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CAO 00-10 FROM: Murray Dubbin ~~ City Attorney ~1)~ Lawrence A~VY C). City Manag DECAL PARK I PROGRAM AT THE ISLAND VIEW/BARRY KUTUN BOAT RAMP PARKING LOT CITY OF MIAMI BEACH TRANSMITTAL FORM: REQUEST FOR LEGAL OPINION e{l{).:#- 00-(0 C.M.O. Number: 1-8/00 TO: DATE: August 16, 2000 SUBJECT: I am forwarding the attached memorandum to you for your handling. As indicated directly below, please respond to this office with a copy of your opinion to the department, when applicable. As soon as possible, please return the completed Legal Department Trans~ttal Form to this office. .- Thank you for your prompt attention to this matter. LAL:lcd .I~ Attachm~ F:\CMGR\$ALL\LISA\LEGAL.FRM\LEGAL-OP.FRM c: Mayra Diaz Buttacavoli Kevin Smith Jackie Gonzalez :., ::~ 0.. u.J ....... ~ -- ,-; (-. TO: Lawrence A.Levy City Manager DATE: October 18. 2000 FROM: Murray H. Dobbin City Attorney As per your request, attached is the Legal opinion you requested regarding the above- referenced subject. Attachment c: Mayra Diaz Buttacavoli Kevin Smith ..lioo...Q..;..... &..._...._ a ___ Saul Frances .. .!".. CITY OF MIAMI BEACH Office of the City Manager Interoffice Memorandum m , '"\ . ': ~. "f To: Murray Dubbin City Attorney Date: August l6, 2000 Via: From: Mayra Diaz Buttacavoli Assistant City Manager Subject: REQUEST FOR LEGAL OPINION - DECAL PARKING PROGRAi\1 AT THE ISLAND VIEWIBARRY KUTUN BOAT RAMP PARKING LOT Kevin Smith and Jackie Gonzalez are in the process of developing a plan of action for the development of a decal parking program at the Island View/ Barry Kutun Boat Ramp parking lot. In order for the plan to be completed, the Legal Department needs to first give a legal opinion on the following issues: 1. It has been determined the boat ramp was constructed with funding obtained from the State of Florida by Barry Kutun in 1986. Were the fimds contingent upon any terms and conditions that would require or prevent the control, decaling or closure of the site? 2. The decal program, if approved, it is proposed to cost $25.00 for a resident and $100 for a nonresident. Is this legally permissible? 3. Is it permissible to initiate a parking program that would enable the Parking Department to collect parking fees (via meters or otherwise) after 9:00 p.m., on the empty spaces not utilized by trailers? If the Legal Department opines yes to the above questions, the Parking Department will initiate the steps necessary to implement the parking decal program for the boat ramp. Signage will be developed and installed advising the users of the new regulations, and reinforcing no overnight parking of boat trailers. i I Your efforts in expediting this request will be sincerely appreciated. Thank you. MDB:lcd c: Kevin Smith Jackie Gonzalez F:ICMGIlISALI.\l.ISAILEOALIBOA TRMP.OPN 1'.t:'r!.1\ T ,...n~"'.~""'. ------