HomeMy WebLinkAboutO-12277J-02-169
6/07/02
ORDINANCE NO. 1.2-277
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
AMENDING CHAPTER 35, ARTICLE V, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "COCONUT GROVE PARKING IMPROVEMENT
TRUST FUND", BY AMENDING SECTION 35-224: OF
THE CODE TO CLARIFY THE INSTALLMENT PAYMENT
PROGRAM -AND PROVIDING FOR A SECURITY DEPOSIT;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami (the "City") administration has
conducted a thorough review of the existing Coconut Grove Parking
Improvement Trust Fund and implementing legislation; and
WHEREAS, the City of Miami's Coconut Grove Parking Advisory
Committee and the Department of Off -Street Parking recommend the
adoption of certain amendments to clarify the installment payment
provisions set forth in legislation governing the Coconut Grove
Parking Improvement Trust Fund and the Coconut Grove Central
Commercial District; and
WHEREAS, the City Manager recommends, and the City
Commission finds,. that certain amendments should be made to the
Coconut Grove Parking Improvement Trt:st Fund and the Coconut
Grove Central Commercial District to clarify the recently
approved installment payment program;
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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 by reference and
incorporated as if fully set forth in this Section.
Section 2. Chapter 35, Article V, Section 35-224 of the
Code of the City of Miami, Florida, as amended, is amended in the
following particulars:'''/
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE V. COCONUT GROVE PARKING IMPROVEMENT TRUST
FUND
Sec. 35-224. Schedule of fees and charges.
(a) The Schedule of fees and charges to be
assessed and paid into the trust fund is as follows:
(2) All property owners currently in possession
of Base parking space waivers as provided in
Ordinance 11052, shall pay $600.00, per space
per year, payable monthly (the "Annual
Payment."). Said The aAnnual pPayment shall
be inflation adjusted once at the end of each
five year period,—. The first siz±eh inflation
adjustment shall commence on January 1, 2007,
reflecting the change from the prior year
i� Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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LI
only, threiagh using the
urban consumers (CPI -U),
currently in possession
waivers shall have the
the existing waivers
provisions set forth in
be lava .
Pi
consumer price index
All property owners
of Base parking space
option of converting
to conform to the
subsection (3) here
(3) Fee in lieu of providing required off-street
parking for SD -2 zoning district pursuant to
aA_rticle 6 of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of
Miami (the "Zoning Ordinance") shall be as
follows:
a. A PayfRen:� purchase price of $6,000.00
per parking space waiver (the "Purchase
Price.") The
Purchase Price shall be inflation
adjusted once at the end of each five
year period,—. -t-The first such adjustment
shall eefFffnenee occur on January 1St,
2007, reflecting the change from the
prior year only,,1,using the
consumer price index urban consumers
(CPI -U) The Purchase
Price shall be made paid in erre either
of the following two ways, at the option
of the property owner:
i. Permanent Certificate of waiver.
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12277
Payment of the Purchase Price may
be made at the time of application
for a Permanent Certificate of
Waiver. Upon receipt of the
Purchase Price, the City shall
issue a "Permanent Certificate of
Waiver," recorded at the property
owner's expense in the Public
Records of Miami -Dade County,
Florida, to the property owner. The
Permanent Certificate of Waiver
shall run with the land, and may be
leased to another owner of real
property within the SD -2 District
in accordance with Section 602.10.4
of the Zoning Ordinance.
Installment Payment Program.
Tet=al payment payable The Purchase
Price may be paid in installments
over a self -amortizing period of
six years from date of execution of
an Installment Payment Agreement
for Permanent Certificate of Waiver
(the "Agreement"), with interest at
one percent (1%) below the Bank
Prime Rate. Each installment shall
be referred to as a "Payment." Bank
Prime Rate shall refer to the rate
set by the banking institution used
by the Department of Off -Street
Parking (the "Department").
Payments shall be due and payable
on the 1St of each month (tee. the
"dDue dDate"). PaqxfR��o -ems
pereent of the menthdue. The
property owner shall pay a late fee
of 5% of each Payment which is not
received within 15 days of the Due
Date. Payments not made within 30
days after the Due Date shall be
charged interest at the rate of ten
percent (10%) per annum calculated
monthly on the unpaid balance,
including applicable late fees.
Pr-evided, Furth If any Payment is
returned because of insufficient or
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uncollected funds in addition to
any other fee or charge due, the
property owner shall be liable for
a returned check charge in the
amount of five percent (5%) of the
amount of the check; in such event,
the Department may require that all
future Payments be made by
cashier's check. In the event that
-i-€ any pPayment is de ; ngiae
greater not received by the
Department within €er ffiere than 90
days of the Due Date, the
applicable Certificate(s) of Waiver
shall be revoked by the Zoning
Administrator, and the property
owner shall i, t;e their ermanent
shall
forfeit any and all rights
thereunder, and any amounts paid
pursuant to the Agreement, and
shall not be entitled to reapply
_
-^L L -1L -1
fer an instalAfReii-t--payFftent in the
f.,,dre participate further in the
Installment Payment Program.
Notwithstanding the foregoing, the
property owner shall remain
responsible for providing parking,
or apply and pay for the necessary
monthly parking space waivers or
make full payment.
b. Limited six-month period following the
effective date of this ordinance fret
which this subseetien derivea to convert
existing Base and Supplemental monthly
parking space waivers to pPayment at a
reduced fee of $5,400.00 per parking
space waiver in accordance with section
35-224(a) (3) (a) (i) or -b(ii) above.
C. The rental fee in lieu of providing the
Supplemental off-street parking required
for restaurants, as specified in section
602.10.1 of the Zoning Ordinance, shall
be $600.00 per parking space, per year,
to be paid on a monthly basis, fer se
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12277
leng as the resta�:�ant use
until a reduction of waiver
certificate is obtained.
(d) Supplemental off-street parking spaces
may be purchased for a fee, as set forth
in section 35-224 (a) (3) (a)(i) or
(ii) above; as may be applicable.
(e) All payments set forth in this
subsection (3) shall be
inflation-adjusted once at the end of
each five year period, the first such
adjustment shall commence on January
1St, 2007, reflecting the change from
the prior year only, through the
consumer price index -urban consumers
(CPI -U) .
(f) Payment of the fees set forth in section
35-224 (a) (3)a. , b., and d., hereinabove
shall permanently exempt the respective
property from the corresponding parking
requirement for such use as specified in
the certificate of waiver.
(4) Security Deposit; Fees. At time of execution
of the waiver application, except for those
property owners participating in the
Installment Payment Agreement for Permanent
Certificate of Waiver, the property owner
shall provide the Department with a security
deposit or with a performance bond in an
amount sufficient to secure three months'
payments under the waiver application. All
documentation, including the form of the
security deposit and the performance bond
shall be subject to the approval of the City
Attorney as to form and correctness, and the
performance bond shall be subject to the
review and approval of the City's Risk
Manager. In the event the property owner
fails to make payments for a total of three
consecutive months, the property owner shall
forfeit any right and interest to the
security deposit or performance bond,
whichever may be applicable. Upon such
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default, the department shall retain the
entire amount of the security deposit or
performance bond.
(45) Fees in section 35-224(a)(1) through (3)
above shall be due and payable on the 1St of
each month (i.e. dDue dDate). Fees not
received within 15 days of the due date shall
be charged a late fee of five percent of the
amount due. Fees not received within 30 days
of the due date shall be charged interest at
the rate of ten percent per annum calculated
monthly on the unpaid balance, including
applicable late fees.
(-FD,6) Such other fees as may from time to time be
authorized by the city commission.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof./
PASSED ON FIRST READING BY TITLE ONLY this . 22nd day of
August , 2002.
2/ This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten 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.
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PASSED AND ADOPTED ON SECOND AND FINAL READING this 11th
day of September , 2002.
ATTEST:
R4 " -a
PRISCILLA A. THOMP ON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
4LE ANDRO VILAREL O
CI ATTORNEY
W122 '� MM: dd
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