R-2021-171
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RESOLUTION NO. 2021-17
3 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES
4 VILLAGE, FLORIDA, EXTENDING A TEMPORARY MORATORIUM
5 ON ENFORCEMENT OF SECTION 541 OF THE MIAMI SHORES
6 VILLAGE CODE OF ORDINANCES DUE TO COVID-19, SETTING
7 AN EFFECTIVE DATE, AND SETTING A SUNSET DATE.
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9 WHEREAS, a respiratory illness due to a novel coronavirus ("COVID-19"), was first
10 identified in Wuhan City, Hubei Province, China, and has spread outside of China,
11 impacting many countries, including the United States;
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13 WHEREAS, beginning in March 2020 and continuing to date, Miami-Dade County, Florida
14 has declared a local state of emergency in response to the threat posed by COVID-19;
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16 WHEREAS, in order to facilitate the reopening of restaurants in Miami Shores Village
17 while continuing to comply with the health regulations and guidelines due to COVID-19,
18 the Miami Shores Village Council determined that it was in the best interest of Miami
19 Shores Village to establish a limited temporary moratorium on the enforcement
20 provisions of Section 541 of the Miami Shores Village Code of Ordinances (Open Air
21 Cafe Regulation), in order for compliant restaurants to institute or expand outdoor
22 seating for its customers;
23 WHEREAS, pursuant to Resolution No. 2020-10, the Village Council of Miami Shores
24 adopted a temporary moratorium on enforcement of Section 541 of the Miami Shores
25 Village Code of Ordinances pursuant to the terms of said Resolution;
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27 WHEREAS, pursuant to Resolution No. 2020-33, the Village Council of Miami Shores
28 extended such temporary moratorium; and
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30 WHEREAS, the Village Council of Miami Shores finds that this Resolution is in the best
31 interest of the businesses located in the downtown business district of Miami Shores
32 Village, Miami Shores Village restaurants, and Miami Shores Village residents.
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34 NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI
35 SHORES, FLORIDA AS FOLLOWS:
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37 Section 1. The above recitals are. true and correct and incorporated herein by reference.
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39 Section 2. Beginning upon adoption of this Resolution and for a period of six (6)
40 months thereafter, Section 541 of the Miami Shores Village Code of Ordinances (Open
41 Air Cafe Reg ulation) shall not be enforced against restaurants that have complied with all
42 the provisions below:
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44 (1)Provide Miami Shores Village with a hold harmless agreement indemnifying
45 Miami Shores Village from any claims for damages to property or injury to
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persons relating to such open air cafes, in a form reasonably acceptable to the
Miami Shores Village Attorney; and
(2)Furnish Miami Shores Village with proof of applicable insurance coverage(s)
in an amount no less than $1,000,000.00 each, for bodily injury and property
damage per occurrence, which insurance policies name Miami Shores Village
as an additional insured.
(3)Compliance with existing setbacks in Section 541.
11 Section 3. This Resolution creates no vested rights in any party.
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13 Section 4. This Resolution shall take effect immediately upon adoption.
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15 Section 5. This Resolution hereby sunsets and shall no longer be in force six (6)
16 months from the date of adoption hereof, unless readopted prior thereto.
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20 PASSED AND ADOPTED this _13 day of SEPTEMBER, 2021.
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35 Richard Sarafan
36 Village Attorney
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Sandra Harris
Mayor