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HomeMy WebLinkAboutO-10687c7-90-02 12/18/89 ' • w � I�i':1 • •1l ■ • N 11�1 :1 '1 ■■ ' !•, 1" 1�1 :1 IN 1:•'1 (soil D ■ N O.-IN 'fir sI •• to "•,s" ■' Ili •' •' �I' it ■ 1 ;i' • : !s, 1•i :Il • 'col 1 • • ■l l)m 1�1 • !•; I to DI al• • � al' ■ • n � �� 1 � • •s !I' DIDI 1N 0■ 1 N I:II • '� • Is 51 D. l • 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 CON 0 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: 4601 -,;1 Wo 1A iltf'616 k;�: �:ih•'.•}9{. I,'ll�• ; rr.� • �I• ; ;dMut�1►N • •.•141u1 1►rMM t y t •L • ' 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. -2- 010&s? 1w 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: R4L 4CI JO . FE EZ ATTO 1: i 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. 1 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. 2 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. 3 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 �h (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