HomeMy WebLinkAboutAgenda Item Summary Form0.1%14 f, AGENDA ITEM SUMMARY FORM
Second Reading
a11a 1 �] 6111LO7
Date: 08/28/2020 Requesting Department: City Manager's
Office
Commission Meeting Date: 09/24/2020 Sponsored By:
Type: Ordinance District Impacted: All
Subject: Amend Code - End Tolling
and Suspend Deadlines
Purpose of Item:
Repealing the Emergency Ordinance on Tolling (13902) that was adopted on May 28,
2020. Any time periods and deadlines that were tolled and/or suspended as a result of
the Tolling Ordinance shall resume upon the date of the adoption of this amendment.
Background Information:
On May 28, 2020, Ordinance No. 13902 ("Tolling Ordinance") was adopted by the City
Commission tolling and suspending all applicable deadlines and time periods prescribed
by the Code of the City of Miami, Florida, as amended, Ordinance No. 13114, as
amended, the Zoning Ordinance of the City of Miami, Florida, and Resolution No. R-2-
0015; and when the Tolling Ordinance was originally adopted, most City facilities had
been shut down, public hearings had been cancelled, and routine City business was
significantly curtailed; and
Since the adoption of the Tolling Ordinance, the City has been able to conduct the
majority of its business remotely, conduct meetings virtually, and otherwise address the
concerns originally raised by the Tolling Ordinance; and, the effects of COVID-19 have
also significantly improved including improvements in hospitalizations and positivity
rates.
Due to improved conditions, the necessity to begin recovery efforts, and the City's ability
to reopen business, the tolling and suspension of deadlines is no longer necessary. Any
time periods and deadlines that were tolled and/or suspended as a result of the Tolling
Ordinance will now be back in effect as of the adoption and effective date of this
Ordinance;
Budget Impact Analysis
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Item has NO budget impact
Total Fiscal Impact:
N/A
City of Miami File ID: 7819 (Revision:) Printed On: 1011912020
Reviewed By
City Manager's Office Arthur Noriega V
Office of Management and Budget Aniska Elliott
Office of Management and Budget Christopher M Rose
Legislative Division
Valentin J Alvarez
Office of the City Attorney
George Wysong
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
City Commission
Todd B. Hannon
City Commission
Nicole Ewan
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
City Manager Review
Completed
Budget Analyst Review
Completed
Budget Analyst Review
Completed
Legislative Division Review
Completed
ACA Review
Completed
Deputy City Attorney Review
Completed
Approved Form and Correctness
Completed
Meeting
Completed
Meeting
Completed
Signed by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
08/31/2020 11:40 AM
08/31/2020 11:59 AM
08/31/2020 12:43 PM
08/31/202012:51 PM
08/31/2020 6:35 PM
08/31/2020 6:42 PM
08/31/2020 9:01 PM
09/10/2020 9:00 AM
09/24/2020 9:00 AM
09/24/2020 11:18 PM
09/24/2020 11:19 PM
09/24/2020 11:19 PM
City of Miami File ID: 7819 (Revision:) Printed On: 1011912020
City of Miami City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:13921
File Number: 7819 Final Action Date: 9/24/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
EMERGENCY ORDINANCE NO. 13902 ("TOLLING ORDINANCE") TO
END THE TOLLING AND SUSPENSION OF APPLICABLE DEADLINES
AND TIME PERIODS PRESCRIBED IN THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND
RESOLUTION NO. R-20-0015, ADOPTED ON JANUARY 23, 2020
RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE THAT
WERE PREVIOUSLY SUSPENDED BY THE ADOPTION OF THE
EMERGENCY TOLLING ORDINANCE; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes,
Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared, on March 12, 2020,
that a State of Local Emergency existed within the City in response to the Novel Coronavirus
("COVID-19"); and
WHEREAS, since March 17, 2020, in accordance with the provisions of Section
252.38(3)(a), Florida Statutes, the Mayor has extended the State of Local Emergency for
additional seven (7) day periods; and
WHEREAS, the effects of COVID-19 continue to require extraordinary and immediate
actions by the City in order to protect the public's health, safety, and welfare; and
WHEREAS, on May 28, 2020, Ordinance No. 13902 ("Tolling Ordinance") was adopted
as an emergency by the City Commission tolling and suspending all applicable deadlines and
time periods prescribed by the Code of the City of Miami, Florida, as amended ("City Code");
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (Miami
21 Code"); and Resolution No. R-20-0015 adopted on January 23, 2020; and
WHEREAS, when the emergency Tolling Ordinance was originally adopted, most City
facilities had been shut down, public hearings had been cancelled, and routine City business
was significantly curtailed; and
WHEREAS, since the adoption of the emergency Tolling Ordinance, the City has been
able to conduct the majority of its business remotely, conduct meetings virtually, and otherwise
address the concerns originally raised by the Tolling Ordinance; and
WHEREAS, the effects of COVID-19 have also significantly improved including
improvements in hospitalizations and positivity rates; and
WHEREAS, due to improved conditions, the necessity to begin recovery efforts, and the
City's ability to reopen business, the necessity for the tolling and suspension of deadlines is no
longer necessary; and
City of Miami File ID: 7819 (Revision:) Printed On: 1011912020
WHEREAS, the City Commission finds it appropriate at this time to hereby amend the
Tolling Ordinance and abate the tolling and suspension of applicable deadlines and time periods
prescribed in the City Code, the Miami 21 Code, and Resolution No. R-20-0015; and
WHEREAS, any time periods and deadlines that were tolled and/or suspended as a
result of the emergency Tolling Ordinance will now be back in effect as of the effective date of
this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby amends emergency Ordinance No. 13902 in
order to end the suspension and tolling of all applicable deadlines and time periods prescribed
in the City Code, the Miami 21 Code, and Resolution No. R-20-0015.
Section 3. Upon the adoption of this amendment, all such deadlines and time periods
shall apply to any new matter or item.
Section 4. All deadlines and time periods for any matter or item that was previously
suspended by the Tolling Ordinance shall resume upon the date of the adoption of this
amendment.
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
1
"na dez, City Httor iey 8/3112020
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 7819 (Revision:) Printed On: 1011912020