HomeMy WebLinkAboutItem #75 - First Reading OrdinanceRFC/f1
12/10/i
ORtiINANCE NO.
AN ORbINANCE REPEALING SECTIONS 50-16A,
58-.39A, 50-39.1A, 50-62A, 50-93A, AND
50-94A, OF THE CODE OF THE CITY OF MIAMI,
'LORIDA, AS AMENDED; FURTHER AMENDING
CHAPTER 50 OF SAID CODE BY ADDING SECTIONS
50-71 THROUGH 50-80 THEREIN, PROVIDING FOR
DOCKAGE FEES AT CITY MARINAS AND FOR RULES
AND REGULATIONS AS TO THE USE OF UTILITIES;
PROVIDING AN EFFECTIVE DATE; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT;
AND PROVIDING A SEVERABILITY PROVISION.
WHEREAS, a review of dockage rates at City of Miami
Marinas indicates that there has been only one modest dockage
rate increase over the past seventeen years; and
WHEREAS, the cost of operation of City marinas has risen
dramatically over these seventeen years, in an amount which far
exceeds the amount of the one dockage rate increase which was
instituted; and
WHEREAS, it is desired that dockage rates at City marinas
be comparable to those of other full -service marinas in the
local area;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Sections 50-16A, 50-39A, 50-39.1A, 50-62A,
50-93A and 50-94A, of the Code of the City of Miami, Florida,
are hereby repealed in their entirety, and Sections 50-71
through 50-80 are hereby added to said Code, reading as follows;
t on 56. 01 bOCkACt Pits - GENnAt
INPORMATIOU UTILITIES:
(a) All City marina dockage revenue which is in excess
tiVer Marina Capital Investment Costs and the direct and indirect
'.eoats of operation of marinas shall only be used for marina
modernization, marina expansion, or upland development which is
Of a public nature and which provides benefit to the marine -
Oriented residents and/or taxpayers of the City.
(b) In the application of the non-commercial dockage rates
at Dinner Key Marina Annex and Miamarina, a twenty (200) percent
discount will be given to non-commercial tenants whose signatures
appear on the Dockage Agreement, and who can provide satisfactory
proof of either ownership of or residence at Real Property on
which City of Miami property taxes are paid. In support of claim
for this discount, a tenant may present one or more of the follow-
ing, as required: a tax receipt in his name as owner of said real
property or a voter's registration card or driver's license showing
a City of Miami street address. Provision of the aforementioned
proof of ownership or residence may be required annually by the
Marinas Manager, if deemed necessary and/or desirable.
(c) Dockage fees at all City marinas are due and payable
in advance. Monthly dockage fees, based on a 30-day month, are
due and payable in advance on the first day of each month and
shall be considered delinquent if not paid on or before the tenth
of the month. Tenants who are delinquent for a period of ten days
in payment of dockage fees shall be notified by mail, and if pay-
ment is not made within an additional fifteen days, the City shall
have the right to revoke his Dockage Agreement, Lease Agreement,
Certificate of Convenience and Necessity, or other pertinent
documents, and to reassign the berth, and if the vessel is still
occupying the berth, to impound the vessel in accordance with the
procedure for impounding vessels as specified in Sections 50-4.,
50,41.1 and 50.41.2 of this Chapter,
The dockage rates at City mArin&a include Water and
Ctricity.
Section 50-72. SAME - MIAMARINA TELEPHONE SERVICE:
The dockage rate at Miamarina includes telephone installation
in telephone equipped berths. Outgoing local telephone calls to
points outside the Miamarina complex will be charged at 250 per
Call. Long distance calls are charged at rates established by
Southern Bell Telephone and Telegraph Company for such calls.
Section 50-73. SAME - DINNER KEY MARINA TELEPHONE SERVICE:
Telephone installation and service at Dinner Key Marina is
individually arranged between the vessel owners and the Southern
Sell Telephone and Telegraph Company.
Section 50-74. SAME - DOCKAGE FEE FOR ADDITIONAL VESSELS:
Tenants who have leased a berth of sufficient size may be
authorized by the Marinas Manager, and a pier agreement may be
completed, to permit them to berth one additional vessel, solely
owned by them, in their assigned berth without additional charge.
Such vessel shall not be used for habitation or storage. For
the purposes of this section, such vessel shall.not be considered
a dinghy, and shall be a vessel too large to be ordinarily stored
aboard the primary vessel and which, therefore, due to its size,
must be stored in the waters of the primary vessel's berth. No
part of either vessel may protrude beyond the physical limits of
the assigned berth. The City shall not berth any vessel alongside
or in the same berth with another vessel without the permission
of the occupying tenant.
Section 50-75. SAME - VESSEL CHECK-OUT PROCEDURE:
Tenants checking out of the marinas shall report to the Dock
Office and pay their accounts prior to leaving. Check-out time
oha11 be 3:00 P.M. Boats occupying a berth after 3:00 P.M, shall
be charged dockage for that night.
SAME - AEMOVAL OF VESSELS WITH
DELINQUENT CHARGES PROHIBITED:
t.ghall be unlawful for the owner, operator or person in
Charge of any vessel to remove such vessel from City property
Without first making payment of all delinquent charges, when
such vessel has a delinquency in its dockage account. The owner,
Operator or person in charge of such vessel shall be responsible
for compliance with this Section.
Section 50-77. SAME - LIEN FOR UNPAID DOCKAGE FEES:
The City shall have a lien against vessels, their appurten-
ances and contents, for unpaid sums due or services due or for
damage caused to any docks or property of the City.
Section 50-78. SAME - DINNER KEY MARINA AND DINNER KEY
MARINA ANNEX DOCKAGE RATES:
(a) The dockage rates at Dinner Key Marina and Dinner Key
Marina Annex, for private vessels, shall be annually computed and
applied in accordance with the following formula. The rates thus
generated shall be computed to a monthly rate, based on a 30-day
month, and the said monthly rate shall then be rounded to the
nearest $5.00 figure to achieve the actual monthly dockage fee
amount. The dockage rates thus generated shall be levied on the
first day of the month following final adoption of this ordinance,
shall be recomputed between October 1 and December 31 of each
year utilizing new budget data for that budget year, and shall be
levied each subsequent year on the first day of January next follow-
ing adoption of the annual budget ordinance. The dockage rate may
also be recomputed and levied, in accordance with the formula, at
such other times as may be necessitated by (1) sale of revenue
bonds for the improvement of Dinner Key Marina or Dinner Key Marina
Annex, or (2) expenditure of City funds on major maintenance for
Dinner Key Marina or Dinner Key Marina Annex; so that the City may
recover, from dockage rate5, the funds required to retire these
4dded financial obligations over a reasonable period of time.
t*nui4
b + M + 0
as Where:
'C Total Cost of operating Dinner Key Marina
and Dinner Key Marina Annex.
= Return on previously accomplished,
non -bonded, Capital Improvements.
= Return on Major Maintenance cost.
= Direct Cost of operations.
= Indirect cost of operations.
= Return on Land Investment.
= Bonded Debt retirement and interest
requirement. (Calculated at the standard
Debt Service Ratio of earnings which must
be 150% of requirement) .
= Annual cost of an insurance premium for
protection against hurricane damage.
= Transient Income.
Utilizing figures from the adopted 1976-77
City budget and other City financial records,
the value of the factors listed in a. (above)
are as follows:
D = $24,640
M = 0
0 = $351,855
= $32,593
= $4,725
= $105,000 (1st 1/3 of 1st year's Bonded Debt
Retirement requirement of
$315,000 incorporated at ordinance
adoption).
:$15,000
g ($75,000)
$458,813
$284,444
$174,369
e'. ago two classes of slips baud on whether
I've aboard is permitted or not permitted.
There Will be a differential between these
classes based upon their respective consumption
rates of electricity and water.
There are 7,640 feet of dockage space at Dinner
Key Marina and Annex classified as "non live -
aboard", and 10,365 feet classified as "live -
aboard"; for a total of 18,005 feet.
Formula Use
To determine the appropriate rental charge for Dinner
Key Marina and Annex, based on total cost, the follow-
ing formulas apply. The formula herein shown is an
example based on the 1976-77 budget.
a. Live Aboard
D
M
0
I
L
B
P
T
$24,640
0
222,871
32,593
4,725
105,000
15,000
75,000
• 18005'
NA
NA
• 18005'
18005'
• 18005'
18005'
i 18005'
Non Live -Aboard
= 1.3685087 x 10,365' = 14,184.59
0.00
222,871.00
= 1.8102193 x 10,365' = 18,762.92
= 0.2624271 x 10,365' = 2,720.06
= 5.8317134 x 10,365' = 60,445.71
= 0.8331019 x 10,365' = 8,635.10
= 4.1655095 x 10,365'=(43,175.50)
Total Live Aboard Share = $284,443.88
D $24,640 : 18005' = 1.3685087 x 7640'
M 0 NA
O 128,984 NA
I 32,593 18005' = 1.8102193 x 7640'
L 4,725 18005' = 0.2624271 x 7640'
B 105,000 4 18005' = 5.8317134 x 7640'
P 15,000 18005' = 0.8331019 x 7640'
T 75,000 18005' = 4.1655095 x 7640'
Total Non Live -Aboard Share
= 10,455.41
0.00
128,984.00
= 13,830.08
= 2,004.94
= 44,554.29
= 6,364.00
=(31,824.49)
= $174,369.13
10,365' 360 = $.076/ft./day live aboard (berth size)
7,640' ,t 360 = $.063/ft./day non live aboard (berth size)
• $.013/ft./day : $.063 = 20.6% differential
- 6
(4)
i;e...Setth Location
"Non live -aboard"
30' WHead & Pier 1
351 beX., Pier 4
40' b.X., Pier 1
30' Annex
351 Annex
401 Annex
501 Annex
65' Annex
"Live -aboard"
40 D.X., Piers 3 & 4, Pier 1
45' D.K., Pier 3
50' D.K. Piers 2 & 5
65' D.K., Piers 2 & 5
80' D.K., Pier 5
85' D.K., Pier 2
45' D.K., "T" Heads 1, 3 & 4
85' D.K., "T" Heads 2 & 5
Dockage Rates by Slip Size
Non -Live Aboard
1
Live Aboard
Slip Size Current Proposed Current Proposed
30' $24.75 $55.00 None None
35' $30.00 $65.00 None None
40' $41.25 $75.00 $49.50 $90.00
5' None None $57.75 $105.00
$66.00 $95.00 $66.00 $115.00
$115,50 $125.00 $115.50 $150.00
01 None None $148.50 $180,00
5' None None $165.00 $195,00
tb) The dockage rates at bihner Key Marina and binnef Mey
Marina Annex, for transient vessels, shall be a flat Pate of
2b per foot per day, based on overall size of boat.
(C) Dinner Key Marina commercial slips numbered 64 thru 99
Shall be available for rental to commercial vessels, or shrimp
fishing vessels, on the basis of individual dockage agreements
for each slip. The dockage rate for these slips shall be calcu-
lated at the base non-commercial non live -aboard rate shown above
for 40' slips, plus a 20% "Commercial Use" fee which shall be
assessed in recognition of the fact that commercial use of these
slips amounts to a lease of City property so that the Lessee can
conduct a profit -making business endeavor. If there is inadequate
demands for use of these slips for commercial purposes, the City
reserves the right to rent these slips for non-commercial vessel
dockage.
(d) Dockage of vessels alongside the bulkhead Northwest of
slip number 99, at the Southwesternmost corner of the Dinner Key
Marina, shall not be permitted.
Section 50-79. SAME - MIAMARINA RATES:
(a) The dockage rates at Miamarina, for boats not used
commercially, shall be as follows:
Transient - 200 per foot per day, based on overall size of boat.
Long Term
(30 days or more, payable monthly in advance)
Alongside or berths with finger piers -
13¢ per foot per day, based on overall size
berth (minimum $3.90 per day)
Bulkhead berths - no living aboard
8¢ per foot per day, based on overall size of
berth (minimum $2.40 per day)
(b) Dockage rates at Miarmarina, for commercial vessels,
11, be as follows:
Charter fishing vessels $ 82.50 per mo,
Drift fishing vessels $165.00 per mo,
Sightseeing boats
Chatter sailboats
Charter sailboats
(pers D,E,', Of d)
Other commercial vessels
$ 2.20 per seat peg MO.
$ 82.50 per mo.
$110.00 per mo.
$110.00, unless fi#ed
otherwise by the City
Commission.
gedtion 50-80 SAME - ;7TSON ISLAND MARINA RATES
(a) The Watson Island Marina facility will be closed
January 1, 1977. Subsequent to that time, the tenants may remain
On a month -to -month basis, subject to 60 days notice of termination
Of Dockage Agreement, and the dockage fees will remain as they
been, which is as follows:
(b) Dockage fees at Watson Island Marina for all vessels
are as follows:
Berths 1 through
Berths 27
Berths 31
Berths 44
26 (40')
30 (60')
43 (60')
47 (alongside)
have
$2.00 per day or $36 per mo.
$3.00 per day or $48 per mo.
$2.50 per day or $42 per mo.
$ .08 per ft. per day or
$ .065 per ft. daily per mo.
Section 2. All ordinances, code sections, or parts
ereof in conflict herewith are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or word of this Ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this Ordinance, and
it shall be construed to have been the intent of the Commission
of the City of Miami to pass this Ordinance without such unconsti-
tutional, invalid, or inoperative part therein; and the remainder
of this Ordinance, after the exclusion of such part or parts,
shall be deemed and held to be valid as if such parts had not
been included therein.
pASSED ON FIRST READING BY TITLE ONLY this
X
MEM
MINC
4
PASSED AND ADOPTED ON SECOND AND PINAt MI5=
f LE ONLY this day of
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APP D AS TO FORM AND CORRECTNESS:
GE F. K X, JR.
CITY ATTOR
M A -0 R
MEINf
MliMX
071111L