Miami-Dade Legislative Item
File Number: 053104
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File Number: 053104 File Type: Ordinance Status: Deferred by the Board
Version: 0 Reference: Control: County Commission
File Name: REPEAL SECTION 21-44 RELATING TO MANHOLES Introduced: 11/4/2005
Requester: NONE Cost: Final Action:
Agenda Date: 2/21/2006 Agenda Item Number: 7C
Notes: Title: ORDINANCE REPEALING SECTION 21-44 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO MANHOLES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: REPEAL ORDINANCE
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/21/2006 7C Withdrawn
REPORT: The foregoing proposed ordinance was withdrawn during consideration of changes to today’s agenda.

County Manager 2/14/2006 Withdrawals 2/21/2006
REPORT: The sponsor is requesting withdrawal of this item.

Board of County Commissioners 2/7/2006 7B Deferred 2/21/2006

County Manager 1/31/2006 Deferrals 2/7/2006
REPORT: Requesting deferral of this item to the February 21, 2006 BCC meeting.

Board of County Commissioners 1/24/2006 7B Deferred 2/7/2006 P
REPORT: The foregoing proposed ordinance was deferred to the Board of County Commissioners' meeting scheduled for February 7, 2006, during consideration of the County Manager's Memorandum of Changes to today's agenda.

County Manager 1/20/2006 Deferrals 2/7/2006
REPORT: Requesting deferral of this item to the February 7, 2006 BCC meeting.

Infrastructure and Land Use Committee 12/13/2005 3B Forwarded to BCC without a recommendation P
REPORT: Commissioner Diaz asked to be listed as a co-sponsor of the foregoing proposed ordinance. Commissioner Gimenez referred to the last sentence of the County Manager’s cover memorandum for the foregoing proposed ordinance and expressed his concerns for the utility firm not utilizing two-person crews. Discussion ensued in connection with the County’s use of two-person crews due to safety related issues and concerns and the rationale for the utility firm not utilizing two-person crews. Commissioner Diaz expressed his wish to have the Manhole Fee Ordinance repealed. Discussion ensued in connection with safety issues and safety procedures. In response to Commissioner Jordan’s inquiry relating to whether the $.11 manhole fee would be repealed, Commissioner Barreiro advised that the utility firm had assured the fee would be repealed upon the enactment of the foregoing proposed ordinance.

Board of County Commissioners 11/15/2005 Scheduled for a public hearing Infrastructure and Land Use Committee 12/13/2005

Board of County Commissioners 11/15/2005 4A Adopted on first reading 12/13/2005 P
REPORT: The public hearing for the foregoing proposed ordinance was set for the Infrastructure and Land Use Committee meeting of December 13, 2005.

County Attorney 11/4/2005 Referred Infrastructure and Land Use Committee 12/13/2005

County Attorney 11/4/2005 Assigned Eric A. Rodriguez 11/4/2005

Legislative Text


TITLE
ORDINANCE REPEALING SECTION 21-44 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO MANHOLES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 21-44 of the Code of Miami-Dade County, Florida is hereby repealed in its entirety1:
Sec. 21-44. [[Manholes; safety requirements; penalty.]] >>[Reserved.]<<

[[(a) No person, firm or corporation shall cause any person to enter a manhole being used for repairs, maintenance, installation or inspection of underground utilities unless the following requirements are fulfilled:

(1) A second person shall remain abovegrade at all times to provide surveillance of the manhole and the person(s) belowgrade until the manhole cover is in place and no person(s) remains belowgrade at or near the location of the manhole.

(2) The person required herein to remain abovegrade shall be trained and shall be capable of providing first aid and emergency rescue procedures and shall be furnished with communication equipment to summon additional aid in the event of an emergency.

(3) The person providing aboveground surveillance shall keep animals and unauthorized persons away from the open manhole.

(4) The person required herein to remain abovegrade may be assigned other duties provided such other duties do not interfere with the requirements of this section.

(b) Every violation of any provision of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for a period not to exceed sixty (60) days or both such fine and imprisonment, in the discretion of the court. Each day of continued violation shall be considered as a separate offense.]]

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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