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HomeMy WebLinkAboutO-086303/8/77 tMDINA»CE NO. AN 'ORDINANCE AMENDING SECTIONS 50-71 THROUGH SO-80 ET THE CODE OP THE CITY OP MIAMI, ?LORtNA, PROVIDING POR DOCKAGE PEES FOR SAILBOATS AT CITY MARINAS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INS0PAR 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 insti- tuted; and WHEREAS, it is desired that sailboat 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 OP MIAMI, FLORIDA: Section 1. Sections 50-71 through 50-80 of the Code of the City of Miami, Florida, are hereby amended in the following particulars:1 Section 50-71, DOCKAGE FEES - GENERAL INFORMATION - UTILITIES: (a) * * * * * * (b) In the application of the non-commercial dockage rates at Dinner Key Marina, Dinner Key Marina Annex, and Mtamarina, a twenty (20%) per cent 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 following, as required: a tax receipt in his name as owner of said real property or 4 voter's registration card or driver's license showing a City of Miami street address. Provision of the aforementioned proof of ownership 1/ Words stricken through shall be deleted. Wrderscorcd words QQnstitut ? the an►endment proposed. the remaining :provisions are now in effect and remain unchanged. or t►esidehee may be required ahnua Ily by the Marinas Manager, if` flee ted necessary and/or desirable, (c) Decka.ge fees at all City marinas are due and payable in advance. Month.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 shah be notified by mail, and if payment 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 11 the vessel is still occupying the berth, to impound the vessel in accordance with the procedure for impounding vessels as specified in Sections 50-41, 50-41.1 and 5041.2 of this Chapter. (d) The dockage rates at City marinas include water and electricity. Section 50-72. SAME MIAMARINA TELEPHONE SERVICE: The dockage rate at Mianarina includes telephone installation in telephone equipped berths. Outgoing local telephone calls to points outside the Miamarina complex will be charged at 25t 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 Bell 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 stall 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 tenants Section 50-75. SAM1 man H oX-OUP" PROGEDUR4: * * * * * * * * * * * * * * Section 50-76. SA? B `. tMOVALwOP SS tJSw WVTI DEI,INWENT CHARGES PAORISXTEb: * * * * * * * * * * * * * * Section 50-77. SAME - LIDN rOR UNPAID bbCKAGt•; 1•0$ * * * * * * * * * * * * * Section 50-7S. SAME - DINNER KRY MARINA AND DINNER KEY MARINA ANNEX DOCKAGE RATES: (a) The dockage rates at Dinner Aey 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 Jay of the -month fe*+ewzng-finab-adoption-of-this-erdineneey April, 1977 and shall thereafter 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 following adoption of the annual budget ordinance, The dockage rate may also be recomputed and levied, in accordance with the formula, at such other tunes as may be necessitated by (1) sale of revenue bonds for the improvement of Dinner Key Marina or Dinner Rey Marina Annt (2) expenditureof City funds on major maintenance for Dinner Key Marina or Dinner Key Marina Annex; so that the City may recover, from dockage rates, the funds required to retire these added financial obligations over a reasonable period of time. (1) ro a. Where: TC = Total Cost of operating Dinner Rey M ina and Dinner Rey Marina Annex. D ft Return on previously accomplished, non -bonded, Capital Improvements. M = Return on Major Maintenance cost. 0 = Direct Cost of operations. Indirect cost of operations. L = Return on Land Investment. R = 'Reserve for Improvements P ft Annual cost of an insurance premium for protection against hurricane damage. T = Transient Income. b. 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 $9,720 0 O $251,541 1 • $103,844 L 0 $1500000 • = $15,000 T ($75,0o0) TC $455,105 (Discounts not considered). c. There are two classes of slips based on whether live -aboard is permitted or not permitted. There will be a differenttal between these gasses baste upon the differenal in services and amenities provided for each class of slips d, Mara are 7,840 feet of dockage space at ginner Rey Marina and Dinner Rey Marina Annex classified as "Class 8", and l0,30 feet classified as "Mass PI for a total of 18, 00'S feet. . _ Of the 7,840 feet of :dockage n acea►inner toy Marina and Dinner Re Marina Annear classified as "Class V , there are 8w00 feempf dockase stace which is leased to sailboat rental concessionaires. i ne to the_ "p_ubl c service° nature cif the use of these alis, the docks a rates for sailboat rental ..concesnjbnaires shall.,, be lass than thosa charged other _ commercial .vessels,. (2) 'ormula Use To determine the appropriate rental charge for Dinner Key Marina and Dinner Key Marina Annex, based on total cost, the following formulas apply. The formula herein shown is an example based on the 1976-77 budget. a. Class A $455,105 X .73 (Class A differential factor) _ $332,227 $332,227 s 10,365' s 360 _ $.089/ft/day Class A b. Class B (by berth size) B4-$1227649 $455,105 X .241 (Class B differential factor) = $109,730 $4R2784$-4- ,.6401-=-a6g-=-4.,A460t/day/ -Glass-s- $109,730 4 6,840' 4 360 = $.045/ft/day Class B (by berth size) c. Sailboat Concessions $455,105 X .029 (Sailboat differential factor = $13 200 20 slips X $31.00 ,per slip (rate set by Commission Action)_ $7f440 Note; Rental amount waived by City due to °public service"(nature of sailboat rental -concessions = ,$5s 760. LBO 301 b. ., B'Head & Pier 1 351 D,K., Pier 4 401 D.K., Pier 1 30' Annex 35' Annex 40' Annex; 50' Annex 65' Annex Class A 40' D.K., Piers 3 & 4, Pier 1 inside "T" Head 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 Sailboat Rental Concession Slips 40' D.K., B'Head Slips 64 thru 83 (4) Dockage Rates by Slip Size Class B Class A Slip Size Current Proposed Current Proposed 30' $ 24.75 $40.00 none none 35' $ 30.00 $45.00 none none 40' $ 41.25 $55,00 $ 49.50 $105.00 45' none none $ 57.75 $120.00 50' $ 66.00 $70.Oo $ 66.00 $135.00 65' $115.50 $90.00 $115,50 $175.00 80' none none $148, 50 $215, 00 $5' none nave $165,00 $225,00 (b) The dockage rates at Dinner Key Marina and Dinner Key Marina Annex, for transient vessels, shall be a net rate of POC per foot per day, based on overall size of boat, `( ) Dinner Rey Purim mmercial sii'ps numbered 64 through gg shall be available for °enta1 to commercial vessels, or shrimp fishing vessels, on the basis of individual dockage agreements for each slips Tbe-deekage.rate.fer-thess-stips-shait-be.ealesisted-eti-the base new. eammere ai-sen-& eye-aboard-gate-sMews-abeve-fir-491.-skkperlkes-a-f9W meanmereisi-Vss's-fea•Mhieh-shati-be-assessed-ire-teeegektken-ef-tine-feet- y that-eemmere*aE-ese-ef-these-slips-amaents-te-a-ieese-ef-etty-preperty- se-that-the-t+asset-eaft-eendetet-a-prefkt-making-bdsisses-endeat+ert--Mks te-aeammere+a*-t sea- ee-ehat -bye-appikee-to-eke-base-nenmeemmereiai ream-i a r-aboard-rate-errs-the-bas e-of-5t-per-year-fir-the-isktkai-feetr years-ef-the-appi featien-ef-th4e-fermetia-set-that-tire-app&keatien-af-tire fee-shah-be-implementee-gradtaily-rather-than-tetali y-applied-in-the first-►e&rr Dockage„ rates at Dinner wXey_ Maria$, _for.. commercial _vessels, shall be as follows: Sailboat rental concession .slips $31.00 per month. Charter . fishing vessels 105% of the calendar year 1977 base non-commercial non live -aboard rate for 40' slipst110% of the 1976 same base in 1978; and 115% of the 1979 same base in 1979; and 120% of the 1980 and subsequent same bases in 1980 and subsequent years. Bait shrimp fishing vessels Same as for Charter fishing vessels. If there is inadequate demands for use of these purposes, the City reserves the right to rent t commercial vessel dockage. (d) Dockage of vessels alongside slips for commercial hese slips for non - the bulkhead Northwest of .slip number 99, at the Southwesternmost corner of the shall not be permitted. Section 50-79. SAME - MIAMARINA RATES: * * * * * * * * * * * * * * * Dinner Key Marina, Section 50-80. SAME-WATSON ISLAND MARINA RATES * * * * * * * * * * * * * * * Snction 2, Ali ordi ances, code secti n , or par a thereof in enf1iet her with 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 uncon- stitutional, 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 unconstitutional, invalid, or inoperative part herein; 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 tY TITLE ONLY this 16th day of March 1977. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th March day of , 1977. MAURICE A FERRE PREPARED AND APPROVED BY: rildtit VI 4C Robert F. Clark, Assistant City Attorney APPRO TO FORM AND CORRECTNESS; Geor F. Kn Jr., C t Mil PriteW AND SAIL, MUM PrthiattedI1,ll mem loot* ftbilfla nM tritni lifidgri, bee to*, Melia Vet Ot 'WM =NM St DAM Iffe Utlt 1111Trar erIM Oft or tale int ta 45heriet theeklifrit Fitz a eints,.0“ttam " rn Mrs teii-Wfierfiears"'ffiiii-ihaVitaleste.„ret hii e, OfteilliellP lirMarg?1 Leal Affireftisernint of Witte n1 City of Molt 'Florida Rat ORDINANCE NO. 8630 in the XXX COOL was published Hi said fleivapaper in the iamb of March 29 1977 • Affiant_further tall that the said Miami Pavia* and Daily Record IS•hevripaper published at MIAMI, in bald Dade Cisunty, Florida, and that tho said news• paper_ has heretofore been continuously published, In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been 0%1'0 at siteiblid blase Mail Matter at the past Wide in MUM, rn bald Dade County. Florida for a period of one year Met preceding the first publication of the attached copy of advaniservient) and affiant faithet aays that she hat neither paid nor promised any person, firm or corporation any dlat6Unt, rebate, tishiinlialon or refund for the purpose of securing this advertisement for publication in the said foreshow. an t re* .2 . �btNotary PublitliEl • • d Wove me this ig 77. lops at Large. tit% t* MIAMI, MAIIM IMI1ftte VIAYMMA iEttlAt,tWtt All ititeteatod hill Mice tinifee 0,0 tin the fith day of Mitt+, 1011 the City tomoilasion of Miami, Plortilla ittlopted the folloatthe titled Ortittlittert ottiANANC8 NO. 8640 AN OttbINANCk AMMDINti SP: 0,4t 11041 THROthrlit 8040 Or 11-114 CObr ote 'rth pr letaott. Prtormt/sui ?Olt 1)0CRAtik rEkft ?OR SAIL. SOATS At ell'? MARINAS: ittliNALINd ALL ORM& NANCE:S. cook Art"ittOlgft OR PARTS TlitfltsIOP tN coNPLIct INS0PAR AS tfIrS .1ttk coNPLIct; AND PItos,11.4teit4ffitiV4HIA4441/14-V-i.HOVISteriol--,'-' ftAtM4 ef. ONCItt cLtirtX MTV ota M1.1Mt, let cIRIOA Putoipailon or this notive on the go day at Mat 1911'. 0i20 NI 01022 Of; • „.• o' to Ze.,seph R. drassie City raEr A , D1rc,ct(1.4 Eepat4tment ot 4 c :ubli1aci1itio3 4 • viz.,dr. (I lit, Atendent to Ordinance Vos 8614 t'e cloct4:az fZ3 at City f=ta rid A , On February 10, 19/7 the City ettmission passed and adopted Ordinance No. 8614, which increased dockage rates at City Marinas. At the same meeting, the City Commission also authorited and instructed the City Attorne:! to ;Depart an amendment to Ordinance No. 8614 to adjust tne dockage rat t increase for the commercial sailboat o:)erations at Dinner Key to reflect a 1CO% increase, and till:: any differences bf,t, absorbed by the City as a reduction in revenue in liel of such dirferences beir!g passed on to the other te...ants st Olvner Key :.a.ritta. Tilt:: subject amendment to Ordinan 86/4 acoomplithesth o the City Comnission an.z! thit „epartment roconneftls itt apttrovP.1. 40. fr -0 4 f• i*4 t flOAt, NOT iCi All interested will take notice the t on the 24th day of March, 1977 the City Commission of Miami, Pleride adopted the following titled Ordinance: 012I INANCS NO. 863d AN ORDINANCE AMENDING SECTIONS SO-71 THROUGH 50..80 OP THE CODE OF THE CITY OP MIAMI, FLORIDA, PROVIDING ?t3R DOCKAGE PEES ?012 SAIL BOATS AT CITY MARINAS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND PROVIDING A SEV 12ASILIT? PROVISION. • RALPH G. ONGIE CITY CLERK CITY OF !4IAMI,FLORIDA • 1 1