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Home My WebLink AboutM-90-0575' �0 ORDINANCE N0. �.�. AN EMERGENCY ORDINANCE CONCERNING MARINE RE"ItING FACILITIES 1 AMNNI IN+G CHAPTER 53 ENTITLED "STAbIUMSt MARINAS, EXHIBITION AND i CONVENTION CENTERS", OF THE CODE OF THE CITY OF MIAMx, FLORIDA, AS AMENDED, BY REPEALING EXISTING SECTION 53-48t ENTITLED "REFUELING VESSELS" OF SAID CODE IN ITS ENTIRETY, AND SUBSTITUTING IN PLACE THEREOF A NEW SECTION4=_ 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; 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 t conditions; and WHEREAS, the City of Miami is in urgent need of revenues and is desirous of obtaining income to the extent possible to k. maintain its marinas on a self-sustaining economic basis;` y. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY 7.. OF MIAMI, FLORIDA: '- Section I. Section 53-48 of the Code of the City of f, Miami.. Florida, as amended, is hereby repealed in its entirety P lip r ,arhXr �9 . �",,��• J 5y5t No t. t � a now section 53�4� � h+�1ravy substituted intts pia�te, . ding an fella s_ is STAOIUMSb MARINU EXHIBITION AND COMUTION _ i - CgHTERS { f Sec. 53-48. Refueling vessels. (a) It shall be,unlawful to refuel any vessel at other F2 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 _ fuelhavinga flash point lower one -hundred .than degrees.-(100..) Fahrenheit (37.80 Centigrade). from *z a 'mobile -delivery vehicle or with a person :aboard f -_ such ;vessel except such of the vessel's crew an 4 are.necessary to perform the -refueling operation.. (c) Tank barges and. fuel .supply boats are expressly prohibited: within City owned marina areas. All F. �! mobile -delivery vehicles utilizing City. owned 1 marins:.facilities to. _deliver motor fuel (_."fuel-) as defined in Section 207.002, Florida Statutes - (.1989), shall comply with the following requi7f.: Dements 1/ (1) Fuel: delivery shall be: limited to,,-- those iquida having flash points :at or above :: qne» K hundred degree+a (100 -) Fahrenheit (37.00 i Centigrade). _. Y ` t 1,4 r' 4' Fuel delivery shall only be made by those -individuals or business enterprises possessing a valid tity of Miami occupational license. { ) ror ; purposes of this Section "mobile fuel .deliveryvehicle" means a wheeled land vehicle used for purposes of delivering motor fuel. Said vehicle shall be approved for such use by the Florida Department of Transportation. (4) All fuels shall be dispensed in the presence of a City employee assigned by the director of the department of parks and recreation, or designee thereof. Said employee shall record the beginning and ending pump reading for each mobile delivery vehicle making a delivery. The individual or enterprise making such deliveries shall pay to the -City of Miami, as a user fee, the greater of five ! percent (5%) of gross sales, or a sum of six cents ($0.06) 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 deliveries, and shall be accounted for utilizing a administrative procedures as developed and ZI implemented by the department of parks and =, recreation and the department of finance. A I Performance Bond, approved by the City's Insurance 8 Coordinator, in the amount of ten thousand dollars. r ($10,000), naming the City as.an insured, shall,be _. .25 tendered to the director of the department of _ parks and recreation prior to an initial fuel., ' delivery. Tendering of said Performance Bond, and z,s ?; compliance with all other applicable regulations, $hail constitute a condition precedent to any use of mobile fuel deliver vehicles to deliver motor fuel at approved City -owned marinas. 0i- from any incident on City -owned land this service and vehicle or vehicles All ordinances, or parts of ordinances insofar as they,are inconsistent or in conflict with 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 �F. remaining provisions of this Ordinance shall not be affected. s Section 4. This Ordinance is hereby declared to be an ;3 emergency measure on the grounds of urgent public need for the Y- preservation of peace, health, safety and property of the City of -A Miami, and upon the further grounds of the necessity to make fuel immediately available for vessels in the Dinner Rey area which may be too large to make use of existing refueling locations in n. said area. Section 5. parks and recreation evidence of an insurance X. policy approved by the City's Insurance xx t� Coordinator in an amount not lees 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 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 involving used. Section 2. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not leas than four -fifths of the members of the City Commission. W4• ��a fira.3 w" W4 n ;fit t� r yn � E Alection S. ThiE Ord ift6ficn shall beeme offnctivo c ". LAWY dPon its adoption r ' 11 PASSID AND ADOPiL-AID him , ... day Of 1990. gyp. _._ i XAVIER 8UARBZ, MAYOR {y,r= ATTEST NATTY HIRAI CITY CLERK - PREPARED AND APPROVED BY: !. -.JM E. MAXWELL CH F ASSIStANTATlY ATTORNEY APPROVED AS TO FORM AND _ _ CORRECTNESS: n ft A t JOf(;V L. DEZ ' CITY ATTORN JEM/db/bib/M674 ,-N.;.:,sx;, r Y CITY OF MIAMI, FLORIDA 14 Y Fora : o g L, VeeylU ndez City Atio Pursuant to your request, an emergency ordinance concerning marine refueling facilities has been prepared for your consideration at tomorrow's City Commission meeting. Said ordinance would do the following: (a) Permit use of mobile fuel deliveries to vessels at City -owned marinas approved for suoh delivery by the Parks and Recreation Department; (b) Continue the existing prohibition on tank barges and fuel boats; (o) Effectively prohibit the dispensing of gasoline by these mobile delivery vehicles (see flashpoint limitations in paragraphs (b) and (o) of the proposed ordinance). Hence, such sales would be effectively limited to diesel fuels; (d) Occupational licenses are required; (e) Mobile fuel vehicle must be Florida D.O.T. approved; (f) The City will charge the greater of 8% of gross sales or 60 per gallon, to be paid the City on a daily basis; (g) A $10,000 performance bond and a $1 million insurance policy protecting the City against bodily injury, property damage. and environmental damage liability is also required. A copy of the proposed ordinance is attached hereto for your perusal and consideration. JEM:bf:PO03 oo: Cesar H. Odic. City Manager r� t 90- 575 r