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08-05-08 Item 121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING FEES FOR PERMITS ALLOWING OUTDOOR RESTAURANT SEATING/DINING PURSUANT TO SECTION 20- 3.3(E) OF THE LAND DEVELOPMENT CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS; Land Development Code Sections 20- 3.3(E) and 20 -7.29 provides regulations governing outdoor seating /dining permits; and WHEREAS, and the Planning Board, the City Commission and City Administration have responded to concerns related to conditions existing in current outdoor seating/dining areas by producing an ordinance which amends certain provisions contained in the Land Development Code; and WHEREAS, the Mayor and City Commission have adopted an ordinance which will amend Land Development Code (LDC) 'Section 20- 3.3(E) in order to establish new and updated regulations for permitting outdoor restaurant and seating / dining; and WHEREAS, revised LDC Section 20 -3.3 (E) contains a provision which states that fees to be charged for outdoor seating shall be set forth in a resolution or ordinance to be adopted by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The fee for outdoor dining /seating use and area will be waived for the first six months of operation, and shall be charged annually in the amount of $65 for each outdoor seat located on public rights -of -way and $520 for any stand alone table top with no seating which is used for consumption of beverages or food which is located on public rights -of -way, Section 2. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2008 1 is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 W ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm ltems\2008 \8 -5 -08 \Outdoor seating Fee Resolution Resol.doc 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: 0