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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #7819 Date: 08/28/2020 Commission Meeting Date: 09/24/2020 Type: Ordinance Subject: Amend Code - End Tolling and Suspend Deadlines Purpose of Item: Requesting Department: City Manager's Office Sponsored By: District Impacted: All Repealing the Emergency Ordinance on Tolling (13902) that was adopted on May 28, 2020. Any time periods and deadlines that were tolled and/or suspended as a result of the Tolling Ordinance shall resume upon the date of the adoption of this amendment. Background Information: On May 28, 2020, Ordinance No. 13902 ("Tolling Ordinance") was adopted by the City Commission tolling and suspending all applicable deadlines and time periods prescribed by the Code of the City of Miami, Florida, as amended, Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, and Resolution No. R-2- 0015; and when the Tolling Ordinance was originally adopted, most City facilities had been shut down, public hearings had been cancelled, and routine City business was significantly curtailed; and Since the adoption of the Tolling Ordinance, the City has been able to conduct the majority of its business remotely, conduct meetings virtually, and otherwise address the concerns originally raised by the Tolling Ordinance; and, the effects of COVID-19 have also significantly improved including improvements in hospitalizations and positivity rates. Due to improved conditions, the necessity to begin recovery efforts, and the City's ability to reopen business, the tolling and suspension of deadlines is no longer necessary. Any time periods and deadlines that were tolled and/or suspended as a result of the Tolling Ordinance will now be back in effect as of the adoption and effective date of this Ordinance; Budget Impact Analysis Item is NOT funded by Bonds Item is NOT Related to Revenue Item has NO budget impact Total Fiscal Impact: City of Miami File ID: 7819 (Revision:) Printed On: 5/6/2025 N/A City Manager's Office Office of Management and Budget Office of Management and Budget Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Arthur Noriega V Aniska Elliott Christopher M Rose Valentin J Alvarez George K. Wysong III Barnaby L. Min Victoria Mendez Todd B. Hannon Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office City Manager Review Budget Analyst Review Budget Analyst Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 08/31/2020 11:40 AM 08/31/2020 11:59 AM 08/31/2020 12:43 PM 08/31/2020 12:51 PM 08/31/2020 6:35 PM 08/31/2020 6:42 PM 08/31/2020 9:01 PM 09/10/2020 9:00 AM 09/24/2020 9:00 AM 09/24/2020 11:18 PM 09/24/2020 11:19 PM 09/24/2020 11:19 PM City of Miami File ID: 7819 (Revision:) Printed On: 5/6/2025 City of Miami Legislation Ordinance Enactment Number:13921 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7819 Final Action Date: 9/24/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING EMERGENCY ORDINANCE NO. 13902 ("TOLLING ORDINANCE") TO END THE TOLLING AND SUSPENSION OF APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND RESOLUTION NO. R-20-0015, ADOPTED ON JANUARY 23, 2020 RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE THAT WERE PREVIOUSLY SUSPENDED BY THE ADOPTION OF THE EMERGENCY TOLLING ORDINANCE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes, Mayor Francis X. Suarez ("Mayor") of the City of Miami ("City") declared, on March 12, 2020, that a State of Local Emergency existed within the City in response to the Novel Coronavirus ("COVID-19"); and WHEREAS, since March 17, 2020, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes, the Mayor has extended the State of Local Emergency for additional seven (7) day periods; and WHEREAS, the effects of COVID-19 continue to require extraordinary and immediate actions by the City in order to protect the public's health, safety, and welfare; and WHEREAS, on May 28, 2020, Ordinance No. 13902 ("Tolling Ordinance") was adopted as an emergency by the City Commission tolling and suspending all applicable deadlines and time periods prescribed by the Code of the City of Miami, Florida, as amended ("City Code"); Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (Miami 21 Code"); and Resolution No. R-20-0015 adopted on January 23, 2020; and WHEREAS, when the emergency Tolling Ordinance was originally adopted, most City facilities had been shut down, public hearings had been cancelled, and routine City business was significantly curtailed; and WHEREAS, since the adoption of the emergency Tolling Ordinance, the City has been able to conduct the majority of its business remotely, conduct meetings virtually, and otherwise address the concerns originally raised by the Tolling Ordinance; and WHEREAS, the effects of COVID-19 have also significantly improved including improvements in hospitalizations and positivity rates; and WHEREAS, due to improved conditions, the necessity to begin recovery efforts, and the City's ability to reopen business, the necessity for the tolling and suspension of deadlines is no longer necessary; and City of Miami File ID: 7819 (Revision:) Printed On: 5/6/2025 WHEREAS, the City Commission finds it appropriate at this time to hereby amend the Tolling Ordinance and abate the tolling and suspension of applicable deadlines and time periods prescribed in the City Code, the Miami 21 Code, and Resolution No. R-20-0015; and WHEREAS, any time periods and deadlines that were tolled and/or suspended as a result of the emergency Tolling Ordinance will now be back in effect as of the effective date of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby amends emergency Ordinance No. 13902 in order to end the suspension and tolling of all applicable deadlines and time periods prescribed in the City Code, the Miami 21 Code, and Resolution No. R-20-0015. Section 3. Upon the adoption of this amendment, all such deadlines and time periods shall apply to any new matter or item. Section 4. All deadlines and time periods for any matter or item that was previously suspended by the Tolling Ordinance shall resume upon the date of the adoption of this amendment. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 8/31/2020 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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. City of Miami File ID: 7819 (Revision:) Printed On: 5/6/2025