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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney ,j a DATE: November 17, 2022 RE: Proposed Resolution for City Commission Meeting — November 17, 2022 Initiation of conflict resolution process pursuant to chapter 164, Florida Statutes against Miami -Dade County pertaining to Rapid Transit Zone File No.: 12934 The City Commission previously authorized and directed the Office of the City Attorney to take any and all actions necessary in law or equity to address the effect of the Miami -Dade County's expansion of the Rapid Transit Zone. Where there is a conflict between the City of Miami ("City") and Miami -Dade County ("County"), the City is required (with some exceptions) to initiate the conflict resolution process pursuant to the Florida Governmental Conflict Resolution Act prior to initiating or prosecuting a legal action against the County. See Chapter 164, Fla. Stat. The conflict between the City and the County arises out of the County's enactment, amendment, and expansion of the Rapid Transit Zone ("RTZ") under Miami - Dade County Code Section 33C. These actions taken by the County abrogate the City's statutory and Constitutional home rule authority and violate the Florida Constitution, Florida law, and the Miami -Dade County Charter. In order to initiate the process, the City's governing body is required to adopt a resolution stating its intention to initiate the conflict resolution procedures of Chapter 164 prior to initiating or prosecuting a legal action. Within five (5) days after passage of the resolution, it must be sent with a cover letter to the chief administrator of the County. The letter must propose a date and location for a conflict assessment meeting and suggestion for those who should be in attendance. Other governmental entities may be notified of this meeting and allowed to participate. The conflict assessment meeting must be held within thirty (30) days from receipt of the letter and resolution unless extended by agreement of the parties. The chief administrator or his or her designee from each primary conflicting government entity must be in attendance to discuss the issues. If a tentative agreement is reached, the entities may proceed with whatever steps they deem appropriate, including but not limited to scheduling additional meetings or proposing resolutions for adoption by their respective governing bodies. If there is no tentative agreement reached at the conflict resolution meeting, the parties must schedule a joint public meeting with the governing bodies of both primary conflicting government entities. The joint public meeting must occur within fifty (50) days from receipt of the letter and resolution unless extended by agreement of the parties. If no agreement is reached at the joint public meeting, the primary conflicting governmental entities must participate in mediation. If the parties resolve the conflict, the terms and conditions of the resolution of the conflict must be reflected via the passage of an ordinance, resolution or interlocal agreement. If there is a failure to reach an agreement after complying with these procedures, the parties may prosecute an action in court. The Office of the City Attorney recommends passage of the attached proposed Resolution which initiates the conflict resolution procedures in compliance with Chapter 164. cc: Art Noriega, City Manager Miriam M. Santana, Agenda Coordinator Attachment(s) City of Miami Legislation Resolution Enactment Number: R-22-0468 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. 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: 1 "na dez, Ciky Hktor iey 11/712022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.