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06-18-1996 CC Meeting AgendaCOUNCIL AGENDA Mayor ArthurI: Snyder Vice Mayor PatricJa Rogers~Libert CoUncilmember Arthur Berger CounCilmember Jay Beskin Councilmember Ken Cohen Councilmember ~Harry Holzberg Counciimember Jeffrey Perlow City Manager Eric M. Soroka CITY OF AVENTURA City Council Arthur I. Snyder, Mayor Patricia Rogers-Libert, Vice Mayor Arthur Berger Jay Beskin Ken Cohen Harry Holzberg Jeffrey Perlow COUNCIL MEETING JUNE 18, 1996 - 6 P.M. AGENDA CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Council's agenda are quasi-judicial in nature, if you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to address the Council, you may be subject to cross- examination. If you refuse to submit to cross-examination, the Council will not consider what you have said in its final deliberations. HEARING NUMBER: APPLICANT: REQUEST: 96-6-ACC-1 (95-541) TOWN TAVERN OF AVENTURA, INC. AND HOOTERS OF AVENTURA, INC. (1) SPECIAL EXEMPTION TO PERMIT A BAR/LOUNGE IN CONNECTION WITH A RESTAURANT (2)SPECIAL EXCEPTION OF SPACING REQUIREMENTS AS APPLIED TO ALCOHOLIC BEVERAGE USES TO PERMIT A BAR/LOUNGE IN A SHOPPING CENTER SPACED LESS THAN THE REQUIRED 2,500' FROM A RELIGIOUS FACILITY AND SCHOOL AND SPACED JUNE 18, 1996 LOCATION: HEARING NUMBER: APPLICANT: REQUEST: LOCATION: C. HEARING NUMBER: APPLICANT: LESS THAN THE REQUIRED 1,500' FROM AN EXISTING ALCOHOLIC BEVERAGE ESTABLISHMENT. (3) UNUSUAL USE TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH A RESTAURANT 20301 BISCAYNE BOULEVARD 96-6-ACC-2(95-555) JACK DAVIS, TRUSTEE (1) REZONING OF PROPERTY FROM RU- 3M MINIMUM APARTMENT HOUSE 12.9 UNITS/NET ACRE) TO RU-5A (SEMI- PROFESSIONAL OFFICES) (2) NON-USE VARIANCE OF ZONING REGULATIONS REQUIRING INTERIOR RIGHTS-OF-WAY TO BE 50' WIDE; TO VARY SAME TO PERMIT A RIGHT-OF-WAY OF 20' (25' REQUIRED) ON THE SOUTH SIDE OF NE 214TM STREET OR IN THE ALTERNATIVE TO REQUEST #2, THE FOLLOWING: (3) NON-USE VARIANCE OF SETBACK REQUIREMENTS TO PERMIT A PROPOSED OFFICE BUILDING SETBACK 10' (15' REQUIRED) FROM THE SIDE STREET (NORTH) PROPERTY LINE SOUTHEAST CORNER OF NE 214TM STREET & EAST DIXIE HIGHWAY 96-4-19 (95-627) (CONTINUED FROM MAY 7, 1996) JIFFY LUBE INTERNATIONAL 2 JUNE 18, 1996 REQUEST: LOCATION: NON-USE VARIANCE OF SIGN REGULATIONS TO PERMIT 3 WALL SIGNS (2 WALL SIGNS PERMI'FI'ED) 19505 BISCAYNE BOULEVARD APPROVAL OF MINUTES: MOTION TO APPROVE MINUTES OF: WORKSHOP MEETING JUNE 4, 1996 REGULAR MEETING JUNE 4, 1996 AGENDA: REQUEST FOR DELETIONS~MERGENCY ADDITIONS SPECIAL PRESENTATIONS: NONE CONSENT AGENDA Am AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING ORDINANCE CONCERNING ZONING, PURSUANT TO SECTION 8.03 OF THE CITY CHARTER, AMENDING METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA TO SUBSTITUTE CITY COUNCIL FOR COUNTY AGENCIES AND OFFICIALS, DESIGNATING ZONING OFFICIAL, PROVIDING FOR ZONING COMPLIANCE REVIEW, PROVIDING FOR AUTHORITY OF CITY COUNCIL; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. (First Reading) [READOPTS TRANSITIONAL ORDINANCE NO. 96-01] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORiDA ESTABLISHING COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. 3 JUNE 18, 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING MONEY PURCHASE RETIREMENT PLANS BY ADOPTING THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE RETIREMENT PLAN AND TRUST PURSUANT TO THE SPECIFIC PROVISIONS OF THE ADOPTION AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBITS "A-l, A-2, AND A-3"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID PLAN AND TRUST, LOAN GUIDELINES, AND ADMINISTRATIVE SERVICES AGREEMENT ATTACHED HERETO AS EXHIBITS "B, C-1, C-2, C-3, D-l, D-2, and D-3" AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE PLANS; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A DEFERRED COMPENSATION PLAN BY ADOPTING THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT A; ADOPTING THE DECLARATION OF TRUST OF THE ICMA RETIREMENT CORPORATION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT B, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ADMINISTRATIVE SERVICES AGREEMENT ATTACHED HERETO AS EXHIBIT "C" AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE PLANS; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TRANSMIT FUNDS TO THE STATE BOARD OF ADMINISTRATION FOR INVESTMENT AND TO WITHDRAW SAID FUNDS AS REQUIRED; PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING THE OPERATING DEPARTMENTS OF THE CITY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Second Reading) 4 JUNE 18, 1996 11. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING GENERAL PURCHASING REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF PROVISIONS OF METROPOLITAN DADE COUNTY CODE SECTION 2-8.1, ET SEQ., PURSUANT TO CITY CHARTER SECTION 8.03; AND PROVIDING FOR AN EFFECTIVE DATE; (Second Reading) RESOLUTIONS: NONE REPORTS · MAYOR AND COUNCIL · CITY MANAGER · CITY ATTORNEY LETTER CONCERNING OCCUPATIONAL LICENSE TAX WORK IN PROGRESS: (i) (ii) (iii) (iv) (v) TEMPORARY SIGN ORDINANCE SOLID WASTE FRANCHISE ORDINANCE OCCUPATIONAL LICENSE TAX ORDINANCE MASTER TRANSITION AGREEMENT NEWSRACK ORDINANCE OTHER BUSINESS MOTION TO ADOPT STREET LIGHTING SERVICES POLICY AS FOLLOWS: STREET LIGHTING SERVICES POLICY - THE CITY OF AVENTURA SHALL PROVIDE, THROUGH FLORIDA POWER & LIGHT, AND ASSUME THE COST OF STREET LIGHTING SERVICES AS THE CITY MANAGER DEEMS NECESSARY IN THE PUBLIC RIGHTS-OF-WAY WITH THE BOUNDARIES OF THE CITY. THE CITY MANAGER IS DIRECTED TO PROVIDE FOR AN ORDERLY TRANSFER OF THESE RESPONSIBILITIES AND ASSOCIATED COSTS RELATED TO STREET LIGHTING IN EXISTING PUBLIC RIGHTS-OF-WAY CURRENTLY UNDER THE JURISDICTION OF NON- GOVERNMENTAL ENTITIES OR ASSOCIATIONS. THE CITY MANAGER IS ALSO AUTHORIZED TO INITIATE A STUDY TO DETERMINE AREAS OF THE CITY WHERE ADDITIONAL STREET LIGHTING IN PUBLIC AREAS IS REQUIRED. 5 JUNE18,1996 12. PUBLIC COMMENTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS TUESDAY, JULY 2, 1996 TUESDAY, JULY 16, 1996 TUESDAY, JULY 16, 1996 7 P.M. REGULAR MEETING 6 P.M. ZONING HEARING 7 P.M. REGULAR MEETING In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the office of the City Manager, at 466-8910, 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 Aventura branch of the Dade County Public Library, 2930 Aventura Boulevard, Aveutura, Florida and at the offices of City Hall at 2999 NE 191st Street, Suite 500, Aventura, Florida 33180. Anyone wishing to obtain a copy of troy agenda item should contact the Office of the City Manager at 466-8910. 6 5/14/96 AVENTURA CITY COUNCIL TUESDAY, JUNE 18, 1996 at 6:00 p.m. AVENTURA HOSPITAL MEDICAL ARTS BUILDING 211 I0 BISCAYNE BOULEVARD, SUITE 101, AVENTURA, FLORIDA 1. 96-6-ACC-1 2. 96-6-ACC-2 3. 96-4-19 TOWN TAVERN/HOOTERS 95-541 JACK DAVIS 95-555 Ill:FY LUBE (DEF) 95-627 34-51-42 N 34-51-42 N 3-52-42 N 1. TOWN TAVERN OF AVENTURA, INC. & HOOTERS OF AVENTURA, INC. 96-6-ACC-1 (Applicant) Property Owner (if different from applicant) The Prudential Insurance Co. of America Is there an option to purchase [] / lease [] the property predicated on the approval request? Yes [] No [] Disclosure of interest form attached? Yes [] No [] Previous Zoning Hearings on the Property: Year Applicant Request Board Decision 1985 Arthur Iamarino, Trustee, et al BU-1, BU-2 & RU-2 to BU-1A CC S.E. for site plan appr. for a shopping center; NUV of zoning regs. 1987 Tumberry Square Assoc. Ltd. Modif. ofconds, of prey. appr. reso. & a restrictive covenant. of the zoning 1988 Aventura Square Assoc. Ltd. S.E. for a lounge with a restaurant inthe BU-1A zone; S.E. for spading require for the lounge. 1992 Steve Kranitz NUV for signs. Appffconds. 1992 Michael Byme S.E. for a bar & for spacing; NUV for entertainment with the bar; NUV for signs. ZAB Appr/conds. ZAB Appr/conds. CC Modifi Approval. ZAB Approved 1992 Steve Kramtz NUV for signs. CC Approved Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. HEARING NO. 96-6-ACC-1 (95-541) 34-51-42 District 4 APPLICANTS: TOWN TAVERN OF AVENTURA, INC. & HOOTERS OF AVENTURA, 1NC. (1) SPECIAL EXCEPTION to permit a bar/lounge in connection with a restaurant. (2) SPECIAL EXCEPTION of spacing requirements as applied to alcoholic beverage uses to permit a bar/lounge in a shoppmg center spaced less than the required 2,500' from a religious facility and school and spaced less than the required 1,500' from an existing alcoholic beverage establishmer~t. (3) UNUSUAL USE to permit outdoor, pa'no and table service in connection with a restaurant. Plans are on file and may be examined in the Zoning Deparlment entitled "Overall Site Plan & Site Data," as prepared by William Hamilton Arthur, Architect, dated revised 4-3-96 and "Liquor Survey," as prepared by Fortm, Leavy, Shies, Inc., dated 9-5-95, and "Floor Plan," as prepared by William Hanulton Arthur, Architect, Inc., dated revised 2-7-96. Plans may be modified at public hearing. SUBJECT PROPERTY: Tracts A, B & C of the PROMENADE SHOPS, Plat book 133, Page 39. LOCATION: 20301 Biscayne Boulevard, Dade County, Florida. SIZE OF PROPERTY: 30.62 Acres PRESENT ZONING: BU-1A (Business - Limited) AGENDA ITEM NO.: 1 HEARING NO.: 96-6 ACC-1 HEARING DATE: 6/18/96 PH It: Z95000541 CITY OF AVENTURA ZO ING MA EXISTING zoNING AND LAND USE: Subject property: BU-1A; shopping center North: OPD; bank & offices East: RU-2; house of worship & vacant South: RU-4; apartments West: BU-1; commercial 30.62 acres The Metropolitan Dade County Board of County Commissioners has relinquished jurisdiction of this application to the Aventura City Council. This application seeks Special Exceptions to permit a bar/lounge in connection with a restaurant and to permit said bar/lounge in a shopping center spaced less than the required 2,500' from a religious facility and school and less than the required 1,500' from an existing alcoholic beverage establishment. An Unusual Use is also sought to permit outdoor patio and table service in connection with a restaurant. The Comprehensive Development Master Plan designates this area for Business and Office uses. Three (3) existing religious facilities are located within 2,500' of the proposed bar/lounge and nine (9) existing alcoholic beverage establishments are located within 1,500' of same. Six (6) of the aforementioned nine (9) alcoholic beverage establishments are within the subject shopping center. Outdoor patio and table service has been approved at numerous restaurants throughout Dade County. The approval of this application will be consistent with the CDMP and will also be compatible with the character of this well developed area of Northeast Dade County. Staff, accordingly, supports this application, subject to conditions. ZONING EVALUATION AGENDA ITEM NO.: 1 HEARING NO.: 96-6-ACC-1 HEARING DATE: 6/18/96 PAGE TWO O O RECOMMENDATION: Approval with conditions. CONDITIONS: That a site plan be submitted to and meet with the approval of the Director upon the submittal of an application for a building permit and/or Certificate of Use and Occupancy; said plan to include among other things but not be limited thereto, location of structure or structures, types, sizes and location of signs, light standards, off-street parking areas, exits and entrances, drainage, walls, fences, landscaping, etc. That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Overall Site Plan & Site Data," as prepared by William Hamilton Arthur, Architect, dated received 4-3-96 and "Liquor Survey," a prepared by Fortin, Leavy, Skiles, Inc., dated 9-5-95, and "Floor Plan," as prepared by William Hamilton Arthur, Architect, Inc., dated revised 2-7-96. That the use be established and maintained in accordance with the approved plan. That the applicants obtain a Certificate of Use and Occupancy from the Department, upon compliance with all terms and conditions, the same subject to cancellation upon violation of any of the conditions. That the applicant submit to the Department for its review and approval a landscaping plan which indicates the type and size of plant material prior to the issuance of a building permit and to be installed prior to the issuance of a Certificate of Use and Occupancy. That the use of outdoor loudspeakers shall be prohibited. That the outdoor patio dining use be operated solely as an accessory use to the restaurant, and if the restaurant use is terminated, the outdoor patio dining use will automatically expire. That the operating hours for the outdoor patio dining use not extend beyond those for the restaurant. ZONING EVALUATION AGENDA ITEM NO.: 1 HEARING NO.: 96-6-ACC-1 HEARING DATE: 6/18/96 PAGE THREE DATE INSPECTED: DATE TYPED: DATE REVISED: DATE FINALIZED: RGV:AJT:DBM 5/15/96 6/11/96 6/11/96 6/11/96 ~'""~n'" ; Vfll~ctor ~~nit~in~-'?visio~ ' Metropolitan Dade County Department of Planning, Development and Regulation This item has been reviewed and approved for consistency with the standards of Ordinance #89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management Program. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. PH:95k541 METROPOLITAN DADH COUNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION RECO~WENDATION TO THE AVENTURA CITY COUNCIL A~PLICANT Town Tavern of Aventura, Inc. & Hooters of Aventura, Inc. SECTION 34-51-42 CO~94ISSION DISTRICT 4 DATE: June 18, 1996 ACC~ARING IT~NO.96-6-ACC-1 GENERAL INFORMATION P~EQUEST PURPOSE Special Exception to permit a bar/lounge in connection with a restaurant. Special Exception of Spacing Requirements as applied to alcoholic beverage uses to permit a bar/lounge in a shopping center spaced less than the required 2,500' from a religious facility and school and spaced less than the required 1,500' from an existing alcoholic beverage establishment. Unusual Use to permit outdoor patio and table service in connection with a restaurant. To permit the establishment of a bar/lounge in conjunction with two proposed restaurants. LOCATION 20301 Biscayne Boulevard EXISTING ZONING AND LAND USE SUBJECT PROPERTY BU-1A, The Promenade Shops The Promenade Shops The Promenade Shops The Promenade Shops The Promenade Shops SURROUNDING PROPERTY NORTH BU-1A, SOUTH BU-1A, EAST BU-1A, WEST BU-1A, SIZE 30.62 acres COMPRE/{ENSIVE DEVELOPMENT MASTER PLAN and/or SPECIAL STUUIES The Adopted 2000 and 2010 Land Use Plan designates the subject property as being within the Urban Development Boundary for business and office. Town Tavern of Aventura, Inc. SECTION 34-51-42 ACC ~EARING ITEM NO. 96-6-ACC-1 CO~ISSION DISTRICT 4 -2- PH: 95-541 June 18, 1996 P~ECO~9~ENDATION APPROVAL WITH CONDITIONS CONDITIONS That if the restaurant use is discontinued the bar/lounge is abated. That the applicants submit to the Planning Division, for its review and approval, a landscaping plan which indicates the type and size of plant material prior to the issuance of a building ~ermit and to be installed prior to issuance of any certificate of occupancy. ANALYSIS The subject application will permit the establishment of two restaurants (Hooter's and Dan Marino's), both of which will have a bar and/or lounge. The two proposed restaurants will be located on the southwest corner of the property within a building which once housed the Soup and Salad Exchange. The applicant further proposes small additions on the east and west portion of the existing structure. The existing structure is 6,960 square feet and the proposed additions will add another 900 square feet. There is ample on site parking to accommodate both restaurants. The subject request would further permit the applicant to maintain outdoor dining in conjunction with the full service restaurants. This is an ubiquitous request common throughout Dade County. The spacing variance from existing churches/synagogues and schools is acceptable as the aforementioned facilities lie west of Biscayne Boulevard, across the railroad tracks. For all of the aforementioned reasons, the Planning Division recommends approval of this application as requested (Dan Marino's). GEO:EES DATE TYPED:6/10/96 DATE REVISED: Guiller/o E. Olmedil~o, Acting Director Depart~nt of Planning, Development ahd Regulation MEMORANDUM FROM: Reinaldo Vil!ar Assistant Director Department of Planning, Development and ReGulation DATE: 3-JUN-!996 SUBJECT: & Outdoor Patio ~slYs~setaM~tR~re~ct~oO~~/~/~ 34-51-42 Environmental Resources Management ZAB #Z95000541 TOWN TAVERN OF AVENTUra, INC. ETAL 20301 BISCAYNE BLVD S.E. & U.U. to Detroit proposed Bar (BU-1A) (30.62 Ac) DERM has revieWed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Metropolitan Dade County, Florida. Accordingly, the application may be scheduled for public hearing. DMRN has also evaluated the request insofar as the general environmental impact that may derive from it and based upon the available infoz-alation offers no objection to its approval. POTABLE WATER SUPPLY & WAST~WAT~R DISPOSAL Public water and public sanitary sewers can be made available to this property. Therefore, DERM will require connection to the public water supply and public sanitary sewer systems. Existing public water and sewer facilities and services meet the Level of Service (LOS) standards set forth in the Comprehensive Development Master Plan (CDMP). Furthermore, the proposed development order, if approved, will not result in a reduction in the LOS standards subject to compliance with the conditions required by DERM for this proposed development order. No~withstandin~ the foregoing, in light of the fact that the County's sanitary sewer system has limited sewer collection/transmission and treatment capacity, no new sewer service connections can be permitted until adequate capacity becomes available. Conseqt~ently, final development orders for this site may not be Granted unless adequate capacity in the sanitary sewer collection/transmission and treatment system is available at the point in time when the project will be contributing sewage to the system or if approval for alternative means of sewage disposal can be obtained. Use of an alternative means of sewage disposal shall be an interim measure, with connection to the public sanitary sewer system required upon availability of adequate collection/transmission and treatment capacity~ WATER MANAGEMENT All stormwater runoff must be retained on-site utilizing properly designed seepage or infiltration drainage structures. Oil and grease separators shall be required on all drainage inlet structures. If the project has greater than 40% impervious area, it will be re~dired that the first half inch of runoff be treated before excess runoff is discharued into the aquifer. Any proposed development shall comply with County and Federal flood criteria requirements. The proposed development order, if approved, will not result in a reduction in the Level of Service standards for f~cod protection set forth in the Comprehensive Development Master Plan subject to compliance with the conditions required by DER/~ for this proposed development order. OPERATING PERMITS Section 24-35.1 of the Code authorizes DERM to require operating permits for facilities that could be a source of pollution. The applicant should be advised that the requested use of the subfect property will require an operating peratit from DEP~4. It is therefore suggested that the applicant contact DERM concerning operating peri, it requirements. SOLID WASTE The subject site does not appear to be within the boundaries of any known former disposal site. However, the property is located within one mile of a former ~olid waste disposal site. Accordingly, the development of this property will require conditional approval from the Hazardous Waste Section, Solid Waste Disposal Program of DERM_ at the time of building permit. Said conditional approval permit will provide that the developer shall cease construction activities and irmmediately notify PERM upon encountering areas of former solid waste disposal. TREE PRESERVATION Section 24-60 of the Code requires the preservation of tree resources. Consequently, PERM will require the preservation of all the specimen-sized trees, as defined in the Code, which are on the site. A Dada County tree removal permit is required prior to the removal or relocation of any trees. The applicant is advise~ to contact DERM staff for permitting procedures and requirements prior to development of site and landscaping plans. CONCURt~ENCY REVIEW SLrMPULRy The Department has conducted a concurrency review for this application and has determined that the Same meets all applicable Levels of Service standards for an initial development order, as specified in the adopted Comprehensive Development Master Plan for potable water supply, wastewater disposal and flood protection. Therefore, the application has been approved for concurrency subject to the con~nentm and conditions contained herein. This concurrency approval does not constitute a final concurrencf statement and is valid only for this initial development order as provided for in the adopted methodology for concurrency review. Additionally, this approval does not constitute any assurance that the LOS standards ~would be met by any subsequent development order a~Dtications concerning the subject property. In summary, the application meets the minimum requirements of C.hapter 24 of the Code and therefore, it may be scheduled for public hearing; furthermore, this memorandum shall constitute PERM'S written consent to that effect as required by the Code. Additionally, DERM has also evaluated the application so as to determine its general envirornne~tal impact and after reviewing the available information offers no objections to the approval of the request. PUBLIC WORKS DEPARTMENT COMMENTS PH~ 95-541 Aventura city Council Applicant's Name: Town Tavern of Aventura, Inc. and Hooters of Aventura, Inc. This Department has no objections to this application. This application does meet the traffic concurrency criteria for an Initial Development Order. It will generate 11 PM daily peak hour vehicle trips. The traffic distribution of these trips to the adjacent roadways reveal that the addition of these new trips does not exceed the acceptable level of service of the following roadways: Existing Traffic Biscayne Blvd. s/o Broward co. Line has a maximum capacity of LOS "E" of 4830 vehicles during the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 2638 vehicles and 28 vehicles have been assigned to this section of road from previously approved Development Orders. Biscayne Blvd. with its 2666 PHP and assigned vehicles is at LOS "C". The 3 vehicles generated by this development when combined with the 2666 equals 2669 and LOS "C" where the maximum range of "C" is 3280 vehicles. Biscayne Blvd. s/o NE 192 St. has a maximum capacity of LOS "E+20" of 8730 vehicles during the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 5234 vehicles and 2749 vehicles have been assigned to this section of road from previously approved Development Orders. Biscayne Blv4. with its 7983 PHP and assigned vehicles is at LOS "E". The 8 vehicles generated by this development when combined with the 7983 equals 7991 and LOS "E" where the range of LOS "E" is 6691 to 8730 vehicles. This application meets traffic concurrency criteria. The request herein, constitutes an Initial Development Order only, and one or more traffic concurrency determinations will subsequently be required before development will be permitted. There are 5 locations in Commissioner District #4 that are operating at locatio~Biscayne Blvd. s/o NE 192 90% of capacity or greater. One St. is operating at 91.4%. CC ~ R~ssell C. Kelly ~ HAY 1 5 1996 Date DISCLOSURE OF INTEREST* If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note~ where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. Hooters of Aventura~ Inc. CORPORATION NAME NAME. ADDRESS. AND OFFICE Percentaae of Stock David L. Laqeschulte,CEO,2644 Shriv~r Dr,Ft,M%ers FL 5O% /err¥ Brawner,Pres.,P 0 Box 6730,Ft. Myers FL 12.5% Paul Lynch,Sec/Treas.,5745 Sandpiper Ln, Ft. Myers FL 12.5% Dale Re~nier Director,981Wittman Dr,Ft.Myers FL 12.5% Kit Klin~ensmith,Director,6723 Plantation Manor,Ft.Myers FL 12.5% If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. TRUST NAME N/A Percentaae of Interest Page 2 If the property which is the subject of the application is owned or leased by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of partnership, including general and limited partners. [Note: where partner(s) consist of another partnership(s), corporation(s) trust(s) other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. PARTNERSHIP OR LIMITED PARTNERSHIP NAF~ Percentaoe of Ownership If there is a CONTRACT FOR PURCHASE, whether contingent on this applicati(m or not, and whether a Corporation, Trustee~ or Partnership, list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries, or partners. [Note: where the principa/ officers, stockholders, beneficiaries, or partners consist of another corporation, trust, partnership, or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. NAME ~AME. ADDRESS.AND OFFICE N/A (if applicable) Percentaae of Interest Date of contract; Page.3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. N/A For any changes of ownership or changes in contracts for purcha~ subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in this application to the best of my knowledge and belief. Sworn to and subscribed before me, this '~/ day of ~LO~. , 19 9~ Notary Public, State of Florida at Large My Commission Expires: (SEAL) OFFICIAL NOTARY SLAL L~Lm ~AC CAUSLAND N~Y ~BLIC S~A~ OF ~AI COMM~SI~ NO. CC4121~ COMMISSION ~P. ~. 9,1~ * Disclosure shall not be required of any entity, the equity interests in which are regularly traded on an established securities market in t~ United States or other country; or of any entity, the ownerhip interests of which are held in a limited partnership consisting of more than 5,000 separate interests and where no one person or entity holds more~ than a total cf 5~ ^~ ~ ...... ~ ~ ~n the limited partnership. DISCLOSURE OF INTEREST* If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note~ where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. THE PRUDENTIAL INSURANC~ COMPANY OF AMERICA CORPORATION NAME NAME, ADDRESS. AND OFFICE Percentaae of Stock COMPANY If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. TRUST NAME Percentaae of Intere$~ ./Page 2 If the property which is the subject of the application is owned or leased by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners. [Note: where the partner(s) consist ~f another partnership(s), corporation(s) trust(s) or which other similar entitle , further disclosure shall be required discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. PARTNERSHIP OR LIMITED pARTNERSHIP NA~i~ Percentage of Ownership If there ~s a CONTRACT FOR PURCHASE, whether contingent on this applicati~ or not, and whether a Corporation, Trustee, or Partnership, list t~ names of the contract purchasers below, including the principal officers, stockholders, beneficiaries, or partners. [Note: where the princip~ officers, stockholders, beneficiaries, or partners consist of anoth~ corporation, trust, partnership, or other similar entities, furth~ disclosure shall be required which discloses the identity of tb individual(s) (natural persons) having the ultimate ownership interest b the aforementioned entity]. NAME NAME, ADDRESS,AND OFFICE (if applicable) F~rcentaae of Interest Date of contracts ~dge.3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of fin~ public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in th~ application to the best of my knowledge and belief. Signature: (Applicant) Sworn to and subscribed before me, NotarY Phblic, -~J~aJ&e--~f ~ (SEAL) My Co~,'~ission Expires: .... ~,/ ~*JDlic, DeK~.lb County, Georgia, ~y Cornmiss~or~ Expires December 27, 1998. * Disclosure shall not be required of any entity, the equity interests ~ which are regularly traded on an established securities market in t~ United States or other country; or of any entity, the ownerhip interests of which are held in a limited partnership consisting of more than 5,009 separate interests and where no one person or entity holds more than a ~u~ uf 5% v£ L~e o~nership interest in the limited partnership. K F E 208 NE ~U-z~ 2 "20I TER TRACI S ££ O£ND IvErROPOLITAN DADE ~ TOV~t~ TA~ OF VENTLRA, NC COUNTY NOTICE HEARING NO. 96-6-ACC-2 (95-555) 34-51-42 District 4 APPLICANT: JACK DAVIS, TRUSTEE (2) RU-3M to RU-5A NON-USE VARIANCE OF ZONING REGULATIONS requiring interior rights-of-way to be 50' wide; to vary same to permit a right-of-way of 20' (25' required) on the south side of N.E. 214th Street. OR IN THE ALTERNATIVE TO REQUEST #2, THE FOLLOWING: \~(3) J NON-USE, V~CE OF SETBACK REQUIREMENTS to permit a proposed office building ~ setback 10 (15 required) from the side street (north) property line. Plans are on file and may be examined in the Zoning Department entitled "East Dixie Plaza," as prepared by Nilo D. Monteserin, Architect, dated last revised 11-1-95, and consisting of 3 sheets. Plans may be modified at public hearing. SUBJECT PROPERTY: Lots 6 & 7, less the east 17.27' thereof and all Lots 1, 2, 3, 4, 5, 10 & 11 of Block 33 together in HALLANDALE PARK, Plat book 12, Page 37. LOCATION: The Southeast comer of N.E. 214 Street & East Dixie Highwy, Dade County, Florida. SIZE OF PROPERTY: .98 Acre RU-3M (Mimmum Apartment House 12.9 units/net acre) RU-5A (serm-professional Offices) 2. JACK DAVIS~ TRUSTEE 96-6-ACC-2 (Applicant) Property Owner (if different from applicant) Same. Is there an option to purchase [] / lease [] the property predicated on the approval request? Yes [] No [] Disclosure of interest form attached? Yes [] No [] of the zoning Year Applicant 1989 Network Financial Corp. 1991 Network Financial Corp. Previous Zoning Hearings on the Property: Request Board U.U. for a home for the aged; NUV ZAB for setbacks & spacing & for parking. U.U. for a home for the aged; NUV ZAB for setbacks & spacing & for parking & Modif. of prey. appr. plans. Decision Appr/conds. Appr/conds. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. AGENDA ITEM NO.: 2 HEARING NO.: 96-6-ACC-2 HEARING DATE: 6/18/96 PH #: Z95000555 CITY OF AVENTURA ZONING SUMMARY EXISTING ZONING AND LAND USE: Subject property: RU-3M; single family residence North: RU-3M; single family residence East: RU-3M; single family residence & vacant South: RU-3M; convalescent home West: GU; railroad track Size of property: 0.98 acre. SUMMARY: The Metropolitan Dade County Board of County Commissioners has relinquished jurisdiction of this application to the Aventura City Council. This application seeks a district boundary change from RU-3M, Minimum Apartment House District to RU-5A, Semi-Professional Office District. Non-use variances are also sought to permit a 20' (25' required) right-of-way on the South side of N.E. 214 Street or, in the alternative, to permit a proposed office building to setback 10' (15' required) from the side street (North) property line. The Comprehensive Development Master Plan (CDMP) designates this area for Low-Medium density residential use (up to 13 dwelling units per gross acre). Staff does not support this application. Although RU-5A zoning is located approximately 411' to the North and approximately 715' to the South of the subject property, on the East side of East Dixie Highway, said zoning on the subject property would be inconsistent with the CDMP. The CDMP states that office uses smaller than five acres may be approved in areas designated as Residential Communities where other office, business or industrial use(s) which are not inconsistent with the CDMP already lawfully exist on the same block face. Such is not the case with this application. The subject property is buffered from the businesses on the opposite side of East Dixie Highway by railroad tracks which are located parallel to and on the West side of said Highway. A Convalescent home is located on the opposite side ofN. E. 213 Street, to the South of the subject site, a single family residence is to the North, on the opposite side of N.E. 214 Street, and an additional single family residence abuts to the East. The approval of this application ZONING SUMMARY AGENDA ITEM NO.: 2 HEARING NO.: 96-6-ACC-2 HEAR1NG DATE: 6/18/96 PH #: Z95000555 O O could encourage the filing of additional applications to further commercialize this existing residential community. The Public Works Department is opposed to the request to provide less than the required amount of right-of-way for N.E. 214 Street and the setback variance, though germane to the request for RU-5A zoning, is unsupportable in its own right since such an encroachment into the setback area can be easily eliminated in the process of planning the redevelopment of a parcel such as the subject site. RECOMMENDATION: Denial without prejudice. CONDITIONS: None. DATE INSPECTED: 5/15/96 DATE TYPED: 6/11/96 DATE REVISED: 6/11/96 DATE FINALIZED: 6/11/96 RGV:AJT:DBM Rei~aldo G. Villar, Acting Assistant Director Zoning and Permitting Division Metropolitan Dade County Department of Planning, Development and Regulation This item has been reviewed and approved for consistency with the standards of Ordinance #89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management Program. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. PN:95-555 METROPOLITAN DADE COI~/"f DEPART~qT OF PI~NING, DE%-ELOi~HENT AND ~kEGI~LATION RECO~9~NDATION ~D 'rli~ A%q~k~TUR/% CI~f COIINCIL APPLICANT Jack Davis, Trustee SECTION 34-51-42 CO~ISSION DISTRICT 4 DATR: June 18, 1996 ACC ~ARING ITEM N0.96-6-ACC-2 GENERAL INFORMATION REQUEST PURPOSE LOCATION RU-3M to RU-5A Non-Use Variance of Zoning Regulations requiring interior rights-of-way to be 50' wide; to vary same to permit a right-of-way of 20' (25' required) on the south side of NE 214 Street. OR IN THE ALTERNATIVE TO REQUEST #2, THE FOLLOWING: Non-Use variance of Setback Requirements office building setback 10' (15' required) (north) property line. District boundary change & site plan approval. SE corner of NE 214 St. & East Dixie Highway EXISTING ZONING AND LAND USE to permit a proposed from the side street SUBJECT PROPER~f RU-3M, SURROUNDING PROPER~"f NOR~q{ SOUTH EAST NEST SIZE .98 acre residence & vacant RU-3M, bungalow court RU-3M, adult congregate living facility RU-3M, vacant & single family home RU-3M, East Dixie Highway & railroad Jack Davis, Trustee SECTION 34-51-42 ZAB HEARING ITEM NO. 96-6-ACC-2 CO~4ISSION DISTRICT 4 -2- PH: 95-555 June 18, 1996 COMPREI~ENSIVE DEVELOPMENT MASTER pLAN and/or SPECIAL STUDIES The Adopted 2000 and 2010 Land Use Plan designates the subject property as being within the Urban Development Boundary for low-medium density residential, up to 13 dwelling units per gross acre. Office uses smaller than five acres in size may be approved in Residential'Communities where other office, business or industrial uses which are not inconsistent with this plan already lawfully exist on the same block face. However, where such an office, business, or industrial use exists only on a corner lot of a subject block face or block end, approval of office use elsewhere on the block is limited to the one block face or block end which is the more heavily trafficked side of the referenced corner lot. Office uses may be approved on such sites only if consistent with the objectives and policies of the CDMP and the use or zoning district would not have an unfavorable effect on the surrounding area. (Land Use Element, Page ~-14). 3. The requested office use is inconsistent with the Master Plan. The CDMP shall not be construed to preempt considerations of fundamental fairness that may arise from a strict application of the Plan (Statement of Legislative Intent, pages 3 and 4). Jack Davis, Trustee SECTION 34-51-42 ZAB HEARING ITEM NO. 96-6-ACC-2 COMMISSION DIS~ICT 4 -3- PH: 95-555 June 18, 1996 P~ECOS~DATION DENIAL WITHOUT PREJUDICE CONDITIONS ANALYSIS The applicant is requesting a district boundary change from RU-3M (apartments, 12.9 units per acre) to RU-SA, along with two ancillary non-use variances, to permit the construction of a one-story office building. This slightly less than one acre parcel of land is located on the southeast corner of NE 214 Street, East Dixie Highway and is currently improved with an older single family residence. This area is designated on the Land Use Plan map for iow-medium density residential up to 12.9 dwelling units per acre and is predominantly zoned RU-3M, which has the identical density limitation. The Planning Division recommends that this application be denied as it is inconsistent with the Master Plan. Although staff notes that similar office uses have been approved in this general area to primarily serve Aventura Hospital, tke subject application creates a spot zone of office use in a residentially designated area. The proposed parking area on the east side (rear) of the proposed building will be an intrusion into the residential area. For all of the aforementioned reasons, this application is recommended for denial in its entirety. GEO:GA DATE TYPED:6/12/96 DATE REVISED: ~dillo,~--~Director Department of Planning, Development and Regulation MEMORANDUM TO: Reinaldo Villar DATE: Assistant Director Department of Planning, SUBJECT: Development and Regulation FROM: Alyce M. Robertson Assistant Director Environmental Resources Management 25-APR-1996 BCC #Z95000555 JACK DAVIS, TR. NE 214 ST & EAST DIXIE HWY RU-3M to RU-5A (RU-3M)(0.98 Ac) 34-51-42 DERM has reviewed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Metropolitan Dade County, Florida. Accordingly, the application may be scheduled for public hearing. DERM has also evaluated the request insofar as the general environmental impact that may derive from it and based upon the available information offers no objection to its approval. POTABLE WATER SUPPLY Public water can be made available to this site, connection will be required. therefore, Existing public water facilities and services meet the Level of Service (LOS) standards set forth in the Comprehensive Development Master Plan (CDMP). Furthermore, the proposed development order, if approved, will not result in a reduction in the LOS standards subject to compliance with the conditions required by DERM for this proposed development order. WASTEWATER DISPOSAL The closest public sanitary sewer is located approximately 360 ft. from the site. Based on the proposed request, the subject property is within a feasible distance for connection to public sewers; therefore, DERM shall require that any development on the site be connected to the public sanitary sewer system. Existing public sanitary sewer facilities and services meet the Level of Service (LOS) standards set forth in the CDMP. Furthermore, the proposed development order, if approved, will not result in a reduction in the LOS standards subject to compliance with the conditions required by DERM for this proposed development order. Additionally, in light of the fact that the County's public sanitary sewer system has limited collection/transmission and treatment capacity, no new sewer service connections can be permitted until adequate capacity becomes available. Consequently, final development orders for this site may not be granted unless adequate capacity in the sanitary sewer collection/transmission system becomes available or if approval for alternative means of sewage disposal can be obtained. Use of an alternative means of sewage disposal shall be an interim measure, with connection to the public sanitary sewer system required upon availability of adequate collection/transmission and treatment capacity. WATER MANAGEMENT Ail stormwater runoff must be retained on-site utilizing properly designed seepage or infiltration drainage structures. Oil and grease separators shall be required on all drainage inlet structures. If the project has greater than 40% impervious area, it will be required that the first half inch of runoff be treated before excess runoff is discharged into the aquifer. Any proposed development shall comply with County and Federal flood criteria requirements. The proposed development order, if approved, will not result in a reduction in the Level of Service standards for flood protection set forth in the Comprehensive Development Master Plan subject to compliance with the conditions required by DERM for this proposed development order. TREE PRESERVATION Section 24-60 of the ~ode requires the preservation of tree resources. Consequently, DERM will require the preservation of all the specimen-sized trees, as defined in the Code, which are on the site. A Dade County tree removal permit is required prior to the removal or relocation of any trees. The applicant is advised to contact DERM staff for permitting procedures and requirements prior to development of site and landscaping plans. CONCURRENCY REVIEW SUM~4ARY The Department has conducted a concurrency review for this application and has determined that the same meets all applicable Levels of Service standards for an initial development order, as specified in the adopted Comprehensive Development Master Plan for potable water supply, wastewater disposal and flood protection. Therefore, the application has been approved for concurrency subject to the comments and conditions contained herein. This concurrency approval does not constitute a final concurrency statement and is valid only for this initial development order as provided for in the adopted methodology for concurrency review. Additionally, this approval does not constitute any assurance that the LOS standards would be met by any subsequent development order applications concerning the subject property. In summary, the application meets the minimum requirements of Chapter 24 of the Code and therefore, it may be scheduled for public hearing; furthermore, this memorandum shall constitute DERM's written consent to that effect as required by the Code. Additionally, DERM has also evaluated the application so as to determine its general environmental impact and after reviewing the available information offers no objections to the approval of the request. cc: A1 Torres, Zoning Evaluation - PDR Skip Scofield, Zoning Review - PDR PUBLIC WORKS DEPARTMENT COMMENTS PH~ 95-555 Rev. 1 Aventura Ci'~/Council Applicant's Name: Jack Davis,' Tr. This Department has no objections to this application. Waiver of plat may be required to comply with Chapter 28 of the Subdivision Code, please notify applicant. Dedication of 25 foot radius corner at East Dixie Highway and NE 214 St. and NE 213 St. This application does meet the traffic concurrency criteria for an Initial Development Order. It will generate 36 PM daily peak hour vehicle trips. The traffic distribution of these trips to the adjacent roadways reveal that the addition of these new trips does not exceed the acceptable level of service of the following roadways: Existing Traffic W. Dixie HWy. s/o NE 215 St. has a maximu~ capacity of LOS "E+20" of 1110 vehicles during the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 680 vehicles and 46 vehicles have been assigned to this section of road from previously approved Development Orders. W. Dixie Hwy. with its 726 PHP and assigned vehicles is at LOS "D". The 36 vehicles generated by this development when combined with the 726 equals 762 and LOS "D" where the range of "D" is 641 to S40 vehicles. This application meets traffic concurrency criteria. The request herein, constitutes an Initial Development Order only, and one or more traffic concurrency determinations will subsequently be required before development will be permitted. There are 5 locations in Commissioner District #4 that are operating at 90% of capacity or greater. One location at Biscayne Blvd. s/o NE 192 St. is operating at 91.4%. sell C. Kelly JUN 0 3 1996 DISCLOSURE OF INTEREST* If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note: where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. CORPORATION NAME ~AME. ADDRESS. AND OFFICE Percentage of Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar disclosure shall be required which discloses individual(s) (natural persons) having the interest in the aforementioned entity]. TRUST NAME entities, further the identity of the ultimate ownership Percentage of Interest Page.3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in application to the best of my knowledge and belief. Signature: (Applicant) Sworn to and subscribed before me, ( ..... Notary%~ublic, State of Florida at Large My Commission Expires: * Disclosure shall not be required of any entity, the equity interests which are regularly traded on an established securities market in the United States or other country; or of any entity, the ownerhip interests of which are held in a limited partnership consisting of more than separate interests and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. SITE PLAN ,c ,..,o. J ~_ [LI. , L P~IcKIJJ_~FL u, LEGAL DESC~PTtON: ]'[Fi[it ii,,.... 2 RU-2 RU-2 BU-lh © 125 BU-1A T · TROPOL~FAN DADE H~ng t~ COmTY THIS ITEM WAS DEFERRED TO THIS DATE FROM THE 5/7/96 MEETING OF THE AVENTURA CITY COUNCIL: HEARING NO. 96-4-19 (95-627) 3-52-42 District 4 APPLICANT: JIFFY LUBE INTERNATIONAL NON-USE VARIANCE OF SIGN REGULATIONS to permit 3 wall signs (2 wall signs permitted). Plans are on file and may be examined in the Zoning Department entitled '"'Jiffy Lube," as prepared by Sign Craft, dated stamped received 3/8/96. Plans may be modified at public heating. SUBJECT PROPERTY: A parcel of land lying in Section 3, Township 52 South, Range 42 East, more particularly described as follows: Commencing at the Northwest comer of said Section 3, Township 52 South, Range 42 East; thence N87°27'29"E along the north line of said Section 3, a distance of 875.83' to a point on the center line of Aventura Boulevard; thence S2°32'31"E, a distance of 73' to a point on the S/ly right-of-way line of Aventura Boulevard; thence S87°27'29"W, along said S/ly right-of-way line, a distance of 12.6~ to a point; thence 78.18' along a curve to the left, having a radius of 50' and a chord of 70.45', bearing S42°39'47"W to a point on the E/ky right-of-way line of State Road No. 5 (U.S. Hwy. No. 1); as shovm on the Plat of AVENTURA 4TH ADDITION, Plat book 116, Page 34; thence S2°7'55"E, along said E/ly right-of-way line, a distance of 1,320.72' to a point; thence N87°52'5"E, a distance of 435.3' to the principal point and place of beginning of the following description: Thence N74°30'0"E, a distance of 170.36' to a point; thence N15°30'0"W, a distance of 18' to a point; thence N74°30'0"E, a distance of 491.43' to a point; thence S60°30'0"E, a distance of 380.1' to a point; thence S29°30'0"W, a distance of 6.62' to a point; thence S60°30'0"E, a distance of 94.67' to a point; thence S29°30'0"W, a distance of 78.54' to a point; thence S60°30~0"E, a distance of 31.21' to a point; thence S 15°30'0 "E, a distance of 510' to a point; thence S74°30'0"W, a distance of 64.02' to a point; thence S25°ff0"W a distance of 85.78' to a point; thence N65°0'0"W, a distance of 162.2' to a point; thence 320.42', along an arc to the right, having a radius of 2,250' and a chord of 320.15', bearing N60°55'13"W to a point; thence N56°50'26"W, a distance of 325.26' to a point; the nee N49°47'23.6"W, a distance of 485.32' to the principal point and place of beginning. LOCATION: 19505 Biscayne Boulevard, Dade County, Florida SIZE OF PROPERTY: 12.3 Acres PRESENT ZONING: BU-2 (Business - Special) 3. JIFFY LUBE 96-4-19 (Applicant) Property Owner (if different from applicant) Sears, Roebuck & Co. Is there an option to purchase [] / lease [] the property predicated on the approval request? Yes [] No [] Disclosure of interest form attached? Yes [] No [] Previous Zoning Hearings on the ProperS: Year Applicant Request Board 1969 Donarl of FL. RU-3 to BU-2 CC of the zoning Decision Approved Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. AGENDA ITEM NO.: 3 HEARING NO.: 96-4-19 HEARING DATE: 6/18/96 PH #: Z95000627 O CITY OF AVENTURA ZONING SUMMARY EXISTING ZONING AND LAND USE: Subject property: BU-2; Aventura Mall Surrounding property: North: East: South: West: BU-2; Aventura Mall BU-2; Aventura Mall BU-2; State Road 854 BU-2; bank Size of property: 12.3 Acres. SUMMARY: At their meeting of April 17, 1996 the Metropolitan Dade County Zoning Appeals Board relinquished jurisdiction of this application to the Aventura City Council. This application was deferred from the May 7, 1996 meeting of the Aventura City Council. The subject property is zoned BU-2, Special Business District and is located within the Aventura Mall site at 19505 Biscayne Boulevard. The applicant, Jiffy Lube International is seeking a variance of sign regulations to permit three wall signs where two wall signs are permitted. The proposed illuminated wall signs would consist of three Jiffy Lube logos, two on the south elevation and one on the west elevation above the doorway at the main entrance to the business. The applicant intends to occupy part of the existing Sears Automotive Store located within the Mall and therefore are requesting an additional sign in order to maximize visibility of the business. Staffdoes not support this application and feels that the two permitted signs are sufficient in order to identify the location of the business within the premises, considering that one sign will be located on the highly visible south wall of the building and the other one will be located at the entrance to the automotive center at the rear of the building. Accordingly, staff recommends that this application be denied without prejudice. ZONING EVALUATION AGENDA ITEM NO.: 3 HEARING NO.: 96-4-19 HEARING DATE: 6/18/96 PAGE TWO 0 O RECOMMENDATION: Denial without prejudice. CONDITIONS: None. DATE INSPECTED: 3/22/96 DATE TYPED: 5/13/96 DATE REVISED: DATE FINALIZED: 6/11/96 RGV:AJT:NEH Villar, Acting Assistant Director Zoning and Permitting Division Metropolitan Dade County Department of Planning, Development and Regulation This item has been reviewed and approved for consistency with the standards of Ordinance #89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management Program. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. PH:95-627 METROPOLITAN DADE COUNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION RECOMMENDATION TO THE AVE~%~3RA CITY COUNCIL APPLICJ~N~F Jiffy Lube International SECTION 3-52-42 CO~ISSION DISTRICT 4 DAW: May 7, 1996 72%B ~RARING IT]~MNO.96-4-19 GENERAL IN-FORMATION REQUEST PURPOSE LOCATION 1st Deferral: June 18, 1996 Non-Use Variance of Sign Regulations to permit 3 wall signs permitted). To permit a 3 wall signs. 19505 Biscayne Boulevard SIZE 12.3 acres EXISTING ZONING AND LAND USE SUBJECT PROPERTY BU-2, Sears Automotive Center SI/R/~OUNDING PROPERTY NORTH BU-2, Aventura Mall SO~'i~ BU-2, Aventura Mall EAST BU-2, Aventura Mall WEST BU-2, Aventura Mall COMPP~HENSIVE DEVELOp~ITr FROSTER pLAN and/or SPECIAL S~T;DIR~ signs (2 wall The Adopted 2000 and 2010 Land Use PLan designates the subject property as being within the Urban Development Boundary for business and office. The Adopted 2000 and 2010 Land Use Plan designates the subject property as being within a Metropolitan Activity Center. ~CO~V~/TDATION DENIAL WITHOUT PREJUDICE CONDITIONS N/A Jiffy Lube International SECTION 3-52-42 ZAB ~EARING ITEM NO. 96-4-19 COMMISSION DISTRICT 4 -2- PH: 95-627 May 7, 1996 1st Deferral June 18, 1996 ANALYSIS This application was deferred from the May 7, 1996, Aventura City Council Meeting for additional information. The applicant is requesting a variance of sign regulations to permit the establishment of a third wall sign in conjunction with an existing Sears Automotive Center, located within the Aventura Shopping Mall. The Sears Automotive Center is situated on the southeast parcel of the Aventura Mall site. The subject property is zoned BU-2 and is designated as a Metropolitaf% Activity Center and for business and office on the 2000 and 2010 Land Use Plan map. The additional wall sign cannot be justified. The existing Sears Building is not part of the mall, but is a separate freestanding building located on the southwest corner of the parent tract. The two large Sears wall signs are highly visible. As this is a dual operation (Sears and Jiffy Lube), the permitted two wall signs should provide ample area for identification of the proposed use and accordingly, the Planning Division recommends denial of this request. GEO:EES DATE TYPED:3/31/96 DATE REVISED:6/ll/96 ~pDm~nr~Ct°r and Regulation MEMORANDUM FO: FROM: Reinaldo Villar DATE: Assistant Director Department of Planning, SUBJECT: Development and Regulation Alyce M. Robertson ",~ ., Assistant Director / Environmental Resources Management 25-MAR-1996 ZAB #Z95000627 JIFFY LUBE INTERNATIONAL 19505 BISCAYNE BLVD N.U.V. to permit a proposed sign (BU-2) (12.30 Ac) 32-53-40 DERM has reviewed'the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Metropolitan Dade County, Florida. Accordingly, the application may be scheduled for public hearing. DERM has also evaluated the request insofar as the general environmental impact that may derive from it and based upon the available information offers no objection to its approval. This Department has no pertinent comments regarding this application since the request does not entail any environmental concern. CONCURRENCY REVIEW SUMMARY The Department has conducted a concurrency review for this application and has determined that the same meets all applicable Levels of Service standards for an initial development order, as specified in the adopted Comprehensive Development Master Plan for potable water supply, wastewater disposal and flood protection. Therefore, the application has been approved for concurrency subject to the comments and conditions contained herein. This concurrency approval does not constitute a final concurrency statement and is valid only for this initial development order as provided for in the adopted methodology for concurrency review. Additionally, this approval does .not constitute any assurance that the LOS standards would be met by any subsequent development order applications concerning the subject property. In summary, the application meets the minimum requirements of Chapter 24 of the Code and therefore, it may be scheduled for public hearing; furthermore, this memorandum shall constitute DERM's written consent to that effect as required by the Code. Additionally, PERM has also evaluated the application so as to determine its general environmental impact and after reviewing the available information offers no objections to the approval of the request. cc: A1 Torres, Zoning Evaluation - PDR Skip Scofield, Zoning Review - PDR PUBLIC WORKS DEPARTMENT COMMENTS PH~ 95-627 ZAB Applicant's Name: Jiffy Lube Int. This Department has no objections to this application. This project meets traffic concurrency because it lies within the urban infill area where traffic concurrency does not apply. ,Russell C. Kelly MAE 2 2 1996 Date DISCLOSURE OF INTEREST* If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note: where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest'in the aforementioned entity]. ORPO TIO NAME, ADDRESS. AND OFFICE Percentaae of Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries consist .of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. TRUST NAME NAME AND ADDRESS PercentaQe of Interest Pag~ 3 If any contingency clause or contract reigns involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes subsequent to the public hearing, a of' ownership or changes in contracts f6r purchase date of the application, but prior to the date of final supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in this application to the best of my knowledge and belief. Signature: (Applicant) Sworn to a~subscribe~:~r~e/.me, this ,<r~Ll~3l day of ~V~~, 19 ~ Notary Public, S~e of ' ~//,'flO,'~ ~y Co~ission Expires: 6%~/~Y~ ~ ':°'J'"'~-;'::-'.i-.7':'. Mv Commission Disclosure shall not be required of any entity, the equity interests in chich are regularly traded on an established securities market in Jnited States or other country; or of any entity, the ownerhip interests of chich are held in a limited partnership consisting of more than 5,000 ~eparate interests and where no one De~n or entity holds more than a D/SCLOSURE OF INTEREST* If the property which is the subject of the application is owned ~ele/~/~enbt~_~ C~fRPORAT~ON, list the principal stockholders and ~ stock owned by each. [Note: where the principal officers or stockholders consist of another ~S~ ~°~t%)~hertr~ t~e( s ), partnership (s) or other similar inclosure shall be required which discloses the identity of the individual(s) (natural ersons ultimate ownersh'~ '.~ .... 2 .... P ) havin the ir 1..~=z~g in =ne a~orementioned entity], g NAME. ADDRESS, AND OFF~CE Percentage of. Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the ~ndividual(s) (natural persons) having the ultimate ownership lnterest in the aforementioned entity]. TRUST NAME NAME AND ADDRESS Percentage of Interes~ Page 3 If any contingency clause or contract terlus involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or changes in contracts fo~ purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. the above is a full disclosure of all parties of interest in th~ application to ~he best of my knowledge and belief. ;worn to and subscribed before me, :his ;O___~___~ day of ~~ 19 ~ 5 totary Public, State oi ~ at Large Commission Ex~ires: Q/~/q q Disclosure shall not be required of any entity, the equity interests in 'hich are regularly traded on an established securities market in inited States or other country; or of any entity, the ownerhip interests of ,hich are hel~ in ~ ]~m~ partnership consisting of more than 5,000 eparate interests and where no one person or entity holds more than a -~aOT 3 BU2 I TR ~ VIA ~ METROPOLITAN DADE Seciim: ~ To,msl~ 52 Rcn:je: 42 COUNTY MINUTES CITY COUNCIL WORKSHOP CITY OF AVENTURA~ FLORIDA TUESDAY, JUNE 4, 1996 - 5 P.M. AVENTURA HOSPITAL MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA The meeting was called to order by Vice Mayor Rogers-Libert at 5:15 p.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Patricia Rogers-Libert and Mayor Arthur Snyder (arrived at 5:40 p.m.). Also present was City Manager Eric Soroka and City Attorney Stephen J. Helfman. Mr. Helfman gave a presentation relative to planning and zoning which included the following topics: Comprehensive Planning Implementation of Comprehensive Planning Development Regulations (Zoning) C. Zoning Code and Zoning Maps D. Zoning Hearings · Quasi-Judicial Nature of Hearings · Rezonings · Special Exceptions and Other Requests The meeting adjourned at 6:45 p.m. Approved by Council on the 18th day of June, 1996 Through Land Respectfully submitted: Arthur I. Snyder, Mayor Teresa M. Smith, CMC Acting City Clerk MINUTES Ull¥ CO~C]L Cu¥ OF AVENTUR~ FLORIDA TUF~DA¥, ~ 4, 1996 - ? P.M. AVENTURA HOSPITAL MEDICAL ARTS BUII.t~ING 21110 BISCAYNE BOULTv'AgD ~ 101 A~NTURA, gLOR~DA 1. CArL TO ORDER/ROLL CAI.I.: The meeting was called to order by Mayor Snyd~- at 7:00 p.m. Pr~a-nt w~a Couacilmemb~-~ Arthur ]~rg~r, Jay Be*~ri~. Ken Col~a, Harry Holz~, Jafft~y P~low, Vic~ Mayor Pa~ia Rog~ts-Libe~ aud Mayor A~hur Snyder. Also pt~'nt ~ City 1~ Eri~ M. Soroka, Ci~y Attorney Richard Jay W~is~ and A~,~ City Ci~rk Tet~a M. Smilh. ~ a quorum was cL-'to'mln~d 1o b~ preseat, ~he men, ina comm~ac~d. 2. PLEDGE OF ALLEGIANCe: Mr. Landa led the pledge of a/l~giatw~. 3. AI?ROVAL OF btlNUTES: A mmiou was mad~ by Vi~ blayor Rog~-Libert ~t ~ by Coun~ilmember Petlow that ~ minutes of the May 21, 1996 ¢ounoil m~ing be Marian Ne~tt will b~ r~pia~in8 Sol Na~.~. who resiga~d from his appo~tment to tho p)aa,i~ ~aty'$ ma~chi~ funds c, ou~uibution. Tho mo~ion p~sed unanimously 4. AGENDA: Th~ we~ no changes to the aganda. 5. SI~ECIAL I~RESENTATIONS: None 6. CON~ta~rr AGENDA~ Non~ 7. ORDINANCES: ~ READING: Mr. Weiss read the following ordimmce by A~ ORDINANCE OF Tl~ CITY OF AVENTURA, FLORIDA, ESTABLISHING THE OPERATING DF~ARTMENTS OF ~ CITY; PROVIDING FOR SE~[I~ABILIT~ AND AN F~'fl~.;[Iv'E DATF_. A motion to approve tt~ ordinAnCe on first reading was made by Councilmembcr Pe~low and seconded by Vice Mayor Rogers-Libe. rt. Thc moron passed unanimously by roll call vote. B. Mr. Wek~s ~ the following o~dimnce by ~itle: AN ORDINANCE OF ~H~_~ CITY OF AVENTURA, FLORIDA, ESTABLI~mNG GENERAL PURCtIASING REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLA~,~fI~IT OF PROVISIONS OF M~I-aOPOLITAN DADE COUNTY CODE SECTION 2-8.1, ET SEQ., PURSUANT TO CITY CHAR~ SECTION 8,03; AND PROVIDING FOR AN ~Iq~EC ~v'E DATE; A molion to approw the ordi-~ce wss off, wed by Vice Mayor Roge~-Libert ~ secon~A by Counc~lmm~b~ Cohen. Counciimemb~ B~kin movcd to amm~d the ordinance to provide a t~r~ing of i~oiaalicability. The motion was seconded by Couucilmembe~ P~rlow and lm.ssed -n~'~imously. After extensive discussion, th~ motion to approvc ~he ordinance as amcaded passed on a 6-1 roll call rotc, with Councilmember Be~kln voting No. ORDINANCES: SF_,COND READING: AN ORDINANCE OF rm~ ClTY OF AVENTURA, FLORIDA PROVIDING FOR ADOPTION OF THE FIRST FISCAL YEAR ~ OF ~ ~rr7 OF AVENTIr~ PURSUANT TO SECIION 8.0~ OF ~ CITY CHARTER; PROVIDING BUDGET FOR FISCAL YEAR COMMENCING ON NOVEMBER 7,19~ AND ENDING ON SEPTEMBER 30, 1996; AUTI~O]~ITiING F_.~XP~I-I'tfRE OF FUIND~ ESTAB~.t~'m~__ BY ~ BUDGET; PROVIDING FOR BI.IDGETAR¥ CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFT~ AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ~NCUMBRANCE8; PROVIDING FOR I~iUANCE OF CRF~K,S; PROVIDING FOR POST AUDIT; PROVIDING FOR SE'VERABr~-ITY; PROVIDING FOR AN EFFECTIVE DATE. A motion to apl~ove the o~d~ance was offered by Counoilmember B~ddn and s~.onded Vice b~yor Rogers-Liber~ ~. .... m~u: ~'vn~r~Y, ~vlsiamiBivd; ~anardBre~:r. 1935S way; ~ Mi'. oeorgc F~/fer, 2951 NE 183rd ~,~,,,, e....,-- .~._ '_, .... ,Turn-F;/ --.-.-,~ ,,~ ,,,uuun pas~m unammously by roll call vote nad Ordinance No. 96-05 ~ enacted. 9. RESOLUTIONS: A. Mr. W~iss rea/~ follow/aa resdm/on by title: A RF, SOLI.~ON OF THE CiTY COUNCIL OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR APPROVAL OF SECOND [NTERLOCAL AG~n~f~NT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF AVENTURA PROVIDING FOR AN ADVANCE OF ADDITIONAL FUNDS TO Tile ~ FOR INITIATION AND START-UP OF MUNICIPAL GOVEBNMi~f AND PROVIDING AN EFFECTIVE DAT~ Com~ilm,nnber Cohen moved to adopt the resolution. The motion w-as seconded by Couneihnember Perlow, ~m~m,~y p~ssed by voice vote and R~oluflon No, 96-16 was B. l~r. W~qss tend the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AI~-fHORiZING ~ CITY MANAGER TO EXECUTE THK. ATTACI~.D STATEWIDE MUTUAL AID AG~i~-~.MENT FOR CAT~--STROPHIC DISASTER a~-~'ONSE AND RECOVERY AND MODIFICATION #1 TO STATEWIDE MUTUAL AID AGREEMKNT; AUTHOI~rNG THE CITY MANAGER TO TAKE ~I.I. ACTION NECE~ARy TO ~ THE AG~ AND ~'mS RF, SOLU[~ON; PROVIDING FOR ~ DATE. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL Mayor Snyder brousht to Com2dl's mtanfion a letter hc rece, ived from th~ Committee to Incorporat~ Avontura Beach, Florida, soliciting the City of A~m~ra's suppoa in the~ 3 mccqx~ation efforts and include a statemem thnt ~hc City Council opposes ~heir use of the name Aventura Beth. The motio~ passed by a 4-3 roll call vote, with Counc~meinbe~s Perlow, Beskin and Bcrgez vo*i~ No. ~bcr Bergcr reportcd on cultural ~ffn/rs and benutRication. A motion was offcred by Councilmember Berge~ and seconded b,/Vice Mayo~ Roscrs-h~-rt to e~horize thc of Biscayne Boulcvard~ that to ~be cxtent necessary, ~be Mmager be amborizcd to cmploy the Thc Manager and Attom~ w~rc directat to prepare the approlxiate legislation w provide for increased ~ in these areas. Councilmember Beskin requested that the M.~.~er rcseerch thc issue of televising Council meetings and utilization of tl~ 33180 zip code city-wide. Councilmember Cohen's report included discussionreprdlng the nccd for ~ity-wide clean- up and the issue of street ligbc,,g~ Mr. Gcor~ Berlin, 1940 NE 194th Drive, North ~q~' ~e °rdinances °f °that ~ r~Rnlm~na-- nL"WSlmp~ veiidJ~g ~ Atthe invit~on of Dr. Mary Penkowski, Coun~member Cohen discussed scheduling n tour thc hirln~ of a police cbi~ Councilmcmber Perlow discussed the ~ for prclmrafion of ~he appropriate ordinance to establish the Pt~,,.~ and Zoning Advisory Bo~l. Mr. Weiss advi.qod Council that a proposed ordinance would be i~o~ded to Council for discussion prior to fi~st r~lin~ A~er a ~ recess, ~be meeting reconvened. Mr- Soroht provided Cotmc/I with a status as to the RFp for la~ ~ and prof~sionai mg/ne~r, th~ new facfli~es for City Hall, weekly ~ ~o b~ ~ to Coundl, the badgem'y repm~ issued ~ of May 31, 1996, tire 1o~o coat~, ~dy 4th ~ citizen input 4 12. PUBliC COI~VIENTS: The following individuals addressed Council: Harry Crook, Commodore Plaza; Ginger Grosaman, 20100 W. Cou~uy Club Drive; and June Stevens, 20412 NE Del V'L~a Com-t. 13. OIgN~L DISCUSSION~O'I3:IF.R BUSINE88: None 14. sc'm~-nUI~ OF ~ M~ETINGS: Mayor Snyder auummced the date of the next meed-tS as June 18, 1996. Approved by Council on the 18th day o~$une, 1~6 Tm'csa M. Smi~ Civic 5 CITY OFAVENTURA OFFICE OFTHE ClTY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, C(i~f,[VI/,~g~r June 14, 1996 Ordinance Adopting Transitional Ordinance No. 96-01 - Adopting Dade County Zoning Code Ist Readin.q June 187 1996 City Council Meetinq A.qenda Item 2nd Readinq July 2~ 1996 City Council Meeting Aqenda Item The attached Ordinance readopts transitional Ordinance No. 96-01 which was previously adopted as an Emergency Ordinance. The Ordinance adopts the Dade County Zoning Code as the transitional Zoning Code and related procedures. EMS/ne CC0015-96 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING ORDINANCE CONCERNING ZONING, PURSUANT TO SECTION 8.03 OF THE CITY CHARTER, AMENDING METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA TO SUBSTITUTE CITY COUNCIL FOR COUNTY AGENCIES AND OFFICIALS, DESIGNATING ZONING OFFICIAL, PROVIDING FOR ZONING COMPLIANCE REVIEW, PROVIDING FOR AUTHORITY OF CITY COUNCIL; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, it is necessary for the City Council of the City of Aventura to continue to implement procedures for the application of regulatory jurisdiction by the municipality, including zoning and planning matters; and WHEREAS, the City Council finds that the enactment of this ordinance is necessary so as to protect the public health, safety and welfare of the residents and inhabitants of the City of Aventura and to continue to implement the jurisdiction of the City previously commenced under transitional Ordinance No. 96-01. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. That a zoning and planning transitional ordinance is hereby adopted to read as follows: (a) Zoninq Official; County staff; provisions in effect. Chapter 33 of the County Code, Zoning, as made applicable to the City pursuant to the provisions of section 8.03 of the City Charter, is hereby amended to substitute the City Council in the place and stead of County (b) (c) officials, boards or committees, including but not limited to the Board of County Commissioners, the Director of Planning, Development and Regulation and the Zoning Appeals Board, so that all zoning review of building permit applications, zoning variances, special exceptions, and other quasi-judicial action shall be taken by the Council or by the person or board delegated such authority by the Council pursuant to subsection (b). The County staff shall perform those functions for the City as may be provided by agreement between the City and the County. Except as otherwise provided in this ordinance, the provisions of Chapter 33, Zoning, of the County Code, as made applicable to the City to the extent required by section 8.03 of the Charter, shall remain in full force and effect until otherwise modified or replaced by the City Council. Zoninq compliance review and approval; standards; authority to qrant variances, etc. The Council may delegate to an individual or individuals, or board so designated, from time to time, by motion, resolution or ordinance, the authority and responsibility to review and process all permit applications for zoning compliance and to show zoning approval by a stamp or mark with signature on all copies of applications and plans pursuant to agreement between Dade County, Florida, and the City of Aventura, or as otherwise may be subsequently provided. The standards and criteria set forth in chapter 33 of the County Code, and as otherwise provided in the codes, ordinances, resolutions and laws made applicable pursuant to section 8.03 of the City Charter, shall constitute the standards and criteria which shall govern performance of the duties delegated pursuant to this section unless modified by the City Council. The authority of the Council to grant zoning variances, special exceptions, or to amend the provisions of the zoning codes shall not be delegated under this ordinance. Record of zoninq compliance review actions; appeal. A list of zoning compliance review actions completed by the delegate of the Council shall be maintained in the Office of the City Clerk. If any aggrieved applicant or 2 other aggrieved person provides written notice of the appeal of such action to the City Clerk within seven days after zoning compliance review action is taken by the delegate of the Council, the Council shall within fifteen (15) days, review such action under the standards and criteria referenced in this section. The decision of the Council shall be final, subject to judicial review by writ of certiorari to the extent provided by law or other method of judicial review provided by law. Section 2. Severabilit¥. are declared to be severable and The provisions of this Ordinance 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 3. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. The motion was seconded , and upon being put to a vote, the vote was by Councilmember as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember 3 who moved its adoption on second reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1996. PASSED AND ADOPTED on second reading this __ 1996. __ day of day of ARTHUR I. SNYDER, MAYOR ATTEST: ACTING CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCy: CITY ATTORNEY 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Ci~nn~ Eric M. Soroka, June 12, 1996 Resolution Establishing Council Meeting and Agenda Procedures June 187 1996 City Council Meeting Agenda Item Recommendation It is recommended that the attached resolution adopting Council Meeting and Agenda Procedures be adopted. This item was reviewed at the Council workshop of June 7, 1996. It was revised to include the requested amendments. Background The attached Resolution was prepared in order to establish procedures relative to council meetings and Agendas. Many of the current procedures have been incorporated in the document. However, other changes have been made to streamline the process and formalize the format of the agenda and meeting procedures. A sample schedule is enclosed to outline how the agenda deadlines would be implemented. If you have any questions, please feel free to contact me. EMS/ne Attachments cc0012-96 Example Schedule JUNE Sunday Monday Tuesday Wed. Thursday Friday Sat. 2 3 4 5 6 7 8 9 10 11 12 Place 13 14 All agenda 15 Review items on information agenda. :opied & Deadline: distributed to 12:00 P.M. 3ity Council ay end of Agenda :lay. Closed: 5:00 P.M. 16 17 18 19 20 21 22 Review Review Council Meeting 23 24 25 26 27 28 29 30 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4.01 of the City Charter of the City of Aventura, Florida provides that the City Council may establish procedures relative to City Council meetings and agendas; and WHEREAS, the City Council acknowledges the need to establish procedures relative to City Council meetings and agendas; and, WHEREAS, the adoption of these City Council meeting procedures is in the best interests of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The following Comprehensive Council Meeting and Agenda Procedures are hereby adopted: a. CiTY COUNCIL MEETINGS i. Reqular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. at the Aventura Hospital Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida or such other location designated by the City Council from time to time. ii. Special Meetings. Special meetings of the City Council may be held upon the call of the Mayor or upon the call of four (4) or more members of the City Council. Additionally, the City Manager, pursuant to City Charter Section 3.03(10), is hereby authorized to call Special Meetings of the City Council as necessary. Whenever, a Special Meeting is called, forty-eight (48) hours' notice shall be given to each member of the City Council and the public, or such shorter time as the majority of the City Council shall determine necessary in case of an emergency affecting life, health, property or the public peace. Immediately upon convening such meeting, the City Council shall consider such determination. Notice to the public shall be posted at the Aventura City Government Center. Notices shall state the place, date and hour of the meeting and the purpose for which such meeting is called and no further business shall be transacted at the meeting except as stated in the notice. Discussions at Special Meetings shall be limited to the items referred to on the agenda for such meetings. All meetings shall be open to the public, except as may be expressly exempted by state law. iii. Robert's Rules of Order. All meetings of the City Council shall be governed by the rules of procedure provided by Robert's Rules of Order, Newly Revised 1990 Edition. b. DUTIES AND RESPONSIBILITIES OF THE MAYOR i. Mayor To Serve As Presidin.q Officer. The Mayor shall be the presiding officer at all City Council meetings. The Vice Mayor shall act as the presiding officer during the absence of the Mayor. In the absence of both the Mayor and Vice Mayor, the remaining Councilmembers shall, by majority vote, select a 2 presiding officer to carry out the functions of Mayor, as defined in this Resolution. The Mayor shall decide on all questions of order, subject, however, to an appeal to the other members of the City Council, in which event a majority vote of the City Council will govern such questions of order. The Mayor shall vote on all questions and items and be called last. The Mayor shall introduce agenda items by the agenda item number. The City Attorney shall read the titles of legislation as requested by the Mayor. Thereafter, the Mayor may call upon the City Manager to give any needed explanation of the item up for consideration. Following this, the item shall be opened for City Council discussion or public hearing as required by the item, under the guidelines established herein. All comments or questions by the attending public shall be directed to the Mayor. ii. Mayor to Maintain Decorum At Council Meetin.qs. Should a member of the audience become unruly or behave in any improper manner prejudicial to the proper conduct of the meeting, the Mayor is given the right and the authority to require such person to leave the Council Chambers, to be accompanied, if necessary, by a Police Officer. In the event the audience or a par[ thereof becomes unruly, the Mayor may either recess or adjourn the meeting. 3 follows: c. ORDER OF BUSINESS The order of business of the City Council at the regular meetings shall be as (1) Call to Order/Roll Call (2) Pledge of Allegiance (3) Approval of Minutes (4) Special Presentations (5) Consent Agenda (6) Public Hearings - Ordinances, Land Use Items, etc. (7) Resolutions (8) Reports (9) Other Business (10)Public Comments (11)Adjournment d. COUNCIL DISCUSSION i. Discussion By Councilmembers. Discussion by members of the City Council, including the Mayor, shall be unlimited except as determined by a majority of the City Council. Each member shall be afforded the opportunity to offer rebuttal to each item discussed. A member, once recognized by the Mayor, shall direct all comments or questions on the subject matter being discussed to the Mayor only. Councilmembers shall not engage in cross conversation with other members or the public. Members of the City Council shall not interrupt another member who has the floor. The Mayor shall not unreasonably withhold or delay recognition of any member of the City Council desiring to speak. The Mayor shall recognize other members of the City Council in rotation and not call on any member a second time or subsequent time until such time as all members shall have had an opportunity to speak. ii. Questions By Councilmembers. In the event a member wishes to direct questions to another member or to the public during a public meeting or 4 presentation, the questions shall be directed to the Mayor who, in turn, will recognize the Councilmember or member of the public who wishes to answer the specific questions. In the event a member wishes to direct a question to the City Manager, the question shall be directed to the City Manager through the Mayor, who will, in turn, recognize the member. All questions of City staff shall be made through the City Manager. e. PUBLIC PARTICIPATION AND DISCUSSION i. Public Hearinqs. Individuals wishing to speak on matters that appear on the agenda as "Public Hearings" need only to be recognized by the Mayor. The public shall be permitted to speak after the Mayor opens an item for Public Hearing. After the Public Hearing is closed by the Mayor, only members of the City Council or Administration shall discuss the item. ii. Addressinq, Council. Manner and Time. Public discussion shall be limited to three minutes maximum per person; however, the Mayor may authorize the extension of the aforesaid time frame, after due consideration for the substance, content, and relative importance of the subject. Any extensions granted should apply to other individuals speaking on the same subject. Each person who addresses the Council shall step up to the speaker's podium and shall give his/her name and address. No person other than the Council and the person recognized by the Mayor as having the floor shall be permitted to enter into discussion without the permission of the Mayor. All questions from the public to the Council shall be addressed through the Mayor. 5 f. COUNCIL MEETING ITEMS i. Approval of Minutes. Unless a reading of the minutes of a City Council meeting is requested by a member, such minutes may be approved by motion without reading the minutes. Revisions or correction to the minutes may be made at that time. ii. Special Presentations. This section of the agenda is reserved for presentations, proclamations or special recognition made by the Mayor. iii. Consent Agenda. There shall be a consent agenda during each regular City Council meeting. The consent agenda shall contain Resolutions, Ordinances for first reading, motions and other pertinent matters which, in the opinion of the City Manager, may be handled and implemented without necessity for discussion. Unless a Councilmember specifically requests that an item be removed from the consent agenda, such items shall be approved and adopted by a single motion and roll call vote. iv. Public Hearings. Ordinances for second reading or items requiring a public hearing shall be placed on this portion of the agenda. v. Resolutions. Resolutions not included on the consent agenda shall be placed on this portion of the agenda. vi. Reports. This section of the agenda shall be utilized for the Mayor, Councilmembers, City Manager and City Attorney to provide informational reports. As much as it is possible, the topic of the report should be provided to the City Manager prior to the close of the agenda so that the item may be noticed 6 to the public. No final action may be taken during this portion of the agenda unless determined to be an emergency by five (5) affirmative votes of the City Council. vii. Other Business. The Mayor or a Councilmember who has a request for the preparation of policy legislation or action by the City Attorney or Administration shall place such requests for consideration by the City Council under this section of the agenda. A signed written memorandum or form provided for such purposes shall state the purpose of the item/action, the major points to be covered, the reasons for necessary action, and the action desired by the Councilmember. Said document shall be provided to the City Manager prior to the deadline for closing the agenda. The request shall not be acted upon until such request is approved by a motion of the majority of the City Council. viii. 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." ix. Adiournment. All meetings of the City Council, whether they be special or regular meetings, shall be adjourned at 12:00 midnight. However, the City Council, by affirmative vote of five Councilmembers present at the meeting, may extend the meeting beyond the time limit. In any event, the motion to continue the meeting must provide for a specific time frame which the City Council will honor for the purposes of continuing the meeting. 7 g. COUNCIL AGENDA PREPARATION i. Placement of Items on Aqenda. All appropriate background material shall accompany the item in the form of a signed memorandum. All information relating to items to be placed on the agenda shall be submitted by the City Councilmember to the City Manager by 12:00 noon the Wednesday prior to a regular meeting. A complete package of all agenda material shall be provided to the City Council by the City Manager no later than the Friday evening prior to the date of the meeting. In the event pertinent information relating to an agenda item is missing or unaccounted for prior to the meeting, the City Council may remove the item from the agenda at the meeting. ii. Aqenda Closinq Dates. The agenda for all regular meetings of the City Council shall be closed by 5:00 p.m. on the Wednesday prior to the date of the meeting. No additional items shall be added to the agenda after the agenda closing date unless it is deemed to be an emergency. An item requiring immediate Council action and not included in the agenda may be added to the agenda by five (5) affirmative votes of the City Council determining consideration of such item is necessary as an emergency. iii. Preparation of Leqislation. All Ordinances and Resolutions shall show the name of each Councilmember and whether such member voted for, against or failed to vote. All Ordinances and Resolutions, once approved by the City Council, shall be executed by the Mayor and attested to by the City Clerk. iv. Sequence of Agenda Items. Upon request by the Mayor and/or other members of the Council, items on the agenda may be moved out of sequence in order to expedite the matters before the City Council. h. QUASI-JUDICIAL PROCEEDINGS i. Quasi-judicial proceedings shall be excepted from this Resolution and shall be governed by City Ordinance. Section 3. Conflict. All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution 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 Resolution, but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 5. That this Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder 9 PASSED AND ADOPTED this day of June, 1996. A-CrEST: ARTHURI. SNYDER, MAYOR ACTING CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 10 CITY OF AVENTURA OFFICE OFTHE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council _(~ ~ Eric M. Soroka, C i~l~a-g~r \! Resolut,ons Establishin-'g 401(a) Money Purchase Plans and 457 Deferred Compensation Plan June 18, 1996 City Council Meetin.q Aqenda Items '7~-. ~ ~ Recommendation It is recommended that the City Council approve the attached resolutions which will establish three (3) 401(a) Money Purchase Plans and one (1) 457 Deferred Compensation Plan. The plans will provide a comprehensive retirement program for all City employees. Background In order to provide a pension program for current and future employees, we are recommending establishment of programs which are administered by the ICMA Retirement Corporation. This organization was established by the International City Managers Association to provide retirement benefit programs for local government employees. The ICMA Retirement program plans ara also sponsored by the Government Finance Officers Association of the U.S. and Canada as well as numerous other governmental professional organizations. As we discussed at the June 14, 1996 workshop meeting, we are establishing three separate 401 plans covering the City Manager, Department Directors, and Assistant Department Directors and other employees. The contribution percentages are the same as was discussed at the workshop and are included in the Fiscal Year 1995/96 Budget. A deferred compensation plan is being established so that employees may make voluntary contributions up to a maximum of $7,500 per year. There is no cost to the City for this program. The combination of the 401 program for City contributions and the 457 program for voluntary employee contributions offer each employee the opportunity to establish a sound retirement program based on their individual needs and financial abilities. If you have any questions, please feel free to contact me. EMS/ne CC0016-96 2 ClTY OFAVENTURA OFFICE OFTHEClTY MANAGER MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council Eric M. Soroka, City M~na~r Harry M. Kilgore, D~rector~f Finance Support Services dune 14, 1996 Resolution Authorizing Investment of City Funds with State Board of Administration June 18, 1996 City Council Meeting A.qenda Item Recommendation It is recommended that the City Council approve the resolution to authorize investment of City funds. Background The City currently has and will continue to have some public funds in excess of current needs which can be invested. Because of the limited staffing of the City, it will not be feasible or prudent to invest funds on our own. We, therefore, need to so establish a relationship with the State Board of Administration so that we can utilize their personnel to invest funds for the City of Aventura. Initially, we will use the State Board of Administration (SBA) as our primary investment vehicle for all funds not needed within a few weeks. Eventually, as we build up greater amounts of funds on hand and have additional personnel, we can still use the SBA for short term investments and establish procedures to invest funds not needed for longer periods of time in longer term investments. The SBA is a program run by the State of Florida as a service to local governments. The program invests in relatively short term investments and Participants are charged an administrative fee which is deducted from earnings. The earnings rates and composition of investment holdings are shown on the attached pages. This is a very safe investment vehicle with funds available for withdrawal on a daily basis. It will work well for the City of Aventura based on the relatively Iow dollar value available for investment as well as limited personnel. EMS/HMK/ne ClTY OFAVENTURA OFFICE OFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~ Eric M. Soroka, Ci June 3, 1996 Ordinance Establishing Operating Departments Ist Readinq June 47 1996 City Council Meetinq A.qenda Item 2nd Readin.q June 18~ 1996 City Council Meeting Aqenda Item Recommendation It is recommended that the City Council adopt the attached Ordinance which establishes the operating departments of the City government of Aventura. Background The attached Ordinance establishes the operating departments for the City of Aventura. The department listings reflect what was proposed in the Budget and the Table of Organization Chart previously distributed to the City Council. If you have any questions please feel free to contact me. EMS/ CCO001-96 ORDINANCE NO, AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING THE OPERATING DEPARTMENTS OF THE CITY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE; WHEREAS, the City Manager has recommended that departments of City government be created as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. City Departments Created. For the purpose of systematically and efficiently administering the operations of the City of Aventura, the following departments of government within the City are hereby established: 1. Office of the City Manager; 2. Finance and Support Services; 3. Legal; 4. City Clerk's Office; 5. Public Safety; 6. Community Development; 7. Community Services. Section 2. Severabilit¥. 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 3. Effective Date. This ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Perlow, who moved its adoption on first reading. The motion was seconded by Vice Mayor Rogers-L±bert and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Counc£1member Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder 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 Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 4th day of June, 1996. 2 PASSED AND ADOPTED 1996. ATTEST: ACTING CITY CLERK APPROVED AS TO FORM AND CITY ATTORNEY on second reading this __ day of June, ARTHUR I. SNYDER, MAYOR 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Somka, June 12, 1996 Ordinance Establishing General Purchasing Procedures Ist Readinq June 47 1996 City Council Meetin.q A.qenda Item 2nd Readin.q June 187 1996 City Council Meetinq Aqenda Item Recommendation It is recommended that the City Council adopt the attached Ordinance which establishes the City's general pumhasing procedures and bid requirements. The Ordinance provides for professional guidelines and policies to oversee the purchasing activities of the City. As requested, the previous ordinance was revised based on input from councilmembers. The Ordinance was revised to establish a RFP/RFQ process for professional services contracts in excess of $15,000 to be awarded by the City Council. In addition, a provision was included to provide bid preference to businesses located in Aventura. Backqround The attached Ordinance establishes the general purchasing procedures for the City government. The major points of the Ordinance are as follows: 1. Purchasinq Guidelines · Purchases less than $2,500 do not require competitive bidding or City Council approval. · Purchases more than $2,500 but less than $15,000 require three (3) quotations from individual vendors. They do not require competitive bidding or City Council approval. · Purchases over $15,000 require formal competitive bidding and award by the City Council. 2, Exemptions From Formal Competitive Bidding · Sole Source items · Government Contracts · Professional Services less than $15,000. · Emergencies · Impracticability 3. Professional Services · Requests for proposals/requests for qualifications process shall be utilized for professional services in excess of $15,000. · Requires award by City Council. 4. Sealed Bid · Requires all formal competitive bids must be delivered to the City sealed and then opened in public. 5. Preference to businesses With Drug-Free Workplace Proqram · Adopts Florida Statute regarding bidding preferences for businesses with drug-free workplace programs. 6. Preference to Local Businesses for Bid Purchases · Businesses located in the City will receive a preference bonus of 10% or 10 points during the tabulation of the bid proposals. Overall, the Ordinances provides the guidelines and tools to insure an efficient and practicable purchasing system to procure goods on behalf of the City. I am also in the process of preparing a Pumhasing Manual that will establish administrative guidelines for all departments to follow. If you have any questions, please feel free to contact me. EMS/ne CC0014-96 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING GENERAL PURCHASING REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF PROVISIONS OF METROPOLITAN DADE COUNTY CODE SECTION 2-8.1, ET SEQ., PURSUANT TO CITY CHARTER SECTION 8.03; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, it is desirable to enact purchasing regulations to implement Section 3.10 of the City Charter; and WHEREAS, for those limited situations enumerated in the purchasing regulations for which the City Council has provided exemptions from the requirement for the use of competitive bids or proposals upon clearly drawn specifications, the City Council finds that it is impracticable to make the award of contracts upon competitive bids or proposals upon clearly drawn specifications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Pursuant to City Charter Section 3.10, the following General Purchasing Regulations are hereby established for the City of Aventura: A. Authority of City Manaqer; approval of contracts. The City Manager shall supervise and have full authority to approve or disapprove purchases by all departments. The City Manager shall issue rules governing purchasing procedures as he deems necessary from time to time. The City Manager shall approve all contracts relating to purchases of the City subject to the provisions of this Ordinance. All expenditures pursuant to this Ordinance shall conform to City Charter Section 3.09. B. Guidelines for procedures. (i) Purchases not greater than $2,500. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is not greater than $2,500 may be made or entered into by the City Manager without competitive bidding and without City Council approval. (ii) Purchases of more than $15,000. Purchases of or contracts for $2,500 but less than materials, supplies, equipment, improvements or services where the total amount expended is in excess of $2,500, but which is less than $15,000, may be made or entered into by the City Manager without City Council approval, provided that three (3) quotations are obtained from individual vendors ~ ~ (iii) P~,/chases of $15,000 or more. Except as exempted ~C~~e by paragraph low, purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount Council from competitive C. Exemptions following exemptions established: (i) Sole expended is $15,000 or more shall after formal competitive bidding. from competitive formal be awarded by the City formal biddinq. bidding are The hereby Source. Supplies, equipment or services available from a sole source only may be exempted from the bidding requirements of this Ordinance by the City Manager upon the filing a department head to the and circumstances involved. of a written request by outlining the conditions 2 City Manager (ii) Government Contracts. Purchases made under state purchasing contracts (a) pursuant to Fla. Stat. § 287.042; or (b) pursuant to state General Service Administration Contracts, federal, county or other governmental contracts; or (c) purchases made pursuant to cooperative bids with other governmental agencies shall be exempt from the competitive bid requirements of this Ordinance. (iii) Professional Services. Contracts of less than $15,000.00 for the professional services of attorneys, physicians, court stenographers, real estate brokers and other professions licensed and regulated by the state, and professional services governed by Fla. Stat. S 287.055, the Consultants Competitive Negotiation Act, may be entered into by the City Manager without formal competitive bidding under this Ordinance, unless required by law. (iv) (v) emergencies. Minimum Amount. Purchases of less than $15,000; Emerqencies. Purchases arising out of or because of Emergencies constitute a situation, occurrence or matter necessitating immediate or quick action and not permitting adequate time to utilize competitive bidding. (vi) Impracticability. Under circumstances where competitive bidding is impracticable, including, but not limited to, situations where time constraints do not permit the preparation of clearly drawn specifications or situations where, after competitive bidding, no bids meeting bid requirements are received, all compliant bids received are too high, or all bids are rejected 3 for failure to meet bid requirements (i.e. bids are noncompliant). D. Sealed bid. All competitive formal bids must be sealed, and shall be opened in public in the presence of City Manager- designated employees of the City. All bids will be received at the City Manager's office on or before the date an~ time set forth in the notice of proposal. ~~ E. Preference to businesses with druq-free workplace proqrams. The City hereby adopts by reference S 287.087, Fla. Stat. (1990), as amended, regarding bidding preferences for businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given a preference, provided that the drug-free workplace program complies with § 287.087, Fla. Stat., and any other applicable state law. An announcement of this preference may be included in the bid documents. F. Requests for Proposal/Requests for Qualifications. The Requests for Proposal/Requests for Qualifications process shall be utilized for the awarding of contracts of $15,000.00 or more for the professional services of attorneys, physicians, court stenographers, real estate brokers and other professions licensed and regulated by the state and professional services governed by Sec. 287.055, Fla. Stat., the Consultants Competitive Negotiation Act. All such awards shall be made by a Resolution adopted by the 4 majority of the City Council. The City Council may, 'by motion, waive the requirement to utilize Requests for Proposal/Requests for Qualifications if it is determined to be in the best interests of the City to do so or as otherwise authorized by law. G. Preference to Local Businesses for Formal Competitively Bid Purchases. Businesses located in the City of Aventura who reply to formal competitive sealed bid requests by the City shall receive a preference bonus of tabulation of the bid proposals. employed as provided for by this documents shall clearly set requirements. Section 2. 2-8.1, et seq. 10% or 10 points during the If a local preference is to be section, the invitation for bid forth such local preference ReDlacement of County Code Provisions. Section of the Code of Metropolitan Dade County is hereby replaced by this Ordinance pursuant to City Charter Section 8.03. Section 3. Severabilit¥. 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 Vice Mayor Rogers- 5 Libert, who moved its adoption on first reading. The motion was seconded by Councilmember Cohen, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder yes no 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 Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on PASSED AND ADOPTED on 1996. first reading this 4th day of June, second reading this day of June, ATTEST: ARTHUR I. SNYDER, MAYOR ACTING CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY:~/~R ~ CITY ATTORNEY L, ROBERT ELIAS EDWARO O. GUEDES STEPHEN J. HELFMAN GJLBERTO PASTOR IZA BARBARA }. RIESBERG ELLEN N. SAULe GAlL D. SEROTAe JOSEPH H. SEROTA RICHARD JAY WEISS DA~ID M. WOLPIN STEVEN W. ZELKOW[TZ WEISS SEItOTA & HELFI~IAN, P.A. ATTORNEYS AT LAW 2665 SOUTH SAYSHORE DRIVE SUITE PO4 MIAMI, FLORIDA 33133 June 13, 1996 BROWARD OFFICE 888 EAST LAS OLAS BOULEVARD SUITE 710 FORT LAUDERDAIE~ FLORIDA 3330I Honorable Mayor and Councilmembers City of Aventura 2999 NE 191st Street, Suite 500 Aventura, Florida 33180 Re: City of Aventura Occupational License Tax Dear Mayor and Councilmembers: Pursuant to Chapter 205, Fla. Stat., the City of Aventura (the "City") is authorized to adopt an occupational license tax ordinance imposing an occupational license tax (the "Tax") for the privilege of engaging in or managing any business, profession, or occupation within the City. Section 205.0315, Fla. Stat., provides that any municipality that has not adopted a Tax ordinance prior to October 1, 1995, may do so, but must provide that the Tax rate structure and classifications are reasonable and are: "based upon the rate structure and classifications prescribed in ordinances adopted by adjacent local governments that have implemented Section 205.0535." Section 205.0535, Fla. Stat., provided for the modernization and revision of Tax rate structures and classifications. The adjacent local governments of Metropolitan Dade County (the "County"), the City of North Miami Beach, and the City of Hallandale have each adopted revised Tax structures and classifications pursuant to Section 205.0535, Fla. Stat. Therefore, the City would utilize the Tax rate structure and classification of those three adjacent local governments in determining the appropriate Tax rate structure and classification to be embodied in the City ordinance. Accordingly, we are preparing a proposed Tax ordinance for review by the City Manager, and for City Council consideration. It should be noted that the County imposes a dual prong Tax. A Tax is imposed by the County both upon all businesses operating Honorable Mayor and Councilmembers June 13, 1996 Page 2 in Dade County (the "Countywide Tax"), and an additional Tax is imposed upon all businesses operating within the unincorporated area of the County. Businesses situated within the City would no longer be subject to the second prong of the County Tax ordinance. Instead of paying two Taxes to the County, businesses in the City would pay one Tax to the County and one to the City.~ Pursuant to Section 8.04 of the City Charter, all municipal taxes imposed within the City boundaries by the County, as the municipal government for unincorporated Dade County, which taxes were in effect on the day of adoption of the Charter, continue (until modified by the City) at the same rates and the same conditions as if those taxes had been adopted and assessed by the City. However, it is appropriate and advisable for the City to directly adopt its own ordinance to assure compliance with Section 205.0315, Fla. Stat., and to enable the City Council to legislatively establish the appropriate rate structure and classifications. Please advise if there are any questions on this matter. Respectfully submitted, David M. Wolpin DMW/lg/328001 cc: Eric M. Soroka, City Manager Richard Jay Weiss, Esq. ~/ Pursuant to County Code Section 8A-174, a portion of the Countywide Tax is distributed to the municipality in which the respective business is located, while funds derived from the unincorporated area Tax are utilized by the County pursuant to Section 8A-226 for provision of services in the unincorporated area. WEISS SEROT.~ & HELFMAN, p._A_.. Ch. 205 LOCAL OCCUPATIONAL LICENSE TAXES F.S. 1995 incurred as a result of collection efforts, and a penalty of up to $250. Htstory,--s. 1 ch. 72-306; s , ch, 73-144; s 40, ch. 83-204; s. 7, ch. 93-180. ~205.0532 Revocation or refusal to renew; doing business with Cuba.--Any local governing authority issuing an occupational license to any individual, busi- ness, or entity under this chapter may revoke or refuse to renew such license if the individual, business, or entity, or parent company of such individual, business, or entity, is doing business with Cuba. History.--s~ 4, ch~ 93-218, ~Note.--Section 6, ch. 93-218, provides that 'it]he Governor may waive the requirements of this act in the event that there is a collapse of the existing regime in Cuba and thece is a need for immediate aid to Cuba prior to the convening of the Legislature or for humanitarian reasons as a result of a national disaster on the Island of Cuba." ~ 205.0535 Reclassification and rate structure revi- sions.- (1) By October 1, 1995, any municipality or county may, by ordinance, reclassify businesses, professions, and occupations and may establish new rate structures, if the conditions specified in subsections (2) and (3) are met. A person who is engaged in the business of provid- ing I?ca! exchange telephone service or a pay telephone servrce ~n a municipality or in the unincorporated area of a county and who pays the occupational license tax under the category designated for telephone companies or a pay telephone service provider certified pursuant to s. 364.3375 is deemed to have but one place of business or business location in each municipality or unincorpo- rated area of a county. (2) Before adopting a reclassification and revision ordinance, the municipality or county must establish an equity study commission and appoint its members. Each member of the study commission must be a repre- sentative of the business community within the local government's jurisdiction. Each equity study commis* sion shall recommend to the appropriate local govern- ment a classification system and rate structure for local occupational license taxes. (3)(a) After the reclassification and rate structure revisions have been transmitted to and considered by the appropriate local governing body, it may adopt by majority vote a new occupational license tax ordinance. Except that a minimum license tax of up to $25 is permit- ted, the reclassification shall not increase the occupa* tional license tax by more than the following: for licenses costing $150 or less, 200 percent; for licenses costing more than $150 but not more than $500, 100 percent; for licenses costing more than $500 but not more than $2,500, 75 percent; for licenses costing more than $2,500 but not mom than $10,000, 50 percent; and for licenses costing more than $10,000, 10 percent; how- ever, in no case may any license be increased more than $5,000. (b) The total annual revenue generated by the new rate structure for the fiscal year following the fiscal year during which the rate structure is adopted may not exceed: 1. For municipalities, the sum of the revenue base and 10 percent of that revenue base. The revenue base is the sum of the occupational license tax revenue gen- erated by licenses issued for the most recently corn- pleted local fiscal year or the amount of revenue that would have been generated from the authorized increases under s. 205.043(1)(b), whichever is greater, plus any revenue received from the county under s. 205 .O33(4). 2. For counties, the sum of the revenue base, 10 percent of that revenue base, and the amount of reve- nue distributed by the cou,nty to the municipalities under s. 205.033(4) during the most recently completed local fiscal year. The revenue base is the occupational license tax revenue generated by licenses issued for the most recently completed local fiscal year or the amount of rev- enue that would have been generated from the author- ized increases under s. 205.033(1)(b), whichever is greater, but may not include any revenues distributed to municipalities under s. 205.033(4). (c) In addition to the revenue increases authorized by paragraph (b), revenue increases attributed to the increases in the number of licenses issued are author- ized. (4) After the conditions specified in subsections (2) and (3) are met, municipalities and counties may, every other year thereafter, increase by ordinance the rates of local occupational license taxes by up to 5 percent. The increase, however, may not be enacted by tess than a majority plus one vote of the governing body. (5) No license shall be issued unless the federal employer identification number or social security num- ber is obtained from the person to be licensed. History.--s, 8, ch. 93-180. 205.0536 Distribution of county revenues.--A county that establishes a new rate structure under s, 205.0535 shall retain all occupational license tax reve- nues collected from businesses, professions, or occupa- tions whose places of business are located within the unincorporated portions of the county. Any occupational license tax revenues collected by a county that estab- lishes a new rate structure under s. 205.0535 from busi- nesses, professions, or occupations whose places of business are located within a municipality, exclusive of the costs of collection, must be apportioned between the unincorporated area of the county and the incorpo- rated municipalities located therein by a ratio derived by dividing their respective populations by the population of the county. As used in this section, the term "population" means the latest official state estimate of population certified under s, 186.901. The revenues so apportioned shall be sent to the governing authority of each municipality, according to its ratio, and to the gov- erning authority of the county, according to the ratio of the unincorporated area, within 15 days after the month of receipt. History.--s. 9, ch. 93-180. 205.0537 Vending and amusement machines.- The business premises where a coin-operated or token-operated vending machine that dispenses prod~ ucts, merchandise, or services or where an amusement or game machine is operated must assure that any required municipal or county occupational license for the machine is secured. The term "vending machine" does not include coin-operated telephone sets owned 1548 F.S. 1995 Ch. 205 Re uirement to report status of fictitious 205.023 .... ~q~,, As a prerequisite to receiving a name reglsua,,v-.-- ational license under this chapter or transfer- Iocaloccup. - ,: .... e under s 205 033(2) or s 205.043(2), the applicant or new owner must present to the county or municipality that has iudsdiction to issue or transfer the license either: ' urrent - ?? ..c n~r~e reaistreton, issued by the L~iWS ' s of the Department of State; or . Corporation. · ,^~,,,,t stoned by the apphcant or (2) A wntten s~aL~, ...... new owner, which sets forth the reason that the appli- cant or new owner need not comply with the Fictitious Name Act. --~ 205.0315 Ordinance adoption after October.l., 1995.--Beginning October 1, 1995, a county or mumC~- pality that has not adopted an occupational license tax 1971, for license taxes levied at a fiat rate may be up to 100 percent for occupational license taxes that are $100 or less; 50 percent for occupational ~icense taxes that are between $101 and $300; and 25 percent for occupa- tional license taxes that are more than $300. Beginning October 1, 1982, the increase may not exceed 25 per- cent for license taxes levied at graduated or per unit rates. Authority to increase occupational iicense taxes not a ly to licenses granted to any utility fran- does PP · ~h ~ fran hise fee is paid. chised by the county ~or w,, ....... c year, and (c) A license is not valid for more than 1 all licenses expire on September 30 of each year, except as otherwise provided by law. (2) Any business license may be transterred to a new owner, when there is a bona fide sale of the busi- on avment °f a transfer fee °f up t° 10 percent ness, up P ,~--oe tax, but not less than $3 nor more of the annua than $25, and presentation of the original license and evidence of the sale. ordinance or resolution may adopt an occupational (3) Upon written request and presentation of the · e ' to another location in the same county upon flcense tax ordinance. The occupational license tax rate original license, any license may be transferred from one - ~ ~otions in the adopted ordlnanC location · ~-~.,sfer fee of up to 10 percent of the structure ano classl/M.~ tint~ll~ the rate structure payment o~ a ,.o,, _ · ,--- *~-~,, ~q nor more than ~~'-~' impemen e . $25. - ,4edved from the occupational (4) The revenue~ ,~ mented s. 205.0535, or if the governing body of the license tax, exclusive ct the costs of collection and any county or municipality finds that the rate structures or credit given for municipal license taxes, shall be appor- tioned between the unincorporated area of the county classifications of adjacent local governments are unrea- sonable, the rate structure or classifications prescribed in its ordinance may be based upon those prescribed in ordinances adopted by local governments that have implemented s. 205.0535 in counties or municipalities that have a comparable population. Le · count es.--The governing body of a 205.032 W, · · ....olut on or ordinance, lev , b appropna~,~ · county may Y · Y .... *he ,~r vi age of engaging · ' ' risdict on. However, the governing body within its jt~ - ' * 14 da,,s' public notice b~tween the first and last reading of the resolution or ordtnance by pub shing ..... defined by law The public tion within its iurisolc~lon ~*~ ' notice must contain the proposed classifications and cab e to the occupational I cense tax. 205.033 Conditions for levy; counties.-- (1) The followin(} conditions are imposed on the authority of a county governing body to levy an occupa- tional license tax: (al The tax must be based upon reasonable classifi- cations and must be uniform throughout any class. s the county implementS s. 205.0535 or ~b),_U~e~s u ational license tax ordinance under s. 205.0315, an occupational license tax levied under this subsection may not exceed the rate provided by this chapter in effect for the year beginning October 1, 1971; however, beginning October 1, 1980, the county governing body may increase occupational license taxes authorized by this chapter. The amount of the and the incorporated municipalities located therein by a ratio derived by dividing their respective populations by the population of the county· This subsection does not apply to counties that have established a new rate structure under s. 205.0535. The revenues so apportioned shall be sent to the (5) . authority of each municipality, according to o the ratio ct the unincorporated area, within according t . _ .,- ~,eceint This subsecbon 15 days,fo_l~,, g counties that have estabhshed a new ~under s. 205.0535. rate structUrceh county, as defined in s. 125.011(1), or (6)(al Ea ........ levy and collect, by an Y-nc nce'enRcted by the governing body o/~-~ ..... ord~ a . g-------~tional license tax up to 50 perc?~ of the appropriate license tax impo~,, (1) 4 and 5) do not apply to any rave ih) Subsections ( ) · ~ ....... used under this nu~s derived from the additional t~x .-F subsection. Proceeds from the additional license in a separate nterest-earnlng account %tthbee Pcj%ing body of the county shall distribut~ this revenue, plus accrued interest, each fiscal year an organization or agency designated by the govern~n~ nt to oversee and implement a c°m?6 body of the cou. Y .... nr ~trateav through adve hens ye economic oev??-,=-- 7~ ~.~.~' ~ates and ma keting techniques. (c) An ordinance that levies an additional ocCUP: tional license tax under this subsection may not t adopted after January 1, 1995, (7) Notwithstanding any other provisions of chapter, the revenue received from a county ocCUl: increase above the license tax rate levied on October 1, 1546 § 8A-171 Sees. 8A-167---SA-170. Reserved. ARTICLE IX. OCCUPATIONAL LICENSE TAXES* Sec. 8A-171. Occupational license taxes im- posed. No person shall engage in or manage any busi- ness, profession or occupation in Dade County for which an occupational license tax is required by this article without first obtaining the required license or licenses from the County Tax Collector. A separate license shall be required for each place of business or for each separate classifica- tion of business at the same location. Fees or licenses paid to any Board, Commission or officer for permits, registration, examination or inspec- tion shall be deemed to be regulatory and in addition to and not in lieu of any occupational license required by this article. For the purpose of this chapter, any represen- tation by any person of being engaged in any business, occupation or profession for which a license is required under this chapter shall con- stitute evidence of the liability of such person to pay a license tax, whether or not such person actually transacts any business or practices any profession. Displaying a sign or advertisement indicating the operation of business, occupation or profession at a given location, advertising a business, occupation or profession in the classi- fled section of the telephone directory, or any other media or publication, shall also constitute evidence that such person is holding himself out to the public as being engaged in business, occu- pation or profession. (Ord. No. 72-44, § 1, 8-15-72; Ord. No. 93-80, § 1, 7-29-93) *Editor's note--Article IX, §§ 8A-171--SA-223, is origi- nally derived from Ord. No. 72-44, § 1, adopted Aug. 15, 1972, and effective Sept. 1, 1972. Sections 2 and 4 of said ordinance, validity and effective date provisions, and § 3, authorizing inclusion herein and renumbering of the ordinance, were omitted from codification. Cross reference--Occupational licenses for branch auto tag agency, § 2-119 et seq. State law reference--Occupational licenses, F.S. ch. 205. Sec. 8A-171.1. Reserved. Editor's note-Ord. No. 86-5, § 1, adopted Feb. 4, 1986, repealed Ord. No. 85-50 and reset the license tax rates to their July 1, 1985 level. Ord. No. 85-50 imposed an additional tax for economic growth and to support the symphony. It was codified as § 8A-171.1. The editor has adjusted the fees in § 8A-186 to reflect their July 1, 1985 level. Sec. 8A-171.2. Additional tax on occupa- tional Hcenses imposed; dis- position of proceeds; report; applicability. (a) All applicants for new or renewed occupa- tional license pursuant to this article shall pay an additional amount of tax equal to fifty (50) per- cent of the amount otherwise due under this article, and such additional tax is hereby levied and imposed. (b) The proceeds of such additional tax shall be placed in a separate interest-earning account and this revenue, plus accrued interest, shall be dis- tributed each fiscal year to the Dade County Beacon Council, Inc. (c) The Dade County Beacon Council, Inc. shall furnish a written annual report to the Board of County Commissioners. (d) All collection and enforcement procedures provided by this article shall be applicable to the additional tax levied herein. However, Section 8A-174 of the Code shall not apply to any reve- hues derived from the additional tax imposed herein. (Ord. No. 87-38, § 1, 6-11-87) Editor's note~Ord. No. 87-38, § 1, adopted June 11, 1987, amended Art. IX of this chapter by the addition of a new section, which provisions have been included herein at the discretion of the editor as § 8A-171.2. See. 8A-172. Doing business without license. Any person who shall carry on or conduct any business or profession for which a license is required without first obtaining such license shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than double the amount required for such license or imprisonment not exceeding six (6) months. (Ord. No. 72-44, § 1, 8-15-72) Supp. No. 15 966 (~ § 8A-173 DADE COUNTY CODE but not limited to, the profession of chiropractic, medicine, dentistry, account- ing, financial planning or law. A separate license for each person engaged in the practice of such profession is required, whether practicing by himself, or in part- nership, or employed by another. Said li- cense is a personal license and is not trans- ferable to another professional. (4) Admission facility means any facility or place of business that charges a set fee for entering said facility or place of business which entitles the person or persons paying such fee to participate in or observe events, exhibits or services provided inside the facility or place of business including but not limited to amusement parks, art exhib- its, or any other form of exhibitions in which a set fee is charged. (Ord. No. 72-44, § 1, 8-15472; Ord. No. 93-80, § 2, 7-29-93; Ord. No. 95-109, § 3, 6~20-95) Sec. 8A-174. Disposition of t~xes collected. (1) Dade County shall retain ail occupational license tax revenue collected from businesses, professions or occupations whose places of busi- ness are located within the unincorporated areas of the County as per Florida Statutes 205.0536. (2) Any revenues derived from businesses, pro- fessions or occupations whose places of business are located within a municipality, exclusive of the costs of collection, must be apportioned between the unincorporated area of the County and the incorporated municipalities located therein by a ratio derived by dividing their respective popula- tions by the population of the County. As used in this section, the term "population" means the latest official state estimate of population certi- fied under Florida Statutes 186.901. (3) The revenues so apportioned shall be sent to the governing authority of each municipality according to its ratio and to the governing author- ity of the County according to the ratio of the unincorporated area within fii~een (15) days fol- lowing the month of receipt. (Ord. No. 72-44, § 1, 8-15-72; Ord. No. 77-66, § 1, 9-20-77; Ord. No. 95-109, § 4, 6-20-95) Sec. 8A-175. Term of license taxes and trans- fer. (1) No occupational license shall be issued for more than one (1) year, and all occupational licenses expire on September 30 of each year; and it shall be the responsibility of each licensee to obtain a renewal of his occupational license on or before October first of each year as long as such business, service, occupation or profession is per- formed in Dade County. The mailing of renewal applications by the Tax Collector is a courtesy reminder. Failure to receive the renewal applica- tion shall not constitute a valid reason for nonrenewai of the occupational license. (2) Any business license may be transferred to a new owner, when there is a bona fide sale of the business, upon payment of a transfer fee of up to ten (10) percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and presentation of evidence of the sale and the original license. (3) Upon written request and presentation of the original license, any license may be trans- ferred from one (1) location to another location in the same County upon payment of a transfer fee of up to ten (10) percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00). (4) Upon presentation of the original license by the licensee and any documentary evidence the Tax Collector requires, a change of business name may be established upon payment of a fee of up to ten (10) percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00). (5) It shall be the duty of every person taking over or purchasing an existing business which is required to be licensed under this article to notify the Tax Collector of the County within thirty (30) days, and upon failure to do so the person shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not more than one hundred dollars ($100.00) or confined in the County Jail for not more than six (6) months, or both, in the discretion of the court. (Ord. No. 72-44, § 1, 8-15-72; Ord. No. 93-80, § 3, 7-29-93) 963 BUSINESS REGULATIONS § 8A-224.4 ARTICLE X. OCCUPATIONAL LICENSE TAXES IN UNINCORPORAT~:D AREAS* Sec. 8A-224. Occupational license taxes. No person shall engage in or manage any busi- ness, profession or occupation in the unincorpo- rated areas of Dade County for which an occupa- tional license tax is required by this article without first obtaining the required license or licenses from the County Tax Collector. A separate license shall be required for each place of business or for each separate classifica- tion of business at the same location. Fees or licenses paid to any board, commission or officer for permits, registration, examination or inspec- tion shall be deemed to be regulatory and in addition to and not in lieu of any occupational license required by this article. For the purpose of this chapter, any represen- tation by any person representing of being en- gaged in any business, occupation or profession for which a license is required under this chapter shall constitute evidence of the liability of such person to pay a license tax, whether or not such person actually transacts any business or prac- rices any profession. Displaying a sign or adver- tisement indicating the operation of business, occupation or profession at a given location, ad- vertising a business, occupation or profession in the classified section of the telephone directory, or any other media, or publication shall also consti- tute evidence that such person is holding himself out to the public as being engaged in business, occupation or profession. (Ord. No. 77-67, § 1, 9-20-77; Ord. No. 93-80, § 15, 7-29-93) Annotation--CAO 76-5. *Editor's note-Ord. No. 77-67, § 1, adopted Sept. 20, 1977, amended the Code by adding Art. X, §§ 8A-224---SA-247, providing for occupational license taxes in the unincorporated areas of the Count~: Charter reference~Authority of Board to levy in unin- corporated areas all taxes authorized to be levied by munici- palities, § 1.01(D). Cross reference-Occupational licenses for branch offices of County Auto Tag Agency, § 2-119 et seq. State law reference--Occupational licenses, F.S. Ch. 205. Sec. 8A-224.1. Doing business without li- cense. Any person who shall carry on or conduct any business or profession for which a license is required, without first obtaining such license shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than double the amount required for such license or imprisonment not exceeding six (6) months. (Ord. No. 77-67, § 1, 9-20-77) Sec. 8A-224.2o Partial exemption in enter- prise zones. There shall be an exemption of fif~ (50) percent of the occupational license tax required herein for any business, occupation or profession that is located in an enterprise zone as defined in Chap- ter 290, Florida Statutes. The exemption shall be applicable to the tax year beginning October 1, 1988; however, no license shall be issued with the exemption authorized herein for any period begin- ning on or after October I, 1994. Any license issued with the exemption authorized in this section is nontransferable. A business, occupation or profession shall apply for the exemption provided herein by presenting proof of eligibility to Metro-Dade Office of Com- mnnity and Economic Development (OCED) in a form approved by this Board, prior to July thirty- first of each tax year beginning the following October 1, for which the exemption is sought. Such proof shall be made by means of a statement filed under oath with OCED indicating that the permanent business location or branch office is in an enterprise zone. OCED shall determine eligi- bility from the statement fried by the applicant and shall then forward it to Metro-Dade Occupa- tional License Section of the Tax Collector Divi- sion of the Dade County Finance Department for its processing. (Ord. No. 88-26, § 1, 4-19-88) Cross reference--Property tax exemption in enterprise zones, § 29-81 et seq. Sec. 8A-224.3. Reserved. Sec. 8A-224.4. Future review of certain tax rates. Two (2) years after adoption of this ordinance and every other year thereafter, the County Com- Supp No. 15 990.3 § 8A-224.4 DADE COUNTY CODE mission may review and consider the Occupa- tional License Taxes established pursuant to this ordinance and may amend them to the extent permitted by § 205.0535(4), Florida Statutes. (Ord. No. 95-109, § 42, 6-20-95) Sec. 8A-225. Definitions. For the purposes of this article, the following terms and phrases shall have a me~nlng ascribed as follows: (1) Person means any individual, firm, part- nership, joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, busi- ness trust, trustee, executor, administra- tor, receiver or other fiduciary, and shall include the plural as well as the singular. (2) Business, profession and occupation do not include the customary religious, charitable or educational activities of nonprofit reli- gious, nonprofit charitable and nonprofit educational institutions in this State, which institutions are more particularly defined and limited as follows: (a) Religious institutions shall mean churches and ecclesiastical or denomi~ national organizations, or established physical places for worship in this State at which nonprofit religions services and activities are regularly conducted and carried on, and shall also mean church cemeteries. (b) Educational institutions shall mean State tax-supported or parochial, church and nonprofit private schools, colleges or universities conducting regular classes and c~urses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, Department of Education or the Florida Council of Independent Schools. Nonprofit librar- les, art galleries and museums open to the public are defined as educational institutions and eligible for exemption. (c) Charitable institutions shall mean only nonprofit corporations operating phys- ical facilities in Florida at which are provided charitable services, a reason- able percentage of which shall be with- out cost to those unable to pay. (3) Professional means any person engaged in the practice of a special calling including, but not limited to, the profession of chiropractic, medicine, dentistry, account- lng, financial planning or law. A separate license for each person engaged in the practice of such profession is required, whether practicing by himself, or In part- nership, or employed by another. Said li- cense is a personal license and is not trans- ferable to another professional. (4) Admission facility means any facility or place of business that charges a set fee for entering said facility or place of business which entitles the person or persons paying such fee to participate in or observe events, exhibits or services provided inside the facility or place of business including but not limited to amusement park~, art exhib- its, or any other form of exhibitions in which a set fee is charged. (Ord. No. 77-67, § 1, 9-20-77; Ord. No. 93-80, § 16, 7-29-93; Ord. No. 95-109, § 43, 6-20-95) Sec. 8A-226. Disposition of taxes collected. The revenues derived from the occupational license tax shall be deposited In the general fund of the County within fifteen (15) days following the month of receipt. Such revenues shall be used to support services to residents of the unincorpo- rated areas. (Ord. No. 77-67, § 1, 9-20-77) Sec. 8A-227. Term of license taxes and trans- fer. (1) No occupational license shall be issued for more than one (1) year, and all occupational licenses expire on September 30 of each year; and it shall be the responsibility of each licensee to obtain a renewal of his occupational license on or before October first of each year as long as such business, service, occupation or profession is per- formed in Dade County. The mailing of renewal applications by the Tax Collector is a courtesy Supp. No. 15 990.4 § 6A-247.J. DADE COUNTY CODE Sec. 8A-247.1. Schedule of taxes. The' amount assessed for Occupational License Tax on trades, occupations, professions and businesses are hereby fixed as follows: ~ype of Business Abstract company $ 100.00 Accountant 30.00 Acupuncture 30.00 Administrative office 30.00 Adult congregate living fa- cility 100.00 + Adult day care 30.00 -~ Advertising / marketing / public relations 30.00 + AdvertiSing space rental 25.00 + Alteration service -- com- mercial 30.00 + Alterations 25.00 Ambulance service 30.00 + Amusement center 25.00 Amusement device (non coin) 25.00 + Amusement facility 25.00 + Amusement ride 25.00 + Amusement / service vend- ing machine 25.00 25.00 + 460.00 + 30 + 30 + 30.00 + not taxable 25.00 25.00 + 30.00 + 30.00 40.00 30.00 30.00 + 230.00 40.00 + 30.00 30.00 + 30.00 + 30.00 + Answering service Antique / art dealer / studio Apartments Apparel / accessory mfg Appraiser Architect Artist / illustrator Assembly / fabricating Astrology / palm reader Attorney Attorney branch office Auction sales / liquidator Auctioneering service Audio visual service Audiologist/speech pathal- ogist Auditorium / playhouse Author / writer Auto / truck / van sales Auto / truCk / van service Automatqd teller machine Baby sitting service (itiner- ant) Bakery Bank / trust company Banking facility Barber or beauty school 30.00 800.00 30.00 30.00 + 30.00 + 50.00 25.00 30.00 + 200.00 80.00 30.00 + $ 3.00 for each additional employee from 21 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional space f~om 2 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 15.00 for each additional device from 2 to 99,999 15.00 for each additional unit from 2 to 99,999 15.00 for each additional ride from 2 to 99,999 15.00 for each additional machine from 2 to 30 6.00 for each additional machine from 31 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 apartments from 1 to 4 apartments from 5 to 10 1.50 for each additional apartment from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from I1 to 99,999 10.00 library fee 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 Supp. No. 16 990.20 BUSINESS REGULATIONS § 8A-247.1 Type of Business Barber shop / chair 30.00 Beauty service 30.00 Beauty ehop/ chair 30.00 Beeper paging 80.00 Binding service 30.00 Blood bank center 50.00 Body / paint / repair shop 30.00 Bookkeeping / tax / imm/- gration service 30.00 Bowling lanes 25.00 Bulk merchandise vending stand 25.00 Business service 30.00 Cabinets / woedworking mfg. 30.00 Cable TV 600.00 Cable TV franchise 500.00 Canning / bottling 30.00 Car wash / auto detail/ng 30.00 Carnival (sponsored) 25.00 Catering service 30.00 Cemetery / crematorium 200.00 Ceramic studio / kiln / sup- plies 30.00 Char~er / leasing service 30.00 Check service / ca~hing 30.00 Child day care facility 30.00 Chiroprac/or 40.00 Circus / carnivals (not spon- sored) 100.00 Cleaner / laundry / alter- ations 30.00 Cleaning service 30.00 Clinic / medical center / di- alysis 100.00 Clinical social worker 40.00 Collection / credit service 30.00 Community TV antenna 600.00 Corem TV antenna fran- chise 500.00 Computer / data processing service 30.00 Concession / news stand 30.00 Consultant 40.00 Copy / DUP / reproduction service 30.00 Correspondence school 30.00 Courier drop box 25.00 Courier service 30.00 Court reporter 30.00 CPA 40.00 Credit / debit card co. 150.00 Cruise 1/ne/d/nner cruise 100.00 Custom house broker 30.00 Cutting / sewing / press ser- vice 30.00 Dancing or entortainment / one night only 150.00 Dancing or entertainment 225.00 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee fi.om 15.00 for each additional lane from 16.00 for each additional stand from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 15.00 for each additional unit from 3.00 for each additional employee, from 3.00 for each additional employee from 3.00 for each additional employee fi.om 3.00 for each additional employee from 3.00 for each additional employee fi.om per day 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee fi.om 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from per location 3.00 for each additional employee fi.om 3.00 for each additional employee from 3.00 for each additional employe~ 3.00 for each additional employee from 11 to 11 to 11 to 11 to 11 to 11 to 2 to 2 to 11 to 11 to 11 to 11 to 2 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 21 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 Supp. No. 16 990.21 § ~8A-247.1 ~ DADE COUNTY CODE Educational institutions Electric plant Electric plant franchise Electrical Type of Business Dating / escort business 100.00 Dealer in intangible per- sonal property 80.00 Dealer in petroleum prod- ucts 75.00 Dealer/in LPG / equipment 130.00 Dealer / installation LPG 130.00 Delivery / messenger ser- vice 30.00 Dental lab school 30.00 Dental laboratory 30.00 Dentist 40.00 Designer 40.00 Dietician 30.00 Dispensing optician 30.00 DLR used motor vehicle parts 100.00 Drafting service 30.00 Drive in restaurant 60.00 Eating establishment 30.00 60,00 90.00 120,00 30.00 600.00 500.00 30.00 60.00 120.00 Electrolysis service 30.00 + Electronic telephone info 200.00 Embalmer 40.00 Embroidery / monogram ser- vice 30.00 + Employment a§ency 30.00 + Engraving / laminating ser- vice 30.00 + Equipment operator 30.00 + Exercise center - non mem- her 100.00 Expert / import 30.00 Farmers market 200.00 Fax commtm/cation 50.00 Film / photo process / de- velop 30.00 + Film / photo service 30.00 + Finance / loans / mortgages 150.00 Firearms mfg 30.00 + Fitness center - member- ship 200.00 Flea market 230.00 Flea market sales 30.00 Food products mfg / process 30.00 + Food / beverage sales 30.00 + Foreign exchange 80.00 Framing service 30.00 + Freight forwarding / cargo service 30.00 + + 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from + 3.00 for each additional employee from 11 to 11 to 11 to 11 to 11 to 99,999 99,999 99,999 99,999 99,999 seats from 1 to 30 seats from 31 to . 74 seats from 75 to 149 seats from 150 to 99,999 3.00 for each additional employee from 11 to 99,999 employees from 1 to 50 employees from 51 to 100 employees from 101 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from + 3.00 for each additional employee from 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee' from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 Supp. No. 16 990.22 BUSINESS REGULATIONS § 8A-247.1 Type of Business Fruit shipping agent 30.00 Funeral director 40.00 Funeral dlrector / embalmer 40.00 Funeral home 30.00 Garbage / waste disposal 30.00 Gas plant 600.00 Gas plant franchise 500.00 General building 30.00 General engineering General mechanical Golf course / miniature Graphic / art / typesetting Guard patrol agency Hall for hire Handwriting analyst -- al- fidavit Health testing -- invasive Health testing non-invasive Hearing aid specialist Holding company / franchis- lng Home health care agency Home health care provider Hospital / emergency room Hotel + + 60.00 120.00 30.00 60.00 120.00 30.00 60.00 120.00 25.00 + 30.00 + 30.00 + 230.00 30.00 30.00 + 30.00 + 30.00 3.00 for each additional employee 150.00 120.00 25.00 100.00 + not taxable 25.00 25.00 + Hypnotherapist (affidavit) 30.00 Ice cream vendor 30.00 Information / referral ser- vice 30.00 + Inspection service 30.00 + Installation service -- non contractor 30.00 + Instructor / training / tutor 30.00 + Insurance adjustor 25.00 Interior decorator 30.00 + Interior designer 40.00 investments / land develop- ment 150.00 Janitorial service 30.00 + Junk dealer/junk yard 100.00 Key making 30.00 + land surveyor 40.00 Landfill / dump 100.00 Landscape architect 40.00 Laundromat/laundry room 25.00 + Laundry machines 25.00 + Lawn / lawnscape / tree ser- vice 30.00 + fi.om 3.00 for each additional employee fi.om 3.00 for each additional employee fi.om 11 to 99,999 11 to 99,999 11 to 99,999 employees fi.om I to 50 employees from 51 to 100 employees fi.om 101 to 99,999 employees from 1 to 50 employees from 51 to 100 employees from 101 to 99,999 employees from 1 to 50 employees from 51 to 100 employees from I01 to 99,999 15.00 for each additional course from 2 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 3.00 for each additional employee fi.om 11 to 99,999 11 to 99,999 3.00 for each additional employee from 21 to 99,999 rooms fi.om 1 to 4 rooms from 5 to 10 1.50 for each additional room fi.om I1 to 99,999 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee fi.om 3.00 for each additional employee from 3.00 for each additional employee from 1.50 for each additional machine from 1.50 for each additional machine fi.om 3.00 for each additional employee fi.om 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 I1 to 99,999 2 to 99,999 2 to 99,999 11 to 99,999 Supp. No. 16 990.23 § 8A-247.1 DADE COUNTY CODE ~ype of Business Lessor of COmmercial prop- erty 230.00 Local exchange telephone service 900.00 Locksmith service 30.00 Long distance cammtmica- tions 250.00 LPG installer 50.00 Lunch wagon / truck 30.00 Machine / welding shop 30.00 + Marl order 30.00 + Management service 30.00 + Manufacturing 30.00 + Marine surveyor 40.00 Marine / beat repair 30.00 + Marriage and family thera- pist 40.00 Massage establishment 30.00 + Massage therapist 25.00 Membership organization 200.00 Mental health counselor 40.00 Merchandise vending ma- chine 25.00 25.00 + 199.00 + 130.00 MFG of LPG equipment MFG representative (indi- vidual) Mobile auto mechanic Mobile home park / camp grounds Mobile home sales Money order sales Mortgage broker business Motel 30.00 25.00 Paralegal 30.00 60.00 90.00 30.00 + 30.00 150.00 not taxable 25.00 25.00 + Movie / multi theatre 80.00 Moving / hauling / storage (local) 30.00 + Multiple business 100.00 Naturopath , 40.00 News / wire service 80.00 Nurse / midwife 30.00 Nursery plant sales 30.00 + Nursing / convalescent home 100.00 + Occult science 230.00 Operation center 30.00 + Optometrist 40.00 Osteopathic l~hysician 40.00 packing / packaging 30.00 + Packing/ processing (farm products) 25.00 + 150.00 30.00 + 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 6.00 for each additional machine from 3.00 for each additional machine from 11 to 11 to 11 to 11 to 11 to 11 to 11 to 2 to 31 to 99,999 99,999 99,999 99,999 99,999 99,999 99,999 30 99,999 spaces from I to 100 spaces from 101 to 200 spaces from 201 to 99,999 3.00 for each additional employee from 11 to 99,999 rooms from I to rooms from 5 to 1.50 for each additional room from 11 to per screen 3.00 for each additional employee from 11 to 11 to 21 to 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 2.00 for each additional employee from employees from 11 to 11 to 11 to 61 to 4 10 99,999 99,999 99,999 99,999 99,999 99,999 6O 99,999 Supp. No. 16 990.24 BUSINESS REGULATIONS § 8A-247.1 Type of Business Paramedic/physician assis- taut Parking facility 30.00 30.00 60.00 90.00 Party / entertainment ser- vice 30.00 + Passenger transportation service 30.00 + Pawnbroker 340.00 Pay telephone provider 25.00 + Peddler 30.00 Permanent exhibit / admis- sion facility 230.00 Personal services 30.00 + Pest control service 30.00 + Photographer / video ser- vice 30.00 + Physical therapy center 30.00 + Physician 40.00 Plumbing 30.00 60.00 120.00 Podiatrist 40.00 Polygraph examiner 30.00 + Postal service 30.00 + Printing / llthograph 30.00 + Private investigative agency 30.00 + Process server 30.00 + Processing 30.00 + Producer / productions 300.00 Professional association / corp / f'n-m 30.00 Professional engineer 40.00 Professional sports team 300.00 Promotor / coordinator 200.00 Psychologist 40.00 Publishing service 30.00 + Purchasing agent / ship chandler 30.00 + Quarrying / mining 30.00 + Railroad 225.00 Real estate appraiser 30.00 Real estate branch office 30.00 Real estate broker 30.00 Real estate firm 30.00 Real estate school 30.00 + Recording / film studio 300.00 Recycling / refiners 30.00 + Refinish / finishing / dye service 30.00 + Rental service - not real property 30.00 + Repossessing service 30.00 + Resale of communication time 150.00 Research / search service 30.00 + Retail of firearms 30.00 + spaces from I to 100 spaces from 101 to 200 spaces from 201 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee fi.om 11 to 99,999 3.00 for each additional telephone from 2 to 99,999 3.00 for each additional employee from 3.00 for each additional employee fi.om 3.00 for each additional employee from 3.00 for each additional employee from 11 to 99,999 I1 to 99,999 11 to 99,999 11 to 99,999 employees from 1 to 50 employees from 51 to 100 employees from 101 to 99,999 3.00 for each additional employee fi.om 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee fi.om 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 11 to 99,999 Supp. No. 16 990.25 § 8A-247.1 DADE COUNTY CODE Type of Business Retail pharmacy Retail store Rooms / boarding / guest home 30.00 + 30.00 + Specialty electrical Specialty engineering Specialty mechanical Specialty plumbing Stadium / axena Not taxabl~ 25.00 25.00 + Selling / trading tangible personal property 30.00 + Sales broker (individual) 30.00 Saving and loan association 200.00 School bas service 30.00 + School psychologist 40.00 Scrap metal processor 150.00 Secretarial / clerical service 30.00 + Security systems monitor- ing 100.00 Self storage 100.00 Seller of travel 30.00 + Service and repairs - non contractor 30.00 + Shopping mall 230.00 Showroom / sales office 30.00 + Slaughter house 30.00 + Specialty building 25.00 50.00 100.00 25.00 50.00 100.00 25.00 50.00 100.00 25.00 50.00 100.00 25.00 50.00 100.00 150.00 300.00 600.00 30.00 + Stevedore agency Stock and bond / commodity broker Sub building Sub general building Swimming pool Tailor / dressmaking Take out food / snack bar Tank refills (LPG) Tattoo service (affidavit) Taxicab / jitney / dispatch service 150.00 30.00 60.00 120.00 30.00 60.00 120.00 25.00 + 30.00 + 30.00 60.00 25.00 30.00 + 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 rooms from 1 to 4 rooms from 5 to 10 1.50 for each additional room from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 employees from I to 50 employees from 51 to 100 employees from 101 to 99,999 employees from I to 50 employees from 51 to 100 employees from 101 to 99,999 employees from i to 50 employees from 51 to 100 employees from 101 to 99,999 employees from i to 50 employees from 51 to 100 employees from 101 to 99,999 employees from i to 50 employees from 50 to 100 employees from 101 to 99,999 seats from 1 to 10,000 seats from 10,001 to 30,000 seats from 30,001 to 99,999 3.00 for each additional employee from 11 to 99,999 employees from I to 50 employees from 50 to 100 employees from 101 to 99,999 employees from 1 to 50 employees from 51 to 100 employees from 101 to 99,999 15.00 for each additional pool from 2 to 99,999 3.00 for each additional employee ' from 11 to 99,999 3.00 for each additional employee from 11 to 99,999 Supp. No. 16 990.26 BUSINESS REGULATIONS § 8A-250 Type of Business Teis / radio / sat communi- cation 250.00 Telecom systems sales / ser- vice 250.00 Telegraph 80.00 Telemarketing 30.00 + 3.00 Temporary employment agency 120.00 Tennis courts 25.00 + 15.00 Tent sales 30.00 + 3.00 Testing service (non-medi- cai) 30.00 + 3.00 Textile products mfg 30.00 + 3.00 Therapist (physical) 30.00 Ticket sales / reservation 30.00 + 3.00 Tip sheet 230.00 Title insurance companies 100.00 Tour guide service 25.00 Tour / travel agency 30.00 + Towing truck 25.00 ~i~ransport- local/intra stats 30.00 + Traveling junk dealer 30.00 Unclassified business 100.00 Upholstering 30.00 + Used merchandise sales / no pawn 30.00 + Valet parking 30.00 + Veterinarian 40.00 Veterinary clinic 50.00 + Warehouse / distribution center 30.00 + Water / sewer plant 500.00 Weight control center 30.00 + Wholesale / distributor 30.00 + Yacht / boat / marine broker 30.00 + (Ord. No. 95-109, § 78, 6-20-95) Secs. 8A-24~--8A-250. Reserved. for each additional employee from for each additional court from for each additional employee from for each additional employee from for each additional employee from for each additional employee from 3.00 for each additional employee from per truck 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 1.50 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 3.00 for each additional employee from 11 to 2 to 11 to I1 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to 11 to I1 to 11 to 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 99,999 Supp. No. 16 990.27 AN ORDINANCE AMENDING CHAPTER 12, LICENSES, OF THE CODE OF ORDINANCES OF TH~ CITY OF NORTH MIAMI BEACH, FLORIDA AND IN PARTICULAR SECTION 12-25, SCHEDULE; AMENDING SECTION 12-25.1 RAILROAD COMPANIES-IMPOSITION OF LICENSE TAX; PROVIDING FOR THE RECLASSI~CATION OF BUSINESSES, PROFESSIONS AND OCCUPATIONS AND ESTABLISHING NEW OCCUPATIONAL LICENSE TAX RATE STRUCTURE PURSUANT TO SECTION 205.0535, FLORIDA STATUTES, IMPLEMENTING THE RECOMMENDATIONS OF THE OCCUPATIONAL LICENSE TAX EQUITY STUDY COMIVHSSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWfI'H; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE. WHEREAS, Chapter 205, "Local Occupational License Taxes", of the Florida Statutes was amended in 1993; and WHEREAS, Section 205~0535 entitled "Reclassification and Rate Structure Revisions" of the Florida Statutes provides that by October 1, 1995, any municipality may, by ordinance, reclassify businesses, professions and occupations and may establish new rate structures subject to certain enumerated conditions; and WHEREAS, the City Council of the City of North Miami Beach established an Occupational License Equity Study Committee; and WHEREAS, the Occupational License Equity Study Committee consisted of representatives of the business community within the City of North Miami Beach; and WHEREAS, the reclassification and rate structure revisions suggested by the Occupational License Equity Study Committee have been transmitted to and considered by the City Council; and WHEREAS, the Mayor and City Council of the City of North Miami Beach have determined it to be in the best interests of the residents and citizens of the City to reclassify and revise rate structures for occupational licenses issued by the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Miami Beach, Florida. Section 1. The foregoing recitals are true and correct. Section 2. Section 12.25 of the Code of Ordinances of the City of North,Miami Beach is hereby amended as follows: ORDINANCE NO. 956 O) (2) (4) Sec. 12-25. Schedulc. The foUowing schedule of fees, and the cla.~ificafions of the various occupations, busin~ or pwfcssions as contained in such fca scbedulc, arc heretoy adopted as the amounts requim:l to procure occupational licenses in the city in accordance with the classification set out herein, to wit: A PRESENT NEW FEE FEE · ~o-r~ · ~ ~.~x,~,·,-~,. ABSTRACTING. LAND TITLE. ~UA~. S~Y CO~A~: Ag~ or ~ns ~gag~ ~ · e bus~ of m~g ~s~ of fl0e ~m pubic ~s ............. $ ~. ~ $ ~00.00 A~: fReouires a Certificate of Lieensure from the Deoartment of Health and Rehabilitative Servicesl ....................... ADLULT CONGREGATE LIVING FACILITY: fReouires a Certificate of Licensure from the Deuartment of Health and Rehabilitative Services~ ........................................................................... ADVERTISING: (a) Advertising or trade inducement company or individual: The lerm 'advertising or trade inducement company or individual" shall be construed to apply to each pel~on engaged in conducting an adv¢~sing or trade company or offering for ~c any goods, wares, or merchandise by advertising or in any other manner whereby prizes or other special inducements or scbemes arc offered to induce Iradc. Each advertising or trade inducement company or individual or others as provided ....................................................... (b) In streels: Each pei'~on advcrfsing on the si~As with banncrs, floats or c~rtouns, or by any other means: Where no vchicie used ...................................................... Vehicle used, each vehicle ................................................. Contracting advertising in slxee__t_,~_,'s, buses ............................. Distributing circulars, pampldc~, or other advertising manet 0~ or n:..:.-:~:.*?:=) ......................................................... (See Chenter 12. Commereis] Handbill Distn'butors~ ~ ed periodically :--'**":-- :-~' --~ ....... (c) Publications: ssu ........ b .~w r .....- ........ ipcludint but not limited to: newMm~ers, magaziner, other (d) Ou~our advertising: The term 'outdoor advertising' shah be construed to mean and to apply to advertising of any character on any place or su'ucmre, or thc space thereon illuminated or otherwise, upon which is posu~d or applied in any manner advertising of any character, where the place or sm~cture or the space thereon is rented to the user of ~ advertising placed thereon but not sold ou~ght. For the purpose of asse~slng a license tax, each such place or structure shall be termed a 'display." Where located on private property, each person engaged in the business of omdour advertising alone or in connection with any other bu~in¢~, d~ail be r~uired to purcha_~ a license tax to be attached to each sopm'ata advertisement on each separate display (except displays advertising a business 15C ~ 9.35 18.75 63 100.00 100.00 150.00 10.00 25.00 100.00 60.00 -3.- (¢) located on the same premises in a conspicuous place, and in addition thereto shall be required to have the firm name displayed in a conspicuous place thereon. For each such license ................................................... $ tg?. %C Schemes and devices not herein provided for ......................... L 5 3.3 ~ (4-) ............ AIRPLANES. Dealers or manufacturers, alone or in (5) connection with any ~ business ................................................ (6) (7) (8) (9) (11) ALCOHOLIC BEVERAGE BUSINESS ESTABLISHMENT: (State License Reeuired. I ................................................................... (a) Small, or Dog Exhibition .................................................. 57.53 (b) Parade ......................................................................... 67.50 (c) Hospital/Veterinary Establish metu ............................................ (d) Ke:'mel ......................................................................... APARTMENTS: Rented monthly or yearly, each unit ....................... ASTROLOGISTS, CLAIRVOYANTS, HYPNOTISTS, FORTUNETELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS, and others of similar nature, whether or not in connection with another business, each cha~ging fees. (e_,g. ccia~ Fcrmit City Council ^Duroval required.) .......................... 200.00 150.00 120.00 100.00 100.00 150.00 150.00 75.00 60.00 100.00 3.50 7500.03 -2- (12) ~ AUTOMOBJLF. S OR MOTOR VEJ'IICLES. TRUCKS. FARfVl TRACTORS AND FARM IMPLE~. MOTOR ~COOTF. RS. MOTORCYCLES. ~-'TC. fSemm~ale license n~_uire~l for _r~)air shod and sale of Dart, s and accessories3 Stat~ license req_uir~ from _Dep~lment of A~riculture & Consumer Se'z~c~. Div. of Consumer Services or a~)i)licable state r~ulaton,_ a~encv. (a) ......... :.g ' ;~c~' - ............. Dealers in new motor vehicles: Cars. t~ucks, motorcycles, farm tractors and implements, etc.. each location .............................. $ 350.00 (b) l~a,",=~-/ ..........."~ "' ............."---:"-'-- "-"--' pi~'ldnn: Vehicle and/or aircraft, storage, eara£es or ~arkinn lota. includes display room or lot or storage yard Cl'owin_~,Vrecker Companies~ .................................................................. ).00.00 () Car wash. detailing, wax. oolish, grease, etc.: by hand. automatic machine or oower tools {'Additional license is reouired for sale of ~asoline~ ...................................................................... 100.00 (d) - -' .... R _c?air and/or service gao{) in connection with business, same aa _lTgair shoT) ................................................................... 7~,. 0O 100.00 (e) G=~, .................. ~ ....................................................................... 75.00 Sale of vehicJ¢ ~rts and ac~ssories, new. rehui]t and/or us~:l. S~)_arate license is reouifed. ($e~R~taJl/~/holesale Hcrehant,) (0 .... ~"' ~utomobil¢ {)alnt and/or hodv shot) or ~r~,i~ .......................... 5 g. gg 1 O0. O0 -3- (13) Automobile: Mechanical re.airs {'~ara~e~ ................................ $ 100. 0 0 Service station ............................................................... 200.00 0) TLc rc~:.--'~:., , ~ ............................................................. 350.00 Auto renting service: Vehicle rental ooerations, which shall include ~h¢ furnishing, hirigg or orovidine of automobiles, trucks. _iceps_. 'haul away' tra~ler and/or house services, and all ~ of drive or usc yourself "U Drive It' motor vehicles at fixed rental or se~ice ~:harges either for short or lone term use or sen'vice. Each vehicle... 50.00 "I.T-Dl'ive It" vehicles must meet the followin£ reauirements orior to thc issuance of an occupational license: File w~th the Ci_ty Clerk a ~ficate of insurance, aa evidence of an insurance oolicv in th~ minimum amount of $100.000.00 for any one ~erson iniured by reason of the negligent o~eration of such 'U Drive It' vehicle and $300.000.00 for more than one oerson so iniured in any one accident, and $50.000.00 for all pro~ert~ damage in any one accident. s~tion ......................................................................... 15.00 B Retail from established olace of business ................................ Manufacturer/Distributor of Bakery Products ............................ o~.mdn~, Jcl' :r~ ........ " ...... '~ '":'"': ........ ':-: .... ""-":~'- 9~. gO 100.00 200.00 · n,,,_., BANKRUPTCY. CLOSING-OUT SALF~ (See Ch. 3 for regulations.) (it,) (15) SAPJLO~GE ................................................................... (16) BARBER: Each (State License Required) .................................... (17) BARBERSHOP:j_ · . . ................................... (18) Dealers. sales and rental (SeeRetail/~holesale ~rchant) Bicycle ~mpaits only (Does not hold a ml~l/wholesale merchant license - cedorms only reoairs) ........................................... (19) BLUEPRINTING: Photostating, mapand plat makers ....................... $ 75 .t29 15.00 75.00 5.~9 15.00 15.~ $ 100.00 30.00 60.00 60.00 100.00 -5- (20) (21> (22) ~,~1~. BOATS: (a) Boat and marine ways and dry docks: NOt ~sed as boat and shipy~'d, with capacity for hauling boats ............................... $ :0.05 $ 100.00 (b) Boat and ship sloragc basins and sheds: Alone or in connection with any other business, with storage space ............................ 75. ~$ 100.00 (¢) Boat and shipyards: Pcrmit~ng I~e operation of marine ways and drydocks, any capacity, designing and building hoals, machine and repair shops, and stock of marine hardwai-e and supplies and ship chandlery; for use in connection with work doee by the boat and shipyard hereby licensed but not for sale without merchant's license. Does not permit the operation of storage basins and sheds, for wMch separate license is provided and required ............................... ·.~,. ..... ,~, 150.00 (d) Chal~r fishing boats ....................................................... (;$ .~ 100.00 (¢) De-signers and builders: not licensed as a boat and sltipyard ........ ~.00' 100.00 (0 Dredge boats: Dredging, dipper or suction, owners, operators or managers of dredge boats used wholly or in pan as a dredge boat, h dredge boat .... 100 00 (g) Excursion, sighlsceing and deep sea fishing boats .................... ,,,, .,,,,'^ ^A 100.00 (h) Ferry and sightseeing boats ............................................... ~.,,,,'^ ^A 100.00 (i) Pile driving: Owners, operators or managers ofhoats used wholly or in pan as pile drivers, for public hire or conu-act, each boat... 93.75 I00.00 (j) Service, gasoline or oil, or other fuel or sut~ly set'vice boats: Owners, operators or managers of beats used wholly or in pan as gasoline or oil or other fuel or supply service boats, each boat .... .v'~n. ,.v,, 80.00 BONDSMAN, BAli. (See Section 12-34 et s~1. fo~' regulations.) ..... 90.00 100.00 7;.00 BOOIO<~f:PING/ACCOUNTING SERVICE: Inchiding income tsx ...... 60.~ 100.00 (42) (23) (24) (4*'.q (25) BOi-IL1NG WORKS: Manufacturing. dism'bution of ~oods manufactured and bottling caffoonated or other soft drin~ · ' ..... :- I'Se'mrate license ~uin~ for retnil/whol¢~e mereham~ .................... 1 ..... 65. O0 BROKERS: (a)~..~.,"-~'~ ..... o.~,'-- S{ocks. bond~, mortgages futures, ootions and o~her securities ~ .... Co) Dealing in insurance ........................................................ CC.CC (c) [~.~.dlr, g i~ rccl cs~tc Yacht and ship and/or ~es~r~ns ............ ~ C. S 3 150.00 40.00 150.00 100.00 -5- (26) (27) (28) Id). Olhers not soecificallv desienated in this code ................ $ 99.C~ $ 100.00 BUSINF~S OFFICE: Persons uflizin~e or remin~ office or desk soace for a business at a physical location only not otherwise lic~msed pursuant to another section of this chaoter. This subsection is anolieablo l~ primary_ or secondary office locations not classified and lie~msed pursuant to another section of the chaoter. Aoolicafion of this licen~ classification shall not be construed as to preclude the need for other licenses which may be reduired under other sections of this chapter .... BUTCHERS/BUTCHER SHOPS .............................................. C CABARETS AND NIGHTCLUBS See Subsection (1021 ................... ,~o., '*CARNIVALS, CIRCUSES, VAUDEVn.I.A, MINSTRgl.q, and other (29) shows under canvas for each week or fractional ~ thereof (City Council Approval Requked) .................................................... (30) (3l) (32) CARPETS AND RUG CLEANERS: Each estabtishmcot .................. 75.00 23.50 100.00 75.00 1000.00 1000.00 100.00 100.00 100.00 -7- (64-) CLOTHING: (33) (a) Alterations (Minor renairs only) ......................................... 1Z.99 $ 45.00 (b)~° .... ,.~,~_'"'-~'~ ~.~-o L': Tailor. dressmaking, senmstress ............... ~.~ ~^ 100. O0 (~ COLD -'- - '~'"' COLD STORAGE ,'~'-rD P. EFP, ICEP~:T!O~! ~: Renting ( 3/~ ) cold storage space to the public. Alone or in conneetioo with any other business ............................................................................ (35) (36) (37) (38) (39) (40) COMb~ERCIAL GARBAGE COLLECTION fSee Ch. 10~ ................ 1233. ~,C, CO~RCIALTRASHCOLLECTIONfSeeCh. 101 ..................... ..~.ww''" "" COMMUNITY BASED RESIDENTIAL FACILFFLlaS: Covers drug rehabilitation, convalescent homes, elderly end halfvrav houses, etc. (State License renuired from the D _epartment of Health and Rehabilitative Services) ........................................................................... CONSTRUCTION COMPANIES: (See Ch. 6 for regulations.) (a) General building contractors: General building excluding electxical and plumbing ...................................................................... (b) General sub-building contractors: General sub-building contractor, not over two stories ........................................................ 1.5 ~. 75 (c) Sub-building contxactors: Same as general cxeetat restricted to building of 1500 square feet or less ........................................... (d) Engineering contractor: Includes bridge, bulklu-~ing, drainage and sewer excavating and sewer construction dredging, irrigation systems, pile dredging, seawalls, sidewalks and street grading and paving, sidewalks or similar work ............................................. (e) Swimming pools contractor ..................................................... CONSTRUCTION DEBRIS HAULERS ONLY CFem~orarv ver site in the o~en air). See Ch. 10 .................................................... 750.00 CONTRACTORS: (See Ch. 6 for regulations.) (a) Air conditioning and refrigeration, healing, insulating and bottled (b) Awning contractor: Permits installation, maintenance and removal 100.00 1250.00 450.00 100.00 225.00 168.75 150.00 168.75 90.00 325.00 120.00 -8- of awnings, jalousies, storm shutters, ot any material ............... $ 9~. ~ $ 90.00 (c) Cazpentr/and millwork ................................................... lZ2.2~ 150.00 (d) Electrical contractors ....................................................... ~.,~ .,~,~' .... 150.00 (e) Electrical sign conffactor: Including painting of signs erected ..... 12~. ~.9, 120.00 (0 Elevator contractor ......................................................... 9~.~0 90.00 (g) Floor laying and sanding contractor: Includes wood, rubber, composition, terrazzo, linoleum and any other type of flooring .... LSd. ~g 150.00 th) Mason and plastering contractor: Includes brick, stone, cement blocks, file, terrazzo, concrete, gypsum block, lime plastering, lathlng, east stone ............................................................ !5~.9¢ 150.00 (i) Moving and wrecldng conffactor: Houses ............................. 75. $~, 75.00 0) Moving houses through the city, each house .......................... ~. ~ 30.00 0c) Ornamental iron, bronze, steel, and other metals; fencing, aluminum .................................................................... ~ 75.00 0) Plumbing contractor ....................................................... .~,,.,~,' .... 150.00 (m) Painting conLractor. Includes exterior and interior painting, waterproofing dampproofing paperhanging ..... 120 00 th) Plate glass and glazier cout~actor ....................................... 75.2~ 75.00 (o) Roofing and sheet metal contractor ..................................... :.55. ~,~ 150.00 (p) Sign painting contxantor: Includes erection of non-elect~ieal signs ......................................................................... ^^,,~. ,~,,*~ 90 .00 (q) Sola~ water heating contractor ........................................... 75.00 75.00 (r) Septic tank enntractor ..................................................... '.2~. ~ 120.00 (s) Sprinkler system: Any and all kinds, including those for buildings, lawns, etc ................................................................... 75.00 75.00 (t) $t~uctu~l and reinforcing iron and steel contxactor .................. ~ ~,. ~ g 60.00 (u) Venetian blind contractor ................................................. 5¢. ¢e 60.00 (v) Tile and ter~z~,n, marble and granite contractor ..................... IS0. ~ 150.00 (w) Acoustical file contractor ................................................. ~,~.~"" 75 .00 (x) Well drilling contractor ................................................... 9~. ~,,~ 90.00 (y) Other contractors not specifically., classified ......................... ;C,. C,~, 90.00 (41) CONVENIENCE STORES. GROCERIES (See Retail/Wholesale MeruhanO ~!.!) COSMETOLOGY SALONS fState License Required) ...................... :~. ~. 60.00 (42) '"" '~' COSIVI~'TOLOGISTS: Each¢StateLicenseRe~uiredl ....................... "~' '"^ 30.00 (43) Soecialist: Facial ................................................................ 3C.C~, 30.00 Soecialist: Full .................................................................. ~* ~" 30.00 Soecinlist: Manicure/Pedicure/Nail Ext ..................................... .~.,~v~ ~ ^^ 30.00 xc~) CYCLEOROME: Owners or operators (6,4) retail/wholesale merehanO ...................................................... '""~ CYCLORAMA: Owners or operators fSemuate license needed for (~5) ' w ...................................................... D 150.00 150.00 ~ DANCE HALLS: Public for profit .......................................... (46) (47) (48) (49) (50) (51) DELICAT~SEN ................................................................ DELIVERY.~ SERVIC'F~: "7 ~::~ c.r ........ j ~.~, ~h v~cle or bicycle whe~er or not v~icle is o~ by o~er of business or employ~ him~lf~e~lf ~ addifi~ ~ ~v~ demfi~ z~(sl a mm li~n~ for ~e busin~ offi~ i~ ~ui~ for ~is cl~sifi~fionl ........................................................... DENTAL TECHNICIAN/HYGIENIST ..................................... DET~. ~.~.'~P. ,~ ACENC¥ ....................................................... Du::: ::.'-';$ ..................................................................... DIRF_CTORIF~: Alone or in connection with any othe* business, each person compiling, making or offering directories .......................... -- :-- DRAMATIC OR THEATRICAL TROUPES OR COMPANIE& Each performanco, where performance is not given in local licensed theater... (52) DRUGSTORE: (See Retail/Wholesale Merchant) $ 7~ 75.00 75.00 ~ 35 ~0.0O 375.~9 1.85 .~3.7~ 150.00 75.00 10.00 30.00 100.00 200.00 -10- (53) (54) (55) (56) E ELE~-IRICLIGHTANDPOWERCOMPANITzS ........................... $ iSC.G& $ 150.00 ENGRAVERS AND LITHOGRAPHERS ESCORT SERVICF~: See Article VII of this Chapter 12. mo, EXTERMINATORS, PEST CONTROL AND LAWN SPRAYERS: (57) Ic;:;d~o.,~,,.~' :;---.~: cc, rAm~ol fS~ Licen~ renuired_ ~om Deuanment of Business and Prof~sional Regulation) ..................... (58) (59) (60) 150.00 100.00 F FACTORIES: (a) Each person engaged in the business of manufacturing any goods, wares or merchandise, including hand ad power laondrin~, laboratories (except dental), packing houses, printing and publi.~xing houaea, and towel supply companies shall be required to cover such manufacturing by taking out a factory license as follows: Permitted to manufacture and sell the products rnanufactu~ a~ wholesale only, when operated entirely by hand worken, employing, including owners and operators: Not exceeding two persons ................................................ Mom than two, no[ more than five ...................................... Mom than five .............................................................. (b) When one or more power machines a~e used, no{ to include power tool sharpeners, employing, owners and operators, inclusive: Not over five persons ...................................................... Over five, but less than eleven ........................................... More than ten ............................................................... .... 100 00 50 00 60.00 70 O0 Smnl] loan companies, money lenders, salary uurchase~, loans, investment bankers, etc. Discount consumer financing. finance onm~anies, includin~ eaoital loons and the retail and wholesale finaneln~ of the sale or lease of motor vehicles, boa~. trailers, mobile homes, etc. S _eparate license reauired for each enm~any and each location ................................................ Bank and Trust Companies excont those exempt by Feder41 of Sta~ law. savinE$ and loan associations, buildinn and loan associations. etc. Morteage loan business not included .............................. Automated teller machines. (exeaot those located on the site of, used in onnionetion with. a financial institution] as defined in 658.65. Florida Statutes. or any successor statute thereto. Each service terminal ............................................................. Others not soecifieallv desi£nated herein ............................... .... 80 O0 04.35 90.00 93.?$ 100.00 FLORIST .......................................................................... 75.0 0 350.00 350.00 t00.00 350.00 100.00 -1!- (61) 37 .£0 FUNERAL HOME DIRECTOR (State License Requin~ .................... 1~ 7.5 0 O ,,nm GAS COlvIPAN1ES: (62) (a) Dis~ibuting and selling gas through pipelines ........................ 335. C0 (b) Selling boulcd gas .............................................................. (63) K~lu~,) ~Miniature ~olfcourse ..................................................... "'"x GROCERY: (Sec FOCD DEALER, :'a?A.,,.c'A;n ~.~. Retml/Wholesale (64) McrchantA 167.50 250.00 100.00 500.00 225.00 225.00 -13- H x'","~'n' HALLS, FOR PUBLIC HZR.~: Includes social halls ~ (65) establishments.. · ........... ".~, .... ..,v 1000.00 ,-"~'n-v--," ItEALTH STUDIO (State License reoui~l from the I~:~tment of (66) Anriculmre and Consumer Services~ ............................... 33.00 100.00 (67) ItOMEOCCUPATIOlq(SI: SeeSecfion 12-21 .............................. 99.2C 100.00 ""~' HOSPITALS FOR ANIMALS: See ANIMALS, Subsection (8). (68) ,...,"~" HOSPFr~J~S, SAN1TAP~-LTI~S AND S[]V[ILA~ ]NSIIIIJ'[]ON$; ( 69 ) P~ivatcly owned and operated for profit ..................................... 315 00 (70) ICE: MANUFACTURING. DISTRIBUTION OR STORAGF ............... ·w ^ . ~0" 180.00 -13- ICE CREAM (72) (73) (74) INSURANCE ADJUSTERS ................................................... HqS~CE AGENCY: Thc following f~e.s are requin:d to be paid by each person operating an ~s~ agency in the city. A sqxu-ale license shall be required for each separate localion and for each person connected with said agency engaged in soliciting or taking appUcations for, negotiating, effecfing or collecting premiums on (a) casualty and liability insurance, (b) tim insurance, (c) industrial and fuceral bonefit insurance, and (d) life insurance, whether the insurance companies represented by said agency are regularly licensed by the State of Florida or not; and provided that ench insunmce company icp~csenied by said agency shall first have taken out a licensc as provided he.in, permitting its operation with any duly licolscd insurance agency in the city, and provided that there thall bo kept on display in a conspicuous place al the agency hei~by licenscd, a licensc pormithng the operation of each insunmce company represented through the agency hereby licensed. Pe~nitfing the operation of but one person ...................................... *INSURANCE COMPANIES: Classified, defined and fees: (a) Casualty and liability insurance companies, inchding bonding companies, writing: Accident and health insurance only, on annual, semiannual or quarmrly premium-paying basis, and Bonds, including fidelity, court, contract and sorety bonds and financial guarantees and fide insurance or guarantees, Burglary insunmce, including residence, bank stcck~, bonds and securities, safe-burglary and holdup and ronssenget robbery, Liability insurance, including employers' public and other forms of liability insurance and automobile liability for pe~onal injury, property damage and collision, Plate glass insurance, Workman's collective insurance issued to employen of ~ Each company ............................................................... Co) Fire insurance companies: Writing policies of inmnnce agains~ b~rds of fire, temado and win&lorm~, u.m and occupancy, profits, rents, leasehold, insurrection, riot and civil cemmo6on, sprinkler {,'~k~ge, nfn, fire, theft, automobile, culli$ion, marine cargo and hulls, and rail, mail and express shipments, against fire, collision, s~anding or sinking: Each company ............................................................... (c) Industrial insurance companies: Including funentl benefit a~sociations or companies, wri'ing life or accideni and health insurance and funeral benefi~ on a weekly, bimonthly or monthly premium-paying basis: Each company ............................................................... $ 100.00 100.00 100.00 100.00 100.00 100.00 (75) (d) Life insurance companies: Writing life insurance with or without disability clauses or accident and health features as a pan of the policy contract upon an annual, semi-annual or quarter-annual premium-paying basis: Each company ................................................................ $ INSURANCE -':T~'.;~-~L.q~TG AGENT: Or solicitor, soliciting insurance of any kind, for mutual, reciprocal or other *~neiations, companies or exchanges. Not permitled to operate under resident agent's license nor to solicit business for a company not licensed to operate in the city: Each agent ........................................................................ (76) (77) INTRODUCTORY SERVICE: Not to include Escor~ Service. Loq¢ly Hearts Club or Marriage Bureau or other business of like nature ........ JANITORIAL SERVICE: lncludint cont~act or individual cleanin_e agreements, window cleaning, house and office clesninn commercial or (78) JEWELRY: (See Retall/Wholesale Merchant. I 10.75 t,oo, JOB PRINTING: (79) (~ By hand ....................................................................... 75.:: ~) Bypowcr ...................................................................... ^^.v.~v^^ II. INK DEALERS: (a) Collectors: Not licensed as junk shops or dealers, each collector... (b) Shops or dealem: In old rope, iron, copper, brass or other metal or wastepaper, bags or other articles of any kind useless for their original purposes: Dealers in junk shall hold their stock of this cia.ss of articles and goods subject to ~e inspection of thc proper officials of the city and shah keep a record of all purchases, showing the dam purchased, name and address of thc party from whom purchased, description of the article and price paid, each dealer ......................................................................... K KEROSENE DEALERS: Including while gasoline and other liquid fuels when sold only for lamp, stove and heater fuel, and other miscellaneous uses. Nol as a motor fuel. (a) Wholesale dealer ............................................................ (b) DisUibutor, each vehicle .................................................. (80) (81) (44~ LANDSCAPING SERVICE/LAWN MAINTENANCE: Includes (82) dcsienine, installation, olantin_~ and care of trees and £rounds ........... 225 v~ $ 100.00 30.00 100.00 100.00 80.00 100.00 100.00 250.00 225.00 28.10 -15- (83) (a) Laundry and Dry Clenning Agency ' ' ' towel supply and service (Retail/Wholesale oo oremise~ laundry/dry f, ain ._ cot .............................................................. s n=e.oe $ 00.00 (b) Laundry/Dry ~ Clc~ing~ on ~=r...:'=c:., A~ency or Branch Office where laundry or dry cleaninn is left or work solicited, each location or pick up stadon [retail offpremises laundry/dry cleaninn work1 c=!y .................... 7-~. 0-~ 80.00 Laundry - Self or Coin O~erated (See MA~: AIYI'OMATIC VEND~G~ ..................................................................... 225.00 Other. not soecifiod heroin ................................................. 100. 0 0 (84) (85) LECTURERS ..... 225 O0 LINEN SUPPLY SERVICE: Business in city: See LAUNDRIES, Sub~ocfioc .',~x ~ (86) (87) (88) LOCKSMrrH/KEYSMI'I H ....................................................... ~n...no 80.00 LODGING: fa~ Boardinn house: Permi~nn the serving of meals with rooms. lncludinn all rooms exceot five rooms permitted for Iix, inn ouarters avd bathrooms and closets, with rooms: Not over ten rooms ........................................................ Each additional over ten rooms .......................................... fb~ Hotels. motels, motor courts. Iodalnn house, rooming houses. tourist courts, cabins, cotta_nes or similar establishments held out for 9-rent: Providing accommodations of livinn for a nmfit, not to include glinin~ service without a restaurant license, or merchant First Unit ...................................................................... LUMBER I~..RCHANTS or DEALERS: Operating a lumberyard, permitted Io handle lumber, lath and shingles alone or in connection with any other business. Does not include stock of painls, oils, doors, etc., where general merchant's license required. Avenge stock as follows: (a) Stock not exceeding 200,000 ft. BM .................................... (b) Stock not exceeding 500,000 ft. BM .................................... (c) Stock over 500,000 ft. BM ................................................ t,c~x LUNCHEONP-.t'It:S, LUNCH STANDS: See RESTAURANTS, (89) Subsection 03.75 M 50.00 4.00 50.00 5.50 60.00 80.00 100.00 (92) (90) MACHINES: AUTOMATIC VENDING (ANY I~CHINE OPERATED OR SET IN MOTION OR MADE OR PERMII-II:D TO FUNCTION BY COIN. TOIO~. CREDIT OR PLASTIC CARD. PAPER CURRENCY OR ANY OT~ER MANNER NOT SPECIFICALLY DESIGNATED HEREIN: FOR AMUSEMENT. VENDING OF PRODUCT FFRADE'I OR SERVICE~, ~l~is cate£ory_ is to be used when the licens~ tax is t~ be based solely each individual machine and the license is to be iss~d as intended to b~ for each individual mactline.~ fa~ ~ Permanent Ioc~tion in a buildinlr or a oortoq of a building. Any ~erson possessin~ twenty or mom coin-oee~t,,d automatic famea or devices for use in this business shall be held to be o~eratint an amusement perior and shaH. in addition to the licenso tax set forth herein my a license tax of $25.00 ~er coin- o~erated automatic ~,ame or device located at a single location ....................................................................... (]Z). Amusement Machines: ~ ...................... lc) yending Machines: hi · B Merchandise - Vendiu~ Machines Veadina less than $0.25. each machine ................................ 2) Merchandiso - Vending Machines Vending over $0.25. each ma~;hine ..................................... rd) Service Machines or Devices: Includes telet)hoe, e. lockers, cooiers. hem"t and/or blood pressure, bayonne cam. bowling ball washers. Inundrv washers/dryers, weighing scalea, e~c.: each ................. ~e~ Vending Comeaav: This category is to be used when the license is to be based on the vending company's bu~ineas location rather ~an nn each individual machine and ~e license is to be issued as intended to be for the vendin~ comt~env location and not for the (BUSINESS PROPRIETORS/OWNERS OF RECORD: Proorietors of nlaces of business and/or owners of record of ~6 premises in or on which the above-lis,ed machines are placed sh~ll be jointly and soverallv resnonsible for the ve~lin~ machine liceaso if not otherwise enid] (58) '~"" MANUFACTURING: (See also FACTOR~-q~ Subsection (91) Includes mining, quarrying, processing, rcfining, assembling of the combination of different materials into finished products. Does not include manufacture of alcoholic beverages .................................. (19) ~ AND PLAT MAKERS: See BLUEPRII',fTING, Subsection.(.-34~. (93) (9~) MASSAGE ESTA~LISI-IMENT (State Licenso renuimd fi'om the _De~h"tment of Professional Renulafion for both Establishment ~ ~ach (Stme License reauired fi~m the Dena~tment of Professional Renuladon for both Establishment and each Mmsage Theraoistl .......................................................................... $ 315.00 ~0.00 10.00 18.00 12.00 100.00 150.00 100.00 100.00 (95) MF~CHANTfSL CL%""..."_'kL RETAIL/WHOLESALE. NOT determined bv Lhc avcr~c value of st~ck~ of {oods c~'io:l in trade {tnd merchandise (See 12-4. 12-5~ am follows: Not exceeding $1,000 ........................................................ ~..., Over $1 000 and not over $5 000 Over $5,000 and not over $10,000 ........................................ Over $10,000 and not over $20,000 ...................................... Over $20 000 and not o er $50 000 ..... Over $50 000 and not over $100 000 Over $100,000, for each additional $1,000 stock ...................... 1.. 05 (b) ' '-"" .... ~:";" ...... " Wholesale ....................... - ~'?.~!'. ~AME AS RETAIL 160fal ABOVE. "~ MOTION PICTURE THEATERS: Indoor and outdoor ................... (96) ($ _eparate License reouired for any addition~J t~ue of business such as snack bar. c~ncession onerafion, etc.1 (97) MOTION PICTURE OR TELEVISION PRODUCTION COMPANY "~:'"~ MOTORCYCLES: See AUTOM~ILE. Sub~:tion (98) (99) MOVING/'I31ANSFER COMPANY (State Mceu~ required from Deut. of Aericulture and Consumer Services'~: fa~ General haul(hr fteieht iran _sportation. packers, movers ............ fbi Each vehicle over two ..................................................... ,,~o~ MULTIGRAPHING AND MIMEOGRAPItING. ~ JOB PKINTING, (100) Subsection (101) MUSEUMS Hah cf ' ' $ 60.00 70.00 90.00 120.00 200.00 400.00 2.00 400.00 100.00 100.00 25.00 N (104) 65.60 PEDDLERS: (a) ~ngaged in the occupation of selling producCs such as fruiL% c~s, vegetables, farm preducts, ice cream, prepared food and drinks from wagon, push can or other vehicle. Each vehicle ................ (b) Engaged in the occupation of s~lling products for immediate delivery, for out-of-town houses or enterprises not maintaining a place of business in city, such as vendors of dry goods, clothing, groceries, shoes, or any other goods, wares or merchandise, unless $1000.00 30.00 100.00 100.00 -!9- (105) $1000.00 (106) (107) a. Dramatic. thes~cal troupes or compnni,'",~ F~ch uerformance. where performance is ~iven in local licensed theatre fCitv Cour~l b. Other. not suecified herein. PET SHOP/SALES (Se~ Retail/Wholesale Merchant),.-i~ls~R~=pe~ ~....: .... , ............ k--- ,,. .... "'"" -':"~'~'~ ~ =r~- ~. '.-~.~ ~ .... :" ~'"':... ..... "-"~"- c.- -~,'-"~. ~ :- - ,-.-:,4:- .. PHOTO STUDIO, PHOTOGRAPHER OR PHOTOFINISHER (PROCESSING PLANT. DUPLICATING. FINISHING. · I~,~[]~t.-~ Each maintainin~ a place of buslness in Ci_ty fA seuarate Merchant license is re0uimd for sale of eouiumeat and supulies, includin~ microfilm.) ................................................ G.85 ' '"'~'" .......................................................... 3Z$. GG (108) (109) PIANO QR ORGAN TUNERS fOther than with liconsed business) POOL MAINTENANCE: Alone or in connection with any other business ............................................................................ 100.00 45.00 100.00 -20- (11o> ~ e..lob Printin~ - mzchine ..................................................... d. Offset Printin~ .............................................................. ( 111 ) PRIVATE INVESTIGATIVE AGENCY (State License reduired from the Florida Devartment of State] .............................................. (112) PRIVATE PROTECTIVE AGENCY fState License r~_uinM from the fSee also: Article IV. Section 12-51 through 12-67~ ( 113 ) PRODUCF,/M~NT fSee Rets/I/Wholesale Merchant} (114) PROFESSIONAL: 'professional' shall mean any ~ersen eneaeed in any busine~. ~.eu~afion or orofession but nst limited to the same and any persen required to maintain an active and valid State of Florida Dcearlment of Business and Professional Reeulafion. regulatory license, vermit, or certificate. (Does not include or aoolv to the profe.~,sional firm. office. eo_rporation. P.A.'s. Partnerships and all other _separate I _e~al entities. A semmto occumfional license is required for each semrate ~ enfit~ and each individual orofessional.} The following pracfifioner~ are classed ~ professional, and Each pea'~:m engaged in the praclice of any such pwfe,~ion listed below/s :"~ . -' :- .' Rei~ulated by the State and is required to show proof of a current State License or Certificate orior to beine issued an Occmxatiomal License. Unless such orofeasionals as listed are otherwise ~rovided for in this Code or are otherwise exemoted bv State Statute from Occ~atiooal License Taxes. each individual shall be required to obtain an individual EACH PROFESSIONAL (INDIVIDUAL}: (al " ............. '~ '"'~: ....... ( a ) Acununcturist ................................................................ (o) Anesthesinlo~ist ............................................................. (d) (e.) Architect.~a ....... ~, ........ fmcludm~landscaoel ................ (e) (d-) Artists: Including retouching, sketching, cartooning, crayoning, ferrotyping, :a,",c,c,L'~g or other similar lines x-..jAttorneys ......................................................................... (g) Audioloeist ................................................................... (i) (~) Chiropodists .................................................................... (J) ('0 Chiropr~tors ................................................................. (k) (g') Civil, Consulting or Drafting Engineers ................................. ~atcalimii_W_~fl~t ...................................................... (a) ~ ........................................................... (n) ~nfist ~neludine orthedontie sur~ons} ................................ ( o ) D/etitian ...................................................................... ( p ) Dietetics ...................................................................... (q) {j-) Drugless Physic/an .......................................................... ( r ) Ele~trolo~ist .................................................................. ) ~ Embal Al ~-: ........ : ..... :'" ...... ~- ""': <=) .......................................................... (u) Engineer/Professional. Civil. Electrical~ .............................. ( )I! ' ......: ...... :': ..... ~' ....... ~ ...... m ~Icrs: ,,..~ ...... ~, .................................................. $ 100.00 80.00 100.00 100.00 150.00 150.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 -2! - (v) (~) (x) (y) (z) (aa) (bb) (cc) (dd) (ee)(-~) (hh) (kk) (mm) (oo) (PP) (qq) (rr) (ss) (ti) (uu) (w) (xx)(+) (yy)(-s) (u) (zz) ~ ..................................................... $ 100.00 ltltlllr,__ti~lt 11_.~ .......................................................... lO0.00 ~ .................................................... ioo.0o Hypnotherapist .............................................................. l 00.00 Intefiqr [~.si~ner ............................................ 100.00 Lab Technician (Ucn~/lvl'edic~l) ........................................ 100.00 ~ ............................................. lO0.O0 · ' ' · .............................................. 100.00 Mental Health Counselor .................................................. 100.00 Music Teachers ............................................................. $ GG.$$ 100.00 Naprapaths ...................................................................90.0'2 100.00 Naturopaths ................................................................. 90.0~ 100.00 Nutritionist .................................................................. 100.00 ~ .................................................... 100.00 ~ghll~lm.o]gg~ ............................................................ lOO .00 ~ ......................................................... 100.00 Opticians ..... 100 O0 Optometrist .................................................................. 100. 00 Osteopaths ...................................................................99.99 100.00 Pathologist ................................................................... i 00.00 ~ .......................................................... 100.00 Physicians. Sur£eons. Medical Doctors (Doctor of Medieinel ..... 100. O0 Podiatrist .................................................................... 100. O0 pOty~rat)h Ooerator ........................................................ 100. O0 ~ .............................................................. 100.00 Psycholo£ist ................................................................. 100.00 Ps¥chotheraoi~t ............................................................. 100.00 Re~iratoF ThcraDisti ..................................................... 100.00 Surveyors ....................................................................IS~.CC 100.00 Veterinarians, or Veterinary Surgeons .................................. 9~. CC 100.00 Othert's~ not listed herein .................................................. 100. O0 (115) (116) PUBLIC .AlV[-tJS~: Place not otherwise prodded for ............. (65) PLFBLIC HALS: For hi~, ~ HALLS FOR I-nRl3, Sub~c~-q~on (119). Q R ,,,t,..,, RACEqG: Dogs, hor~, etc., per day ...................................... (117) ;8.33 93.75 1250.00 100.00 -22- :i (118) (119) (120) (121) (122) R~JLROAD TRAINS, See [12-23.1 .......................................... $ 2Z2.22 $ 500.00 1~ ESTATE AC21,.'~, BROKER fl]LEO: ~, Appear - Ce~fi~ ............................................................ ~e Ci~ Clerk sh~l not issue a li~n~ units bmk~ ~ ~n or ~ ~mishes ~den~ of ha~n~ ~s~ ~ ~ e~nafi~ fi.e. Sram Li~n~]: A ~te li~n~ ~ui~ f~ ~ bu~ REAL F, STATE SALESMAN: Each ............................................. 3-3.00 REPAIR AND SERVICE SHOPS. NOT OTHERWISE CLASSu-mJ) {A separate license is reauired for Retail/Wholesale Merchant] ............. RESTAURANTS: Includes soda fountains, cafe~, lunch counters, cafeterias, dining rooms, tearooms, and all other establishments where food is sold for consumption on the premi~ea; permitting sale of cigara, wbacoo and packaged candy widiout additional lilac (a) Minimum fee covering fi~t fifty snat~ .................................. (b) Over fifty snats, caeh additional seat ..................................... (e~ Take out only (No seafin~] ................................................ (d] Talin out. with seafin~ ..................................................... Each seat ...................................................................... 100.00 100.00 100.00 100.00 '~'~' RINI~: Bicycle, roller, ic~ skating, ownera or operators or ~milar (124) ROCK AND SAND YARD: Dealing h native ~ck and sand, alone or in connect/on with any other business, employing delivery vehicl~ as foHows: (a) Not exceeding five vehicles .............................................. (b) More than five, not over ten ............................................. (c) More than ten, cach ....................................................... 9.35 '"'"~ RO1'.!.I~R DF. RBY, RODEO, OR SHOWS OF SIMILAR (125) CH~cfbR .................................................................... (126) (127) SANITARIUMS: See HOSPITALS, Subsection-{+34-)~691. SCHOOLS, PRIVATE OR STUDIO: (Se~ ~so Ch. 16 for r~gulations) (State License reauired, where applicable] (City Council Aooroval reouired) 175.9C 30.00 100.00 100.00 .75 100.00 100.00 .75 150.00 150.00 100.00 13.00 450.00 -23- (1) Academy. Music (a) ~ ..................................... (b) Teaching in homes ................................................... (2) [~eauty or Barber or Cosmetology ........................................ (s) lla~l~cfaal~i~m~ ................................................... (6) Drivine ........................................................................ (8) Hmial Am .................................................................. (9) M~ical ....................................................................... (10) Music ......................................................................... (I1) Nursery_. Day Ca~ ......................................................... (12) ~ .......................................................... .(13) Riding ......................................................................... (14) Telenraoh. radio or television ............................................. (15') Universities ................................................................... (16) Vocational. Postsecondary. Trade ........................................ (19) Schools not otherwise listed ............................................... (128) ~ECONDHAND DEALERS: fSee Chauter 12 for ReGulations1 ......... (129) (130) SHOE REPAIR SHOP: fA ~te license is renuh~ as a ~ Alone or in connection with any other business. Gtch chair ......................................................................... (131) SHOWROOM: IA accurate license ia mauired for BUSINF~S OFFICE and other tv~(s') or naturefs') of businessl ..................................... (132) SKATING RINKS: See RINKS, Subsection~...~"'c' f123~. (133) (134) SOLICITING: Residential door-to-door soliciting, unless under interslal~ commerce. Soliciting orders lo sell, by samples or otherwise, furniture, household goods, builders' supplies, machiun~y and machinc~y sul~)lies, musical inslzuments or other goods, wa.ms or mo'chandlm al retail, ~presenting business house~ outside the city ....................... (a) [Ioximz matches ............................................................. (b) Jal-Alal or Pelom: Conduedn~ frontons for exhibition, for e~ch day such fronton is actually ouerated for the exhibition of ial-alal or l~lota under the license Granted by the state racing commission, no discount allowed. Per day ................................................ (c) Roller Derby. Rodeo or Shows of similar character ................... (d) Others not included herein ................................................ ~3 ,,^ 9.35 18.75 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 100.00 75.00 28.00 100.00 300.00 90.00 50.00 650.00 450.00 -24 - (135) STORAGE AND/OR WAREHOUSE ~: fDEAD STORAGE ONLY - WHERE NO ACTUAL BUSINESS ACr[vrrY IS BEING CONDUL-i ~D~ (n) ........ ~:-- ' ~ ...... ~' (a) ~ ............................................ (b) ~qu~'e footaae over 2000 and no~ over 5000 ............................. (c) ~ .............................................. Over 5000 for each 1000 ~uare feet or part thereof ................. ~5.00 (136) T (137) TATF(K)ING .................................................................... TAXICABS: (See ~ection 22-9), Each taxicab .............................. (138) 7Z.G; 22Z.99 TELEGRAPH COMPANIES: (a) ~ach with TeleBq~ machin~ ............................................ ~2~.¢C $ 50.00 100.00 250.00 50.00 100.00 1000.00 50.00 200.00 -25- (140) (141) TELEPHONE COMPANIRS AND SYSTEMS ........................... $ I.ZC.~,Z $ 150.00 T~LEPHONE SOLICITORS: (State Lk:~nsWExempl~O{% rmuired from D~p_ t. of Aerieultu~ and Co(lsumer (a) Telephone solicitadon operation c~t~ining five (5) or less telephones ................................................................... (b) For each additional t~lephone ............................................ · ,,,o, TH~.ATERS: Sen MOTION PIC]3JRF~, Sub.~:dor. "~ (14,2) ""~" THEATRICAL, DRAMATIC TROUPES: S~ DRAMATICS, (14,3) Subscotion,,., .... (144) TOV~qNG/WRECKER COMPANIES. FIRMS. etc.: (a) Office. includine two f2~ vehicles ........................................ (145) (a~ Park ........................................................................... {h~ Sales .......................................................................... mnn ^~ 300 O0 15.00 45.00 ~ ~ 150.00 lg.?5 25.00 400 O0 300.00 (146) TRUCK]NO: Sen MOVlNG/TRANSI-I:.K COIvI~ANY appli~bl¢). (259) (148) U UNCLASSIFIED: Every business, occupation, profession or exhibition, substantially fixed or t~mporary, engaged in by any person whether in a building or tent, or upon Ibc street, vacant lot or anywher~ in the open air in the city, not herein specifically designated, shall pay a license fee -26- ..... $ 100.00 '~':" UPHOLSTEREP~:5~G OR FUR/qI'IX~ REPAIR OR REFINISHING (149) e ............ ,',' · · · ,.- ~ * ,'""~ ~, ..... (150) V 100.00 VEHICLE FOR HIRE: (See Section 22.9) Each .............................. ~ 50.00 W '~'~ WATCI-I/Jl~VELRY REPAIRING: Where not in connection with any (151) other buslness .................................................................... (152) WATER. BOTFLED COMPANY: Dib-I'RIBUTORS ONLY (See - (Only one (1) license x~qui~ed for Manufactaring Dis~bution or Re~aii/Whole,~e Merchant.) 59.99 100.00 WC'OD .~-~.vD- CO;--' D!STP.~-~UTC-".S: ~--'--"- ~": ........ ~:" 75.~ (Ord. No. 580, 9-11-56; Ord. No. ~0-122, 11-15-60; Re~. No. R62-19, § 2, 3-20-62; Ord. No. 65-19, §§ 1,3, 7-6-65; Ord. No. 68-33, § 1, 10- 3-68; Ord. No. 68-40, § 1, 12-17-68; Ord. No. 68-42, § 1, 1-21-69; Ord. No. 70-12, § 2, 8-4-70; On/. No. 71-13, § 1, 9-30-'/1; Ord. No. 7'2-9, § 1, 8-1-72; Ord. No. 80-42, § 2, 8-19-80; Ord. No. 81-6, § 2, 4-7-81; Ord. No. 82-23, § 1, 9-7-82; Ord. No. 84-12, § 2, 9-18-84; Ord. No. 85-4, § 2, 3-19-85; Ord. No. 90-12, § 4, 9-4-90) Section 3. Section 12-25.1 of the Code of Ordinances of the City of North lWL~ml Beach is hereby amended as follows: Sec. 12-25.1. Railread companies-Imposition of license tax. -27- There is hereby imposed upon ~ny railroad company whose t~acks extend into or through the covporat~ limits of the City of North Miami _n,y~-h a license tax m the sum of ........ · ..... j~, which shah be due and payable on October 1 of each year, commencing with October 1, 1972 (Ord No. 72-12, § 2, 9-27-72) Section 4. All ordin~.~ces or parts of ordinances in conflic~ .erewith be and the same are hereby repealed. Section 5. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 6. it is the intention of the City Council of the City of North Miami Beach and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of North Miami Beach, Florida. The Sections of this Ordinance may be renumbered or relettered to accomplish this intention and the word Ordinance' may be changed to 'Section*, 'Article', or other appropriate word as the Codifier may deem fit. APPROVED BY TITLE ONLY on first reading this 20t~day of .3une , 1995.  ~,~ second reading this 18thday of July ,1995. A. /Cl~ CLERK m~n (CITY SEA[I SPONSORED BY: Mayor and City Council NOTE: Underlining denotes additions and cross-outs denote deletions. ORDINANCE NO. gs-~ May 31, 1996 308 S. Dixie Highway Hallandale, Florida 33009 Broward: (305) 458-3251 Dade: (305) 949-9912 FAX: (305) 457-1342 David M. Wolpin, Esq. Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive, Suite 204 Miami, FL 33133 Re: Information Concerning Occupational License Tax Dear Mr. Wolpin: As requested in your letter of May 24, 1996 enclosed is an excerpt from the City of Hallandale Schedule of Fees and Charges, commonly known as the Fee Book. All Occupational License categories and associated fees are listed here as well as in the Code of Ordinances. The second reading of an Ordinance increasing these fees five percent is scheduled for public hearing on June 18, 1996. The City Commission appointed an Equity Study Commission to review the Occupational License tax schedule and reclassified various fees in 1994. If you are interested in provisions other than the categories and fees, please let me know and we will forward the appropriate Code sections. Sincerely, ~ June W. Depp, C~C/ City Clerk Enclosure OCCLIC.18/TXTCTYCL Page 1 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION City pro¥~ided container only (pick-up every other Saturday) First container, per unit, per month Additional container (maximum 2), per month, each INTERIM SERVICES FEE '~ 10-18.5 LIENS (Ch. 2) ~ Lien Mitigation Application Fee Search fee 23t0.4 Release 2-10.,~ Preparation fee ~ Recording 2-10.2 ~<~ Admn.fee(in add.to preparation fee for release) Recording fee(Cnty.chg.)Liens First page Each additional page Administrative charge MINIBUS Fare Advertising 2.00 95-22 1.00 95-22 See Att.#2 92-11 150.00 93-17 30.00 93-17 35.00 "~'~10.0 0 6. O0 4.50 ", 40.00 '~92- 19 .50 9 4 - 2'~x.~ By Contract OCCUPATIONAL LICENSE FEES (Ch. 18) Application fee (Nonrefundable) Businesses, Occupations or Professions: 18-7 MINIMUM OCCUPATIONAL LICENSE FEE ABSTRACTORS OF TITLE: Ea.individ. firm or corp.conducting busi- ness of abstracting titles, either in part or whole ADVERTISING: (a) Agency,agents,canvassers, or solicit.(where no other applicable classification), incl."Welc.Wagon"greeting service & public relations, each agent 20.00 91-19 25.00 94-15 100.00 75.00 Page 18 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION (b) Aerial advertising: $5 per trip or six-month license (c) Person distrib.circulars, pamphlets or other advertis. matter,except local merch- ants advertis.in this way their own goods & merchdse. (not to be placed or handed into autos or thrown on streets,placed under doors only,police I.D.req'd) ALCOHOLIC BEVERAGES: vendors not serving food AMUSEMENT MACHINE ESTABLISHMENTS: Establishments which have amuse- ment machines as either sole or principal use AMUSEMENT MACHINES. Electric game machines or devices,incl.video games;other amuse.devices incl. but not limited to jukeboxes, pinball or any other mechanical machine,other than those dispens. merchdse.,coin-operated or other- wise,license must be displayed on ea.machine: (a) Distributor(other than radio or TV) Ea.machine in service (b) Radio or TV distributor Ea.machine in service (c) No occup.licns.fee shall be payable in respect to amuse. mach.install.in multifamily dwellings contain.5 or more units,where such mach.are maintained therein on temp. basis(not to exceed 90 days in any calendar yr.);provided that schedules of use or maintenance every such mach. have been furnish.to City Clerk who shall maintain a record thereof. AMUSEMENT PARKS: Circus & Carnival; persons operat.amuse.parks within which are operated merry- go-rounds,roller coaster,theat- rical & other exhibit.,shows & perform.,shall pay tax for 50.00 75.00 10.00 500.00 150.00 30.00 50.00 1.50 Page 19 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION device,shows,exhibit.& all other forms of diversions & amusement perman.carried on in such park ANIMAL GROOMING SERVICE APARTMENTS, BOARDING AND ROOMING HOUSES, MOTELS AND HOTELS: (a) Two rooms or apts.(duplexes) (b) Over two rooms, ea.room (c) Over two apts., ea.apt. AQUARIUM ARCHERY RANGE ARMOURED CARS ARMS: Dealers in, incl.pistols, bowie knives,slingshots,brass knuckles,springfield rifles or dirk knives,shall register name of person to whom such article aforenamed was sold AUCTION GALLERY AUCTION SHOPS: Owners or managers temp.auction shops for ea.place bus.(in add.auctioneer's fee) AUCTION, REAL ESTATE (per day) AUCTIONEERS: For each day actually working AUTO DRIVING SCHOOL AUTO RENTAL OR LEASING: (a) Three vehicles or less (b) Each additional vehicle AUTOMOBILE AGENCIES: Or persons engaged in sale of autos, auto trucks,shall pay for each place of business AUTOMOBILE GARAGES: For keeping, storing,caring for,repairing autos or other motor vehic., belonging to public AUTOMOBILE MECHANIC: Providing tune-up serv.(no oil change) at residence of owner. Must have business address in City AUTO SHIPPING AGENCY OR DRIVEWAY SERVICE ($5,000 surety bond) AUTO TAG AGENCY BAGGAGE WAGONS OR DRAYS: Incl. moving companies,doing freight, transp.transf.bus.,when motor vehic.are used in such bus. (parcel del.), each car 1,000.00 50.00 No charge 3.00 3.00 75.00 1,000.00 100.00 200.00 1,250.00 200.00 200.00 50.00 100.00 100.00 20.00 200.00 100.00 75.00 100.00 50.00 50.00 Page 20 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION BAKERIES: Owner or manager of BANKS: Banks & trust companies, persons doing bank.bus., whether incorporated or not BARBER SHOPS: (a) First two chairs (b) Each additional chair BATHS: Owners or managers Turkish, Russian,vapor or other baths, when operated for profit & when paying no other license BEAUTY PARLORS BICYCLE REPAIR SHOPS: Owners or managers of,who are also en- gaged in selling bicycles, incl.repairs gasoline motors up to twenty-five (25) hp BILLIARD PARLORS: Kept for use or profit Ea.table(if one coin-operated only, see "Amusement Machines") BLOOD PRESSURE TESTING BOAT BUILDERS: Persons building boats shall be req'd to pay license tax as follows: (a) Bldg.boats up to 10 tons (b) Bldg. boats 10 tons & over BOATHOUSES: Or boatyards,owners or managers of,keeping boats for hire or storage BOAT RENTALS Each boat BOAT TAXI OPERATION (includes fee for first boat taxi) Each additional boat taxi BONDSMEN BOOK BINDERY: Owners or managers of BOTTLING WORKS AND SODA WATER FACTORIES BOWLING ALLEYS OR BOX BALL ALLEYS: Owners of or managers of, up to three alleys Each additional alley BRICKYARDS: Incl. manufacture of concrete blocks, etc. BRIDGE CLUB BROKERS: (a) Dealing in bonds & stocks (state registration req'd) (b) Dealing in insurance 75.00 450.00 50.00 10.00 100.00 70.00 50.00 100.00 25.00 50.00 100.00 200.00 100.00 50.00 5.00 200.00 100.00 150.00 50.00 300.00 100.00 10.00 100.00 94-12 94-12 450.00 94-15 150.00 Page 21 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION (c) Dealing in merchandise 150.00 (d) Dealing in land & land option 150.00 (e) Dealing in real estate (see "Real Estate") BURGLAR ALARM SYSTEMS 50.00 CABLE T.V. CANTEEN: Each vehicle CARPENTER SHOP OR WOODWORK SHOP CAR WASH AND/OR WAXING: (a) Operating from established location (b) Mobile CATERING: (a) W/other place of business (b) Not w/other place of bus. CEMENT, CONCRETE, PLASTER OR ARTIFICIAL STONE: Manufacturers of, or contrac- tors dealing in CHRISTMAS TREES(Clean-up bond req'd) CIGARS AND TOBACCOS: Dealers in, wholesale and retail CLAIMS AND COLLECTION AGENCIES: Not taxed as banks & lawyers, each agent CLOTHING: Dealers in second-hand, each place CLOTHING ALTERATIONS COIN DEALERS COMMISSION MERCHANTS: (a) Handling shipments on con- signment or commission only (b) Carrying a stock of mdse., fruits,vegetables,truck, etc.,who buy & sell out- right retail or wholesale COMMISSION MERCHANTS OF PRODUCE: Not maintaining place of bus. in City of Hallandale, but delivering & selling produce CONTRACTORS: (a) General-Building (unlimited) (b) Engineering-Incl.structure & reinforced iron & steel, utility install.,bridge, bulkheading,drainage excav- ating,sewer construc.,dredg., irrig.system,pile-driv.,bulk- 200.00 50.00 75.00 100.00 75.00 25.00 50.00 100.00 50.00 50.00 100.00 75.00 50.00 50.00 75.00 75.00 50.00 100.00 Page 22 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION heading & sea wall construc., sidewalks & street grading & paving,& similar work, either or all (c) Sub-General (d) Subcontractors and others: (1) Air condit.&refriger. (2) Awning (cloth) (3) Carpet installation (4) Electrical (5) Elevator (6) Floor sanding (7) Gas fitting, pipe fitting & heating (8) Jalousie (9) Landscape,tree surgeon and trimming (10) Lathing (11) Mason and cement (12) Moving&wrecking(houses) (13) Ornamental iron, bronze and steel (14) Plumbing (15) Painting (16) Plastering & cement (17) Plate glass & glazier (18) Residential contractor (2-story resident.max.) (19 Sandblasting (20 Sign (21 Steam fitting (22 Steel, reinforcing (23 Septic tank (24 Sewer (25 Sheet metal (26 Sprinkler system(all kinds) (27 Steel erection (28 Storm shutters (29 Solar water heating (30 Swim.pool or technician (31 Television installation (32 Tile,terrazzo & granite (33) Pile drivers,for public hire or contracting (34) Well drilling (35) Venetian blinds (36) Unclassified(not incl. in above) CONCESSIONS: Candy,gum,cold drinks CONVALESCENT HOME 100.00 75.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 5O 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50 00 50.00 50.00 50.00 50.00 50.00 100.00 Page 23 Revised: February 16, 1996 CODE AMENDING CATE GORY S E C T I ON AMOUNT RE S OLUT I ON CREDIT BUREAU DAIRIES AND DEALERS IN MILK, CREAM OR DAIRY PRODUCTS: (a) Delivery or selling milk to customers having local place of business (b) Vehicle delivery & selling milk or milk products without place of business in city limits, each vehicle DANCE HALL (Instruction) DIRECTORIES: Each person making or offering for sale DENTAL LABORATORY DRY CLEANERS: (a) Cleaning,pressing,dyeing (clothes) (b) Each agent or solicitor of out-of-town concerns (c) Towel and/or linen supply DYE WORKS AND STEAM CLEANERS: (Carpet cleaners) ELECTRIC LIGHT AND POWER COMPANIES: Manufacturing or distributing electric current EMPLOYMENT AGENCY EXPRESS COMPANIES EXTERMINATORS (State license needed) EXHIBITION: Where fee charged or sale of goods (license for every event req'd-no half yr.) FIRE EXTINGUISHERS: Sales & Service FISH MARKET: Handling fish&poultry FLEA MARKET:(Conditional use; Commission approval) V~n~cr P~rmits,_a~4%-spa__,,~ ~ FLORISTS OR DEALERS IN FLOWERS FRUITS AND VEGETABLES: (a) Retail place of business (b) Trucks or moving vehicles sell. whlse.or retail fruits or veg. not raised by owner of vehic.& no local place of business maint'd within city limits (c) Selling from freight cars (d) Selling from push cart FUNERAL HOMES 50.00 50.00 50.00 100.00 75.00 100.00 75.00 75.00 75.00 50.00 300.00 75.00 200.00 100.00 50.00 75.00 75.00 1,500.00 1.25/Day 50.00 50.00 100.00 100.00 50.00 100.00 Page 24 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION FURNITURE DEALERS: (Secondhand, including disposal sales) FURNITURE REFINISHERS GAMES AND DEVICES: See "Amusement Machines" GARBAGE AND WASTE GARDENING GAS COMPANIES: (a) Manufact.,distrib. or sell.gas thru pipe lines (b) Sell.or distrib.bottled gas(merchants'licns.req'd if equipment sold) GASOLINE: Wholesale dealers in, each place of business GASOLINE SERVICE STATIONS (Merch- ants'licns.req'd if mdse.sold other than petro.products): Each pump GOLF COURSE: (a) Incl.pro shop & driving range-all on same premises (b) Miniature GOLF RANGES GREETING CARDS GUARD AGENCY, SECURITY OR WATCHMAN HALLS FOR HIRE HAT CLEANING AND BLOCKING HATCHERIES HEALTH SALON HOME MAINTENANCE SERVICE (Not janitorial) HOME OCCUPATION (Restricted) HOSPITAL FOR ANIMALS:(To be operated by a duly licensed veterinarian) HOSPITALS: (a) General (other than psychiatric) (b) Psychiatric (by commission action) ICE CREAM: (a) Manufact.of,sell.at whlse. (b) Parlor (c) Street wagons or carts,sell. at retail,for ea.cart or wagon ICE FACTORIES: Incl.cold storage 150.00 50.00 150.00 50.00 300.00 50.00 100.00 40.00 10.00 400.00 50.00 150.00 50.00 50.00 150.00 50.00 100.00 100.00 50.00 50% of listed fee 100.00 100.00 150.00 100.00 50.00 50.00 Page 25 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION plants connect.therewith & right to sell whlse. & retail ICE VENDING MACHINES ICE WAGONS: Peddling on streets not owned & operated by ice factories who pay licns.,each INSURANCE ADJUSTERS: Office INSURANCE AGENTS: Each agent or solicitor(residence)ea.agent or solicitor of same company INSURANCE COMPANIES: (a) Incl.fire,accident,liab., life surety&plate glass, each company (b) Sick&funeral benefit com- panies or associations,ea. INSURANCE RATE MAKERS OR RATE AGENT: Traveling INTERIOR DECORATORS: (Insurance required) JANITORIAL SERVICE AND MAID SERVICE JEWELRY: (Other merchandise sales, See "Merchant") JEWELRY BROKERS: Lending on jewelry pledged for debt & not general pawn brokerage business JUNK DEALERS: (a) Having local place of bus. (b) Itinerant, each vehicle KEROSENE DEALERS: Solicitors, agents or distributors selling and delivering from vehicles LABOR UNION ORGANIZATIONS LANDSCAPING: Gardening LAND DEVELOPMENT COMPANY LAUNDRIES: See "Dry Cleaners": (a) Coin-operated, up to 20 machines (b) Each additional machine LIGHTNING RODS: Dealers permanen- tly located or nonresident LOAN AGENTS: (a) Personal,household,auto- motive (b) Not taxed as bankers or lawyers,loaning on real 100.00 25.00 50.00 75.00 50.00 150.00 100.00 50.00 100.00 75.00 150.00 300.00 100.00 150.00 75.00 250.00 50.00 100.00 75.00 2.50 50.00 150.00 Page 26 Revised: February 16, 1996 CODE AMENDING CATEGORY SECT I ON AMOUNT RE S OLUT I ON estate, each agent LOCKSMITHS AND TRUNK REPAIRERS: Who pay no other licenses LUMBER DEALERS: (a) Carrying stock on hand and selling at retail (b) Buying or selling on commission or exporting LUNCH STANDS: (No table seating) MACHINE SHOPS: Repair shops or blacksmith shops MANICURIST: Each MASSEUR/MASSEUSE Each assistant MAIL ORDER: (No stock) MANUFACTURERS MANUFACTURER'S REPRESENTATIVE MARINA Each Boat Slip MEAT MARKETS MEDICAL CLINICS: (Licensed physician required) MERCHANTS: Store-keepers and dealers in goods, wares and merchandies: (a) Retail stock less than $1,000.00 (b) Retail stock $1,000.00 to $3,000.00 (c) Retail stock $3,000.01 to $10,000.00 (d) Retail stock $10,001.01 to $20,000.00 (e) Retail stock $20,000.01 to $50,000.00 (f) Retail stock $50,000.01 to $100,000.00 (g) Retail stock 100,000.01 to 250,000.00 (h) Retail stock 250,000.01 to 500,000.00 (i) Retail stock over 500,000.00 MOBILE HOME PARK: Each trailer space MOBILE HOME SALES MONUMENTS AND TOMBSTONES MOTION PICTURE HOUSES, THEATRES OR DRIVE-INS MOTORCYCLES: Dealers in 150.00 50.00 150.00 150.00 50.00 75.00 50.00 94-15 50.00 20.00 50.00 100.00 100.00 1,000.00 94-12 75.00 94-12 100.00 200.00 50.00 75.00 150.00 180.00 225.00 300.00 425.00 94-15 625.00 94-15 1,000.00 94-15 3.00 150.00 50.00 200.00 75.00 Page 27 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION MUSICAL DEVICES: See "Amusement Machines" Musical installation of wired service NEWSSTANDS NIGHTCLUBS AND CABARETS: Serving soft drinks, meals, dancing or other amusement: (a) 4:00 license (b) Add.fee 6:00 license NURSERIES: Plants,trees,shrubs,etc. NURSERIES: Child care NURSING HOMES OWNER-BUILDER PAINTERS AND PAPER HANGERS: Contracting and not doing their own work PAINTS: Manufacturers of PAINT AND BODY SHOPS PARKING LOTS: Renting parking space by the hour,day, or for a longer period: (a) 1 to 25 rental spaces (b) Over 25 spaces PARKING, VALET: See "Valet Parking" PATENT RIGHTS: Any person selling any patent right or the right to sell any patent right PAWNBROKERS PEDDLERS PET SHOP: Birds,fish and pets (For grooming,see "Animal Grooming") PHARMACY: Drugs, prescriptions PHOTOGRAPHERS PHOTOGRAPHERS' AGENT: Solicitor or distributor PIANO TUNERS PRINTING PRIVATE SCHOOLS PROFESSIONALS: (License assessed against ea.person in the business & not against the firm or corpo- ration; ea.individual must acquire a separate license for ea.classi- fication desired): (1) Accountants (2) Analytical 200.00 50.00 300.00 300.00 50.00 50.00 100.00 100.00 50.00 100.00 100.00 50.00 100.00 100.00 500.00 94-15 100.00 75.00 100.00 50.00 100.00 50.00 75.00 100.00 170.00 94-15 170.00 94-15 Page 28 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION (3) 170.00 94-15 (4) 170.00 94-15 (5) 170.00 94-15 (6) 170.00 94-15 (7) 170.00 94-15 (8) 170.00 94-15 (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27 (28 (29 (30 (31 (32 (33 (34 Architects Artists Auditors Attorneys-at-law (must be listed with Florida Bar) Chiropodists Chiropractors Christian Science healers or practitioners Civil engineers & surveyors Colonic irrigationists & physiotherapists Dentists Detectives (subject to approval of police chief) Doctors (state registra- tion required) Draftsmen Electrical engineers Electrologists Engravers (photo) Electrolysis Homeopathic physicians Laboratory technicians Landscape architects Mechanical engineers Naturopaths Optometrists and opticians or occulists Osteopaths Physical culture directors Physicians Podiatrist Psychologists (county license required) Physiotherapists Surgeons Veterinarians Other similar professionals not specifically mentioned, i.e., dieticians, tree surgeons, etc. PROPERTY MANAGEMENT PUBLISHERS: (a) Newspaper (b) Tip sheets PUBLIC STENOGRAPHER RADIO AND/OR T.V. REPAIR SHOP OR SERVICE 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 170 00 170 00 170 00 170 00 170 00 170 00 170 00 170 00 170 00 170 00 94-15 94-15 94-15 94-15 94-15 94-15 94-15 94-15 94-15 94-15 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 170.00 94-15 100.00 100.00 200.00 50.00 50.00 Page 29 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION REAL ESTATE: Including rent and rent collecting agencies: (a) Each agent or broker 100.00 (b) Ea.add.member & salesman 25.00 REPAIR SHOP: Keys,locks,knives, scissors or lawn mower sharp- ening,gun-smithing,motorcycle and bicycle repairs 50.00 RESTAURANTS: (a) Seat.capacity 0-30 persons 50.00 (b) Seat.capacity 31-74 persons 100.00 (c) Seat.capacity 75-149 persons 150.00 (d) Seat.capacity 150 or more persons 200.00 (e) Drive-in 100.00 RESEARCH LABORATORIES 100.00 SALES OFFICE: No stock SANATORIUM: See "Convalescent Home" SHIP BROKERS: Incl.brokers in boats SKATING RINKS SODA FOUNTAINS STORAGE WAREHOUSE OR STORAGE ROOM: Conducting business of storing goods, wares or merchandise SUITS: Agents taking measurements for suits (not tailors) TAILORS TAX COLLECTING AGENCY & CONSULTANTS TAXICAB OFFICE OR SHOP TELEGRAPH COMPANIES: With or without teletype machines TELEPHONE AND SYSTEMS AND COMPANIES On the second thousand or fraction thereof for each phone or instrument TELEVISION AND RADIO STATION TOUR OPERATOR TOWEL AND LINEN SUPPLY COMPANIES: See "Dry Cleaners" TRADING STAMP COMPANY TRANSFER COMPANY TRAVEL AGENCY TRUCK/TRAILER RENTAL OR LEASING: (a) Three vehicles or less (b) Each additional vehicle UNCLASSIFIED: (By commission action). VALET PARKING: Per location 50.00 100.00 100.00 100.00 100.00 75.00 75.00 100.00 50.00 75.00 200.00 0.04 150.00 50.00 50.00 150.00 100.00 100.00 100.00 20.00 100.00 94-15 94-15 Page 30 Revised: February 16, 1996 CODE AMENDING CATEGORY SECTION AMOUNT RESOLUTION VENDING MACHINES: Distributing merchandise and service: (a) Operator (b) 1¢ vending, each machine (c) 5¢ vending, each machine (d) 10¢ vending, each machine (e) Over 10¢ (f) Coin-operated laundry machine (other than in a licensed laundromat) VULCANIZING: For each place of business operated as a vulca- nizing shop WATCHMAKERS WATER: Distributor or agent engaged in selling or delivering bottled drinking water (see also "Vending Machines") WOODYARD: Selling and distributing wood, coal, coke, etc. WRECKER SERVICE WHOLESALE JOBBER OR DISTRIBUTOR PENALTY, DELINQUENCY Any license not renewed by September 30 shall be delin- quent and subject to the following penalties (% of license fee due): October 1- October 31 November 1 - November 30 December 1 - December 31 January 1 January 31 After 18-7(e) 150 days - up to additional PENALTY, OPERATING WITHOUT (% of license fee due) F,So PENALTY, ADDITIONAL (if not paid within 150 days after initial notice to obtain required occupational license) - up to 75.00 1.00 5.00 7.50 10.00 2.50 50.00 50.00 50.00 50.00 50.00 100.00 10% 15% 20% 25% 250.00 25% 93-17 93-17 250.00 94-15 TRANSFER FEE (Min.$3-Max.$25) (% of license fee due) FIREARMS SALES - (See ARMS) FoS. 10% 93-17 Page 31 Revised: February 16, 1996 WEiss SE~OT~ & PTELF/w^N, P.A. J~.me 14, 1996 Mr. Eric M. Soroka City Manager City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, Florida 33180 Dear Eric: In accordance with the request of Council at the June 4, 1996 Council meeting, enclosed are sample ordinances regulating newsracks. Please provide for placement of the attached on the agenda under the City Attorney's report. Should you have any questions, please call me. Sincerely, IUWkum\328001 CITY OF MIRAMAR STREETS AND SIDEWALKS resolutions upon receipt of an application from the property owner and payment of a fee in the amount of fifty dollars ($50.00). The application shall be accompanied by a set of engineering plans for the proposed work and a certified survey showing crown of road elevations and drainage slopes for roads abetting the property in question. c) All utilities having the fight to the affected easement consent in writing to the encroachment. (Ord. No. 94-21, § 1, 2-16-94) Sees. 23-14--23-30.Reserved. ARTICLEH. NEWSRACKS (b) Prior to granting a special exception, the city commission shall find that the proposed special exception will not create a drainage problem end will not conflict with the provisions of section 25-1. The city commission may make the granting of a special exception contingent upon the applicant's compliance with such stipulations end safeguards as it may deem necesea~ to ensure compliance with the intent end purpose of this chapter. Sec. 2343. Vacation of abandonments and The city commission may, of its own motion, or upon petition of any person adopt a resolution vacating, abandoning, discontinuing, and closing any existing public or private street, alleyway, road, highway or easement, end renouncing end disclaim- ing any right of the city and the public in end to any lend in connection therewith~. Prior to the adoption of such resolution, the commission shall hold a public hearing and shall publish notice thereof, one (1) time, in a newspaper of general circulation at least two (2) weeks prior to the date stated therein for such hearing. The resolution, as adopted, end the proof of publication of the notice of the adop- tion of such resolution shall be recorded in the public records of the county. Notwithstanding anything to the contrary in this section, the City Manager or his authorized repre- sentative may issue a Consent to Encroachment on a platted utility easement or an easement used for utility purposes provided the following conditions are met: (a) The encroachment on the platted utility or the easement used for utility purposes is de minimis ill nature, as determined by the City Manager or his authorized representative; end (b) The encroachment is a result of a permitted or approved structure or house meeting the City's setback requirements at the time the permit w~ issued; end The following words, terms end phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Distributor shall mean the per~on or any other legal entity owning or responsible, for placing or maiptaining a n~wsrack ill a public right-of-way. The terms distributor, owner or publisher shall be used conjunctively throughout this article and shall apply jointly end severally to those of them owning or maintaining the nswsrack in a public right-of-way. Newsrack shall mean any self-service or coin- operated box, container, storage unit or other dispenser installed, used, or maintained for the display, sale or distribution of newspapers or other news periodicals or advertising circulars. Owner shall mean the owner of the newsrack. Parkway shall mean any area within a right-of-way which is not a pathway or roadway. Pathway shall mean any surface provided for the uso of pedestrians and bicycle riders. Public property shall mean parks, squares, end any end all other real property owned by the city. Publisher shall ~ the publisher of the newspa- per or other news periodical vended wi~hln the scope of this article. Recovery area shall mean that space, as deter- mined by dapartment of transportation specifica- tions, which is measured from the edge of the roadway outward and which is required to be clear of fixed objects. DOT specifications shall be iudicat- ed in Table III-12, from the Manual of Uniform Minimum Stendards for Design, Construction and Maintenance for Streets end Highways. The spatial Supp, No, t2 1503 § 2~-32 M~.AMAR CODE relationships determined by DOT are as follows: Table m-12 Minimum Width of Roadside Recovery Area St~d B~low 35 m.p.h. 50 m.p.h. 35 m.p.h. 45 m.p.h & abov~ Rural, f~et 6 14 30*** *U~oan, feet 4** 4** 14 *From bce of cu~. u~ pol~ ~d c~ ~ ~b~ ~t ~ ~ ~ of~e Nafi~ ~~ ~ ~ d~ ~, ~e mini~m ~y be ~ M ~o ~ o~alf ~ 1~) ~. ~ ~fi~ p~ ~ wMch it is ob~c~om &~d be phcM at ~ ~t~f~y b. cl~e p~c~nbl~ ~d be ~ wi~ ~my ~0) ~ ~ n one ~m~ ~hu~ (1,~) ~cl~s ~r ~y or ~n (14) ~ mlnim~ ~ ~ ~ J8 le~ ~ ~ h~ Rig/u-of-way shah mean ail that ars~ which is dedicated to use by the public for pedestrian and vehicular travel and includes, but is not limi~d to, roadways, parkways and pathways. Road~ shall mean that portioo of a street improved, designed or ordinarily used for vehicular traffic. $/de~a/~ shah mean any service area provided for t~tt pa~ of a public n'ght-of-way which is designed and ordinarily used for pedestrian travel. $~e~ shall mesh ell of that area dMicated to public use for public traffic purposes and shah include, but not be limited to, roadways, parkways, alleys and sidew~lkn. Vis~bili~y ~riangl~shell mean ell that area at tim intersections of two (2) roadways within a sight triangle created by meesuring thirty (~0) feet from the apex ofthe intersection of the two (2) roedways. Sec. 23-32. Standards. After the effective date of the ordinance from which this article wes derived, ail newsrecks placed, erected, ~,~i,t~ined or operet~ w~t~in a public right-of-way or other public property within the city shall conform to the following standards: O) No newsrecks shah be placed or located on a roadway. (2) No newsreck shall be permitted to rest upon, in or over any pathway, except where there is no available parkway a~t in the immediate vicinity of the proposed loca- tion. However, under no circumstances shall a newsrack be allowed at any location whereby the clear space for the passageway of pedestrians or bicycle riders is reduced to less than four (4) feet. O) No advertising shah be permitted upon nowsracks other than the identification or promotion of the periodical offered therein. No newsrack shall exceed fifty-four (54) inches in height, fifty (50) inches in width, or twcoty-four (24) inches in depth. No newsrack shah be chained, bolted or otherwise attached to any property or to any permanently fixed object not owned by the distributor of the newsreck, unless the prior writtem consent of the owner of such property or object is obtained in a nota- rized affidavit. No newsrecks shall be chained, bolted or otherwise attached to a tree. (6) Newsrsck~ may be placed, chained or othetxvise ~ttn~iled to one another; howev- er, no more than five (5) single and/or double newssacks may be joined or placed together in this manner, and a space ofno lees than one tho-~nd (1,000) feet, oothe same side oftbe street, shall separate each group of five (5) single and/or double newsracks so attached. Each newsreck shall be co~to~.-cted, in- stalled and maintained in a safe and secure condition, and with sufficient weighting to clear vandalization and to prevent the newsrack from becoming a vere weather. Hurricane precautions shah be as indicated in the South Florida Build- lng Code, Broward Edition. Whenever a hurricane warning is in effect in Bm- Supp. No. 12 1504 STREETS AND SIDEWALKS § 23-33 ward and/or Dade County area, the distrib- utor, owner or publisher shall immediately, within eight (8) hours of the issuance of such hurricane warning, remove the newsracks belonging to such distributor, owner or pub- lisher from the public rights-of-way and place them in a secure storage area. Any newsracks not removed within eight (8) hours of the imposition of a hurricane warning may be removed by the city in ac- cordance with the emergency removal pro- cedures provided for by section 23-36. (8) The location and installation of all news- racks within the city shall comply with this article. No newsrack shall be installed or located in an area which unreasonably in- terferes with or impedes the flow of vehic- ular or pedestrian traffic. (9) Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times so that: a. It is reasonably free of dirt and grease; b. It is reasonably free of chipped, faded, peeling and cracked paint in the vis- ible painted areas thereof; c. It is reasonably free of rust and corro- sion in the visible unpainted metal areas thereof; d. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blem- ishes and discoloration; e. Any rack card which is inserted in the front of a newsrack shall be reasonably free of tears, peeling or fading; f. The structural parts thereof are not broken or unduly misshapen; g. Any coin-return mechanism or other mechanical parts are in proper working order. (10) No newsrack shall be placed, installed, used or maintained: a. Within ten (10) feet of any marked crosswalk; b. Within thirty (30) feet of any fire hy- drant, fire callbox or other emergency facility; c. Within ten (10) feet of any driveway; d. Within ten (10) feet ahead of, and ten (10) feet to the rear of a traffic sign regulating moving traffic or within five (5) feet of the outer end of any bus stop; e. Within the recovery area adjacent to a public street, except where the appli- cation of this restriction to a particular location has the effect of prohibiting placement of newsracks at that loca- tion. Newsracks shall be located as far as possible from the edge of the roadway, but in no event shall a news- rack be placed at less than two and one- half(21/2) feet from the edge of the curb, as specified by DOT specifications ref- erenced in section 23-31; f. Within six (6) feet of any display window on public property; g. Within twenty (20) feet of any police station driveway, f'rre station driveway, ambulance station driveway, entrance to hospital emergency room or other emergency facility; h. Within a visibility triangle; i. At any location which would obscure traffic-control signs from the visibility of motorists. (Code 1964, § 20-17(b)) Sec. 23-33. Identification, registration and in- demnification. (a) Each newsrack shall have afFhxed to it in a readily visible place the telephone number of a working telephone service to call to report a mal- function or to secure a refund in the event of a malfunction of the coin-return mechanism and shall also provide the name and address of the publisher, owner or distributor to receive the no- tice provided for in this'article. (b) Although no permit or license is required prior to the placement of newsracks, any person who places or maintains such a newsrack shall notify in writing the code enforcement board of the location or of a change in location for such newsrack. The written notification shall be par- ticular as to the location, furnishing the closest street address and a brief description of the loca- tion. 1505 § 23-33 MltkkMAR CODE (c) At the time of registration, .each publisher owner or distributor of a newsrack shall execute and file with the code enforcement board an in- demnification and hold harmless agreement re- lieving the city, its officials, employees and boards from any and all claims, suits, actions, demands, damages, costs and liabilities arising from the in- stallation, maintenance or operation of such news- rack owned or maintained by such publisher, owner or distributor, together with all costs and attorney's fees, including any appellate fees. (d) The owner, distributor or publisher shall re- ceive from the city a copy of any claim letter sub- mftted to the city in accordance with F.S. § 768.28 and shall in any event defend any and all such actions, claims, demands, or suits on behalf of the city through defense counsel selected by-the owner, distributor or publisher at the owner's, distribu- tot's or publisher's sole cost and expense. (e) Simultaneously with the filing of the re- quired indemnity, each owner, distributor or pub- lisher registering shall maintain or cause to be maintained comprehensive general liability insur- ance providing insurance against claims for per- sonal injury or property damage arising or occur- ring by virtue of the installation, maintenance, operation or presence of such newsracks. The in- surance shall be issued by insurance companies duly authorized to write insurance coverage in the state and shall afford minimum protection of one hundred thousand dollars ($100,000.00) per occurrence. The owner, distributor or publisher shall furnish such certificates of insurance for the coverages specified hereunder to the city's risk manager, with a copy to the code enforcement board prior to the issuance of such permit. The city's risk manager shall be given written notice of any lapse, cancellation or material modifica- tion of such coverage and shall promptly procure substitute coverage and serve it upon the risk man- acer. All insurance companies issuing this insur- ance shall be rated A:X or better per A.M. Best's Key Rating Guide, latest edition. If an owner? dis- tributor or publisher is self-insured, a self- insurance certificate acceptable to the city's risk manager may be accepted in lieu of a certificate of insurance. (Code 1964, § 20-17(c)) Sec. 23-34. Abandonment. No newsrack shall remain empty for a period of fifteen (15) consecutive days. In the event a news- rack remains empty for that period, it shall be deemed abandoned, and may be removed in accor- dance with the provisions of this article. For pur- poses of this section, the word "empty" means: (1) A newsrack without any contents; or (2) a news- rack with contents which bear a date fifteen (15) days prior to the date of inspection. (Code 1964, § 20-17(d)) Sec. 23-35. Enforcement. (a) Any newsrack installed, used or maintained in violation of this article may, after twenty (20) days' written notice mailed by certified mall, re- turn receipt requested, to the person designated by the publisher, owner or distributor under the registration provisions of section 23-33(b), be re- moved and stored in a convenient and safe place by an employee of the code enforcement board, unless the violation is cured before expiration of that twenty-day period or a hearing is requested as provided in this section. The notice shall: (1) Identify the newsrack at issue and specifi- cally describe the offending condition and all required action necessary to correct that condition; (2) Advise that unless within twenty (20) days of receipt of the notice the specified condi- tion is cured or a written reques$ for a hearing before the code enforcement board is filed with the board at an address set forth in the notice, the identified newsrack will be removed by the city pursuant to this section. (b) If the publisher, owner or distributor of a newsrack which is the subject of such a notice of violation files with the code enforcement board, within twenty (20) days of receipt of such notice, a written request for a hearing, a hearing shall be granted as a matter of right, and the filing of this hearing request shall operate a~ an automatic stay of the twenty-day compliance period, until such time as the code enforcement board has held a hearing on the alleged violation and rendered a 1506 STREETS AND SIDEWALKS § 23-36 decision thereof, and the expiration of the thirty-day appeal period provided in this section. (c) The order of proof at the code enforcement board hearing shall be: (1) The applicable code enforcement officer shall present the facts to the code enforce- ment board and shall have the right to present witnesses and other relevant evi- dence to the code enforcement board. (2) The publisher, owner or distributor or at- torney of the publisher, owner or distrib- utor shall have the right to cross examine the city's witnesses, including the code en- forcement officer. (3) The burden to rebut this evidence shifts to the publisher, owner or distributor if and only if the code enforcement officer has pre- sented a prima facie case of a violation of this article. (4) In order to find a publisher, owner or dis- tributor guilty of a violation of this article, the code enforcement board must find that by a preponderance of all the evidence pre- sented at the hearing, that is by the greater weight of that evidence, the publisher, owner or distributor has committed a vio- lation of this article. (5) The city attorney may act as an advisor to the code enforcement board but may not act as an advisor to the prosecuting officer. (6) Formal rules Of evidence or civil procedure shall not apply, but will be observed, and the proceedings shall be compatible with the standards for due process of law. (d) Any publisher, owner, distributor or the code enforcement division dissatisfied with the code en- forcement board's decision may appeal such deci- sion to the city commission. Any appeal shall be filed with the city clerk's office within thirty (30) days of receipt of the code enforcement board's written decision, and shall operate as an auto- matic stay of the code enforcement board's deci- sion, which stay shall continue in force until com- pletion of any timely review thereof to the city commission or subsequently to any court of law. (e) This section shall apply to removal proce- dures for which no hearing has been requested on a timely basis, under subsection (a) of this section and further shall not apply to emergency removals under section 23-36. Any newsrack removed from a public right-of-way or property shall be stored at the cost of the distributor, providing that the pre- vailing party causing a reversal on appeal shall be excused from such costs. The city shall be re- imbursed by the publisher, owner or distributor for all costs incurred in the removal and storage of all newsracks removed from public rights-of-way or property by the city. Within ten (10) days after the removal of any newsrack from public rights- of-way or property, the city shall send the distrib- utor, owner or publisher of the newsrack by cer- tiffed marl, return receipt requested, notice of removal. The city is hereby authorized to sell the newsrack at a public sale if the newsrack is not claimed by the distributor within a period of ninety (90) days from the date of removal and if no hearing has been timely requested as provided by this section. On'or before ten (10) days prior to sale, the city shall advertise notice of the sale in a dally newspaper of general circulation in the city. All unpaid removal and storage costs and adver- tisement costs shall be paid out of the proceeds of the sale of the newsracks. The remaining balance of the sale proceeds shall become the property of the city and be transferred to the city's general fund. (fl Notwithstanding any other provision of this article, if the limitations imposed on newsracks by this article prevent installation, maintenance or use of a newsrack at a location where the code enforcement board finds that it does not pose a health or safety hazard to pedestrians, vehicles or residents, then the city commission may permit that publisher, owner or distributor to install, maintain and use that newsrack at that location. (Code 1964, § 20-17(e)) Sec. 23-36. Emergency removal. (a) In an emergency, as determined by the po- lice chief, building official or their designees, where the installation, use or maintenance of any newsrack poses an imminent and immediate health or safety hazard to pedestrians or vehicles, the city shall, where feasible, give telephone no- Supp. No. 2 1507 § 23-36 MIRAMAR CODE tice to the newsrack owner of the nature of the emergency and afford the owner the opportunity to remove or otherwise relocate the newsrack. Where telephone notice is not feasible or where the owner fails to remove or relocate the news- rack following telephone notice of the emergency, the police chief, building official or any person designated by same may summarily and tempo- rarily remove or relocate such newsrack, but only to the extent necessary to avoid the health or safety hazard at issue. Immediately following re- moval or relocation of any newsrack under these emergency procedures, the owner shall be pro- vided written notice of the action and the nature of the emergency necessitating such action by cer- tified mail, return receipt requested. Upon failure of the owner to claim the newsrack within thirty (30) days after receipt of such notice, the news- rack shall be disposed of pursuant to section 23- 35(d). (b) The owner of any newsrack removed or re- located under this section may file a written re- quest, which must be filed within thirty (30) days of receipt of the removal notice, for a hearing be- fore the code enforcement board to dispute the determination of an emergency and/or the removal or relocation by the city, and the owner, in addi- tion, may present a claim to retake possession of the newsrack prior to the hearing. A hearing so requested shall be granted as a matter of right at the next regularly scheduled meeting of the board and shall be conducted in accordance with the pro- cedures set forth in section 23-35(c). Any news- rack owner, publisher or distributor dissatisfied with the decision of the code enforcement board at such hearing may appeal such decision to the city commission within thirty (30) days of such deci- sion. (c) Following removal of the newsrack by the city, the distributor shall be notified of same by certified mail, return receipt requested. If the newsrack is neither claimed within thirty (30) days of receipt of the certified letter nor a hearing re- quested within thirty (30) days of removal, by cer- tified mail, disposal shall be made pursuant to section 23-35(d). (Code 1964, § 20-17(fl) Sec. 23-37. Appeals. Any distributor, owner or publisher aggrieved by a finding, determination, notice or action taken under the provisions of this article may appeal to the city commission. An appeal must be perfected within thirty (30) days of the receipt of notice of any protested action or decision by delivering to the office of the city clerk, with a copy to the sec- retary of the code enforcement board, a letter of appeal, briefly stating therein the basis for the appeal. A hearing shall be held on the next avail- able agenda of the city commission not later than forty-five (45) days after receipt of the letter of appeal. The appellant shall be given at least five (5) days' notice of the time and place of the hearing. The city commission will give the appellant the customarily reasonable time to be heard and will then hear from a representative of the code eh- forcement board and any other appropriate city personnel. At the conclusion of the hearing the city commission shall make a final and conclusive determination which will affirm, reverse or modify the decision of the code enforcement board. The determination shall be reduced to writing and signed by the mayor and fried in the office of the city clerk within ten (10) days of the hearing, and a copy shall be sent to the appellant. The decision shall be effective when filed with the city clerk. The decision of the city commission may be ap- pealed as provided by law. (Code 1964, § 20-18; Ord. No. 91-22, § 20, 3-4-91) Sec. 23-38. Penalty. Violation of this article may at the option of the city be prosecuted as provided by law pertaining to civil prosecutions in county court for failure to comply with this Code, may be presented to the code enforcement board pursuant to the provi- sions of section 2-66 et seq., or may be subject to any other civil action deemed appropriate by the city. · (Code 1964, § 20-19) Secs. 23-39-23-55. Reserved. Supp. No. 2 1508 § §4-134 MIAMI CODE § 54-13§ tion and save-harmless agreement, relieving the city, its employees, officers and boards from any and all threat of damages, costs and liability what- soever arising from, growing out of or incident to or in any manner connected with the installation, maintenance or operation of each such newsrack, together with all costs, charges and expenses, in- cluding reasonable trial and appellate attorney's fees, incurred by the city in defining [defending] any claim or suit brought against it, either as sole defendant or joined as a defendant with the distributor, and specifically including any claim or suit against the city alleging liability based on the city's failure properly to enforce or adminis- ter the provisions of this article. Said indemnifi- cation and save harmless agreement shall also provide that if the distributor fails to defend any such claim or suit against the city, the city may defend the same and the distributor will pay to the city upon demand all costs, charges and fees incurred in connection therewith. (Ord. No. 10044, § 8, 9-26-85) Sec. 54-135. Standards for placement of news- racks. After January 1, 1986, all newsracks erected, placed, maintained or operated within a public right-of-way in the city shall conform to the fol- lowing standards: (1) No newsrack shall be on any public right- of-way without a permit having been issued therefor. (2) No newsrack shall be placed or located on a roadway. (3) No newsrack shall be located closer than thirty (30) inches to a roadway. (4) No newsrack shall be permitted to rest upon, in or over any sidewalk, except when no parkway area in the immediate vicinity of the proposed location is available for such placement. (5) No more than three (3) newsracks may be joined, attached or chained together and space of not less than fifty (50) inches shall separate each group of two (2) or more newsracks which are joined, attached or Supp. No. 20 3658 chained together. Further, no such newsrack shall be bolted or otherwise attached to a city sidewalk. (6) No newsrack shall be placed at any site er location when such newsrack unreasonably interferes with or impedes the flow of pc- destrian or vehicular traffic including any legally marked or stopped vehicle, or any residence or place of business, or access to utility poles, posts, traffic signs or signals, hydrants, mailboxes, or other such facilities. (7) No newsracks shall be used to advertise or publicize anything other than the periodical offered for sale therein. (8) Application of visibility triangles shall be as follows: a. At street intersections, visibility trian- gles shall be maintained to include an area bounded by the first twenty-five (25) feet along the intersecting edges of the right-of-way, projected where rounded, and a line running across the lot in connecting the ends of such twenty. five-foot lines. b. At intersections of driveways with streets, such visibility triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting area of the base build- ing line and the driveway, projected where rounded, and a line runnin4~ across any intervening right-of-way and the lot and connecting the end of such ten (10) lines. (9) Any distributor seeking a permit who wishes to place a newsrack at a site or location violating the provisions of subsections (2) through (6) of this section or whose newsrack does not comply with section 54-136, may submit along with the permit application a document disclosing the violation showing why a permit should nevertheless be issued, by demonstrating to the director of the de- partment of public works: (a) why the par- ticular characteristics or placement of the newsrack would not result in danger to the § 54-135 STREETS AND SIDEWALKS § 5/-139 public; and Cb) that no adjacent site or loca- tion is available which both is satisfactory to the distributor and fully complies with the provisions of subsections (2) through (6) of this section. In the event an applicant demonstrates that the requested installa- tion clearly will not endanger the safety of the public and that no adjacent or nearby site exists which would be satisfactory to the distributor and which would comply with subsections (2) through (6) of this sec- tion, then a permit shail be issued noting the violation allowed and the specific rea- sons therefor. (Ord. No. 10044, § 4, 9-26-85) Sec. 54-136. Standards for maintenance and installation. Each newsrack installed, used or maintained in a public right-of-way within the city shall con- form to the following standards: (1) Dimensions: Each newsrack shall be no more than four (4) feet, one (1) inch in height, thirty, six (36) inches in width or two (2) feet in depth. (2) Label: Each newsrack shall have a. ffixed to it in a visible place a sticker identifying the name, address and telephone number of the distributor for purposes of securing refunds, reporting malfunctions, or to give notice as provided by this article. (3) Weight: No newsrack or group of attached newsracks allowed under this article shall weigh, in the aggregate, less than one hun- dred (100) pounds when empty. (4) Condition: Each newsrack shall be serviced and maintained so that: a. It is reasonably free of dirt and grease. b. It is reasonably free of chipped, faded, peeling and cracked paint in the vis- ible painted areas thereof. c. It is reasonably free of rust and corro- sion in the visible unpainted metal areas thereon. d. The clear plastic or glass parts thereof, if any, through which the publications f. (Ord. No. therein are viewed are unbroken and reasonably free of cracks, dents, blem- ishes and discoloration. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading. The structural parts thereof are not broken or unduly misshapen. 10044, § 7, 9-26-85) Sec. 54-137. Removal during hurricane. All newsracks shall be removed by the distrib- utor from the public rights-of-way upon the issu- ance of a hurricane warning or watch bulletin for an area encompassing the city by the National Hurricane Center, a unit of National Weather Ser- vice, National Oceanic and Atmospheric Admin- istration, U.S. Department of Commerce. (Ord. No. 10044, § 5, 9-26-85) Sec. 54-138. Abandoned newsracks. No newsrack shall remain empty for a period of fifteen (15) consecutive days. In the event a news- rack remains empty for that period, it shall be deemed abandoned, and may be removed in accor- dance with the provisions of this article. For pur- poses of this section, the word "empty" means: (1) a newsrack without any contents; or (2) a news- rack with contents which bear a date fifteen (15) days prior to the date of inspection. (Ord. No. 10044, § 6, 9-26-85) Sec. 54-139. Enforcement; violation; removal. (a) The enforcement of this article shall be ini- tiated by city personnel listed in City Code sec- tion 2-393 in accordance with the procedure set forth in City Code section 2-394 with the max- imum penalty for violation of this article as set forth in City Code sections 2-397(a) and (c). Cb) Notwithstanding anything to the contrary in paragraph (a) of this section, in the event a newsrack is found to violate a provision of this article, it shall be removed only al~er a notice of the violation is sent to the distributor by certified marl, return receipt requested, and the distrib- uter fails within thirty (30) days of the mailing of the notice to correct or cure the violation, unless the city manager issues a written order stating Supp. No. 48 3659 § 54-139 MIAMI CODE § 54-141 that the newsrack constitutes a serious and im- minent hazard to the public safety, in which case the newsrack may be removed immediately. In the latter event, a copy of the city manager's order, specifying the reason or reasons for the imme- diate removal of the newsrack shall be sent by certified mail, return receipt requested, to the dis- tributor. (c) Any distributor aggrieved by a decision to remove or by the removal of a newsrack shall, upon written request, be entitled to a prompt hearing before the city commission, at which time the distributor may show why the newsrack com- plies with the provisions of this article or why compliance should not be required. (d) Any newsrack removed from the public right-of-way shall be stored at the cost of the dis- tributor. The city shall be reimbursed by the dis- tributor for all costs incurred in the removal and storage of all newsracks removed from the public rights-of-way by the city. Within ten (10) days from the removal of any newsrack from the public rights-of-way, the city shall send the distributor and/or owner of such newsrack by certified mail, return receipt requested, notice of such removal. The city is hereby authorized to sell said news- rack at a public sale if said newsrack is not re- duced to possession of the distributor and/or owner within a period of ninety (90) days from the date of such removal. Ten (10) days prior to such sale, the city shall advertise notice of such sale in a daily newspaper of general circulation in the city. Out of the proceeds of the sale of any such news- racks, all unpaid removal and storage costs shall be paid after the payment of the advertisement cost and the remaining balance of the sale pro- ceeds shall be retained by the city in a fund in the possession of the city for a period of one (1) year unless claimed earlier by the distributor and/or owner. After the expiration of one (1) year, any sums arising from the sale of newsracks in accor- dance with the provisions of this section, if un- claimed by the distributor and/or owner of said newsracks, shall become the property of the city and be transferred to the city's general fund. (Ord. No. 10044, § 9, 9-26-85) ARTICLe, VIII. USE OF PUBLIC RIGHTS.OF.WAY BY COMMUNICATION SYSTEMS* Sec. 54.140. Statement of purpose. The city commission hereby finds and declares that it is necessary and reasonable for this article: (1) To regulate the erection, construction, re- construction installation, operation, main- tenance, dismantling, testing, repair and use of a communications system in, upon, along, across, above, over, under or in any manner connected with the streets, public ways or public places within the corporate limits of the city, as now or in the future may exist; (2) To provide the city with compensation for occupation and use of the city's rights- of-way for a private communications system; (3) To provide the city with compensation for acquisition and maintenance of city's rights- of-way when used for commercial purposes; and (4) To provide the city with compensation for the cost of regulation imposed by this ar- ticle on all communications systems. (Ord. No. 10438, § 1, 5-19-88; Ord. No. 11131, § 2, 3-24-94) Sec. 54-141. Definitions. For the purposes of this article and any agree- ment in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise spe- cifically provided in this article, unless the con- text clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the city commission and/or with F.S. ch. 337, as amended. Cable communications division means the city's cable communication division director or his des- ignee and any successor in interest. *City code cross reference-Cable communications, ch. 10.5. Supp. No. 48 3660 OFFICE OF THE CITY ATTORNEY CITY OF COP, AL GABLES City lq'all, 405 Biltmore Way Coral Gables, Florida 33134 ' -- FAX TRANSMISSION COVER SHEET- Company: Fax No.: Please deliver at once to: Depa~h~ent: Following is a -JO._ page transmission, cover sheet mcluded Time seat:,~ Date sent:~ From: ' ~;roh c, raaux Depa.ru'nent: Office of the Ci~Attorney Direct Line: (305) 460-5218 Fax (305) ,g60-5264 CO:¥FIDE3/TL4L fVOTE The documents accompanying this facsimile transmission contain informaffon belonging to the Coral Gables City Attorney's Office. This information may be confidential and/or legally privileged and is intended only for the use of the addressee designed above. If you are not the intended recipient, you re hereby notified that disclosure, copying, distribuaon or the taring of any action in reliance on the contents of this telecopied informaffon is strictly prohibit'ed S?REETS, SIDEWALK9 AND OTHER PUBLIC PLACES See. 22-184. Mainten~nce~f~ea~£tos/de- (~ ~the~ ~ a non~v~ ~ ~n w~k ~ ~e pro~ ~e, it s~ ~ t~e res~n- sibil~ty of the o~ar ~or ~p~t of~e e~y ~ m~e su~ that th~ ~e no hol~ or hidden ~n~rs ~ the unpav~ ~) ~enever the ~ty sh~l ~c~r t~t non- paved ~e~ ~ not kept in ~ ~n~tion, it sh~l Be the du~ of such employ~ of ~e ~, ~ the ci~ m~a~r sh~l desi~a~ to enfo~ th~ tion. te noti~ the o~er ~or ~t e~sting c~tion. The ~n ~ not,ed h~ve ten (10) days in which ~ ~ the ~ndi- tion. If the o~ ~or o~p~t f~l~ to comply ~ su~ no~, the ~ sh~ then ~c~ the n~ work ~d ~H ~s the ~t of su~ work a~st the ~. ~ ~ent. not p~d, sh~ b~ome ~ He~ ~ the p~. (C~e 1958. ~ 2~7(d): ~. ~o. 2782, ~ 1, Sec, 22.185. Removal of obstructions. ia) Written notice shall he ~ivan to the evener of the ab~tt/ng property t~ remove any t-fee, shrub, or othe~' obstruction upon any street, sidewalk, or swale area within the c/ry, If the owner of the abutting property fa/Is to comply w/th such movai of tree~, shrubbery, er obstruct/on within ten (10) days of receipt of the written notice, the city shal! then perform the necessary removal op- erations and shall assess the cost of said removal against the proper~y. Such ~ssessment,/fnet paid, shall become a lien aKalnst the proper~y. (B) If any tree, shrub, or other ohstruction upon any street, sidewalk, or swale area within the city crea~es an emergency situation involv/ng poten- tial dan~er to the health, safety, and welfare of the community, the city shall perform removal operations immediately, thus eliminating the emergency, and shall a~ess the cost of such rc- movai against the property. Such assessment, not paid, shall Become a lie~ against the property. {Code 1958, § 28-37(e); Ord. Ne. 2782, § 1, 5-24-88) Sec. 22-136. Issuance of notices restricted. The notices sent to preper~ owners as set forth above shall provide that only one (1) notice will he Sent for a period of one {1) year from the dat~ sent. Any and all other violations eccurr/ng under this m~cicle shall he remedied by the cit~ without fur. thor notice. (Code 1958, § 28-37(/); Ord, No. 2782, § 1.5-24-88) Sees. 22-1B'/--22-155. 10.eserved. ARTICLE VII. NEWSl~ACKS ON PUBLIC i~IGHTS-OF-WAY* Sec, 22-156. Definitions. The following words, te~ and phrases, when used in this article, shall have the meanings crihe~] to them in th/s section, except where the context clearly indicates a different meaning: ~:~aivalent newsrac~ me/~ns any newsrack which /s of the same sise, dimensions and style of the spec/fled newarack. If demand warrants or warranted demand means that the measured newspaper stack height needed to meet the newspaper publisher's or dis- tributer's peak annual distribution at the re- quested newsrack location, as proven by the news- paper publisher or distributor, exceeds fourteen (14) inches. ~Vewsracks means auy type of unmanned device for the vending or free distribution of newspapers or news periodicals. Public right-of-way means any public street, highway, Sidewalk, p~rkway or alley. (Code 1958, § 28-39; Ord. No. 2911, § 2, 5-15-90; Ord. No. 2984, § 1, 3-31-92) Sec. 22-157. Purpose and criteria, The purpose of the following ~s to promote the public health, safety and welfare through the reg- ulation ofpl~'ement, ty!o~, appearance, servicing, and insuring of newsracks on public rights-of-way so as to: (1) Provide for pedestrian and driving safety and convenience. Sopp, ~o. 2 1405 C 'd ~91589'¢ AIXV /,1I 0 NO;d_~ H¥95: 0 L 966 L-90-9 (2) Restrict unreasonable interference with the flow of l~les~ian or vehi~ ~e in- ~ud~g ~e~ into ~ e~ from idence or pla~ of bu~e~, or f~m ~he st~t ~ the side~k ~p~o~ e~ng er en~g p~ked or s~g vehicles, {3) provide for public and property safety dung hu~i~e ~i~o~. (4) Pr~de retable a~s for th~ us~ ~d m~n~n~ of ~I~, ~, ~c s~ or l~io~ ~sed for ~b~c ~on p~- po~. (5) ~ ~or ~p~ n~ whi~ ~ ~ei~n on th~ pu~c or w~ ~~ ~ f~ we~ ~ ~ hav~ aS~n~ n~ (5) ~*~ ~d p~ the v~ues o[ s~ ~and~ p~. (7} ~uce unne~ ~ ofth~ pubic (8} ~eat ~ n~pe~ ~u~y re~ of thek ~ze, con.t, ~a~ion, or f~usn~ of pubU~ticn. (9) M~n~n ~d pre~ ~om of th~ p~, (10) Coopera~ ~ the m~m~ ~th n~a~r dis~buto~. {Code 1958~ t 28-38; Ord. No. 2911, ~ 2, 5-15-90) Sec. 22-158, Certificate of compliance re- No person sh~l pl~, a~ ~, ~ or m~n~n a n~ck ~out ~ o~ng a ~me o~ ~fi~te of ~mpl~ for e~h ~ck in ~ ~ ~he ~sio~ of tide. {Code 195~, 1 2~10; Og. No, 2911, t 2, 5-1~90) Sec. 22-159, App~fl~ ~ ~ of ~r- t~t~ of compli~. coor~na~r sh~ be the publio ~r~ ~mr, ~e public works dlrt~tor is responsible for fairly ce- ordinating mid odminlstering the physical place- ment of newsracks of the type and location herein specified, and upon Complln~ce herewith is respon- sible for issuing the cer~ifieates of compliance. (b) Approving authorities. The approving au- thorities shall be the public servic~ director, the parking director and the public Works director. ~he public service dir~'tor shall provide review and approval only as to compliance with s~ction 22-166(8), The parking director shall provide view ILnd approval only as te complianc~ with tion 22-156(10). The public works director shall px~vide review and approval coordination wi~h the public sel~ic~ c~'tor and the parking director, as well as review and approval only ss to comply with sections 22-159(c), (e) through (g), 22-160 though 22-165, and 22`166(1) f~rough (?), (9). (e) Applic~Zi~. ~ne applicant shall file with the public v~rks director a written appiLication for an instel~tlon c~tiflcate ol' compliance which shall contain the following information: (1) The name, address and telephone number of the applicant who is the owrior ancot principal in responsible charge of the news- rack. (2) The name, address and telephone number of a responsible person whom ~he city may notify or contact at s~y time concerning the applicant's newsracks. (3) The number of newsracl~ and the propoSc~ location of each shown on a drawing pro- vided by public works as in subsection (d) below. (4) Names of newspapers or periodicals to be contained in each newsrack. (5} Type or brmad of newsracl~s, including an illustration and description of the news- rack and mount if other thazi a single pad- est-l, TK-80 PM or K-80 PM SHOP. ACK with special pedestal mount and fourteen- inch square bace plate (mandated) or TK-80 or K-80 SHORACK with special pedestal mount and fourteen-inch square base pla~e (allowed only if demand warrants at the irmtallation location), or a newsrack man- SUpp. No. 2 1406 E'd ~9~$09~ AIIV illO ~OM~ NVLS:OL 966t-90-9 S?RR2?S, SIDRWALKS AND OTHER PUBLIC PLACES 22-160 ufacizured with modifications to the door, window and cabinetry of the above- described newsracks te ae~mmodate verti- cally formatted ("tabloid-type") newspaper display and distribution, as per section 164. shall: Procedure, The public works department Develop a map which is to a large enough scale to show general citywide locations o£ newsracks by each publisher or distributor. (2) Request a list of proposed newsrack loca- tions, m~rked on the abo~e map, fcom each distributor. (3) Prepare a scale drawing or aerial photo- graph of each newSrack location showing the position and me of e~h newsrack at that location. (4} Obtain approvals of the above newsrack drawin~ from the parking director and the public service director. (5) Obtain con firmaiion approvals of the above approvecl newsrack drawincz from each dis- trihutor. (6) Have the public works survey crew, fol- lowing certificate of compliance issu~co, then mark placement locations with a tem- plate so that installation crews will have no problem, (e) Issuance of certificate of compliance. Upon a finding by the public works direc~r that the ap- plicant is in compliance with the provisions of tltis article ~nd having received the required approvals from the parking director and public service di- rector, the public works ~irector shall cause to he issued a certificate of compliance for installation by the newspaper publishing company. Such issu- ance shall be made within five (5) working days of the city's receipt of the completed application. (i) Denial of certificate of compliance. If a cer- tificate of compliance for sOme newsrack location applied for shall be denied,/he applicant shall be notified within five (5) working days of the city's receipt of the completed application. The appli- cant shall be advised of the specific cause of such denial by the public works director, who will sug- gest alternative locations therefor. The applicant may reapply for substitute alternative location at no additional certificate of compliance fee. (g} Additional certificate of compliance. If at any time initial application for an installation certif- icate of compliance a publisher wishes to install additional newsraclis, then subsections (c) and (d) above are to be repeated in accordance with the provisions of this a_-ticle, Under section 22-160, any additional returnable bond deposit required will credit any amount still on account. Addi- tional certificate of compliance fees shall be in accordance with section 22-161 except that the fitty-dollar publisher's fee is waived if previously paid. (Code 1958, § 26-44; Ord. Bio. 2780, § 1. 5-9-88; Ord. Ho. 2911, § 2, 5-15-90; Ord, Bio. 2984, § 1, 3-31-92) Sec, 22.160. ln.qurauce. (a) Prior to the issuance of a certificate of com. pliance by the public works director, the appli- cant shall furnish to the public works director a certificate of insurance and a one-time only re- turnable bond deposit, both i~ specific accordance with the terms of section 22-113, except that re turnable bonding amounts for newsrack installa- tions shall be'- Total Proposed News- racks Total Returnable Bond 1 to 4 $150.00 5 to 10 300.00 11 to 20 500.00 21 and up 700,00 Ih) Reasonable evidence of equivalent: self- insurance coverage may be substituted by the ap. plicant for the above certificate of insurance. In- surance under this section shall rtln continuously with the presence of the applicant's newsrack in city right,-of-way, and any termination or lapse of such insurance sh.ll he a violation of this article, subject to appropriate remedy by the code enforce- ment division under section 2-61 et seq. of this Code. (Code 1958. § 2845; Ord. No. 2911, § 2, 5-15-90; 0rd, No. 2984. § 1, 3-31-92) Supp, No. 2 1407 ~ 'd ~'9C509t' /J.iV /J-lO ~0~-~ HV95:0[ 9~6L-90-9 § 21.161 CORAL GABLES CODE Sec. 22-161. Fees. There shall be a one-time only certificate ofoom- pli~nce fee in the mnount of fifty dollars ($50.00) for each newspaper publisher plus ten dollars ($10.00) per newsrack. Felled inspectiorm are sub- ject to a relnepe~ion fe~ of five dol~al'e ($~.00). All of the above fees will be ~ to &~fray adminis- trative expenses relating to thi~ a~t/cle only, and any revenues over expanses remaining after the implementation of this article will be returned to the new~paper publishers in proportion to their respective contributions. (Code 1958, § 28-46; Ord. Bio. 2911, § 2, 5-15-90: Ord. No, 2984, § 1, 3,31-92) Sec. 22-162. Appeals. Any applicant who has ~ denied a c~rtifieate of compliance purStumt to the provisions of this article may file an appeal ~eith the city commis- sion by requesting in writing to the city manager appearance before the commission to review such denial. The appeal shall be heard by the esmmi~ sion within th/try (30) days of the filing of the appeal or at the next re~L~r]~ scheduled a~enda, whichever is sooner. The decision of the commi~ sion on appeal is subject to judicial review as pro- vidsd by the laws of the eta~_ (Code 1958, § 28-46; Ord. No. 2911, § 2, 5-15-90; Ord. No. 2984, § 1, 3-31,92) Sec. 22-163. Placement generally. Subject to the prohibitions set forth in section 22~166, newsracks shall be placed parallel to and no~ less than eighteen (18} inches nor more tha~ twenty-four (24) inches from the ed~ of the curb. Newsracks placed near the wall ora building must be placed parallel to and not more than six (6) inches from the wall. (Code 1958, § 28-41(a); Ord. No. 2911, § 2, 5-15-90; Ord. llro. 2984, § 1, 3-31.92) Sec. 22-164. I~stallation and maintenance. (a) Newsracks shall be single pedestal TK-80 PM or K-80PM SHORACK with special'pedestal mount and fourteen-inch square base plate (man- dated) or TK-80 or K-80 SHORACK w/th special pedestal and fourteen-inch square base plate (al- lowed 0nly ffdemand warrants at the installation location) or equivalent. Manufactured modifica- tions to the door, window and cabinetry for the above-described newsracks to accommodate verti- cally formatted, "tabloid-tyl~e" newspaper display m~d distribution are acceptable. (b) Newsracks shall have gloss brown pedes- ~1% gloss bei~ sides and door and gloss brown coin box. The height of the cabinet top of all news- racks shall be thirty-nine (39) inches above the finished ~rade level. (c) Blewsreck~ shall csrry no card holders or ad- vertising except the name of the newspaper being dispensed centered l~teen (15) inches from the top of the cabinet, with duplicate lett~rit~on the front, sides and back of the ~-l, inet, such lettering not exceeding one and three-quarters (IS/.) inches in height. The above fifteen-inch dimension may he a~usted on the door by the manufacturer to ac- commodate modifications for verti~nlly formatted, "tabloid-type" newsracks. (d) l~ewsract~ for free newspapers may omit tl~e coin box and may have the pull bar welded to the door to produce an "honor rack." (e) Newsracks shall be maintained in good working order at all times, freshly painted and with unbroken hoods. (fl Mounts shall be bolted in place through four (4) standard holes in the base place in accordance with standards provided in section 22-165, News- rack cabinet tops shall be installed and checked for level; a water-soluble, paintable, ten-year calk of gloss brown color, matching the base plate, shall be applied a. nd wiped te zeal around the ba~e plate and the mounting surface. (Code 1958, § 28-41Co); Ord. No, 2911, § 2, 5-15-90; Ord. No. 2984, § 1, $-31-92) See. 22-165. l~lew~rack mounting standards. The following standard~ shall be applicable to the mounting of newsracl~ in this city: (1) Foundation four-inch minimum concrete, twenty-five hundred (2500) psi (twenty- eight-day strength), CJass I. (2) Two-inch minimum concrete edge distance for bolts. Supp. No. 2 1408 S'd VgCSOgV A±±V X±IO HO~ HV~S:OL 966L-90-9 b'I'R2~I~ SIDEWALKS AND OTHER PU2LIC PLACES § 22-186 (3) One half-inch chamfer ell concret~ (4) Three-eight~-inch diameter hot.dippe~ vanized hex bolt mounts, three-inch min- imum imbedment, threads down, through four (4) comers of the pedestal bns~, (Code 1958, § 28-47; Ord. No. 2911, § 2, 5-15-90; Ord. No, 2984, § 1, 3-31-92) Sec. 22-166. Specific prohibitions. !~'o newsrack shall he placed, installed, used or mai ntained: Witltin five (5) feet of any marked cro~s. walk_ ( ) Wif~in ton (10) feet of any unmarked cress- wslk. (3) Within ten (10) feat of lmy Fu~ hydrant, fire call box, police call box or other emergency ra~lity. (4) Within five (5) feet of any driveway. (5) Within five ($) feet shell of, a~d fifteen (1~) £eet to the rear of arly sign marking a designat~l bus stop, measured along the ed~ of pavement. (6) Within two (2) feet.of ~my bus bench, or plaza bench. (7) At any location wherel:.e the dear spare for pes..~ageway o£pe~lestri~,_ns is reduced to less than six (6) feet. (8) Where a vertically protruding member of the newsracks is on or within twelve (12) inches of any area improved with la,wa or hedges or within three (3) feet ef flowers or trees. (9) Within three (3) £eet 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 display purpose, er within five (5) feet of a building entrance. (10) On or within two (2) feet of signs, parking meters, street lights or utilit~ poles. (Code 1958, § 28-42; Ord. No. 2911, § 2, Ord. No. 2984, § 1, 3-21.92) Sec. 22-167. Enforcement procedures-Non- Within one hundred fit~ (150) day~ of the er- festive date of Ordinance No. 2911 and at any time thereafter, any newsrack in vlolaf, ion of any provision of this article shall be subject to remedy m~d due process under the provisions of seCtion 2-61 et seq. of this C~]a pertaining to the code enforcement board. (Code 1958, § 28-43(a);' Oral No. 2911, § 2, 5-15-90) Sec. 22-168. Same--Abandoned new,racks. (a) If any newsrack installed pursuant to this a.~icle does not contain the publication specified therefor within a period of forty-eight (48) hours after releaze of the c~ ~rrent issue, the code enforce~ meat division may &.,em the newsrack abandoned and take approprlat.~ action under section 2-61 et seq. of this Code. In addition, a newsrack shsll be deemed abandoned when no publication is in the newsrack for a period of more than seven (7) con- secutive days, ~) In the event a new~paper publishing com- pany or its distributor desires to voluntarily abandon a ncwsreek l~cation, the distributor shall notify the public works director, completely move the newsrack and mount, and restore the public right-of-way to a safe condition, leaving no holes or projections in the mounting surface. (Code 1958, § 28-43(b); Ord. No. 2911, § 2, 5-15-90) Sees. 22-169--22-195. Reserved. AI~TICLE ~111. PUBLIC PLACES* Sec. 22-186. Definitions. The words "public place" or "public places," for the purpose of this article, shah mean, streets, sidewalks, parkways, highways, boulevards, ave- hues, alley~, plazas, medians, entrances and any and all spaces dedicated to the public use or used in any way by the city for the benefit of the public, -c'~s~ ~.efereaees-Litter ia public pisces pmhiblt~. § 16.991Moks ~md ~.xeat~an, Ch. 17. 1409 9'd I~O~V A.LJ.V AJ. IO blO~l~ HV6~:OL 966L-9~)-9 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, C June 12, 1996 Street Lighting Services - Policy Direction June 187 1996 City Council Meeting Aqenda Item Recommendation It is recommended that the City Council adopt a motion to authorize the City Manager to implement the following policy regarding street lighting services: Street Lighting Services Policy - The City of Aventura shall provide, through Florida Power & Light, and assume the cost of street lighting services as the City Manager deems necessary in the public rights-of-way with the boundaries of the City. The City Manager is directed to provide for an orderly transfer of these responsibilities and associated costs relating to street lighting in existing public rights-of-way currently under the jurisdiction of non-governmental entities or associations. The City Manager is also authorized to initiate a study to determine areas of the City where additional street lighting in public areas is required. Back.qround Street lighting within public rights-of-way are normally the responsibility of local government. This is an important service in order to protect the safety and property of the residents and business in the community. At this time, there are various non-governmental agencies (i.e. Joint Council, lighting districts) assuming the responsibilities and costs associated with street lighting in the public rights-of-way. They should become the responsibility of the City of Aventura. I have contacted FPL to determine the cost associated with the service requirement. We are also investigating where street lighting districts may exist and what can be done to dissolve them. If the recommended policy is adopted, the costs associated with the City assuming the street lighting service will be included in the 1996/97 budget. Funding is included in the 1995/96 budget to begin the transition process. The adoption of the recommended policy and subsequent implementation will result in a cost savings to the associations and residents currently assuming the costs of the street lighting in public right-of-ways. In addition, we will commence a study to identify areas in the City where street lighting should be added. If you have any questions, please feel free to contact me. EMS/ne CCO013-96 ClTY OFAVENTURA OFFICE OFTHE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council i~~e Eric M. Soroka, C r June 18, 1996 Special Taxing Districts Established Within Aventura Attached is correspondence from Dade County regarding special taxing districts established in the City. It appears that the Aventura Jewish Center Street Lighting District and Biscayne Lake Gardens Street Lighting Improvement Special Taxing District were established to provide street lighting within public rights-of- way. That being the case, I have asked the City Attomey's office to investigate the possibility of dissolving the Districts. The City would then be responsible for assuming the street lighting services. Further updates will be forthcoming. EMS/ne cct..~hment Harry Kilgore, Director of Finance Support Services Richard J. Weiss, Esq. David M. Wolpin, Esq. CC0020-96 ClTY OFAVENTURA OFFICE OFTHE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council C,J,,~ Eric M. Soroka, C,~/a~ger ~,( ! June 18, 1996 ~,,I Municipal Revenue Sharing Commissioner Betty Ferguson Plan Proposed by Dade County Attached hereto is a copy of the subject document. The document represents a proposed Revenue Sharing Plan. The main points of the plan are as follows: 1. The County would levy municipal taxes up to three (3) mills. The proceeds would become the "Municipal Revenue Sharing Pool (MSRP)." 2. The entire proceeds of the MRSP would be divided among all cities and the unincorporated areas, according to a formula based solely on population. 3. A City's share of the MRSP would be based on a percentage of the County's total population. This amount would then be applied to the total amount of rev~enues generated by the MRSP. 4. The plan would lower the millage rate cap from 10 mills to 7 mills and would require a Countywide referendum. 5. The effect on the City of Aventura would be as follows: Mill Level Revenue Loss Tax Increase Needed 1 Mill $1,757,59 . .7114 2 Mill 3,514,518 1.4229 2.227 Mill 3,913,416 1.5844 6. The plan primarily benefits the following jurisdictions assuming the 2.227 mill level. Unincorporated: $4,069,576 Miami: 6,204,520 Hialeah: 7,363,194 7. Fourteen of the 28 cities would become donors and lose revenues to the MRSP. The matter was set to be heard on the County Commission agenda today. There are several constitutional issues that would be required to be addressed for the matter to proceed. Overall, the proposal attempts to penalize and reallocate revenues from those cities that have a strong tax based like the City of Aventura. If required, further analysis will be forthcoming. EMS/ne Attachment cc: Harry R. Kilgore, Director of Finance Support Services Richard Jay Weiss, Esq. CC0021096 2 MUNICIPAL REVENUE SHARING PLAN FOR DADE COUNTY 6/7/96 Overview The "Fair Share Municipal Revenue Sharing Amendment," as desen'bed herein, would give the Dade County Board of County Commissioners the power to reallocate among Dade County's municipalities by population, rather than by point of origln, up to thirty percent ofthe municipal property taxes authorized by law to be levied by municipalities.~ The effect of the Amendment would be to reduce revenues available to mtmieipalities with higher than average per capita tax bases, and increase revenues for those municipalities with per capita tax bases below the County wide average. More specifically, the Amendment would permit the County Commission to levy munici- pal property taxes on all real and personal property within Dade County up to a maximum of three m~l~, the proceeds of which would become the "Municipal Revenue Sharing Pool" (or "MRSP'). To the extent the County levied municipal property taxes using this Amendment, it would operate to reduce the power of Dade County muuleipalities to levy municipal property taxes so that the total allowed MRSP levy plus the municipal levy would not exceed the existing maximum often mills. The entire proceeds of the MRSP would he divided periodically (as taxes were paid) among all municipalities according to an annually adjusted formula based solely on population rather than on point of origin. The annually adjusted formula would give to each municipality a share of the MRSP deter- mined by caieulating each municipality's population as a percentage of the county's total population. This percentage would then be applied to the total amount of revenues placed in the MRSP to determine the share to which each municipality would he entitled. Because the Amendn~nt will operate to reduce municipal revenues in certain cities, the power given to the Commission would be phased in as follows: one mill the first year, two mills the second year, and three mills the third year. In order to give equal treatment to all municipalities within Dade County, any municipal millage rate of less than three mills would represent the cap under the plan unless and until such time as it reached the three mill leveL. This Charter amendment would not increase the ten mill municipal property tax cap cre- ated by Florida law. Each municipality would retain the absolute right to levy or not levy the remaining seventy percent (seven mills) of the municipal property taxes authorized by law, together with that portion of the MRSP-allowed amount which had not been rea[lo- cated by the County Commission. ~ A Charter amendment is required to implement the Fair Share Municipal Tax Program because today, Dade County's cities are allowed by the Charter to keep for themselves all of the municipal taxes raised within their jurisdictions. Fiscal Impact of the MRSP: Description of Tables 1.1~ 1.2 and 1.3 Under this plan, the pooled millage, or MRSP, would be extracted bom existing munici- pal levies (i.e., it would not be levied in addition to current municipal millages). Tables 1.1, 1.2 and 1.3 have been prepared to show how participation in the proposed MRSP would affect the 28 existing municipalities in Dade County, as well as the "Unincorporated ,-Municipal Service Area," or "U.M.S.A." at three levels of pooled millage: 1 mill 2 mil[q, and 2.227 mills.2 Following is a description of the tables: Column A lists all the cities in the County, including Aventura and Pinecrest, since offi- cially they are cities. U.M.S.A. tax base and population figures have been adjusted to reflect this fact. In addition, the U.M.S.A. millage rate has been assigned to these two municipalities, since both cities have yet to levy a millage. Column B shows the most recent (1994) population estimates for all the cities in the County. Column C lists each city's percent of the total County population. Column D, "1995 Total Taxable Assessed Value," represents the 1995 assessed value for both real and personal property for each jurisdietio~ Column E, "Per Capita Assessed Value," is obtained by dividing the "1995 Total Taxable Assessed Value" for each municipality (column D) by its population (column B). Column F shows the exi~ing municipal millage rates. Column G, "Current Revenue/Tax Level," represents the total value of current municipal millage rates, adjusted to comply with the state law which limits budgeted revenues to 95 percent of estimated revenues. This is calculated by multiplyin~ the "Total Taxable As- sessed Value" (column D) by the 95-96 millage rates (column F), dividing by 1,000 and multiplying by 95%. Column H, "Value of Contn'bution," shows the value of pooled millage contn'buted by each city, also adjusted to 95% of total. This is calculated by multiplying the "Total Tax- able Assesed Value" (column D) by the pooled millage amount, dividing by 1,000 and multiplying by 95%. Column I, "Allocation from Pool," shows the dollar value of the allocation of pooled millage revenue to the cities. This is calculated for each city by applying its "Percent of 2 Although the proposed Amendment would render up to 3 mills of municipal millage subject to the MRSP, Table 1.3 presents data for a millage pool of 2.227 mills, since this is the current millage rate of the Unincorporated Municipal Service Area. Total" population (column C) to the total value of the millage pool (the total of column Column J, "Revenue Cmin/Loss" (column J), is the difference between columns I and H, and represents the mount of revenue that each city stands to gain or lose through part- i¢ipation in the millage pool at any one of the given levels of pooled millage. This figure also represents the mount by which any municipality's total millage capacity would in- crease or decrease, regardless of its current millage rate. Column K, "Revenue Received Under the Plan," represents the total revenues received by each municipality, net of any gain or loss achieved through the millage pool (i.e., the total of columns G and J), at their current millage rates. Column L, "Remaining Millage Capacity," is the amotmt of millage remaining under the 10 mill cap (ten, minus column F). Column M, "Value of Remaining Millage Capacity," is the dollar value of each city's remaining millage capacity (column L), also adjusted to 95% of total. Lastly, column N, "Millage Adjustment Needed to Restore Revenue," represents the mounts by which donor municipalities would increase current millage rates in order to make up for the losses incurred through the millage pool (this also represents the millage equivalent of column J, adjusted by the 95% factor). Conclusions Of the 29 municipalities considered, this plan has the effect of creating 12 "donor" munici- palities, 15 "recipient" municipalities, and 2 municipalities on whose revenues the MRSP would currently have little impact (although Miami Springs and North Bay Village would become donor municipalities, each would experience very small losses through the millage pool). Recipient municipalities would have a combined population of 1,764,774, or nearly eight times as much as donor municipalities (225,658). At the 1 mill level, total transfers from donor municipalities to recipient municipalities would be approximately $10.25 million. At 2 mills, this transfer increases to $20.5 million, and at 2.227 mills, to $22.83 million. Donor municipalities would be faced with the decision to make up for none, some, or all of these lost revenues through adjustments in their millage rates (or poss~ly through non~property tax revenue sources). Tables 1.1, 1.2 and 1.3 also examine the question, "Would donor municipalities be able to effect these transfers and restore their revenues to current levels solely through adjust- ments in their millage rates? At the I mill level (see Table 1.1) all donor municipalities except for one, Indian Creek Village, would have enough remaining millage capacity to be able to offset all ofthek pooled millage losses by increasing tbek millage rates, thereby restoring revenues to their current levels. As can be seen by comparing column N, "Millage Adjustment Needed to Restore Revenue" (for donor municipalities) with column L, "Remaining Millage Capacity," Indian Creek Village would need more of an adjustment than it has millage capacity remaining (.9788 additional mills needed vs..04 mills let~). This means that even .'if it raised its millage rate to the statutory limit of 10 mills, it would find its revenues $84,432 lower than current revenues (i.e., $88,030 lost through MRSP, or column J, offset by $3,598 in column M, or the value of the .04 additional mill`q remaining). The municipality would more than likely have to find non-property tax revenue sources to make up for the loss. At the 2 mill level (see Table 1.2), three donor municipalities, Indian Creek Village, Gold- en Beach and Medley would not have enough remaining millage capacity to be able to totally offset pooled millage losses through adjustments in their current millage rates. Even by raising its levy to 10 mill.q, Indian Creek Village's revenues would be $172,462 lower than its current revenues (i.e., $176,060 lost through MRSP offset by $3,598, or .04 mills); Golden Beach's revenues would be $88,341 lower (i.e., $342,603 lost through MRSP offset by $254,262); Medley's revenues would be $58,849 lower (i.e., a $952,814 loss offset by $893,965). Table 1.3 shows what the fiscal impact would be at the 2.227 mill level. According to the proposed municipal revenue sharing plan, up to a total of 3 mills can be included in the millage pool for revenue sharing purposes. However, this scenario is being presented since this is the Unincorporated Area's current millage rate. At this level, the same three municipalities would not be able to completely offset pooled millage losses through adjust- ments in their current millage rates. Indian Creek Village's revenues would be lower than current revenues by $192,~.44 (-$196,042 plus $3,598); Golden Beach's revenues would be lower by $127,226 (-$381,488 plus $254,262); Medley's revenues would be lower by $166,994 (-$1,060,959 plus $893,965). For donor municipalities, the values in column J, "Revenue Gain or Loss" represent the amounts by which the total "effective" value (or the value to each municipality) of their 10 mill levy would be reduced through pooled millage requirements, regardless of their current millage rates. Conversely, for recipient municipalities this represents the amounts by which the value of their 10 mill levy would be increased. That some municipalities would see reductions in current levels of revenue that already would not be recoupable through adjustments in their existing millage rates is a function of how high their current millage rates are and how much they stand to lose through the shared millage concept. ,nicipal Revenue Shadng Plan: Pooled Millage of 2,227 Mills A Bal Harbour Harbor Islands Portal 3olden Beach ' Sur~side Donor Cities D 1995 Assessed Value G+J G H I J K Contribution From Pool Revenue Under Plan 560,639 386,509 -174,129 251,591 23,373,103 -- -6,197,560 203,564 122,697 881,068 978,426 9,238,060 7,363,194 41,502,948 2.552,358 881,346 151.680 4,854,065 895,805 200.297 4,255 M N Value of 102,179,335 23,704.712 29,909,240 158,423 19.450,465 45,836 354,132 7,342,329 1,131 3,127,310 893,965 2,759,093 828,246 104,768 -2,878 8,815,052 2,465,602 4,124,050 1,658,448 8,307,912 3,550,080 860,565 -302,087 1,980,797 787,299 344,291 ~!43,008 1,537,790 403,061 1,442,872 184,909 259,090 469,800 1,401,142 83,358,659 228,862 162,853,695 162,853,695 348,343,533 99,504,901 348,343,533 -22,830,456 76,674,445 r44,390,749 622,695 3,598 13,640,536 489.574 1,022,399 2,256,352 2,129,934 72,186 1,670,626 0.5786 1,114,888 223,623 276,746,313 *Note: Golden Beach, Indian Creek Village and Medley would only be able to partially offset reductions in current revenue levels by the amount of the value of their remaining millage capacity (CoL M). Table 1.2 Municipal Revenue Sharing Ptan: Pooled Millageof 2 Mills "MiI[-A" D/B (D'F)/1000*.95 D'2)/1~000'.951 C'Total HI I-H G+J 10-F (D*L)I1000*.95(-J*1000/D)I.95 A B C D E F G-- I II J K L M N 1995 2 MILL LEVEL Value of Millage Per~ent Total Taxable Per Capita 95-96 Current Value of Allocation Revenue Remaining Remaining Adi. Needed 1994 of Assessed Assessed Millage Revenue/Tax Contdbu8on From Pool Revenue Received Millage Millage to Restore Ju~;~di~t;on Popula[ion Total Value Vatue Rates Leve~ (2 MillsI (2 Mills) Gain (Loss) Under Plan Capacity Capac~ Revenue ~ventura 19,400 0.975~ 2,600,000,000 134,021 2.2271 5,500,690 4,940,000 1,425,482 -3,514,518 1,986,172 7.7730 19,199,310 1.422 BSt Harbour 3,033 0.152% 800,728,000 264,005 3.4000 2,586,351 1,521,383 222,860 -1,298,523 1,287,828 6.6000 5,020,565 1.707 ~a¥ Harbor Islands 4,724 0237% 264,996,000 56,096 4.8490 1,220,717 503,492 347,112 -156,380 1,064,337 5.1510 1,296,745 0.6212 Biscayne Park 3,075 0.154% 72,505,000 23,579 7.700{ 5:~0,374 137,760 225,946 88,187 618,561 2.3000 158,423 7.omi Gables 40,813 2.050% 4,507,744,000 110,449 ' 5.4580 23,373,103 8,564,714 2,998,879 -5~565,837 17,807,266 4.5420 18,450,465 1.2997 =-I Portal 2,488 0.125% 38,223,000 15,363 8.7377 317,282 72,624 182,814 110,191 427,473 1.2623 45,836 -~o~da City 4,552 0.229% 130,021,000 28,563 7.1330 881,068 247,040 334,474 87,434 968,502 2.8670 354,132 Soiden Beach * 820 0.041% 212,029,000 258,572 8.7377 1,760,014 402,855 60,252 -342,603 1,417,411 1.2623 254,262 1.700~ HJa~eah 202,904 10.194% 4,366,535,000 21,520 8.23{30 34,139,754 8,296,417 14,909,074 6,612,657 40,752,411 1.7700 7,342,329 Hialeah Gardens 10,772 0.541% 344,890,000 32,017 7.7900 2,552,358 655,291 791,510 136,219 2,688,577 2.2100 724,097 Homestead 22,067 1.109% 497,170,000 ~ R~n 8.6816 4,100,420 944,623 1,621,449 676,826 4,777,246 1.3184 622,695 Indian Crk. Village * 52 0.003% 94,674,000 1,820,654 9.960( 895,805 179,881 3,821 -176,060 719,746 0.0400 3,598 1.9578 Key Biscayne 8,847 0.444% 1,767,457,000 199,780 3.800{: 6,380,520 3,358,168 650,064 -2,768,104 3,672,415 6.2000 10,410,322 1.6178 Medley * 866 0.044% 534,672,000 617,751 8241£ 4,188,269 1,016,447 63,632 -952,814 3,235,455 1.7590 893,965 1.8748 M~ami 365,557 18.366% 11,204,458,000 30,650 9.599~ 102,179,335 21,288,470 26,860,566 5,572,095 107,751,430 0.4005 4,263,016 Miami Beach 93,681 4.707% 5,741,087,000 61,283 7.4990 40,899,791 10,908,065 6,883,536 -4,024,53C 36,875,261 2.5010 13,640,536 i 0.7376 Miami Sho~es 10,123 0.509% 341,965,000 33,781 8.493~ 2,759,063 649,734 743,822 94,08.c 2,853,182 1.5070 489,574 Miami Springs 13,343 0.670% 516,097,000 38,679 6.700~ 3,284,957 980,584 980,423 -151 3,284,796 3.3000 1,617,~64 0.0003 No~h Bay Village 5,613 0.282% 218,431,000 38,915 5.0730 1,052,695 415,019 412,435 -2,58~ 1,050,111 4~9270 1,022,399 0.01~5 North Miami 50,405 2.532~ 1,165,411,000 23,121 7.6620 8,815,052 2,214,281 3,703,682 1,489,401 10,304,453 2.0380 2,256,352 Norlh Miami Beac~ 35,596 1.788%i 1,019,107,000 28,630 7.8000 7,551,583 i 1,936,303 2,615,539 679,23E 8,230,816 2.2000 2,129,934 Dpe-Lecka 16,339 0.821% 376,928,000 23,253 9.8000 3,537,130 721,863 1,200,565 478,701 4;015,831 0.2000 72,186 ~inecrest 19,740 0.992% 1,338,175,000 67,790 2.2270 2,831,110 2,542,533 1,450,495 -1,092,068 1,739,042 7.7730 9,881,553 0.8596 So~th Miami 10,518 0.528% 549,548,0~0 52,248 6.8000 3,550,080 1,044,14t 772,846 -271,295 3,278,785 3.2000 1,670,626 0.5197 ~urfside 4,208 0,211% 372,131,000 88,434 5.6030 1,980,797 707,049 309,167 -397,852 1,582,946 4.3970 1,554,447 1.125'~ · -'~v~e~ 14,067 0.707% 190,514,030 13,543 3.8400 694,995 361,977 1,033,622 671,645 1,366,640 6.1600 1,114,888 vir!~{nia Gardens 2,260 0.114% 73,113,000 32,351 32950 228,862 138,915 166,061 27,147 256,009 6.7050 465,712 West Miami 5,742 0.288% 156,407,000 27,239 8.4950 1,262,244 267,173 421,913 124,74~ 1,386,984 1.5050 223,623 U.M.S.A. 1,018,827 51.186% 37,477,410,000 36,785 2.2270 79,289,082 71,207,079 74,861,839 3,654,76~ 82,943,843 7.7730 276,746,313 TOTALS: 1,990,432 100.0% 76,975,726,000 38,673 348,343,533 146,253,879 146,253,879 0 348,343,533 Donor Cities 225,858 11.34% 99,504,901 37,084,331 15,581,002 -20,503,329 79,001,572 Recipient Cities 1,764,774 88.66% 248,838.632 109,169,548 129,872,877 20,503,328 269,341,960 *Note: Golden Beach, Indian Creak Village and Medley would only be able to partially offset reducSons in current revenue levels by the amount of the value of their remaining miltage capcity (Col. M). "Mill-A" D/B (D'F)/1000*.95 (D'1)/1000~.95t C'TOtalH I I-H G+J 10-F (D%)/1000*.95 [-J'I860/D)L~o A B C D E F GHt II J K L M N 1995 I MILL LEVEL Value of Millage Percent Total Taxable Pe~ Capita 85-~6 Current Value of Allocation Revenue Remelnin Remaining Adj. Needed 1994 of Assessed Assessed Millage Revenuerrex Contribution From pool Revenue Received Millage Millage to Restore Jurisdiction Population Total Value Value Rates Level (1 Mill) (1 Mill) Gain (Loss) Under Plan Capacity C~,,,~[~- Revenue 1,757,259 Aventura 19,400 0.975% 2,860,000,000 134,021 2.2270 5,500,690 2,470,000 712,741 -1,757,259 3,743,431 7.7730 19,199,310 0.7114 8al Harbour 3,033 0.152% 800,728,000 264,005 3.4000 2,586,351 760,692 111,430 -~49,262 1,937,090 6.6000 5,020,865 0.853u 9ay Harbor islands 4,724 0.237% 264,996,000 56,0g~ 4.8490 1,220,717 251,746 173,556 -78,190 1,142,527 5.1510 1,296,745 0.310u Eiiscayne Park 3,075 0.154% 72,505,000 23,579 7.7000 530~374 68,880 112,973 44,093 574,467 2.3000 158,423 .ComlGables 40,813 2.050% 4,507,744,000 110,449 5.4580 23,373,103 4,282,357 1,499,438 -2,782,919 20,586,185 4.5420 19,450,465 ' 0.649~ El Portal 2,488 0.125% 38,223,000 15,363 8.7377 317,282 36,312 91,407 55,095 372,377 1`2623 45,886 Florida City 4,552 0.229% 130,021,000 28,563 7.1330 881,068 123,520 167,237 43,717 924,785 2.8670 354,132 ~o~den Beach 820 0.041% 212,029,000 258,572; 8.7377 1,786,014 201,428 30,126 -171,301 1,588,712 1,2623 254,262 0.8504 Hialeah 202,904 10.194% 4,366,535,000 21,520 I ' 8,2300 34,139,754 4,148,208 7,454,537 3,306,329 37,446,082 1;7700 7,342,329 -flaleah Gardens 10,772 0.541% 344,890,000 32,017 7.7S00 27R3.Rr,8 327,646 395,755 68,109 2,620,468 2,2100 724,097 ~omestead 22,867 1.109% 497,170,000 22,530 8.6816 4,100,420 472,312 810,725 338,413 4,438,833 1.3184 622,695 ndian Crk. Village * 52 0,003% 94,674,000 1,820,654 9.9600 895,805 8g,940 1,910 -88,030 807,776 0.0400 3,598 0.979u ~ey Biscayne 8,847 0.444% 1,767,457,000 199,780 3.8000 6,380,520 1,679,084 325,032 -1,354,052 5,026,468 6.2000 10,410,322 0.806, vledley 866 0.044% 534,972,000 617,751 8.2410 4,188,269 508,223 31,816 -476,407 3,711,862 1.7590 893,g65 0.9374 ~liami ~.r~7 18.3865{ 11,204,458,000 30,550 9.5995 102,179,335 10,644,235 13,430,283 2,786,048 104,965,383 0.4005 4,263,016 'Miami Beach 93,681 4.707% 5,741,087,000 61,283 7.4S90 40,899,791 5,454,033 3,441,768 -2,012,265 38,887,526 2,5010 13,640,536 0.368~ Miami Shores 10,123 0.509% 341,965,000 33,781 8.4930 2,759,093 324,867 371,911 47,044 2,806,138 1.5070 489,574 Miami Springs 13,343 i 0.670% 516,097,000 38,679 6.7000 3,284,957 490,292 490,212 -81 3,284,877 3.3000 1,617,964 0.0002 North Bay Village 5,613 ' 0.282% 218,431,000 38,915 5.0730 1,052,695 207,509 206,217 -1,292 1;051,403 4.9270 1,022,399 0.8602 No~h Miami 50,405 2.532% 1,165,411,000 23,121 7.9620 8,815,052 1,107,140 1,851,841 744,700 9,869,753 2.0380 2,256,352 North Miami Beacfl 35,596 1.788% 1,019,107,000 28,630 7.8860 7,551,583 868,152 1,307,770 339,618 7,891,201 2.2000 2,129,934 Opa-Lock= 16,339 0.821% 379,928,000 23,253 9.8000 3,537,130 360,932 600,282 239,351 3,776,480 0.2000 72,186 Pinecrest 19,740 0.992% 1,338,175,000 67,790 2.2270 2,831,110 1,271,286 7~S.~R~ -546,034 2,285,076 7.7730 i 9,881,553 0.429u South Miami 10,518 0.528% 549,548,000 52,248 6.8000 3,860,860 522,071 386,423 -135,647 3,414,433 3.2000 1,670,626 0.259u Surtside 4,2868 0`211%; 372,131,000 88,434 5.8630 1,980,797 353,524 154,599 -198,926 1,781,872 4.3970 ! 1,554,447 Sweetwater 14,867 0.707~ 190,514,000 13,543 3.8486 694,995 180,986 516,811 335,822 1,030,818 6.1600 1,114,888 Virginia Garde~ts 2,260 0.114~ 73,113,000 32,351 3.2950 228,862 86,457 83,031 13,573 242,435 6.7050 465,712 I 324,614 223,623 West Miami 5,742 0`286~ 186,407,000 27,239 8.4950 1,262,244 148,587 210,957 62,370 · I 1.5050 U.M.S~. 1,018,827 51.186~ 37,477,419,000 36,785 2.2270 79~.89,082 35,863,540 37,430,~20 1,827,380 81,116,463 ~ 7.7730 276,746,313 TOTALS: 1,990,432 100.0% ! 76,975,726,860 38,673 348,343,533 73,126,940 73,126,940 0 348,343,533 Donor Cities 225,658 11.34% 99,504,901 18,542,166 8,290,501 -10,251,664 89,253,237 Recipient Cities 1,764,774 88.86'~ 248,838,632 54,584,774 64,836,439 10,251,865 259,090,296 *Note' Indian Creek Village would on y be able to partially offset the reduction in its c~rrent revenue eve by he amount of the value of its remaining millage capacity (Col. M). A FREEINDEPENDENT NEWSPAPER VOICE YOUR HOMETOWN NEWSPAPER 3051669-7355 YOUR HOMETOWN NEWSPAPER PUBLISHED BY COMMUNITY NEWSPAPERS, INC. PUBLISHED FRIDAY MIAMI, DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally aDoeared YAZMINE RAMIREZ who on oath says she is OFFICE MANAGER of Legal Advertising of Your Hometown Newspaper, published Friday at Miami in Dada County, Florida; that the attached copy of advertisement, being a Leg I Advertisement of Notice in the Matter of - in the ~-~'~' Court, was published in said news- paper in the issue of Affiant further says th~;/the said Your Hometown NewsDaoer published at Miami in said Dada County, Florida, and that the newspaper has heretofore been continuously published in said Oade County, Florida, and has been entered as second class mail matter at the post office in Miami, Florida, Dade County, and additional mailing offices, for a period of one year next preceding the first publication of the attached copy of adver- tisement; and affiant further says that she has neither paid not promised any person, firm or corporation any rebate, curators- sion or refund for the purpose of securing this advertisement for publication in the said newspaper. PROOF OF PUBLICATION~ ~/'~¢~..;/~ , AFFIANT Sworn *o 8nd subscribe~befo~ me th~s JESUS TOLEDO ~' ' - Your Hometown Newspaper Published by Community Newspapers 6796 S.W. 62nd Avenue South Miami, Florida 33143 669-7355 FLORIDA. ESTAB: ;~ LISHING THE OPERATING DEPA, RTMENTS OF THE CI, f~; ING FOR S EVEp,,~B ILITY ~ND.AI~ EFFECqTIVE DATE.' ~" Ai~I ORDIN~NC[~ ~)t~; THE cITY OF AVENTURA, LISHING GENERAL PURCHASING REGULATIONS: The proposed Ordinances may Acting Cit) Clerk at2 branch of the Dade County at the temporary offices of City Hall Interested parties may appear at the Publi~ Hearing ~ proposed Ordinances. Any person wishing to address the City Counc is asked to register with the ACting City dlerk prior making a statement, for the record, please state your name and address. In accordance with the Americans with Disabi are disabled and who r because o~' that disal: Helfman. If aperson decides to appeal any decision made toany matter considered at a meeting or hearing, that person w~ill need a ,,roceedinos and, for such ,~urnose. may need to ensure that a verbatin~/~cord of proceedings is made, which record ~ncludes the testtmony the aPpeal is to be based.