HomeMy WebLinkAboutR-22-0468City of Miami
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Resolution R-22-0468
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Legislation
File Number: 12934
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/17/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION TO INITIATE THE
CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA
STATUTES, PRIOR TO PROSECUTING AN ACTION, TO RESOLVE A
CONFLICT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY
REGARDING THE ENACTMENT, AMENDMENT, AND EXPANSION OF THE
RAPID TRANSIT ZONE ("RTZ"), IN COMPLIANCE WITH CHAPTER 164,
FLORIDA STATUTES.
WHEREAS, Miami -Dade County ("County") has enacted and amended its Code of
Ordinances, Section 33C, to establish and expand the Miami -Dade County Rapid Transit Zone;
and
WHEREAS, these enactments, amendments, and expansions of the Rapid Transit Zone
("RTZ") have abrogated the City of Miami's ("City") constitutional and statutory home rule
authority and violate the Florida Constitution, Florida law, and the Miami -Dade County Charter;
and
WHEREAS, Chapter 164, Florida Statutes (the Florida Governmental Conflict Resolution
Act), requires that certain disputes between governmental entities be submitted for conflict
resolution prior to initiating or prosecuting a legal action; and
WHEREAS, the City has a conflict with the County covered by Chapter 164, Florida
Statutes; and
WHEREAS, the issues of conflict are that the enactment, amendments, and expansion
of the RTZ in Miami -Dade County Code section 33C abrogate the City's constitutional and
statutory home rule powers and violate the Florida Constitution, Florida law, and the Miami -
Dade County Charter; and
WHEREAS, in order to initiate the conflict resolution process under Chapter 164, Florida
Statutes, the City is required by resolution to state its intention to initiate the conflict resolution
procedures and send the resolution to the chief administrator of the County;
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 fully set forth in this Section.
Section 2. It is the intention of the Miami City Commission to initiate the conflict
resolution procedures of Chapter 164, Florida Statutes, prior to initiating or prosecuting an
action against the County.
City of Miami Page 1 of 2 File ID: 12934 (Revision:) Printed On: 1112212022
File ID: 12934
Enactment Number: R-22-0468
Section 3. Within five (5) days from the passage of this Resolution, the Resolution shall
be provided to the chief administrator of the County in compliance with Chapter 164, Florida
Statutes.
Section 4. This Resolution shall become effective immediately after adoption.
APPROVED AS TO FORM AND CORRECTNESS:
J
ryt6ri i dez, ity ttor iey 11/7/2022
City of Miami Page 2 of 2 File ID: 12934 (Revision:) Printed on: 1112212022