R-2020-10RESOLUTION NO. 2020-10
3 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI
4 SHORES VILLAGE, FLORIDA, ESTABLISHING A
5 TEMPORARY MORATORIUM ON ENFORCEMENT OF
6 SECTION 541 OF THE MIAMI SHORES VILLAGE CODE OF
7 ORDINANCES DUE TO COVID-19, SETTING AN
s EFFECTIVE DATE, AND SETTING A SUNSET DATE.
9
10 WHEREAS, a respiratory illness due to a novel coronavirus ( "COVID -19 "), was
11 first identified in Wuhan City, Hubei Province, China, and has spread outside of China,
12 impacting many countries, including the United States;
13 WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order
14 Number 20-51 directing the State Health Officer and Surgeon General to declare a Public
15 Health Emergency due to COVID-19 in the State of Florida;
16 WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order
17 No. 20-52 declaring a State of Emergency for the State of Florida relating to COVID-19;
18 and
19 WHEREAS, on March 12, 2020, the Mayor of Miami -Dade County declared a
20 Local State of Emergency responding to the threat posed by COVID-19;
21 WHEREAS, on March 23, 2020, the Mayor of Miami Shores Village declared a
22 State of Local Emergency due to the threat posed by COVID -19 to Miami Shores Village
23 residents;
24 WHEREAS, to help curb the spread of COVID -19, state and local governments
25 ordered non - essential businesses, including restaurants, to close;
26 WHEREAS, in order to facilitate the reopening of restaurants in Miami Shores
27 Village while continuing to comply with the health regulations and guidelines due to
28 COVID-19, the Miami Shores Village Council has determined that it is in the best interest
29 of Miami Shores Village to establish a limited temporary moratorium on the enforcement
30 provisions of Section 541 of the Miami Shores Village Code of Ordinances (Open Air
31 Caf6 Regulation) in accordance herewith, in order for compliant restaurants to institute
32 or expand outdoor seating for its customers;
33 WHEREAS, the Village Council of Miami Shores finds that this Resolution is in
34 the best interest of the businesses located in the downtown business district of Miami
35 Shore Village, Miami Shores Village restaurants, and Miami Shores Village residents.
36 NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI
37 SHORES, FLORIDA AS FOLLOWS:
38 Section 1. The above Recitals are true and correct and incorporated herein by
39 reference.
1 Section 2. Upon the effective date of this Resolution and for a period of six (6)
2 months thereafter, Section 541 of the Miami Shores Village Code of Ordinances (Open
3 Air Caf6 Regulation) shall not be enforced against restaurants that have complied with
4 both provisions below:
5 (1) Provide Miami Shores Village with a hold harmless agreement indemnifying
6 Miami Shores Village from any claims for damages to property or injury to
7 persons relating to such open air cafes, in a form reasonably acceptable to the
8 Miami Shores Village Attorney; and
9
10 (2) Furnish Miami Shores Village with proof of applicable insurance coverage(s)
11 in an amount no less than $1,000,000.00 each, for bodily injury and property
12 damage per occurrence, which insurance policies name Miami Shores Village
13 as an additional insured.
14 Section 3. This Resolution creates no vested rights in any party.
15 Section 4. This Resolution shall take effect immediately upon adoption.
16 Section 5. This Resolution hereby sunsets and shall no longer be in force six
17 (6) months from the date of adoption, unless readopted prior thereto
18
19 PASSED AND ADOPTED this 19th day of May 2020.
20
21
22 ATTEST
23
24 a ,,• ^"..
25 _
26 : Ysabely Rodri u z, MP5F0M C Cry al Wagar, Mayor
27 = Village Clerk �'y
28
29
30
31 APPROVED AS TO FORM:
32 P\" y �f� a L
33 Richard Sarafan, Village Atto ey
FINAL VOTES AT ADO PTO N
Council ryl ember Sean Brady
Yes
Council rv1 ember Stephen Lofrredo
Yes
Council Member Jonathan Melt
Yes
Vice -Mayor Alice Burch
Yes
Mayor Crystal' y+Vagar
Yes
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