HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-01298
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION INITIATING CONFLICT
RESOLUTION PROCEDURES PROVIDED BY CHAPTER 164 FLORIDA
STATUTES, IN CONNECTION WITH MIAMI-DADE COUNTY'S REFUSAL TO PAY
PARKING SURCHARGE FEES TO THE CITY OF MIAMI, AS STATED HEREIN.
WHEREAS, the City of Miami ("City") has a valid parking surcharge applicable to all parking Tots
open to the public within the City;and
WHEREAS, the City has demanded payment of the parking surcharge from Miami -Dade County
("County") for parking garages controlled by it; and
WHEREAS, the County has refused to make any parking surcharge payments to the City; and
WHEREAS, the City Attorney, prior to filing a lawsuit against the County shall initiate the conflict
resolution procedures found in Chapter 164, Florida Statutes, via letter requesting that the conflict be
amicably resolved without invoking Chapter 164;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to the Resolution are adopted by
reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission hereby instructs the City Attorney to send written correspondence
to the County Attorney initiating the conflict resolution procedures pursuant to Chapter 164, Florida
Statutes, prior to initiating court proceedings.
Section 3. Pursuant to Section 35-342 of the Code of the City of Miami, the City imposes and
levies a surcharge on the sale, lease or rental of space at parking facilities in the City at the rate of 15
percent of the revenues derived from any fee, charge or exchange for the parking of a motor vehicle in
or on any parking facility in the City for which a fee, charge or exchange is made on an hourly, daily,
weekly, monthly, yearly, event, validation programs, valet or any other basis. Revenues received as
part of a daily, weekly, monthly, yearly, or event based rent without a separate parking fee designation
are also subject to this article.
Section 4. Pursuant to the Section 166.271, Florida Statutes, the City has been authorized to
establish and adopt this parking surcharge.
Section 5. The County operates parking facilities in the City. Those facilities are subject to this
parking surcharge, but the County has refused to make any payments to the City pursuant thereto.
City of Miami Page I of 2 Printed On: 11/9/2009
File Number. 09-01298
Section 6. The City intends to collect all parking surcharges due from the County and hereby
complies with Florida law before instituting suite against the County in Miami -Dade County Circuit
Court.
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effect immediately upon the override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 11/9/2009