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HomeMy WebLinkAboutO-0902811/19/79 ORDINANCE NO. 9028 AN ORDINANCE REPEALING SECTION 50-79 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MIAMARINA", AND SUBSTITUTING THEREFOR A NEW SEC- TION 50-79 ENTITLED "MIAMARINA DOCKAGE RATES"; PROVIDING GUIDELINES FOR THE ANNUAL COMPUTATION AND ASSESSMENT OF DOCKAGE RATES AT MIAMARINA; PRO- VIDING FOR THE RECOMPUTATION OF DOCKAGE RATES AT OTHER TIMES FOR A SPECIFIED REASON; DEFINING THE VARIOUS CLASSIFICATIONS OF BERTHS TO BE USED IN THE ASSESSMENT OF DOCKAGE RATES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, current dockage rates at MIAMARINA are esti- mated to be insufficient to defray costs of operation during subsequent fiscal years; and WHEREAS, it is desired that dockage rates at City marinas be comparable to those of other marinas in this area offering a similar quality of facilities; and WHEREAS, it is the City's policy that its marinas be self-sustaining and operate at no cost to the taxpayers; and WHEREAS, it is desirable that City policy provide for the annual adjustment of dockage rates to compensate for anticipated changes in costs of operation; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 50-79 of the Code of the City of Miami, Florida, as amended, entitled "Miamarina", is hereby repealed in its entirety and a new Section 50-79 entitled "Miamarina dockage rates" is hereby substituted therefor, reading as follows: "Sec. 50-79. Miamarina dockage rates. (a) The following dockage rates at Miamarina shall be in effect until September 30, 1980: A. The dockage rates at Miamarina, for boats not used commercially shall be as follows: (1) Transient Residence aboard permitted. 25d per foot per day, based on the overall length of the vessel including bowsprits, davits, booms, boomkins, or any other fixture or piece of equipment extending longitudinally beyond stem or stern of the vessel while docked. Payable daily or weekly in advance per agreement with the dockmaster. Minimum charge - $7 per day. (2) Long Term (30 days or more, payable monthly, in advance) a. Alongside berths or berths with finger piers (Residence aboard permitted). 16 per foot per day, based on length of berth. b. Bulkhead berths 114 per foot per day, based on length of the berth. B. The dockage rates at Miamarina for long-term commercial vessels shall be based on the length of the berth, as follows: (1) Commercial Piers a. Charter fishing vessels b. Drift fishing vessels c. Charter sailboats (Bulkhead) d. Charter sailboats (Piers D, E & F) $100 per month $200 per month $100 per month 84 per foot per day (L.O.A. of the vessel) C. Miscellaneous Dockage (1) Green Dolphin "Dinner Stop" dockage $1.92 + tax (2) Noncommercial vessels tieing up for from 1/2 to 4 hours $3.84 + tax (3) Commercial, leased, or vessels tieing up for any brief period in the course of business transactions $3.84 + tax (b) In accordance with the city's established policy that city marinas be operated at no cost to the taxpayers, future dockage rates at Miamarina shall be established in the manner herein set forth so that anticipated annual revenues shall not normally exceed estimated costs of operation by more than $21,000, and shall normally exceed estimated costs of operation by at least $20,000, which excess sum shall be used as a reserve for improvements and reconstruction. Should costs of needed improvements and reconstruction at Miamarina be projected in any year as exceeding $21,000, then the additional projected cost shall also be applied in the calculation of dockage rates for that year or future years. (c) Future dockage rates shall be established annually by the department of stadiums and marinas prior to July 31st and become effective October 1st for the ensuing fiscal 2 - 9028 year, after approval thereof by the city manager, in accordance with the criteria set forth in subsection (b) above. Dockage rates may be computed and re- established by the city manager at such times during the year as may be necessary due to an increase in operating costs and/or the reserve, in order that anticipated annual gross revenues equal the said increased operating costs, plus the reserve for improvements and reconstruc- tion. (d) Basis for Rates - Long-term dockage rates shall be based on the length of the berth according to berth classification, and computed as a daily rate. This daily rate shall be converted to and levied as a monthly rate based on a 30-day month, expressed in multiples of $5. Transient dockage rate shall be expressed as "cents per foot per day (4/ft/day)"and shall be based on the length overall (L.O.A.) of the vessel including but not limited to booms, bowsprits, boomkins, dinghies in stern davits. (e) Berth Classifications A. Noncommercial Berths (1) Transient Any unassigned berth or an assigned berth temporarily vacated for a period in excess of 48 hours. Dockage charges are due and payable daily or weekly in advance, per agreement with the dockmaster. (2) Long Term Any berth leased for a period in excess of 30 days. Dockage charges are due and pay- able in advance at the time of assignment and in advance on the 1st day of each month (i) Class "A". Alongside berths and berths with an adjacent pier. Residence aboard is permitted. (ii) Class "B". All bulkhead berths except "commercial", and certain berths on Pier C designated as unsuitable for residence aboard. B. (1) Commercial Berths Berths on the Bulkhead in the area known as the "Commercial Docks" assigned only to vessels in the following categories actively pursuing their licensed occupations, as indicated below: a. Charter fishing b. Drift fishing 3 9028 c. Sightseeing d. Charter sailing (Bulkhead) e. Charter sailing (Piers D, E, & F) C. Dockage charges are due and payable in advance at the time of assignment and in advance on the 1st day of each month thereafter." Section 2. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, 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. PASSED ON FIRST READING BY TITLE ONLY this November , 1979. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 5th day of December ATTEST: 2hth day of , 1979. Maurice A. Ferre MAYOR c % (3%rel/)ONGIE, CITY C PREPARED AND APPROVED BY: (AAA ROBERT F. CLARK ASSISTANT CITY ATTORNEY AP G CIT ED AS TO FORM AND CORRECTNESS: F. KNO TTORNE -4- 9028 Joseph R. Grassie City Manager ih. . •ennings! Director Dep tment of :tadiurs and Marinas Li November 2, 1979 WILE .Dockage Rate Increase at Miamarina. Section 50-79 City Code _(1) Proposed Ordinance (2) Recommended Dockage Charges ati--Miama 4 ~ for FYnit 19 8n l (3) Estimated cost of Operation for Miamarina for FY 1979-8( During the period from July 1976 to February 1977, the City Commission passed ordinances completely revising Chapter 50 of the City Code. Section 50-78 established a formula for the annual computation of dockage rates at Dinner Key Marina and its Annex. Section 50-79 established rates for the various categories of berths at Miamarina based on the anticipated revenues and costs of operation of that marina at that time, but included no guidelines or regulations for annual review and adjustment of the dockage rates to compensate for fluctuations in the cost of operation of the marina in the future. Also no provision was made for the accrual of a reserve for improvement. Due to the unpredictable high rate of inflation, we have now reached the point where estimated costs of operation for Miamarina will exceed its estimated revenues during FY 1979-80 by approximately $78,000.00, and a rate increase is necessary. This appears to be an excellent time to also accomplish the establishment of a permanent format for the annual adjustment of the Miamarina's dockage rate. The recommended rate increase is calculated to provide $16,728 for the reserve for improvements. A request for $5,000 for pilings is already in the budget, bringing the estimated amount of moneys reserved for improvements in FY 1979-80 to $21,728. Accordingly, the Stadiums and Marinas Department proposes the adoption by the City Commission of the enclosed ordinance (Enclosure (1)) which we believe will eliminate the need for repeated changes in the Code caused by annual dockage rate adjustments. Enclosure (2) contains proposed dockage charges and the consequent revenue estimate for FY 1979-80 computed in Page 1 of 2 9028 • Joseph R. Grassie November 2, 1979 accordance with the proposed ordinance. This enclosure is in the form that would be submitted annually for City Manager approval in accordance with Enclosure (1) the proposed ordinance. Enclosure (3) is the proposed budget estimate of costs of operation for FY 1979-80, which indicates the need and the amount of a revenue increase. Enclosures cc: City Attcrney 0 ESTIMATED REVENUES - MIPMARINA r,! 1979-80 DOCKAGE REVENUE 24 40' berths @.11c' it/day - Bulkhead 38,016 6 40' berths @.110 ft/day - Bulkheads 9,504 (p ess 20 disc.) , 41 55' berths @.164 ft/day - Piers A,B, & C 129,888 11 55' berths @.16' ft/day - Piers A,B, & C 34,848 (less 20% disc.) 17 Charter boats @ $1.00 per month 20,400 2 Drift fishing boats @ $2.00 per month 4,800 1 Sightseeing Boat @ $165 per month 4 1,900 60 45' boats 0.25t ft/day Transient 246,375 5/day Boats ©$1.92 - Restaurant patrons 3 45G Total Yearly Dockage Revenue $489,267 OTII1 R REVENUE Utilities Coin Laundry Ticket Booth Rental Long Distance calls.. Miscellaneous 8,500 4,700 3,000 17, 000 3, 000 Total Yearly other Revenues 36,200 Combined Total Yearly Revenge $525,467 Enclosure 2 9028 do3ec I 1111,11h I II 11I Y I1 i •':t FISCAL YCA 1979-90 •tit.A - - rodc EnterpriseIDerartznt Stadiums & Marinas _ _ _ 41 __ Description Adopted Modified Request Adopted 1979-80 1978-79 1978-79 Division _ _Marinas - CGL Difference 3-5=6 umc_er (over) Miamarina Difference 4-5=7 under (over) Personnel Services- j 175, 981 224_851 _ ____+48 870 :31 Salaries and ,rages ! 175, 981 - 50- Personnel Services i + 4 , 602 ' 1;9 other Pay � - 69,150 69,150 ' 73, 752 _ I C 1- Total Persn ne?_ 6 Same 133 Services 245,,_131 1 245,131 29$ 1_§.03 03 _ +53, 472 2:3- _ 00 886.i +22f 937 Same _____ __ nzratin Z�pense! 177 949 177, 949 _ �__.I.! w3- �50_ s t_ c ; Ri vtt 2 500 _. 2 500 _ _7 2'50 _ _ + Same --_ fi..3 C� pit.._. 0_.._ay I ..__ ---- 5'4 [Debt Service 1 0 _Q -- -----0 ?:on -Op =rating 1 1 JO ----0_ Total Other Expense Same =if 0301�____ ____ems — Explan'•ttion i Same • Total ^aoLal 180 449 I 180 449 2g91 z_ I ; t 425,580 I 425, 580 I 506,739 ` 81 ,159 — — Same 15 LISZTJ - -15--- GG 05 Enclosure 3 i 1'ni1ir., is fa_ r: :L only. MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday 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 Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published et Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of C.I.TY OF MIAMI Re: Ordinance No. 9028 in the....................X....X...X...X Court, was published in said newspaper in the issues of December 14, 1979 Affiant further says that the said Miami Review and Daily Record 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 attached copy of advertisement; and atfiant further says that she has neither paid nor promised any person. firm or corporation any discount, rebate, commission or refund for he purpose of sec Flpdyertlsernent for IIlation in the sal, C. !SEAL) MR-93 day of Notary My Corn Sworn ib and subs ibbdjefore.me this c Ab i+yt6,(9:.19. 79 y .. �v Dgi r t J . ublic,SJpt or(da'at Lar'e nission ekl/ee itJly 17, 1982. ter uE;\. !.) CITY OF MIAMI DADt COUNTY, FLORIDA LEGAL NOTICE „ • 0n i�,Ltr1, All interested persons will take notice that �,S }�M!�� ,- December, 1979, the City Commission Of Want, FIoN0116d ' following titled ordinance: city of Mlernl, F a. ORDINANCE NO. 9020 AN ORDINANCE REPEALING SECTION 50.79 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MIAMARINA", AND SUBSTITUTING THEREFOR A NEW SECTION 50.79 ENTITLED -• "MIAMARINA DOCKAGE RATES"; PROVIDING '. '` GUIDELINES FOR THE ANNUAL COMPUTATION AND AS- SESSMENT OF DOCKAGE RATES AT MIAMARINA; pig UAD Mn. 03 . " RATES AT OTHER TIMES FOR A SPECIFIED REA'' ' _,. DEFINING THE VARIOUS CLASSIFICATIONS OF BERTHS TO BE USED IN THE ASSESSMENT OF DOCKAGE RATES; CONTAINING A REPEALER PROVISION AND A ' SEVERABILITY CLAUSE. OpRALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 14 day of December, 1979. �: ;s•." � Ott^.;x. 7 w