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2014-28854 Reso RESOLUTION NO. 2014-28854 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2012-28041 WHICH ADOPTED ADMINISTRATIVE RULES FOR CHAPTER 70, ARTICLE II, DIVISION 2 OF MIAMI BEACH CITY CODE ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN- LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," DUE TO THE ADOPTION OF SAID ADMINISTRATIVE RULES WITHIN THE CITY CODE PURSUANT TO ORDINANCE NO. 2014-3883. WHEREAS, on October 24, 2012, the Miami Beach City Commission adopted Resolution No. 2012-28041 which established Administrative Rules regarding a) the responsibilities of persons and business entities providing rentals, leases, and/or tours of electric personal assistive mobility devices and b) the responsibilities of persons operating electric personal assistive mobility devices; and WHEREAS, on July 23, 2014, the Miami Beach City Commission adopted Ordinance No. 2014-3883 which revised and incorporated the Administrative Rules within Division 2 of Article II of Chapter 70 of the Miami Beach City Code, entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating and Motorized Means of Transportation," thereby superseding the provisions in Resolution No. 2012-28041. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that due to the adoption of Ordinance No. 2014-3883 on July 23, 2014, that incorporated the Administrative Rules within the City Code, Resolution No. 2012-28041 is hereby repealed in its entirety. PASSED AND ADOPTED this q day of November, 2014. ATTEST: i r Philip Levin C<** Rafael E.Abranadb, City C INCORP ORA I EC" APPROVED AS TO FORM & LANGUAGE & FOR EX CUTION City Attorney Date F:\ATTO\TURN\RESOS\Repealing Resolution 2012-28041.docx ,�'J MIA.MIBEACH OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Philip Levine Members of the City Commission City Manager Jimmy Morales FROM: City Attorney Raul J. Aguil DATE: November 19, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO. 2012-28041 WHICH ADOPTED ADMINISTRATIVE RULES FOR CHAPTER 70, ARTICLE II, DIVISION 2 OF MIAMI BEACH CITY CODE ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," DUE TO THE ADOPTION OF SAID ADMINISTRATIVE RULES WITHIN THE CITY CODE PURSUANT TO ORDINANCE NO. 2014-3883. The attached Resolution repeals a prior Commission Resolution adopted in 2012 which established Administrative Rules for electric personal assistive mobility devices. Subsequent to the passage of Resolution No. 2012-28041, amendments were made to Chapter 70 of the City Code which, among other things, incorporated the Administrative Rules into the City Code and established regulations for a) persons operating electric personal assistive mobility devices and b) persons and businesses providing rentals, leases and/or tours of electric personal assistive mobility devices. Therefore, as the provisions which were initially established in Resolution No. 2012-28041 have now been incorporated within the City Code pursuant to Ordinance No. 2014- 3883, and as such regulations have been subsequently amended and may be amended in future, Resolution No. 2012-28041 should be repealed in its entirety. F:WTTO\TURN\COMMMEMO\Repealing Resolution No.2012-28041 Agenda Item -7 V Date 11-11-19