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HomeMy WebLinkAboutO-10639J-89-910 9/14/89 ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING SECTION 54-100 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SUBSTITUTING AN "IRREVOCABLE" PERMIT FOR A "REVOCABLE" PERMIT IN SAID SECTION AND FURTHER PROVIDING THAT A GUARD GATE WHICH DOES NOT COMPLETELY HINDER PUBLIC ACCESS ALONG THE RIGHT-OF-WAY SHALL BE AUTHORIZED WHEN SAID GUARD GATE IS INSTALLED AS PART OF A GOVERMNIALLY OPERATED PROJECT OR AS AN ELEMENT OF A SPECIAL TAXING DISTRICT; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 54-100 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: 1/ "Sec. 54-100. Established. Base building lines are hereby established for the purpose of assuring that sufficient space occurs between the street fronts of buildings and structures; to provide for natural light and circulation of air; to lessen the adverse effect resulting from fire, floods, tornadoes, and hurricanes; to provide for access for fire -fighting apparatus or rescue and salvage operations; to facilitate provisions for traffic, transportation and circulation, and to promote safety, health, amenity and general welfare within the city. No building, structure, or part thereof, shall be erected, structurally altered, enlarged or extended beyond the base building lines established by this article with the exception of encroachments or temporary structures which are specifically permitted by the South Florida Building Code or this chapter. Restaurant arcades on Flagler Street between the Miami River and Biscayne Boulevard are allowed by revocable permits granted by the city commission after approval by the city manager and recommendations by the director of public works, the director of planning, and the director of fire, rescue and inspection services. In addition, guardhouses are permitted by irrevocable permits granted by the city commission after approval by the city manager and recommendations by the director of public works, the director of planning, the director of fire, rescue and inspection services, the director of police and the director of solid waste. All of the foregoing recommendations are to be based on factors of safety, liability protection, accessibility and maintenance of public and private property. All guardhouses to be located in the dedicated right-of-way shall not exceed 100 square feet and must conform to the City of Miami's Engineering Standards For Design And Construction, adopted by the department of public works. Final design plans must be submitted to the required departments and the city commission for review and approval before a revokable permit will be granted for a guardhouse in the dedicated right-of- way. Commencing effective September 14, 1989, upon the grant of the above amrovals such governmental entities shall be 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. 1.00II*f l:.. a i� authorized to install a guard date which operates automatically and which does not completely hinder public access along the right-of-way when said installation is part of a governmentally operated project or an element of a special taxing district." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 6. its adoption. This Ordinance shall become effective immediately upon PASSED AND ADOPTED this 14th day of September , 1989. r XAVIER L. SUAREZ, MAYOR ATTES C.2f� MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: 4� ROBERT F. CLERK CHIEF ASSISTANT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION RFC:bss:M540 APPROVED AS TO FORM AND CORRECTNESS: 4 -JqRGE L. FERNJNDEFZ CITY ATTORNEY -1 -2- RECEIVED 1089 SEP 2.9 "'A" T T Y t1if1 t�1 CITY Cl_�fc�i ^jr-( op- �1I1)��rl,�;�. MIAMI REVIEW Published Deily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida, STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelme 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. 10639 In the .... X..X X ... . ........................ Court, was published in said newspaper In the Issues of September 26, 1989 Afflant further says that the sold Miami Review Is a reaper published at Miami In said Dade County, Florida, t%t the said newspaper has heretofore been continuously (shed in said Dade County, Florida, each day (except rday, Sunday and Legal Holidays) and has been entered as ,nd class mail matter at the post office In Miami In said r County, Florida, for a period of one year next preceding first publication of the attached copy of advertisement; and nt further says that she has n d nor promised any on, firm or corporation an ount, abate, commission If tl9>non 4a�1 f Ing thl advertisement for .......... ....... . • Sworn to and, subs ribed before me this t►®® • W 26 �N or ... Septera&hbe>:. �...., A..19..89.. ...... �/�. .. •. .... � .......i 1. .. • it Sanchez ����� • •Nofhry 11P iP tale o1 Florid Large ��RlORiDI My Co(SEALmmission 'e�xptiesfJune 21, 1991, MR i15 MR 144 CITY OF MIAMI, FLORIDA LEGAL NOTICE All Interested persons will take notice that on the 14th day of September, 1989, the City Commission of Miami, Florlda, adopted the following titled ordinances: ORDINANCE NO.10630 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY '89)", APPROPRIATING FUNDS FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN ACCORDANCE WITH SECTION 403.706(4) FLORIDA STATUTES IN THE AMOUNT OF $516,050, CONSISTING OF A $412,840 RECYCLING PROGRAM GRANT AND A $103,210 RECYCLING EDUCATION GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGU• LATION, IN ACCORDANCE WITH THE STATE OF FLOR. IDA SOLID WASTE MANAGEMENT GRANT RULE 17.716 AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO. 10631 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT SPECIAL REVENUE FUND FY 89.90'; APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $280,000 TO BE RECEIVED FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE, ORDINANCE NO.10632 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION AUTHORIZING AND APPROVING THE EXECUTION OF A PARTICIPATION AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED, TO EVIDENCE THE LOANING OF.FUNDSIN AN AMOUNT NOT TO EXCEED $6,5W,000.00 FROM THE FIRST MUNIC. IPAL LOAN COUNCIL'S POOLED LOAN PROGRAM TO THE CITY OF MIAMI, FLORIDA, FOR THE DEPARTMENT OF OFF-STREET PARKING. ORDINANCE NO. 10633 AN EMERGENCY ORDINANCE AMENDING CHAPTER 39, ARTICLE 11, SECTION 39.17(11) OF THE CODE OF THE CITY OF MIAMI BY EXTENDING THE PROHIBITION ON VENDING WITHIN THE FLAGLER DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE,AND EAST FIRST AVENUE) FOR ONE' YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10634 AN ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE CAPITAL IMPROVEMENTS APPROPRIAT- ING ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "POLICE DEPART- MENT 911 EMERGENCY BACKUP SITE" AND APPRO. PRIATING FUNDS IN THE AMOUNT OF $346,000 FROM THE EMERGENCY 911 SYSTEM SERVICE FEES AND $52,8W FROM THE 1994 POLICE GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF PROVIDING UNINTER• RUPTED EMERGENCY SERVICES TO THE COMMUNITY IN THE EVENT.OF EVACUATION FROM ITS CURRENT LOCATION. ORDINANCE NO. 10835'l AN ORDINANCE AMENDING SECTIONS`i; 4 and 5 OF' ORDINANCE NO. 10484, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1989, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO.10636 AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE I IN GENERAL, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW PARAGRAPH TO SECTION 4.3 (a) WHICH DEFINES A RETAIL SPECIALTY CENTER; BY AMENDING PARA- GRAPH (3) AND (5) OF SECTION 4-3 (c) TO ESTABLISH HOURS OF OPERATION FOR SAID RETAIL SPECIALTY CENTERS; BY ADDING A NEW SUBSECTION (f) TO SEC- TION 4.14 TO PROVIDE AN EXCEPTION FROM DISTANCE SEPARATION REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISHMENTS AND RESTRICT SIGNS FOR AND IN RETAIL SPECIALTY CENTERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10637 AN ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 10521, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY INCREASING THE TOTAL APPROPRIATIONS TO THE CAPITAL PROJECT ENTITLED ''SOUTH EAST OVERTOWN/PARK WEST REDEVELOPMENT/PHASE I" PROJECT NO. 322029 BY $719,741, SAID AMOUNT WITH FUNDS AVAILABLE FROM FUNDS RECEIVED FROM THE URBAN PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10638 AN ORDINANCE AMENDING ORDINANCE NO, 10459, ADOPTED JULY 14, 1988, WHICH ESTABLISHED THE MIAMI WATERFRONT ADVISORY BOARD, BY REQUIR- ING THAT THE BOARD SHALL BE INFORMED OF ALL ISSUES CONCERNING THE MAJOR DEVELOPMENT AND/OR DISPOSITION OF CITY -OWNED WATERFRONT PROPERTY FOR ITS INPUT AND ADVICE AT THE SAME TIME OR BEFORE OTHER CITY COMMITTEES OR BOARDS ARE INFORMED OF SAID ISSUES; -CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. ORDINANCE NO. 10639 AN EMERGENCY ORDINANCE AMENDING SECTION 54.100 OF THE CODE OF THE CITY OF MIAMI, FLORI- DA, AS AMENDED, SUBSTITUTING AN "IRREVOCABLE" PERMIT FOR A "REVOCABLE" PERMIT IN SAID SEC- TION AND FURTHER PROVIDING THAT A GUARD GATE WHICH DOES NOT COMPLETELY HINDER PUBLIC ACCESS ALONG THE RIGHT-OF-WAY SHALL BE AUTHORIZED WHEN SAID GUARD GATE IS 114STALLED AS PART OF A GOVERNMENTALLY OPERATED PROJ• ECT OR /�S AN ELEMENT OF A SPFCIAL TAXING DIS- ? ,I CrAI1AINI•Jr-A n,n• r, r) nnnvn,!Ir,ri Arun n 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 Octelms V. Ferbeyre, who on oath says that she is the Supervisor of Legal Advertising of the Miami Review, a dally (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 M[AMI ORDINANCE NO. 10639 In the .....X X.IX:...............I............ Court, was published in said newspaper In the Issues of September 26, 1989 Afflant further says that the sold 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 sold Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afflant further says that she has n d nor promlaer; any perpon, Irm or corporation an ount, abate, commission or rel d for the p f ing thI advertisement for publi de in t461 161YV i �%��� � � � -..•+cn� . -• gip. '.......... ....... . • Sworn to end subegribed before me this .2 6. = of ... Sept it. A.p.19..89. . . ....:. i .. at Sanchez Notary P Iate of Florid Large (SEAL) 4t%IC)RiD1A°°°`\ ; My Commission expires June 21, 1991. A MR 4t5 M R 144 SECTION 403.706(4) FLORIDA STATUTES IN THE AMOUNT OF $516.050, CONSISTING OF A $412,840 RECYCLING PROGRAM GRANT AND A $103,210 RECYCLING EDUCATION GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGU- LATION, IN ACCORDANCE WITH THE STATE OF FLOR- iDA SOLID WASTE MANAGEMENT GRANT RULE 17.716 AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVER- ABiLITY CLAUSE. ORDINANCE NO. 10631 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT SPECIAL REVENUE FUND FY 89.90'; APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $280,000 TO BE RECEIVED FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10632 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION AUTHORIZING AND APPROVING THE EXECUTION OF A PARTICIPATION AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED, TO EVIDENCE THE LOANING OF FUNDS iN AN AMOUNT NOT TO EXCEED $6,600,000.00 FROM THE FIRST MUNIC- IPAL LOAN COUNCIUS POOLED LOAN PROGRAM TO THE CITY OF MIAMI, FLORIDA, FOR THE DEPARTMENT OF OFF-STREET PARKING. ORDINANCE NO. 10633 AN EMERGENCY ORDINANCE AMENDING CHAPTER 39, ARTICLE 11, SECTION 39.17(11) OF THE CODE OF THE CITY OF MIAMI BY EXTENDING THE PROHIBITION ON VENDING WITHIN THE FLAGLER DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE,AND EAST FIRST AVENUE) FOR ONE YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10834 AN ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE CAPITAL IMPROVEMENTS APPROPRIAT- ING ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "POLICE DEPART- MENT 911 EMERGENCY BACKUP SITE" AND APPRO- PRIATING FUNDS IN THE AMOUNT OF $346,000 FROM THE EMERGENCY 911 SYSTEM SERVICE FEES AND $52,800 FROM THE 1984 POLICE GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF PROVIDING UNINTER- RUPTED EMERGENCY SERVICES TO THE COMMUNITY IN THE EVENT OF EVACUATION FROM ITS CURRENT LOCATION. ORDINANCE NO. 10635, AN ORDINANCE AMENDING SECTIONS•1',`14 and 5 OF ORDINANCE NO. 10484, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1989, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10636 AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE I IN GENERAL, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW PARAGRAPH TO SECTION 4.3 (a) WHICH DEFINES A RETAIL SPECIALTY CENTER; BY AMENDING PARA- GRAPH (3) AND (5) OF SECTION 4.3 (a) TO ESTABLISH HOURS OF OPERATION FOR SAID RETAIL SPECIALTY CENTERS; BY ADDING A NEW SUBSECTION (f) TO SEC- TION 4.14 TO PROVIDE AN EXCEPTION FROM DISTANCE SEPARATION REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISHMENTS AND RESTRICT SiGNS FOR AND IN RETAIL SPECIALTY CENTERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10637 AN ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 10521, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY INCREASING THE TOTAL APPROPRIATIONS TO THE CAPITAL PROJECT ENTITLED "SOUTH EAST OVERTOWNiPARK WEST REDEVELOPMENT/PHASE I" PROJECT NO. 322029 BY $719,741, SAID AMOUNT WITH FUNDS AVAILABLE FROM FUNDS RECEIVED FROM THE URBAN PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10638 AN ORDINANCE AMENDING ORDINANCE NO. 10459, ADOPTED JULY 14, 1988, WHICH ESTABLISHED THE MIAMI WATERFRONT ADVISORY BOARD, BY REQUIR- ING THAT THE BOARD SHALL BE INFORMED OF ALL ISSUES CONCERNING THE MAJOR DEVELOPMENT AND/OR DISPOSITION OF CITY -OWNED WATERFRONT PROPERTY FOR iTS INPUT AND ADVICE AT THE SAME TIME OR BEFORE OTHER CITY COMMITTEES OR BOARDS ARE INFORMED OF SAID ISSUES;-CONTAiNING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. ORDINANCE NO. 10639 AN EMERGENCY ORDINANCE AMENDING SECTION 54-100 OF THE CODE OF THE CITY OF MIAMI, FLORI- DA, AS AMENDED, SUBSTITUTING AN "IRREVOCABLE" PERMIT FOR A "REVOCABLE" PERMIT IN SAID SEC- TiON AND FURTHER PROVIDING THAT A GUARD GATE WHICH DOES NOT COMPLETELY HINDER PUBLIC ACCESS ALONG THE RIGHT-OF-WAY SHALL BE AUTHORIZED WHEN SAID GUARD GATE IS 114STALLED AS PART OF A GOVERNMENTALLY OPERATED PROJ- ECT OR AS AN ELEMENT OF A SPECIAL TAXING DIS- TRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said ordinances may be Inspected by the public at the Office of the City Clerk, 3500 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 (6186) MIAMI, FLORIDA 9/26 89.4.092637M