HomeMy WebLinkAboutR-20-02350FCity of Miami
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Legislation
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l ° R I° Resolution: R-20-0235
File Number: 7692
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING THE
PROPOSED MIAMI-DADE COUNTY ORDINANCE (MIAMI-DADE COUNTY
LEGISLATIVE FILE NO. 200973) RELATING TO COUNTY RIGHTS-OF-WAY
AND EASEMENTS WITHIN MUNICIPALITIES WHICH PROHIBITS
MUNICIPALITIES FROM CHARGING FEES, IMPOSING REQUIREMENTS, OR
REQUIRING PERMITS FOR WORK ON MIAMI-DADE COUNTY -OWNED OR
MIAMI-DADE COUNTY -MAINTAINED RIGHTS-OF-WAY OR EASEMENTS
WITHIN MUNICIPALITIES.
WHEREAS, the Miami -Dade Board of County Commissioners ("County Commission") is
considering adoption of an ordinance (Miami -Dade County Legislative Item File No. 200973)
("Ordinance") that prohibits municipalities from charging fees, imposing requirements, or
requiring permits for work on rights-of-way or easements owned or maintained by Miami -Dade
County ("County") within municipalities; and
WHEREAS, the Miami City Commission, on May 26, 2011, adopted Ordinance No.
13267 to provide a permit fee waiver procedure for the construction, reconstruction, and
maintenance of County public works projects as a commitment to accelerating the permit
process for County public works projects within the City of Miami ("City"); and
WHEREAS, the Ordinance under consideration by the County is unnecessary as the
City has not charged permitting fees to the County's Department of Transportation and Public
works in the past nine (9) years; and
WHEREAS, the City's subdivision regulations and requirement for street improvements
in connections with certain building permits have assisted in procuring right-of-way dedications
for highway purposes on County rights-of-way at no cost to the County; and
WHEREAS, the Ordinance No. 13114, as amended, the Zoning Ordinance of the City of
Miami, Florida and Chapter 17 of the Code of the City of Miami, Florida, as amended ("City
Code"), impose unique requirements on City rights-of-way, especially along scenic
transportation corridors and historic and environmental preservation districts in the City, giving
the Planning Director and Zoning Administrator the task of enforcing these regulations and such
a transfer of permitting jurisdiction to the County will pose a challenge in this enforcement; and
WHEREAS, if the Ordinance is adopted by the County Commission, the County will be
able to permit and authorize work on County roadways within the City that have not been
properly coordinated with the City giving rise to instances where County contractors will
negatively impact City maintained rights-of-way; and
WHEREAS, the Ordinance violates the principles of subsidiarity by adding an
unnecessary layer of government and creating confusion for City residents and the public
concerning access and construction impacts to properties, maintenance of traffic, and other
City of Miami Page 1 of 2 File ID: 7692 (Revision:) Printed On: 91112020
File ID: 7692
Enactment Number: R-20-0236
general contractor activities to the County as opposed to the City as well as posing a challenge
to public outreach, coordination, and prompt response to such inquiries by City residents and
businesses who will now be tasked with navigating the County system when seeking relief; and
WHEREAS, the City Commission believes that the existing permitting process that
centralizes responsibility with the City at no cost to the County has worked well for decades; and
WHEREAS, the City Commission opposes the Ordinance; and
WHEREAS, pursuant to Section 2-33(f) of the City Code, the City Commission, by a
majority vote, deems this Resolution to be of an emergency nature in order to immediately
protect the public health, welfare, and safety of the City's residents;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission opposes the Ordinance relating to County rights-of-way
and easements within municipalities which prohibits municipalities from charging fees, imposing
requirements, or requiring permits for work on County -owned or County -maintained rights-of-
way or easements within municipalities.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to County
Mayor Carlos A. Gimenez and the County Commission.
Section 4. This Resolution shall become effective immediately upon adoption
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 2 of 2 File ID: 7692 (Revision:) Printed on: 91112020