HomeMy WebLinkAboutO-11343J-96-119
1/25/96 11343
ORDINANCE NO.
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 53-81 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:l/
"Chapter 53
STADIUMS, MARINAS, EXHIBITION AND CONVENTION CENTERS
ARTICLE II. CITY MARINAS
DIVISION 1. GENERALLY
Sec. 53-30. Dockage in certain locations not
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.
11343
a) 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 Quay 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 in 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. 53-81
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 -
t 13 -413
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 given 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.
4ATTEST-
CITYJ. E CLERK
PREPARED AND APPROVED BY:
N BITTNER
TANT CITY ATTORNEY
06:WRB:BSS
- 3 -
STE HEN P. CLA MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
11143
SENT 3Y: 02-21-96 04:52FM 3053722919-� 305858170'7
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 54
TO: Honorable Mayor and Members
of the City Commission
Ces
FROM Cit Y g ero
RECOMMENDATION:
DATE : February 20, 1996 FILE
SuBJECT : ordinance Amending
Chapter 53 of City Code
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Ordinance amending Chapter 53 of the Code of the City of
Miami, Florida, providing for regulations of vessels at
Miamarina.
I ��T+I:f : • tt�
The Department of Public Facilities has reviewed Chapter 53 of
the City Code regarding dockage and lease agreements, and
recommends amending Sections 53-30 and 53-72, and adding Section
53-81 limiting the number of Sight-seeing vessels at Miamarina.
Marina regulations are premised upon the maintenance of sanitary
and sightly conditions, orderliness and the preservation of the
public health, safety, peace, welfare and convenience in the use
of the marina areas. Over -saturation of Sight-seeing boats
within the Miamarina basin is resulting in breaches of the peace,
loud noise and potentially hazardous navigation conditions.
Accordingly, it is recommended that the regulations regarding
issuance of lease agreements or dockage agreements for Sight-
seeing boats for berths within the Miamarina basin (excluding the
outside wall), be amended to limit the number to no more than a
total of eight (8). All existing lease or dockage agreements
shall be grandfathered.
12
of �iamrj�
WALTER J. FOEMAN
City Clerk
March 12, 1996
Alyce A. Whitson, Esq.
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. Whitson:
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11331 11340 11343 11344 11345
If I can be of any further assistance, please do not hesitate to call.
Very truly yours,
ti
Valerie Puyans
Deputy Clerk
Enc. a/s
CESAR H. ODIO
City Manager
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
-ft#la of 'ffltam_
OF,
WALTER J. FOEMAN
Cit�sClerJS=,1:., �.
f
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
March 12, 1996
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11331 11340 11343 11344 11345
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
I1 ('
BY:
DEPUTY CLERKi+
RECEIVED BY:
DATE:
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
if -1 tv a f 'ffliamq�
WALTER J. FOEMAN
City Clerk
March 12, 1996
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIC)
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
,1 11331 11340 11343 11344 11345
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
BY:
DEPUTY
RECEIVED BY:
DATE:
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
O ate. ..,.-, .. 111 PLWIC6."TH APPLICABLE CITY OF MiIG1hNAM`METRO-
PQLITAjt - COUNTY REQUIREMENTS; =ltfrllN!lDVIMK3
.OF A GUARD HIM FAC1t IM. ";NISI'AL-
191 TION OF TRAFFIC CANT bEVICES,
All inMd'p8rsorls.wll take "ndios'flaW} 11tRt-it• AND NG AND. APPRDPRtATIN� Afi1p1INT NOT
ae1r:, tt186,1hwClyCommission of M isn* Floridity a0tlpwpd ihF fQNowYrg' p( kI�Nr1D D THOf�iUND 0O LM""DIWO)
MIAMI DAII I At "NriPjlOVQdENTS, AND ADDITIONAL
Published Dr "fOR Ir1TEI RWING,A
NO,: REOU 4mmrseIENT FOR Am ove %I nut.
Miar ANEMIERIMiNK'Y# COR flUl401Il`TTTL "®U'f1mdDE
FIANCE 10..t tiX , AS t1I1MG' ti T A. LOCATION REQUIRING EXECUTION OF INTERLOCAL
STATE OF FLORIDA ; iMj °SilNh liliTIALLY THE POW, ffTACHED
COUNTY OF DADE: -
PLANNING AND -, COf3RDINATK*,' BY CITY AND METAL lTAN WIDE
Before the underr FUNDS Ctitli�il'iK; ANING A 'REPEALER P.ROVIS1004 SEVER,
Octelma V. Ferbeyr + TI+E•LITAN 1N#?1f CLAUSE, AND PROVIDING FOR AN THE
Supervisor, Legal f 0 1i+IfZ�lT 1 MATHE ,ARAM '0 IIfAT$. —
Review Vk/a Miami Rt AREA AND. >iD. 80 AB' ME, - �'B'
and Legal Holidays) r UKYC*" `FLIMlD6 TO BE USED FOR THE ORDllitl ;NO,,1,1343
County, Florida; tha PClRTION Of. TME. ,; CHI1hTER S OF THE CODE OF.
being a Legal Advertl PLANNING '"STUDY; ,FURTHER LNG THE CITY 1W Off(I<F�MUM1 PLOFIDA, AS AAWNDED. T1� WV.IDE
,$AID, �MlD �E ALL i R,"VESl RAT70NS APPL�Ii4DIt *WV111E MIA-
MQUIRED DOCUA I*M, IN A FORM At�'TiAKE TO THE f;j 5k `P'ARft%LARLY EY M SECTIONS
CITY OF M "ON ATTORNEY; CONTAINING A REPEALER: PROVISION S8 3t) AA0 $)ftAND ADDING NEW SECTION 11"I TO SAID
ORDINANCE ; AND ASEV10RABILITYCLAUSE. CODE; 4)01 WG A _REPEALM PROVISIl^ MVER-
>ABWIlY CIA , AND PROVIDING FOR AN
(P.O. # 4 C FUND B17TItEp 'CLANG REDI)CTIOFI
Cit1dN11iliCE N0.11134�1
in the ....................... 51't?RTS PRO "i �F 'AO A� � AN OR61Ni :FNIATIM TO FEE C^A)LATONS FOR
was published in salt MR THE OPERATtOM $AMIE' Rd "�, OF '���" NG'ARTICI EV1 AND
;178,136 CONSISTING OF, WIAiT FROM A POLITAN Pt/ItI" Fe OF CHAPTER 82 OF 11* CI� BY
Mar 15, 1 TPADE COUNTY; AUTHORIZING THE C17Y MAft TO C�ANGt�I(3 TEXT OF SECTION;82�I (3) TO"� A6LISH
E)IECULE THE NECESSARY, FORM il! .9R THE CALCULATION:OFSAIi.F E$ FOR
AOCEPTABLE TO THE CITY AT'TO Y, TO ACCEPT SQD FOR ONE sTRfiL`T IE; ICONTANNNG
GRAN ; CONTAINING A REPEALER` PROVWON' ^ AND A, A Q _ iM0Y1810M1 AND A SEVEA/1811 tfY CLAUSE;
SEVERASK I7Y CLAUSE. AM PROVIDING FOR AN. EFFECTIVE DATt.
Attiant further as
Review is a newsy . OAIDEMANN�'lNO.T/3W ORDIIAl1C,NO,11348
County, Florida, and AN"OAD1NANCE AMENDING THE CITY CODE REiJ1TED TO AN ORDINANCE P43AIING TO FEE PAVMWM-. AMENDING
been continuously P THE . CITY OF. MIAMI GENERAL I EMKOY6W AND TICLE VtZONING AND PLANNING FPS,' OF CHAPTER 62 .
each day (except Sat SAIWTATM EMPLOYEES` RETIREMENT -`['RUST; .11108E ( THE CITY CODE BY ADDING A NBNf SECTM 62-63
has been entered at Y". .. ,. aA84 ,T ? PROVIDING FOR THE PARTIAL DEFEt#MENT `OF CERTAIN
office in Miami in sei " " ,THAT CERTAIN EMPLOYEES HIED AFTER MAP FEES ASSOCIATED WITH AN APPLICATION FOR AND
3ki 31, 1896
one year next precec °OF 'iHE CITY OF _ MIAMa d1 iA1 ISSUANCE OF A MAJOR USE SPECIAL ' PEIRM11T- FOR
copy of advertisemei .: EMPLOYEES' AND SANITATION DES' RETIREMENT
neither paid nor pro ' DEVELOPMENT ACTIVITY IN A •DULY :DESIGNATED CITY
any disCoun bate TFnJST;�,�8E4N6T'O-PROVIDE FOEVEF.OPMIENT DISTRICT; CONTAINING A' REPEALER
of securi this ad, FOR SETitflCE7l R=' AST � BUY- PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING
newspa r. BACK' ALAYMAEN� ✓OF ANYrAlNapNG"'*1ST FOR AN EFFECTIVE DATE.
�IC FUND ACCOUNT Ai .IO; FOR, 1WWAIN- EMPLOYEES;
CONTAINING A /tLER PROVISION AND A S RABILITY ORDNANCE NO.11340
CLAUSE; PR NIaiiiiR'A#OVECTIVItOAT£. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
............................... Ni1ANG SSiCTION 9D62; 'SEPARATION OF. RESIDENTIAL- INIINICE N0.1I34t AND NOWAMOOffiAL. USES,' A10, SECT.KW - -SM-8,
AN ORDINANCE :. I10 T11tO* SPECIAL REVENUE 'FfiNCEStW%.,LS' AND HEPQES,' 410 AM JR WAXATIONS -
FUNDS, AS PC3( t*WS, AND APPAOPAUATING FUNDS FOR PeRIAINI1G TO tW FINISHING OF, W 0* SIDES
15 y.........� � p M" RARE NDWESIQENTiIIIL I LDPM
........de� T NEW ENT
f06', IN THE AMOUNT OF 32, ,CNOb, AND PLAZA Tip THE RIMARIM PRIW30 THE
OF WOW.
. i`.Olgt1► A,
........ .... R�. 1gSQt I tTF ' /1►9 `` 13Y } PROVISION AND A SEVERABLITYtL110ft" DING
P sTiTita
vE DATE
(SEAL) 20 ; Ji
x ? OF �111 IN Gray be inspected by the,pu4�Mc still -9 os d the,.; ,
Octelma v ' CIUMiT/IIM IQ 1► . Ate A {3 1p)�t: 8F94 MMa°Ardedt" Drive #Msnr1, MOn6ay tlrrargh
yid CxISLISE.' 1ItdM�r ArABreEliMtoldAye,d4twden (rota; 1urRz4rtM16p.nr.
OF FL CIMCD#
AN
�A)EI!IG
DADS . FOiiEI MUIY't D ' p-#T' r WALTM&PUMAK
,
�y�►SO*"-Y ti
•�. .x r -r �, tt-