2001-3331 ORD
ORDINANCE NO 2001-3331
AN EMERGENCY ORDINANCE BY 5/7THS VOTE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, DECLARING A PUBLIC EMERGENCY
THAT NEGATIVELY AFFECTS PROPERTY OF THE
TOURISM INDUSTRY OF THE CITY AND CITIZENS OF
MIAMI BEACH AS A WHOLE, AMENDING MIAMI BEACH
CITY CODE CHAPTER 106 ENTITLED "TRAFFIC AND
VEHICLES", ARTICLE II THEREOF ENTITLED "METERED
PARKING", DIVISION I THEREOF ENTITLED
"GENERALLY", SECTION 106-55 THEREOF, CREATING
SUBSECTION "M" ENTITLED "TIME-CERTAIN PARTIAL
WAIVER OF PARKING COSTS", AUTHORIZING PARKING
AT NO COST FOR THE FIRST HOUR AT THE CITY'S 7TH
STREET, 17TH STREET, AND 42ND STREET GARAGES,
AUTHORIZING A $1.00 REDUCTION OFF THE FLAT
PARKING RATE AT THE 12TH STREET AND 13TH STREET
GARAGES; AUTHORIZING A TWENTY PERCENT (20%)
DISCOUNT FROM THE FACE VALUE OF PARKING METER
SMART CARDS (DEBIT CARDS) FOR A PERIOD OF 44
DAYS FROM OCTOBER 18, 2001 TO DECEMBER 1, 2001;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXTEND SAID COST REDUCTION PERIODS BY AN
ADDITIONAL PERIOD NOT TO EXCEED 90 DAYS FROM
DECEMBER 1, 2001 IF DEEMED NECESSARY BY THE
CITY MANAGER, WITHOUT ANY FURTHER ACTION BY
THE MAYOR AND CITY COMMISSION; PROVIDING
REPEALER, SEVERABILITY, CODIFICATION, EFFECTIVE
DATE, AND SUNSET PROVISION.
WHEREAS, the devastating events of September 11, 2001 have resulted in a
public emergency that has negatively affected property of the tourism industry in the City
and citizens of Miami Beach as a whole -- the City of Miami Beach and its tourist-related
industries and resident businesses have thus adversely impacted and to this end, various
regional efforts are being implemented such as the Greater Miami Chamber of
Commerce's (GMCC) Economic Generation and Recovery Task Force and a tourism
marketing campaign initiated by the Greater Miami Convention and Visitors Bureau
(GMCVB); and
WHEREAS, in an effort to be responsive and supportive of our local commercial
businesses, the City has evaluated a variety of additional measures that will provide
temporary relief while confidence is restored in the economy and the tourism industry; and
WHEREAS, these initiatives include a deferral of business related fees, reduced
parking and transportation costs, a contribution to the GMCVB "What Makes You Happy"
marketing campaign (geared to reactivate tourism in the City) and financial and logistical
support for a City-produced, in conjunction with Ocean Drive Association, special event;
and
WHEREAS, the aforementioned initiatives and proposed policy recommendations,
assisting in part the local business sector and visitors to our community, are authorized as
emergency economic revitalization relief pursuant to Section 2.05 of the City Charter,
which section requires that a declaration of public emergency exists negatively affecting
property; and
WHEREAS, it is further recommended that the Mayor and City Commission
amend City Code Section 106-55 in order to authorize (1) parking at no cost for the first
hour at the City's 7th Street, 17th Street, and 42nd Street garages; (2) a $1.00 reduction
off the flat parking rate at the 12th Street and 13th Street garages, and (3) a twenty percent
(20%) discount from the face value of Parking Meter Smart (Debit) Cards for a period of
44 days from October 18, 2001 to December 1, 2001; and
WHEREAS, in light of the City's expressed need to change the behavioral pattem
of the City's residents and visitors to focus on increased off-street parking vs. on-street
parking (that should service short-term transient cars) the proposed initiative is consistent
with these proposed behavioral modifications the City is desirous of achieving; and
WHEREAS, the City has consistently emphasized the need to change the
behavioral pattern of the City's residents and visitors to focus on increased off-street
parking vs. on-street parking, that should service short-term transient cars, and the
proposed initiative is consistent with these proposed behavioral modifications the City is
desirous of achieving; and
WHEREAS, given the need to change parking behavioral patterns, on October 1,
2001, the City of Miami Beach Transportation and Parking Committee (T & P) unanimously
recommended in favor of implementing the first hour at no cost.
WHEREAS, although the parking system revenues are pledged to service the
outstanding debt and the Bond Covenants, Section 710, provides for "No Free Parking"
within the parking system, the City will pay to the Parking Enterprise Fund the revenues
which otherwise would have been collected from users of the garages, thus resulting in a
situation whereby this temporary economic relief measure will have no negative financial
impact on the Parking Enterprise Fund.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Miami Beach City Code Chapter 106 entitled "Traffic and Vehicles", Article
II thereof entitled "Metered Parking", Division I thereof entitled "Generally", Section 106-55,
is hereby amended by the creation of the following subsection (M) reading as follows:
Sec. 106-55 (M): "Time-Certain Partial Waiver of Parkina Costs"
In view of the public emeraencv affectina property of the tourism industry of the City as well
as citizens of Miami Beach as a whole. parkina at no cost for the first hour at the Citv's 7'"
Street. 17th Street. and 42nd Street oaraoes is authorized. includino a $1.00 reduction off
the flat parkino rate at the 12th Street and 13th Street oaraoes. as well as a twenty percent
(20%) discount from the face value of ParkinQ Meter Smart (Debit) Cards. This legislation
shall be in effect for a period of 44 days from October 18. 2001 to December 1. 2001. or
in the event the City Manaoer deems it necessary to extend this leoislation by an additional
period of UP to 90 days from December 1. 2001. this leoislation shall be in effect until the
expiration of said additional time period.
SECTION 2. INCLUSION IN THE CITY CODE. It is the intention of the Mayor and City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made part of the Code of Ordinances of the City of Miami Beach as amended; that
the sections of this Ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith are
repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the 17th day of
October, 2001.
SECTION 6. SUNSET PROVISION. This Ordinance shall sunset on December 2, 2001,
or in the event the City Manager deems it necessary to extend this Legislation by an
additional period of up to 90 days, this Legislation shall sunset upon the expiration of said
additional time period.
PASSED and ADOPTED this 17th day of October, 2001.
filii
MAYOR
ATTEST:
_~~ ftU~
CITY CLERK
APPRCNEDAS10
FORM &LANGUAGI
. FOREXECUTIQN
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CIIr AlIDmIr ~~ II.-
JMG/CMC/PDW/rar
T:\AGENDA\2001\ocl1701\REGULAR\Emerglegislation Parking ORD QRD.doc
ClTY OF MIAMI BEACH
NOTICE TO THE PUBLIC ~
NOTICE IS HEREBY GIVEN, PURSUANT TO THE CITY OF MIAMI BEACH, CITY CHARTER, SEcnON 2.05, THAT THE FOLLOWING ORDINANCE WAS
PASSEO AS EMERGENCY MEASURE BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIOA, ON OCTOBER 17, 2001. THIS ORDINANGJO .
- EFFECTIVE UPON ITS PASSAGE ANO IS HEREBY SET FORTH IN FULL.
ORDINANCE NO, 2001-3331
All EMERGENCY ORDINANCE BY 5I7THS VOTE Of THE MAYOR ANO CITY COMMISSION OF THE CITY Of MIAMI BEACH, R.DR1DA, BEClARIIG ,
A PUBLIC EMERGENCY THAT NEGATNELY AFFECTS PROPERTY Of THE TOURISM INOUSTRY OF THE CITY ANO CITIZENS OF MIAMI BEACH AS
A WHOLE, AMENOING MIAMI BEACH CITY COOE CHAPTER 106 ENTITLED "TRAfFIC ANO VEHICLES., ARTICLE II THEREOf EN11I\..EO
"MfmtEO PARKING", OIVISION I THEREOF ENTITLEO "GEHERALLY., SECTION 108-55 THEREOf, CREATING SUBSECTION "M" ENTITl.EO
.TlIIE-CERTAIN PARTIAL WAIVER Of PARKING COSTS", AUTHORIZING PARKING AT NO COST FOR THE FIRST HOUR AT THE CITY'S TIll
STREET, lT1l1 STREET, AND 42NO STREET GARAGES, AUTHORIZING A SMO REOUCTlON OFF THE FLAT PARKING RATE AT THE 12TH STREET
ANO 13TH STREET GARAGES: AUTHORIZING A lWENTY PERCENT (20%) DISCOUNT FROM THE FACE VALUE OF PARKING METER SMART
CAROS (DEBIT CAROS) FOR A PERIOO Of 44 OAYS FROM OCTOBER lB, 2001 TO DECEMBER 1,2001: FURTHER AUTHORIZING THE CITY
MANAGER TO EXTEND SAlO COST REDUCTION PERIOOS BY AN AODITIONAL PERIOO NOT TO EXCEEO 90 OAYS FROM DECEMBER 1, 2001 IF
DEEMED NECESSARY BY 'THE .CITY MANAGER, WITHOUT ANY FURTHER ACTION BY THE MAYOR AND CITY COMMISSION: PROVIDING
REPEALER, SEVERABlUTY, CODIACATlON, EFFECTIVE OATE, AND SUNSET PROVISION. _
WHEREAS. the devastating events of September 1-1, 2001 have resulted in a public emergency that has negatively affected property of the
tourism industry In the City and citizens of Miami. Beach as a whole -- the City. of Miami Beach and Its tourist-related IndustJies and resident
businesses have thus adYerselyimpacted and to this end, various regional efforts are being. implemented such as-the Greater Miami Chamber of
COmmerce's (GMCC) Economic Generation and Recovery Task Force and a tourism marketing campaign initiated by the Greater Mlaf1'ii Coovention
and Visitors Bureau (GMCW); and .
WHEREAS, In an effort to be reSponsive and supportive of our local commercial businesses, the City has evaluated a variety of additional
measures that wlllprovlde temporary relief while confidence is restored In tile economy and the tourism indUStrY; and
WHEREAS, these Initiatives Include a deferral of_ business related fees, reduced parking and tra(tSpOrtatlon costs, a contribution to the GMCVB
~What Makes You Happyn marketing campaign (geared to reactivate tourism In the City) and financlal anti logistical support for a City~ProduCed, In
conjunction with Ocean D{iVe Association, special event; and. --
WHEREAS, the aforementionedlnltlatlves and proposed policy recommendations, aSSisting In part the local business sector and visitors to our
community, are authorized as emergency economic revitalization relief pursuant to Section 2.05 of the City Charter, which section requires that a
declaration of public emergency exists negatively affecting property; and .
WHEREAS, It is further recommended that the Mayor and City COmmission amend City Code Section 106-55 in order to authorize (1) parking at
no cost for the first hour at the City's 7th Street, 17th street, and 42nd Street garages; (2) a $1.00 reduction off the flat parking rate at the 12th
Street and 13th Street garages, and (3) a twenty percent (20%) discount from the face value of Parking Meter Smart (Debit) Cards for a period of 44
days from October 18. 2001 to December 1,2001; and
WHEREAS, In light of the City's expressed need to change tne behavioral pattern of the City's residents and visitors to focus on Increased off-
street parking V5. on-street parking (that should service short-term transient cars) the proposed initiative is consistent with these proposed
behavioral modifications the City Is desirous of achieving; and
WHEREAS, the City has conslsumUy emphasized the neeltto change the behavioral pattern ,of the Ctty'sresldents and visitors to focus on
increased off-street parking vs. on-street parking, that should service short-term transient cars, and the proposed initiative is consistent with these
proposed behavioral modifications the City is desirous of achieving; and ~
WHEREAS, given the need to change parking behavioral patterns, on October 1, 2001, the City of Miami Beach Transportation and Parking
Committee (T & p) unanimously recommended In favor of ImPlementing the Qrst hour at no cost.
MlEREAS, although the parking system revenues are pledged to service the outstanding debt and the Bond COvenants, Section 710, provides for
"No Free Parking" within the parking system, the City will pa~ to the Parking Enterprise Fund the revenues which othelWlse would have been
collected from users of the garages, thus resulting in a situation wflereby this temporary economic relief measure will have no negative financial
Impact on the Parking Enterprise Fund. . -
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION Of THE CITY OF MIAMI BEACH, FLORIDA, AS FOlLOWS:
SECTION 1. Miami Beach City Code Chapter 106 entitled ~Trafflc and Vehlcles\ Article II therfiK)f entitled ~Metered Parking", Division I thereof
entitled "Generally", Section 1 06~55, is hereby amended by the creation ot the following subsection (M) reading as follows:
Sec. 1 06-55 1M)' ~Tjme-Certaln Partial Waiver of Parklno Costs"
In view of the oubllc emeraencv affectino orooertv of the tourism industrv of the Citv as well as citizens of Miami Beach as a whole oarklno at no
cost for the first hour at the Cltv's 7th Street 17th Street and 42nd Streetoaraoes Is authorized Includino a ~1.00 reduction off the flatoarkino rate
at the 12th Street and 13th street oaraoes as well as a twenty oercent /20%) discount from the face value of Parkino Meter Smart /Debit) Cards.
This leoislatlon shall be in effect for a oeriod of 44 davs from October 18 2001 to D~ember 1 2001 or in the. event the Cltv Manaoer deems it
necessarv to extend this leoislatlon bv an additional oeriod of uo to 90 days trom December 1 2001 this leolslat!9n shall be in _effect until the
exoiration of said additional time oeriod.
SECTION 2. INCWSlON IN THE CITY COPE. It Is U:1e intention of the Mayor artd City Commission, and It is hereby ordained that the provlSons of
this Ordinance shall become and be made part 0 the Code of Ordinances of the City of Miami Beach as amended; that the sections of this Ordinance
may be renumbered or relettered to accomplish suQh intention; and that the word "ordinance" may be changed to ~sectiol1" or other appropriate
word. -
SECTION 3. REPEALER. All Ordinances orparts of Ordinances In conflict herewith are repealed.
SECTION 4. SEVERABIUTY. If any section, subsection, clause or provision of this Ordinance is_ held invalid, the remainder shall not be affected by
such invalidity. "
SECTION 5.EFFEtnVE DATE. This Ordinance shall take effect the 171h day of October, 2001.
SECTION 6, SUNSET PROVISION. This Ordinance shall sunset on December 2. 200-1, or In the event the ClttManager deems it nacessary to
extend this Legislation by an additional period of up to 99 days, this Laglslation shall sunset upon the expiration of ~Id additional time pertod.
PASSEO ond AOOmD tills 17th doy 01 0Ct_, 2001.
ATTEST:
(oIgnod) Robert Porch...
CItyCIork
(1Igned) Nelson Kudln
-Moyor
FORM APPROVED LE6AL DEPAIlTMEIIT
BY:(llgned) II""., Il!d>b!n
1Iotod:10122/81
_ \lnIlnon.111 on ftllln till 0lil01 01 the City Clllk for IllIm/notlon by 1111__ pori...
Rl)bert_,CltrClll1<
CIty 01 MIIml Booch
~
Ad Number 0058
~ht :Slfuuni Mtrat~ el Nuevo Herald
www.hcrald.com
www.clherald.com
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Jane Florea
who on oath says that she is
Account Representative
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the
advertisement for City of Miami Beach appeared in said newspaper in the issues of:
Neighbors, October 25st, page 16, ad # 0058
Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida and that the said newspaper has heretofore been continuously published in
said Dade County, Florida, each day and has been entered as second class mail matter at the
post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement.
~f~~A2-qb
Sworn to and subscribed before me
This
day of
,2001
illFlOAL NOTARY 5EAL
5ILVlAACosrA
NarARYPUBUC 5TATEOF FLORIDA
COMMIS5JO,.j NO. CC742048
MY COMMIS510N EXP. MAY 12.2002