12-17-1996 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
DECEMBER 17, 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
WELCOME TO YOUR CITY COUNCIL MEETING
We am pleased that you have demonstrated an interest in the City of Aventura by attending a City
Council meeting. We hope you will attend more of these meetings In the future.
GENERAL INFORMATION
The City of Aventura wes Incorporated on November 7, 1995 and operates under the "Council -
City Manager Plan." The City Council is comprised of slx membera and the Mayor selected by the
residents of Aventura to serve as the City's goveming body. It Is responsible for adopting
policies of the City, passing ordinances, adopting resolutions, approving various development
reclueets and adopting the budget. A City Manager is appointed by the City Council to serve as
the administrative head of the government and provides recommendations to the City Council on
policy Issues.
The City Council Meeting is a formal meeting of the members of the Council to transact City
business. This business is conducted in a manner prescribed by resolution, laws and
regulations which require formal actions and the following of specific procedures.
The AGENDA Is a printed document that lists the order of business for the Council meeting.
GENERAL RULES AND PROCEDURES
Addressinq Council - Members of the public may address the City Council on matters during the
following portions of the AGENDA: Public Hearings, Other Business and Public Comments.
Each person who addressee the Council shall step up to the speaker's podium and give his/her
name and address. Public dlecueelon is limited to three minutes maximum per person, however
the Mayor may allow more time. All questions from the public to the Council shall be addressed
through the Mayor.
Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to
the city may do so by signing in with the City Clerk prior to the meeting. The Mayor will
recognize those persons who signed in under the agenda item "Public Comments."
Decorum - Any person making Impertinent or slanderous remarks or who becomes boisterous
while addreesing the Council, shall be barred from further audience before the Council by the
Mayor, unless permission to continue or again address the council be granted by the majority
vote of the Council. No clapping, applauding, heckling or verbal outburst In support or
opposition to a speaker or his or her remarks shall be permitted, No signs or placards shall be
allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly.
The above represents a summarization of the Comprehensive council Meeting and Agenda
Procedures Resolution. Copies of this resolution are available from the Office of the City
Manager.
CITY OF AVENTURA
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 17, 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 DECEMBER 2, 1996
COUNCIL MEETING DECEMBER 3, 1996
4. AGENDA:
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
5. SPECIAL PRESENTATIONS: NONE
6. CONSENT AGENDA:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE
EXECUTION AND DELIVERY OF A LINE OF CREDIT
AGREEMENT BETWEEN THE CITY AND BARNETT
BANK, N.A., SOUTH FLORIDA, PROVIDING FOR LINE
OF CREDIT OF NOT EXCEEDING $10,000,000;
C=
DECEMBER 17, 1996
AUTHORIZING A DRAWS THEREON AS NEEDED IN
ORDER TO FINANCE THE ACQUISITION AND
CONSTRUCTION OF VARIOUS CAPITAL
IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE
ISSUANCE OF A NOTE TO SECURE THE REPAYMENT
OF THE INITIAL DRAW AND ALL FUTURE DRAWS
UNDER THE LINE OF CREDIT; AUTHORIZING A
PLEDGE OF THE CITY'S UTILITY TAX REVENUES AND
PROVIDING FOR A COVENANT TO BUDGET AND
APPROPRIATE CERTAIN LEGALLY AVAILABLE NON-
AD VALOREM FUNDS TO PAY DEBT SERVICE ON
SUCH NOTE; AUTHORIZING THE EXECUTION AND
DELIVERY OF OTHER DOCUMENTS IN CONNECTION
WITH THE DELIVERY OF THE LINE OF CREDIT
AGREEMENT AND THE NOTE; AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS RESOLUTION.
(Authorizes the execution of the Line of Credit Agreement
with Barnett Bank at the interest rate of 4.58% not to exceed
$10,000,000)
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING REGULATIONS GOVERNING
THE REMOVAL OF CANINE FECAL MATTER FROM
PUBLIC AND CERTAIN PRIVATE PROPERTY,
REQUIRING CANINES TO BE LEASHED ON PUBLIC
AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
(Establishes regulations for dog owners to clean up waste
and leash requirements)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
REPEALING ORDINANCE NO. 96-26; GRANTING TO
BELLSOUTH TELECOMMUNICATIONS, INC. A NON-
EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA;
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS,
INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND
STREETS OF THE CITY, FOR THE PURPOSE OF
ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE EQUIPMENT
THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
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DECEMBER 17, 1996
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Readopts BellSouth franchise requirements)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE
NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING
PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL
EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
(Establishes regulations prohibiting excessive noise,
provides for permits for special events and a fine system for
violations)
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
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.
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DECEMBER 17, 1996
10.
11.
12.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING ADVISORY BOARD; PROVIDING
FOR CREATION, COMPOSITION AND QUALIFICATIONS;
TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND
RESPONSIBILITIES; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTIONS: NONE
OTHER BUSINESS:
DISCUSSION AND POSSIBLE MOTION TO PREPARE
THE NECESSARY LEGISLATION TO NAME THE
PROPOSED NEW PARK AS "AVENTURA FOUNDERS
PARK"
REPORTS:
· MAYORAND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
PUBLIC COMMENTS
ADJOURNMENT
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DECEMBER 17, 1996
SCHEDULE OF FUTURE MEETINGS/EVENTS:
MONDAY, JANUARY 6, 1997 9 AM
COUNCIL WORKSHOP MEETING*
TUESDAY, JANUARY 7, 1997 7 PM
COUNCIL MEETING**
TUESDAY, JANUARY 21, 1997 7 PM
COUNCIL MEETING**
*Government Center 2999 NE 191 st Street Suite 500 Aventura, Flodda
**Columbia Aventura Medical Arts Building 21110 Biscayne Blvd. Suite 101, Aventura, Florida
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
466-8901, not later than two days prior 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
DECEMBER 2, 1996 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 19'1sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Vice Mayor Arthur Berger at 9 a.m. Present were
Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia
Rogers-Libert, Vice Mayor Arthur Berger, City Manager Eric M. Soroka, City Attorney
David Wolpin and City Clerk Teresa M. Smith. The following items were discussed:
1. Proposed Legislative Program & Priorities for 1997. Mr. Soroka provided
Council with proposed Legislative Programs and Priorities for 1997. Council
concurred with the program with an amendment to include item #201.4 of the Florida
League of Cities' program requesting legislation granting cities and counties the
authority to legally challenge under-assessments of properties within their respective
jurisdictions. It was further the consensus of Council not to pursue funding/grants
for design and construction of multi-purpose bus terminal and study of use of FEC
railroad for railbus service.
2. Proposed Newsrack Regulation Ordinance. Gerald Budney, Esq., counsel for
the Miami Herald in attendance. Concern was expressed regarding safety and the
placement of newsracks. Concensus of Council to defer second reading of this
Ordinance to December 17, 1996 with additional amendments to be made thereto.
3. Planning Board Legislation. Council discussed amending the proposed ordinance
to provide that each official action of this Board would require at least 4 votes of its
members, amend Section 4.A.l. and 4.A.2 to insert "provide recommendations" in
place of "To assist in the preparation" and "To assist in the creation." Consensus to
proceed with second reading on December 17, 1996. Appointments to be made no
later than the first meeting in February 1997.
4. Proposed City Charter Amendments. In order to clarify certain provisions in the
City Charter, proposed amendments were discussed, including, but not limited to
eliminating the provision for run-off elections, elections to be held in November,
clarification in the qualifications of candidates for office (to be done by Ordinance),
clarification in the provision for vacancies, forfeiture of office and filling of vacancies,
discussion as to term limits deferred. City Attorney requested to research length of
campaigns and limiting funds spent on campaigns.
5. Recognition of Incorporation Committee. Consensus of Council to recognize
these individuals at the first meeting in February 1997.
6. International Sister Cities Program. Deferred by City Manager.
7. Other Business/Reports/Council Meeting Agenda Questions. Discussion
included land acquisition, government center, police station. City Manager directed
to obtain a needs assessment for City facilities. Further discussion included code
enforcement; formation of a Chamber of Commerce; establishment of amhitectural
standards; participation by the Marketing Council in the Arts festival; legislation
requiring dog owners to clean up waste and leash requirements; and the Library.
There being no further discussion, the meeting adjourned at 1:30 p.m.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
2
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, DECEMBER 3, 1996, 7 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 Vice Mayor
Berger at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry
Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, City
Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney David M.
Wolpin. Mayor Snyder was absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Ruby Steiner led the pledge of allegiance.
3. APPROVAL OF MINUTES: Vice Mayor Berger requested that the minutes of the
November 19, 1996 Council meeting be amended to reflect his title as Vice Mayor.
A motion to approve the minutes of the November 18, 1996 Workshop meeting as
submitted and the November 19, 1996 Council meeting as amended was offered
by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and
unanimously passed.
AGENDA: A motion to add to the agenda approval of the 1997 Legislative
Program and Priorities was offered by Councilmember Rogers-Libert, seconded by
Councilmember Perlow and unanimously passed. A motion to add to the agenda a
Special Presentation by City Landscape Architect William O'Leary was offered by
Councilmember Rogers-Libert, seconded by Councilmember Holzberg and
unanimously passed. A motion to defer Agenda Item 7.B. to December 17, 1996
was offered by Councilmember Rogers-Libert, seconded by Councilmember
Holzberg and unanimously passed. Councilmember Cohen requested removal of
Agenda Items 6.B. and 6.D. from the Consent Agenda.
SPECIAL PRESENTATIONS: City Landscape Architect William O'Leary
presented concepts of landscaping and beautification. The following members of
the public spoke: June Stevens, Del Vista Townhomes; George Feffer, Admirals
Por~; and Lionel Socolov, 3530 Mystic Point Drive.
CONSENT AGENDA: Mr. Soroka provided a summary of all items on the Consent
Agenda. A motion to approve the Consent Agenda was offered by Councilmember
Rogers-Libert, seconded by Councilmember Perlow, unanimously passed and the
following action was taken:
Resolution No. 96-57 was adopted as follows:
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.
Resolution No. 96-58 was adopted as follows:
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.
The following motion was passed:
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
The City of Aventura 1997 Legislative Program and
Priorities was approved.
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.
A motion to amend the resolution to include a provision that the contract may be
renewed at the end of the first year with Council approval was offered by
Councilmember Cohen and seconded by Councilmember Holzberg. The
amendment failed. A motion to approve the resolution was offered by
Councilmember Rogers-Libert, seconded by Councilmember Beskin and
unanimously passed. Thus, Resolution No. 96-59 was adopted.
D=
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.
An amendment to the motion to include landscaping of the northern boundary
median from the county line to NE 207'h Street and to explore public/private
partnerships for landscaping at NE 207th and 213th Streets was offered by
Councilmember Perlow, seconded by Councilmember Rogers-Libert and
unanimously passed. The motion, as amended, was offered for approval by
Councilmember Rogers-Libert, seconded by Counciimember Holzberg and
unanimously passed.
7. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
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
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PROCEEDS OF SUCH UTILITY TAX ARE INSUFFICIENT
TO PAY THE DEBT SERVICE ON THE OBLIGATIONS,
WHEN DUE; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
Vice Mayor Berger opened the public hearing. Mr. Elliot/Kalis, 20500 W. Country
Club Drive, spoke. There being no further speakers, the public hearing was closed.
A motion to approve the ordinance was offered by Councilmember Beskin,
seconded by Councilmember Holzberg, unanimously passed by roll call vote and
Ordinance No, 96-31 was enacted.
B. Deferred.
8. RESOLUTIONS: NONE
9. 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
A motion to approve the resolution was offered by Councilmember Cohen,
seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote
and Resolution No. 96-60 was adopted.
10. REPORTS:
A motion to appoint Councilmember Rogers-Libert as the representative at the next
Dade County League of Cities meeting was offered by Councilmember Beskin,
seconded by Councilmember Perlow and unanimously passed.
A motion to appoint Councilmember Rogers-Libert as the voting delegate at the
National League of Cities' conference in San Antonio on December 7, 1996 was
offered by Councilmember Beskin, seconded by Councilmember Perlow and
unanimously passed.
11. PUBLIC COMMENTS: The following members of the public spoke: Ruby Steiner,
20301 W. Country Club Drive; Harry Crook, Commodore Plaza; Lionel Socolov;
Donald Brody, 4000 Island Blvd.; and June Stevens.
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12. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting adjourned at 8:50
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 headng 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
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council k~e
Eric M. Soro r
Harry M. Kilgore, Finan'ee. Sl~pport Services Director
December 11, 1996
Resolution Authorizing Formal Agreement for Line of Credit
December 17th, 1996 Council Meeting Agenda Item (o -/~
Recommendation
It is recommended that the City Council adopt the attached Resolution which formalizes the
agreement for the $10,000,000 Line of Credit with Barnett Bank NA.
Background
At the December 3"d Council meeting, the City Council approved a resolution which
accepted the basic proposal from Barnett Bank for a Line of Credit of $10,000,000. The
resolution proposed for the December 17th meeting goes significantly further and authorizes
the City Manager to execute a Line of Credit Agreement which formalizes and specifies all
the terms and conditions relating to financing.
The agreement was prepared by our Bond Counsel (Nabors Giblin & Nickerson) after
consultation with our Financial Advisors (Rauscher Pierce Refsnes), Barnett Bank's own
legal Counsel, and City staff. The documents have been reviewed and changes made
where appropriate. All of the above individuals have agreed to the current content of the
documents.
The agreement is somewhat lengthy but can be summarized as follows:
Maximum Amount:
$10,000,000
Maximum Maturity:
3 years but can be prepaid at any time, at the
City's option, without penalty.
Page (2)
Resolution Authorizing Formal Agreement
for Line of Credit
Interest Rate:
Interest Payment Dates:
Principal Payment:
Draw Schedule:
4.58% fixed for the term of the agreement.
Semi-annually on July 1st and January 1st
No principal amortization required; total
principal balance due at the end of 3 years
or sooner at the City's option.
As determined by the City but in increments
of $50,000.
As I stated when the City Council approved the award to Barnett, I am very pleased with
the terms, conditions and interest rate for this financing. I think that the financing team
consisting of bond counsel, financial advisors, bank and bank's counsel and City staff
worked together well to arrive at a financing program that is very beneficial to the City's
needs. I, therefore, recommend adoption of the resolution.
Should you have any questions, please feel free to contact me.
HMK/mn
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE
EXECUTION AND DELIVERY OF A LINE OF CREDIT
AGREEMENT BETWEEN THE CITY AND BARNETT
BANK, N.A., SOUTH FLORIDA, PROVIDING FOR A LINE
OF CREDIT OF NOT EXCEEDING $10,000,000;
AUTHORIZING DRAWS THEREON AS NEEDED IN
ORDER TO FINANCE THE ACQUISITION AND
CONSTRUCTION OF VARIOUS CAPITAL
IMPROVEMENTS WITHIN THE CITY; AUTHORIZING
THE ISSUANCE OF A NOTE TO SECURE THE
REPAYMENT OF THE INITIAL DRAW AND ALL FUTURE
DRAWS UNDER THE LINE OF CREDIT; AUTHORIZING A
PLEDGE OF THE CITY'S UTILITY TAX REVENUES AND
PROVIDING FOR A COVENANT TO BUDGET AND
APPROPRIATE CERTAIN LEGALLY AVAILABLE NON-
AD VALOREM FUNDS TO PAY DEBT SERVICE ON SUCH
NOTE; AUTHORIZING THE EXECUTION AND DELIVERY
OF OTHER DOCUMENTS IN CONNECTION WITH THE
DELIVERY OF THE LINE OF CREDIT AGREEMENT AND
THE NOTE; AND PROVIDING FOR AN EFFECTIVE DATE
FOR THIS RESOLUTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution
is adopted pursuant to the provisions of Chapter 166, Florida Statutes, Ordinance No. 96-31
duly adopted on December 3, 1996 (the "Ordinance"), Resolution No. 96-58 adopted on
December 3, 1996 and other applicable provisions of law.
SECTION 2.
FINDINGS. It is hereby ascertained, determined and declared:
(A) That pursuant to a request for proposals the City requested proposals from
banks to provide the City with a $10,000,000 line of credit, the proceeds of which would be
applied to finance, refinance or reimburse the costs of various capital improvements within
the City in accordance with the terms of the Ordinance.
(B) That Barnett Bank, N.A., South Florida ("the Bank") submitted the most
beneficial proposal for the line of credit.
(C) That on December 3, 1996, the City adopted a Resolution accepting the
proposal of the Bank and authorizing the City Manager to negotiate the appropriate
documentation with the Bank.
(D) The Bank and representatives of the City have negotiated a Line of Credit
Agreement with the Bank substantially in the form of Exhibit A attached hereto and made
a part hereof (the "Line of Credit Agreement").
(E) That there is presently a need to acquire and construct certain capital
improvements within the City, as more particularly described on Exhibit B attached hereto
and all in accordance with the plans and specifications on file or to be on file with the City,
as the same may be modified from time to lime (the "Project").
(F) That the costs of the Project in an aggregate mount not to exceed $10,000,000
shall be financed from amounts drawn on the line of credit pursuant to this Resolution and
the Line of Credit Agreement.
(G) That the amounts to be drawn on the line of credit pursuant to this Resolution
and the Line of Credit Agreement shall be repaid solely from the Utility Tax Revenues and
any Non-Ad Valorem Funds (as defined in the Line of Credit Agreement) budgeted for such
purpose, in the manner provided herein, in the Ordinance and in the Line of Credit
Agreement.
(H) That it is not reasonably anticipated that more than $10,000,000 of tax-exempt
obhgafons under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the
"Code") will be issued by the City in calandar year 1996.
SECTION 3. DEFINITIONS. Capitali:,ed terms not defined herein shall have
the meanings ascribed thereto in the Ordinance and the Line of Credit Agreement.
SECTION 4. AUTHORIZ&TION OF LINE OF CREDIT AGREEMENT.
Draws under the line of credit with the Bank and the repayment of such draws by the City
shall be pursuant to the terms and provisions of the Line of Credit Agreement. The City
hereby authorizes the City Manager and the City Clerk or any designated Deputy City Clerk
to execute and deliver on behalf of the City the Line of Credit Agreement by and between
the City and the Bank substantially in the form attached hereto as Exhibit A, with such
changes, insertions and additions as they may approve, their execution thereof being
evidence of such approval.
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SECTION S. AUTHORIZATION OF THE PROJECT. The City does
hereby authorize the acquisition and construction of the Project.
SECTION 6. AUTHORIZATION OF DRAWS ON THE LINE OF
CREDIT TO FINANCE A PORTION OF THE COSTS OF THE PROJECT. The City
does hereby approve draws on the line of credit in the aggregate principal mount of not
exceeding $10,000,000 for the purpose of providing the City with funds to finance a portion
of the costs of the Project. The City Manager and the City Clerk or any designated Deputy
City Clerk are hereby authorized to execute, attest, seal and deliver on behalf of the City a
Note and other documents, instruments, agreements and certificates necessary or desirable
to effectuate such draw, as provided in the Line of Credit Agreement. The draw shall be
made at such time or times as shall be detennined by the City Manager, or his designee. The
Note securing the Draw shall bear interest at the Tax-Exempt Rate (as defined in the Line
of Credit Agreement) and shall have a Final Maturity Date of December 30, 1999.
SECTION 7. DESIGNATION OF NOTE AS QUALIFIED TAX-EXEMPT
OBLIGATION. The City hereby designates the Note as a "qualified tax-exempt obligation"
under Section 265(b)(3) of the Code. This designation is based upon the findings of the City
set forth in Section 2(I-1) of this Resolution and the City Manager is authorized to certify such
finding upon the issuance of the 1996 Note. The City acknowledges that any action which
adversely impacts the status of the 1996 Note securing such draw as a "qualified tax-exempt
obligation" will result in an upward adjustment to the interest rate on such 1996 Note.
SECTION 8. LIMITED OBLIGATIONS. The obligation of the City to
repay the draw authorized hereunder is a limited and special obligation payable solely from
the Pledged Revenues (as defined in the Line of Credit Agreement") in the manner and to the
extent set forth in the Line of Credit Agreement and shall not be deemed a pledge of the faith
and credit or taxing power of the City and such obligation shall not create a lien on any
property whatsoever of or in the City.
SECTION 9. GENERAL AUTHORIZATION. The City Manager, Finance
Director and City Clerk and other employees or agents of the City are authorized to execute
and deliver such documents, instruments and contracts, and are hereby authorized and
directed to do all acts and things required hereby as may be necessary for the full, punctual
and complete performance of all the terms, covenants, provisions and agreements herein
contained, or as otherwise may be necessary or desirable to effectuate the purpose and intent
of this Resolution.
3
SECTION10. REPEAL OF INCONSISTENT DOCUMENTS. All
ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and
repealed to the extent of such conflict.
SECTION 11. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was offered by Council member
moved its adoption on first reading. The motion was seconded by
being put to a vote, the vote was as follows:
· who
and upon
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Peflow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of December, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
EXHIBIT A
FORM OF LINE OF CREDIT AGREEMENT
EXHIBIT B
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.
Buildings and Other Improvem~t,S. 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
government and police.
LINE OF CREDIT AGREEMENT
BETWEEN
CITY OF AVENTURA, FLORIDA
AND
BARNETT BANK, N.A.
Dated as of December 20, 1996
TABLE OF CONTENTS
SECTION 1.01
SECTION 1.02.
SECTION 1.03.
ARTICLE I
DEFINITION OF TERMS
DEFINITIONS ....................................... 2
INTERPRETATION ................................... 5
TITLES AND HEADINGS .............................. 6
ARTICLE II
REPRESENTATIONS, WARRANTIES AND COVENANTS;
SECURITY FOR NOTE
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 2.05.
SECTION 2.O6
SECTION 2.07.
SECTION 2.08.
SECTION 2.09.
REPRESENTATIONS BY THE CITY ..................... 7
GENERAL REPRESENTATIONS, WARRANTIES AND
COVENANTS OF THE BANK .......................... 8
TAX COVENANTS ................................... 8
NOTE NOT TO BE INDEBTEDNESS OF THE
CITY OR STATE ..................................... 8
SECURITY FOR NOTE ................................ 9
COVENANT TO BUDGET AND APPROPRIATE ........... 9
ISSUANCE OF ADDITIONAL PARITY OBLIGATIONS ..... 10
PAYMENT COVENANT .............................. 10
TAXING POWER NOT PLEDGED ...................... 10
SECTION 3.01.
SECTION 3.02.
SECTION 3.03.
ARTICLE III
DESCRIPTION OF NOTE; PAYMENT TERMS;
OPTIONAL PREPAYMENT
DESCRIPTION AND PAYMENT TERMS OF THE NOTE . . . 11
OPTIONAL PREPAYMENT ........................... 12
ADJUSTMENTS TO INTEREST RATES ................. 13
ARTICLE IV
CONDITIONS FOR DRAWS
SECTION 4.01. CONDITIONS FOR DRAWS ........................... 17
ARTICLE V
EVENTS OF DEFAULT; REMEDIES
SECTION 5.01.
SECTION 5.02.
EVENTS OF DEFAULT .............................. 20
REMEDIES ........................................ 20
ARTICLE VI
MISCELLANEOUS
SECTION 6.01.
SECTION 6.02.
SECTION 6.03.
SECTION 6.04.
SECTION 6.05.
SECTION 6.06.
SECTION 6.07.
SECTION 6.08.
SECTION 6.09.
SECTION 6.10.
AMENDMENTS, CHANGES OR MODIFICATIONS TO THE
AGREEMENT ...................................... 22
COUNTERPARTS ................................... 22
SEVERABILITY .................................... 22
TERM OF AGREEMENT ............................. 22
ASSIGNMENT ...................................... 22
NOTICE OF CHANGES IN FACT ....................... 22
NOTICES .......................................... 23
APPLICABLE LAW .................................. 23
NO THIRD-PARTY BENEFICIARIES ................... 23
INCORPORATION BY REFERENCE .................... 23
EXHIBIT A
EXHIBIT B
THE PROJECTS ..................................... A- 1
FORM OF NOTE .................................... B-1
ii
This LINE OF CREDIT AGREEMENT (the "Agreement") is made and entered into
as of December 20, 1996, between City of Aventura, Florida, a municipal corporation duly
organized and validly existing under the laws of the State of Florida (the "City"), and Barnett
Bank, N.A., a national banking corporation, and its successors and assigns (the "Bank");
WITNESSETH:
WHEREAS, the City is authorized by the provisions of Chapter 166, Florida Statutes,
the Ordinance (as defined herein), and other applicable provisions of law (the "Act") to,
among other things, acquire, conslmct, equip, own, sell, lease, operate and maintain various
improvements and public facilities to promote the welfare and economic prosperity of the
residems of the City and to borrow money to finance the acquisition, conslruction, equipping
and maintenance of such improvements and public facilities; and
WHEREAS, the City finds it necessary and in the best interests of the City to finance
the acquisition, construction and equipping of certain capital improvements as more
particularly described on Exhibit A attached hereto and all incidental costs relating thereto
(the "Projects"); and
WHEREAS, the City finds that the Projects will serve a public purpose under the
Act; and
WHEREAS, the Bank is willing to make available to the City, and the City is willing
to enter into, a non-revolving line of credit arrangement pursuant to the terms and provisions
of this Agreement in an aggregate principal amount of not exceeding $10,000,000 (unless
the Bank and the City mutually agree pursuant to Section 4.01(c) hereof to adjust such limit
upward) under which the City may draw moneys from time to time to finance, refinance or
reimburse itself for the costs of the Projects.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
That the parties hereto, intending to be legally bound hereby and in consideration of
the mutual covenants hereinafter contained, DO HEREBY AGREE as follows:
ARTICLE I
DEFINITION OF TERMS
SECTION 1.01 DEFINITIONS. The terms de£med in this Article I shall, for
all purposes of this Agreement, have the meanings in this Article I specified, unless the
context clearly otherwise requires.
"Act" shall mean Chapter 166, Florida Statutes, the Ordinance and other applicable
provisions of law.
"Agreement" shall mean this Line of Credit Agreement, dated as of December 20,
1996, between the City and the Bank and any and all modifications, alterations, amendments
and supplements hereto made in accordance with the provisions hereof.
"Bank" shall mean Barnett Bank, N.A., and any successors and assigns.
"Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A., Tampa, Florida or
any other attorney at law or rum of attorneys selected by the City with the consent of the
Bank, of nationally recognized standing in matters pertaining to the federal tax exemption
of interest on obligations issued by states and political subdivisions, and duly admitted to
practice law before the highest court of any state of the United States of America.
"Business Day" or "business day" shall mean any day other than a Saturday, Sunday
or a day on which banking institutions within the State or the City are authorized by law to
remain closed.
"City" shall mean the City of Aventura, Florida, a municipal corporation duly
organized and validly existing under the laws of the State of Florida.
"City Manager" shall mean the City Manager of the City of Aventura, Florida and
such other person as may be duly authorized to act on his or her behalf.
"Clerk" shall mean the City Clerk of the City of Aventura, Florida and such other
person as may be duly authorized to act on his or her behalf.
"Code" shall mean the Internal Revenue Code of 1986, as amended, and the
applicable rules and regulations promulgated thereunder.
"Cost" or Costs," as the same relates to all or a portion of the Projects, shall mean
(I) the cost of physical construction, reconstruction or completion; (2) the cost of acquisition
2
or purchase; (3) the cost of all labor, materials, machinery and equipment; (4) the cost of
land and interests therein, property rights, 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 Note 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 ennsultant fees and expenses; (8) the cost of plans and
specifications, consmaction plans, surveys and estimates 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 facility, insurance company or depository; (10) payments, when due (whether at
the maturity of principal or the due date of interest or upon redemption) on any interim or
tempomy indebtedness incurred for any portion ora Project; (l 1) costs and expenses related
to the issuance of the Note or other indebtedness related to a Project; and (12) any other costs
and expenses properly araibutable to acquisition or conswaction of a Project, and such other
expenses as may be necessa~ or incidental to the issuance of the Note; and shall include
reimbursement to the City or any other person, firm or corporation for any moneys advanced
for any costs incurred by the City or such person, finn or corporation in connection with any
such items of costs.
"Council" shall mean the City Council of the City of Aventura, Florida.
"Determination of Taxability" shall mean the circumstance of interest paid or
payable on the Note becoming includable for federal income tax purposes in the gross
income of the Noteholder as a consequence of any act, omission or event whatsoever and,
except as provided in Section 3.03CO)(2) hereof, regardless of whether the same was within
or beyond the control of the City. A Determination of Taxability will be deemed to have
occurred upon (a) the receipt by the City or the Noteholder of an original or a copy of an
Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency
which holds that any interest payable on the Note is includable in the gross income of such
Noteholder; Co) the issuance of any public or private ruling of the Internal Revenue Service
that any interest payable on the Note is includable in the gross income of the Noteholder; or
(c) receipt by the City or the Noteholder of an opinion of Bond Counsel that any interest on
the Note has become includable in the gross income of the Noteholder for federal income tax
purposes. For all purposes of this definition, a Determination of Taxability will be deemed
to occur on the date as of which the interest on the Note is deemed includable in the gross
income of the Noteholder; provided, however, the Bank shall in all cases grant the City a
reasonable opportunity to contest any memoranda, notice, ruling or opinion described in
clauses (a), (b) or (c) above before a Determination of Taxability will be deemed to have
occurred, but, ff unsuccessful, such Determination of Taxability shall be retroactive to the
applicable date under clauses (a), Co) or (c) above. A Determination of Taxability shall not
occur in the event such interest is taken into account in determining adjusted current earnings
for the purpose of the alternative minimum income tax imposed on corporations.
3
"Draw" or "Drawing" shall mean a borrowing of money under this Agreement in
accordance with Article IV hereof.
"Federal Rate" shall mean, at any time, the then-current maximum marginal rate of
federal corporate income taxation imposed pursuant to the Code.
"Final Maturity Date" shall mean, December 30, 1999, the date on which all of the
principal and the fmal payment of interest on the Note is due and payable. The Final
Maturity Date may be extended by the mutual consent of the Bank and the City in
accordance with Section 6.04 hereof.
"Finance Director" shall mean the Finance Director of the City of Aventura, Florida
and such other person as may be duly authorized to act on his or her behalf.
"Fiscal Year" shall mean the period commencing on October I of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law.
"Non-Ad Valorem Funds" shall mean all revenues of the City for any particular
Fiscal Year 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 in such Fiscal Year.
"Note" shall mean the revenue note authorized by Resolution and delivered by the
City to the Noteholder in connection with the initial Drawing as modified from time to time
to reflect additional Drawings, all in accordance with the requirements set forth in Article
IV hereof.
"Noteholder," "holder of the Note" or "holder" shall mean the Bank as the holder
of the Note, or any other registered holder of or participant in any Note.
"Noteholder's Adjusted Cost of Funds" shall mean the fraction (expressed as a
percentage), det¢~ada~ed by Barnett Banks, Inc., the numerator of which is thc total interest
expense of the Noteholder for each calendar year and the denominator of which is the total
average adjusted bases of all assets of the Notcholder during the calendar year as determined
under Section 265Co)(2)(B) of the Code or any successor provision thereto.
"Ordinance" shall mean the City's Ordinance No. 96-31 adopted on December 3,
1996.
4
"Pledged Revenues" shall mean with respect to any Project (1) amounts deposited
in the funds and accounts established for the benefit of the Noteholder(s), including any
investment 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
specificat/ons 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 Resolution No. 96- adopted by the City on December
17, 1996, which among other things authorized the execution and delivery of this Agreement.
The term "Resolution" shall also include any and all subsequent resolutions of the City
adopted for the purpose of authorizing the issuance of Drawings hereunder for the purpose
of financing or refinancing a portion of the costs of the Projects.
"State" shall mean the State of Florida.
"State Rate" shall mean, at any time, the then-current maximum marginal rate of
corporate income tax imposed by the State.
"Tax-Exempt Rate" shall mean 4.58% per annum.
"Tax Certificate" shall mean the Certificate as to Arbitrage and Certain Other Tax
Matters, or a similar certificate, to be executed by the City relating to a Note, as such
Certificate may be amended from time to time, as a source of guidance for achieving
compliance with the Code, as required by Section 2.03 hereof.
"Taxable Rate" shall mean 9% per annum.
"Utility Tax Ordinance" shall mean City Ordinance 96-03 adopted by the City on
May 7, 1996, as amended, and any successor instrument thereto.
"Utility Tax Revenues" shall mean the revenues received by the City from the levy
of a utility tax on utility and telecommunication services within the City in accordance with
Section 166.231, Florida Statutes, and the Utility Tax Ordinance.
SECTION 1.02. INTERPRETATION. Unless the context clearly requires
otherwise, words of the masculine gender shall be construed to include correlative words of
the feminine and neuter genders and vice versa, and words of the singular number shall be
construed to include correlative words of the plural number and vice versa. Any capitalized
terms used in this Agreement not herein defined shall have the meanings ascribed to such
5
terms in the Ordinance. This Agreement and all the terms and provisions hereof shall be
construed to effectuate the purposes set forth herein and to sustain the validity hereof.
SECTION 1.03. TITLES AND HEADINGS. The rifles and headings of the
articles and sections of this Agreement, which have been inserted for convenience of
reference only and are not to be considered a part hereof, shall not in any way modify or
restrict any of the terms and provisions hereof, and shall not be considered or given any
effect in construing this Agreement or any provision hereof or in ascertaining intent, if any
question of intent should arise.
6
ARTICLE II
REPRESENTATIONS, WARRANTIES AND COVENANTS;
SECURITY FOR NOTE
SECTION 2.01. REPRESENTATIONS BY THE CITY. The City represents,
warrants and covenants that:
(a) The City is a municipal corporation duly organized and validly existing under
the laws of the State. Pursuant to the Ordinance and the Resolution, the City (i) has duly
authorized the execution and delivery of(i) this Agreement, and the performance by the City
of all of its obligations hereunder, and (ii) the Note to be issued hereunder, and the
performance by the City of all its obligations relating thereto.
(b) The City has complied with all of the provisions of the constitution and laws
of the State, and has full power and authority to enter into and consummate all transactions
contemplated by this Agreement or under the Note, and to perform all of its obligations
hereunder and, to the best knowledge of the City, the transactions contemplated hereby do
not conflict with the terms of any statute, order, rule, regulation, judgment, decree,
agreement, instrument or commimaent to which the City is a party or by which the City is
bound.
(c) The City is duly authorized and entitled to issue the Note. The Agreement and,
when issued in accordance with the terms of this Agreement, the Note will each constitute
legal, valid and binding obligations of the City enforceable in accordance with their
respective terms, subject as to enforceability to bankruptcy, insolvency, moratorium,
reorganization or other similar laws affecting creditors' fights generally, or by the exercise
of judicial discretion in accordance with general principles of equity or public policy.
(d) There are no actions, suits or proceedings pending or, to the best knowledge
of the City, threatened against or affecting the City, at law or in equity, or before or by any
governmental authority, that, if adversely determined, would materially impair the ability of
the City to perform the City's obligations under this Agreement or under the Note.
(e) The City will furnish to the Bank within 120 days of each Fiscal Year annual
audited financial statements of the City certified by an independent certified public
accountant.
(f) The City will furnish to the Bank (i) within 30 days after its adoption in each
fiscal year a copy of the City's tentative budget, and (ii) within 30 days after its adoption in
each fiscal year a copy of the City's final budget.
7
(g) The City will furnish to the Bank such other financial information relating to
the Pledged Revenues as may be reasonably requested by the Bank.
SECTION 2.02. GENERAL REPRESENTATIONS, WARRANTIES AND
COVENANTS OF THE BANK. (a) The Bank hereby represents, warrants and agrees that
it is a national banking association authorized to execute and deliver this Agreement and to
perform its obligations hereunder, and such execution and delivery will not constitute a
violation of its charter, articles of incorporation or bylaws.
(b) Pursuant to the terms and provisions of this Agreement, the Bank agrees to
establish a line of credit on behalf of the City pursuant to which it will make one or more
loans to the City for the purpose of financing, refinancing or reimbursing the Costs of the
Projects.
SECTION 2.03. TAX COVENANTS. (a) The City hereby covenants with the
Noteholder that in order to maintain the exclusion fi.om gross income for purposes of Federal
income taxation of interest on the Note, it shall comply with each requirement of the Code
applicable to the Note. In furtherance of the covenant contained in the preceding sentence,
the County agrees to continually comply with the provisions of the Certificate as to Arbitrage
and Other Tax Matters to be executed by the City at the time the Note is issued, as such
certificate may be amended from time to time, as a source of guidance for achieving
compliance with the Code (herein referred to as the "Tax Certificate").
(b) The City hereby covenants with the holder of the Note that it shall make any
and all payments required to be made to the United States Depa~hnent of the Treasury in
connection with the Note pursuant to Section 148(0 of the Code.
(c) So long as necessary in order to maintain the exclusion fi.om gross income of
interest on the Note for Federal income lax purposes, the covenants contained in this Section
2.03 shall survive the payments of the Note and the interest thereon, including any pre-
payment or defeasance thereof.
(d) The City hereby covenants with the holder of the Note that it shall not take or
permit any action or fail to take any action which would cause the Note to be "arbitrage
bonds" within the meaning of Section 148(a) of the Code.
SECTION 2.04. NOTE NOT TO BE INDEBTEDNESS OF THE CITY OR
STATE. The Note, when delivered by the City pursuant to the terms of this Agreement,
shall not be or constitute an indebtedness of the City, the State of Florida or any political
subdivision or agency thereof, within the meaning of any constitutional, statutory or charter
limitations of indebtedness, but shall be payable solely as herein provided. No Noteholder
shall ever have the right to compel the exercise of the ad valorem taxing power of the City,
8
or taxation in any form on any property therein to pay the Note or the interest thereon. The
Note are special and limited obligations payable as to principal and interest from the Pledged
Revenues and Non Ad Valorem Funds in the manner and to the extent provided herein.
SECTION 2.05. SECURITY FOR NOTE. The Note shall be secured by a lien
on and pledge of the Pledged Revenues and the City hereby grants such lien and pledge for
the benefit of the Noteholder. The pledge of and lien on the Pledged Revenues shall attach
at the time of delivery of the Note.
SECTION 2.06 COVENANT TO BUDGET AND APPROPRIATE. (a) Until
the Note is fully paid or deemed paid pursuant to the provisions of this Agreement, the City
hereby additional covenants to appropriate in its annual budget, by amendment if necessary,
from Non-Ad Valorem Funds lawfully available in each fiscal year of the City in which
principal or interest on the Note becomes due and payable, amounts sufficient, together with
other available moneys, to pay the principal of and interest on the Note, as the same become
due (whether by redemption, at maturity or otherwise) to the extent the Pledged Revenues
are not otherwise 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 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
hereunder and under the Note shall have been budgeted, appropriated and actually paid.
Notwithstanding the foregoing covenant of the City, the City does not covenant to maintain
any services or programs, now provided or maintained by the City, which generate Non-Ad
Valorem Funds.
(b) Such covenant to budget and appropriate does not create any lien upon or
pledge of such Non-Ad Valorem Funds, nor does it preclude the City from pledging in the
future its Non-Ad Valorem Funds, nor does it require the City to levy and collect any
particular Non-Ad Valorem Funds, nor does it give the Noteholder a prior claim on the Non-
Ad Valorem Funds as opposed to claims of general creditors of the City. Such covenant to
budget and appropriate Non-Ad Valorem Funds is subject in all respects to the payment of
obligations secured by a pledge of such Non-Ad Valorem Funds heretofore or hereinafter
entered into (including the payment of debt service on bonds and other debt instruments).
Such covenant to budget and appropriate Non-Ad Valorem Funds shall not in any way
delxact from the pledge of and lien on the Pledged Revenues provided herein. However, the
covenant to budget and appropriate in its general annual budget for the purposes and in the
manner stated herein shall have the effect of making available for the payment of the
principal of and interest on the Note in the manner described herein 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; subject, however, in all
respects to the restrictions of Section 166.241(3), Florida Statutes, which provides, in part,
that the governing body of each municipality make appropriations for each fiscal year which,
9
in any one year, shall not exceed the mount 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 affecting the health, welfare and safety of the inhabitants of the City or
which are legally mandated by applicable law.
SECTION 2.07. ISSUANCE OF ADDITIONAL PARITY OBLIGATIONS.
The City hereby covenants to not issue any additional obligations that are payable from
Utility Tax Revenues on a parity with the Note. The City may issue obligations that are
payable in whole or in part from Utility Tax Revenues and which may be secured by a
pledge of such Utility Tax Revenues; provided, however, that such pledge shall be, and shall
be expressed to be, subordinated in all respects to the pledge of the Utility Tax Revenues
created by this Agreement.
SECTION 2.08. PAYMENT COVENANT. The City covenants that it shall duly
and punctually pay from the Pledged Revenues the principal of and interest on the Note at
the dates and place and in the manner provided herein and in the Note according to the true
intent and meaning thereof and all other mounts due under this Agreement. The City
covenants to maintain a ration of (x) Utility Tax Revenues to (Y) debt service on the Note
(assuming for purposes of this covenant only that debt serv/ce on the Note shall be amortized
in three equal annual principal payments such that the Note is fully amortized by the Final
Maturity Date), in each Fiscal Year of not less than 1.0 to 1.0.
SECTION 2.09. TAXING POWER NOT PLEDGED. The Note and any other
obligations of the City hereunder shall not be deemed to constitute a pledge of the faith and
credit of the City, but shall be payable solely from the Pledged Revenues in thc manner
provided herein. The issuance of the Note shall not directly, indirectly or contingently
obligate the City to levy or to pledge any form of ad valorem taxation whatever therefore.
The holder of the Note shall never have the right to compel any exercise of the ad valorem
taxing power on the part of the City to pay the Note or any other obligations hereunder or
the interest thereon against any property of the City, nor shall the Note constitute a charge,
lien or encumbrance, legal or equitable, upon any property of the City, except the Pledged
Revenues.
10
ARTICLE III
DESCRIPTION OF NOTE; PAYMENT TERMS;
OPTIONAL PREPAYMENT
SECTION 3.01. DESCRIPTION AND PAYMENT TERMS OF THE NOTE.
(a) In connection with the initial Draw pursuant to Article IV of this Agreement, the City
shall, pursuant to authority granted under the Act and thc Resolution, issue and deliver the
Note to the Bank, which Note shall evidence the City's obligation to pay all of the principal
of and interest on all Drawings hereunder and to pay all other mounts due and owing by the
City hereunder or under the Note. All Drawings hereunder shall not exceed TEN MILLION
AND 00/100 DOLLARS ($10,000,000) in aggregate principal amount; provided, however,
the Bank and the City may mutually agree to increase such maximum amount pursuant to
Section 4.01(c) hereof. Any payment or prepayment of principal on the Note shall not
increase or reinstate any mounts available to be drawn hereunder. The Note shall be
designated as "City of Aventura, Florida Line of Credit Revenue Note (Barnett Bank, N.A.)."
The text of the Note shall be substantially in the form attached hereto as Exhibit B, with such
omissions, insertions and variations as may be necessary and desirable to reflect the terms
of the Note. The provisions of the form of the Note are hereby incorporated in this
Agreement.
(b) The Note shall be dated the date of its initial delivery and shall bear interest
from its date at the Tax-Exempt Rate, or as the same may be adjusted pursuant to Section
3.01(0 or 3.03 hereof. The Note shall be executed in the name of the City by the manual
signature of the City Manager and the official seal of the City shall be affixed thereto and
attested by the manual signature of the Clerk or any designated Deputy City Clerk. In case
any one or more of the officers, who shall have signed or sealed the Note, shall cease to be
such officer of the City before the Note so signed and sealed shall have been actually
delivered, such Note may nevertheless be delivered as herein provided and may be issued as
ffthe person who signed or sealed such Note had not ceased to hold such office. The Note
may be signed and sealed on behalf of the City by such person who at the actual time of the
execution of the Note shall hold the proper office, although at the date the Note shall actually
be delivered, such person may not have held such office or may have been so authorized.
(c) Interest on the Note shall be payable semi-annually, on July 1 and January 1
of each year, and on its Final Maturity Date, commencing on July 1, 1997. Principal of the
Note shall be payable upon presentment of the Note by the Bank to the City at the Final
Maturity Date or earlier prepayment. Interest on a Note shall be calculated on the basis of
a 360-day year, actual number of days elapsed.
I1
(d) All paymems of principal of and interest on the Note shall be payable in any
coin or currency of the United States which, at the time of paymem, is legal tender for the
paymem of public and private debts and shall be made to the Bank (i) in immediately
available funds, (ii) by delivering to the Bank no later than each paymem date a check drawn
on an account at any bank that is a member of the Barnett Bank, Inc. system, or (iii) in such
other manner as the City and the Bank shall agree upon in writing.
(e) In the event the maturity of the Note is accelerated or prepaid in accordance
with the provisions hereof, then such amounts that constitute payments of interest, together
with any costs or considerations which constitute interest under the laws of the State of
Florida, may never exceed an amount which would result in payment of interest at a rate in
excess of the nonusurious interest allowed by the laws of the State of Florida or the United
States to the extent applicable, as presently in effect and to the extent an increase is
allowable by such laws; and excess interest, if any, shall be cancelled automatically as of the
date of such acceleration, or, ff theretofore paid, shall be credited on the principal amount
of the Note unpaid, but such crediting shall not cure or waive any default under this
Agreemem.
(f) In the event of a Determination of Taxability, the interest rote on the Note shall
be changed to the Taxable Rate effective retroactively to the date on which such
Determination of Taxability was made. Immediately upon a Determination of Taxability,
the City agrees to pay to the Noteholder subject to such Determination of Taxability the
Additional Amount (as defined herein). "Additional Amount" means (i) the difference
between (A) interest on the Note for the period commencing on the date on which the interest
on the Note (or portion thereof) loses its tax-exempt status and ending on the earlier of the
date such Draw ceased m be outstanding or such adjuslment is no longer applicable to such
Draw (the "Taxable Period") at a rate per annum equal to the Taxable Rate as adjusted from
time to time on the same dates and in the same manner as the interest rate on the Note was
or would be adjusted pursuant to the provisions of the Note, and (B) the aggregate amount
of interest payable on the Note for the Taxable Period under the provisions of the Note
without considering the Determination of Taxability, plus (ii) any penalties and interest paid
or payable by the Noteholder to the Internal Revenue Service by reason of such
Determination of Taxability.
(g) There will be no Bank fees to maintain the line of credit and no draw fees
thereunder. The Bank shall pay for all of its costs relating to servicing the line of credit. The
City agrees to pay the Bank legal fees in an amount not to exceed $2,500 plus actual
documented expenses not to exceed $500, within 30 days from the date the first Draw is
made hereunder.
SECTION 3.02. OPTIONAL PREPAYMENT. The City may prepay and
redeem the Note as a whole or in part, at any time or from time to time, without penalty or
12
premium, by paying to the Noteholder all or part of the principal amount of the Note to be
prepaid, together with the unpaid interest accrued on the amount of principal so prepaid to
the date of such prepayment. Each prepayment of the Note shall be made on such date and
in such principal amount as shall be specified by the City in a written notice delivered to the
Noteholder not less than five (5) Business Days prior thereto specifying the principal amount
of the Note to be prepaid and the date of such prepayment. Notice having been given as
aforesaid, the principal amount of the Note stated in such notice or the whole thereof, as the
case may be, shall become due and payable on the prepayment date stated in such notice,
together with interest accrued and unpaid to the prepayment date on the principal amount
then being paid; and the amount of principal and interest then due and payable shall be paid
(a) in case the entire unpaid balance of the principal of the Note is paid, the Bank shall return
the Note to the City marked "Paid" upon receipt of payment from the City of all amounts due
and owing hereunder on the date specified for prepayment, and (b) in case only part of the
unpaid balance of principal of any Note is to be paid, the Bank shall make a notation on the
Note of the amount of principal and interest then prepaid by the City on such prepayment
date. If on the prepayment date moneys for the payment of the principal amount to be
prepaid on the Note, together with interest to the prepayment date on such principal amount,
shall have been paid to the Noteholder as above provided and if notice of prepayment shall
have been given to the Noteholder as above provided, then from and after the prepayment
date interest on such principal amount of the Note shall cease to accrue. If said moneys shall
not have been so paid on the prepayment date, such principal amount of the Note shall
continue to bear interest until payment thereof at the rate or rates provided for in this
Agreement.
The provisions of this Agreement establish a "non-revolving" line of credit, i.e.,
amounts that are drawn hereunder and subsequently repaid may not be reborrowed unless
the parties hereto agree to increase the borrowing limit pursuant to Section 4.01(c) hereof.
SECTION 3.03. ADJUSTMENTS TO INTEREST RATES. (a) The interest
rate on the Note shall be subject to adjustment as described in this Section from the date of
its issuance. The Bank shall promptly notify the City in writing of any adjustments for Note
pursuant to this Section. Any adjustments under this Section 3.03 may be made only after
the Bank has provided the City 30 days written notice of such adjustments. The adjustments
shall be retroactive.
(b) Subject to the provisions of Section 3.03(a) above, the interest rate on the Note
shall be adjusted as follows:
(1) Change in Tax Laws Regarding Deductions. If the portion of the
interest expense incurred or deemed to have been incurred because the Noteholder
holds the Note (the "Related Interest") and which would on the date of issuance of the
Note be allowable as a deduction to the Noteholder during any period is decreased
13
below 80% became of any change in the tax laws or regulations, or because the Note
is not or ceases to be qualified as a "qualified tax-exempt obligation" under Section
265(b)(3)(B) of the Code, then the interest rate on the Note otherwise applicable
during such period shall be increased each calendar year by a percentage amount
equal to (A - .20) x B x C where:
(a) A equals the fraction (expressed as a decimal) of the Related
Interest not allowable as a deduction to the Noteholder after the effective date
of the change or loss of"qualified" status;
(b) B equals the maximum corporate tax rate then in effect
(expressed as a decimal);
(c) C equals the Noteholder's Adjusted Cost of Funds.
(2) Alternative Minimum Tax Where Interest on the Note is a Direct Tax
Preference Item. If the Noteholder or its parent holding company pays an alternative
minimum tax in any tax year and the interest on the Note is a direct tax preference
item under section 57(a)(5) or any successor provision of the Code then the interest
rate on the Note for the period during such tax year in which interest is accruing on
the Note shall be increased during such accrual period by an amount equal to (A - B)
x C where:
(i) A equals the interest rate on the Note expressed as a percentage;
(ii) B equals the Noteholder's Adjusted Cost of Funds; and
(iii)
C equals the maximum marginal rate of the alternative minimum tax
expressed as a decimal (currently .20);
(3) Alternative Minimum Tax Where Interest on the Note is an Indirect TaX
Preference Item. If the Noteholder or its holding company pays an alternative
minimum tax in any tax year and the interest on the Note is not a direct tax preference
item under section 57(a)(5) or any successor provision of the Code, but is an indirect
tax preference item because of the application of section 56(g) or any successor
provision of the Code then the interest rate on the Note for the period during such tax
year in which interest is accruing on the Note shall be increased during such accrual
period by an amount equal to (A - B) x C where:
(i)
A equals the interest rate on the Note expressed as a percentage;
(ii)
B equals the Noteholder's Adjusted Cost of Funds; and
14
(iii)
C equals 75% of the maximum marginal rate of the alternative
minimum tax expressed as a decimal, or, if the Code is amended to
effectively increase or decrease the percentage of interest on the Note
which is subject to such indirect alternative minimum tax, then C shall
equal the percentage of such interest which is effectively subject to
such indirect alternative minimum tax; provided, however, that no such
increase will be paid by the City ff such circumstances relate primarily
to changes in holdings of the Noteholder or its parent holding company.
(4) Loss of Federal Income Tax Deduction for State Income Taxes. If the
federal income tax deduction for state income taxes paid on the interest payments
received under the Note during any period is reduced because of any change in the
tax laws or regulations and the Noteholder is then subject to payment of state income
tax on the interest on the Note then the interest rate on the Note shall be increased
during such period by an amount equal to A x B x C x D where:
(i)
A equals the fi.action (expressed as a decimal) of the total state income
tax disallowed as a result of such tax law change;
(ii)
B equals the rate of the applicable state income tax (expressed as a
decimal);
(iii)
C equals the maximum federal corporate tax rate then in effect for the
Noteholder (expressed as a decimal); and
(iv)
D equals the interest rate on the Note (expressed as a percentage).
(5) Partial Taxabili .ty. If the interest payments received under the Note
during any period become partially taxable to the extent not otherwise taxable on the
date of issuance thereof because of any change in the tax laws or regulations, then the
interest rate on the Note shall be increased during such period by an amount equal to
(A - B) x C where:
(i)
A equals the Taxable Rate (expressed as a percentage);
(ii) B equals the interest rate on the Note (expressed as a percentage); and
(iii)
C equals the fraction of the interest rate on the Note which has become
taxable as the result of such tax change (expressed as a decimal).
(6) Other Changes in Tax Law,~. If the tax laws or regulations are amended
to decrease the Federal Rate, to cause the interest on the Note to become taxable to
15
the extent not otherwise taxable on the date of issuance thereof, to be subject to a
minimum tax or an alternative minimum tax or to otherwise decrease the yield on the
Note to the Noteholder (directly or indirectly, other than a change described in (!)
through (5) above or because of a Determination of Taxability) then the interest rate
on the Note shall be adjusted to cause the yield on the Note, to equal what the yield
on the Note would have been in the absence of such change or amendment in the tax
laws or regulations. If the tax laws or regulations are amended to increase the
effective after-tax yield on this Note to the Noteholder (including by way of an
increase in the Federal Rate) then the interest rate on the Note will be decreased to
cause the effective after-tax yield on this Note to equal what the yield would have
been in the absence of such change or amendment in the tax laws or regulations. As
set forth in Section 3.01(0 hereof, upon a Determination of Taxability, the interest
rate applicable to the Note shall be the Taxable Rate.
(c) The above adjustments shall be cumulative, but in no event shall the interest
rate on a Note exceed the maximum rate permitted by law. Adjustments to the interest rate
on Note made pursuant to this Section 3.03 shall not become effective until after notice has
been given pursuant to Section 3.03(a) hereof. Interest on the Note and all other tax rates
and interest rates are expressed as annual rates. However, proper partial adjustment shall be
made if the tax law change is effective after the first day of the Noteholder's tax year or if
interest on a Note does not accrue for the entire tax year of the Noteholder. Adjustments
which create a circular calculation because the interest rate on a Note is affected by the
calculation shall be carried out sequentially, increasing the interest rate on the Note
accordingly in each successive rate on the Note, until the change on the interest rate on the
Note caused by the next successive calculation of the adjustment is de rnin#nis. If more than
one of paragraphs numbered (1) through (6) in Section 3.03(b) apply, then the interest rate
on the Note shall be adjusted in the order in which hsted above.
(d) To the extent an adjustment to the interest rate on a Note is not effected within
three (3) months of the event giving rise to the adjustment, the additional interest due as a
result of such adjustment shall be paid with interest thereon compounded monthly at the rate
which is equal to the interest rate on the Note; provided, however, in no event shall such
interest rate exceed the maximum rate permitted by law. Subject to the provisions of Section
3.03(a) hereof, all unpaid amounts determined to be owing as a result of such calculation
shall be due and payable within thirty (30) days after dehve~y of written notice of the amount
of such adjustment, and shall be paid to the Noteholder of record during the period to which
the adjustment relates. This obligation shall survive the payment and cancellation of the
Note.
16
ARTICLE IV
CONDITIONS FOR DRAWS
SECTION 4.01. CONDITIONS FOR DRAWS. (a) In connection with a Draw,
the Bank shall not be obligated to make any loan under this Agreement unless at or prior to
the date specified for the making thereof the City delivers to the Bank:
(i) Except in the case of the initial Draw, notice of the City's intention to
make a Draw at least five (5) Business Days prior to the date specified for such Draw.
Such notice shall state (A) the amount of the proposed Draw, which amount must be
in an amount at least equal to $50,000, (B) the Project or Projects and costs
associated therewith to be financed with the proceeds of the Draw, and (C)
instructions to the Bank with respect to the manner of payment of such Drawing;
(ii) A certificate of the City Manager or Finance Director, dated as of the
date of such Draw, to the effect that the representations and warranties of the City
contained in Section 2.01 hereof are true and correct as of such date;
(iii) A certificate of the City Manager or Finance Director, dated as of the
date of such Draw, setting forth the aggregate principal amount of all Draws of the
City which have been made hereunder after such Draw is made and stating that there
is currently no Event of Default or event that with notice or lapse of time or both
would become an Event of Default hereunder;
(iv) With respect to the initial Draw, a fully executed Tax Certificate
relating to the Note;
(v) With respect to the initial Draw, a copy of a completed and executed
Form 8038-G relating to the Note to be filed with the Internal Revenue Service;
(vi) With respect to the initial Draw, an opinion of Bond Counsel in form
and substance to the effect that (A) the Agreement and the Note have been duly
authorized by the City and are enforceable obligations in accordance with their terms;
the Ordinance and Resolution have been duly adopted and are enforceable in
accordance with their respective terms (enforceability of such instruments may be
subject to standard bankruptcy exceptions and the like), (B) interest on the Note shall
be excluded fxom gross income for federal income tax purposes and will not be
treated as a preference item for purposes of computing the alternative minimum tax
imposed by Section 55 of the Code (however, the interest on the Note owned by
corporations may be subject to the Federal alternative minimum tax which is based
17
in part on adjusted current earnings), (C) the interest on the Note shall be exempt
from Florida intangible taxes and documentary stamp taxes; and
(vii) With respect to the initial Draw, a fully executed Note, dated the date
of the initial Draw, in the principal amount of such Draw subject to such principal
amount being increased to reflect all future Draws.
(b) On or before the execution of this Agreement, the City shall have caused to be
delivered to the Bank the following items in form and substance acceptable to the Bank:
(i) An opinion of the City Attorney regarding the due authorization,
validity and enforceability of this Agreement, the due adoption of the Ordinance and
the Resolution (enforceability may be subject to standard bankruptcy exceptions and
the like) (such opinion may, however, be delivered at the time of the initial Draw);
and
(ii) Such additional certificates, instruments and other documents as the
Bank, the City Attorney or Bond Counsel, or counsel to the City, may deem necessary
or appropriate.
(c) Upon satisfaction of the conditions set forth in paragraphs (a) and (b) above,
the City may borrow up to $10,000,000 from the Bank pursuant to one or more Draws. After
such time as $10,000,000 in cumulative principal amount (irrespective of any prepayments
on the principal balance then outstanding) of Draws shall have been issued hereunder, the
Bank shall not be required to honor any further Draws; provided, however, that if the Bank
and the City agree in wriling to increase the amount available to be drawn by the City on the
l/ne of credit provided by the Bank pursuant to this Agreement, such $10,000,000 limitation
shah be increased to such agreed upon amount. The date the last Draw can be made under
this Agreement shall be July 1, 1998. The City shall apply the proceeds of each Draw to pay
for, or reimburse itself for prior expenditures incurred for, the costs of the Projects which
shall include but not be limited to:
(i) The costs of architectural and engineering services related to the
Projects, including, without limitation, the costs of preparation of studies, surveys,
reports, tests, plans and specifications;
(ii) The costs of legal, accounting, financial advisory, consulting, marketing
and other special services related to the Projects;
(iii)
Costs and fees incurred in connection with the issuance of the Note;
18
(iv) Fees and charges incurred in connection with applications to federal,
state and local governmental agencies for any requisite approval or pen'uits regarding
the acquisition and construction of the Projects;
(v) Costs incurred in connection with the acquisition of the sites for the
Projects, including any necessary fights-of-way, easements or other interests in real
or personal property;
(vi) Costs incurred in connection with the acquisition, construction,
improvement or extension of the buildings, structures and facilities comprising the
Projects;
(vii) Costs incurred in connection with the acquisition and installation of any
machines, equipment, fixtures, appurtenances or personal property of any kind or
nature, which are to comprise a part of the Projects;
(viii)
and
Interest on Note accruing prior to the completion date of the Projects;
(ix) To the extent permitted by law, other costs and expenses relating to the
Projects which are incurred for the purpose of providing for the Projects, including
the administrative and maintenance costs associated with the management of the
Projects, and other facilities functionally related and subordinate thereto.
(d) The Bank shall make a notation on the Note after each Drawing to reflect the
principal mount and date of such Drawing and any additional amounts due and payable by
the City as a result of such Drawing.
19
ARTICLE V
EVENTS OF DEFAULT; REMEDIES
SECTION $.01. EVENTS OF DEFAULT. An "Event of Default" shall be
deemed to have occurred under this Agreement if:
(a) The City shall fail to make payment of principal or interest then due on any
Note;
(b) Any representation or warranty of the City comained in Article II of this
Agreement or any certificate provided the Bank under Article IV shall prove to be untrue in
any material adverse respect;
(c) Failure by the City to observe and perform any covenant, condition or
agreement on its part to be observed or performed by it under this Agreement or the
Resolution other than as referred to in clause (a) of this Section, for a period of thirty (30)
days after written notice specifying such failure and requesting that it be remedied has been
given to the City, unless the Bank shall agree in writing to an extension of such time prior
to its expiration; provided, however, if the failure stated in the notice cannot be corrected
within the applicable period, then such time will automatically be extended if corrective
action is instituted by the City within the applicable period and diligently pursued until the
default is corrected; or
(d) There shall occur the dissoluti°n or liquidation of the City, or the filing by the
City of a voluntary petition in bankruptcy, or the commission by the City of any act of
bankruptcy, or adjudication of the City as a bankrupt, or assignment by the City for the
benefit of its creditors, or appoinmaent of a receiver for the City, or the entry by the City into
an agreement of composition with its creditors, or the approval by a court of competent
jurisdiction of a petition applicable to the City in any proceeding for its reorganization
instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any
similar act in any jurisdiction which may now be in effect or hereafter amended.
SECTION 5.02. REMEDIES. If any such Event of Default shall have occurred,
the Nnteholder may seek enforcement of all remedies available to it under law. The
Noteholder may declare the Note to be immediately due and payable. Any amounts due on
the Note which shall remain unpaid past the scheduled payment dates, shall bear interest at
the lesser of the Taxable Rate or the maximum rate of interest permitted by law until all
amounts then due under the Note are paid in full. Occurrence of an Event of Default or
notice of any event described in Section 5.0 l(c) above shall suspend the obligation of the
Bank to honor additional Draws until such time as such Event of Default or item giving rise
20
to the notice under Section 5.0 l(c) above has been cured to the satisfaction of the Bank. The
Bank shall be entitled to its reasonable and properly documented costs and expenses
(including reasonable fees and expenses of counsel) incurred in enforcing any of its rights
under this Agreement after an Event of Default.
21
ARTICLE VI
MISCELLANEOUS
SECTION 6.01. AMENDMENTS, CHANGES OR MODIFICATIONS TO
THE AGREEMENT. This Agreement shall not be amended, changed or modified without
the prior written consent of the Bank and the City.
SECTION 6.02. COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which, when so executed and delivered, shall be an original;
but such counterparts shall together constitute but one and the same Agreement, and, in
making proof of this Agreement, it shall not be necessary to produce or account for more
than one such counterpart.
SECTION 6.03. SEVERABILITY. If any clause, provision or section of this
Agreement shall be held illegal or invalid by any court, the invalidity of such provisions or
sections shall not affect any other provisions or sections hereof, and this Agreement shall be
conslrued and enforced to the end that the transactions contemplated hereby be effected and
the obligations contemplated hereby be enforced, as if such illegal or invalid clause,
provision or section had not been contained herein.
SECTION 6.04. TERM OF AGREEMENT. This Agreement shall be in full
force and effect from the date hereof and shall continue in effect as long as the Note is
outstanding or the Bank has any commitment to make advances thereunder.
SECTION 6.05. ASSIGNMENT. The Bank acknowledges and agrees that it
presently intends to hold the Note through the Final Maturity Date. The Bank shall not
assign the Note or its obligations hereunder without first obtaining the written consent of the
City (other than to other subsidiaries of Barnett Banks, Inc.). Notwithstanding the foregoing,
however, the Bank may (i) assign the Note or its obligations hereunder; provided, however,
the Bank shall give the City ten (10) Business days prior written notice of any such
assignment and (ii) grant one or more financial institutions the opportunity to participate in
the Note; provided further, in each case the Bank shall comply with any and all applicable
securities laws at the time of such assignment.
SECTION 6.06. NOTICE OF CHANGES IN FACT. Promptly after the City
becomes aware of the same, the City will notify the Bank of(a) any change in any material
fact or circumstance represented or warranted by the City in this Agreement or in connection
with the issuance of the Note, and (b) any default or event which, with notice or lapse of
22
fmc or both, could become a default under the Agreement. specifying in each case the nature
thereof and what action the City has taken, is taking and/or proposed to take with respect
thereto.
SECTION 6.07. NOTICES. Any notices or other communications required or
permitted hereunder shall be sufficiently given if delivered personally or sent registered or
certified mail, postage prepaid, to the City of Aventura, Florida, 2999 N.E. 191st Street,
Suite 500, Aventura, Florida 33180, Attention: City Manager; Barnett Bank, N.A., 701
Brickell Avenue, Miami, Florida, 33131, Attention: Roberto Pelaez, or at such other address
as shall be furnished in writing by any such party to the other, and shall be deemed to have
been given as of the date so delivered or deposited in the United States mail.
SECTION 6.08. APPLICABLE LAW. The substantive laws of the State of
Florida shall govern this Agreement.
SECTION 6.09. NO THIRD-PARTY BENEFICIARIES. There are no third-
party beneficiaries to or of this Agreement. No provision of this Agreement shall be
construed as conferring any right or benefit upon any party other than the City, the Bank, or
any subsequent Noteholder.
SECTION 6.10. INCORPORATION BY REFERENCE. All of the terms and
obligations of the Ordinance and the Resolution are hereby incorporated herein by reference
as if said Ordinance and Resolution were fully set forth m this Agreement.
23
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date first set forth herein.
(SEAL)
CITY OF AVENTURA, FLORIDA
ATTEST:
By:
City Manager
By:,
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:.
City Attorney
BARNETT BANK, N.A.
By:
Title:
24
EXHIBIT A
THE PROJECTS
Complete descriptions of the Projects are set font in the plans, specifications and
records of the City. A general description of the Projects is as follows:
Ao
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.
Buildings and Other Improvements. The acquisition, consmmion,
equipping and installation of improvements on or to the real property
described above including, without limitation, municipal parks and
facilities to house City government and police.
A-1
EXHIBIT B
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF AVENTURA, FLORIDA
Line of Credit Revenue Note (Barnett Bank, N.A.)
Principal Interest Date of Final
Sum Rate Issuance ~
Not to exceed
$10,000,000
4.58%
(Subject to adjustment
as provided below)
December 30, 1996
December 30, 1999
CITY OF AVENTURA, FLORIDA (the "CITY"), for value received, hereby promises
to pay, solely from the Pledged Revenues and Non Ad Valorem Funds, described in the
within mentioned Agreement, to the order of Barnett Bank, N.A., Miami, Florida, or its
successors or assigns (the "Noteholder"), the principal sums advanced pursuant to that certain
Line of Credit Agreement by and between Barnett Bank, N.A., and the City, dated as of
December 20, 1996 (the "Agreement"), and to pay interest on such principal sums from the
date such amounts are advanced or from the most recent date to which interest has been paid
at the Interest Rate per annum identified above (subject to adjustment as hereinafter
provided) on January 1 and July 1 of each year, commencing July I, 1997 until such
principal sums shall have been fully paid. The principal sum hereof shall be payable upon
the Final Maturity Date or earlier prepayment upon presentation hereof. Such principal sums
and interest is payable in any coin or currency of the United States of America which, at the
time of payment, is legal tender for the payment of public and private debts.
This Note is authorized to be issued in the aggregate principal amount of not
exceeding $10,000,000 issued under the authority of and in full compliance with the
Constitution and statutes of the State of Florida, including particularly, Chapter 166, Florida
Statutes, Ordinance No. 96-31 of the City adopted on December 3, 1996 (the "Ordinance")
and other applicable provisions of law, and Resolution No. 96- duly adopted by the City
on December 17, 1996 (the "Resolution"), and is subject to all terms and conditions of the
Ordinance, the Resolution and the Agreement. Any term used in this Note and not otherwise
defined shall have the meaning ascribed to such term in the Agreement.
B-1
This Note shall bear interest from its Date of Issuance at the Interest Rate identified
above on the basis ora 360-day year, actual number of days elapsed. The Interest Rate is
subject to adjustment as provided in Section 3.01(0 of the Agreement in the event of a
Determination of Taxability. In addition, this Note is subject to adjustment in accordance
with the provisions in Section 3.03 of the Agreement. The Noteholder shall provide to the
City upon request such documentation to evidence the amount of interest due on the Note.
Notwithstanding any provision in this Note to the contrary, in no event shall the
interest conwacted for, charged or received in connection with this Note (including any other
costs or considerations that constitute interest under the laws of the State of Florida which
are corm'acted for, charged or received) exceed the maximum rate of interest allowed under
the State of Florida as presently in effect. In the event the maturity of this Note is
accelerated or prepaid in accordance with the provisions hereof or of the Agreement, then
such amounts that constitute payments of interest, together with any costs or considerations
which constitute interest under the laws of the State of Florida, may never exceed an amount
which would result in payment of interest at a rate in excess of the nonusurious interest
allowed by the laws of the State of Florida or the United States to the extent applicable, as
presently in effect and to the extent an increase is allowable by such laws; and excess
interest, if any, shall be cancelled automatically as of the date of such acceleration, or, if
theretofore paid, shall be credited on the principal amount of the Note unpaid, but such
crediting shall not cure or waive any default under the Agreement, the Ordinance or the
Resolution.
All payments made by the City hereon shall apply first to accrued interest, and then
to the principal amount then due on this Note.
This Note is being issued to finance, refinance or reimburse a portion of the costs of
acquiring, conslxucting and equipping certain capital improvements within the City. This
Note is secured by and shall be payable from the Pledged Revenues, as described in the
Agreement. Pursuant to the Agreement, the City has also covenanted to appropriate in its
annual budget, by amendment, ffnecessaty, from Non-Ad Valorem Funds lawfully available
amounts sufficient, together with other available moneys, to pay the principal of and interest
on this Note, as the same become due (whether by redemption, at maturity or otherwise).
Such covenant and agreement on the part of the City to budget and appropriate such amounts
of Non-Ad Valorem Funds 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 under this Note shall have been budgeted, appropriated and
actually paid. Notwithstanding the foregoing, the City has not covenanted to maintain any
services or programs, now provided or maintained by the City, which generate Non-Ad
Valorem Funds. Such covenant and agreement on the part of the City to budget and
appropriate such amounts of Non-Ad Valorem Funds is subject, however, in all respects to
B-2
the certain budgetary restrictions contained in Section 166.241(3), Florida Statutes, and to
the payment of services and programs which are for essential public purposes affecting the
health, welfare and safety of the inhabitants of the City or which are legally mandated by
applicable law.
The City may prepay this Note as a whole or in part, at any time or from time to time,
without premium, by paying to the Noteholder all or part of the Principal Sum of the Note,
together with the unpaid interest accrued on the amount of principal so prepaid to the date
of such prepayment. Each prepayment of a Note shall be made on such date and in such
principal amount as shall be specified by the City in a written notice delivered to the
Noteholder not less than five (5) Business Days prior thereto. Notice having been given as
aforesaid, the Principal Sum of the Note stated in such notice or the whole thereof, .as the
case may be, shall become due and payable on the prepayment date stated in such notice,
together with interest accrued and unpaid to the prepayment date on the principal amount
then being paid; and the amount of principal and interest then due and payable shall be paid
(i) in case the entire unpaid balance of the principal of the Note is paid, the Noteholder shall
return the Note to the City marked "Paid" upon receipt of payment from the City of all
amounts due and owing under the Note, and (ii) in case only part of the unpaid balance of
principal of the Note is to be paid, the Noteholder shall make a notation thereon of the
amount of principal and interest on such Note then paid. If on the prepayment date moneys
for the payment of the principal amount to be prepaid on such Note, together with interest
to the prepayment date on such principal amount, shall have been paid to the Noteholder as
above provided and if notice of prepayment shall have been given to the Bank as above
provided, then from and after the prepayment date interest on such principal amount of such
Note shall cease to accrue, ff said moneys shall not have been so paid on the prepayment
date, such principal amount of such Note shall continue to bear interest until payment thereof
at the rate or rates provided for in the Agreement.
This Note, when delivered by the City pursuant to the terms of the Agreement, the
Ordinance and the Resolution, shall not be or constitute an indebtedness of the City or of the
State of Florida, within the meaning of any constitutional, statutory or charter limitations of
indebtedness, but shall be payable solely from the Pledged Revenues, as provided in the
Agreement, the Ordinance and the Resolution. No Noteholder shall ever have the fight to
compel the exercise of the ad valorem taxing power of the City or the State, or taxation in
any form of any properly therein to pay this Note or the interest hereon.
Upon the occurrence of an Event of Default relating to this Note, the principal sum
of this Note may become or be declared due and payable before the Final Maturity Date in
the manner, with the effect and subject to the conditions set forth in the Agreement. The
Noteholder shall also have such other remedies as described in the Agreement. If this Note
shall be declared to be immediately due and payable or any amounts due on the Note shall
remain unpaid past the any scheduled payment date, the Note shall bear interest at the lesser
of the Taxable Rate or the maximum permitted by law until all amounts then due under this
Note are paid in full.
IN WITNESS WHEREOF, the City caused this Note to be signed by the manual
signature of the City Manager of the City of Aventura, Florida, and the seal of the City to be
affixed hereto or imprinted or reproduced hereon, and attested by the manual signature of the
City Clerk of the City of Aventura, Florida, and this Note to be dated the Date of Issuance
set forth above.
(SEX[)
CITY OF AVENTURA, FLORIDA
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
B-4
EXHIBIT 1 TO NOTE
SCHEDULE OF DRAWINGS
Principal
Pro_iect
Aggregate
Bank O~cer
Notation
*Lq no event to exceed $10,000,000.
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~
Eric M. Soroka, Cit
December 11, 1996
Ordinance Establishing Regulations Governing the Removal of
Canine Fecal Matter and Requiring Canines to be Leashed on Public
and Certain Private Properties
Ist Reading December 17, 1996 City Council Meeting Agenda Item
2nd Reading January 7, 1997 City Council Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance that requires the
immediate removal of canine fecal matter from public and certain private properties.
Additionally, the proposed Ordinance requires that canines be leashed.
BACKGROUND
At the December 2, 1996 City Council Workshop meeting, the Council requested this
office to research and propose legislation that would address the fact that many
individuals are not "cleaning up" after their dogs. While the problem seems to be most
severe in the Country Club Drive area, similar situations exist throughout the
community.
In response to Council direction, the staff has researched the Codes of several
municipalities. The Ordinance enclosed contains provisions from several of these
cities. In addition, it contains a fine and penalty system.
In order to implement and enforce this Ordinance it is also recommended that the
following be considered for future approval:
1. Budget amendment authorizing the hiring of an additional Code Enforcement
Officer to enforce the codes nights and weekends. Annual cost $33,000.
Memo to City Council
Page 2
2. Installation of disposal drop-off points in certain areas of the City (see
attached pictures).
3. Installation of appropriate signage throughout the City (see attached
pictures).
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0178-96
) )
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING REGULATIONS GOVERNING
THE REMOVAL OF CANINE FECAL MATTER FROM
PUBLIC AND CERTAIN PRIVATE PROPERTY,
REQUIRING CANINES TO BE LEASHED ON PUBLIC
AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura finds there is a need to
require the removal of canine fecal matter within the City as such has become a
nuisance, and creates a potential health hazard; and
WHEREAS, the City Manager has investigated ways to control and remove such
a nuisance from the public and private property of the City and has proposed the
enactment of a "pooper scooper" law in the City; and
WHEREAS, the City Council accepts this recommendation and finds that such
regulation of canines will serve to promote the health, safety and welfare of the citizens
of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Canine fecal matter on public and private property - removal
required.
A) It shall be unlawful for any owner or person in control or having custody of
any canine to fail to remove the fecal matter of such animal from:
1) the street, sidewalk, swale, bike path, park area or any other public
property; or
Ordinance No.
Page 2
2) any private property not belonging to the owner or person having
custody of the canine.
B) For the purpose of this section, all fecal matter shall be immediately removed
by placing such matter in a bag, wrapper, closed or sealed container and
thereafter disposing of it in a trash receptacle, sanitary disposal unit or other
closed or sealed container.
C) Any person owning or leasing any private property in the City is responsible
for maintaining such property in an odor-free and sanitary condition in
accordance with this section.
D) It shall be unlawful to take an unleashed canine into, or to keep any canine in
or upon any public property in the City. All canines, when not on the
premises of the Owner, or the person in control thereof, must be on a leash
under control of a competent person.
E) Except as otherwise provided, a violation of this section shall be subject to
the issuance of a citation, and shall be subject to:
1) a fine not exceeding twenty-five dollars ($25.00) for a first violation;
2) a fine not exceeding fifty dollars ($50.00) for a second violation within
one year of the first violation; and
3) a fine not exceeding one hundred dollars ($100.00) for each additional
violation within one year of the second or subsequent violation.
F) This section shall not apply to blind persons accompanied by a guide dog
used for their assistance.
Ordinance No.
Page 3
Section 2. It is the intention of the City Council and it is hereby ordained that the
provisions of this section shall be made a part of the Code of Ordinances of the City of
Aventura, Florida.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember 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
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:
Ordinance 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
1996.
1997.
PASSED AND ADOPTED on the first reading this __
PASSED AND ADOPTED on second reading this
day of
day of
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cityy~r
December 12, 1996
Ordinance Repealing Previous BellSouth Franchise Ordinance and
Adopting New Franchise Ordinance
Ist Reading December 17, 1996 City Council Meeting Agenda Item
2"d Reading January 7, 1997 City Council Meeting Agenda Item __
RECOMMENDATION
The City Attorney recommends, based on negotiations with BellSouth, that the previous
BellSouth Franchise Ordinance be repealed and a new Ordinance be adopted that
includes three (3) amendments. BellSouth has agreed that the City's franchise fees
would be retroactive to October 1, 1996.
BACKGROUND
On October 16, 1996, the City Council adopted a Franchise Ordinance for BellSouth
Telecommunications. BellSouth was required to file written acceptance of the
Ordinance within forty-five days after the effective date. The attorney representing
BellSouth communicated with our City Attorney continued reservations regarding the
Ordinance and offered the following revisions to bring this matter to closure:
1, Delete Section 12 Surrender of Rights
As a further consideration for the granting of the rights, privileges and franchises
granted hereby, the Company surrenders all rights, privileges and franchises
heretofore granted by Dade County in the franchise area for any of the purposes
stated in this Ordinance and now enjoyed by the Company in the franchise area:
provided, however, that such surrender shall not be effective unless and until this
Ordinance shall be finally adopted and in effect and the rights, privileges and
franchises granted hereby shall be validly in force and effect. In lieu of
acceptance of this prevision, Company may certify to City that it disclaims such
rights, privileges, and franchises by, through, or under Dade County.
Memo to City Council
Page 2
2. Delete Section 16 Reservation of Riqhts
Except as otherwise specified herein, the City hereby reserves any and all rights
not otherwise expressly prohibited by applicable law.
3. Modify Section 2 as follows:
This non-exclusive permission granted by this Ordinance, if accepted by the
company, shall be in force and effect for a term of fifteen (15) years from and
after its passage provided, however, by written notice within ninety (90) days
prior to the fifth and tenth anniversaries hereof, either party may commence
negotiations for modification of the consideration paid by the Company to the
City set forth in Section 3 herein. If new terms cannot thereafter be agreed
upon, either party may terminate this franchise upon an additional ninety (90)
days notice to the other party.
If you have any questions, please feel free to contact me.
EMS/aca
CC0181-96
~oo~
l
We look forward to bringing this n~atter to a close.
hesitate to contact me if you have any questions.
December 2, 1,~
Dorian S. Denbu~g
GenerAl Attorney
David Wolpin, Esq.
Weiss, Serota & Helfman
2665 South Bayshore Drive
Suite 204
Coconut Grove, FL 33133
}6
~Be~ ~ T~
Mueeum Towar Bullc~g l
Suite 1910
Re: City of Aventura Permission Ordinarc~
!
Dear David: |
!
You called before Thanksgiving t~ discuss my October 29th Ieee
which addressed the Company s concern~ regarding Sections 2, 12 and
in Ordinance No. 96-26 and proposed a ~olution to accomplish our muttJal
interests. In response to your stated cc ncem, the Company suggested
following language be employed in Sactior 2:
Section 2. Term and Umits of Pern
permission granted by this ordillance, if
in force and effect for a term of fifteen (1
provided, however, by written notice wit~
and tenth anniversaries hereof, either
modification of the consideration paid b
in Section 3 herein. If new terms can~
party may terminate this agreement u
notice to the other party.
This permission covers the followi
You stated that you would racom
at the beginning of Section 2, delete
renumber accordingly. The Company
date the newly passed Ordinance takes
of the Ordinance.
I would recommend and it is my
accept the Ordinance with those revision:
(347-5454) or, in his absence, Tito Gems
of any Council proceedings regarding this I
ission. . This non-exclusive
ccepted by the COmpany, shall~foe
5) years from and after its pass~[~;le
n ninety (90) days prior to the fish
y may commence negotistions +o~
the Company to the City set fo~h
thereafter be agreed dpon, either
an additional ninety (90)
]eographlc area:...
~nd the City include this langua~le
~ction 12, delete Section 16 a~d
ould then have 45 days from
~fect to file its written acceptaCe
nderstanding the Company wo~ld
. Please insure that Tee .Holfow~ly
(347-5450) is advised in advance
latter.
96190/;;1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA REPEALING
ORDINANCE NO. 96-26; GRANTING TO BELLSOUTH
TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE FRANCHISE IN
THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS
OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of Telephone Services to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public authority
over right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises
is the best means of assuring that the interests of the City of Aventura are promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Grant of Franchise. Permission is hereby granted to BellSouth
Telecommunications, Inc, its successors and assigns (the "Company") to construct,
maintain and operate lines of telephone and telegraph equipment, including the
necessary conduits, poles, cables, electrical conductors, fiber optics and digital
technology fixtures upon, along, under and over the public roads, streets, and rights-of-
way of the City of Aventura, Florida as its telephone and telegraph business may from
time to time require.
Section 2. Term and Limits of Franchise, This non-exclusive franchise granted
by this Ordinance, if accepted by the Company, shall be in force and effect for a period of
fifteen (15) years from and after its passage provided, however, by written notice within
ninety (90) days prior to the fifth and tenth anniversaries hereof, either party may
commence negotiations for modification of the consideration paid by the Company to the
City set forth in Section 3 herein. If new terms cannot thereafter be agreed upon, either
party may terminate this franchise upon an additional ninety (90) days notice to the other
party. The permission granted by this franchise covers the following geographic area:
The corporate limits of the City of Aventura as set forth in the Charter of the City of
Aventura, as amended from time to time. Company agrees that the limits of the franchise
are subject to expansion or reduction by annexation and contraction of municipal
boundaries and that the Company has no vested right in a specific area. The City shall
notify the Company of any annexation or contraction of municipal boundaries and provide
the Company a map of the new boundaries in a timely manner. The Company shall take
prompt action to implement computations and corresponding payments to annexation or
contraction and notify City of effective date of same.
Section 3. Franchise Fee; Payments. In consideration of the rights and
privileges herein granted, and to defray the cost of regulating the Company's activities
under this franchise, the Company shall pay to the City annually a sum equal to one
pement (1%) of the gross receipts of the Company on recurring local service revenues
for services provided within the corporate limits of the City by the Company. Included
within such one percent (1%) maximum fee or consideration are all taxes, licenses, fees,
2
and other impositions except ad valorem taxes and amounts for assessments for special
benefits, such as sidewalks, street parings, and similar improvements and occupational
license taxes levied or imposed by the City upon the Company. The annual payment
shall be made to the City for each year that the permission granted herein is in effect and
shall be made to the City in four installments. The first, second and third installments of
the annual payment shall be based upon the gross receipts for the first, second and third
quarters, respectively, of the fiscal year and shall be made no later than sixty (60) days
following the end of these periods. The fourth installment of the annual payment shall be
made no later than sixty (60) days following the end of such fiscal year, and shall be
based upon such gross receipts for the fiscal year but shall be adjusted to reflect payment
of the first three installments and any credits not previously taken. For purposes of this
payment, such fiscal year shall end on September 30. The first such payment shall be
based upon receipts for the quarter of October, November and December 1996, and shall
be made on or before January 31, 1997. Payments shall be payable to the City of
Aventura, Attention: Finance Support Services Department, during regular business
hours of the City.
Section 4. Review of billing records. If the City wishes to verify the payments to
the City under this Ordinance, the Company shall permit the City or a designated
representative of the City, upon reasonable advance written notice, to review the
Company's billing and payment records, upon which the payments were based, during
normal business hours at the location of the Company where such records are
maintained. However, no Company records may be taken from the Company's premises,
3
and the City shall maintain the confidentiality of the information disclosed in these
records and use the information solely for the purposes of verifying payments by the
Company. Such Company records shall be maintained by the Company for the period
prescribed by the Federal Communications Commission and/or the Florida Public Service
Commission.
Section 5. Transferability. If the rights granted herein to the Company are
transferred or assigned by the Company to any third party incident to a sale or other
transfer of the Company's system or plant, the transferee or assignee shall be obligated
to comply with all of the terms and conditions of this Ordinance.
Section 6. Forfeiture. Failure on the part of the Company to comply in any
substantial respect with any of the material provisions of this agreement shall be grounds
for a forfeiture of the permission granted herein, but no such forfeiture shall take effect if
the reasonableness or propriety thereof is protested by the Company, until a court of
competent jurisdiction (with right of appeal in either party) shall have found that the
Company failed to comply in a substantial respect with any of the material provisions of
this Ordinance. The Company shall have six (6) months after the final determination of
the question to make good the default, before a forfeiture shall result, with the right in the
City at its discretion to grant such additional time to the Company for compliance as
necessities in the case require.
Section 7. Hold Harmless. The Company shall indemnify the City against and
assume all liabilities for damages which may arise or accrue to the City for any injury to
persons or damage to property from the doing of any work herein authorized, or the
4
neglect of the Company or any of its employees to comply with any ordinance regulating
the use of the streets of the City, and the acceptance by the Company of this Ordinance
shall be an agreement by it to pay to the City any sum of money for which the City may
become liable from or by any reason of such injury or damage, including reasonable
attorneys' fees incurred by City.
Section 8. UnderRround Installation. The Company shall install underground
extensions of telephone distribution lines in new residential subdivisions over five units or
new multiple occupancy buildings where all other utilities will also be installed
underground. Such installation shall be provided in accordance with and subject to the
requirements of applicable statutes, and the Florida Public Service Commission Rules
and Regulations, including any requirements applicable to the applicant for such services,
such as the provision of necessary rights-of-way or easements.
Section 9. Excavation Maintenance and Restoration. The work under this
Ordinance shall be done subject to the supervision of the City. The Company shall
replace or propedy relay and repair any sidewalk, street, lawn, landscaping or swale that
may be displaced by reason of such work. Except where law requires the cost to be
borne by City, whenever the Company shall cause any opening or alteration to be made
in any of the streets or public places within the City for the purpose of installing,
maintaining, operating or repairing its equipment, such work shall be completed at the
Company's expense within a reasonable time and the Company shall upon the
completion of such work restore such portion of the streets or other public places to
substantially the same condition as it was before the opening or alteration was so made
5
and will promptly remove any debris. Upon failure of the Company to perform said repair
or restoration, after twenty (20) days' notice provided in writing by the City to the
Company, the City may repair such portions of the sidewalk, street, lawn, landscaping or
swale that may have been disturbed by the Company and collect the cost so incurred
from the Company. The City shall promptly provide to the Company all permits, licenses
and other authorizations reasonably necessary for the purpose of installing, maintaining,
operating and repairing the system and facilities.
Section 10. Use of Streets and Rights-of-Way. All poles, wires, cables,
underground conduits, manholes and other fixtures erected by the Company in, upon,
along, across, above, over and under the public roads, streets and rights-of-way within
the corporate limits of the City shall be so located as not to unreasonably interfere with
the use of the streets, avenues, alleys, and public rights-of-way by the traveling public
and to cause minimum interference with the rights or reasonable convenience of property
owners who adjoin any of the said roads, streets and public rights-of-way.
Section 11. Complaints. All complaints shall be addressed or resolved by the
Company in accordance with the Florida Public Service Commission rules and
regulations if applicable.
Section 12. Successors and Assigns. Whenever in this Ordinance either the
City or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations
herein conferred shall bind and inure to the benefit of such successor, successors or
assigns of the City or the Company.
6
Section 13. City's Ri.qht to Requlate Use of Streets not Abrogated. Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights, provided, however, that such regulation shall not be inconsistent with the
rights granted herein.
Section 14. Written Acceptance by the Company. The Company shall, within
forty-five (45) days after this Ordinance takes effect, file a written acceptance of the
Ordinance with the City Manager.
Section 15. 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 16. Repeal. Ordinance No. 96-26 concerning the same subject matter
as this Ordinance is hereby repealed.
Section 17. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing
was seconded by Councilmember
vote, the vote was as follows:
Ordinance was offered by Councilmember
, who moved its adoption on first reading. This motion
, and upon being put to a
7
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
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. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __
day of December, 1996.
PASSED AND ADOPTED on second reading this __ day of January, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
8
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _/~'.~
Eric M. Soroka. Cit~c.~4~g~er
December 13. 1996
Noise Ordinance
Ist Reading December 17, 1996 City Council Meeting Agenda Item
2nd Reading January 7, 1997 City Council Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance regulating
excessive noise to protect our residents. This Ordinance was prepared to respond to
several situations that have occurred in the City that have been brought to our attention.
BACKGROUND
The Ordinance declares the following acts to be in violation of the Ordinance:
1. Excessive noise;
2. Horns, signaling devices, etc.;
3. Radios, televisions, musical instruments, etc.;
4. Animals, birds, etc., between the hours of 11:00 p.m. and 7:00 a.m.;
5. Exhausts;
6. Construction between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and
5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and
holidays;
7. Firearms or explosives;
8. Loudspeakers or sound amplifiers between the hours of 11:00 p.m. and 7:00
a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and holidays;
9. Loading and unloading between the hours of 7:00 p.m. and 7:00 a.m. on
weekdays and 7:00 p.m. and 8:00 a.m. on weekends and holidays;
10. Commercial maintenance equipment within 100 feet of any residential area
between 7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m.
weekends and holidays;
Memo to City Council
Page 2
The Ordinance provides for a permit process for special events that are expected to
have noise levels which exceed the Ordinance. The Ordinance provides for
enfomement by the Community Development Department and the Police Depadment
and establishes a fine system.
The Ordinance was developed based on a review of similar ordinances from North
Miami Beach, Bal Harbour, Coral Gables and Key Biscayne.
If you have any questions, please feel free to contact me.
EMS/aca
CC0182-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE
NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING
PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL
EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code") on the date of the adoption of the City Charter; and
WHEREAS, this City Council wants to repeal any conflicting provisions of the
County Code pertaining to excessive noise, and establish its own definitions and
prohibitions against excessive noise, as well as enforcement and penalties for violations;
and
WHEREAS, it is in the public interest of the residents of the City to regulate
excessive noise;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Prohibition. It shall be unlawful for any person to make, continue or
cause to be made or continued any loud, excessive, unnecessary or unusual noise. For
purposes of this Ordinance, the word "noise" shall mean any sound in quantities which
are or may be potentially harmful or injurious to human health or welfare, or which
unnecessarily interferes with the enjoyment of life or property, including outdoor
recreation, of a reasonable person with normal sensitivities.
Section 2. Definitions. The following words, terms and phrases when used in
this Ordinance shall have the meaning ascribed to them in this Section, except where the
context clearly indicates a different meaning:
A. Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm,
whistle or similar stationary emergency signaling device.
Construction. Any site preparation, assembly, erection, substantial repair,
alteration, demolition or similar action, of public or private rights-of-way,
structures, utilities or similar property.
C. Emer.qency. Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate attention.
Holidays. In addition to Sundays, those days declared by the laws of the State
to be legal holidays, including New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by
mechanical power, gas or diesel, and used on the public roads and highways
in the transportation of people or property.
F. Motorboat. Any vessel which is propelled or powered by machinery and which
is used or capable of being used as a means of transportation on water.
Section 3. Prohibited Acts. The following acts are declared to be loud,
excessive, unnecessary, or unusual noises in violation of this Ordinance:
Excessive Noise. Any noise which is hazardous to public health, welfare,
safety or the quality of life within the limits of the City or of such character,
intensity or duration which disturbs the public peace and welfare.
Horns, Signaling Devices, etc. The sounding of any horn or signaling device
on any Motor Vehicle or Motorboat on any street or place in the City, except as
a danger warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding of any such device for
any unnecessary and unreasonable period of time.
Radios, Televisions, Phonographs, Musical Instruments, etc. The using,
operating, playing, or permitting to be played, used or operated any radio,
television, phonograph, musical instrument, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the peace,
quiet and comfort of the neighboring inhabitants, or at any time with louder
D=
E=
F=
volume than is necessary for convenient hearing for the person or persons who
are in the room, Motor Vehicle, Motorboat or area in which such machine or
device is operated and who are voluntary listeners thereto. The operation of
any such radio, television, phonograph, musical instrument or other machine or
device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00
a.m. and 8:00 a.m. on weekends and Holidays in such a manner as to be
plainly audible at a distance of 100 feet from the building, structure, Motor
Vehicle, or Motorboat in which it is located shall be prima facie evidence of a
violation of this Ordinance.
Animals, Birds, etc. The owning, possessing or harboring of any animal or bird
which causes, between the hours of 11:00 p.m. and 7:00 a.m., frequent or
continued noise which is plainly audible at a distance of 100 feet from the
building or structure in which the animal or bird is located.
Exhausts. The discharge into the open air of the exhaust of any engine,
stationary internal combustion engine, Motor Vehicle or Motorboat engine,
except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
Construction. The creation of a loud or excessive noise in connection with
the conducting of Construction between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays and 5:00 p.m. and 8:00 a.m. on Saturdays and at any time on
Sundays and Holidays, except for Emergency work. Notwithstanding the
foregoing, the creation of a loud or excessive noise in connection with the use
and operation of heavy equipment for earth moving and compacting, concrete
demolition or pile driving is prohibited at any time on Saturdays and Sundays.
If Emergency work is to be performed, the owner of the property upon which
such Emergency work is to be performed or the property owner's authorized
representative shall notify the City Manager's Office prior to the
commencement of such Emergency work
Firearms or Explosives. The use or firing of any explosives, firearms or similar
devices, except in an Emergency, or using or firing firecrackers, skyrockets or
the like without the prior approval of the City Manager.
Loudspeaker or Sound Amplifier. The using or operating of any loudspeaker,
loudspeaker system, sound amplifier or other similar device between the hours
of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on
weekends and Holidays, such that the sound therefrom is plainly audible at a
distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in
which it is located; provided, however, that this shall not apply to any public
performance, gathering or parade for which a permit has been obtained from
the City Manager pursuant to Section 4 of this Ordinance.
Loading or Unloading. The creation of a loud or excessive noise in connection
with the loading, unloading, opening, closing or other handling of boxes, crates,
containers, refuse cans or other objects between the hours of 7:00 p.m. and
7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and
Holidays.
Commercial Maintenance Equipment. The use of commercial maintenance
equipment which creates a loud or excessive noise in connection with the
operation of said equipment within 100 feet of any residential area between
7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m. weekends and
Holidays.
Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or
Motorboat so out of repair, so loaded or in such a manner as to create loud or
unnecessary grating, grinding, rattling or other noise.
L. Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and
vendors which disturbs the peace and quiet of the neighborhood.
Schools, Courts, Hospitals, Places of Religious Worship. The creation of any
excessive noise on any street or place adjacent to any school, court, hospital or
place of religious worship, while the same are in use, which unreasonably
interferes with the operation of such institution or which disturbs or unduly
annoys the persons within such institutions.
Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving
airplane or any other kind of aircraft, over any part of the City, for advertising or
other purposes.
Open Air Concerts, Musical Broadcasts, etc. The playing, broadcasting or
transmitting of music in such a manner as would reasonably be calculated to
attract a crowd or cause persons to congregate in or on any open space, lot,
yard, park, sidewalk or street, or to permit the same to occur on or from any
property owned, leased or occupied by said person(s) without first having
obtained a permit to do so as provided in Section 4 of this Ordinance; except
no permit shall be required of any person(s) in order to engage in such activity
within the residential property wherein such person(s) resides.
Section 4. Permits for Special Events. Upon written application to the City
Manager or his or her designee submitted a minimum of ten days prior to an event at
which noise levels are expected to violate this Ordinance, the prohibitions or hour
restrictions contained herein may be modified subject to such conditions as the City
Manager may impose. The decision of the City Manager shall be final and not subject to
appeal.
A. Permit Application Information. The application for a permit under this
Section shall contain the following information:
1. The name, date of birth, address and telephone number of the person who will
be in charge of the activity or event for which a permit is requested;
2. The name of the person or entity seeking the permit;
3. The exact date and time for which the permit is sought;
4. The exact location of the activity or event for which a permit is requested; and
5. A description of the activity or event for which a permit is requested.
Permit Contents, Time Restrictions. Permits issued under this Section shall
specify the date and time during which the activity or event authorized by
permit may be conducted. No permit shall be issued which encompasses more
than one calendar day, or a span of hours in excess of eight hours; nor shall
the requested activity or event commence or continue beyond the hour of
11:00 p.m. in any case.
Procedures for Administrative Permits. The City Manager is hereby authorized
to promulgate reasonable rules and procedures for the application, issuance
and revocation of such permits.
Criteria for Permit Issuance; Postinq of Bond. Issuance of a permit under this
Section shall be based on a determination by the City Manager or his or her
designee that the activity or event for which a permit is requested does not
constitute a threat to public safety; constitute a danger or impediment to the
normal flow of traffic; or constitute a potential disturbance of the peace and
quiet of persons outside the premises where the activity or event is located.
The City Manager or his or her designee may require that a bond be posted in
an amount sufficient to secure the costs of cleanup, repair or replacement of
damage or destruction of property and shall be subject to forfeiture for
purposes of paying any such costs.
Person Desi.qnated As Being In Charqe To Be Present. The person
designated in the permit application required in this Section as being the
person in charge of the activity or event for which the permit is sought must
5
remain at the location of said activity or event during the entire time stated in
the permit. It shall be unlawful and a violation of this Section for said
designated person in charge to fail to remain in attendance at the location of
the activity or event authorized by the permit for the entire time specified in the
permit.
Section 5. Exemptions. The terms and prohibitions of this Ordinance shall not
be applied to or enforced against:
Any Motor Vehicle, Motorboat or other vehicle of the City, the County, the State
or licensed public utility vehicle within the City while engaged in necessary
public business.
Excavation or repairs of bridges, streets, highways, street lights or utilities, by
or on behalf of the City, the County, or the State, or performance of such work
during the night if the public welfare and convenience renders it impossible to
perform such work during the day.
A reasonable use of amplifiers or loudspeakers in the course of public
addresses or gatherings which are non-commercial in character; noise
generated in the course of a special activity or event which has obtained a
permit pursuant to Section 4 of this Ordinance; noise generated for the purpose
of alerting persons to the existence of an Emergency or noise generated in the
performance of Emergency work.
Section 6. Enforcement. This Ordinance shall be enforced by the City
Community Development Department and Police Department or any other official of the
City authorized to enforce this Ordinance
Section 7. Penalties. A City Police Officer or Code Enforcement Officer
("Officer") who finds a violation of this Ordinance shall issue a citation to the violator
requiring immediate correction of the violation, and shall impose a fine in the amount of
$150.00 for which the violator shall be liable. If the violation is not corrected immediately
by the violator after issuance of the citation, the Officer shall issue a second citation and
shall impose an additional fine in the amount of $350.00. In the event that the violation
continues after issuance of the second citation to the violator, the violation shall constitute
a public nuisance and may subject the violator to arrest pursuant to State law.
Section 8. Repeal of Conflictin.q Provisions. That any conflicting provisions,
ordinances or resolutions of the County Code, as made applicable to the City by Section
8.03 of the City Charter, are hereby repealed in their entirety.
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.
Section 10. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 11. 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. Perlow
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
Coun¢ilmember
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 Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of December, 1996.
PASSED AND ADOPTED on second reading this day
., 1997.
of
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
8
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~' ~/,,
~ri~eMn~bSe~r~i~'1 ~i~6~~-
Proposed Newsrack Regulation Ordinance
Ist Reading October 2, 1996 City Council Meeting Agenda Item 7-1
2nd Reading December 17, 1996 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance regulating
newsracks to address the uncontrolled placement of newsracks in the City. The
attached Ordinance includes the revisions discussed at the December 2, 1996
Workshop Meeting.
BACKGROUND
The first reading of this Ordinance occurred on October 2, 1996. Since that time, due
to concerns expressed by the attorney representing the Miami Herald, this item has
been discussed at two Workshop meetings. In addition, City staff has toured the
various newsrack locations throughout the City. In response to the City's proposed
Newsrack Ordinance, the Miami Herald has removed five newsracks and relocated
several other newsracks.
The following is an overview of the revisions contained in the attached Ordinance:
1. Section 9.A. (4) v - Modified 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."
2. Section 9.A. (4) vi - Modified to provide that no newsrack can be placed
within twenty-five (25) feet of any bus bench or shelter when space is
available behind such bus bench or sidewalk.
Memo to City Council
Page 2
3. Section 9.A. (4) vii - Reduced six (6) feet sidewalk clearance to five (5) feet.
4. Section 9.A. (4) viii - Added language that newsracks may be placed on a
swale area or set back from the road a distance of at least 1~ of the width of
the swale.
5. Section 9.A. (4) xi - Added new section that newsracks can be placed on the
swale area if permission is not received by the adjacent private property
owner.
6. Section 9.A. (5) - Reduces the number of newsracks from 8 to 6 or no more
than 192 linear inches. Also reduces the number of newsracks on one block
from 16 to 12.
7. Section 10.A. - Increases the width of the newsrack from 30 to 32 inches.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0180-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way
presents an inconvenience and danger to the safety and welfare of persons using such
rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings,
and persons performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way
has resulted in concerns by the public and City officials with regard to the safety,
convenience and aesthetics thereof; and
WHEREAS, the City Council finds that there is a need to regulate and establish
procedures regarding installation, placement and maintenance of Newsracks within the
City; and
WHEREAS, the City Council finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety and welfare of the citizens of Aventura,
as well as the aesthetics of the City.
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 landscape 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 cleady indicates:
A. Block means on (1) side of a street between two (2) consecutive interacting
streets.
B. Distributor means the person responsible for placing and maintaining a
newsrack in a public right-of-way.
C. Newsrack means any self-service or coin-operated box, container, storage unit
or other dispenser installed, used, or maintained for the display and sale of
newspapers or other news periodicals.
D. Parkway means the area between the sidewalk and the curb of any street, and
where there is no sidewalk or curb, the area between the edge of the roadway
and the nearest property line adjacent thereto. Parkway shall also include any
area within a roadway that is not open to vehicular travel.
E. Person means any person or persons, or entity including, but not limited to, a
corporation.
F. City Manager refers to the City Manager of the City of Aventura or the designee
of the City Manager.
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, right-of-way or parkway:
(1) when such installation, use, or maintenance endangers the safety of
persons or property;
(2) when such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
(3) when such Newsrack unreasonably interferes with or impedes the flow
of pedestrian or vehicular traffic, including parked or stopped vehicles;
the ingress in or egress from any residence or place of business; the
use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other
objects permitted at or near said location;
(4) when such Newsrack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
(5) in any manner inconsistent with or in violation of the provisions of this
Ordinance.
Section 4. Permit Required.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or
operate, on any public street or sidewalk, or in any other public way or place in the City
any Newsrack without first having obtained a permit from the City Manager specifying the
exact location of such Newsrack. One permit may be issued to include any number of
Newsracks, and shall be signed by the applicant.
Section 5. Application for Permit.
A. Application for such permit shall be made, in writing, to the City Manager upon
such form as shall be provided by him, and shall contain the name, address,
and phone number of the applicant, the proposed specific location of said
Newsrack, and shall be signed by the applicant.
B. From the above application information, the City Manager shall approve the
locations. He shall be guided therein solely by the standards and criteria set
forth in this Ordinance. In any case where the City Manager disapproves of a
particular location, such disapproval shall be without prejudice to the applicant
designating a different location or locations.
Section 6. Conditions for Permit.
Permits shall be issued for the installation of a Newsrack or Newsracks without
prior inspection of the location, but such Newsrack or Newsracks and the installation, use
or maintenance thereof shall be conditioned upon observance of the provisions of this
Ordinance. Permits shall be issued within five (5) days (excluding Saturdays, Sunday
5
and legal holidays) after the application has been filed. An ........ A one-time permit fee
of $25.00 shall be required for each newspaper publisher plus $10.00 per Newsrack. The
above fees will be used to defray administrative expenses with relation to this Ordinance.
Section 7. Hold Harmless.
Every owner of a Newsrack who places or maintains a Newsrack on a public
sidewalk or parkway in the City of Aventura shall file a written statement with the City
Manager in a form satisfactory to the City Attorney, whereby such owner agrees to
indemnify and hold harmless the City, its officers, and employees, from any loss, liability,
or damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use and/or maintenance
of a Newsrack within the City. This paragraph shall only be applicable to the same extent
required by City for other public right-of-way permittees.
Section 8. Newsrack Identification Required.
Every person who places or maintains a Newsrack on the streets of the City of
Aventura shall have his permit number, name, address, and telephone number affixed to
the Newsrack in a place where such information may be easily seen. Prior to the
designation of location by the City under Section 9 herein, the Distributor shall present
evidence of compliance with this Section.
Section 9. Location, Placement and Number of Newsracks.
A. Any Newsrack which rests in whole or in part upon, or on any portion of a
public right-of-way or which projects onto, into, or over any part of a public
right-of-way shall be located in accordance with the following provisions of this
Section:
(1) No Newsrack shall be used or maintained which projects onto, into or
over any part of the roadway of any public street, or which rests, wholly
or in part upon, along or over any portion of the roadway of any public
street.
(2) No Newsrack shall be chained, bolted, or otherwise attached to any
fixture located in the public right-of-way, except to other Newsracks.
(3) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feet along
a curb, and a space of not less than three (3) feet shall separate each
group of Newsracks.
(4) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked
crosswalk.
(iii) Within ten (10)feet of any fire hydrant, fire call box, police call
box or other emergency facility.
(iv)Within ten (10) feet of any driveway.
(v) Within thrcc ~ ~'-'-* "~'~--'~ '-- ~- .... *,, ¢,,,,- ~'~ ~-,,-+ *,- *~, ...... ~
~.".:,' c:G.". '""'"="" "'"""="-"*"'~ ~''',' v,v~. five (5) feet of any bus
bench or exterior of a bus shelter.
(vi) Within twenty-five (25) feet of ............... any bus bench o_r
bus shelter when the space is available behind such bus bench
or bus shelter.
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than clx (~) ~ 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. Notwithstanding this paraqraph viii, a Newsrack may
be placed on a swale area if set back from the road a distance of
at least ¼ of the width of the swale.
(ix)Within one hundred (100) feet of any other Newsrack on the
same side of the street in the same block containing only the
same issue or edition of the same publication.
(x) On any access ramp for disabled persons.
(xi) Upon any swale area, where permission to place the Newsrack
on equivalent space on adjacent private property, in lieu of the
swale area, is sought by the Distributor and not received from the
property owner.
(5) No more than clght (8) six (6~ Newsracks covering or extending more
than a total of 192 lineal inches 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
ti×rcs.-. (!6) twelve (12) Newsracks shall be allowed on any one block.
"~' .... t The City Manager shall .... be guided by the following criteria of
priorities in issuing permits whenever more than v.~...,.., six (6) newsracks
are proposed for any one location (two-hundred [200] foot space) or more
than ......... (16) twelve ('12) Newsracks are proposed for any one block:
(1) First priority shall be daily publications (published five [5] or more days
per week).
(2) Second priority shall be publications published two (2) to four (4) days
per week.
(3)Third priority shall be publications published one (1) day per week.
(4) Fourth priority shall be publications published less than one (1) day per
week.
Section 10. Standards for Maintenance and Installation.
Any Newsrack which in whole or in part rests upon, in or over any public sidewalk
or parkway, shall comply with the following standards:
A. No Newsrack shall exceed five (5) feet in height, ~';'*"..,,,.~ ,....//~\ thirty-two (32)
inches in width, or two (2) feet in thickness.
B. No Newsrack shall be used for advertising signs or publicity purposes other
than that dealing with the display, sale, or purchase of the newspaper or news
periodical sold therein.
C. Each coin-operated Newsrack shall be equipped with a coin-return mechanism
to permit a person using the machine to secure an immediate refund in the
event the person is unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
D. Each Newsrack shall have affixed to it in a readily visible place so as to be
seen by anyone using the Newsrack, a notice setting forth the name and
address of the distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in the event of a
malfunction, or to secure a refund in the event of a malfunction of the coin-
return mechanism or to give the notices provided for in this Ordinance.
E. Each Newsrack shall be maintained by the Distributor in a neat and clean
condition and in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each Newsrack shall be serviced and maintained so
that:
(1) It is reasonably free of dirt and grease;
(2) It is reasonably free of chipped, faded, peeling and cracked paint in the
visible painted areas thereof.
(3) It is reasonably free of rust and corrosion in the visible unpainted metal
areas thereon;
(4) The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration;
10
(5) The paper or cardboard parts or inserts thereof are reasonably free of
tears, peeling or fading; and
(6) The structural parts thereof are not broken or unduly misshapen.
Section 11. Violations.
Upon determination by the City Manager that a Newsrack has been installed, used
or maintained in violation of the provisions of this Ordinance, an order to correct the
offending condition shall be issued to the Distributor of the Newsrack. Such order shall
be telephoned to the Distributor and confirmed by mailing a copy of the order by certified
mail return receipt requested. The order shall specifically describe the offending
condition, suggest actions necessary to correct the condition, and inform the Newsrack
Distributor of the right to appeal. Failure to properly correct the offending condition within
¢"'".,.v ~v~ ten (10) days (excluding Saturdays, Sundays, and legal holidays) after the mailing
date of the order or to appeal the order within thrcc (3) ten (10) days after its receipt shall
result in the offending Newsrack being summarily removed and processed as unclaimed
property. If the offending Newsrack is not properly identified as to owner under the
provisions of Section 8 hereof, it shall be removed immediately and processed as
unclaimed property. An impound fee, which shall be measured by the City's cost and
expense of impounding, shall be assessed against each Newsrack summarily removed.
The City Manger shall cause inspection to be made of the corrected condition or of a
Newsrack reinstalled after removal under this Section. The distributor of said Newsrack
shall be charged a $10.00 inspection fee for each Newsrack so inspected. This charge
shall be in addition to all other fees and charges required under this Ordinance.
11
Section 12. Appeals.
Any person or entity aggrieved by a finding, determination, notice, order or action
taken under the provisions of this Ordinance may appeal and shall be apprised of his right
to appeal to the City's Special Master established pursuant to Ordinance No. 96-14. An
appeal must be perfected within ten (10) days after receipt of notice of any protested
decision or action by filing with the City Manger a letter of appeal briefly stating therein the
basis for such appeal. Prompt judicial review of the Special Master's decision shall be
provided pursuant to Sec. 15 of Ordinance No. 96-14.
Section 13. Abandonment.
In the event that a Newsrack remains empty for a period of thirty (30) continuous
days, the same shall be deemed abandoned, and may be treated in the manner as
provided in Section 11 for Newsracks in violation of the provisions of this Ordinance.
Section 14. Severability.
The provisions of this Ordinance are declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 15. Conflicts.
All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions
in conflict herewith are repealed to the extent of such conflict.
12
Section 16. Effective Date.
This Ordinance shall be effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its
adoption on first reading. The motion was seconded by Councilmember Holzberg, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
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 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
PASSED AND ADOPTED on first reading this 2nd day of October, 1996.
PASSED AND ADOPTED on second reading this __ day of
,1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
13
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, City
December 10, 1996
Ordinance Creating Planning Advisory Body
Ist Reading July 2, 1996 City Council Meeting Agenda Item 7B
2"d Reading December 17, 1996 City Council Meeting Agenda Item
Attached is an Ordinance for second reading establishing the Planning Advisory Board
for the City of Aventura. The document includes all the amendments discussed at the
December 2, 1996 Council Workshop Meeting.
The following highlights the major points of the Ordinance:
Seven member Board;
Initial term of office is until November 3, 1998. Thereafter, terms of office for a
period of one year;
The duties of the Board shall be of an advisory nature;
The following matters shall be within the jurisdiction of the Board:
1) To provide recommendations relative to the preparation of the City's
Comprehensive Plan and related sub-elements;
2) To provide recommendations relating to the creation of the City's Land
Development Code and Zoning Code provisions;
3) To provide recommendations for amendments to existing City Zoning Code
provisions;
Memo to City Council
Page 2
4) To provide recommendations relating to the formation of economic
development and redevelopment policy and creation of appropriate plan sub-
elements;
5) Other matters assigned to the Board by the City Council.
· The City Council may increase the size of the Board for the purpose of establishing
subcommittees.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0177-96
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING ADVISORY BOARD; PROVIDING
FOR CREATION, COMPOSITION AND QUALIFICATIONS;
TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND
RESPONSIBILITIES; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE;
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Planning Advisory Board, to provide advice and recommendations to
the City Council on matters concerning planning, development and redevelopment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of Aventura Planning
Advisory Board, (the "Board") consisting of seven (7) members who shall be appointed by
the Mayor, subject to the approval of the City Council. The City Council may increase the
size of the Planning Advisory Board for the purpose of establishing subcommittees as
provided in Section 4.C. of this Ordinance. Each member of the City Council may
recommend appointments to the Mayor. Members of the Board shall hold office at the
pleasure of the City Council. Members of the Board shall serve without compensation
and shall not be reimbursed for travel, mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector of the City of
Aventura who has continuously resided within the City for the six (6) month period
immediately prior to appointment, and shall not be an employee of the City. Any member
who ceases to reside within the City Limits during his or her term of office shall be
deemed to have resigned as of the date of his or her change of residence from the City.
In the event of the resignation or removal of any member of the Board, the Mayor shall
appoint a person to fill the vacancy on such Board for the unexpired portion of the term of
the member vacating such office, subject to approval of the City Council.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a member
has three (3) unexcused absences in a calendar year, then in that event such member
shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the
remaining members of the Board.
D. The City Manager shall provide necessary staff support for the Board. The
City Attorney shall serve as legal advisor to the Board.
Section 2. Term of Office. The initial term of office for members of the Board
shall be from the date of adoption of the Ordinance creating the Board until November 3,
1998. Thereafter, terms of office for members of the Board shall be for a period of one (1)
year, with eligibility for reappointment.
Section 3.
A. Rules of Procedure. The Board shall adopt rules of procedure in accordance
with Ordinance No. 96-09, as amended, pertaining to the conduct of quasi-judicial
proceedings and other rules of procedure which are not inconsistent with the Ordinances
of the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of
2
Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings
of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
B. During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman.
C. Four (4) members shall constitute a quorum for the transaction of business of
the Board. Each official action shall be taken by the Board only upon the vote of at least
four (4) of its members.
Section 4. Jurisdiction. The powers and duties of the Board shall be solely of
an advisory nature. Action of the Board shall be in the form of a written recommendation
of advice to the City Council and City Manager.
A. The following matters shall be within the advisory jurisdiction of the Board:
1. Provide recommendations relative to the preparation of the City's
Comprahensive Plan and related sub-elements;
2. Provide recommendations ralating to the craation of the City's Land
Development Code and Zoning Code provisions;
3. Provide recommendations for amendments to existing City Zoning Code
provisions.
4. Provide recommendations relating to the formation of economic development
and redevelopment policy and craation of appropriate Comprehensive Plan
sub-elements.
3
5. Other matters of planning assigned to the Board by the City Council.
B. The jurisdiction of the Board conferred pursuant to paragraph 4.A.1 above shall
not be effective until the City Manager initiates the Comprehensive Plan
preparation process.
C. The City Council may create sub-committees of the Planning Board to assist in
the preparation of the Comprehensive Plan. The appointments to the sub-
committees shall be in conformance with this Ordinance.
Section 5. All members of the Board shall be subject to the Standards of Conduct
for Public Officers and Employees set by Federal, State, County or other applicable law
pursuant to City Charter Section 7.03.
Section 6. Severability. The previsions 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 7. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. The motion was seconded by Councilmember Perlow, 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 Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
no
yes
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 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 on first reading this 2nd day of July, 1996.
PASSED AND ADOPTED on second reading this day of
,199 .
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
5
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
Eric M. Soroka, City Manager
Jay R. Beskin, Councilmember
December 12, 1996
Naming of City Park
Please place on the next agenda under "Other Business" a discussion and possible
motion to prepare the necessary legislation to name the proposed new park as follows:
"AVENTURA FOUNDERS PARK"
JRB/tms
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dede County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octatma V. Farbayra, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a dally (except Saturday, Sunday
and Legst Holidays) newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
PUBLIC NOTICE OF PROPOSED
ORDINANCE OF THE CITY OF
AVENTURA - DEC. 17, 1996
AN ORDINANCE PROVIDING FOR
THE CREATION OF THE CITY OF
AVENTURA PLANNING ADVISORY BOARD
in the ...................... ~[.~[.)~.~.[~. ...................................... Court,
was publishe{I in ~8ld newspaper in the issues of
Dec 5, 1996
Affiant further says that the said Miami Daily Business
Review Is s newspaper published at Miami in said Dede
County, Flodda, snd that the said newspaper has heretofore
been coutlnuouMy published In said Dede County, Florida,
each day (except Saturday, 8unday and Legal Holidays) and
has been entered as second class mall matter at the post
office In Miami In said Dads County, Floelde, for a period of
ous year next prccedthg the first publisatlon of the attached
copy Of advartlssmsflt; and affiant furth_.~ay~that she has
neither peld. A~or promised any pe~ firm o~ corporation
any dl t, rebate, commlsa the purpose
of nec n ia advertise n In the said
8worn to asd subscdhed before ma thia
5 ..~ December 96
(SEAL) f ig¥ p,. OFFICIAL NOi'ARY SEAI.
o-st mo v.
COMM~SS;ON NUMBER
PUBLIC NOTICE OF
PROPOSED ORDINANCE
OF THE CITY OF AVENTURA
NOTICE IS HEREBY GIVEN that on Tuesday, the 17th day of De-
cemher, 1996, at a meeting of the City Council of the City of Aventura,
to be held at 7:00 p.m. in the Cooncil Meeting Room at the Columbia
Aventura Hospital and Medic~t Center, 21110 Bisce. yne Boulevard.
Suite 101, Aventura, FIo~3e, the City Council will consider Ihs adep-
tion of the following Ordinance on sasond reading, entitisd:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA.
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING ADVISORY BOARD PROVIDING
FOR CREATiO~?i.3bMPOSITION AND QUALIFICATIONS;
TERM O~ OFFICE: ADVISORY CAPACITY; DUTIES AND
R~SP~NSIBILITIES; RULES OF PROCEDURE; JURIS~
DICTION; PROVIDING FOR SEVERABILITY; AND PRO*
rIDING FOR AN EFFECTI~fE DATE;
The proposed Ordinance m~[~, b~. inspected by the pubiis at the Of-.
rice of the City Clofk, 2999 N.E. lglst ~treel, Suite 500, Aventura,
Florida. InteMsted pa~ies may appear at the Public Hearing and be
· heard with respect to the propose(; Ordinance. Any person wishing to
address the City Council on an item at this Public Hearing is asked to
register with the City Clerk prior to that item being hearcl
th accordance'with the A~6ficans with Disabilities Act of 1990, all
persons who ars disabled and who need 8'lf~ci~81 accommodations to
particip~te]n this proceeding beceuss of that disability should contact
the OffiCe of the City Clerk, 466-8901, not later than two business days;
prior to such proceedthgs.
If a per~on dec,des to appeal any decision mede by the City Co~ncit.
with respect to any matter considered at a meet~eg or hearing, that
person will need a record of the proceedings and. for such purpose.
may need to ensure that a verbatim record of the proceedings is
ma~. which record includes the testimony and evidence upon which
the appeal is fo be b~sad.
Dated this 5th day of December, 1996.
Teresa M. Smith. CMC