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HomeMy WebLinkAboutO-11846J-99-446 10/15/99 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50/ARTICLE V/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS AND WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS"; TO ALLOW CURRENT SIGHTSEEING BOAT DOCKAGE AGREEMENT HOLDERS OPERATING WITHIN THE INSIDE BASIN OF MIAMARINA TO OPERATE A REPLACEMENT SIGHTSEEING BOAT UNDER CERTAIN CONDITIONS; MORE PARTICULARLY BY AMENDING SECTION 50-310; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami wishes to increase commercial dockage revenues from its marinas, and allow licensees holding sightseeing boat dockage agreements operating from the inside basin at Miamarina to optimize the use of the slips; and WHEREAS, the section of the City Code that limits the number of sightseeing boats that may hold a dockage agreement within the Miamarina inside basin will not be affected; and WHEREAS, the amendment will foster competition, and nurture growth and sustained profitability of smaller sightseeing boat operations; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF 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 50/Article V/Division 3 of the Code of the City of Miami, Florida, as amended, entitled "Ships, Vessels And Waterways/City Marinas/Commercial Vessels" of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:lj "Chapter 50 SHIPS, VESSELS AND WATERWAYS Article V. City Marinas Division 3. Commercial Vessels Sec. 50-310. Sightseeing boat limitation. No more than a total of eight sightseeing boats may hold a dockage agreement at the Miamarina basin (excluding the outside wall) at any given time. Licensees of sightseeing boats holding ng such aqreements maI 4 in thesolg- discretion of the citL, on ra _. a relpl acement- siQhtseeing boat from the same sl ii at Miamarina 1proyi that: 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. All figures are rounded to the nearest hundred dollars. 2 - 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 - 3 - 11846 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 21st September , 1999. day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of October , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) s from the date of Corn ' sion action regarding same, without the May xerci ' veto. ATTEST: W er . Fo an, City Clerk CITY CLE ECTNESS .,& 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 - 11846 OCT-18-SS 65=18 FtR1J17.=MIAM1 CoNVEN ION CENTER 1D=31053/22 CITY OF WHAM{, F.ORiDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and /Onald f the City Commission FROM :1 Warshaw City Manager RECOMMENDATION: OCT 18 1999 DATE: 6J FILE: Amendment of City Ordinance SU6JEC` Section 50-310 REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Ordinance amending Section 50-310 of the City Code. BACKGROUND: Section 50-310 of the existing City Ordinance currently limits the number of commercial sightseeing boats that may hold a dockage agreement inside the Miamarina basin at eight. The proposed amendment will not increase the existing limitation. The amendment will allow current sightseeing dockage agreement holders to optimize the use of their assigned slips by allowing a replacement sightseeing boat to utilize the slip while the primary sightseeing boat is away. The replacement sightseeing boat will be required to hold a current Mooring and Dockage Agreement, at a City operated marina, that has not been revoked or canceled by the City for at least twelve (12) months. In addition, the boat must meet the design and operational criteria established by the City Manager or his designee for sightseeing boats operating from Miamarina. At no time will both sightseeing boats operate at the same time within the Miamarina basin. The proposed amendment will enable current sightseeing boat operators to optimize the use of their assigned slip, increase revenues to the City, and increase visitors to Miamarina at Bayside. St3- DFN1/RMICPA/SB 11846 AMENDED CODE SECTION 50-310 "SIGHTSEEING BOAT LIMITATION" No more than a total of eight sightseeing boats may hold a dockage agreement at the Miamarin, basin (excluding the outside wall) at any given time. Licensees of sightseeing boats having sucl agreement may be afforded orded the opportunity by the City to substitute a second sightseeing boat fo, the first, under the following conditions: 1. The Licensee of the first sightseeing boat holds a current Mooring & Dockage Agreement for the substitute boat at a Cityfacility. 2. The substitute boat meets the design and operational criteria established from time to time by the city manager or his designee for sightseeing boats operating from Miamarina 3. The licensee of the sightseeing boat has not had his Mooring & Dockage Agreement revoked or canceled by the Cityfor at least twelve (12) months. 4. At no time will both sightseeing boats operate at the same time within the Miamarina basin. (Amended Code In Italics) j 11846 • 0 September 10, 1999 Commissioner Arthur E. Teele, Jr. Commissioner J. L. Plummer Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Wilfredo Gort CITY OF MIAMI 3500 Pan American Drive Miami, FL 33133 INSIDE] MARKETPLACE Re: Amendment Sightseeing Boat Limitation of Miamarina Agenda Item No. I / September 14, 1999 Meeting Dear Commissioners. > 'a ---':' 1tPi j�'g: ©.ark M: '. 0 We would like to voice to you our concerns and objections to the above -referenced amendment. The reasons to amend the present code as submitted on July 26, 1999 do not justify it. We are a group of merchants at Bayside that operate outside restaurants and cafes facing the marina When the Celebration was allowed to dock in the South Pavilion, Bayside Management and the City of Miami staff assured us that the vessels would dock and leave and that they would spend a large part of the time out touring. Hence, the cafes and restaurants can maximize its vistas, views, and environment and minimize conflicting music, announcements and noise to their customers. We do not want tour boats to dock continually in the berths. By allowing a "merry-go-round" of boats in and out from one berth, we will never have open vistas for which we pay very high rents. ❑ We welcome the tour boats in the marina basin ❑ We have no objections to any of the boat operators at the Miamarina using the slip for a different vessel if the original one is out for repairs. The original agreement allows for this ❑ The suggested increase of revenues to the City of $124,000 per year is overestimated. Not all boat operators at the Miamarina approve of the proposed amendment. Only this vessel agreed to this. Bayside generates for the City the following direct payments every year. $1,000,000 a year in rent, approximately $2,200,000 a year in property taxes (of which the City receives a substantial portion), approximately $700,000 from the garage cash flows, and will receive approximately $900,000 in garage surcharge. Why would the City Administration do anything to jeopardize the well being of Bayside? Why can't the City Administration just do a Request for Proposals from each space to maximize the income you can derive from each berth? e ubmilit-0 into the 't."fubf1c, Bayside Marketplace • 401 Biscayne Blvd., R-106, Miami, Florida 33132-1924 • An affiliate of*P Apgngtinee-,io&-r with, Telephone (305) 577-3344 • Fax (305) 577-0306ftzm on 4 6 wa ter Fo .man Commissioner Arthur E. Teele, Jr Commissioner J. L. Plummer Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Wilfredo Gort Amendment Sightseeing Boat Limitation at Miamarina Agenda Item No. 1 September 10, 1999 Page 2 o The interlinking of the different City Marinas, Watson Island, and the new Arena can be adequately handled by the existing agreement. o The potential for continuous and heavy traffic of commercial ships in the Miamarina docking in one slip will undoubtedly have a negative effect on the merchants' businesses, specifically the restaurants, cafes, and stores facing the Marina, which pay high rents for those vistas and locations. o Mr. Dudik should not come over and complain to any of us if we want to raise these issues. o Nor should the advocates for this change send bogus letters signed by anonymous tenants to the City of Miami which state to agree with them. We have a very open environment amongst ourselves and reject insinuations by groups advocating for this amendment that Bayside Management or the Merchants Association would intimidate them. Thank you for your support. Very truly yours, r L11- se*phHakim AertoLombardi Le Cafe Emilio Ca 'a Alex Salman Snappers �'i Latin AmericanCafe Haluk or u scar Gaete�/ir�'� Mamb C i Sharkey's t� Gustavo ide ik Coco G ato 11846 (2) Sec. 50-310. Sightseeing boat limitation. No more than a total of eight sightseeing boats may hold a dockage agreement at the Miamarina basin (excluding the outside wall). Licensees of sightseeing boats holding such agreements may, in the sole discretion of the City, operate a second sightseeing boat as a replacement sightseeing boat from the same slip at Miamarina provided that: (1) Both sightseeing boats are not physically present, or operating at the same time, within the Miamarina basin. Only one boat, either the primary sightseeing boat or the replacement sightseeing boat, may operate from the Miamarina sightseeing boat slip in any one calendar day. The replacement boat may operate from the Miamarina sightseeing boat slip assigned to the primary sightseeing boat after notice to Bayside and to the City and only when the primary sightseeing boat is absent from its assigned slip for documented repairs or inspections. (2) The Licensee of the sightseeing boat holding a dockage agreement at Miamarina also holds a current Mooring & Dockage License Agreement for a second sightseeing boat at a City marina facility and is paying the commercial boat dockage fee for that second vessel (3) All sightseeing boats meet the design and operational criteria established by the City Manager or designee for sightseeing boats operating from Miamarina. (4) The Licensee of the sightseeing boats has not had eithe his or her Mooring & Dockage q. Ci License Agreements for either boat revoked or canceled by the deer for at least twelve (12) months, that neither License Agreement is in default, and that all dockage fees under the License Agreements have been fully paid and are otherwise current and not in arrears. (5) Both boats must be owned (or leased and operated) by the same person or entity. (6) The vessel that operates primarily as a motor vessel may not be substituted for a vessel that operates primarily as a sailing vessel. 11846 a I� ci Lko iCITY OF MIAMI. FLORIDA 10 TO FROM INTER -OFFICE MEMORANDUM DATE The Honorable Mayor and September 21, 1999 Members of the City Commission SUBJECT Donald H. Warshaw City Manager REFERENCES. ENCLOSURES: Bayside Center Limited Partnership FILE In response to Commissioner Teele's request during the City Commission meeting today, please find listed below the rents which the City has received to -date from Bayside Center Limited Partnership ("Bayside") during Fiscal Year 1998-99: Retail Rent $1,000,000 Garage Minimum Rent 90,000 Garage Percentage Rent 539,004 Total $1,629,004 Additionally, the City received tax and fire fees during fiscal year 1998-99 in the amount of $970,189.22. Listed below is a breakdown of these revenues: Folio No. 1998 Assessed 1998 Total City's Portion of 1998 Fire - Value Taxes Paid Paid Taxes Rescue Fee 01-0100-000-0525 (Land) $16,625,784.00 $493,731.29 $204,330.88 $2,477 01-0100-000-0522 (Retail) $49 374 216.00 1,485,373.11 606,809.12 14,635 01-0100-000-0523 (Parking) $11 549 001.00 367,311.12 141,937.22 n/a TOTAL $77,549,001.00 $2,346,415.52 $953,077.22 $17,112 The total received to date from Bayside for rent, taxes and fire fees during Fiscal Year 1998-99 is $2,599,193.20. DHW:DBA:mv:Bayside.doc • IUMA-MFNDMPNTI'U'SKrMME"A RRFMFNT THIS THIRD A,S¢NDME\7 to the SETTLEMENT AURE'E'MENT :s nude and execrced U of_rdrs _j*_6 day of _,Lrv_ , 1996, by and maarg THE PIER S 130ATMEN'S ASSOCIATION, DX. a Fonda corporation OSCAR D. BON -,MR, JAMES COURDMJ� ALTON R. DILLARD, 1, C. DOBSON, WILLIAM C KkMSON. ROGER-ONC.UtIC. BRL:CE PURDY. STEVEN SALEV. FRANK SV11:H• CHARLES E. SOFGE KENNETH A. SPAULDING, and JAMES P THOMAS thermcaher : efcrrod to wllwuydy as the BOATMEN, mtd indmdually u a u0A t'MAN). Lhe C1'fY OF MAMI (hercina8er referred to as the CITY), Bryade Cemr Lmred P%rne p end Rouse-Vfiami, Inc. 1hucinaller enllectxdy referred to u ROUSE), fni pod and MAYzient consdMbo4 enter trey the 1`011m mg agreetneeV J-96-L19 1/25/96 ORDINANCE No. 1134 3 AN ORDINANCE AMWDI14G CHAPTER 57 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AKENDBD, TO PROVIDES FOR VESSEL REGULATIONS APPL:CABLB TO TB8 MIAMARTWK; NO" PARTICULAFLY By AMENDING SECTIONS S3.30 AND S3-12 AND ADDING NSN SECTION 53-01 TO SAID CODE; CONTAINING A REPEALER PROVISION, SEVBRABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. m CDc 3ocr �3 -(D Q O w _ _ O CD nCD "� C O -� E- Page S Page 2 Front Page [ z °r �--- _-_Page 3 — C 7. The following terms in this Amendment have the following meaning; other terms in this Amendment shall have the definition used in the Code of the City of Miami, Section 50-1: a. "Sight-seeing boat Limitation" - a limitation on the number of Sight-seeing boats which may operate from Miamarina, which the CITY shall establish by Ordinance or Administrative Rule promulgated by the City Manager as eight (8), which, if enacted or promulgated, the CITY will not alter except with the prior consent of ROUSE. (a) No more than three (3) commercial vessels may berth at the South Quay Wall of the Miamarina, only one of which may be operated primarily as a motor vessel. Sec. 53 - 81 Sight-seeing boat limitation. No more than a total of eight (8) Sighter seeing boats may hold a lease agreement or dockage agreement at the Miamarina basin (excluding the outside wall) at any given time. .7 • • 11846 0 • • INDEX 1. Bayside/Miamarina Site Plan 2. Photos A. North Pavilion B. South Pavilion 3. Agreements A. Third Amendment to Settlement Agreement (Pier 5 Boatmen's Association, Inc., the City of Miami and Rouse -Miami, Inc.) B. Ordinance No. 11343 C. Stipulated Settlement and Agreed Order (Celebration Excursions of Miami, Inc., a Florida corporation, Petitioner vs. The City of Miami, a municipal corporation, Rouse -Miami, Inc., a Florida corporation, and Pier 5 Boatmen's Association, Inc. a Florida corporation, et al., Respondents.) 11846 wjb B �VIM. ,, I` for, It 4 All AL� it A j joom I -No E BAY'XGA�RE ra 1ca� a�amcc I i Nr. Wsh� s. . , tr�Y veep. 14 11846 i .. THIRD AMENDMENT TO SETTLEMENT AGREEMENT THIS THIRD AMENDMENT to the SETTLEMENT AGREEMENT is made and executed as of,*s 25Af day of , 1996, by and among THE PIER 5 BOATMEN'S ASSOCIATION, INC., a Florida corporation, OSCAR B. BONNER, JAMES COURBIER, ALTON R DILLARD, J. C. DOBSON, WILLL .M C. HARRISON, ROGER LONCARIC, BRUCE PURDY, STEVEN SALEM, FRANK SMITH, CHARLES E. SOFGE, KENNETH A. SPAULDING, and JAMES P. THOMAS (hereinafter referred to collectively as the BOATMEN, and individually as a BOATMAN), the CITY OF MIANII (hereinafter referred to as the CITY), Bayside Center Limited Partnership and Rouse -Miami, Inc. (hereinafter collectively referred to as ROUSE), for good and sufficient consideration, enter into the following agreement: WITNESSETH: WHEREAS, the parties hereto desire to amend the Settlement Agreement, as amended (the "Agreement'):' to permit the BOATMEN a one time only assignment or substitution for purposes of operating a Sight-seeing boat; to recognize the right of the CITY to limit the number of Sight-seeing boats which may operate out of the Miamarina; and, to amend the Dockage Agreement (incorporated into the Agreement) to conform with section 327.59(1), F.S. (1993); The parties entered into a [SETTLEMENT] AGREEMENT on or about October 12, 1985, which was amended by the FIRST AMENDMENT TO SETTLEMENT AGREEMENT, dated June 20, 1988, and by the SECOND AMENDMENT TO SETTLEMENT AGREEMENT, dated June 14, 1990. WE �� VL LAD LMI r NOW THEREFORE, in consideration of the mutual covenants contained herein and other .good and valuable consideration, the parties hereto agree to amend the Agreement as follbws: 1. The following new Sections 16 shall be added to the Agreement: "16. Notwithstanding anything in the Agreement or Dockage Agreement to the. contrary, a BOATMAN may, on a strictly one time only basis: (a) assign its rights under the Agreement and Dockage Agreement to an individual or business entity for the purpose of operating of a Sight-seeing boat ; or (b) substitute its vessel for a Sight-seeing boat. Any assignment or substitution as provided 'for herein shall be subject to the following conditions: (i). There must be an opening for a Sight-seeing boat at Miamarina under the Sight-seeing boat Limitation. (ii). The proposed assignee and its proposed vessel, or the proposed substitute vessel (which must be owned by the Boatman), whichever the case may be, must be approved in writing by ROUSE and the CITY, which consent may not be unreasonably withheld, and, in the case of an assignment, the proposed assignee must agree in writing, in a form reasonably acceptable to the CITY and ROUSE, to assume and operate under the terms of the Agreement and -the Dockage Agreement. LAD LhU "i THIRD AMENDMENT TO SETTLEMENT AGREEMENT PAGE 2 t The proposed assignee's vessel, or the substitute vessel, must comply with the Design Criteria for Sight-seeing boats; (iv). Upon approval of the assignment or the substitution, the dockage fees for a Sight-seeing boat shall be whatever fees are being charged for Sight-seeing boats at Miamarina, which fees may be increased by the City Manager from time to time at the City Manager's discretion, but at no time will they be less than 40 cents per foot per day. (v). After once exercising this assignment or substitution right, the assignee or the BOATMAN, shall only have the right thereafter to either. (1) assign its rights. under the Agreement and Dockage Agreement to an individual or business entity for the purpose of operating of a Charter fishing boat, or (b) substitute its vessel for a Charter fishing boat. A BOATMAN's replacement of a worn out, or commercially unusable, Sight-seeing boat for another vessel of like size, kind, and operation, or a temporary replacement while repairs are being made, shall not be deemed to be an exercise of the one time only right of substitution of vessels for the purpose of this section, but any replacement of vessels as aforesaid must nevertheless comply with subsections (ii) and (iii) of this section." 2. Purs4ant to Section 327.59(1), F.S. (1993), Paragraph 8(i) of the Dockage Agreement is hereby deleted. L LMI WB THIRD AMENDMENT TO SETTLEMENT AGREEMENT 11846 PAGE 3 fl • E 3. The existing Sight-seeing boats shown on Schedule "A' hereto: (a) are approved as the current vessels operated by the individual Boatman under the Agreement and Dockage Agreement, which shall be subject to the terms of this Third Amendment, and (b) shall be counted toward the Sight-seeing boat Limitation at Miamarina, but, to the extent said vessels exceed the Limitation at the time it is enacted,. they shall be grandfathered from the limitation established thereby. The existing Sight-seeing boats shown on Schedule "A" hereto shall also be grandfathered from the application of the Sight-seeing boat Design Criteria when it is established, but they shall nevertheless pay the dockage fees described in Section 16, subsection (iv), effective on the date of this Amendment to the Agreement. 4. The parties hereto acknowledge and agree that nothing herein contained is intended to, or shall give any BOATMAN the right to operate a vessel on which gambling is conducted (a "Gambling Vessel"). Each BOATMAN covenants and agrees that neither he nor she shall operate a Gambling Vessel with a vessel operated from a berth subject to the Agreement or the Dockage Agreement. 5. The parties agree that: (a) under Section 16, BOATMAN, JAMES P. THOMAS, may substitute the Sight-seeing boat "Bayside Blaster" for his Charter fishing boat, the "Thomas Flyer" in Slip No. 4 at Miiamarina, which vessel (the parties now stipulate) is grandfathered from the Sight-seeing boat Design Criteria, and which vessel, to the extent it exceeds the Sight-seeing boat Limitation , shall be grandfathered from the effect thereof; but: shall nevertheless be counted toward reaching said Limitation; (b) except as indicated in Schedule "A", none of the existing BOATMEN's vessels constitute LAD Im WB THIRD AMENDMENT TO SETTLEMENT AGREEMENT PAGE 4 11846 t ! a Sight-seeing boat; and (iii) as to the slips indicated in Schedule "A" as "CITY CONTROLLED," the PIER 5 BOATMEN'S ASSOCIATION, INC., waives its right to present a replacqnent operator and boat, under paragraph 9 of the Dockage Agreement. 6. Section 7 of the Agreement is hereby amended to provide that notices to the PIER 5 BOATMEN'S ASSOCIATION, INC., and to each individual BOATMAN, shall be sent to Charles E. Sofge, Island Queen Sightseeing Tours, Inc., 401 Biscayne Blvd., Miami, Florida, instead of Tim Courbier, and that copies of such notices shall be sent to Greenberg, Traurig, et al., 1221 Brickell Avenue, Miami, Florida 33131, Attention: Lucia A. Dougherty, Esq., instead of to Dan Paul, Esq. 7. The following terms in this Amendment have the following meaning; other terms in this Amendment shall have the definition used in the Code of the City of Miami, 0 Section 50-1: a. "Sight-seeing boat Limitation " - a limitation on the number of Sight-seeing boats which may operate from Miamarina, which the CITY shall establish by Ordinance or Administrative Rule promulgated by the City Manager as eight (8), which, if enacted or promulgated, the CITY will not alter except with the prior consent of ROUSE. b. "Design Criteria" - design criteria for Sight-seeing boats operating from Miamarna, established by the CITY or its designee from time to time, in its reasonable discretion. 8. Except as otherwise amended by this Amendment, the Settlement Agreement, the First Amendment to the Settlement Agreement, and the Second Amendment to the Settlement Agreement shall remain in full force and effect. LAD LMI WB THIRD AMENDMENT TO SETTLEMENT AGREEMENT PAGE 5 • 9. As a condition precedent to binding the parties to the terms and conditions of this Amendment, all individual members of the PIER 5 BOATMEN'S ASSOCIATION, INC., must sign Ais Amendment. This requirement may be waived by the CITY and ROUSE in their joint sole discretion. 10. The parties hereto acknowledge and agree that any alleged waiver by the CITY and/or by ' ROUSE with respect to the ' terms of the Agreement or the Dockage Agreement does not and shall not constitute a further waiver of any of the terms of the Agreement or the Dockage Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto to duly authorize this the day and year first above written. 0 WITNESS: PIER 5 BOATMEN'S ASSOCIATION, INC., a Florida for profit corporation By: L"" in, '!�s - I JAMES P. THOMAS, President (Corporate Seal) kites;'-�• q..O V 1Iw LAD LMI WB THIRD AMENDMENT TO SETTLEMENT AGREEMENT PAGE 6 `� WITNESS: ATTEST: WALTER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BAYSIDE CENTER LIMITED PARTNERSHIP, a Maryland corporation, and ROUSE-MIAMI, INC., a Maryland corporation 0 title: (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida . da-e� CESAR H. ODIO CITY MANAGER LAD LMI Wa TEMW AMENDMENT TO SETTLEMENT AGREEMENT PAGE 7 GO • THE BOATMEN OSCAR B. BONE JAMES COURBIER • • I • • 1 .� • v •' -\Ab LAD LMI WB TEMtD AMENDMENT TO SETTLEMENT AGREEMENT PAGE 8 SCHEDULE "A" NAME OF BOATMAN VESSEL NAME SLIP NO. BRUCE PURDyk ISLAND LADY* 1 CHARLES E. SOFGE ISLAND QUEEN* 2 CHARLES E. SOFGE PINK LADY* 3 JAMES B. THOMAS BAYSIDE BLASTER* 4 WILLIAM C. HARRISON COCONUT 5 CITY CONTROLLED 6 CHARLES E. SOFGE ISLAND PRINCESS* 7 STEVEN SALEM KOLOA** 8 CITY CONTROLLED 9 CITY CONTROLLED 10 KENNETH A. SPAULDING SHERRY D I 1 CITY CONTROLLED 12 ROGER LONCARIC ANDREA C. 13 J.C. DOBSON MYSTIC 14 JAMES CORBIER SCALPER 15 CITY CONTROLLED 16 ALTON R DILLARD SEA HAWK 17 OSCAR B. BONNER PEGGY JOAN 18 CITY CONTROLLED 19 CITY CONTROLLED 20 LAD LMI WB THIRD AMENDMENT TO SETMEMENT AGREEMENT PAGE 9 1184.6 CITY CONTROLLED 21 FRANK SMITH 22 CITY CONTRQLLED 23 FRANK SMITH 24 CITY CONTROLLED 25 STEVEN SALEM SUNDANCER** 26 CITY CONTROLLED 27 CHARLES E. SOFGE MAT HATTERAS 28 CITY CONTROLLED 29 CITY CONTROLLED 30 CITY CONTROLLED 31 CITY CONTROLLED 32 CITY CONTROLLED 33 CITY CONTROLLED 34 CITY CONTROLLED 35 * Vessel is a Sight-seeing boat * * Vessel is presently a. Sailing Vessel, not a Charter fishing boat or Fishing vessel ZAa )Lot LAD LMI WB THIRD AMENDMENT TO SETTLEMENT AGREEMENT PAGE 10 w • I-] 0 • STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) 1, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 10, inclusive, constitute a true and correct copy of the third amendment to settlement Agreement dated January 25, 1996 with The Pier 5 Boatmen's Association, Inc. IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami, Florida this 10th day of April, 1996. (OFFICIAL SEAL) WALTER J. FOEMAN City Clerk Miami, Florida B ep - e J-96-119 1/25/96 11343 ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR VESSEL REGULATIONS APPLICABLE TO THE MIAMARINA; MORE PARTICULARLY BY AMENDING SECTIONS 53-30 AND 53-72 AND ADDING NEW SECTION 53-51 TO SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 53, entitled "STADIUMS, MARINAS, EXHIBITION AND CONVENTION CENTERS" , of the City Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars :1/ "Chapter 53 STADIUMS, MARINAS, EXHIBITION AND CONVENTION CENTERS ARTICLE II. CITY MARINAS DIVISION 1. GENERALLY Sec. 53-30. Dockage in certain locations riot permitted. 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. [7 0, 0 • • • Dockage of vessels alongside the bulkhead northwest of slip number 99, at the southwesternmost corner of the Dinner Key Marina, shall not be permitted. (b) No more than three (3) commercial vessels may berth at the South Ouay Wall of the Miamarina, only one of which may be operated primarily as a motor vessel. DIVISION 3. COMMERCIAL VESSELS Sec. 53-72. Lease agreements, assignment of berths; determination of seniority. In the event that all applicants on the waiting list at the time of the sale of such vessel fail to exercise the rights provided within thirty (30) days from such sale and ih the event that the purchaser, vendee or transferee of the vessel sold can qualify for a certificate, the city manager is authorized to.allow him to use and occupy the berth of the vessel sold. In the event that a certificate holder replaces his vessel with another or changes from one (1) type to services covered by this article to another, .the date of the original certificate will determine seniority; provided, however, that the new vessel or the new service is rendered without conflicting with the rights or convenience of other certificate holders at the particular facility. In the event a certificate holder with the highest seniority shall refuse or fail to exercise his seniority rights within seventy -two (72) hours, the certificate holder.with the next highest seniority shall then have first seniority, and so on, until the berth is assigned. Notwithstanding anything in this article to the contrary. the City shall not issue a lease agreement or dockage agreement to a Sight-seeing boat at Miamarina -unless: (1) -There is availability pursuant to the Sight-seeing boat limitation set forth in Sec. 53-51 hereinbelow; and 2) The" Sight-seeing boat meets the design and operational criteria established from time to time by the City Manager or his designee for Sight- seeing boats operating from Miamarina. - 2 - [7 Sec. 53-81. Sight-seeing boat limitation. No more than a total of eight (8) Sight-seeing boats may hold a lease agreement or dockage agreement at the Miamarina basin (excluding the outside wall) at anv aiven time. Section 2. All ordinances or parts of ordinances insofar as they are, inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 25th day of January 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 29th day of February 1996. ATTEST- WALTER J. , CITY CLERK PREPARED AND APPROVED BY: $N BITTNER STANT CITY ATTORNEY 10 6 : WR.B : BSS - 3 - STE HEN P . , MAY APPROVED AS TO FORM AND CORRECTNESS: �3 11846 ? J • STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) I, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 3, inclusive, constitute a true and correct copy of an Ordinance, passed and adopted by the City Commission at the meeting held on the 29th day of February, 1996. SAID ORDINANCE WAS DESIGNATED AS ORDINANCE NO. 11343. IN WITNESS WHEREOF, I hereunto set my hand and Impress the Official Seal of the City of Miami, Florida this 9th day of April, 1996. (Q`mcm SEA 0 WALTER J. FOEMAN City Clerk Miami, Florida M" • CELEBRATION EXCURSIONS OF MIAMI, INC., a Florida Corporation, Petitioner, vs. THE CITY OF MIAMI, a municipal corporation, ROUSE-MIAMI, INC., a Florida corporation, and PIER 5 BOATMEN'S ASSOCIATION, INC., A Florida corporation, MGA ENTER- TAINMENT, INC., a Florida corporation, THE SCHOONER HERITAGE OF MIAMI, INC., a Florida corporation, ISLAND QUEEN SIGHTSEEING TOURS, INC., a Florida corporation, and BAYSIDE CRUISES, INC., a Florida corporation, as their interests may appear, Respondents. IN THE CIRCUIT COURT OF THE I I TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 95-02485 CA 13 STIPULATED SETTLEMENT AND AGREED ORDER STIPULATION WHEREAS, the parties, recognizing the uncertainty of litigation proceedings, and without the admission of fault or liability on the part of any party hereto, are desirous of amicably settling the differences between them, without the necessity of further cost, expense and attorneys fees; NOW THEREFORE, Petitioner, CELEBRATION EXCURSIONS OF MIAMI, INC. ("hereinafter "CELEBRATION'), and the. Respondents, the CITY OF MIAMI Lti� r JHT WB LMI I • STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 ("CITY"), and ROUSE-MIAND, INC. ("ROUSE"), and, Non-party, BAYSIDE CENTER LMTED PARTNERSHIP ("BAYSIDE"), joining in this agreement for the purposes described in paragraph 22, by and through their respective undersigned attorneys, stipulate to the complete and final settlement of this litigation, including the adequacy of consideration herein, on the following terms: 1. The "date" of this STIPULATED SETTLEMENT shall be the date it is approved and entered as an Order by the Court. 2. A South Quaywall finger pier (hereinafter "finger pier") may be constructed by CELEBRATION at the CITY's Miamarina in accordance with a design approved and signed off by the CITY's Public Works Department, as depicted in the 0 sketch attached hereto as EXHIBIT "A", at the location shown on the Site Plan attached hereto as EXHIBIT `B", which construction shall not delay the site plan approval(s) already in place for the Miamarina Redevelopment (as defined infra). 3. If the finger pier is constructed, CELEBRATION shall directly contract with, and be solely responsible for the payment of the work by a licensed, bonded and insured marine contractor (hereinafter "marine contractor") for the construction of the finger pier. The marine contractor shall waive in writing any rights to a mechanic's or construction lien under Chapter 713 Fla. Stat., or otherwise prior to the commencement of any work. 4. All improvements constructed within the Miamarina shall immediately become the.property of the CITY. JHT WB LM[ -2- 18 4 STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 9"2485 CA 13 5. In the construction of the proposed new finger pier, the CITY shall allow CELEBRATION to use and to relocate the two (2) pilings furthest from the quay wall, located on the East side of the West Viewing Pavilion, which presently exist in the dock slips adjacent to the new proposed finger pier, and CELEBRATION may use pilings, if any, presently in storage on land at Miamarina, or, if none, CELEBRATION may purchase new pilings. 6. The CITY shall sign -off, as owner, on any permit applications required for construction of said finger pier, but shall have no other duties or obligations with respect to CELEBRATION's obligations to obtain permits prior to the commencement of construction. However, the CITY shall not cause any unreasonable delay in the signing of said permit applications. The finger pier shall not be used, or otherwise occupied, by CELEBRATION until all inspections required by the South Florida Building Code, or otherwise required by law, have been passed (hereinafter the "completion of construction"). Any water and electric services, including the cost of connection, and costs to bring service to the finger pier, will be paid for by CELEBRATION. 7. " The CITY, ROUSE and BAYSIDE shall allow the marine contractor access to Miamarina and/or Bayside common areas (to the extent necessary) for the purpose of construction of the finger pier. This construction shall not interfere with BAYSIDE's or ROUSE's use of the common areas of Bayside Marketplace. 8. The marine contractor shall have in force and effect at all times during construction comprehensive general liability and property damage insurance in an amount 0 not less than one million dollars ($1,000,000.00) per occurrence, and shall name the "City JHT LMI -3- • STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 of Miami", "Rouse -Miami, Inc." and °Bayside Center Limited Partnership" as additional insureds with a waiver of subrogation. Prior to the commencement of any work, a certificate of insurance shall be provided to the CITY and ROUSE. 9. To allow for the safe maneuvering of the CELEBRATION vessel(s) into and out of its berth at the new finger pier, the CITY shall not initially construct the planned East-West floating dock (located nearest to the South Quaywall at Miamarina) in such a manner that it extends Westerly beyond the Eastern side of the Celebration berth located on the East side of the new finger pier. However, after the expiration of the guaranteed term as defined in paragraph 10, and as modified in paragraph 11, CELEBRATION may, within thirty (30) days send a request in writing to the CITY asking that it decide, within thirty (30) days of the CITY's receipt of the request, for justifiable business purposes, whether or not the CITY (and the CITY only) intends to: (a) extend the length of the East-West floating dock (hereinafter "floating dock") in a Westerly direction, which will require the removal of the new finger pier; or (b) replace the East-West floating dock with a permanent East-West dock (hereinafter "permanent dock"), which will also require the removal of the new finger pier. In the event the CITY's decides that it intends to extend the floating dock or replace the floating dock with a permanent dock, the CITY shall give notice to CELEBRATION of its decision, and the CITY agrees to provide at least fourteen (14) days advance notice (hereinafter the "grace period") to CELEBRATION prior to the time CELEBRATION is requested to vacate the finger pier, and at that time the CITY will offer CELEBRATION a comparable Scommercial slip if one exists and is available. In the event that CELEBRATION fails to MT WB LMI -4- i- STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 remove its vessel from the finger pier within twenty-four (24) hours after the expiration of the grace period: (a) CELEBRATION shall cease doing any business or operating its vessel within Miamarina; (b) CELEBRATION shall pay the CITY liquidated damages in the amount of $750.00 per day for each day CELEBRATION's vessel remains at the finger pier; and (c) the CITY may physically remove CELEBRATION's vessel(s) from the Miamarina, at the sole cost and expense of CELEBRATION. All liquidated damages called for herein shall be immediately reduced to final judgment by the Court after notice and a hearing. In the event the CITY clearly and affirmatively decides not to exercise its right to extend the floating dock, or install a permanent dock, and gives notice to CELEBRATION of this decision within said thirty (30) day decision period, this paragraph of this agreement shall terminate and be of no further force or effect as to any party, at which time CELEBRATION's dockage relationship with the CITY shall thereafter be governed solely by the Mooring and Dockage Agreement then in effect until the expiration thereof, and thereafter as it may be renewed or reissued from time to time. In the event, CELEBRATION does not request a decision of the CITY, the CITY may nevertheless make the decision at any time after the expiration of the guaranteed term. 10. The CITY shall enter into a Mooring and Dockage Agreement (hereinafter "M&D ,Agreement") with CELEBRATION for the berth on the East side of the finger pier (`hereinafter the "berth"), upon the "completion of construction" as defined above. The M&D Agreement shall not be assigned or subleased. The M&D Agreement shall be for a term of one year and shall be reissued for at least an additional two years, for a total guaranteed term of three (3) years (hereinafter the "guaranteed term"). The form of the JHT LMI -5- STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 M&D Agreement shall be the same form currently used for other vessels at Miamarina at the time it is issued or reissued. The dockage rate shall be adjustable unilaterally by the CITY, but at all times equivalent to the dockage rate charged at Miamarina to other vessels of like size and operation, i.e., Sight-seeing boats, and which vessels are not otherwise governed by the PIER 5 BOATMEN'S ASSOCIATION SETTLEMENT AGREEMENT (which has a separate fee schedule). During the guaranteed term: (a) the maximum number of vessels which may use the berth shall be two (2); (b) a second vessel may not use the berth unless it already has a separate Mooring and Dockage Agreement with the CITY, which is not otherwise in default, and is paying dockage fees to the CITY for a second berth; (c) both vessels shall be owned (or leased and operated) by CELEBRATION; and (d) under no circumstances shall both of CELEBRATION's vessels be physically inside Miamarina at the same time or operating from the berth in any one calendar day. Nothing contained herein shall restrict any rights or obligations that CELEBRATION may have under any other Mooring and Dockage Agreement with the CITY, including any other Mooring and Dockage Agreement for a Sight-seeing boat. 11. CELEBRATION recognizes and understands that its use of the finger pier shall be interrupted by construction of new docks and improvements at Miamarina (hereinafter "Miamarina Redevelopment"). The necessity for the interruption, and the length of the interruption, shall be in the sole judgment of the CITY (upon notification from the contractor), who, under the provisions of paragraph 12, shall use its best good faith efforts to minimize the interruption. During the interruption, the CITY agrees that CELEBRATION may operate its vessel from another berth at Miamarina, either inside or JHT LMI -6- 11846 0 i E STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 on the outside wall under a separate and temporary Mooring and Dockage Agreement (hereinafter "the alternative berth"), if an alternative berth is available in the sole discretion of the CITY, or CELEBRATION may reject the alternative berth and not operate at Miamarina during the period when the finger pier is unavailable. During the time CELEBRATION's use of the finger pier is interrupted and unavailable during construction activities, the M&D Agreement, including. the obligation to pay dockage fees and the running of the guaranteed term, shall be suspended. Accordingly, CELEBRATION agrees to vacate the finger pier when notified by the CITY that work shall commence on construction of the Miamarina Redevelopment. In addition, CELEBRATION agrees to cause so much of the finger pier to be removed as is required by the CITY and its 0 contractor in their sole discretion during construction of the Miamarina Redevelopment. Upon the completion of construction, CELEBRATION may rebuild the finger pier at its sole cost and expense under the same terms and conditions as listed in paragraphs 2 through 8 above. The CITY agrees to provide at least fourteen (14) days advance notice (hereinafter the "grace period") to CELEBRATION to vacate the finger pier and/or remove same. In the event that CELEBRATION fails to remove its vessel and/or the finger pier within twenty-four (24) hours after the expiration of the grace period: (a) CELEBRATION shall cease doing any business or operating its vessel within Miamarina, (b) CELEBRATION shall be prohibited from accessing the landside of the Miamarina and/or Bayside property adjacent to the Miamarina from the finger pier, which the CITY shall be free to physically block; (c) CELEBRATION shall pay the CITY liquidated damages in the amount of $5,000.00 per day for each day CELEBRATION's vessel JHT WB LMI • • • STEPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 remains at the finger pier and/or the finger pier is not removed; and (d) after the accrual of 10 days of liquidated damages, the CITY may physically remove CELEBRATION's vessel and/or the finger pier from the Miamarina, at the sole cost and expense of CELEBRATION (which cost and expense shall be immediately taxed by the Court and reduced to final judgment after hearing), without the CITY incurring any civil liability therefore, even if it is alleged that the CITY was negligent. All liquidated damages called for herein shall be immediately reduced to final judgment by the Court after notice and a hearing. Until paid, the liquidated damages accrued as provided herein shall constitute a maritime lien against the CELEBRATION's vessel, the NI/V CELEBRATION. 12. The CITY agrees to use its best good faith efforts to plan the Mamarina Redevelopment to minimize the time the finger pier cannot be used by CELEBRATION due to construction of the Miamarina Redevelopment. However, the CITY's good faith in this regard shall not be subject to Court review, challenge by CELEBRATION, or litigation whatsoever. Likewise, CELEBRATION agrees not to interfere in any way whatsoever with either the planning, actual construction, or the financing of the Miamarina Redevelopment. 13. Upon approval of this STIPULATED SETTLEMENT by the Court, the claims and causes of action asserted, or which could be asserted, by CELEBRATION in this litigation against any of the parties to this litigation are hereby dismissed with prejudice and without costs, and are forever barred. 14. CELEBRATION, the CITY, BAYSIDE and ROUSE acknowledge that ® there are no third party beneficiaries to this agreement. P- JHT LM1 -8- 11846. _s STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 15. CELEBRATION further acknowledges that the CITY, in the future, may impose by ordinance, or Administrative Order of the City Manager, a Sight-seeing boat Limitation, but that while CELEBRATION has in effect a Mooring and Dockage Agreement for the finger pier, CELEBRATION's M & D Agreement, to the extent that it exceeds the Limitation, shall be grandfathered from the effect thereof, but.shall, however, be counted toward reaching the Limitation. 16. All notices or other communications which shall or may be given pursuant to this STIPULATED SETTLEMENT shall be in writing and shall be delivered by personal service, or by certified mail (return receipt requested) addressed to the other party at the address indicated herein or as the same may be changed from time to time by notice given to the other party. Such notice shall be deemed given on the day on which personally served, or, if by certified mail, on the third day after posting or the date of actual receipt, whichever is earlier: TO THE CITY: Marinas Manager The City of Miami Dinner Key Marina 3400 Pan American Drive Miami, FL 33133 TO CELEBRATION: Celebration Excursions of Miami, Inc. Attn: Michael A. Dudik 3239 W. Trade Ave. #9 Miami, FL 33133 TO ROUSE & BAYSIDE: The Rouse Company Legal Division 10275 Little Patuxent Parkway Columbia, Maryland 21044 Attn: Richard Galen, Esq. Vice President and Associate General Counsel JHT WB LMI STIPULATED SETTLEMENT AND AGREED ORDER 0 CASE NO.: 9"2485 CA 13 17. In the event that it is deemed necessary for any party hereto to file a motion • to enforce the terms of this STIPULATED SETTLEMENT, then the prevailing party shall be entitled to reasonable attorney's fees. 18. A waiver of the breach of any of the terms of this STIPULATED SETTLEMENT shall not be construed to be a waiver of any other term or any succeeding breach. 19. The provisions of this STIPULATED SETTLEMENT contain the entire understanding of the parties hereto concerning the subject matter hereof. No modifications, amendment, changes, releases, discharges or waivers of any of the provisions hereof shall be of any force and effect unless signed in writing by all of the parties hereto. 20. This STIPULATED SETTLEMENT shall be contingent upon the occurrence of both of the following conditions precedent: (a) the approval of this agreement by Resolution of the City of Miami, City Commission, within sixty (60) days of the date this STIPULATED SETTLEMENT is signed by the attorney for each party (whichever is latest); and (b) the enactment of an ordinance, amending the Code of the City of Miami, or the promulgation of an Administrative Rule by the City Manager (whichever occurs first), imposing a Sight=seeing boat Limitation. The failure of either of these conditions precedent to occur shall cause this STIPULATED SETTLEMENT to become null, void and of no force and effect, and the parties shall continue with this litigation as if there had been no settlement. This STIPULATED SETTLEMENT shall -10- 1184, E STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 not be submitted to the Court for entry until and unless these conditions precedent stated above in this paragraph have been satisfied. 21. The Court shall retain jurisdiction of this cause to enforce the terms of this STIPULATED SETTLEMENT. 22. Although not a party to this litigation, BAYSIDE joins in this agreement as owner of Bayside Marketplace. 23. Unless otherwise defined in the Code of the City of Miami, Section 50-1, the following terms used in this STIPULATION shall have the following meanin& a. "Sight-seeing boat Limitation" - a limitation on the number of Sightseeing Boats which may operate from Miamarina. DATED: DATED: Jc•�c� Z la , 1 ���� tr LAW OFFICES JOHN H. THOMAS, P.A. A. QUINN JONES, III, City Attorney JOHN H. THOMAS, ESQ. WARREN BITTNER, Asst. City Atty. Attorney for CELEBRATION Attorney for CITY OF MIAMI 3037 S.W. 4th Ave. DuPont Plaza Center, Suite 300 Miami, FL 33129 300 Biscayne Blvd. Way Tel: (305) 858-2122 Miami, FL 33131 Fax: (305) 85.8-0948 Tel: (305) 579-6700 Fax: (305) 579-3399 By: By: (� JOHN H. THOMAS, ESQ. AARREN BITTNER Fla. Bar No. ssistant City Attorney / AFla. Bar No. 370959 JHT VFV LMI 0 11 STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 DATED: LAUREL M. ISICOFF, ESQ. LAW OFFICES OF KOZYAK TROPIN & THROCKMORTON, P.A. Attorneys for ROUSE- MIAMI, INC. and BAYSIDE CENTER LI IITED PARTNERSHIP 2800 First Union Financial Center 200 South Biscayne Blvd Miami, FL 33131-2335 Tel: (305) 372-1900 Fax: (305) 372-3508 By: LAUREL M. ISICOFF, ESQ. Fla. Bar No. 350923 AGREED ORDER THE COURT, having considered the above STIPULATED SETTLEMENT, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that: 1. The foregoing STIPULATED SETTLEMENT is hereby approved. 2. This case is hereby dismissed with prejudice and without costs as to all parties. All claims asserted herein by CELEBRATION EXCURSIONS OF MIAMI, INC., or which could have been asserted herein by CELEBRATION EXCURSIONS OF MIAMI, INC., against any party to this litigation, up to the date of this STIPULATED SETTLEMENT are forever barred. /// 0 /// i JHT LNU -1z- 1 STIPULATED SETTLEMENT AND AGREED ORDER CASE NO.: 95-02485 CA 13 3. This Court shall retain jurisdiction to enforce the terms of this STIPULATED SETTLEMENT. DONE AND ORDERED at Miami, Florida, this day of February, 1996, copies furnished to: John H. Thomas, Esq. Warren Bittner, Asst. City Attorney Laurel M. Isicoff, Esq. • • CIRCUIT COURT JUDGE JHT LMI � I• I I -.I .,_.. I ' � i �, - ,.,:...� --�- 7 ..�, !---'•'-`.ice PI 1 � K-�• Q zt MY (LEE, IJ�'_ a .I `I _ T I -__� --- - tz e �. i_ to ► a �..^.:w.. �S."2.0 � ���... �-'�..:•� races w..... iQ '.l yST.?'J TV4AL cI.00- OLAN > V Y x ti ,l 10-11-95 03. 02PM '2919-� 3@S� 79335i9 ct 3 told 10101 • 0 �— "- ._.` ..ate, r ' � .Q'. Zi it all loop to e 1 =., � � •ter., � t � •�' � I 1 It I I � _ + •'•' V13 \11o, \ �� � . t �.• /•'`.•\ `' fir• //. \—oo-olap G. + JHT WB +LMI . 46 11 CELEBRATION EXCURSIONS OF MIAMI, INC, a Florida corporation, Petitioner, vs. THE CITY OF MIAMI, a municipal corporation, ROUSE-MIAMI, INC, a Florida corporation, and PIER 5 BOATMEN'S ASSOCIATION, INC, a Florida corporation, MGA ENTERTAINMENT, INC, a Florida corporation, THE SCHOONER HERITAGE OF MIAMI, INC, a Florida corporation, ISLAND QUEEN SIGHTSEEING TOURS, INC, a Florida corporation, and BAYSIDE CRUISES, INC, a Florida corporation, as their interests may appear, Respondents / WHEREAS the parties desire to clarify their was approved by the Court by the Agreed Order additional statement is made by the parties: IN THE CIRCUIT COURT FOR THE I ITH JUDICIAL CIRCUIT IN AND FOR DARE COUNTY, FLORIDA ,Ij GENERAL JURISDICTION. 2, l CASE NO. 95-02485 CA-13 CLARIFICATION TO n -r STIPULATED SEj=I!I�T rn AND AGREED ORDER r" � °' 70 l N �1 A O o lated Settlement in this action, which d February 12, 1996, the following The sketch of the South Quaywall finger pier, las depicted in EXHIBIT "A", and the location of the finger pier depicted in EXHIBIT "B", both as exhibits to the Stipulated Settlement, indicate a two-sided finger pier approxim Viewing Pavilion on the South Quaywall at Bayside the finger pier shall be constructed approximately 4 provide only one dock slip, which is to be occupied by CELEBRATION EXCURSIONS OF MIAMI, INC John H. Thomas, P.A., Attorney for CELEBRATION 3037 S.W. 4th Avenue Miami, FL 33129 305/ 858-21Z2 F/ 858-0948 11 By: r JO H. THOMAS Date Fla. Bar No. 266711 22 feet to the East side of the West The parties hereby agree that from that Viewing Pavilion and shall Celebration Excursions of Miami, Inc . Ar NgR�EY RUN �"�r cz£,,k �6 CJ 2 CITY OF MIAMI A. Quinn Jones, III, City Attorney for CITY OF MIAMI DuPont Plaza Center, Suite 300 300 Biscayne Blvd. Way Miami, FL 33131 3051 579-6700 ax 3051 579-3399 - -- A I By: c'Q�-Asst- - V WABITTNER, City Atorney Date Fla No.370959 Attorneys for ROUSE-MIAMI, INC and BAYSIDE CENTS] Kezyak Tropir. & Throckmorton, P.A., Attorney for ROUSE 2800 First Union Financial Center 200 S. Biscayne Blvd Miami, FL 33131-2335 3051 372-1800 Fax 305/ 372-3508 By: PA - X �LI LAU L .ISICOFF Date Fla. Bar No. 350923 THE COURT, having considered the above being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the is hereby approved. DONE AND ORDERED at Miami, Florida, this Copies furnished to: John H. Thomas Warren Bittner Laurel M. Isicoff 0 1413clar.stp 95-02A CA-13 LIMITED PARTNERSHIP Lion of Stipulated Settlement, and Clarification to Stipulated Settlement A' day of February, 1996. COURT JUDGE STATE OF FLORIDA, COUNTY OF DADE �° CaN4 I HEREBY CERTIFY that the ForegoL a c o('ppv a, the ♦ .,,u original on file in this olf;:e. !; �� HARVEY RUVIN, CLERK, of t imil an;: C.ju' y 0eputy Clerk 73`�v� J X • This maps shows the 13 ne.etro districts. -terpret the figures cautiquslypulation I ures, ->m the census, are accurate, but voter totals come I om less reliable voter rolls. On these rolls iispanics' are pimple borh in a Spanish-speaking ountry. while most U.S.-born Hispanics are punted as 'white.' Percent Percent Percent STRICT ONE whhe black Hlsp, del pdptiteti6n: 148,879 "-4:•, 18.4 61.2 =• A 20.4 !� egistered Voters: 49,198 26.4 65.4 O Z r ,STRICT TWO AW popAatlon: 149,S56 19.7 •• .. egistered voter$; 47,154 77.7 54.4 7.9 f ' '' • ISTRICT THREE :)tel poputatlon: 14a.522 10.8 � • 57.0 . 322 egistered Voters. 43.065 19.8 66.0 14A (STRICT FOUR M 0/00M % ♦J •�'�� -.. Xal PopuilaWn:14a.902 71.8 6.5 21.7 •0 egistered Voters: 66.496 88.6 2.5 8.9 04 (STRICT FIVE oral poO0eot1:148.088 '' 29.5 4.5 68.0 :egistered Voters: 46.146 57.6 S.7 36.7 r t . , W.1, IVIM. ads , 119 I , y oa�ri by — 'I' f 01� ;T;; e:- f�,z . — .% op' F . • 00 MIA d4 Sec. 50-310. Sightseeing boat limitation. No more than a total of eight sightseeing boats may hold) a dockage agreement at the Miamarina basin (excluding the outside wall). Licensees of sightseeing beats holding, such agreements may, in the sole discretion of the Ciry, operate a second sightseeing boat as a replacement sightseeing boat from the stone slip at Miamarina provided that: (1) Both sightseeing boats are not physically present, or operating at :the same time, within the Miamarina basin. Only one ; boat, either the primary sightseeing boat or the replacement sightseeing boat, may operate .from the Miamarina sightseeing boat slip in zany one calendar day. The replacement boat may operate from the Miamarina sightseeing boat slip assigned to the primary sightseeing boat after notice to Bayside and to the City and only when the ,primary sightseeing boat is absent from its assigned slip for documented repairs or inspections. (2) The Licensee of the sightseeing boat holding a dockage a at N4iarrmarina also holds a current Mooring & Dockage License Agreement for a. second sightseeing boat at a City marina facility and is paying the commercial boat dockage fee for that second vessel. (3) All sightseeing boats meet the design. and operational. criteria established by the City Manager or designee for sightseeing boats operating from Miarmrina. (4) The Licensee of the sightseeing boats has not had either his or her iMooring & Dockage License Agreements for either boat revoked or canceled by the dockmaster for at least twelve (12) months, that neither License: Agreement is in default, and that all dockage fees under the License Agreements have been fully paid and are otherwise current and not in arrears. (5) Both boats must be owned (or leased and operated) by the same person or entity. i i (b) The vessel that operates primarily as a motor vessel may not be substituted for a vessel that operates primarily as a sailing vessel. i S J b M I U ed n i o the it, TOCOrd In connae- best with on &-/2-,99 Wafter Forman 11846 CRYu� • • 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla 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. 11847 In the ...........XXXXX...................... Court, .. wig pu lisped In fjdqTwspaper 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 next preceding the first publication of the attached copy o dvertisement; and afflant further says that she has neith p Id no promised any person, firm or corporation any 4scophrit, rebate, commission or refund for the purpose of aqcurjng this advArtisement for publication In the said (Qfn to and�su cri b re me thl� 5 /W/ ii///%14 ovem r `� o �... A.D. 19...... (SEAL) jsU OFACIAL "TARY SIFAI Sookle Williams pV'. o ".NFTT LLER6MA CC560004 SAY 60MM68"Of �OJlIiE 22.�0 CITY OF MIAMI, FLO(RIDA�. r . "LEGAL NOTICE - All interested persons will -take notice that on'the 26th-fty of Oc ber, 1999, •the City Commission of Miami, Florida adopteccMp6tir wt titled=ordinances:' D iT+ Xi9 G. ORDINANCE NO: 11846. �1 ..o X AN ORDINANCE OF..THE MIAMI CITY COMIWSSPPN. AMENDING_ `CHAPTER 50/ART.ICLE V/DIVISION 3 OF.1ZE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS; VESSELS 'AND':,WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS',; -TO- ALLOW CUR- RENT --'SIGHTSEEING BOAT DOCKAGE. AGREEMENT HOLDERS'OPERATING WITHIN THE INSIDE"BASIN OF MIAMARINA -TO OPERATL-A REPLACEMENT'SIGHTSEE- iNG-BOAT'UNDER CERTAIN CONDITIONS;%MORE PAR- TICULARLY'.BY_AMENDING SECTION-'50`:310;' CONTAIN- ING A REPEALER PROVISION`'' AND,k•SEVERABILITY CLAUSE'AND`PROVIDING FOR AN'E_ FFECTIVE DATE.:. .' ORDINANCE NO. 11847 AN ORDINANCE OF THEM MIAMI CITY COMMISSION AMENDING CHAPTER 56 OF THE CODE'OF THE CITY OF MIAMI,. FLORIDA, AS' AMENDED;:•ENTITLED "TAXATION'," TO .PROVIDE •FOR' AN -ADDITIONAL .HOMESTEAD EX- EMPTION FOR -CERTAIN QUALIFYING -SENIOR CITIZENS TO -BE APPLIED -TO MILLAGE RATES LEVIED BY THE CITY OF MIAMI; PROVIDING FOR REQUIREMENT OF AN- NUAL -APPLICATION AND SUBMISSION OFrSUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER . OF 'EX- .EMPTION; AND PROVIDING. FOR AN. ANNUAL INCREASE IN THE INCOME LIMITATION; MORE PARTICULARLY BY ADDING=NEW•ARTICLE IV, ENTITLED."HOMESTEAD EX- EMPTION FOR -SENIOR, CITIZENS" TO. CHAPTER56 OF SAID CODE; DIRECTING THE CITY CLERK TO.TRANSMIT . A COPY OF THIS .tORDINANCE .-TO THE MIAMI-DADE COUNTY -PROPERTY "APPRAISER PRIOR TO DECEMBER 1, 1999; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AW EF- FECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. ' ORDINANCE NO. 11848 . AN ORDINANCE OF. THE MIAMI CITY.: COMMISSION AC- CEPT.ING A -GRANT FROM THE MIAMI-DADE CULTURAL AFFAIRS COUNCIL FOR THE MANUEL ARTIME ,PER- FORMING ARTS CENTER, AND ESTABLISHING A NEW. SPECIAL REVENUE. FUND ENTITLED: "ARTIME.CENTER. IMPROVEMENTS" LAND APPROPRIATING FUNDS FOR SAID PROJECT -IN-THE AMOUNT OF $145,000; AS. RE- FLECTED IN A GRANT AWARD AGREEMENT .OFFERED TO THE MANUEL ARTIME. PERFORMING ARTS CENTER BY" THE MIAMI-DADE CULTURAL AFFAIRS. COUNCIL; AUTHORIZING THE'CITY. MANAGER TO ACCEPT SAID GRANT AWARD":.AND EXECUTE THE NECESSARY. DOCUMENTS; .IN- A FORM ACCEPTABLE TO THE CITY ATTORNEY,-TO.IMPLEMENT ACCEPTANCE .OF SAID GRANT; CONTAINING A REPEALER PROVISION ,AND. A SEVERABILITY•. CLAUSE; AND PROVIDING FOR AN EF-, FECTIVE DATE. c�� ORDINANCE NO. 11849 AN ORDINANCE OF THE MIAMI CITY COMMISSION'.. AMENDING CHAPTER-2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA,_ AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMIS- SIONS," AND _CHAPTER 22, ENTITLED "GARBAGE AND -. OTHER SOLID WASTE" TO CREATE THE COMMERCIAL I 7SOLID-WASTE- MANAGEMENT ADVISORY COMMITTEE,, SET FORTH SAID' COMMITTEE'S FUNCTION AND RE- QUIREMENTS FOR MEMBERSHIP, PROVIDE FOR TERMS OF -OFFICE, FILLING OF•VACANCIES; OFFICERS, RULES OF ' PROCEDURE, MEETINGS,' OUORUMS, AND ATTENDANCE . REQUIREMENTS,- .ASSIGNMENT OF STAFF, -FILING OF OFFICIAL RECORDS AND THE. AN- NUAL REPORT, AND TO PROVIDE'FOR-THE "SUNSET' REVIEW OF" SAID. COMMITTEE EVERY -FOUR YEARS; MORE PARTICULARLY BY AMENDING SECTION' 2-892 AND BY ADDING NEW ARTICLE VII TO•CHAPTER 22=0F SAID CODE,_ CONSISTING. OF SECTIONS 22-170 THROUGH '22-174;, CONTAINING A REPEALER PROV11 • SIGN AND A SEVERABILITY CLAUSE;"AND• PROVIDING -`FOR AN EFFECTIVE DATE. , ORDINANCE NO. 11850 BAN EMERGENCY_ ORDINANCE OF THE MIAMI CITY' I COMMISSION'RELATED TO THE.BROWNSFIELDS ADVI SORY BOARD ("BAB"); AMENDING THE CODE OF THE-- CITY,OF.MIAMI, FLORIDA, AS'AMENDED ("CODE'), TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO -CONVENE A MEETING OF BAB; MORE PARTICULARLY BY AMENDING -SECTIONS 2-887.AND 2 !. -_I131 ,OF SAID'CODE; CONTAINING A -REPEALER 'PROV1 SION -AND A SEVERABILITY CLAUSE; -AND •PROVIDING' FOR AN,EFFECTIVE DATE. -ORDINANCE'N0:-11851� 1 AN • EMERGENCY'=ORDINANCE- OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE 11 OF THE i CODE OF THE CITY OF MIAMI; FLORIDA.AS AMENDED, .� ENTITLED *s-'ADMINISTRATION/MAYOR AND CITY }COMMISSIOfi:'± BYzfADDING -LANGUAGE' TO CLARIFY _. SECTION;4OF=THE: GHARTEfl ;OF THE 61T, i O S C Y MIAMI, FLORIDA, AS AMENDED, AS 1T RELATES TO THE TIME WHEN THE REMOVAL OF THE CITY MANAGER BY r THE MAYOR WILL TAKE EFFECT; MORE PARTICULARLY + 'BY ADDING NEW SECTION 2-37 TO SAID CODE; CON- TAINING A -REPEALER PROVISION AND A SEVERABILITY M CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. i ` - r I Said ordinances may be inspected by the public at the Office of the I.City Clerk, 3500 Pan,Amedcan, Drive; Miami, Florida, Monday through I Friday, excluding holidays, between the hours of &a.m. and 5 p.m. city of Walter J. Foeman City Clerk (#8209) _ I 11/57_ >98-471105119M • • 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 AMENDING SECTION 22-12, ETC. in the.....................XXXXX ........................................................... Court, vYas-4-ubli$hed iq syitJ Twspaper 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 affiant further says that she has neither paid nor promised any p rm or corporation any disco t, rebate, commi n r refu d for the purpose of sec ng this adverti ent or publ ation in the said news pej., ��'••T••..................... ....... ... .... 1 SMA apd sybscribed before me ftt jg dayof............................................��.................. A.D. 19...... y (SEAL) :. d />,.,,OSFFICIA�L NOTARY y t�AMER MBERCOctelma VXte,Rei ayNXh ..MR IamOUMS10N NU CC34454S CtfiSSlAS APR. 000l,�MYOd�EXPIRESCO)F f�_0 CITY OF MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCES i Notice is hereby given that the City Commission of the City of Mi- ami, Florida, will consider the following ordinances on -second, and, final reading on October 12, ' 1999, commericing at 1.0:00 'a.m., in the City ,Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION: 'AMENDING CHAPTER 40, ARTICLE III, OF THE CODE OF ' THE CITY OF MIAMI, 'FLORIDA, AS AMENDED, ENTITLED: "PERSONNEUCIVIL SERVICE RULES AND REGULA-, TONS", TO COMPLY WITH THE MAY 4, 1999 COURT'OR- I DER ISSUED BY THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, RELATIVE TO THE 1977 CONSENT DECREE, BY AMENDING` THE CITY- OF MIAMI CIVIL SERVICE RULES AND- REGULATIONS AS -THEY PERTAIN TO THE MANNER OF CERTIFICATION OF` ELIGIBLE INDIVIDUALS FOR PERSONNEL - APPOINT- . -MENT; 'MORE PARTICULARLY BY AMENDING SECTION 40-88 BY DELETING SUBSECTION (e) IN ITS ENTIRETY; . CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. /( P ORDINANCE NO. AN ORDINANCE OF" THE MIAMI CITY COMMISSION AMENDING AP R 50 R ISION 3 OFHE - CODE OF E eiTY AMI, FLORIDA,AS-AMENDED, ENTITLED "SHIPS, VESSELS -AND WATERWAYS/CITY -MARINAS/COMMERCIAL VESSELS"; TO ALLOW. CUFQ.,_, � RENT SIGHTSEEING BOAT DOCKAGE AGREEMEN.N. ;r HOLDERS OPERATING WITHIN THE INSIDE BASIN CF�20 MIAMARINA TO OPERATE_ A SECOND • SIGHTSEEIPW.tf* BOAT UNDER CERTAIN CONDITIONS; MORE PARTIC1Y-"C--_10 LARLY BY AMENDING SECTION ' 50-310; CONTAININ43:04 . REPEALER PROVISION •AND A_ SEVERABILITY CL ' - AND PROVIDING FOR AN EFFECTIVE DATE.�pd„ ORDINANCE NO. 1i,- :z AN ORDINANCE .OF', THE MIAMI' CITY COMM1�100b. AMENDING SECTION 22-12 OF THE*CODE OF THE Cll.e OF MIAMI, FLORIDA, AS AMENDED; THEREBY INCREAS- ING THE SOLID WASTE FEE FROM: $216.00 to '$234.00 FOR FY 1999-2000, EFFECTIVE APRIL 1, 2000; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Of - Lice of the City Clerk, 3500 Pan American -Drive; Miami, Florida, Mon- day through Friday; excluding holidays, between the hours of, 8.a.m. and 5 p.m, n j All interested persons may appear at the meeting and may be heard with respect to the proposed ordinances. Should any person desire. to I appeal any decision of the City Commission with respect to any matter to be considered at 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 may be based. I S'1 OF WALTER J. FOEMAN CITY1CLERK o a 9pEcmn LU I(#5293) - 0 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 NOTICE OF PROPOSED ORDINANCES OCTOBER 26, 1999 ORD. "SHIPS, VESSELS AND WATERWAYS/CITY MARINAS/ COMMERCIAL VESSELS" in the ................... XXXXX.......................................... Court, was iblished in said newspaper in the issues of OCR 15. 1999 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 affiant further says that she has neither paid nor promised any person, firm or corporation any discoynt, rebate, come or and for the purpose of securfnq this adve for p lication in the said 15 o to dd s scri f re me jhI of3e.... .day .... .... .......... ................ A.D.19 ..... .................. .. . . .. ....... ..P44 �Y S AL Jl NETT LLEft@t!A �� (SEAL) Oar.lr n comwSO0N Wma6R * Octelma V. Ferbeyre pe faq time. CC566004 7 e My OOMMISSION EXPIRES cVCJUKE 2g,2000 e TY OF-MIAMI,—FLORIDA• - NOTICE OF PROPOSED ORDINANCES Notice is hereby given that the City Commission of the City of Mi- imi, Florida, will consider the following ordinances on second and final eading-on October 26, 1999, commencing at 10:00 a.m., in the City ;ommission Chambers, 3500 Pan American Drive, -Miami, Florida:. , ORDINANCE NO. AN ORDINANCE OF THE, MIAMI CITY COMMISSION, AMENDING CHAPTER 50/ARTICLE V/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS AND WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS; TO ALLOW CURRENT SIGHTSEEING BOAT DOCKAGE AGREEMENT HOLDERS OPERATING WITHIN THE INSIDE BASIN- OF MIAMARINA TO OPERATE A SECOND SIGHTSEEING BOAT -UNDER CERTAIN CONDITIONS; MORE PARTICULARLY BY AMENDING SECTION. 50-310; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT FROM THE MIAMI-DADE CULTURAL AFFAIRS COUNCIL- FOR THE MANUEL ARTIME PERFORMING ARTS CENTER, AND ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "ARTIME CENTER IMPROVEMENTS"AND APPROPRIATING ' FUNDS FOR 'SAID PROJECT IN THE --AMOUNT OF $145,000, AS REFLECTED IN A GRANT AWARD AGREEMENT OFFERED TO THE. .MANUEL ARTIME PERFORMING ARTS CENTER BY THE MIAMI- DADE CULTURAL AFFAIRS COUNCIL; AUTHORIZING THE -CITY MANAGER TO; -ACCEPT SAID GRANT,AWARD,AND - EXECUTE THE NECESSARY DOCUMENTS,—] NA' FORM •- ACCEPTABLE TO THE CITY ATTORNEY, -TO IMPLEMENT ACCEPTANCE OF- SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER "42/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'TOWING OF MOTOR VEHICLES;" TO PROVIDE DEFINITIONS AND- ESTABLISH REGULATIONS, PROCEDURES AND PENALTIES FOR THE IMMOBILIZATION OF : VEHICLES PARKED ON; PRIVATE PROPERTY WITHOUT PERMISSION 'OR AUTHORITY; MORE PARTICULARLY BY RENAMING ARTICLE IV TO 'TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," BY DIVIDING SAID ARTICLE INTO DIVISIONS 1,.2, AND 3,.BY AMENDING SECTIONS 42-102- ,THROUGH 42-104, AND BY ADDING NEW SECTIONS 42- 116 TO 42-118 TO SAID CODE; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. •- E ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER.56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'TAXATION," TO PROVIDE FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO' BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY OF MIAMI; PROVIDING FOR REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION, AND"PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; MORE PARTICULARLY BY ADDING NEW ARTICLE IV, ENTITLED "HOMESTEAD EXEMPTION FOR SENIOR CITIZENS" TO CHAPTER 56 OF SAID CODE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER PRIOR TO DECEMBER 1, 1999; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. ORDINANCE NO. AN ORDINANCE OF .THE( MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED. "ADMINISTRATION/BOARDS, COMMITTEES, COMMIS- SIONS", AND CHAPTER 22, ENTITLED "GARBAGE AND OTHER SOLID WASTE" TO CREATE -THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE, j SET FORTH SAID COMMITTEE'S . FUNCTION AND -REQUIREMENTS FOR. MEMBERSHIP, PROVIDE FOR TERMS OF OFFICE, FILLING OF VACANCIES, OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUMS, AND ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, FILING OF OFFICIAL RECORDS AND THE JANNUAL REPORT, AND TO PROVIDE FOR THE "SUNSET' REVIEW OF SAID COMMITTEE EVERY FOUR YEARS; MORE PARTICULARLY BY AMENDING SECTION 2-892 i AND BY ADDING NEW ARTICLE VII TO CHAPTER 22 OF SAID CODE, CONSISTING OF SECTIONS 22-170 THROUGH 22-174; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Of- fice of the City Clerk, 3500 Pan American Drive, Miami, Florida, Mon- day through Friday, excluding holidays, between the hours of 8, a.m. and 5 p.m. 1 ,All interested persons may appear at the meeting and may be heard With respect to the proposed ordinances. Should any person desire to 1 appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a ver- I batim record of the proceedings is made .including all testimony and evidence upon which any appeal may be based. rW �4s WALTER J. FOEMAN Q CITY CLERK � F�aFWp� (#8201) 10/15