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Res. No. 105-08-12702RESOLUTIONNO. 105-08-1270rj WHEREAS, the Mayor and City Commission of the City of South Miami ("City") intend to review and revise those sections of the South Miami Land Development Code which regulate outdoor dining; and, WHEREAS, the City has determined that revisions to those regulations that govern outdoor dining activities in order to address the potential impacts of those operations on parking, public safety and the impact on the adjacent residential communities is necessary; and, WHEREAS, the Mayor and Commission after careful consideration of the matter deem it advisable and in the best interest of the general welfare of the City and its inhabitants to temporarily suspend the approval of additional outdoor dining permits until and modifications to the Land Development Code (if any) are approved. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Additions shown by underlining and deletions shown by evefstfilda . Res. No. 105-08-12702 Section 1. Upon the date of Passage of this resolution no outdoor dining permits shall be considered and approved. Section 2. Nothing is this resolution should be construed or applied to abrogate the right of a property owner to develop or utilize his or her property in any other way commensurate with the Land Development Code and other regulations. Section 3. This resolution will expire at midnight on October 1, 2008. This temporary moratorium via resolution may be extended in order to complete the approval of any amendments for the Land Development Code. Section 4. This resolution shall take effect on July 1, 2008. PASSED AND ADOPTED this /day of 2008. ATTEST: I --- -- — Q�2 Q2,"- CITY CLERK READ AND APPROVED AS TO CORM: Luis R i eredo, Nagin Gallop Figueredo, P.A. Office of City Attorney Page 2 of 2 COMMISSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea