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Section 35-225 Design District Parking Improvement Trust Fund Established
(a) There is hereby established a trust fund to be entitled the Design District improvement
trust fund. ("Trust Fund") to be maintained and administered by the department of off-street
parking into which funds shall be deposited and from which funds shall be withdrawn pursuant
to sections 35-226 and 35-227 to facilitate public off-street parking, infrastructure improvements
and maintenance and marketing to serve the area consisting of the SD-8 zoning district through
means which may include but are not limited to the following activities:
(1) Acquire fee simple or other interest in land, and other real property for parking
purposes;
(2) Construct, maintain, operate, lease, manage, or otherwise provide off-street
parking facilities for public use;
(3) Provide public information to enhance parking utilization including publicity
campaigns, graphics and signage, and other informational devices;
__ (4) _— Coordinate plans for---parking-facility- improvements and expansion with pubic
transportation plans and operations in the vicinity, particularly the joint facilities that might be
operated in connection with Metrorail and any feeder services existing or future;
(5) Provide accessibility to off-street parking facilities by suitable means such as
public shuttle, tram or trolley service and related physical improvements such as bus shelters and
right-of-way modifications;
(6) Perform such other related activities as may be appropriate to carry out the intent
of this article including, but not limited to, infrastructure improvements in the public right-of-
way, contributing to maintenance of the public sidewalks within the business district defined
herein, as well as destination marketing (only through providing matching funds).
(b) It is the intent of this article that at least 90 percent of the funds, as determined at the
beginning of each fiscal year, in the trust fund shall be utilized for subsections (a)(1) through (6)
herein above. At least ten percent of the funds must be maintained as reserves.
(c) Any such shuttle, tram or trolley service, as mentioned in subsection (a) (6) herein above,
shall be subject to yearly evaluation of the Design District Improvement Committee.
Sec 35-226 Design District Parking Improvement Trust Fund Funds made available; financial
report.
(a) Funds deposited in the trust fund shall be made available to the city commission or the
purposes set forth in section 35-225 and for administrative expenses after review and
recommendation by the Design District Improvement Committee ("Committee") to the city
commission and approval by the city commission following receipt and consideration of the
committee's recommendation. Submitted Into the public
record in connection with
item 1241 on R-a-B-ob
Priscilla A. Thompson
City Clerk
466640_1.doc
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(b) A financial report on Trust Fund receipts and expenditures shall be prepared annually at
the close of the fiscal year by the off-street parking department and presented to the Design
District Improvement Committee for its review and approval prior to filing with the city clerk,
Sec. 35-227. Design District Parking Improvement Trust Fund Schedule of fees and charges
(a) The schedule of fees and charges to be assessed and paid into the trust fund is as follows:
(1) Fee in lieu of providing required off-street parking for sidewalk cafes: in addition
to the $20.00 per square foot permit fee required by the public works department, as specified in
section 54-223 of the city code, there shall be paid an additional fee as set forth in subsections
(3)c, and (3)e„ in lieu of providing required off-street parking, said funds shall be paid monthly
into the Design District Improvement Trust Fund.
(2) All property owners currently in possession of base parking space waivers as
provided in, Ordinance 11052, shall pay $1,000.00,1,200.00, per space per year, payable
monthly ("Annual Payment."). Notwithstanding the foregoing, the initial cost shall be $756,800,
per space per year, payable monthly, for the first year ("First Year Payment"). For the second
year, the cost shall be $$ 89,1000• per space per year, payable monthly ("Second Year Payment").
The Annual Payment shall be $1,000.001,200.00 per space per year starting with the third year.
The annual payment shall be inflation adjusted once at the end of each five year period. The first
inflation adjustment shall commence on January 1, 2011, reflecting the change from the prior
year only, using the consumer price index urban consumers (CPI-U). Conversely, if the assumed
construction cost for the parking garages for the Annual Payments are made is determined to be
less than $24,000 per parking space, the annual Payment and the purchase price discussed below
shall be reduced to reflect the reduced cost. All property owners currently in possession of base
parking space waivers shall have the option of converting the existing waivers to conform to the
provisions set forth in subsection (3).
(3) Fee in lieu of providing required off-street parking for the SD-8 zoning district
pursuant to Article 6 of Ordinance No. 11000, as amended, the Zoning Ordinance No. 11000. as
amended, the Zoning Ordinance of the City of Miami (the "Zoning Ordinance") shall be a
follows:
(a) A purchase price of $10,800,0012,000,00 per parking space waiver (the "purchase
price"). The purchase price shall be inflation adjusted once at the end of each five-year period.
The first such adjustment shall occur on January 1, 2011 reflecting the change from the prior
year only using the consumer price index urban consumers (CPI-U). The purchase price shall be
paid in either of the following two ways, at the option of the property owner:
(i) Permanent Certificate of Waiver. Payment of the purchase price may be
made at the time of application for a permanentcertificate of waiver. Upon receipt of the
purchase price, the city shall issue a "pemranent certificate of waiver," recorded at the property
owner's expense in the public records of Miami -Dade County, Florida, to the property owner.
The permanent certificate of waiver shall run with the land, and may be leased to another owner
of real property within the SD-8 District in accordance with Section 602.10.4 of the Zoning
Ordinance.
Submitted Into the public
record in connection with
-2- item PZ.?-1 on q-ip-oy
Priscilla A. Thompson
City Clerk
466640_1.doc
(ii) Installment Payment Program. The purchase price may be paid in
installments over a self -amortizing period of 15 years, but with a balloon payment after ten years
from date of execution of an installment payment agreement for permanent certificate of waiver
(the "agreement"), with interest at one percent below the bank prime rate, Each installment shall
be referred to as a "payment." Bank, prime rate shall refer to the rate set by the banking
institution used by the department of off-street parking (the "department"). Payments shall be
due and payable on the 1st of each month (the "due date"). The property owner shall pay a late
fee of five percent of each payment which is not received within 15 days of the due date.
Payments not made within 30 days after the due date shall be charged interest at the rate of ten
percent per annum calculated monthly on the unpaid balance, including applicable late fees. If
any payment is returned because of insufficient or uncollected funds in addition to any other fee
or charge due, the property owner shall be liable for a returned check charge in the amount of
five percent of the amount of the check: in such event, the department may require that all future
payments be made by cashier's check. In the event any payment is not received by the
department within 90 days of the due date, the applicable certificate(s) of waiver shall be
revoked by, the zoning administrator, and the property owner shall forfeit any and all rights
thereunder, and any amounts paid pursuant to the agreement, and shall not be entitled to
participate further in the installment payment program, unless its to avail themselves of an
alternate installment payment program hat becomes available, Notwithstanding the foregoing,
the property owner shall remain responsible for providing parking, or apply and pay for the
necessary monthly parking space waivers or make full payment.
b. Reserved.
c. The rental fee in lieu of providing the supplemental off-street parking required for
restaurants, as specified in section 602.10.1 of the zoning ordinance, ("Rental
Fee"), for the first five (5) years, shall be $800.00 per parking s . ace . er year J. .e .. id on a
monthly basis, until a reduction of waiver certificate is obtained. Beginning in year sic (6), the
Rental Fee shall be $1000 per parking space, per year, to be paid on a monthly basis, until a
reduction of waiver certificate is obtained.
d. Supplemental off-street parking spaces may be purchased for a fee, as set forth in
subsection 35-227(a)(3)(a)(i) or (ii) above, as may be applicable.
e. All payments set forth in this subsection (3) shall be inflation -adjusted once at the
end of each five year period, the first such adjustment shall 'commence on January 1, 2011,
reflecting the change from the prior year only, through the consumer price index -urban
consumers (CPI-U).
f. Payment of the fees set forth in subsection 35-227(a)(3)a, b, and d, hereinabove
shall permanently exempt the respective property from the corresponding parking requirement
for such use as specified in the certificate of waiver.
(4) Security deposit; fees. At time of execution of the waiver application, except for those
property owners participating in the installment payment agreement for permanent certificate of
waiver, the property owner shall provide the department with a security deposit or with a
performance bond in an amount sufficient to secure three months' payments under the waiver
application. All documentation, including the form of the security deposit and the performance
Submitted Into the public
3 _ record in connection with
item PZ. si on q -38-c(. 466640_1.doc
Priscilla A. Thompson
City Clerk
bond shall be subject to the approval of the city attorney as to form and correctness, and the
performance bond shall be subject to the review and approval of the city's risk manager. In the
event the property owner fails to make payments for a total of three consecutive months, the
property owner shall forfeit any right and interest to the security deposit or performance bond,
whichever may be applicable. Upon such default, the department shall retain the entire amount
of the security deposit or performance bond.
(5) Fees in section 35-227(a)(1) through (3) above shall be due and payable on the Is` of each
month (i.e. due date). Fees not received within 15 days of the due date shall be charged a late fee
of five percent of the amount due. Fees not received within 30 days of the due date shall be
charged interest at the rate of ten percent per annum calculated monthly on the unpaid balance,
including applicable late fees.
(6) The city shall grant parking credit for buildings built prior to 1960 that have been
demolished or may be demolished.
(7) Upon enactment of a city ordinance pursuant to F.S. § 166.271, authorizing the collection
and disbursement of parking surcharge fees for infrastructure and other purposes defined therein,
the Design DistrictTurpiovement Trust Fund wouldreceivethe--same percentage as derived from.
parking surcharge revenues from the Design District. Said distributions would be retained in a
separate account to be used exclusively for the purposes set forth in the ordinance governing the
use of parking surcharge funds.
(8) Fees generated by the use of Design District sidewalks for sidewalk cafes for the purpose
of contributing to the maintenance of the public sidewalks and infrastructure within those
sidewalks in the business district as defined herein.
(9) Funds budgeted for the maintenance and repair of all capital improvements within the
district as defined herein.
(10) Such other fees as may from time to time be authorized by the city commission.
Section 35-228 - 35-250. Reserved.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the 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 shall become effective thirty (30) days after final reading and.
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
-4-
Submitted Into the public
record in connection with
item Pi. -I on 1-i6-01.
Priscilla A. Thompson
City Clerk
466640 l .doc
CITY ATTORNEY
Footnotes:
{ 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.
Astericks indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the mayor
within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon
the effective date stated herein, whichever is later.
-5-
Submitted Into the public
record in connection with
item Pz.ai on q
Priscilla A. Thompson
City Clerk
466640_1.doc