HomeMy WebLinkAboutO-10744J-90-447
6/18/90
ORDINANCE NO. 10744
AN ORDINANCE REPEALING ORDINANCE NOS. 7245
AND 7247 IN THEIR ENTIRETY AS APPEARING IN
BASIC ORDINANCE FORM AND AS CODIFIED IN THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BOTH ORDINANCES HAVING BEEN ADOPTED
SEPTEMBER 30, 1964 AND RELATING TO THE
ORIGINAL CREATION OF THE DEPARTMENT OF POLICE
AND THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES RESPECTIVELY; FURTHER,
CREATING THOSE TWO DEPARTMENTS WHOSE AFFAIRS
ARE TO BE ADMINISTERED BY DIRECTORS WHO WHILE
BEING APPOINTED BY AND SERVING UNDER THE
SUPERVISION AND CONTROL OF THE CITY MANAGER
SHALL ONLY BE REMOVED FROM THEIR POSITION BY
JUDGMENT OF THE CITY COMMISSION OR IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW;
PROVIDING THAT THE RESPONSIBILITIES,
FUNCTIONS, AND DUTIES OF THE NEWLY CREATED
DEPARTMENTS REMAIN UNCHANGED FROM THOSE
RESPONSIBILITIES, FUNCTIONS AND DUTIES BEING
DISCHARGED PRIOR TO THE ADOPTION OF THIS
ORDINANCE AND BY PROVIDING THAT ALL FUNDS,
PERSONNELi RECORDS AND EQUIPMENT CURRENTLY
APPROPRIATED AND ASSIGNED TO THE RESPECTIVE
DEPARTMENTS AS OF THE DATE OF THIS ORDINANCE
ARE TO REMAIN SO APPROPRIATED AND ASSIGNED;
REPEALING CITY CODE SECTIONS 2-81, 2-82, 2-
83, 42-1, 42-2, and 42-3 IN THEIR ENTIRETY;
AND ADOPTING NEW CITY CODE SECTIONS 2-81, 2-
82, 2-83, 42-1, 42-2, AND 42-3; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, in 1964 the City Commission adopted Ordinance
Nos. 7245 and 7247 which created the departments of police and
fire respectively, pursuant to the authority of City Charter
Section 19, thereby discontinuing the Department of Public Safety
which had been comprised of the Division of Police and the
Division of Fire; and
WHEREAS, in the creation of those departments there was no
provision made to ensure job security for the department
directors: the police chief and the fire chief, both of whom
having previously had a degree of security by virtue of their
status as head of their respective divisions; and
WHEREAS, the provisions of Charter Section 19A allow the
City Commission to create departments having such characteristics
as the Commission wishes them to possess, including freedom from
10744
the exercise of the City Manager's power to remove department
directors at will as is found in Section 16 of the Charter; and
WHEREAS, Ordinance Nos. 7245 and 7247 exist in basic
ordinance form and as codified in City Code Chapters 42 and 2
respectively; and
WHEREAS, by the repeal of those Ordinances in both forms
through this Ordinance and by the adoption herein of City Code
Sections creating and establishing a Department of Police and a
Department of Fire, Rescue and Inspection Services (originally
known as the Fire Department) with the directors of those
departments being subject to removal only by virtue of state law
provisions or by judgment of the City Commission for just and
reasonable cause(s), a measure of job security will be granted to
individuals filling those positions of grave responsibility and
inherent danger;
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. Ordinance No. 7245 and Ordinance 7247, both
adopted September 30, 1964, as appearing in codified form in the
Code of the City of Miami, Florida, as amended, as Code Sections
2-81, 2-82, 2-83, 42-1, 42-2 and 42-3, as well as in their basic
ordinance form are hereby repealed in their entirety, said
Ordinances being related to the original creation of the
Department of Police and the Department of Fire, Rescue and
Inspection Services respectively.
Section 3. Upon the repeal of the above Ordinances as
the same appears in basic ordinance form as originally adopted
and in codified form, the following sections are hereby added to
the Code of the City of Miami, Florida, as amended, bearing
Section numbers as indicated, with all material which is not
identical to the language in the repealed Sections being
underscored, for reference:
-2- 10744
"Sec.2-81. Established. There is hereby
established a department to be known as the
fire, rescue and inspection services
department."
"Sec. 2-82. Director -Appointment.
J_@L� The city manager is hereby authorized to
appoint a director of the fire, rescue and
inspection services department who shall
serve subject to the supervision and control
of the city manager.
The fire chief shall be the director of
the fire, rescue and inspection services
department, and appointed in accordance with
the provisions set forth in the city charter.
"I
• - • • - • 1LS! • • MINT
4jg_� if said chief is arrested for a felonv
or for a misdemeanor rglated to the duties of
m;sd meanor or state felony or misdemeanor.
the provisions of F S 112.51(2) shall apply.
"Sec. 2-83. Same -Powers and duties,
functions.
Subject to the supervision and control
of the city manager in all matters, the
director of the fire, rescue and inspection
services department shall administer the
affairs of the department, which shall
include the immediate direction and control
of the fire force, and is charged with
responsibilities for the prevention, control
and suppression of fire, and providing
emergency medical and rescue service in the
city. The functions of the department shall
include the management and supervision of all
functions and personnel of the building,
electrical, plumbing, zoning and weights and
measures divisions, the line and grade permit
sections and boiler, smoke and elevator
inspection. The responsibilities of this
department shall include, but not be limited
to, the activities of fire administration,
fire training, fire prevention, fire
fighting, hydrant installation and
maintenance and fire equipment maintenance
and operation."
"Sec. 42-1. Police department -Established.
There is hereby created and established
a department to be known as the police
department."
-3- 10744
"Sec. 42-2. Same -Appointment of director.
4A.,J The city manager is hereby authorized to
appoint a director of the police department
who shall serve subject to the supervision
and the control of the city manager.
The chief of police shall be the
director of the police department, appointed
in accordance with the provisions set forth
in the city charter.
_ ! l . _ -
WW
• _ • - � ^ .l • • • � - l • _ • _ • _ _ 1.
Plik 17!_• -•-�• • _ -
_ - • •- •.l ITO1-' •.11_ll - - •.l l •
.. l- _ 1. - •il l' • . - • _ !
Judgment shall be final."
If said chief is arrested for a felony
or for a misdemeanor related to the duties of
office or is indicted or informed against for
the commission of a federal felony or
misdemeanor or state felony or misdemeanor,
the provisions of F S 112.51(2) shall apply.
"Sec. 42-3. Same -Powers and duties of
director.
Subject to the supervision and control
of the city manager in all matters, the
director of the police department shall
administer the affairs of the department
which shall include the immediate direction
and control of the police force, and he is
charged with responsibilities for the
prevention, control and suppression of crime
in the city. The responsibilities of the
police department shall include, but not be
limited to, the activities of police
administration, traffic control, police
patrols, training, criminal investigation,
vehicle inspection, police property, police
records and the complaint center."
Section 4. All funds, personnel records and equipment
currently appropriated and assigned to the Police Department and
to the Department of Fire, Rescue and Inspection Services, as of
this date are to remain so appropriated and assigned.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. 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.
-4- 10744
Section 7. This Ordinance shall become effective 30 days
after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 7th __ day
Of 3y�ne ► 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of June , 1990.
XAVIER L. S EZ, MAYOR
AT 5
Y HIRAI, CITY CLERK
PREPARED ANDAPPROVEDBY:
ALB RTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
T-
JO GE FE16NANDEZ
CITY ATTOR Y
RFC/ABS/gb/bss/M646
-5- 10744
l%7
FROM :
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
7 � {
" Jorge L' : Fe nand'
City Attorney
DATE : June 18, 1990 FILE :
SUBJECT : Second Reading Ordinance -
Police and Fire Chief
REFERENCES: City Commission Agenda
June 28, 1990
ENCLOSURES: ( 1 )
At its meeting of June 7, 1990, you adopted on first reading
a proposed ordinance prescribing a method to be followed before
the Fire Chief or Police Chief can be removed from office.
During your deliberations, a need, was indicated for
additional language in connection with the possible indictment of
the individuals holding either of such offices.
You are advised that F.S. 112.51(2) authorizes the governor
to suspend any individual holding those offices where the
individual is arrested or indicted. Accordingly, we have added
the following language to the proposed ordinance, a copy of which
is attached for your reference:
If said chief is arrested for a felony or for
a misdemeanor related to the duties of office
or is indicted or informed against for the
commission of a federal felony or misdemeanor
or state felony or misdemeanor, the
provisions of F.S. 112.51(2) shall apply.
JLF:RFC:bss:P792
cc: Cesar H. Odio, City Manager
Aurelio Perez-Lugones, Legislative Administrator
Matty Hirai, City Clerk
Chief Perry Anderson, Police Department
Chief Colonel Duke, Fire, Rescue and Inspection Services
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE : June 18, 1990 FILE
of the City Commission
SUBJECT: Second Reading ordinance -
Police and Fire Chief
FROM : - Jorge 'L. AF'e�nandez REFERENCES : City Commission Agenda
City Attorney June 28, 1990
ENCLOSURES: ( 1 )
At its meeting of June 7, 1990, you adopted on first reading
a proposed ordinance prescribing a method to be followed before
the Fire Chief or Police Chief can be removed from office.
During your deliberations, a need, was indicated for
additional language in connection with the possible indictment of
the individuals holding either of such offices.
You are advised that F.S. 112.51(2) authorizes the governor
to suspend any individual holding those offices where the
individual is arrested or indicted. Accordingly, we have added
the following language to the proposed ordinance, a copy of which
is attached for your reference:
If said chief is arrested for a felony or for
a misdemeanor related to the duties of office
or is indicted or informed against for the
commission of a federal felony or misdemeanor
or state felony or misdemeanor, the
provisions of F.S. 112.51(2) shall apply.
JLF:RFC:bss:P792
cc: Cesar H. Odio, City Manager
Aurelio Perez-Lugones, Legislative Administrator
Matty Hirai, City Clerk
Chief Perry Anderson, Police Department
Chief Colonel Duke, Fire, Rescue and Inspection Services
CI
A�0794
hA ..: A'-_2g THU 16 C48 LAW -DEEPT
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
m Ronorable Ma or and Members
of the City or
1
FROM J rge t. Pe 'nar6ae' i-
City At for ey
DATE : May $ l f 1990 VILI
SUWECT : EMERGENCY ORDINANCE
RRPEALIN4 ORDXNANCB
NOS, 7245,AND 7247
REFERENCES:
ENeLOJORE6r
At its regularly scheduled meeting of May 24, 1990, the City
Commission expressed its intent to repeal Ordinance Nos. 7245 and
7247 for the purpose of providing immediate job security for the
positions of police chief and fire chief but without affecting
the rights of classified employees in the departments of police
and fire. Roth Ordinances were originally adopted in 1964
without any provision for a process of removal for the directors
of either the police department or the fire departments
accordingly, they are subject to summary dismissal by the City
Manager, without cause.
The surest way to accomplish this purpose of the Commission
is to repeal Ordinance Nos. 7245 and 7247 and upon such repeal,
pursuant to Section 19 of the Charter, adopt an ordinance that
creates the Department of police and Department of Fire, Rescue
and Inspection Services expressly providing (using the language
of the previously inoperative Section 26 of the City Charter)
that the police chief and the fire chief can only be removed from
those positions for just cause as determined by the City
Commission.
Because of the urgent need to have stability in the work
force of both Departments and since adoption of this Ordinance
will tend to dispel numerous rumors currently rampant in such
work force concerning the future leadership of these departments,
your adoption of the Ordinance as an emergency measure appears to
be justified. support for this position may be found in the
recent notoriety, particularly in the press media concerning the
morale of both departments. '
Jushog:mv:P866
10744
9-(
MIAMI 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
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor 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. 10744
t. .. _ - _
In the ........... X. , X.. X .................... Court,
was published In said newspaper In the Issues of
July 16, 1990
Affiant 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 has been entered as
second class mail 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 a�an
f advertisement; and
afflant further says that sheId nor promised any
perso firm or corporationrebate, commission
or re)und for the purposes advertisement for
DubHcaft) In the Raid ne
ggv
`��� �fGQ • • • .6 i subscribed before me this
V • � rrr
.1 j... day of 'Talji!. ]Z.... +......... A.D.19.9. Q ..
�... ....•.... .. 1
• • ryl H. Marmer
r (SE• /� Nejiy PubliR,;State of Florida at Large
*L %•• • �i B ` ••Q
My > slor>.e�tpitse •AR"I 0�, 1992.
MR 114"/;. ' O 111111111111100 `C````
III FLORIDA
NOTICE
FLORIDA: MAKING FINDINGS; INCORPORATING THE DES-
IGNATION REPORT; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE, AND PROVIDING AN EFFEO
TIVE DATE.
ORDINANCE NO.10749
AN ORDINANCE AMENDING ORDINANCE 11000, AS
AMENDED, THE NEW ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4, 1990),
BY AMENDING ARTICLE 6, SO SPECIAL DISTRICTS, BY
ADDING A NEW SECTION 610 SD-10 JACKSON MEMORIAL
HOSPITAL MEDICAL CENTER OVERLAY DISTRICT; PRO-
VIDING FOR INTENT AND EFFECT; REQUIRING A CLASS
it SPECIAL PERMIT; PROVIDING SPECIAL RULES FOR
COMPUTATION OF PARKING REQUIREMENTS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO.10750
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990),
THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE SD•10
JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVER-
LAY DISTRICT TO THE AREA GENERALLY BOUNDED BY
NORTHWEST 14TH AND 20TH STREETS, BETWEEN
NORTHWEST 7TH AND 12TH AVENUES, PLUS AN AREA
EXTENDING APPROXIMATELY 300 FEET SOUTH OF
NORTHWEST 16TIl STREET AND EXTENDING APPROX-
IMATELY 650 FEET WEST OF NORTHWEST 12TH AVENUE
TO WAGNER CREEK, MIAMI, FLORIDA (MORE PARTICU-
LARLY DESCRIBED HEREIN); BY MAKING FINDINGS; AND
BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER
24 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE: AND PROVID•
ING AN EFFECTIVE DATE.
ORDINANCE NO.10751
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 950D, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING
THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED
BY NORTHWEST 1ST COURT AND 2ND AVENUE BETWEEN
NORTHWEST 5TH AND 6TH STREETS, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), FROM CG•2I7
GENERAL COMMERCIAL TO 3PI.16.2 SOUTHEAST
OVERTOWN•PARK WEST COMMERCIAL RESIDENTIAL DIS-
TRICT; BY MAKING FINDINGS; AND BY MAKING ALL NEC.
ESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE
ORDINANCE NO. 110f 11
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990).
THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE BLOCK BOUNDED BY NORTH.
WEST 1ST COURT AND 2ND AVENUE BETWEEN NORTH-
WEST 5TH AND 6TH STREETS, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM C•1
RESTRICTED COMMERCIAL TO SD•16.2 SOUTHEAST
OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL DIS-
TRICT; BY MAKING FINDINGS; AND BY MAKING ALL NEC•
ESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC-
TIVE D/,TE
ORDINANCE NO. 10753
AN ORDINANCE AMENDING ORDINANCE 9500, AS
AMEtIDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI FLORIDA, BY AMENDING ARTICLE 20 GENERAL
AND SUPPLEMENTARY REGULATIONS, SECTION 2008
REQUIRED OPEN SPACES; DETAILED LIMITATIONS ON
OCCUPANCY, BY ADDING A NEW SUBSECTION 2008.13
ENTITLED "NOISE AND DISTANCE LIMITATIONS:
MECHANICAL EQUIPMENT'; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
ORDINANCE NO.10764
AN ORDINANCE RELATING TO NOISE ABATEMENT,
AMENDING CHAPTER 36 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING SECTION 36.13,
PERTAINING TO CONSTRUCTION EQUIPMENT; DELETING
EXISTING SECTION 36.15 AND SUBSTITUTING, IN LIEU
THEREOF, A NEW SECTION 36.15 ENTITLED "MECHANI-
CAL AND FIRE EQUIPMENT"; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVID•
ING AN EFFECTIVE DATE.
ORDINANCE NO.10765
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES;
AMENDING SECTION 4.10 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED TO CLARIFY LANGUAGE;
TO PROVIDE THEREBY THAT DISTANCE SEPARATION
REQUIREMENTS FOR IDENTICAL ALCOHOLIC BEVERAGES
LICENSEES BE MEASURED SEPARATELY AND DISTINCT
FROM THE DISTANCE SEPARATION REQUIREMENT FOR
DISSIMILAR ALCOHOLIC BEVERAGES LICENSEES; FUR.
THER BY MODIFYING THE REQUIRED DISTANCE SEPA-
RATION FOR DISSIMILAR LICENSEES; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AN AND
EFFECTIVE DATE.
Said ordinances may be Inspected by the public at the Office
the Cily Cle,k, 3500 Pan American Drive, Miami, Florida, Monc
through Friday, excluding holidays, between the hours of 8:00 a,
and 6:00 p.m.
MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
(6921) (9
711E W 4-071652M
MIAMI RE
Published Daily except Sa
Legal Holic
Miami, Dade Court
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned euthol
Octalma V. Ferbeyre, who on oall
Supervisor of Legal Advertising of tl
(except Saturday, Sunday and Leg
published at Miami in Dade County,
copy of advertisement, being a Legal,
In the matter of
CITY OF MIAMI
Ordinance No. 107
In the ........... X.. X..X....
was published in said newspaper In
July 167 1990
Affiant further says that the a
newspaper published at Miami in so
and that the said newspaper has here
published In said Dade County, Fit
Saturday, Sunday and Legal Holidays)
second class mail matter at the post
Dade County, Florida, for a period of
the first publication of the attached cc
affiant further says that she has n
perao llrm or corporation an 1 c
or End for the purpose a Tin
Du ..44 In the Bald ne a r.
CITY OF MIAMI, FLORIDA
LEGAL NOTICE
All Interested persons will take notice that on the 28th day
of June, 1990, the City Commission of Miami, Florida, adopted
the following titled ordinances:
ORDINANCE NO. 10742
AN EMERGENCY ORDINANCE AMENDING SECTIONS
54.5.12 AND 64J5-16 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA. AS AMENDED, BY PROVIDING A METHOD TO
ALLOW AN EXISTING BUILDING, STRUCTURE OR WALL
TO REMAIN IN THE UNDEDICATED RIGHT-OF-WAY; BY PRO-
VIDING A METHOD FOR ADJUSTMENT TO DESIGN
STANDARDS; AND BY PROVIDING ANOTHER MECHANISM
TO VACATE AND CLOSE PLATTED PRIVATE AND PUBLIC
EASEMENTS AND EMERGENCY ACCESS EASEMENTS;
CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 10743
AN ORDINANCE, WITH ATTACHMENT, ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE
REDUCTION: RECYCLING AND EDUCATION (FY'90I";
APPROPRIATING FUNDS FOR THE DEVELOPMENT AND
IMPLEMENTATION OF SAME IN ACCORDANCE WITH SEC-
TION 403.706(4), FLORIDA STATUTES, IN THE AMOUNT OF
$585,808, CONSISTING OF A RECYCLING PROGRAM
GRANT FROM THE STATE OF FLORIDA, DEPARTMENT
OF ENVIRONMENTAL REGULATION, IN ACCORDANCE
WITH THE STATE OF FLORIDA SOLID WASTE MANAGEMENT
GRANT RULE 17.716 AND SECTION 403.7095 FLORIDA
STATUTES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO.10744
AN ORDINANCE REPEALING ORDINANCE NOS. 7245 AND
7247 IN THEIR ENTIRETY AS APPEARING IN BASIC ORDI-
NANCE FORM AND AS CODIFIED IN THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BOTH
ORDINANCES HAVING BEEN ADOPTED SEPTEMBER 30,
1964 AND RELATING TO THE ORIGINAL CREATION OF
THE DEPARTMENT OF POLICE AND THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES RESPEC-
TIVELY; FURTHER, CREATING THOSE TWO DEPARTMENTS
WHOSE AFFAIRS ARE TO BE ADMINISTERED BY DIREC-
TORS WHO WHILE BEING APPOINTED BY AND SERVING
UNDER THE SUPERVISION AND CONTROL OF THE CITY
MANAGER SHALL ONLY BE REMOVED FROM THEIR POSI-
TION BY JUDGEMENT OF THE CITY COMMISSION OR IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW;
PROVIDING THAT THE RESPONSIBILITIES, FUNCTIONS,
AND DUTIES OF THE NEWLY CREATED DEPARTMENTS
REMAIN UNCHANGED FROM THOSE RESPONSIBILITIES,
FUNCTIONS AND DUTIES BEING DISCHARGED PRIOR TO
THE ADOPTION OF THIS ORDINANCE AND BY PROVID-
ING THAT ALL FUNDS, PERSONNEL, RECORDS AND
EQUIPMENT CURRENTLY APPROPRIATED ANQ ASSIGNED
TO THE RESPECTIVE DEPARTMENTS AS OF THE DATE
OF THIS ORDINANCE ARE TO REMAIN SO APPROPRIATED
AND ASSIGNED; REPEALING CITY CODE SECTIONS 2.81.
2.82, 2.83, 42.1, 42.2. AND 42.3 IN THEIR ENTIRETY; AND
ADOPTING NEW CITY CODE SECTIONS 2.81, 2.82, 243,
42.1, 42.2, AND 42.3; CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10746
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1
AND 5 OF ORDINANCE NO, 10648, THE ANNUAL APPRO-
PRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 19M ADOPTED SEPTEMBER 28. 1989, AS
AMENDED, FOR THE PURPOSE OF REPLACING $200,000
OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE COCONUT GROVE PLAYHOUSE LOAN PROJECT
AND $50.000 OF THE DEPARTMENT OF DEVELOPMENT
MARKETING BROCHURE VOTH $250,000 OF REVENUE
FROM GENERAL OBLIGATION DEBT SERVICE FUND —
INTEREST EARNINGS: CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10748
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 10642, ADOPTED SEPTEMBER 28, 1989,
AS AMENDED THE CAPITAL IMPROVEMENTS APPROPRIA•
TIONS ORDINANCE, BY INCREASING APPROPRIATIONS
TO THE PROJECT ENTITLED "RELOCATION OF MUNICI-
PAL SHOPS OPERATIONS," PROJECT NO. 311018, IN THE
TOTAL AMOUNT OF $500,000. APPROPRIATING FUNDS
THEREFOR FROM VARIOUS COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING SOURCES AS LISTED HEREIN;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO. 10747
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING
SECTION 1610, HCA: GENERAL USE HERITAGE CONSER-
VATION OVERLAY DISTRICT TO THE VENETIAN CAUSEWAY:
THE ENTIRE LENGTH OF THE CAUSEWAY WITHIN THE
CITY OF MIAMI FROM A POINT APPROXIMATELY 20 FEET
WEST OF THE DADE COUNTY BULKHEAD LINE EASTWARD
TO THE CITY LIMITS AND INCLUDING ALL BRIDGES AND
THE RIGHTS -OF -WAY OF NORTH AND SOUTH VENETIAN
WAY, MIAMI, FLORIDA: INCORPORATING THE DESIGNA-
TION REPORT; MAKING FINDINGS; AND MAKING ALL
NECESSARY CHANGES ON PAGE NUMBERS 22 AND 23
OF SAID ZONING ATLAS; CONTAINING A REPEALER PRO-
VISION'AND SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
ORDINANCE NO. 10748
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 110D0 (EFFECTIVE SEPTEMBER 4, 19M),
THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING SECTION 710, HC-I;
GENERAL USE HERITAGE CONSERVATION OVERLAY DIS-
TRICT TO THE VENETIAN CAUSEWAY: THE ENTIRE
LENGTH OF THE CAUSEWAY WITHIN THE CITY OF MIAMI
FROM A POINT APPROXIMATELY 20 FEET WEST OF THE
DADE COUNTY BULKHEAD LINE EASTWARD TO THE CITY
LIMITS AND INCLUDING ALL BRIDGES AND THE RIGHTS.
OF -WAY OF NORTH AND SOUTH VENETIAN WAY, MIAMI,
FLORIDA; MAKING FINDINGS; INCORPORATING THE DES-
IGNATION REPORT; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBERS 22 AND 23 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE, AND PROVIDING AN EFFEC-
TIVE DATE.
ORDINANCE NO.10749
AN ORDINANCE AMENDING ORDINANCE 11000, AS
AMENDED, THE NEW ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4, 1990),
BY AMENDING ARTICLE 6, SD SPECIAL DISTRICTS, BY
ADDING A NEW SECTION 610 SD-10 JACKSON MEMORIAL
HOSPITAL MEDICAL CENTER OVERLAY DISTRICT; PRO.
VIDING FOR INTENT AND EFFECT; REQUIRING A CLASS
11 SPECIAL PERMIT; PROVIDING SPECIAL RULES FOR
COMPUTATION OF PARKING REQUIREMENTS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO.10750
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990),
THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE SD-10
JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVER-
LAY DISTRICT TO THE AREA GENERALLY BOUNDED BY
NORTHWEST 14TH AND 20TH STREETS, BETWEEN
NORTHWEST 7TH AND 12TH AVENUES, PLUS AN AREA
EXTENDING APPROXIMATELY 300 FEET SOUTH OF
NORTHWEST 16TH STREET AND EXTENDING APPROX-
IMATELY 650 FEET WEST OF NORTHWEST 12TH AVENUE
TO WAGNER CREEK, MIAMI, FLORIDA (MORE PARTICU-
LARLY DESCRIBED HEREIN); BY MAKING FINDINGS; AND
BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER
24 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVID-
ING AN EFFECTIVE DATE.
ORDINANCE NO.10761
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA. AS AMENDED, BY CHANGING
THE ZONING CLASSIFICATION OF THE BLOCK BOUNDED
BY NORTHWEST 1ST COURT AND 2ND AVENUE BETWEEN
NORTHWEST 5TH AND BTH STREETS, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), FROM CG-2fl
GENERAL COMMERCIAL TO SPI.16.2 SOUTHEAST
OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL DIS-
TRICT; BY MAKING FINDINGS; AND BY MAKING ALL NEC-
ESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE
ORDINANCE NO.101'62
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO, 11000 (EFFECTIVE SEPTEMBER 4, 19W).
THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF TILE BLOCK BOUNDED BY NORTH-
WEST 1ST COURT AND 2ND AVENUE BETWEEN NORTH-
WEST 5TH AND 6TH STREETS, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM C-1
RESTRICTED COMMERCIAL TO SD-16.2 SOUTHEAST
OVERTOWN-PARK WEST COMMERCIAL RESIDENTIAL DIS-
TRICT: BY MAKING FINDINGS; AND BY MAKING ALL NEC.
ESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE
ORDINANCE NO. 10753
AN ORDINAN':;E AMENDING ORDINANCE 9500. AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI FLORIDA, BY AMENDING ARTICLE 20 GENERAL
AND SUPPLEMENTARY REGULATIONS, SECTION 2D08
REQUIRED OPEN SPACES; DETAILED LIMITATIONS ON
OCCUPANCY, BY ADDING A NEW SUBSECTION 2008.13
ENTITLED "NOISE AND DISTANCE LIMITATIONS:
MECHANICAL EQUIPMENT"; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
ORDINANCE NO.10754
AN ORDINANCE RELATING TO NOISE ABATEMENT,
AMENDING CHAPTER 36 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA. BY AMENDING SECTION 36.13,
PERTAINING TO CONSTRUCTION EQUIPMENT; DELETING
EXISTING SECTION 36.15 AND SUBSTITUTING, IN LIEU
THEREOF, A NEW SECTION 36.15 ENTITLED "MECHANI-
CAL AND FIRE EQUIPMENT'; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVID-
ING AN EFFECTIVE DATE,
ORDINANCE NO.10765
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES;
AMENDING SECTION 4.10 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED TO CLARIFY LANGUAGE;
TO PROVIDE THEREBY THAT DISTANCE SEPARATION
REQUIREMENTS FOR IDENTICAL ALCOHOLIC BEVERAGES
LICENSEES BE MEASURED SEPARATELY AND DISTINCT
FROM THE DISTANCE SEPARATION REQUIREMENT FOR
DISSIMILAR ALCOHOLIC BEVERAGES LICENSEES; FUR-
THER BY MODIFYING THE REQUIRED DISTANCE SEPA-
RATION FOR DISSIMILAR LICENSEES; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AN AND
EFFECTIVE DATE.
Said ordinances may be Inspected by the public at the Office of
the City Cleik, 35W Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of 8:00 a.m.
and 5:00 p.m.
MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
(8921)
7116 90.4-071652M