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Home My WebLink AboutO-11931J-99-627 4/25/00 • 11931 ORDINANCE NOI AN ORDINANCE OF THE MIAMI. CITY COMMISSION AMENDING CHAPTER 35, ARTICLE V, SECTION 35-224 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SCHEDULE OF FEES AND CHARGES", RELATING TO THE COCONUT GROVE PARKING IMPROVEMENT TRUST FUND TO CLARIFY THE LANGUAGE TO REFLECT THE ORIGINAL INTENT AND ACTUAL BILLING PRACTICES OF THE CITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 35-224 of Florida, as amended, (the "Code" the Code of the City of Miami, sets forth the schedule of fees and charges to be assessed and paid into the Coconut Grove Parking Improvement Trust Fund ("Trust Fund"); and WHEREAS, the intent of said section was to charge the same rental fee in lieu of providing the supplementary off-street parking required by code, to restaurants and sidewalk cafes; and WHEREAS, the city administration has historically consistently charged the same Trust Fund fees to restaurants and sidewalk cafes; and WHEREAS, the city commission finds that it is in the best interest of the public to clarify the language in Section 35-224 of the City Code to reflect the intent and practice of the City; 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 hereby adopted by reference thereto and incorporated herein 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, entitled "Schedule of fees and charges", is hereby amended in the following particulars:l/ "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: (1) Fee in lieu of providing required off- street parking for sidewalk cafes: in addition to the $20.00 per square foot permit fee required by the public works department, as specified in section 54-223 of the city code, there shall be paid an additional fee as set forth in subsections ii 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. - 2 - 1193. (3) c and (3) e below, in lieu of providing required off-street parking-, said funds shall be paid annual! monthly into the Coconut Grove Parking Improvement Trust Fund. -f-er the —sidewalk cafe. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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.�l PASSED ON FIRST READING BY TITLE ONLY this 27th day of April , 2000. 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. - 3 - _ 'j" 31 • • PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of May , 2000. JOE CAROLLO, MAYOR In accordance with Mian.i Code Sec. 2-36, since. the1 ,1 yor did not indicate approvel of this Legislation by sighing it in the designated ' c provided, paid 1-09W becomes g effective with the elapse ton (day f m the e f �mmisslb�3 regarding same, without the Ma r exer si o. WALTER J. FOE ITY CLWK APPROVED A O F CORRECTNESS:t/ l4p , r - 4 - Clerk 1193 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: onal V ars aw City Manager RECOMMENDATION PZ -6 SECOND READING DATE: April 19, 2000 FILE: SUBJECT: Amendment to Chapter 35 of . the City Code REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission approve the attached amendment to Chapter 35 of the City Code regarding the Schedule of Fees relating to the Coconut Grove Parking Improvement Trust Fund in order to reflect the original intent and actual billing practices of the City. BACKGROUND The attached request originated from the Coconut Grove Parking Advisory Committee when it became necessary to request that this amendment be adopted due to confusion in the Code language as to how fees were assessed for parking waivers issued on sidewalk cafes. This amendment will clarify the language and allow for waivers to properly be assessed on parking requirements for cafes located on public right of way. Based on these findings, the administration is recommending approval of the request as submitted. .5V DHW/JL/AGS/LYS� -- 11931 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miamh Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11931. in the ............ XXXXX...................... Court, was published in said newspaper in the issues of Jun 5, 2000 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant furt says that she has neither paid nor promised any per irm or corporation any discount, rebate, com- missio or fund for a purpose of securing this advertise - 0 f r blication ' he said newspaper. orn to ands scr 5 June day (SEAL) Sookie Williams Dersonallv known to me. Wore me this 2000 A.D... . /.— LLERENA STATE OF FLORIDA N NO. CC 912958 OF PROPOSED ORDI ANCES .III interested persons will take notice that on the 25th of May, 2000, they City -Commission 'of Miami, Florida adopted the following titled; ordinances: Ij ORDINANCE NO. .11929 AN EMERGENCY ORDINANCE OF THE MIAMI CITY'COM` MISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM -FOR - CHILDREN 2000" AND APPROPRIATING -FUNDS FOR THE. ' OPERATION OF SAME IN THE ESTIMATED AMOUNT OF $431,814 CONSISTING OF A GRANT FROM THE. UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA 'DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD. Ij FROWTHE UNITED STATES DEPARTMENT OF AGRICUL- TURE -AND TO EXECUTE THE NECESSARY DOCUMENT(S); ll IN A FROM ACCEPTABLE TO THE CITY ATTORNEY; CON- TAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. }'ORDINANCE NO. 11930 . AN_ORDINANCE•OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 12. OF THE ZON- - ING ATLAS -OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AR-. TICLE 6, SECTION 612,,SD-12 SPECIAL BUFFER -OVER LAY DISTRICT, IN ORDER TO PROVIDE ADDITIONAL PARKING ALONG THE NORTHWEST 17T4AVENUE CORRIDOR FROM NORTHWEST 54TH STREET TO NORTHWEST 62ND STREET IN THE MODEL CITY"AREA FOR THE PROPERTIES I. MORE'PARTICULARLY DESCRIBED IN ATTACHMENT -"A; j CONTAINING A REPEALER PROVISION AND A SEVERABILI-„ TY CLAUSE; AND PROVIDING FOR AN. EFFECTIVE DATE. I . ORDINANCE NO.1193! AN ORDINANCE OF THE MIAMI CITY C610110 MMON-AME_ ND- ING CHAPTER 35, ARTICLE V, SECTION 35-224 OF THE CODE OF THE -CITY OF MIAMI, FLORIDA, AS AMENDED, EN- TITLED "SCHEDULE OF FEES AND CHARGES", RELATING .TO THE COCONUT- GROVE PARKING IMPROVEMENT TRUST. FUND TO, CLARIFY THE LANGUAGE TO' REFLECT. THE ORIGINAL INTENT AND ACTUAL BILLING PRACTICES --OF.-THE CITY; CONTAINING A REPEALER PROVISION AND A'SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE. ' Said ordinances may be inspected by the public'at the Office of f the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday ( through -Friday,.excluding holidays, between the hours'of 8 a.m... and 5 p.m: All interested persons may appear-at.the meeting and maybe heard with respect to the proposed ordihances. Should any person desire to ap- p peal any decision of'the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon Which any appeal may be based. op WALTER J. FOEMAN ¢ '-�'°�"°•+cu =1 CITY CLERK (#8278)" 6/5 nn_e_noi�oon�nn