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Home My WebLink AboutO-11329J-95-918 11 /7/95 ORDINANCE NO. 1 13 2 9 AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "MOTOR VEHICLES AND TRAFFIC," BY AMENDING ARTICLE VIII, "COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND," AND ARTICLE IX, "SILVER BLUFF COMMERCIAL PARKING IMPROVEMENT TRUST FUND," TO INCREASE THE MONTHLY FEE FOR A WAIVED PARKING SPACE ACCORDING TO THE CONSUMER PRICE INDEX (CPI), ADD A PENALTY FOR LATE PAYMENT OF WAIVER FEE, AND CHARGE INTEREST ON BALANCES UNPAID AFTER THIRTY DAYS; MORE PARTICULARLY BY AMENDING SECTIONS 35-194 AND 35-197 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on September 20, 1995, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 95-44 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of amending Chapter 35 of the Code of the City of Miami, Florida, as hereinafter set forth; 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 and its inhabitants to amend Chapter 35 of the Code of the City of Miami, as amended, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA- 11329 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'-': "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE VIII. COCONUT GROVE PARKING IMPROVEMENT TRUST FUND Sec. 35-194. Schedule of fees and charges. (a) The Schedule of fees and charges to be assessed and paid into the trust fund is as follows: (2) Fee in lieu of providing required off-street parking for the SD-2 and SD-17 zones, as provided for in Article 6 of Zoning Ordinance No. 11000 of the City of Miami: a one-time payment of ten thousand dollars ($10,000.00) per space or monthly payments of forty dollars ($40.00) per space/per month for so long as the waiver of required off-street parking is in effect; the one to payment both fee amounts shall be inflation adjusted annually through the consumer price index - urban consumers (CPI-U);_ (3) Fee where required off-street parking is provided in the SD-2 and SD-17 zoning districts but where the parking is beyond a six hundred -foot distance, measured by normal pedestrian routes, from the nearest principal pedestrian entrance of the parking facility to the nearest principal pedestrian entrance of the use `- 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. Ellipsis and asterisks indicate omitted and unchanged material. 2 11329 being served: seven thousand five hundred dollars ($7,500.00) per space or thirty dollars ($30.00) per space per month- for so long as the waiver of required off-street parking is in effect both fee amounts shall be inflation adiusted annually through the consumer price index - urban consumers (CPI-U). (4) Fees in (1) through (3) above shall be invoiced annually aF�d payable remmenring three (3) menthe fFem the e#ertive date of this a and payable either once, or at monthly intervals as appropriate. Fees not paid within fifteen (15) days of the due date shall be charged a late fee of five percent (5%) of the amount due. Fees not paid within thirty (30) days of the due date shall be charged interest at the rate of ten percent (10%) per anum calculated monthly on the unpaid balance, including applicable late fees. ARTICLE IX. SILVER BLUFF COMMERCIAL PARKING IMPROVEMENT TRUST FUND The Schedule of fees and charges to be assessed and paid into the trust fund is as follows: Sec. 35-197. Schedule of fees and charges. Lai Fees in (1) through (2) above shall be invoiced and payable either once, or at intervals, as appropriate. Fees not paid within fifteen (15) days of the due date shall be charged a late fee of five percent (5%) of the amount due. Fees not paid within thirty (30) days of the due date shall be charged interest at the rate of ten percent (10%) per annum calculated monthlv on the unpaid balance including applicable late fee(s)." 3 11329 Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after Second and Final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 16th day of November 1995. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 7th day of ATTEST: December ' A6-e� /�� i�,WALTER J. t0i�MAI, CITY CLERK PREPARED AND APPROVED BY: 'r - �) i Z// dEEPU L E. MAXWEL TYY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: MS: W074. DOC STEPI 14 '04 - OM04.0 EN P. CLARK, M OR 4 1132.9 PLANNING FACT SHEET APPLICANT Dept. of Community Planning and Revitalization. REQUEST/LOCATION Amendment to Chapter 35 of the City Code LEGAL DESCRIPTION N/A. P Z U:4 PETITION Consideration of amending the Code of the City of Miami, as amended, by amending Chapter 35, entitled "Motor Vehicles and Traffic", by amending Article VIII, "Coconut Grove Parking Improvements Trust Fund", and Article IX "Silver Bluff Commercial Parking Improvement Trust Fund" to add provisions that will increase the monthly fee for a waived parking space according to the consumer price index (CPI), add a penalty for late payment of waiver fee, and charge interest on balances unpaid after thirty days. PLANNING Approval. RECOMMENDATION BACKGROUND AND The proposed amendment to Chapter 35 of the City Code is in order to address ANALYSIS certain unforseen issues related to the Coconut Grove and Silver Bluff Parking Improvement Trust Funds; the amendment specifically adds provisions for increasing the monthly fee for waived parking spaces in accordance with the consumer price index (CPI), and adds penalties and interest charges for late payments. These changes are necessary in order for the effective administration of the Parking Trust Fund concept. PLANNING ADVISORY BOARD Approval VOTE: 8-0 CITY COMMISSION Passed First Reading on CC 11/16/95. 11323 APPLICATION NUMBER 94-202 September 20, 1995 Item A 3 11/06/95 Page 1 RESOLUTION PAB - 44-95 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE CODE OF THE CITY OF MIAMI, AS AMENDED, BY AMENDING CHAPTER 35, ENTITLED "MOTOR VEHICLES AND TRAFFIC", BY AMENDING ARTICLE VIII, "COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND", AND ARTICLE IX "SILVER BLUFF COMMERCIAL PARKING IMPROVEMENTS TRUST FUND" TO ADD PROVISIONS THAT WILL INCREASE THE MONTHLY FEE FOR A WAIVED PARKING SPACE ACCORDING TO THE CONSUMER PRICE INDEX (CPI), ADD A PENALTY FOR LATE PAYMENT OF WAIVER FEE, AND CHARGE INTEREST ON BALANCES UNPAID AFTER THIRTY DAYS. HEARING DATE: September 20, 1995 VOTE: 8-0 ATTEST: JACK LUFT, DIRECTOR COMMUNITY PLANNING & REVITALIZATION 11329 Tifia of 4NTZtU L i WALTER J. FOEMAN City Clerk Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: F� STY OF,y�'3 C un9i IVI Q, DECO , F1'l�� December 21, 1995 Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11319 11325 11326 11329 CESAR H. ODIO City Manager I am also enclosing another copy of Ordinance 11200. The Law Department informed me that Section 2. [Sec. 62-71(3) and (5)] was not codified. 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 OIL,it1j Iif ffl -1 Z IU1,t WALTER J. FOEMAN City Clerk December 21, 1995 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: 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: 11319 11325 11326 11329 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 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 (11,ttij LYf 'fflt?xU. C WALTER J. FOEMAN City Clerk December 21, 1995 Mr. Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: 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: 11319 11325 11326 11329 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 1 D 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 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle 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 Dads County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORD. NO. 11329, ETC. In the .......... XXXXXXX.................. Court, was published In said newspaper In the Issues of Dec 21, 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 neith paid nor promised any person, firm or corporation any 1 unt, rebate, commission or refund for the purpose of scu ng this advertisement for publication in the said ne D er. A i 21 S worn De land sub dbed befo s 9 �. d o ....... .... ..... Ie . At . A Y •SEA AG, .. P VA ( L) COMMISSION NO. CC 172108 MY COUhf1%10N EXP. AN, 6 1995 Sookie Williams P. na known to me. offy of UM F11,08110A NOTICE AN interested persons W81 take notice that on the 7th day of December, 1995, the City-Contniftion of Miami, Florida: adopted the following titled ordinancesc m itaso AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF ` MIAW . FLORIDA. ASAMENDED, ENTITLED: 'MOTOR VEHICLMAND TPAFM-,', BY AMENDING ARTICLE Vlll, "COCONUT GROVE PARKING.A#qKr#Sf TS TRUST FUND; AND A'ATICLE IX, � 'SILVER BLUFF GQ(Ai PARKING IMPROVEMENT TRUST FUND; TO1NCREA$E THEMfN1TftLY FEE FOR A WAIVEDfARKING SPACE ACCORDING TO T}fE CONSUMER PRICE INDEX (1M. ADD A PEN APY FOR LATIE PAY)AWr f* WAIVER FEE. AND CHARGE INTEPOST 6►, SkAfMXI�_ tIWA D ,AFTER THIRTY DAYS; MORE PARTICULARLY BY AMENDING- SECTIONS 35.194 AND 35-197 OF. SAID CODE; CONTAINING A REPEALER PRO VISION` AND A SEVERABILTTY CLAUSE; ANDPROVIDING FOR AN EFFECTIVE DATE. OR011111111111INCE NO.11330 AN ORDINANCE AMENDING'THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 602. SD-2; COCONUT GROVE CEN1TaA: CC3MMIERCIAL:'DWfkW. SECTION 617. SD-17 SOUTH 13AYSHORE DRIVE OVERLAY DISTRICT; AND SECTION 621, .SD-21 SILVER BLUFF COMmERCIAL .OVERLAY DISTRICT, BY PROVIDING FOR REVOCATION OF REQUIRED OFF-STREET PARKING WAIVERS FOR NOTFPAYMENT"OF REOUIRED,FEES OR DENAOLMON OF STRUCTUMM ,q4_ ARY- PROPERlY; FURTHER. PROVIDING THAT NEW DEVELOPMENT, OR A{iDCFIONS F0 $QJARE FOpTA¢E OF ANY KIND TO EXISTING DEVEI OPNENT. SI*L NOT BE L$IGISI E. FOR A WAIVER OF R60U111RIED OFF- TREET PARKING; CONTAINING A REPEALER PFOVOW AND A DUTY CLAUSE; Ala PROVIDING FOR ANVRE*E DATE. Said ordinances, may be kwpecwd by the public sf Bia Offi wd the City Clerk, 3500 PON Ambdout Drive, Miami, fbri8a, Mnr ft through Friday, excluding hoNdays, between the lours of 8 a.m. and 5 p.m. fit: ryy s r