Short-term Bank
Loan/Line Of Credit Request For Proposals to Barnett Bank, N.A. in accordance with
Resolution No.
Page 2
the attached proposal and subject to the negotiation and finalization of the appropriate
documents.
Section 2: The City Manager is hereby authorized to negotiate specific terms
of the associated contracts and documents subject to further City Council approval.
_Section 3: The City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution.
Section 4: This Resolution shall be effective immediately upon its adoption
and the enactment of the Ordinance authorizing the issuance of not to exceed
$10,000,000 of debt.
The foregoing Resolution was offered by
adoption. The motion was seconded by_
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
, who moved its
and upon being put to a
PASSED AND ADOPTED this
day of
,1996.
ATTEST:
TERESA M. SMITH CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ARTHUR I. SYNDER, MAYOR
CITY ATTORNEY
B28 . WEDNESDAY, NOVEMBER 20, 1996. MIAMI DAILY BUSINESS REVIEW
PUBLIC NOTICES
NOTICE OF INTENT
TO VACATE ROAD RIGHT.OF.WAY
IV PUT
Notice is Ilereby given ltIat WESTSlOE CORPORATE CENTER,
INC., a Florida COfpO..tion. proposes 10 close. vaeate. abandon and
dilOOOntinuft 'mm public use to Metropol~fln Dada County and the pub-
licin end to the' potIionol\he 20 foot wide ~yshown on \he Plel
entitled "Ft.ORIOA FRUlT LANDS COMPANY'S SUBOIV\SION NO.
1", IIOCOrdingto the Pili thereof, IS recotded in Plat Book 211 Page
17 of Ihl Public Rel::ords of DIde Cot.nty,Florictl. contGinedwilhin and
shown upon \he Pial of "Corporate Office Park Phue III, a
Resubdivisionol PortIonaof Tracts 25 and 48 in Section 27, Township
53 Soulh, Range 40 Easl 01 Florida Fruit Larde Companys
SubdivilionNo.l."preparedbyPost,BuckIey.Schuh&Jemigan.lnc.
as IflP/OIIId by !hi Dada County Pial Committee on September 6,
1998, undIfTENTATIVE PLAT NUMBER T-19$11i. Slid 20 loot wide
~iaaltoknownua portion of lhlOflliclll NW, 33rd Street and
haasuch size, shape. Ioeallon. besrings, courws,buttings, boundings
and contenl aa referenoe 10 said Pllt 0' "Corpol'all Office Park Phase
tII'w1Hbyrelerenceandellargernorelullyappnr.
The ptIIpOII of ttlia NoIlce i. to give nOticl 01 Ihe intenlio<1 ofWeet-
lIidaCofporate-Center, Inc. Ihat 11'1 express purpoee 01 the PIlI 01
'CoI'porate 0IIic8 Park Phillie Ill" is to c10$8, vaeate, abandon and
disoootinuefmmpublicuseandnll'lOUl'IClI and disclaim 8l'ly right 01
Metropolitan Dade County and lhe public in and 10 thai portion 0' the
afoledescribedroedway.
Wellaide Corportlte Center, Inc.,
a Roridacorporlllion
By; MICHAEL T, LYNOTT, ESQ.
AasociateDMaionCounlll1
36OON.W.82ndAllllnue
Miami,FL33166
11113-20 9f!-4-111357M
NOTICE OF INTEN1' TO ISSUE PERIIIT
The Stale 01 Florida [)epar1metlt 01 Health gi\18S notice 01 ~. 1ntef11
to iseue perTl'lil NO. we 285518 TO MIAMI DADE WATEA AND
S.EWER DEPARTMENT to install a 1-8' cIameler x 25' high and 1-6'
diameter X 24'high air 8lrippinglowerll, 1-20,000 gallon reoeiverlank
Ind verilblll spIId lren.ler pump al the WIl' number OW-1 welt
10CI1IId at the AlelWlder 0rT Water Trealment P1arit,6800S.W. 87ttI
AvenUl. The purpose 01 \/lIs system is 10 remediall the IIOl8tiIe
orgalliccompounds Ihal InI prIIlIIIIlI in \he ground water IhIt supplies
this WIllI.
A person whoM eubltanlill,inl_1I IlI8 alfeeted by the Depert-
ITleI'lI'sproposedpermillingdecisionmaypelltlonforlll'llldminist..ttve
procIIIIdInghMrinQinaccordaneewith Section 120.51. F.S. Thepeti-
Iionmusl oontllnlhelnformallon 881 forlh below and mull be mad
(recei\IIId) In 1hII0Ifi0e 01 Gllnllral CounlllloltheOepartment It2flOO
B1airS1one Road,Tatl,ah_, F\orida 32399-2400,wlthln (14) daya 01
publicatlonollhisnolice. Petitlol'lllr ahall mail a eopyol lhe petition to
the applicllnt allhe addrIu indicated above at thl time of filing. Fail-
ure to fllllapatilion within lhill Ilml period ahall constiMe a waiver of
eny,rightlllJChpereDnmayl'lavelorequestlll'ledminia1rallllll(txNring)
underSllction120.57,FIQridISlaluII8.
The petillon ehsll oontain lhlllollowlng inlonnallOl'l: (a) The name,
addrese, and telephone nurnberol IIIlCh pIIIitiooer, the applicant's
nlme Ind address, Ihl Depellment Perm~ File Number Ind \he
counly in which ,he project i. proposed; (b) A stalemerrl 01 how Ind
when elch petiliDnllr IlIceiY11d notice 01 the OIIplrtrnent's action or
proJlO$e(llcliOl'l; (c) A s1alemenl 01 how elICh, pIIl~ionI~s substantial
Interes" are alfllCled bylhe OeparlrT1ll<1f. acllOn or proposed action;
(d) A stalemenl 01 the malerial racla disputed by Pelitionllf, il any; (e)
A statemlnl oIlacls which petitioner oontencb WIl/'I'IlI'lI re\lllrsal or
modffication 01 the Department's ac1ion or proposed sclion; (I) A
stalement 01 which rullll or statullll petitloneroonllll'ldl require rever.
sal or modilleation of the Department'. action or proposed action; and
(g) A statement ollhe relielllOOghl bypetltlOl'lllr, statingprecilllly1he
selion peMoner wants the Department 10 lake with reapect to lhe De-
psr1menfs ection or proposlld aclion.
llspIIliliOn is filed. theadministrstivllhllaringprooeseiSdesil1'edlo
formlllate agency action. Accordingly, IhII Department's final action
may be different Irom the position taken by it inlhis Notice, Persons
whose sllbstantial intelllSta will be affllcled by any decision 01 the De-
partment wiIh regard to the application havelhe righl to petillon to be-
oome a party 10 !he proceeding. Thllpelilionmuatoonformtothere--
quirements speeifi"d above and be filed (recei\llld)wi!hin 14 deVS of
publicalion 01 this notice in the OIIice 01 General Couneel atlhe above
address of !he Departm8f11. FeilllflllOpelilionwilhinlheal1owed time
frameconslilute. a waivefc,' any right such person has to request a
hIIaring ur1dllr Section 120.57, F,S., and to participale asa party to
this proceeding. Any SUb.sequent inlel'\llll'llion will only be althe &p_
prOllalollhe presidingofllcerllponmo!ion Iiledpursulnt to Rule 28-5,
F.A.C.
'J
The applieation is llIIIilablll Io.-public inlpllClion during normal busi.
rMtII houra, 8;00 a.m. to 5:00 p.m., Mondaylhrough Friday, IlOIIpI'.
gal holidlys, al lhe Dade County Public Health lJnil, Drlnking Wilier
PJogram Adminiatra~on Office at 1725 N.W. 187th SI., Room 119, Mi.
ami,Ft33058,
11/20 116,'H1209l1fJ1
PUBLIC NOTiCe
OF PROPO.... ORDINANce
OF THE CITY OF AVENTURA
NOT1CE IS HERESY GIVEN !hit on T~y. IhI 3rd day ol Oe--
CImber,l008,ltllMlllfnQofIhlCltyCouneilofIhlCltyofAYIIf1lunI,
Iobehlkllt1:00p.m.lnlhl Couneil MHlirlg: Room atlhl Columbia
A-mn Hospital II'ld M<<tleal Center, 21110 811cayne BouIIIIIn:I,
Sui1e 101, Awntura, FlorIda, the CIty Couneil will conaidIr 1hII adop-
tIonollhlfolowlngQnlnel'lO&on~~,II'ltIlIed:
AN QRDlNANCE OF THE CITY OF AVENTURA, FLORIDA
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF
OBUGATIONS OF THE CITY TO FINANCE, ON AN
INTERIM BASIS, (A) THE ACQUISITION OF CERTAIN
REAL PROPERTY IN THE CITY TO BE USED FOR PUBLIC
PARKS AND RECREATION, A CITY GOVERNMENT CEN<-
TER AND POLlCE STATION AND (B) THE DESIGN,
CONSTRUCTION, EQUIPf'tNG AND INSTALlATION OF
PUBUC FACILITIES AND IMPROVEMENTS ON SUCH
REAL PROPERTY; PLEDGING THE PROCEEDS
RECEIVED BY THE CITY FROM THE LEVY OF ITS
UTtUTV TAX ON UTtUTY SERVICES PROVIDED IN THE
CITY TO SECURE PAYMENT OF THE OBUOATlONS;
PROVIDING FOR A COVENANT TO BUOOET AND
APPROPRIATE LEGAllY AVAILABLE NON-AO VALOREM
FUNDS TO PAY THE PRINCIPAL OF, REDEMPTION
PREMIUM, IF ~NY, AND INTEREST ON THE OBlI.
GATIONS IN THE EVENT THE PROCEEDS OF SUCH
UTILITY TAX ARE INSUFFICIENT TO PAY THE DEBT
SERVICE ON THE OBLIGATIONS, WHEN DUE;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
The propoeed 0r00an0e may be iMpected by the publie at II1Il 01-
fice of the City Clerk, 2999 N.E. 19151 Strllll, Suitl 500, Aventllra,
FIorida.lnternted partills may "PpIIlr al\he Public Hearing and be
'-'dwith respecI 10 the propoeed Ordil'llnce. Arty person wishing 10
addreu thl City Council on an item allhls Public Hearing is asked 10
raglaterwilh Ihe CIty Clerk prior 10 thai iIem being heard.
In accordanoewilllllle Americans with DiSlbllifies Act of 1990 all
persons who IlI8 disabled and who need speelll aooom~ 10
participate in this proeIlIldingbecaUSII 01 Ihal disllbililyshould oontact
II1IlOffieeoflhllCiIyClerk,486-8901,ooIlater!tlanlWObuslnessdaVll
priorlollUchprooeedings.
lIaperllOfldeeidestolWllalanydacisionmadebylheCilyCouncil,
wilhrespeettoanymalleroonsideredata~orhearing,lhal
perllOflwinneedareoordofltleproceed;ngsam:!,forsuchpurpDIII,
may IIIIIId to ensllre thaI a verbatim reoord 01 !he proc:eedings is
made, which reoord includllS the leltimony and IIIIidIlnoI upon which
the appeal is lobe ba.sIId.
Datedthis2OlhdayoINovembe<,1996.
Teress tot, Smilh, CMC
11120 96-4-1120139M
DADE COUNTY, FLORIDA
AS required by Section 69,081 01 !he Florida Statu1es, Metro Dade
County is giving notios that !he followin9 tort daims which required the
expenditure 01 public funds in exeesa 0' $5,000 ware "'tiled in AuQ\lSI
"..
CLAIM NUMIlEfl
AB1933039
ABI940182C
ABP943303
ABP951622
ASI941516
PB19437117
ABP952261
AElP952814
ABP952814A
""09'0""
PBI953559
ABI941058E
ABP951288
PBP912834
A""""""
""""'407
A8P96032'O
ABP950725
ASI960163
PBI903264
A'"",",
PBP942079
PBP942079B
A8P931630
PBI9S0627
ABI950355J
PB1953472
ABI953088
PB1951946
A8P942620
PBP960389
ABP953386A
ABP943658A
PBI952634
ABI953236
ABP950446
9&-4-1120100M
METROPOLITAN DADE COUNTY
EDUCATIONAL FACILITIES AUTHORITY
NOTICE OF A SPECIAL MEETING
CLAIMANT
Allen, Healhllr
ArtloHni,Lillian
Benilez,Casimiro
CaOBfBl,RodoIfo
Caffllscal,Franei$Cll
Cedeno, Josefins
Cetlll,Louis
Chllry,totichel
Chllry,Mirnose
Dade Business Systems
Delgado,A1berto
Dennard,Lewis
Diaz,Anionio
Gamboa,Xallillr(aMinor)
Gsrcia,FemandazC.R
Harris-EI,Virginia
HorIDrat,OIIsir
Lippis,Adrilll'laR
Livelll,Marceau
Marx,Whitnay
Olibrlcll,Angie
PereZ,Luis
Pefllz,Melius
Poinldu.Jour
Prisciliano, Manin
Qulnones,Sleven
Rivera,Maris
Rachez,Virginia
Rosen,Daisy
Santos, Jose Anibal
Solo,Damaris
Suarez,Jose
Thomas,Jean
Ulloa,Milda
Vargas,MiriamdalCarmen
World Class Footware
,,;,0
NOTICE IS HEREBY GIVEN thaI the Dade County EducatiDOal
Facilities Authority (the "Authority") will rnaet in public session DO
Monday, ~r 25. 1996, beginning al 4:00pm or shortly therea'-
ter, allhe Stephen P. Clark Cenler, 271h Floor, Conlerence Room, 111
NW. First Street, Miami, Florida.
TheAu!horityismeetinglorthepurpaseolconsidlringlhefollowing
mailer.
1. ApprOllelolminutllllrommeetingolAuguatl3,1996
2. Approval 01 an application for !he issual'lOll of Dade Collnty
Educational FaCllilllls Authonty Revenue Refunding Bonds,
Senft 1997A (University 01 Miami, Ilsue) in an ellimaled
arnountnotloeJlClllld$80million.
3. Rality TEFRA hearing actions ol NDIIIIrnber 18, 1996.
4. Approval of I Resolution aulhorizing the illsull'lOll 01 Dada
CounIy Educelional Fleililies Authority Revenue ReUlding
Bonds, Series 1997A (Umversity of MIami, '-), in .,
IIaIlmstedarnountooltOIXCllld$llOmilllonll'ldapprove
CllrtWndoeumentarelatedlolhlli_ofllUchBonds.
5. SuetlOlherbl.lli-.thallTllypropertyoorllebeforelha
Authority al aIid mMIlng.
All il'llereet<<lperaonaafll inviIed Iolll1llndandbe heard.
NO STENOGRAPHIC RECORD BY A CEFmFlED COURT RE-
PORTER WIll BE MADE OF THE FOREGOING MEETING. AC-
COROtNGL Y, ANY PERSON WHO MAY SEEK TO APPEAL MY
DECISION INVOLVING THE MATTERS NOTICED HEREIN WIll BE
RESPONSIBLE FOR MAKING A VERBATIM RECORO OF THE
TESTIMONY AND EVIDENCE AT SAID MEETING UPON WHICH
ANY APPEAL IS TO BE BASED.
DADE COUNTY EDUCATIONAL
FACIUTlES AUTHORITY
By III Girth FlMvea
ChO_
Datedthia191h,dayofNDlllmblr,1ll96
11/20 96-4-1120133M
"OTlCE OF ACTIO" serve responsive >Neadings and a"I
IN THE CIRCUIT COURT OF THE firmative delenses within 20 days
11TH JUDICIAL CIRCUIT IN after recelpl of lhe Complaint and
AND FOR DADE COONTY, the Coort's probable cause finding.
FLORIDA Copies 01 all responsive pleadings
GENERAL JURISDICTION tiled in Ihis calise should be served
DIVISION DO !he llndersigned COllnSllL Fail-
CASE NO: 96.23068 CA 04 lire to file " respan"h"'. pleadOng
INRE and alfirmalive delen,."" may.-..-
FORFEITURE OF THE sull in a detaull being entered
FOllOWING DESCRIBED againsl you.
CURRENCY: Respectfully submitted,
$6.000.00 in U.S. Curfllr'lcy AKERMAN, SENTERFtTT a
TO: ALL PARTIES HAVING OR EIDSON, P.A.
CLAIMING TO HAVE ANY 28th Floor
RIGHT. TITlE OR INTEREST IN ClnO!I Southllast Third Avenue
THE ABOVE-DESCRIBED PRO- Milmi, Aorida3313H704
PERTY (305)374.5600
YOU ARE HEREBY NOTIFIED, Fax No.: (305) 374.50Q5
Pllf'llanl to Florida Stllulll By: JONATHAN GOODMAN,
f932.704,lhala civillor1eitllreac- ESQ.
tionhlSbeenfi~lgSinlllha 11113.20
sbove-dascribed property by IhII
CilyofCoral GlllbllII,arnembllrol
Ihe South Florida Impact Task
Force. Anycllimant..mo dIIslres to
conIest the lol1eitllfll must file and
SIIrvelllsponsive p1eadirogs and ai-
firmatillll delenaes within 20 days
afler receipt 01 the Complsint and
lhe Court's probable eause finding.
Copies of all responsive plIIadIngs
filedinthillClllsesl10uldbelllrved
on the llndersiQOBd oounllll. Fail-
Ufll to file a responaivepleading
and allirmalive detenllll may re-
suit in a delallllbllingenlered aga.
instyou.
Respectfullysubmilled.
AKERMAN, SENTERRTT &
EIDSON, PA,
"""""
ClnO!ISou1heastThirdAvenUll
Miami,FIQrida3313H704
(305)314.5600
Fax No.: (305) 374--5095
By: JONATHAN GOODMAN,
ESQ.
11/20-27
96-4.111336M
NOTlCI! OF FORFEITURE
FOIl puaUCATlON
UNITED STATES DISTRICT
COURT SOUTHERN DISTRICT
OF FLORIDA
CASE 96-D435--CR.GRAHAM
UNITED STATES OF AMERICA,
Plllintill.
"'
JUNIOR JOSE ROMERO, IGNA.
CIO RAMON DURAN, and
ANDRES JACINTO ESPINO,
Defendanls.
Notice is hereby gilllln thaI 01'1
~rnber12,1996,lnlhllcaseol
Un~ed Slates v. Junior Jose Rom-
ero, Igl'llcio Ramon Dufan, and
Andres Jacinto Espino, Case No
96-43S.Cr.Graham, Ihe United
Slalea Dislrict Court for the South.
em Dillrict of Florida lIr1lered a
Preliminary Order 01 Forfeiture con-
Ollmningandlorleitingthedllfem:l-
ants'interaal in Ihe loIlowing pro-
perty to the United Slates 01 Arne-
96-4.U2097M rica:
$34,570.00 IN U.S. CURRENCY
IN THE CIRCUIT COURT OF THE The foregoing Preliminary Order
1 HH JUDICIAL CIRCUIT IN of Forfeitllre having been entered
AND FOR DADE COUNTY, on November 12, 1996, the United
FLORIDA Slales hllreby gillllS notice 01 ils
GENERAL JURISDICTION intention to dispose of the forfeited
DIVISION property in such msrmar as the
CASE NO.: 9&-20074 CA 23 United States AI10mey General
IN RE: FORFEITURE OF THE may direct. Any pereDn having or
FOLlOWING r:escFlIBED Cl.R- claiming a 1110I1 right, tille or intel'
RENCY: est in the aforemenlioned property
$189,180.00 in U.S. Cummcy mllst file a petilion w~hin thirty (30)
$14,700.00 in U.S. Cummcy daya 01 the final publication 01 this
$1,2OO.OQinU.S.Cllrrency notice. The pelition shall be signed
TO: ALL PARTIES HAVING OR by Ihe pet~ioner llnder penalty 01
CLAIMING TO HAVE ANY perjllry am:! shall set forth !he
RIGHT, TITLE OR INTEREST IN natllre and extent 01 the petllioner's
THE ABOVE-DESCRIBED PRO. right, title or intera.l in thelorleitlld
PERTY property, Ih" lime and circum.
YOU ARE HEREBY NOTIFIED, atances 01 Ihe petiliona~s acqllisi.
pursuant 10 Florida Stalules tion 01 lhe right. tille and interest in
!iQ32.704, Ihal a civil forfe~llre ee. the lorleiled property and any addi-
lion has been fiied againlllthe Iional facts Sllpportingll1epe1i-
abolle-descrlbed property by the lione~sciaimandlhereliefsoughl.
City 01 Coral Gables, a member of Respectfully sllbmil1l1d,
th" Sollth Florida Impact TaSk WILLIAM A. KEEFER
Force. Any claimant who desirea to UNITED STATES ATTORNEY
oonleslthe lorfeiture mllst lile and BY: BARBARAJEANTllRONE
serve responsive pleadings aM al. ASSISTANT U.S. ATTORNEY
:~~t::":'~~':e ~h:PI;?ntd:~ ~~H~~~~~Mii~~EV I
the Court's probable cause finding, , ASSISTANT U.S. ATTORNEY
Copies of all respon.ive ~esdings 'I 99 N.E. 4TH STREET,
!iled in this eBllse should be served I MIAMI, FLORIDA 33132.2111
on the undersigned oounsel. Fail-: TEL (305)530.7646
llnllo file a nlsponSl1/& pleading FAX (305) 536-7599
and affirmalll/& delenses may fe 111120 96--41120113M
sullln a detallll being entered
against yoll NOTICI! OF ACTION
Resp6ctllll1y S\Jbmilled BEFORE THE CONSTRUCTION I
AKERMAN, SENTERFm I: INDUSTRY LICENSING BOARD
E1.DSON,P.A, IIN RE: Th. ,e lieense to practice
28th Floor construction 01
One Sootheast Third Avenue Robert Roger Nelson
Miami Florida 33131.1704 2809BlrdAvenllell28ll
(305)374-5600 CoeonutGrO\lll,FL33133
Fax No.: (305)374-5095 I CASE NO.: 94--09082
By: JONATHAN GOODMAN, LICENSE: CB-C017989
ESQ, I The Department of BllSiness and
11113-20 9&-4-111337M Pro'essional Ragulation has filed
an Administrative Complaint aga.
irlStYOll, a copy 01 willch may be
obtained by oontacting, Attorney
G.W. HARRELL, Department 01
Busineas and ProfllSSional Regu.
lation, 1940 N. Monroe Slreet,
TaHahaSlllle,FIQrida32399-0182,
(904)486--0062.
llnooontacthu been mada by
you oonceming the above by Oe--
cember4, 1996, the mailer 01 the
Adminiatretive Complaint will be
~atlll'lensuing..-tingol
the Constructlon Im:luatry Ucensing
Boerd in an in'ormal proceeding.
In aooordlll'lce wiIh the AmIIrt.
eanswi!hOisabilitilsAct,persons
needing a special aceommodatlon
10 participate in this procIIIIdIng
shollld oontact the individullJ or
lllgllney sending notice not later
thin sellin days pnor 10 the pro-
ceedingatthl addrlllsgiven on
notice. Te4ephol'lll: (904)251-8091;
1-800-955-8111 (TOO) or 1-800-
955-8770(V),via Florida Relay
Service.
10/30 1116-13-20 96-4.103042M
NOTICE OF ACTIOII
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY,
FLORIDA.
GENERAL JURISDICTION
DMSION
CASE NQ, 98-21305 CA 09
INRE:
FORFEITURE OF THE FOL-
LOWlNG DESCRIBED CUR.
RENCY:
$176,892.00 in U.S. Currency
TO: ALL PARTIES HAVING OR
CLAIMING TO HAVE ANY
RIGHT, TITLE OR INTEREST IN
THE ABOVE-DESCRIBED PRO-
PERTY
YOU ARE HEREBY NOTIFIED,
pursuant 10 Florida S1a1ulea
5932.104,lhatacivi'forfeitllrelC-
tion has been filed againatlhe
aboYe-describlldpropllflybythe
City of Coral Gables, a member 01
IhII South Florida Impact Task
Force. Arty clIimant who deai," 10
eonteatlhelortel1uremu.tfileand