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Home My WebLink AboutO-11249J-95-413 04/27/95 11.249 ORDINANCE NO. AN EMERGENCY ORDINANCE RELATING TO STREET VENDING; AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED CHAPTER 39, ARTICLE II, BY CHANGING DATES RELATIVE TO INITIATION OF THE INAUGURAL FRANCHISE PERIOD FOR THE DOWNTOWN MIAMI SPECIAL VENDING DISTRICT TO JULY 1, 1995; REDUCING REQUIRED PUBLIC NOTICE OF VENDING FRANCHISE OPPORTUNITIES FOR SAID DISTRICT TO SIXTY (60) DAYS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission on January 12, 1995, adopted Ordinance No. 11212 establishing the Downtown Miami Special Vending District; and WHEREAS, said Ordinance, which is codified generally in Section 39-17.1 of the City Code, provided for the awarding of vending franchises in the Downtown area on May 1, 1995; and WHEREAS, it is apparent that there exists widespread apprehension and incomprehension among downtown street vendors regarding the lottery process for the awarding of franchise permits in specific vending zones in the newly created Downtown Miami Special Vending District; and WHEREAS, it is the intent and purpose of the herein provisions that vending zones in the Downtown Miami Special Vending District be assigned as fairly as possible to all competing vendors to eliminate ongoing civil discord and strife 11249 presently associated with the current system of vending zone occupation within the Downtown Miami area; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami in general, Downtown Miami and its inhabitants in particular, to establish this District 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 Section. Section 2. The Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ "CHAPTER 39 PEDDLERS, VENDORS, ITINERANT MANUFACTURERS, LOCKSMITHS AND TOOL GRINDERS Article II. SIDEWALK AND STREET VENDORS Sec. 39-11. Definitions. Franchise Document or Franchise Permit is defined as a document provided by the director. or Executive Director to 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, 11249 2 evidence the right granted pursuant to sections 39-17 and 39-17.1 to exclusively vend in a specified vending zone. Franchise Period is defined as the time, which shall be one (1) year (except for the inaugural franchise period for the Downtown Miami Special Vending District which shall beseventeen 4444- fifteen (15) months) , a vendor may be granted the franchise for a specific vending zone. Sec. 39-17. Limitations within the Downtown Miami Special Vending District. Vending within the Downtown Miami Special Vending District shall be subject to all generally applicable rules and regulations in this Article except as contrarily and specifically provided below: (5) Vending Zones. (c) Lottery. i. Franchise Rights ii. The DDA is authorized and directed to annually issue a "Notice of Street Vending Franchise Opportunities in Downtown Miami." Said notice for each franchise period shall be publicly advertised in a newspaper of general circulation approximately nineby (9-G ��i days— sixty (60) days prior to each Franchise Period and shall indicate the pending availability of exclusive vending zones in the district, and the terms of such availability, including the date, place and time of the lottery. Notices as for a Posted Notice Lottery may also be given, but shall be considered courtesy notice only. (12) Vending zones ender -this evElInanee shall not be occupied exclusively by a selected vendor Pursuant to this Section until July 1, 1995. Said date shall initiate the 1 11249 inaugural Franchise Period for the Downtown Miami Special Vending District. (16) Subsequent te-- the —:n4:tia--ett ry; Except as otherwise provided in this Section all franchise documents issued for vending activity within the District shall be valid for a period of one (1) year. Prior to the expiration date (September 30th of each year), vending zones shall once again be awarded pursuant to the Lottery requirements of this Section. The reallocation and assignment of vending zones shall become effective on October 1st of each year and no vendor shall be allowed to occupy the same vending zone for two (2) consecutive franchise periods. Section 3. This Ordinance is hereby declared to be an emergency measure on the grounds that it is in the best interest of the general welfare of the City of Miami in general, Downtown Miami and its inhabitants in particular, to change the starting date of the inaugural Franchise Period in the Downtown Miami Special Vending District, as hereinafter set forth, to provide for a longer period of vendor indoctrination. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the f preservation of peace, health, safety, and property of the City of Miami. Section 7. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of no less than four -fifths of the members of the Commission. Section 8. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of April 1995. ��` nmm STEPH N P. CLAR , MAYOR CITY CLERK PREPARED AND APPROVED BY: J L E. MAXWEL D PUT Y CITY AT ORNEY MS:W005.DOC 5 APPROVED AS TO FORM AND CORRECTNESS: o . 1 1�_ A. NN O S, II CITY EY 11249 MIAMI DAILY BUSINESS REVIEW Published Dally 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 LEGAL NOTICE ORDINANCE NO. 11249 Inthe................XX•XXX...................................... Court, was published In said newspaper in the Issues of May 11, 1995 AMiant 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 mall 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 perso or corporation any disco rebate, commissio fun for the purpose of secu g this advertiseme or ubll tlon In the said news per �Q ✓r�� Sworn to and subscribed before me this 11 May i 95 tley of.........................................................}., A.D. 19...... (SEAL) or Octelme V. Far a Il tpown to me.' s�a:`•'r o=CtAL NOTARY SaAI 1 C3 iBRYL tl MARMI� " uy OOMMwiBN Exr. APA.ON NO. � 996 . �Cifff. OF Mi, FLORID ' All InteMotedr(or$o,no will te..,, notice that on the 27th day of "April, 1996, which was continued to the tat day of May,.1008, the City Commission of Miami, Florida; adopted the following titled owinahoos; OgbINANI;E w► ' AN EMERGENCY,ORDINANCE RE & TO STREST. VENDING; AMENDING THE CODE OF THE CITY OF MIAMI; FLORIDA, AS AN AMENDED CHAPTER 39, ARTICLE II, BY,CHGING;bXTES' RELATIVE. TO INITIATION OF THE INAUGURAL FRANCHISE PERIOD FOR THE . • DOWNTOWN MIAMI SpEG(AL 'VENDING DISTRICT, TO JULY ,1. 1095; `REDUCING•-A50UIREb; PUBLIC NOTICE_ OF VENDING FRANCHISE" OPPORTUNITIES FOR`: SAID DISTRICT TO. SIXTY.. (60) DAYS; CONTAINING ;4A REPEALER PROVISION AND",A SEVEAA81LITY CLAUSE, ANb, PROVIDING FOR AN EFFECTIVE DATE. ( RINANCE No.11251 AN EMERGENCY ORDINANCE:_ CREATING A •NEW SPECIAL REVENUE FUND. ENTITLED: 'PROGRAMS FOR THE DEVELOP- MENTALLY DISABLE r -` 1996.96`, AND., APPROPRIATING:`. FUNDS; FOR ITS ORERATION"IN THE ESTIMATED ;TOTAL=AMOUNT, NOT TO EXCEED $484,694 CONSISTING OFAN ESTIMATED $360i760 GRANT, rFROM ; 'THE ,:,STATES ;OF ,FLOR DA,L' D0913 TMENT mOF. j HEALTH, AND REHABILITATIVE;t3ERVICS (HAS);?:$43,544AS-A CONTRIBUTION FROM'THE GENERAL FUND FOR THE REQUIRED LOCAL -MATCH,; AND. .$100.000Il CARRY-OVER:FUND.BALANCE FROM THE. SPECIAL: AEVENUE'`,FUND" ENTITLED ;'RECREATION ' PROGRAMS:FOR THE.;DEVELOPMENTALLY DISASLED � ., ,bs:,j CONTAINING "A ,REPEALER PROVISION"AND A'':SEVERA8ILITYr CLAUSE ORDINANCE NO,11252 AN " ORDINANCE . ESTABLISHING " FOURSPECIA4 REVENUE. FUNDS,, UNDER ,THE'; FOUR.;TITLES ,USTED:.BELOW_ AND APPROPRIAT04 FUNDS; FOtf THE:;OPEAATION OF; EACH OF THE FOUR ._(4) NEW , SPECIAL . REVENUE .FUNDS> )N ,THE, AMOUNTS SPECIFIED •AS*_FOLLOWS COMMUNITY DPIVELOh= ; MENT BLOCK;, GRANT;: (TWENTY FIRST;:: YEAR)` �3,709,000; HOME INVESTMENT PARTNERSHIP (HO ME) _°4,4$�t;03a,000;%EMER- GENCY SHELTER GRANT. (E$G)';4-$494,000, ANbaHOUSING OP,= PORTUNITIESFOR.PERSONS WITHAIDS_(HOPWA) `$7,908,000,' FURTHER• APPROPRIATING. THE "SUM .OF $2,700,000v;FROM TWENTIETH YEAR COMMUNITY,DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME ASi APPRbVED BV .THEDEPART MENT OF;,HOUSING,AND URBAN DEVELOPMENt(HUb)t TOTAL CDBG APPROP.,RIATION50F $it3,409;iw: ,CONTAINING A° REPEALER, PROVISION AND A SEVERA8ILITY CLAUSE ` ORDINANCE NO.11253 s AN ;.ORDINANCE, WITH 'ATTACHMENTS,; PEF�TAINING ;TO,� AF' FORDABLE HOUSING IN ;T{ tE CITY OFM..IAMI,i , LORIDA;ESTAB LISHINO THE,`CITY OF•`MiAMI'S LOCAL'HOUS)NO ASS)STANCE PROGRAM PURS(1ANT'lTO THE'_STATE<'HOUSING WITIi4TIVES FARTIVERSHIP 44T„(SHIP PROt3RAM), DESIGNATING T(E AE: SPON$IBILITY FbR, THEE IMILEMENTATION ANDI ADMIfJISTRA. 1 TION ,OF THE.,'CITY OF�MIAMI'S, LOCAL'• HOUSING ASSISTANCE' PROGRAM, ,CREATING ;THE ;CITY OF MIAMI'S LOCAL HO•UUSiNG ASSISTANCE TRUST.FUND, ;FURTHER ;CREATING, THECITY OF MIAMI'S;L'bCAL,HOUSING,PARTNERSHIPESTABL(SHINC��THE' CITY'OF MIAMI'StAFFORDABLE: HOUSIN6tAD,VISORY;COMMIT{ TE SA$i l 149 O . T,IQN-42D 9070FLO iI Art3TATUTESj ANR"A.nf+�PTIQIQ" E; DA Bill- ctibFIBINCI*iNtENTIVERL`I�N, CONTAINI)�IG A'!R "' .ROVISiOWSEVERA131LITY CLAUSE AND PROVIDING FOR AN EFFECTIVEtDATEi ss '" i�"' ORDINANCE IAN ORDINANCE ESTABLISHING ` A S NE1N FUND ;ENTITLE,D 'YWCA;OVERTOWCULME`SRI?CEHCAIII�LTAbbILN'GFACILITY REHAB)LtTA'nON",, AND PRbpRIPRAfiEYVCENA1UpEE FUI�D3 THEREFOR FROM METROPOLITAN DADE COUNVY GRANT; IN: THE AMOUNT,,OF $,M'000; SAID GRANT FUNoS T.6BEµQQM-; BINED WITH CITY FUNDS, THEAMOUNT OFY:$326,000, FOR, THE CITY TO ADMINISTER AND COMPLETE,,T REHABILIjA` TION OF THE OVERTO�VNICULMER CHILD DAY CARE`FACILITY; CONTAINING A':REPEALER PROVISION AND A SEVERA8IL(TY #1}10INANC�E NO 112ti5 r t itr AN ,ORDINANCE AMENDING: ;THE . ZONINQ , Mit y BY_ AMENDING SECTION 401, '$GHEDULE :OF DISTRICT REGULA TIONS',, 10PROHIBIT `THE":f?LACPMENT OF ;DONATION COL;' L.ECTION.BINS WITHIN ALL.ZONING`'.DISTRICTS$'PROVIDING A•. DEFINITION, CONTAINING A REPEALER PROVISION AND A SEV, ERABILITY CLAUSE; AND PROVIDING FOR AN EFFEGTIVE'DATE, f � ORDINANE NO 11268�xh AN ORDINANCE 1`AMENDING , THE ZONING ORDINANCE BY' AMENDING ti ECTION 401 SCHEDULE" OF DISTRICT`; REGULA TIONS,.R 1 SINGLE! ,FAMILY "AND;R 2.TW0: FAMILY RESIDENTIAL'-' DISTRICTS," BY ALLOWING CHILD" DAYCARE CENTERS WITH: A CAPACITY OF MORE THAN 20 CHILDREN BY SPECIAL.,SXQEP- TION,ONLY;.BY 'AMENDING, SECTION 936 BY MODIFYING CER i TAIN GENERAL. CHILD;, DAYCARE ;CENTER REQUIREMENTS; CONTAINING A REPEALER; PROVISIOW AND ,A. SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE PATE ORDINANCE NO.11257 AN ORDINANCE AMENDING` THE ZONING ` ORDINANCE f3Y AMENDING SECTION'40. 1,"SCHEDULE OF`DISTRICT REGULA, TIQNS; GAGOVERNMENT AND INSTITUTIONAL"ZONING: DIS- TRICT, BY MODIFYING SIGN REGULATIONS; CONTAINING' ARE_ PEAL.ER PROVISION AND'A SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE PATE. ORDINANCE NO.11258 AN ORDINANCE, AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 609, "SD-9 BISCAYNE.BOUL.EVARD NORTH OVERLAY'DISTRICT•, BY MODIFYING "REGULATIONS' PERTAIN• ING TO DEMOLITION PERMITS, CHAIN LINK FENCES AND SIG- NAGE, AND PROHIBITING HEALTH, CLINICS, .,POO� HALLS, OIL.' LIARD PARLORS AND GAME' ROOMS; CONTAINING 'A REPEALER PROVISION AND A $EVERABILITY,CLAUSE. AND PROVIDING, FOR AN EFFECTIVE DATE. Said ordinances may be inspected by the public at the Office of the City Clark, 3AW Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. MATTY HIRAI, (ff2311) CITY CLERK 116M 5/11 95.4061 t of �tarat WALTER ►, FOEMAN CityClerk logos, o 11111,16111 July 3, 1995 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: 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: 11248 11249 11272 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Puyans Deputy Clerk 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 f ffl' a ra T WALTER J. FOEMAN CESAR H. ODIC) City Clerk nnu uun ' City Manager �/ July 3, 1995 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11248 11249 11272 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 DEPUTY CLERK ] RECEIVED BY: DATE:- WJF:vp Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/13051250-5360/FAX: 13051 858-1610 (ITIA-fla of l WALTER J. FOEMAN +- I - CESAR H. ODIC) City Clerk City Manager , 1 July 3, 1995 Mr. Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 i Dear Mr. Tomeo: I jEnclosed herewith please find a copy of the following Ordinances which amend the Code of the 1 City of Miami, Florida: ! 11248 11249 11272 i 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: L. 'Jk DEPUTY CLERK 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