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Home My WebLink AboutO-11814J-99-542 6/14/99 ORDINANCE NO. 11 814 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13/ARTICLE I OF THE CODE OF THE CITY. OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT FEES/IN GENERAL," TO ELIMINATE THE EXEMPTION FROM THE PAYMENT OF IMPACT FEES FOR ANY DEVELOPMENT USING CITY -OWNED LAND; MORE PARTICULARLY BY AMENDING SECTIONS 13-2 AND 13-6 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") continues to experience significant development in the private and public sectors; and WHEREAS, the amount and concentration of such development has contributed to the need for various capital improvements, including public safety, storm sewers, streets, parks, solid waste collection and other general government services that would not otherwise be necessary; and WHEREAS, the City embarked upon a vigorous program to eradicate previous fiscal shortfalls, by making use of previously underperforming, real estate assets; and WHEREAS, it is not in the best interests of the City or equitable for development not otherwise exempt from the payment of Impact Fees to be exempted solely because such 11814 „ development happens to occur on City -owned land; and WHEREAS, new building space growth projections indicate that such development will continue to place demands on the City to provide necessary capital improvements; and WHEREAS, the City is not desirous of funding all such improvements by general capital improvement funds which are generally allocated to maintaining existing improvements and services; and WHEREAS, it is the intent of the City of Miami to encourage the use of underperforming and surplus real estate assets by authorizing development activity on such property when such activity is deemed to be in the CityyIs best interest .and .general ... welfare; and WHEREAS, the City Commission after careful cons iderati.on..of.. the matter,, deems it,.advisable to. adopt this. Ordinance as hereinafter..set forth;. 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 - 2 - 11814 Section. Section 2. Chapter 13/Article I of the Code of the City of Miami, Florida, as amended, entitled "DEVELOPMENT IMPACT FEES/IN GENERAL", is hereby amended in the following particulars :1' "Chapter 13 DEVELOPMENT IMPACT FEES ARTICLE I. IN GENERAL Sec. 13-2. Findings. (b) The city commission hereby finds and declares that the impact fee imposed herein upon all. new nonresidential .and all new residential -development as further described below, in order to finance specified public facilities, the demand for which is uniquely created by such new development, is in the best interest of the city and its residents, is equitable, and does not impose an unfair burden on such development. Specifically exempted from such imposition and payment of said impact fees are: (5) Any development which is a nonprofit joint venture with the city, �= a city -owned or operated facility,. 1 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. - 3 - 11814 Sec. 13-6. Applicability of impact fee. This chapter shall be uniformly applicable to all new development, exclusive of single-family, city -owned or -operated facilities and certain other development as specifically defined herein. Specifically exempted from such imposition and payment of said impact fees are: (5) Any development which is a nonprofit joint venture with the city, or city -owned or - operated facility,adevelepfnent �is-ing eityewn— .,a ! ra 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.2' PASSED ON FIRST READING BY .TITLE ONLY this 22nd day of 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. 4 - 11814 r • June 1999. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day of July _ 1 1999. JOE CAROLLO, MAYOR pjnwwrdance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of t l6gislation by signing it in the designated pl e provided, said legir n r04 umum effective with the elapse of ten ( ay rom the d of ' ivr,r ac.tI n �rqipft,samee,without the Mayor xerd i t�. ATTEST: WALTER J. FOEMAN CITY CLERK s°1 ;E�DFtI�'V IT ,..ATTORNEY 28:BSS City Clerk CORRECTNESS - 5 - 11814 �R0 Honorable Mayor and Members of the Ci Commission fornald H. Warshaw City Manager RECOMAMNDATION CITY OF %'IA%1:. FL OpivA.0 INTER -OFFICE NIEP00RANDULI oa-.= F __ Ordinance Amending Chapter 13 of the City Code Entitled "Development Impact Fees " REFEREPICES ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Ordinance amending Chapter 13, Article I of the Code of the City of Miami entitled "Development Impact Fees/in General." BACKGROUND Chapter 13 of the City Code imposes an impact fee on additional development in the City of Miami in order to finance related. capital improvements which are necessitated by such development. Exempted from payment of impact fees are any developments occurring on City - owned property. However, such developments will place additional demands on the City's infrastructure. It is in the best interest of the City to eliminate said exemption thus making all developments occurring on City -owned land subject to imposition of impact fees. The revenue derived will fund the necessary capital improvements. DHW/JFL 11814 • • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle VAIllams, 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11814 , ..... Court, In the...........XXXXX ........................ wad_ pyblla�V In sf$Trpaper In the Issues of Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 Dade County, Florida, for a period of one year xt preceding the first publication of the attached copy rtlsement; and affiant further says that she has no r pa nor promised any person, firm or corporation any disco nt, rebate, commission or refund for the purpose tcug this adv rtlsement for publication In the said . 2 8 Sworn Io and subscribed before me thhl Y 95 ........ %day of ......................... A.D. 11f...... (SEAL)7,6�sersondt PG OFFICIAL NOTARY SEAL Sookle WIII kZf4mAJ b1ARMER�t )ti2(Ci T rr ; it COMMISSION. NUMBER Q CC545384 MY COMMISSION EXPIRES OF FtO APR. 12,2000 .LEGAL NOTICE ' All interested persons will take notice that on the .13th day ,of July,! 1999, the City Commission of Miami, Florida adopted the following ti-, tied ordinances: } ORDINANCE -NO. 11811 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY '98-99)," AND APPROPRIATING FUNDS FOR THE ! OPERATION OF SAME ..IN -THE TOTAL AMOUNT OF "$218,135.82, CONSISTING OF A $98,135.82 GRANT - APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND i REHABILITATION SERVICES- "GRANT :PROGRAM FOR - COUNTIES," AND $120,000.00 IN CARRY-OVER FUND ` BALANCE FROM PREVIOUS EMS. GRANT AWARDS; 4 AUTHORIZING THE CITY MANAGER TO ACCEPT SAID, d GRANT AWARD AND TO EXECUTE. THE NECESSARY I DOCUMENTS, IN A FORM- ACCEPTABLE TO THE CITY } ATTORNEY, FOR SAID PURPOSE; CONTAINING • A_ REPEALER, PROVISION AND A SEVERABILITY CLAUSE: ORDINANCE NO.11812 AN ORDINANCE OF THE MIAMI CITY COMMISSION ! AMENDING CHAPTER 35/ARTICLE Vill OF THE CODE OF-.. THE CITY OF MIAMI, FLORIDA, ENTITLED: "MOTOR I VEHICLES AND TRAFFICNALE - PARKING"; -PROVIDING FOR ,THE ESTABLISHMENT OF VALET- PARKING '.IN tbFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS CITYWIDE; PROVIDING FOR BIANNUAL PERMITS, AND RELATED FEES, RULES, REGULATIONS, RESTRICTIONS, AND APPEALS; SETTING FORTH .'ENFORCEMENT,. PROVISIONS; MORE PARTICULARLY BY _ AMENDING" =i SECTIONS 35-302 THROUGH 35-311, AND ADDING NEW SECTION 35-312 OF SAID ..CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY; CLAUSE; , AND PROVIDING FOR AN EFFECTIVE DATE - ORDINANCE NO. 11813 AN ORDINANCE ' OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, 1 AS AMENDED,.TO INCORPORATE PROVISIONS FOR THE . IMPOSITION AND COLLECTION OF A PARKING FACILITIES SURCHARGE AT A ' RATE OF TWENTY PERCENT (20%) OF THE.FEE"PAID FOR THE USE OF A PARKING SPACE IN A PARKING -FACILITY IN THE CITY OF MIAMI, PROVIDING DEFINITIONS; SETTING FORTH PROCEDURES FOR COLLECTION AND, PROVIDING PENALTIES FOR 'NONCOMPLIANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE,CITY CODE: ORDINANCE NO.�11�814 AN ORDINANCE OF THE, MlAtaft"CITY COMMISSION AMENDING CHAPTER 13/ARTICLE i OF THE CODE OF THE CITY OF MIAMI; FLORIDA; AS AMENDED, ENTITLED: . "DEVELOPMENT IMPACT . FEES/IN GENERAL," TO ELIMINATE THE EXEMPTION FROM THE PAYMENT OF i IMPACT FEES FOR ANY DEVELOPMENT USING CITY OWNED LAND; MORE PARTICULARLY BY AMENDING i. SECTION 13-2 AND 13-6 OF SAID CODE; CONTAINING A- REPEALER PROVISION AND A SEVERABILITY CLAUSE; -AND PROVIDING FOR_AN EFFECTIVE DATE.. _,-- --- ORDINANCE N6.1.1815 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "PARKS AND. RECREATION/USE REGULATIONS," TO CHANGE THE LANGUAGE TO BE 'CONSISTENT - WITH FLORIDA STATUTES AS .IT RELATES TO -THE FLORIDA LITTER LAW; MORE "PARTICULARLY BY AMENDING SECTION 38-63 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY- CLAUSE; PROVIDING FOR.AN EFFECTIVE DATE. - ORDINANCE NO.11816 +. AN ORDINANCE OF- THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE V OF THE CODE OF . THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE OF INTOEREST,NTO LIMIT A CITY ETITLED: "ADMIIMPLOYEE'S APPEARANCE BEFORE ANY CITY OF MIAMI BOARD, COMMISSION OR AGENCY; MORE PARTICULARLY BY AMENDING SECTION 2 612' OF SAID CODE; CONTAINING A RE- PEALER PROVISION AND A SEVERABILITY CLAUSE AND I PROVIDING FOR AN EFFECTIVE DATE. .Said ordinances may be inspected by the public at the Office of 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. ! i L�SY Opp �* 96•*Eo � WALTER J. FOEMAN ogp`c�O.FtO��o� CITY CLERK (#4716) 99-4-072855M . 7/2_8_____— — - — - -- - • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND, ETC. XXXXX inthe................................................................................ Court, waj$uplisq?d in fjj!yrspaper in the issues of Affiant further says that the said Miami Daily, Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiariLtut4har says that she has neither p9iq nor promised a on, fi or corporation any di unt, rebate, co o or refu for the purpose of s urmathis adv a for publ' ation in the said me tVq A.D. 19...... (SEAL) p FFICIA'L NO'f Y SEAL Octelma V. 1PaY erp II JANETT ��EfiENA y CI NN 84 NUMBEW t Q CC566004 �E+'�Q MY COMMISSION EXPIRES OF FAO JUNE 23.2000 =t 3p v� CI`iY OF;,MIAM1, FLORID NOTICE OF P�30POSED ORt)IN�;NCES p, . ..�. '"Notice is hereby.given; that, the',City,Commission of thg City. -41LMi ami,'Floridaf..will.consider •the;following "ordinancesron. seeond.and;final reading', on. July-^13,; 1999,-commencing at 10'00 a:m.,. m the :City :Commission;Cliambers, 3500•Pan'Amencan Drive MiamiF Florid ,. ORDINANCE NO = F. AN' ORDINANCE OF -THE MIAMI CITY COMMISSION a -AME R 13/ARTICLE I. OF "THE CODE, OF 11 ;- THE'CITY OF MIAMI; F.L A, AS ENDED; ENTITLED: ;:•• :'!DEVELOPMENT-., `IMPACT FEESIIN,- ;GENEFtAL,=TO,;_"• .: ELIMINATE„THE,EXEMPTION.PF,ROM•THE PAYMENT OF IMPACT=FEE& FOR':ANY,,DEVE.LOPMENT USING CITY ,OWNED LAND; :;MORE--PARTICULARLYY' BY - ,AMENDING,,,: SECTIONS'13-2 AND 13-6 OF1 SAID,CODE; CONTAINING,A.;:•. REPEALtR;PRbVISION.AND A`SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE:DATE �. ORDINANCE NO AN• ORDINANCE ,-•OF•, THE CITY. "COMMISSIO. ESTABLISHING A. NEW.. SPECIAL REVENUE" ' FUN-D ENTITLED MIAMI-DADE-COUNTY>EMS GRANT.AWARD . `.'AND APPROPRIATING ••FUNDS : FOR THE p . ; OPERATION;, &;= -SAMEIN- THE " TOTAL» AMOUNT .:OF t• $2113;:T35.82, .CONSISTING ` 6F ` A" - $98 135.82. _GRANT• ; '` :.APPORTIONE;D BY : MIAMI DADE COUNTY :FROM' THE STATE OF-FL"ORIDA'.- DEPARTMENT HEALTH ,AND +REHABILITATIVE=SERVICES:_ "GRANT -PROGRAM• FOR .r I COUNTIES," 'AND $120,000.00- IN' CARRY=OVER FUND' - BALANCE FROM PREVIQUS .EMS- GRANT -AWARDS;" I" AUTHORIZING`THE'CIT.Y'MANAGER TO ACCEPT SAID GRANT AWARD•AND'.TO EXECUTE THE -NECESSARY,..° ' DOCUMENTS, -IN.- A FORM ACCEPTABLE TO THE CITY is y ATTORNEY,_ FOR SAID ;'PURPOSE; :CONTAINING A REPEALER_ PROVISION AND"A SEVERABILITY'CLAUSE. " .ORDINANCE NO. , AN ORDINANCE OF THE" MIAMI :CITY .COMMISSION AMENDING CHAPTER'35/ARTICLE VIII.OF THE CODE OF - THE CITY CF-. MIAMI, FLORIDA, ENTITLED: "MOTOR �. .VEHICLES -AND" TRAFFIC/VALET PARKING ;"_PROVI,DING,, ' FOR' THE , ESTABLISHMENT. OF ` VALET. PARKING- ,IN`" I OFFICE;: :COMMERCIAL. AND .INDUSTRIAL ` DIST,RICTS " CITYWIDE; PROVIDING .FOR. BIANNUAL PERMITS;, AND_ RELATED FEES,.RULES,,REGULATIONS RESTRICTIONS AND APPEALS SETTING .FORTH` ENFORCEMENT " ` PROVISIONS; MORE -•PARTICULARLY .'BY AMENDING SECTIONS 35-202 THROUGH 35 311, AND_ADDING'• NEW SECTION 35-312 - OF SAID CODE; CONTAINING A " REPEALER PROVISION-AND�A'SEVERABILITY-CLAUSE;'._- `AND.PROVIDING FOR AN-EFFECTIVE,DATE. ORDINANCE NO AN ORDINANCE OF, THE ,MIAMI CITY COMMISSION AMENDING "CHAPTER-38/ARTICLE {II OF THE;;CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,. ENTITLED:.'_ "PARKS' AND` RECREATION/USE—REGULATIONS;'' TO -CHANGE THE LANGUAGE. -TO BE CONSISTENT _WITH FLORIDA STATUTES.�AS IT',RELATES TO THE, FLORIDA - LITTER LAW; MORE PARTICULARLY BY,:,,AMENDING SECTION 38-63 OF • SAID CODE; CONTAINING -.A �REPEALER: PROVISION AND "A. SEVERABILITY`CLAUSE; - .; PROVIDING, FOR AN EFFECTIVE DATE." - C, (D _T1 ORDINANCE7W(j "ORDINANCE OF THE CITY- COMMISSION, > �AW FLORIDA AMENDlNi_G'THE_C6ft'OFTHE CITY OF MIAMI, 77 'AS AMENDED, —:TO INCORPORATE PROVISIONS'F76h THE:_ PARKING 'COLLECTION - OF -. A :.,IMPOSITION, AND, FACILITIES' SURC RATE HAI:i6tkTr't�E� RAT F';TWENTY PERCENT-; (206%)"OF ;THEE FEE- PAID -FORTH FOR-THE.USE OF A RkING- FACILITY IN THE CITY PARKING SPACE IN A -PA NITION' 11 - Wb� OF: MIAM,' PROVIDING -DEFINITIONS -FROCEDURE§' FOR 'COLLECTIONAND I- PROVIDING -,PENALTIES FOR., NONCOMPLIANCE ; CONTAINING. A REPEALER.PROVISION AND A. SEVERAB]LfTY.CLAUSE, PROVIDING'-FOR'AN EFFECTIVE -DATE; AND PROVIDING _FOR%INCLUSIdN IN,T'HE"CITYCODE. ..-ORDINAkCE.Nb.'� -,AN, ORDINANCE -.OF. -AHE—MIAMI CITY' -COMMISSION "AMLN610 CHAPTER '2/ 1 ARTICLE' V- ,OF, TH.E,,CODE .OF-',' THE'. CITY 01'- 1 FLORIDA, AS AMENDED ` (THE ',CODE");,, I ENTI'I�LEI)-.-�.--.�ADMINISTF3ATION/CONFLIPTS OF INTEREST," . TO LIMITA CITY & ITY EMPLCYEE'APPEARANCE BEFORE ; ANY MIAMI-BOARD, COMMISSION MORE PARTICULARLY BY` '-'AMENDING -SECTION -2612.,-OF 'SAID CODE; CONTAIIININd""A . RE-. PEALER! PROVISION ANl):ASEVERABILITY CLAUSE AND I PROVIDING FOR'M EFFECTIVE ;DATE - -public at:the'Of- ai proposed .. - I . I Said sedfordinances may be:'insp'ected,by the fice ofthe City Clerk, 3506 Pan American Drive, Miami; Florida-, Mon- I day. thro6g , li Friday;: ek'61uding holiday s, between -the Jhours of, arrri And 5-p.rn,,, Al l interested pergo6g. ma -appear at themeeting and may be heard. with respect to the . proposed- ordinances. *ShoiJId.,.any p9rson.desire-to appealany, decision !ofthe CityCommission with r6specfjo.ahy�.matter, to be.considered lat this , meeting, that person shall ensure that a ver-, batim record of, the proceedings. is made including all testimony and evidence.upon which. any appeal maybe -based.k'` ��` °} ,aj *ALTERJ. OEMAN -blLtNK" '7 �02_CLW ,T/2 6