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HomeMy WebLinkAboutO-11302J-95-817 9/13/95 11302 ORDINANCE NO. AN EMERGENCY ORDINANCE APPROVING CREATION OF A SPECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY FOR THAT AREA OF BRICKELL AVENUE BETWEEN SOUTHEAST 32ND ROAD AND SOUTHEAST 26TH ROAD, FOR PURPOSE OF PROVIDING TWENTY-FOUR HOUR SECURITY GUARD SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND METROPOLITAN DADE COUNTY REQUIREMENTS; CONTAINING A REPEALER PROVISION; SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the citizens of Miami who reside on Brickell Avenue between Southeast 32nd Road and Southeast 26th Road ("Residents") have petitioned Dade County under Chapter 18 of the Metropolitan Dade County Code to create a Special Taxing District for special guard protection of that portion of Brickell Avenue which is located in said proposed district; and WHEREAS, the affected residents of Brickell Avenue have requested that the City Commission allow a referendum question to be placed on the next available election ballot or special election ballot to authorize the erection of a Guard House within dedicated right-of-way and creation of a 24-hour guard service within said proposed district, with said election being conducted by Metropolitan Dade County at no expense to the City of Miami; and WHEREAS, the herein Ordinance of the City of Miami Commission is required by Metropolitan Dade County prior to its 11302 authorizing such a referendum by the subject residents of Brickell Avenue; 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, and the citizens of Miami who reside on Brickell Avenue between Southeast 32nd Road and Southeast 26th Road, in particular, to allow Metropolitan Dade County to proceed 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 creation of a special taxing district on Brickell Avenue between Southeast 32nd Road and Southeast 26th Road located in the City of Miami, Florida, by Metropolitan Dade County, in accordance with Chapter 18 of the Metropolitan Dade County Code, for special guard protection is hereby approved, said special guard protection to consist of contracting for twenty-four hours a day, seven days a week, 365 days a year, unarmed, uniformed guard service with a duly licensed and bonded State of Florida approved security guard service, to provide such services at the entrance of the district, and erection of a guard 2 11302 house and traffic control device in the median of Southeast 32nd Road between South Bayshore and Brickell Avenue; such approval being specifically conditioned upon the affirmative vote of the residents of Brickell Ave. (between Southeast 32nd Road and Southeast 26th Road ("Residents"), in an election to be conducted, at no cost to the City, in accordance with the Metropolitan Dade County Code, and being, further, subject to approval of the Dade County Commission and compliance with the Codes of Metropolitan Dade County and the City of Miami. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds that is in the best interest of the general welfare of the City of Miami in general, and the citizens of Miami who reside on Brickell Avenue between Southeast 32 Road and Southeast 26 Road, in particular, to expedite the requisite procedures for obtaining security guard protection of that portion of Brickell Avenue and Southeast 32nd Road which is located in the proposed district. Section 6. 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 City Commission. 3 11302 Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of September 1995. STEPHEN P. CLARK, MAYOR A E WALTER CITY CLARk J. PREPARED AND APPROVED BY: '. X V JO L E. MAXWEYL PUTY CITY ORNEY e APPROVED AS TO FORM AND CORRECTN SS: by A. INN J NES, III CIT AT91OFNEY JEM:mis:W056 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable ayor and Members DATE : September 14, 1995 FILE of the Clc_7i� 4SUBJECT : Emergency Ordinance FROM : Wifreb i(Willy) Gort REFERENCES: ENCLOSURES Ordinance I would like to bring up as a pocket item an emergency ordinance approving the creation of a special taxing district by Metropolitan Dade County for the area of Brickell Avenue between Southeast 32 Road and Southeast 26 Road, for the purpose of providing a twenty-four hour security guard service, subject to compliance with the applicable City of Miami and Metropolitan Dade County requirements; containing a repealer provision; severability clause; and providing for an effective date. I have attached a copy of this ordinance for your review. Thank you for your cooperation. WG/bd cc: Cesar Odio, City Manager Elvy Gallastegui, Agenda Office Walter Foeman, City Clerk 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 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, FLORIDA ORDINANCE NO. 11295 In the ........... XXXXXXX................. Court, was published In said newspaper In the Issues of Oct 3, 1995 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 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 person, firm or corporation any discount, rebate, commission or refund for the purpose 49e"q this advertisement for publication In the sold Swc 3 day 1,.:�..... ..... ......... .... (SEAL) � Sookle Williams Derwin+ n bscribed before me this ,tobe 95 A.D. 9...... .. • • LAI, NOTARY SEAL AGNE, F. PENA NOTARYPUBLIC IC STA i E OF FLORIDA nown(ifahIMISiK)'11Vi7. CC 1T2?03 e1TV of M11&.411 FLOOODA LNGAL c9' All interested persons VAN take notice Nat on .the 14th day of Sep- tember, 1995, the City Commission of Miefni, Florida, adopted the fol- lowing titled ordinances: ORDINANCE NO.11293 AN EMERGENCY ORDINANCE AMENDING SECTION 2-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: 'ORDER OF BUSINESS AND RULES OF PROCEDURE', TO (1) CHANGE THE PROCEDURE REQUIRING THE READING OF MINUTES AT A COMMISSION. MEETING, AND (2) CHANGE THE TIME AT WHICH ITEMS MAY BE SCHEDULED AT A COMMISSION MEETING; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11204 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: 'THE UNITY COUNCIL OF_ MIAMI' (-T000M') AND APPROPRIATING FUNDS RECEIVED AS SPOW SORSHIPS AND FINANCIAL -SUPPORT- FOR THE ORGANIZATION, DIRECTION, AND OPERATION OF TUCOM; CONTAINING A RE- PEALER PROVISION AND A SEVERABILITY CLAUSE. ORDNANCE NO.11206 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMEND- ING ORDINANCE NO. 11167, WHICH ESTABLISHED INITIAL RE- SOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: -OPERATION C.A.R.S ,' TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $44,540 AS THE FESULI OF A SUCCESSFUL GRANT APPLICATION FROM THE-FLORfOA MOTOR VEHICLE THEFT -PREVENTION. AUTHORITY, /ANC AUTHORIZING THE CITY MANI TO EXECUTE ANY, AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT; OO NTAIING A RE, PEALER PROVISION AND A SEVERASI ITY CLAUSE. OFANlAINCE NO.11206 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10904, ADOPTED ON NOVEMBER 14, 1991, WHICH ESTABLISHED! INITIAL RESOURCES AND" INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: 'DRUG FREE NEIGHBOR- HOOD TASK FORCE,' TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $47,090 AS•A RESULT OF A.SUCCESSFUL GRANT APPLICATION, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENT'S 'NECESSARY TO ACCOMPLISH THE A0CEP- TANCE OF SAID GRANT; ODNTAIMNG A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDNANCE NO.11297 AN EMERGENCY ORDINANCE AMENDING SECTION i OF OR- DINANCE Na 11205, A3-AAEmim, THE CAPITAL IrIrROVE- MENTS APPROPRIATIONS OADINA NCE, THEREBY ESTABLISH= ING NEW CAPITAL PROJECT NO.311045, ENTITLED-. MIAMI RIV- ERSIDE CENTER ACQUISITION:' AND APPROPRIATING FUNDS, IN THE AMOUNT OF $15,700.000.00, FOR SAID PROJECT; CON- TAINING ,A REPEALER PROVISION AND A SEVERABILITY ORDNANCE NO.-11208 ` AN ORDINANCE Ameho R SECTIONS 35-9t 35.92 AND U4f3 OF THE CODE OF THE CITY OF MIAMI. FL01 IDA, AS AIIIIIEN , BY CHANGING RATES AT CgRTAN ON -STREET PARKING ME- TERS AND CERTAIN OFF -STET LOTS; CHANGING THE RATES' AT MUNICIPAL PARKING S PROVIDING FOR SAID RATE CHANGES TO BECOME E OCTOBER 1, 190; RATIFY- ING AND CONFIRMING; ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS EXECUTIVE DIRECTOR AS TO RATES HERETO- FORE CHARGED; FURTHER AUTHORIZING 'THE OFFSET PARKING BWD TO DEVELOP EXPERIMENTAL RATE'STRUC- TURES AND TO. INITIATE RATES FOR NEW FACT ITiES DURING THE FISCAL YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. I IM AN ORDINANCE AM64DM. CHAPTER 54.6 OF THE CODE OF THE CITY -`OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: 'SUBDIVISION REGULATIONS', BY AMENDING SECTION 54.5.16 ENTITLED: 'VACATION AND CLOSURE OF RIGHTS-OF-WAY_AND, PLATTED EASEMENTS 'BY PLAT', BY CLARIFYING THE PROCE- DURE AND ESTABLISHING A THREE (3) YEAR . TIME PERIOD THAT CITY COMMISSION, :APPROVAL _ OF A REQUESTED VACATION AND CLOSURE REMAINS VAUD; CONTAINING A RE- PEALER PROVISION AND A SEVERABILITY CLAUSE AND AN EF- FECTIVE DATE. ORDNANCE NO 11300 AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY .OF MIAMI, FL At* AMENDED, Y-AMPIDING ARTICLE IV OF CRAP- ' 40, ENTITLED: ON AND RE- Tt PLANS; DIVISION 2, CITY OF MIAMI FIRE FIGHTERS' AI ICE OFF CERS"RETIREMENT TRUST'; MORE PARTICU- FI Y BY ADDING NEW SECTIONS 40-212(D) (3). 40-212(E) (6), 404112 F)) (4) 40-212 (G). tf3), 40-212 (1) (4), 40-21Z` (I.) (3), 4a2T 2(P) AND AMENDING SECTIONS 40-200 AND 40=213(CJ (17);'CONTAtN- INI A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR EFFECTIVE DATES. ORDINANCE NO. AN EMERGENCY ORDINANCE APP VMNG CREATION OF A SPECIAL ,TAXING DISTRICT BY METROPOUTAN DADE COUNTY FOR THAT AREA OF BRICKELL AVENUE BETWEEN SOUTHEAST 32ND ROAD AND SOUTHEAST 26TH ROAD, FOR PURPOSE OF PROVIDING TWENTY-FOUR HOUR SECURITY GUARD SERVICE SUBJECT TO COMPLIANCE WITH APPUCABLE CITY OF MIAMI AND METFIOPOLtTAN DADE COUNTY REQUIREMENTS, -CON TAININGA"REPEALER PROVISION: SEVERASILITY CLAUSE; ANC PROVIDING, FOR AN EFFECTIVE DATE. Said ordirmnces maybe inspected by the public at the Office of the City Clerk, 35W Pan American Drive, Miami, Florida, Monday t K04 Friday, axduI holidays, between the foursof B am. and 5 p.m. WAII J.;FOEMAN (f12370) CITY CLERK qF.A ibn3211