HomeMy WebLinkAboutO-10687c7-90-02
12/18/89
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WHEREAS, the Miami. Comprehensive Neighborhood Plan 1989-2000 was adopted
by OrdImance 10544, February 9, 1989, pursuant to, and in compliance with,
Chapter 163 Fla. Stat. (1987) "Local. Government Comprehensive Planning and
Land. Development Regulation Act"; and
WHEREAS, Section 163.3202, Fla. Stat. (1987) requires that land
development regulations of local governments must be in compliance with their
comprehensive plans within 12 months of the date of initial transmittal of the
plans for review by the Florida Department of Community Affairs; and
WHEREAS, by Chapter 9J'-29 F.A.C. " 1989-1990 Local Government Land
Development Regulation Assistance Program," the Florida Department of
Community Affairs, by formula, allocated a grant of $216,417 to the City of
Miami. to assist the City in the cost of preparing or modifying local land
development regulations to be consistent with the Miami. Comprehensive
Neighborhood Plan 1989-2000 in order to comply with Section 163.3161 F.S.,
"Local Government Comprehensive Planning and lam. Development Regulation Act;"
and
WHEREAS, the City of Miami applied for Local Government Land Development
Regulation Assistance funds from the Florida Department of Community Affairs
in the amount so allocated of $216,417 on October 30, 1989; and
WHEREAS, the Florida Department of Community Affairs has submitted, a
draft contract to the City to effectuate the grant award; and
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WHEREAS, the Florida Department of Community Affairs requires that
executed documents accepting these funds must be submitted within 30 days of
receipt of the draft contraot; and
WHEREAS, the grant award of the contract are for work retroactive to the
date of the contract and all work products due under this contract must be
submitted by January 31, 1990;
'• 1�1' .'!1 • • : • r/r.• r 01r 1' ••1 I r • • 1 • r r
Section 1. The following Speoial Revenue Fund is hereby established and
resources are hereby appropriated as described herein:
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• ' R r r •1: MIAMI COMPREHENSIVE NE# H t:• •J !••!1! I•
Section 2. The City Manager is hereby authorized to acoept the
aforementioned grant from the Florida Department of Community Affairs, to
enter into the necessary agreement(s), in substantially the attached form,
and to execute all documents necessary for such acceptance.
Section 3. All ordinances or part 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 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 and
upon the further
ground of the
necessity to make
the required and necessary
payments to its
employees and
officers, payment
of its debts, necessary and
required purchases of goods and
supplies, and to
generally carry on the functions and duties
of municipal
affairs.
Section B. This Ordinance shall become effective immediately upon its
adoption.
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010&s?
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Section 7. The requirement of reading this ordinance on two separate
days is hereby dispensed with by a vote of not less than four -fifths of the
members of the City Cceimission.
PASSED AND ADOPTED this 11th day of Jan. , 1990.
BUDGET REVIEW:
r •, r , S. I
• •
DEPARTMENT • n ray m I I: •r,
LEGAL REVIEW:
B. MPAWN:I.l
ASSISTANT dTY ATTORNEY
XAVI . SUAREZ
I "I .,
'10
11,14
MIA
APPROVED AS TO FORM AND
CORRECTNESS:
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JO . FE EZ
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
LOCAL GOVERNMENT LAND DEVELOPMENT REGULATION
ASSISTANCE PROGRAM CONTRACT
This contract is entered into between the State of Florida,
Department of Community Affairs, hereinafter referred to as the
"Department", and City of Miami , hereinafter
referred to as the "Recipient".
WITNESSETH
WHEREAS, the Department, in furtherance of its duties under
Chapter 163, Part II, Florida Statutes, and Chapter 89-253, Laws
of Florida, has determined that the Recipient is eligible to
receive funds under the Local Government Land Development
Regulation Assistance Program, hereinafter referred to as the
"Program".
NOW THEREFORE, THE DEPARTMENT AND RECIPIENT DO MUTUALLY
AGREE AS FOLLOWS:
I. Covenant for Services
The Department does hereby contract with the Recipient to
perform the services described herein and the Recipient does
hereby agree to perform such services under the terms and
conditions set forth in this contract.
II. Availability of Funds
Payment of these state funds pursuant to this contract are
subject to and conditioned upon the total release of authorized
appropriations from the Local Government Land Development Regulation
Assistance Program provided by Chapter 89-2530 Laws of Florida.
III. Definition, Scope and Quality of Service
(A) Intent of the Contract
The'Recipient agrees, under the terms and conditions
of this contract and the applicable state and local
laws and regulations, to undertake, perform, and com-
plete all or a portion of the necessary technical
services required to prepare or revise land
development regulations required by Section 163.3202,
Florida Statutes, and to prepare a report which
explains how the land development regulations are
consistent with and implement the adopted
comprehensive plan as identified in the scope of
services. Acceptance of the final product by the
Department is not to be'construed as a determination
that the local government has met the requirements of
Section 163.3202, Florida Statutes.
(B) Scope of Services.
(1) -Attachment A, Scope of Services, is hereto
incorporated by reference.
(2) Except in areas where the Recipient is a charter
county with overall planning responsibilities or has
documented planning requirements through a joint
agreement, services provided under this contract
shall be in connection with the total area under the
Recipient's jurisdiction.
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1 1 `
IV. Consideration
(A) Amount of Consideration
(1) As consideration for work rendered under this
contract, the Department agrees to pay a fixed fee up
to $ 216,417 payment will be made in accordance
with Article V of this contract.
(B) Use of Funds
(1) Funds may be used for salaries and expenses of local
government staff members or subcontractors involved
in preparing all or a portion of the required land
development regulations and a report which explains
haw the land development regulations are consistent
with and implement the adopted comprehensive plan
pursuant to an approved scope of services.
(2) Travel expenses incurred by the Recipient in
fulfillment of this contract shall be in accordance
with the provisions of Section 112.061, Florida
Statutes.
(3) Funds may not be used for the purchase of equipment,
fixtures, or other tangible property of a nonconsum-
able and nonexpendable nature with an expected useful
life which exceeds the duration of this contract.
V. Method of Payment
The Department shall pay the full amount after receipt of
the work products under this contract due January 31, 1990
VI. Required Reports and Records
(A) The Recipient shall provide to the Department a
contract closeout report consisting of a copy of each
work product produced under this program. The report
shall be received by the Department no later than
January 31, 1990 , unless the Recipient received an
extension pursuant to Rule 9J-29.005(8), Florida
Administrative Code.
(B) If all required reports and copies, prescribed above,
are not sent to the Department or are not completed
in a manner acceptable to the Department, the
Department shall withhold further payments until they
are completed. The Department may terminate the
contract with a Recipient if reports are not received
within ten (10) days after notice by the Department.
"Acceptable to the Department" means that the work
product was completed in accordance with professional
planning principles and is consistent with the scope
of services.
VII. Audit Requirements
(A) The Recipient agrees to maintain adequate financial
procedures and adequate support documents to account
for the expenditure of funds under this contract.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state
personnel and other personnel duly authorized by the
Department. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean
normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, Monday through Friday.
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010687
(C) The Recipient shall also provide the Department with
the records, reports or financial statements upon
request for the purposes of auditing and monitoring
the funds awarded under this contract.
(D) The Recipient shall include an accounting of these
funds in the local audit prepared by the Recipient
for the 1989-9o.and 1990-91 fiscal years.
(E) In the event the audit shows that the entire fund, or
portion thereof, was not spent in accordance with
Chapter 93-29, Florida Administrative Code, and the
conditions of this contract, the Recipient shall be
held liable for reimbursement to the Department of
all funds not spent in accordance with these
applicable regulations and contract provisions within
thirty (30) days after the Department has notified
the Recipient of such noncompliance.
(F) The Recipient shall retain all financial records,
supporting documents, statistical records, and any
other documents pertinent to this contract for a
period of three years after the date of submission of
the final expenditures report or, if an audit has
been initiated and audit findings have not been
resolved at the end of three years, the records shall
be retained until resolution of the audit findings.
VIII. Public Records
The Recipient shall allow public access to all documents,
reports, papers, letters or other material, subject to the
provision of Chapter 119, Florida Statutes, prepared or received
by the Recipient in conjunction with this contract. It is
expressly understood that upon receipt of substantial evidence of
the Recipient's refusal to comply with this provision, the
Department will have the right to terminate this contract for
breach.
IX. Subcontracts
(A) If the Recipient subcontracts any or all of the work
required under this contract, the Recipient agrees to
include in the subcontract that the subcontractor is
bound by the terms and conditions of this contract
with the Department.
(B) The Recipient agrees to include in the subcontract
that the subcontractor shall hold the Department and
Recipient harmless against all claims of whatever
nature arising out of the subcontractor's performance
of work under this Contract, to the",extent allowed
and required by law.
(C) If the Recipient subcontracts, a copy of the executed
subcontract must be forwarded to the Department
within 10 days after execution.:
X. Liability
The Recipient hereby agrees to hold harmless the
Department, to the extent allowed and required by law, from all
claims, demands, liabilities and suits of third persons or
entities not a party to this contract arising out of, or due to
any act, occurrence, or omission of the Recipient, its
subcontractors or agents, if any, that is related to the
Recipient's performance under this contract.
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XI. Contract Term
(A) The contract shall commence on the last date of
signing by the parties involved. No cost may be
attributed to this contract prior to that date.
(B) All activities performed pursuant to this program
contract shall be completed on or before
January 31, 1990 , unless the Recipient has
received an extension pursuant to Rule 9J-29.005(8),
Florida Administrative Code.
XII. Modification of Contract
Either party may request modification of the provisions of
this contract. Changes which are mutually agreed upon shall be
made by written correspondence from the Department and shall be
incorporated as part of this contract.
XIII. Identification of Documents
The cover page or title page of all reports, maps and other
documents completed as a part of this contract shall acknowledge:
"Preparation of this (Map or Document) was aided through
financial assistance received from the State of Florida
under the Local Government Land Development Regulation
Assistance Program authorized by -Chapter 89-253, Laws of
Florida, and administered by the Florida Department of
Community Affairs."
The date (month and year) the document was prepared and the name
of the subcontractor or Recipient community responsible for its
preparation shall also be shown.
XIV. Termination
(A) This contract may be terminated by the written mutual
consent of the parties.
(B) If the Recipient shall fail to fulfill in a timely
and proper manner its obligations under this
contract, the Department shall have the right,
without liability, to terminate this contract within
ten (10) days after giving written notice to the
Recipient of such termination. The Department may
also require a pro rata repayment for funds paid to a
Recipient who breaches any part of this contract.
(C) Notwithstanding the above, the Recipient shall not be
relieved of liability to the Department by virtue of
any breach of contract by the Recipient. The
Department may withhold, any payments to the Recipient
for purpose of set-off until such time as the exact
amount of damages due the Department from the
Recipient is determined.
XV. Notice and Contact
(A) The contract manager for this contract is Lenwood
Herron, Bureau of Local Planning, Grants and
Publications Section.
(B) The Representative of the Recipient responsible for
the adm;n;nrration of this pon*•-3ct 4
Sergio Rodriguez , _PlahniriDirec6P
4 010687
(C) In the event that different representatives are
designated by either party after execution of this
contract, notice of the name, title and address of
the new representative will be rendered in writing to
the other party and said notification attached to the
original of this contract.
XVI. Terms and Conditions
The contract contains all the terms and conditions agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their undersigned officials as duly
authorized.
RECIPIENT:
BY:
Name and Title
Date
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title
Date
APPROVED AS TO FORM AND CORRECTNESS:
` Jor a L.� Fernan ez
Cit Attorney,.
Witness
ATTEST:
atty Hirai
City Clerk
5
010687
Page 1 of 1
Attachment A
A. SCOPE OF SERVICES - Describe, in outline form, the work
products that will be completed during this contract period
using only the allocated funding. Identify, in the column to
the right, the specific sections of Chapter 163, Part II,
Florida Statutes, that will be completed by each work item
listed. (If necessary, please copy this page and continue).
WORK PRODUCTS SECTION OF CHAPTER 163, F.S. or
RULE CHAPTER 9J-29, F.A.C.
1. Report which explains the LDRs
are consistent with and implement
the adopted comprehensive plan,
as required by s.163.3202(1), F.S.
2. New Zoning Ordinance, which
regulates the use of land and
water for those land use
categories included in the land
use element and ensure the
compatibility of adjacent uses
and provide for open space.
3. City-wide Impact Fee Ordinance
(Chapter:13 City Code) in which
fees are targeted to new
development (with exceptions);
to funding categories and capital
programs for City functions
(parks, streets, etc.).
4. Ordinance 10543 (Chapter 14:
City code) which provides develop-
ment regulations within Downtown
and Southeast Overtown/Park West
Developments of Regional Impact
by assigning, removing and moni-
toring development credits.
5. Transportation Control Measures
(TCM) Ordinance (Chapter 14:
City Code) which seeks to dis-
courage the use of the private
automobile downtown in favor
of public transit or shared
arrangements, to provide for safe
and convenient traffic flow
from and to private property.
6. True and correct copy, as
certified by the city clerk,
of ordinance adopting the land
development regulations.
1. 9J-29.005(2)(e), F.A.C.
s.163.3202(1), F.S.
2. s.163.3202(2)(b),(c),(f), and (h), F.S.
3. s.163.3202(2)(g), F.S.
4. s.163.3202(2)(d),(g), and (h), F.S.
5. s.163.3202(2)(h), F.S.
6. 9J 29.005(3), F.A.C.
s.163.3202, F.S.
All work products will be completed in accordance with the applicable
requirements of Chapter 163, Part II, F.S., and Rule Chapter 9J-29, F.A.C.,
as referenced above.
q
CITY OF MIAM1, FLORIDA
INTEROFFICE MEMORANDUM
n
TO Honorable Mayor and
Members of the City Commission
..r
FRonn esar H. Odio 0
City Manager
RECOMMENDATION:
DATE D E C 2 V 1989 FILE
SUWECT : DCA Grant: Land
Development Regulations
REFERENCES Agenda Item
City Commission Agenda
ENCLOSURESof January 11, 1989
It is respectfully recommended that the Commission adopt the attached
emergency ordinance which establishes a new special revenue fund entitled
"Miami Comprehensive Neighborhood Plan/Land Development Regulations FY '89-
1
9011
; appropriates funds in the amount of $216,477 for said fund; authorizes
the City Manager to accept a grant award from the Florida Department of
Community Affairs in a like amount to assist the City in the cost of preparing
or modifying local land development regulations to be in conformity with the
Miami Comprehensive Neighborhood Plan 1989-2000 and to authorize the City
Manager,to execute all documents necessary for the acceptance of the grant.
BACKGROUND:
State legislation (Chapter 163 F.S.) requires that the land development
regulations of local governments in Florida must be consistent with their
comprehensive plans within 12 months of the date of initial transmittal of the
plan for review by the Florida Department of Community Affairs (DCA).
To assist local government in preparing or modifying these land development
regulations, the Florida legislature allocated funds to local governments; the
exact grant allocation was made by a DCA formula in Chapter 9J-29 FAC "1989-90
Local Government Land Development Regulation Assistance Program" dated
September 27, 1989. The City applied for the grant allocation on October 30,
1989. The draft contract was mailed from DCA in Tallahassee on December 7,
1989, received here on December 12, 1989 (attached).
The grant award is retroactive for work done by the Planning Department in
preparing land development regu ations principally in initiating a new zoning
ordinance to replace Zoning Ordinance 9500.
The emergency ordinance is justified by the State requirement that the
executed contract be submitted to DCA within 30 days of receipt here, and that
all work products required by the contract must be submitted to DCA by January
31, 1990.
Attachment: Draft Contract
Draft Ordinance
cc: Law Department
Planning Department
1`1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W DRIVE • T A L L A H A S S E E, f L O R I D A 3 2 3 9 9
BOB MARTINEZ
Goaerna
December 7, 1989
The Honorable Xavier L. Suarez
Mayor of Miami
Post Office Box 330708
Miami, Florida 33233-0708
Dear Mayor Suarez:
THOMAS G. PELHAM
Secretary
Enclosed are three copies of a contract between the
Department of Community Affairs and your local government pursu-
ant to the 1989-90 Local Government Land Development Regulation
Assistance Program.
The scope of services which was submitted by your local
government in its application for funding is incorporated in the
contract by reference (Attachment A).
We have noted that your scope of services does not include
all portions of your land development regulations required
by s.163.3202, Florida Statutes. Since no further grant funds
are anticipated, any additional work needed to complete your
regulations must be completed outside the grant program if it is
not added to this grant contract.
Please indicate in paragraph XV (B) of the contract the name
and title of the person designated by your local government to be
responsible for administration of the contract. This individual
must not be a consultant.
All three copies of the contract should be executed by the
chief elected official or other person authorized by your local
government and returned to Mr. Lenwood Herron at the address
above within 30 days from the date of receipt. Each of the
contracts must contain original signatures. If executed by
someone other than the chief elected official, a copy of the
written signature authorization must be submitted with the con-
tracts.
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
2
010687
The Honorable Xavier L. Suarez
December 7, 1989
Page Two
After execution by the Department, a copy of the contract
will be returned for your records.
If you have any questions, please contact Lenwood Herron or
Kathleen Morris at 904-487-4545.
Sincerely,
Rvt q. waver
Robert G. Nave, Chief
Bureau of Local Planning
BGN/km
Enclosures
cc: Joseph W. McManus, Assistant Director of Planning
3
010687
1,529 J41 25 All 9: 42
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
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a daily
pxcept ublished at Miami SIn Dade County, Floridan hatunday and Legal )the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10687
Inthe .........X...X.. X ....................... Court,
was published In said newspaper in the Issues of
Jan. 23, 1990
Affiant further says that the said Miami Review Is a
newsp�pier published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
Saturday, Sunday and lished In said aLegal Holide dapys)oand ahas been eeach ntered es
old
Dade d class Florida, for a tperiod of onel year next preceiami In ding
the it
1 p bllcatlon of the attached copy of advertisement; and
alfi t I. er says that she has neither paid not promised any
per on, rm or corporation any discount, rebate, commission
or slu d for th purFose of securing this advertisement for
pu II tion In th said newspaper.
�wo ubs rlbed before me this
ADD. 19.. Q .
�- kelsry Pu li(U ate of Fly4aa at Large
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(SEA �� q
My C r/Qs*n,.1,6*LelttJ�u1�
Fh�i7i„Sil� _r�
_CITY OF MI/AIMI, PLORIDA
LEGAL NOTICE
All Interested persons will take notice that on the 11th day lif '
January, 1000, the City Cotnmis6lon of Miaml; Florids; adopted. the
following titled ordinances:
ORDINANCE NO.11M8 `
AN EMERGENCY ORDINANCE, •WITH ATTACHMENT,
ESTABLISHING A NEW SPECIAL REVENUE FUND ENT"
TLED: "MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAWLAND DEVELOPMENT.RFGULAT16NS: FY'69.00;'
APPROPRIATING FUNDS FOR ITS OPERATION IN THE
AMOUNT OF $21%417 COMPOSED OF4216,417 FROM
.THE FLORIDA DEPARTMENTOP COMMUNITY AFFAIRS;,,".
AUTHORIZING THE CITY MANAGER TO"ACCEPT'THE
GRANT AWARD FROMr.THE FLORIDA DEPARTMENT OF Y
COMMUNITY AFFAIRS .TO ASSIST THE CITY IN
PREPARING OR. MODIFYING LOCAL: LAND UEVELOP
MENT REGULATIONS AND AUTHORIZING T.HE.CITY
MANAGER TO ENTER, -.INTO AND EXECUTETHE `I
NECESSARY 'AGREEMENTA,'IN SUBSTANTIALLY.THE . '..'
ATTACHED FORM,. FOR THE ACCEPTANCE., OF SAID
GRANT; CONTAINING A REPEALER PROVISION ANDA
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE
ORDINANCE NO. 10688
AN ORDINANCE AMENDING CHAPTER 38.OF THE CODE
OF THE CITY OF MIAMI,,FLORIDA, AS AMENDED; BY
AUTHORIZING .THE BAYFRONT PARK MANAGEMENT
TRUST OR ITS EXECUTIVE DIRECTOR TO PERMIT, WITH . '
CERTAIN EXCEPTIONS, THE SALE OR DISPENSING OF,
ALCOHOLIC BEVERAGES,'; INCLUDING BEER AND WINE,,.''.
IN SOFT CONTAINERS. Ili CLAUDE"AND;MILDRED
PEPPER BAYFRONT PARK; SUBJECT TO COMPLIANCE
WITH ALL APPLICABLE'STATE.,Ali O'CAL
REGULATIONS; MORE PARTICULARLY;..BY CREATING A
.NEW CODE SECTION'3849.2; CONTAINING A REPEALER
.PROVISION AND.A SEVERABILITY CLAUSE
ORDINANCE NO.,10689 L
AN ORDINANCE ESTABLISHING A<NEW.SPECIAL ,
REVENUE FUND ENTITLED: "DADE COUNTY EMS GRANT
AWARD (FY489)", APPROPRIATING FUNDS FOFI THE
OPERATION OF SAME IN THE AMOUNT OF;$283;997,
CONSISTING OF A'$283,997 GRANT APP,ORT10NE0 BY '
METROPOLITAN DADE COUNTY FROM THE: STATE OF
FLORIDA DEPARTMENT OF HEALTH AND,REHABILITA•
TIVE SERVICES:UNDER THE "FLORIDA EMERGENCY
MEDICAL SERVICES GRANT PROGRAM FOR,COUNTIES" .
AND FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT THE AFOREMENTIONED GRANT AWARD AND
ENTER INTO THE NECESSARY CONTRACtANDIOR
AGREEMENT WITH THE FLORIDA DEPARTMENT 00
HEALTH AND REHABILITATIVE SERVICES ANDIOR ..
METROPOLITAN DADE COUNTY','CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
. ORDINANCE,NO.10690'
AN ORDINANCE AMENDING SECTION.1 OF ORDINANCE
NO 10642, THE CAPITAL IMPROVEMENT APPROPRIA-
TIONS ORDINANCE BY INCREASING THE TOTAL
APPROPRIATIONS TO THE CAPITAL PROJECT."
ROJECT ENTITLED
"SOLID WASTE COLLECTION EQUIPMENT—FY'MFY'91 ',.
PROJECT NO 353010 BY $750,000.00,,.SAID.AMOUNT
BEING AVAILABLE FROM THE CERTIFICATE OF
PARTICIPATION (C.O.P.);.CONTAINING A REPEALER,
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10691
AN ORDINANCE ESTABLISHING THE GOAL OF THE
MIAMI CITY COMMISSION OF MAINTAINING THE P.
TEMBER 30, 1989 FUND BALANCE OF THE GENERAL
FUND IN AN AMOUNT WHICH COULD NOT BE LESS
THAN $6,000,000 BUT COULD BE MORE DEPENDING ON
THE FINAL ACCOUNTING STATEMENT FOR FISCAL? ;..
YEAR' ENDING SEPTEMBER 30,`1989 AND REQUIRING
THAT A SEPARATE ACCOUNT BE ESTABLISHED: IN
WHICH SAID FUND BALANCE IS TO BE DEPOSITED
ALONG WITH ANY INTEREST EARNED BY THE FUNDS
IN THE ACCOUNT; FURTHER INCREASING FUTURE
YEAR ENDING FUND BALANCES IN THE ACCOUNT BY
A MINIMUM OF $1,000,000 PER FISCAL YEAR FOR THE
NEXT;FOUR YEARS, WITH THE MINIMUM BALANCE IN
THE ACCOUNT, INCREASING TO A MINIMUM OF
$10,000,000 BY THE' END OF SUCH TERM; FURTHER
INSTRUCTING THE CITY MANAGER TO TAKE THE
NECESSARY ACTIONS TO ACHIEVE SAID GOAL; FUR-.
THER PROVIDING THAT THE. SAID MONIES'IN SAID
ACCOUNT SHALL NOT BE THE SUBJECT OF APPRO-
PRIATIONS UNLESS THERE IS A FAVORABLE VOTE OF
415TH OF THE CITY COMMISSION; CONTAINING A.
REPEALER PROVISION AND A SEVERABILITY CLAUSE,
1 OF 2
f�ECF-.I\/IL- CI
ORDINANCE NO. 10692
AN!61116INANCH,E8TABLISHING A NEW SPECIAL
;REVENUE FUND ENTITLED: "DHRS NEW REFUGEE
EMPLOYMENT AND TRAINING PROGRAM (FY'90)" FUR-
THER AUTHORIZING THE CITY MANAGER TO ACCEPT
A GRANT AWARD FROM THE DEPARTMENT, OF HEALTH
AND REHABILITATIVE, SERVICES, IN THE AMOUNT OF
E56,550 AN INTE4 iNtO 1HE NECESSARY CONTRACT
'ANOIOR; AGREEMENT W)TH °,THE..SOUTH FLORIDA
EMPLOYMENT AND,TRAINING CONSORTIUM;
CONTAINING A REPEALER PROVISION. AND A "SEVER -
ABILITY CLAUSE,
ORDINANCE NO.10693
AN.ORDINANCE AMENDING 6kA0TER'5'4, ARTICLE VI,`
ENTITLED "SIDEWALK CAFES", OF THE CODE OF THE
CtTY"OF.MIAMI,.FLORIDA,.AS AMENDED, BY MAKING
THE FOLLOWING MODIFICATIONS: EXPANDING THE
BRICKELL AREA'. CAFEZONE;. FURTHER; IN:REGARD
TO SUCH ZONES GENERALLY BY REVISING THE PERMIT
FEE, MAKING CORRECTION TO THE STANDARDS, AND "
'CRITERIA; ADDING A RESTRICTION AGAINST THE GEN-
ERATfON OF: LOUD NOISE AS A FORM AND CONDITION
OP.THE PERMIT; PROVIDING FOR A,TEMPORARY SUS.
PENStON.OF A PERMi7 FOR'CAUSE; REINSTATEMENT
crr,n vvVq c!7Vcv v{1 nGvv�Gv r6nm11 Of In=NInCV• :
TOR OF _PUBLIC, WORKS UNDER SPECIFIC CONDITIONS;
AND,_ESTABU6HING.A.MINIMUM TIME PERIOD FOR
RE4PPLICAtION `AFtER-REVOCATION; MORE
PARTICULARLY BY AMENDING SECTIONS 54.109, 64.111,
.64.114,-54.416,:64.117 AND.54.118; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE NO.10604
I AN ORDINANCE AMENDING SECTION 3&8 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
INCREASING EXISTING RATES FOR THE USE OF DES-
IGNATED AREAS AT THE MANUEL ARTIME COMMUNITY
CENTER; ESTABLISHING'RATES,FOR THE USE OF THE
MINt-PLAZA'AND,.MINI•PARK AND AUTHORIZING
APPROVAL:OF SPECIAL RATES AND FEE WAIVERS BY
THE CIT(:,COMMISSION AT SAID CENTER FACILITIES;
REVISING THE: INSURANCE, REOUIREMENTS;
RENAMING THE LARGE AUDITORIUM OF BUILDING "A' ,
AS THE MANUEL ARTIME PERFORMING ARTS CENTER;
CONTAINING A.REPEALER PROVISION AND A SEVER•
ABILITY CLAUSE . -
'ORDINANCE ORDINANCE NO.10695
AN. ORDINANCE AMENDING SECTION, 53.151 OF THE
CODE OF, -THE CITY OF MIAMI, FLORIDA, AS AMENDED,
.,,WHICH: PERTAINS. TO PROCEDURES AND: USER FEES
AT THE COCONUT, GROVE EXHIBITION CENTER BY
CHANGING, FEES WHICH'.ARE DETERMINED BY THE
TYPE.OF;EVENT BEING HELD; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO..10696
AN ORDINANCE AMENDING SECTION 37.71 OF THE _
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "OPEN AND VACANT STRUCTURES," BY
PROVIDING FOR ACCEPTABLE METHODS OF SECUR-
ING AND SEALING VACANT STRUCTURES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10607
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
10619,' ADOPTED'JULY 27, 1989, BY INCREASING THE
APPROPRIATION To THE.SPECIAL REVENUE FUND
ENTITLED"JTPA TITLE 1/OLDER WORKER (FY'90)" BY
$8,300, THEREBY: INCREASING THE APPROPRIATION
< FOR:SAID SPECIAL REVENUE FUND TO $18,675; ALSO
INCREASING THE APPROPRIATION TO THE SPECIAL
" REVENUE FUND ENTITLED "JTPA TITLE IIA/NEIGHBOR•
HOODS JOBS PROGRAM (FY'90)" BY $42,321, THEREBY
INCREASING THE APPROPRIATION FOR SAID SPECIAL
REVENUE FUND TO $366,834 FOR THE OPERATION OF
THE NEIGHBORHOODS JOBS PROGRAM.
Ino
_' ; ,.hilt 25 Al 9: U
ORDINANCE N0.10696
AN ORDINANCE AMENDING SECTIONS 1, 3,4 AND 6OF
ORDINANCE No. 10648, THE ANNUAL APPROPRIATIONS'
ORDINANCE FOR FISCAL YEAR; ENDING SEPTEMBER
30, 1990, ADOPTED SEPTEMBER 2% 1989, BY CREATING
A NEW SECTION 2.1, DEBT SERVICE FUND,`.FOR THE ,
PURPOSE OF FORMALIZING"CITY' COMMISSION
ACTIONS AND IMOTHER AMNDATORY
CHANGES; CON AINIINGENTING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE:
ORDINANCE NO, 10699
AN EMERGENCY ORDINANCE AMENDING SECTION 1
OF ORDINANCE NO. 10642, AS AMENDED,, THE CAPI•
TAL IMPROVEMENT APPROPRIATIONS ORDINANCE 13Y
ESTABLISHING A NEW CAPITAL' IMPROVEMENT',
PROJECT ENTITLED "CITY-WIDE TELEPHONE SYSTEM", '
PROJECT NUMBER 311021 IN THE TOTAL AMOUNT OF
$1,339,900.00; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE,
ORDINANCE NO. 10700
AN ORDINANCE AMENDING' ORDINANCE 10644, AS
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBOR-
HOOD PLAN 1989.2000, BY AMENDING THE DEFINITION
OF THE LAND USE, ELEMENT TO REFINE THE DEFINI-
TIONS OF RESIbENTiAL'OFFICE, AND INDUSTRIAL; AND
AMENDING THE HOUSING ELEMENT OBJECTIVE 1,3
AND POLICY .1.3.4 AND DELETING POLICY :1:3.5 fT
PERTAINS TO COMMUNITY BASED RESIDENTIAL FACIL- -`
ITIES, ADULT CONGREGATE LIVING` FACILITIES, FAM-
ILY HOMES AND FAMILY GROUP AND GROUP HOMES;
AND CORRECTINGSCRIVENER'S ERROR; INSTRUCTING
THE CITY CLERK TO TRANSMIT THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY' AFFAIRS;
CONTAINING A REPEALER PROVISION SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO.10701
AN ORDINANCE WITH ATTACHMENT, AMENDING
ORDINANCE 10544, AS AMENDED, THE MIAMI COMPRE•
HENSIVE NEIGHBORHOOD PLAN 1989.2000, DRAINAGE
SUB -ELEMENT;; POLICY NO. 2.1.3, BY SPECIFYING
WHICH STORM SEWERS IN THE CITY WILL ,BE
DESIGNED FOR A ONE -IN -FIVE-YEAR EVENT.:AND
ESTABLISHING A SPECIFIC LEVEL, OF SERVICE (LDS)
STANDARD FOR THE REMAINDER OF THE STORM SEW-
ERS; COASTAL MANAGEMENT SUB -ELEMENT, POLICY
4,1.2, DEFINING AND DESIGNATING THE COASTAL HIGH -
HAZARD AREA WITHIN'THE CITY OF MIAMI; AND
ADOPTING CONSISTENT LEVEL OF SERVICE STAND,
ARDS IN BOTH THE DRAINAGE SUB -ELEMENT AND'
POLICY NO. 1.2.3(4) OF THE CAPITAL IMPROVEMENTS
ELEMENT; DIRECTING TRANSMISSION TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING
i A REPEALER PROVISION SEVERABILITY CLAUSE AND
EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Offlce of
the City Clerk, 3500 Pan American Drive, Miami; Florida,°M,onday .
through, Friday, excluding.;holidays, between the hours' of; 8:00
a.m.. and 5:00 p,m.
(6251)
MATTY HIRAI
CITY CLERK
1123 MIAMI, FLORIDA
` 90.4,012391M
2 pF 2