HomeMy WebLinkAboutO-10800J-90-655
10/18/90
ORDINANCE NO. 10800
AN EMERGENCY ORDINANCE CONCERNING MARINE
REFUELING FACILITIES; AMENDING CHAPTER 53
ENTITLED "STADIUMS, MARINAS, EXHIBITION AND
CONVENTION CENTERS", OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING
EXISTING SECTION 53-48, ENTITLED "REFUELING
VESSELS" OF SAID CODE IN ITS ENTIRETY, AND
SUBSTITUTING IN PLACE THEREOF A NEW SECTION
53-48 TO PROVIDE THEREBY FOR REFUELING AT
CITY MARINAS, MOBILE DELIVERY VEHICLES,
REGULATIONS ON DELIVERY, OCCUPATIONAL
LICENSES, INSURANCE AND PERFORMANCE BOND, AND
A CITY USER FEE; SUBJECT TO ONE-YEAR REVIEW;
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it has become apparent that existing marine
refueling facilities in the Dinner Key area of the City of Miami
do not have the capacity or ability to adequately service large
pleasure craft; and
WHEREAS, a large number of marine pleasure craft utilizing
marinas in the Dinner Key area have a pressing need for safe,
convenient and accessible large capacity refueling facilities;
and
WHEREAS, the City of Miami has been approached by
entrepreneurs interested in utilizing existing City -owned marina
facilities for the purpose of dispensing fuel to vessels from
mobile delivery vehicles; and
WHEREAS, City staff has ascertained that such use of its
marinas can be effectively and safely made under proper
conditions; and
WHEREAS, the City of Miami is in urgent need of revenues and
is desirous of obtaining income to the extent possible to
maintain its marinas on a self-sustaining economic basis;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
i
10800
a
Section 1. Section 53-48 of the Code of the City of Miami,
Florida, as amended, is hereby repealed in its entirety and a new
Section 53-48 is hereby substituted in its place, reading as
follows:
"CHAPTER 53
STADIUMS, MARINAS, EXHIBITION AND CONVENTION
CENTERS
ARTICLE II. CITY MARINAS
Sec. 53-48. Refueling Vessels.
(a) It shall be unlawful to refuel any vessel at other
than approved marine service facilities or other
approved and permitted sites. For purposes of
this Section, said refueling facilities and sites
shall be approved and/or permitted by the City of
Miami Department of Parks and Recreation using
rules and standards promulgated by said department
in consultation with the City departments of Fire,
Rescue and Inspection Services, Public Works, and
Planning, Building and Zoning.
(b) It shall be unlawful to refuel any vessel with a
fuel having a flash point lower than one -hundred
degrees (100 0 ) Fahrenheit (37.80 Centigrade) from
a mobile delivery vehicle or with a person aboard
such vessel except such of the vessel's crew as
are necessary to perform the refueling operation.
(c) Tank barges and fuel supply boats are expressly
prohibited within City owned marina areas.
(d) For purposes of this Section "mobile fuel delivery
vehicle" means a wheeled land vehicle used for
purposes of delivering motor fuel. Said vehicle
and appurtenant fuel delivery equipment shall be
of a type currently approved for such use by the
Florida Department of Transportation ("F.D.O.T."),
-2- Itfo18()10
and shall comply with all regulations of the
F.D.O.T. and the Florida Department of Agriculture
and Consumer Services.
(e) All mobile delivery vehicles utilizing City owned
marina facilities to deliver motor fuel ("fuel")
as defined in Section 207.002, Florida Statutes
(1989), as amended, shall comply with the
following requirements:
(1) Fuel delivery shall be limited to those
liquids having flash points at or above one -
hundred degrees (1000) Fahrenheit (37.80
Centigrade).
(2) Fuel delivery shall only be made by those
individuals or business enterprises possessing a
valid City of Miami occupational license.
(3) All fuels shall be dispensed in the presence
of a City employee assigned by the director of the
department of parks and recreation (the
"Director"), or designee thereof, during hours
specified by the Director. The Director may
require fuel delivery operators to notify the
department of parks and recreation, or his
designee of the intent to utilize city -owned
facilities at least 2 hours before such use. Said
employee shall record the beginning and ending
pump reading for each mobile delivery vehicle
making a delivery.
(4) The individual or enterprise making such
deliveries shall pay to the City of Miami, as a
user fee, the greater of ten percent (10%) of
gross sales, or a sum of 15 cents ($0.15) per
gallon on each gallon dispensed at any approved
location at a City -owned facility. Said
remittance shall be paid in cash or certified
check upon the conclusion of the daily delivery or
-3-
108010
deliveries, and shall be accounted for utilizing
administrative procedures as developed and
implemented by the department of parks and
recreation and the department of finance.
(5) A Performance Bond, approved by the City's
Insurance Coordinator, in the amount of ten
thousand dollars ($10,000), naming the City as an
insured, shall be tendered to the director of the
department of parks and recreation prior to an
initial fuel delivery. Tendering of said
Performance Bond, and compliance with all other
applicable regulations, shall constitute a
condition precedent to any use of mobile fuel
deliver vehicles to deliver motor fuel at approved
City -owned marinas.
(6) All individuals or business enterprises
utilizing mobile delivery vehicles to deliver fuel
to vessels pursuant to this Section shall obtain
and present to the director of the department of
parks and recreation evidence of an insurance
policy approved by the City's Insurance
Coordinator in an amount not less than one million
dollars ($1,000,000). Said insurance policy shall
consist of a Contractor's Liability Policy and a
Commercial Owner's Policy endorsed for said
refueling, and naming the City of Miami as an
additional insured. Additionally, said policies
shall protect the City of Miami from liability for
bodily injury, property damage, or environmental
damage, including cleanup and restoration costs,
resulting from spillage or any other incident on
City -owned land involving the delivery of fuel by
said vehicles."
Section 2. The provisions of this Ordinance shall be the
subject of review by the City Commission 1 year from its
effective date.
-4- 10800
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Section 3. All ordinances, or parts of ordinances
insofar as they are inconsistent or in conflict with provisions
of this Ordinance are hereby repealed.
Section 4. If any section, part of this 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 of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
Section 6. This Ordinance shall become effective
immediatly upon its adoption.
PASSED ON FIRST READING BY TITLE ONLY this 7th day of
September , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 18th day of October , 1990.
XAVIER L. SU
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MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY%
G • r� �1 'y/i.,'6t
(J,,,�O�FL E. MAXWELL
'.iIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
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MATTY HIRAI
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City Clerk
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October 25, 1990
CESAR H. ODIO
City Mandger
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear.Mr. Laslie:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10777 10789 10797 10798 10800
If I can be of any further assistance, please do not hesitate to
call.
Very truly T ou S,
Valerie Greenwood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
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L�SV OF �
MATTY HIRAI
City Clerk
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October 25, 1990
CESAR H. ODIC)
City Mandger
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10777 10789 10797 10798 10800
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,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY RK
RECEIVED BY:
DATE:
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Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 33070E/Miami, Florida 33233-0708/(305) 579-6065
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MATTY„ HIRAI W .,'* CESAR H. ODIO
City Clerk s City Mandger
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October 25, 1990
Mrs. Amy Terese Smith
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Smith:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10777 10789 10797 10798 10800
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,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY CLERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233.0708/(305) 579-6065
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Henorable Mayor and Members
of the City Commission
F7
DATE : O C T — 9 1990 FILE :
SUBJECT: Ordinance, Second Reading
Refueling of Vessels at
Marine Properties
FROM : REFERENCES:
Cesar H. Odi
City Ma n ag`� r ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Ordinance providing for Marine Refueling at City owned
Marina locations to be approved by the Parks and Recreation
Department. This Ordinance will allow diesel fuel deliveries
from Florida D.O.T.-approved mobile fuel vehicles that comply
with all City conditions imposed, including the requirements that
they be -bonded and insured. The City will charge the greater of
10% of gross sales or $0.15 per gallon, to be paid on a daily
basis.
BACKGROUND
The Department of Parks and Recreation has worked with the Law
Department to prepare the attached legislation. I The City
Commission, in response to boater demands, approved this
Ordinance on first reading on Friday, September 7, 1990, as
prepared by the City Attorney's office.
Over the past several months, the staff of the Department of
Parks and Recreation, Marinas Division, has received numerous
requests for fueling service. Additionally, entrepreneurs
interested in utilizing City -owned Marina facilities have
appealed to the 'City Commission for the establishment of this
service.
At the City Commission meeting of July 26, 1990, the City
administration was directed to pursue this matter in coordination
with the Law Department. Staff was to consider and recommend
necessary conditions so that this service could be safely carried
out for the benefit of the boating public, and provide revenue to
the City as well.
1610
0
0
Honorable Mayor and Members
of the City Commission
page 2
The proposed Ordinance would provide the following:
1.
Permit mobile fuel deliveries to vessels at City owned
marina locations approved for such delivery by
the
Parks and Recreation Department.
2.
Continue the existing prohibition on the use of
tank
barges and fuel boats.
3.
Allow and limit these sales to diesel fuel,
and
prohibit the dispensing of gasoline by mobile delivery
vehicles (see flashpoint limitations in paragraphs
(b)
and (c) of the proposed ordinance).
4.
Require all necessary occupational licenses.
5.
Require mobile fuel vehicles to be approved by
the
Florida Department of Transportation.
6.
Allow the City to charge the greater of 10% of gross
sales or $0.15 per gallon, to be paid the City
on a
daily basis.
7.
Require suppliers to provide a $10,000 performance
bond
and a $1 million insurance policy to protect the
City
against bodily injury, property damage,
and
environmental damage liability.
10800
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RECEIVED
'990 NOV --6 PM 2: 40
MAT T Y HIRAI
CITY CLERK
FLA.
Published Dally 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 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. 10802
In the ............ X...X . X................... Court,
was published In said newspaper In the Issues of
November 1, 1990
Alflent further says that the said Miami 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 tree been entered as
second class mall matter at the post office In Miami in said
Dade County, Florida, for a period o1 one year next preceding
tthefir ubllcation of the attached copy ofadvertisement; and
e fu er says that she has neither paid nor promised any
s n, 11 or corporation any discount, rebate, commission
fun for the urpose of securing this advertisement for
ca on in the Id newspaper.
1 Sworn to and subscribed 4fore me this
. ..No; ......... A.D. 109...
(SEAL) " •
M •"•y�F OF fie"
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
MY COW. EXP. 4/12/92
CITY (Of'-,N IA1j1, '0L6kI A
1»WALi [NOTICE
All interested persons 11 take notice that on',the lEth,day,of ,
October,1990, the City -Commission of Miami, Ftorlds, adoptbd ihe,
following title ordinances:
OWNANCE NO.10W
AN -EMERGENCY ORDINANCE AMENDING SECTIONS A4 AND
3M OF'THE CODE, OF THE CITY OF MIAMI,: FLORIDA, AS
AMENDED; BY PROVIDING THAT THE CtTYCOMMISs#tOwMAY '
DECLARE EXEMPTIONS FROM THE PROHIBITIONS AND REL'�
TIME LIMITATIONS ON THE CREATION OF, NOISE THAT: A
CONTAINED IN SAID CODE SECTIONS j:CONTAININ,C
REPEALER PROVISION AND A SEVERAB)LITY CLAUSE ,
ORDINANCE N0.10798 ;
AN ORDINANCE AMENDING, SUBSECTIONS (B)h (C) AND
OF'SECTION.2.399.0� THE CODE OF THE CITY OF.IM1A
FLORIDA AS AMENDED,. BY PROVIDING T•HAT.THE.NOT
REQUIREMENT FOR;COpE ENFORCEMENT BOARD HEARI�
MAYOT
S DONEnIN ADDIT OSN TO NOTICESUCH BY CERTIFIED MAIL OR
HANDDELIVERY BY THE SHERIFF, OR::OTHER;,L
ENFORCEMENT OFFICER, CODE INSPECTOR; OR DEE
NATED AGENT ACTING BY AND THROUGH THE:CODE INSF
TOR AND BY PROVIDING THAT SO LONG AS PROOF OF:$
POSTING CAN BE PROVIDED BY THE PERSON POSTING•.I
NOTICE SAID POSTING SHALL BE SUFFICIENTTO SHOW Tl
,A
ib
F
THE NOTICE REOUIREMENTS H006EENP,E THER ,
NOT'THE�ALL'EGED`VIOLATOR AbTl1ALL�f ,R,rvCEIVEfJ $LI ,
NOTICE.
ORDINANCE NO.10709
AN ORDINANCE AMENDING ORDINANCE N0•10666, ADOPTEtar" I
OCTOBER 12, 1989, WHICH` ESTABLISHED A SPECIAL..REVEA`"
NUE FUND ENTITLED: "TRAINING`SUPPORTIFUND• REGION
XIV FY'89.90," TO PROVIDE FOR INCREASED APPROPRIATIONS
FOR'ITS-OPERATION IN THE:AMOUNTOF: S7,S75; AND'+'
AUTHORIZING THE;CiTY'"MANAGER TO ACCEPT. A^;GRANT
AWARD,FROM`THE STATE OF FLORIDA IN SAID AMOUNTAND �`+�
IMPLEMENT THE'•SAME W,ACCORDANCE WITH APPLICABLE•,_`
CITY CODE ,PROVISIONS; CONTAINfNG A;REPEALERPROVI �,-?
t
AN EMERGENCY;
r
Ica
AND
TO I
fY CLAUSE A `
t
INANCE NO 10800 ` 3
DINANCE CONCERNINI. G MATLERINE j
AMENDING`CHAPTE�i 53-ENTID
EXHIBITION AND CON�!ENTION CEN
017 THE CITY OF M(AMI; FLOROA, AS
.146, EXISTING SECTION 53-48, ENT1 -
SELS" OF'SAID CODE IN'ITS ENTIRETY
Di er.F TwrnpnF'ArniFW 3Er:TION 53.d8
:OCCUPATIONAL; LICENSES, INSURANCE i
.BOND ,AND A- CITY USER'FEE; SUB!
REVIEW; CONTAININGA•REPEALER PROV
ITY CLAUSE AND',PROVIDING FOR AN EP
ORDINANCE NO.108L
AN ORDINANCE AMENDING ORDINAI
VS'ON DELIVERY; i
D P.ERFORMANCE
T TO 0N.E Y AR .
ON, A SEVER IL-
.CTIV.E DATE.
E'NO 11000,
kctTYOF:MIAMt,
_ENTIjLED`y
W!Q, n,V,Q, Rl1VYIV ITV ,.� V, ',
I TIONS; CONTAlti)NG 'A`REPEALER PROVISION `AND' SEV ':.
I ERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE: DATE
^ ORDINANCE NO.10802 • = '
AN ORDINANCE 'AMENDI'NG THE ZONING ATLAS OF ORDl- `.
NANCE NO. 11D00, AS AMENDED, THE ZIDNING,ORDINANCE','
, ,,OF:.THE:CiT,Y�OF1MIAM1; FLORIDA, BY APFLYING•THE:SDr20
EDGEWATER OVERLAY, DISTRICT TO THۥAREA'GENERALLY
BOVNDED,BY- NORTHEAST2ND AVENUE A D, BISCAYNE BAY,
20T,H • STREET TO;;,NORTHBAST• 38 -$TREE �,; AN,D THE AREA;;
;.:BOUNOD.BY: NORTHEAST 2ND:AV,ENUE-.ANO BIS,L'c.A NE
BOULEVARD TOM NOAT1 AST 17THTERRACE TO N" O'RTH,
CACT 7flTN'ATQ;3;T wAMt:• Ft natn'A I1MnRE PARTICULARLY
-ALL"NECESSARY CHANGES ON PAGES 21 AND.23 OF SAID
ZONING' ATLAS;'CONTAINING A`REPEALER PROVISIOWAND
SEVERA61LITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Said ordinances may be Inspected by the public at the Office of
the City Clerk, 3500 Pan American'Drive, Miami, Florida, Monday
11 through Friday, excluding holidays, between the hours of 8:00 a.m.
and 5:D0 p.m.
MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
(8318) W4.110131 M.
11i1