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161 ORDINANCE NO. _____ _ 2 3 An Ordinance amending Section 15-80 of the City of South Miami's Code of 4 Ordinances. 5 6 WHEREAS, Section 15-80 of the City of South Miami's Code of Ordinances states: 7 8 "It shall be unlawful for any person, by himself or by the operation of any 9 instrument, agency or vehicle, to make any unnecessary or unseemly noises 10 within one hundred (100) feet of any portion of the grounds and premises on 11 which is located a hospital or other institution reserved for the sick, or any school 12 during school hours. The city manager shall place as many signs as he may deem 13 proper within or near zones hereby created, calling attention to the prohibition 14 against unnecessary noises within such zones."; and 15 16 WHEREAS, the ordinance, in its current form, does not address the main concern of 17 unnecessary or unseemly noise -its audible perceptibility; and 18 19 WHEREAS, the Section 15-80 should be amended to provide more specific criteria. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: ~3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 t6 47 48 Section 1: Section 15-80 of the City of South Miami's Code of Ordinances shall be amended to read as follows: Sec. 15-80. -Same-Near hospitals and schools. It shall be unlawful for any person, by himself or by the operation of any instrument, agency or vehicle, to make any unnecessary or unseemly noises that are clearly audible within one hundred (l00) feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, or any school during school hours. The city manager shall place as many signs as he may deem proper within or near zones hereby created, calling attention to the prohibition against unnecessary noises within such zones. Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent. of this'section to repeal entire ordinances, or parts of ordinances, -.. -" . ,...,...--............... that give the appearance of being in conflict when the two ordinances can be harmonized or Page I of2 1 1 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 2 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 3 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 4 to harmonize the two ordinances shall be repealed. 5 6 Section 5. Effective Date. This ordinance shall become effective upon enactment. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED AND ENACTED this __ day of _____ , 2013. ATTEST: APPROVED: CITY CLERK 1st Reading 2 nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 2 of2 MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 10/1/2013 in the XXX X Court, was published in said newspaper in the issues of 09/20/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re , commissio or refund for the purpose of se' s a 'sement for ublication in the said MARIA MESA personally known to me B,THOMAS Commission # DD 937532 Expires November 2, 2013 I3ond6d 111m Troy Fain Inswance 800-385-7019 MIAMI HE.RALD I MiamiHerald.com SE SUNDAY. SEPTEMBE~ 22. 2013 I 33SE NEIGHBORS CALENDAR .......... _" •• 1;1'. ==er-=~·=·-··"t·_H .. __ ._~"''''''''''' ... ~. ..--"""' ......... .=""""'''''''.,, • CALENDAR, FROM 32SE 6:30 p.m. Sept. 22. The Barnacle Historic State Park. 3485 Main Hwy .• Coconut Grove. $10. Free for kids 9 and under. 305·442-6866. www.flori' dastateparks.org/TheBarnacie or www.TheBarnacle.org. Party for a Cause: Benefits Foot- prints Foundation's October trip to the D.R. Congo where the foundation works to reduce maternal and infant' mortality around the world. Party features food, drinks, music and raffle. 7 p.m. Sept. 27, The Stage, 170 NE 38th St .. little Haiti. $50. 305-573-8423. www.footprints-foundation,org, Pregnant Belly Casting Workshop- Sept. 27-0cl. 11: Create a family heirloom. Expectant mothers are invited to this three-part workshop. , Registration required. Class meets on consecutive Fridays at same time as first class below.. ' 4:30 p.m. Sept. 27. Prenatal Plus Yoga, 401 Miracle Mile #405, Coral Gables. $300. 305-767-9949. www.arttherapyconsulting.com/ #!pregnant-belly-casting/cls6t. St. Hugh-Stelnway Concert Series: , Acclaimed Cuban-American soprano Eglise Gutierrez in her only appear- ance in concert this season, singing arias by Handel and Mozart as well as zarzuela favorites and Cuban songs, with pianist Roberto Berrocal. 8 p.m. Sept. 27. 51. Hugh Catholic Church and School, 3460 Royal Rd .• Southwest Coconut Grove. Swan Circle $45; Lake Circle $30. 305-444-8363. www.sthughconcerts.org. Stagialre Supersupper Two: Fea- tures Bradley Herron'S family-style, outdoor dinners for 30 and takes them inside and to the next level for the second time. Fifteen guests will gather around a communal table in a private dining room to enjoy a welcome beverage, hors d'oeuvres and five-course tasting menu with wines poured by Eric Larkee .. 5:30 p.m, Sept. 22. Michael's Genuine Food & Drink, 130 NE 40th St.. Little Haiti. $100, 786-282-8797. michaelsgenuine.com/. Subliminally Exposed: Dr. Steven Dayan, author of the New York Times best seller, "Subliminally Exposed," speaks along with the beauty director of 0, The Oprah Magazine, 6 p.m. Sept. 27. Colony Theater, 1040 Lincoln Rd., Miami Beach. $10, 312-335-2070. www.subliminally exposed.com/events. TASTE OF THE BEACH In Collins Park -2nd Annual: The Beach Channel presents, the 2nd Annual Taste of the Beach in Collins Park, is a 2-day outdoor community event that celebrates and features culinary creations of Miami Bea. 12 p.m. Sept. 28. Collins Park. 22nd St. and Collins Ave., Miami Beach. $5 -$25. 305-859-2000. www.tasteofthebeachmiami.com. TGIF Final Round: Special event to thank community supporters, a closing reception featuring a final round of golf, a hole-in-one contest, OJ and $5 drinks, RSVP required, 6 p.m. Sept. 27. Coral Gables Museum, 285 Aragon Ave., Coral Gables. Free. 305-603-8067. www,coralgablesmuseum.org.' Tango Classes in South Beach: Tango, some with Milonga after- wards, Teachers include Diego Santana and Santana with Lorena Arrestia. Call for complete schedule. Classes held at various locations, including the one shown here, 8:30 p.m, Sept. 23. Tapas & Tintos, 448 Espanola Way, Miami Beach. Free. 786-355-0882. www.diegosantanatango.com. The Art of Cooking for Kids: After- school classes using healthy ingredi- ents and food as art. Mommy/Daddy & Me to 12 years classes by age group. Includes food. 4 p.m. Sept. 24. Atlantis Natural. 1717 N. Bayshore Dr., Media and Entertainment District. $25/class or I If City of Coral Gables Public Invited to Informational Meeting Regarding Neighborhood Trees , The City of Coral Gables will be holding several informational meetings to discuss the Neighborhood Tree Sucdession Plan and Tree Initiation Plan being developed. During these meetings, City staff will discuss plans to replace missing, dead or diseased trees throughout neighborhood streets. as well as determining street tree themes for those neighborhoods with no dearly defined street tree theme. The public is invited to attend, To determine which meeting you should attend, see below. SEPTEMBER 25: Area 5 -South of Sunset Dr. (SW 72nd St.) to the southern City limits 6:30-8 pm at Fairchild Tropical Botanic Garden. 10901 Old Cutler Road OCTOBER 2: Area 4 -South of US 1 to Sunset Dr. (SW 72nd St), and between Red Road (SW 57th Ave) and eastern City limits 6:30-8 pm at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road OCTOBER 9: Area 3 -South of Bird Road (SW 40th St) to US 1, and between Red Road (SW 57th Ave) and eastern City limits 6:30-8 pm at Youth Center Theater, 405 University Drive OCTOBER 1S: Area 2 ...:. South of Coral Way (SW 24th St) to Bird Road (SW 40th 5t). and between Red Road (SW 57th Ave) and Douglas Road (SW 37th Ave) 6:30-8 pm at Coral Gables library, 3443 Segovia Street OCTOBER 16: Area 1 -South of the northern City limits to Coral Way (SW 24th 5t), and between Red Road (57th Ave) and eastern City limits 6:30-8 pm at Coral Gables library, 3443 Segovia Street For more information. call the Pu blic Works Department at 305-460-5000 $80 for a series of four, 305·379-2722, www.atlantisnatural. com/art-of-cooking-for-kids-class/, The Bohemia Room Weekly Spoken Word Experience: Includes an Open Mic Poetry Night and evenet is a bi-monthly artist showcase featuring local and international poets. vocal- ist. visual artists"usicians & lyricists, Hosted by Ingrid B, Music by OJ Fly Guy.s 8 p.m. Sept. 25, Grand Central, 697 N. Miami Ave" Park West. $10-$15. 305-519-1369. www.thebohemiaroom.com. The Glass House: "A Chapel In a Cathedral of Nature": Through Oct. 20, this exhibit will feature a dozen, large-scale color photographs by renowned architectural photog- rapher Robin Hill of Philip Johnson's Glass House campus plus other artifacts. 12 p,m. Sept. 22, Coral Gables Museum, 285 Aragon Ave., Coral Gables. Free with admission of: Members Free, Adults $7, Students and Seniors (with ID) $5, Children (6-12) $3, Children under 6 Free. 305-603-8067, www.coralgablesmuseum.org. Trivia Tuesdays at Elwoods: Held every second, fourth and fifth Tuesday. Includes prizes .. 8 p.m. Sept. 24. Elwoods Gastro Pub, 188 NE Third Ave., Downtown Miami, Free. www.elwoodsgastropub.com. ~ W CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for TUesday, October 1, 2013, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Managerto enter into a two (2) year vehicle rental agreement with Enterprise Rent~A-Carfor rental vehicles used in undercover police operations by the Police Department and authorizing the City Manager to disburse up to $30,000.00 per year over a two year period from the federal forfeiture rental/lease police vehicles account number 615-1910-521-4450 (Purchase/Lease-Police Vehicles). A Resolution authorizing the South Miami Community Redevelopment Agency ("SMCRA ") to convey property owned by the SMCRA to a private developer known as Green Mills Investments LLC for a purchase price that is less than the fair market value of the property in order to develop the Madison Square Property and to construct mixed-use affordable housing and commercial units on the property. An Ordinance related to a request for a zoning map amendment to the City of South Miami official Zoning map, to re-zone the Agency owned property assemblage referred to as the Madison Square redevelopment (wes~, folio numbers 09-4025-000-0850; 09-4025-000-0852; and 09·4025·065·0090, from a current zoning designa~on of "RS·4" (Single·Family) 1D the "RM·18" (Low Density Multi·Family Residennan 10 allow for additional residential dwelling units within the Madison Square Mixed-Use Development Project. Ordinance amending Section 15-80 of the City of South Miami's Code of Ordinances. An Ordinance amending Section 15-81 of the City of South Miami's Code of Ordinances by striking the text and reSerVing'" the section number. J J An Ordinance amending Section 15~79 of the City of South Miami's Code of Ordinances by striking the text and reserving the section number. ALL Interested parties are Invited to attend and will be heard. For further Information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record Includes the testimony and evidence upon which the appeal is to be based.