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Home My WebLink AboutO-12293J-02-911 10/23/02 ORDINANCE NO.- 12 29 3 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55, SECTION 55-15, OF THE CODE OF THE CITY OF MIAMI,. FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS, VACATION AND CLOSURE OF RIGHTS-OF-WAY AND PLATTED EASEMENTS BY PLAT" TO INCREASE THE PERIOD OF TIME FOR WHICH AN APPROVAL OF A REQUESTED VACATION AND CLOSURE SHALL BE VALID AND REMAIN INDEPENDENT OF THE REFERENCED TENTATIVE PLAT FROM THREE TO FOUR YEARS; FURTHER PROVIDING THAT SUCH INCREASE SHALL BE APPLICABLE TO ANY PREVIOUSLY APPROVED VACATION AND CLOSURE THAT HAS NOT RECEIVED FINAL PLAT APPROVAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 55, Section 55-15, of the Code of the City of Miami, Florida, as amended, entitled "Subdivision Regulations, Vacation and closure of rights-of-way and platted easements by plat", is amended in the following particulars:" �i Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 12293 "Chapter 55 SUBDIVISION REGULATIONS Sec. 55-15. Vacation and closure of rights-of-way and platted easements by plat. (h) Determination by city commission. If the city commission determines that it is, not in the public interest, .the rights-of-way or easements shall not be closed, and the plat shall be denied. If the city commission approves the requested vacation and closure, the subdivider may proceed with the plat as set forth in city Code sections 55-8 through 55-14. Approval of the requested vacation and closure shall be valid for a period of wee four years and shall remain independent of the referenced tentative plat during this period. Any revised tentative plat submitted for review subsequent to the approved vacation and closure must be compatible with the approved vacation and closure, as determined by the plat and street committee. The tentative plat most recently approved by the plat and street committee shall be the official tentative plat of reference when submitting documents for final plat approval by the city commission. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this. Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 2 of 32 T9 • J Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof2 I and shall be applicable to any previously approved vacation and closure that has not received final plat approval. PASSED ON FIRST READING BY TITLE ONLY this 29th day of October , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 19th day of November 2002. UEL A. DIAZ, MAYO - ATTEST: R, a PRISCILLA A. THOM SON CITY CLERK APPROVED AS ,TSY�FORM AND CORRECTNESS ITY TTORNEY 1/3/38:0- dd: BSS 2/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes,this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 3 Inn sSecond Reading Ordinance is TO: The Honorable Mayor and DATE: Members of the City Commission SUBJECT : . FROM: �' REFERENCES: f Carlos A. Gimenez City Manager ENCLOSURES: RECOMMENDATION OCT 18 2002 14 FILE: Amendment to City Code First Reading of Ordinance Amending Code Section 55-15 It is respectfully recommended that the City Commission adopt the attached Ordinance amending Chapter 55 of the Code of the City of Miami entitled "Subdivision Regulations" by amending Section 55-15 entitled "Vacation and closure of rights-of-way and platted easements by plat" by extending the approval period for a requested vacation and closure from 3 years to 4 years. BACKGROUND City Code Chapter 55 entitled "Subdivision Regulations" establishes the procedure required to vacate and close public rights-of-way and easements. Section 55-15 requires that an applicant obtains the approval of the City Commission for a right-of-way vacation and closure request as one of the critical steps in completing the replatting of a subdivision. The City Code currently provides that the City Commission approval period for a right-of-way vacation and closure request is 3 years and should the applicant not complete the recording of the plat within this time period, the approval expires and the process must begin anew. Some applicants have experienced difficulty in completing the platting procedure due to other platting requirements unrelated to the right-of-way vacation and closure approval and have requested that the time period be extended to allow completion of the remaining requirements and recording of the plat. The granting of additional time will not affect the remaining requirements of the platting procedure or the eventual recording of a new subdivision. The attached Ordinance will accomplish the granting of additional time by amending City Code Section 55-15 by extending the approval period for a requested vacation and closure from 3 years to 4 years. �rty/v; CAG/FKR/ 2J�Wmm ORD Amend Chapter 55-15 12 2 9 3 CITY OF MIAMI, FLORIDA is INTER -OFFICE MEMORANDUM TO: Priscilla A. Thompson DATE: October 18, 2002 FILE City Clerk SUBJECT: Request to publish Notice of Public Hearing FROM: REFERENCES: Ordinance Amending John H. Jac n, Director Code Section 55-15 9 Public Works Department ENCLOSURES: Please make arrangements to publish a Notice of Public Hearing for objections to a proposed Amendment to Section 55-15 of the Code of the City of Miami, Florida, as amended, entitled "Vacation and closure of rights-of-way and platted easements by plat'. The Public Hearing has been scheduled for October 29, 2002 . Please charge to index code 310201-287. APPROVED Elvi G. Alonso Agenda Coordinator JHJ/LJH/mm c: Civil Engineering Central ORD Amend Chapter 55-15 12293 CITY OF MIAMI NOTICE OF PUBLIC HEARING A Public Hearing will be held by the Commission of the City of Miami, Florida, on October 29, 2002 at in the Manuel Artime Center, 900 SW 1 Street, Miami, Florida, for the purpose of hearing from any interested parties affected by the proposed Amendment to Section 55-15 of the Code of the City of Miami, Florida, as amended, entitled "Vacation and closure of rights-of-way and platted easements by plat" to extend the approval period for a requested vacation and closure from 3 years to 4 years. All interested persons are invited to appear and may be heard concerning this extension of the approval period. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based. Priscilla A. Thompson City Clerk Miami, Florida ORD Amend Chapter 55-15 �229� • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of P.O. 10938 CITY OF MIAMI - NOTICE OF PROPOSED ORDINANCES in the XXXX Court, was published in said newspaper in the issues of 11/08/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rePate, commission or refund for the purpose of securing t W adver ' ent f r publication in the said Sworn to and euVscribed day pf NOVEMBER \[// A,D. 2002 O.V. FERBEYRF personalljUb—W tri ffitENA NOTARY PUBLIC S T ATE OF FLORIDA COMMISSION NO. CC 912958 n r : CITY OF MIAMI, FLORID/ '1 t , OTICE OF PROPOSED ORDINANCES otic. is. hereby given that the City Commission. of -the City of Miami,, Florida, will consider the following ordinances on second and final reading, on November 19, 2002, commencing at 9:00 a.m., at the Gusman Centen for the Performing Arts located at 174,East Flagler Street, Miami, Florida: ORDINANCE NO: AN ORDINANCE OF THE MIAMI CITY. COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE "FUND ENTITLED:. • "FEMA/USAR GRANT AWARD (FY 2002) FOR THE OPERA-' I TION OF SAME IN THEAMOUNTOF $150,000 CONSISTING , OF A GRANT, ALLOCATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), FOR THE PURCHASE OF EQUIPMENT, PROVISION OF TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE (USAR) PROGRAM; AUTHORIZING - ;. THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM i ACCEPTABLE TO -THE CITY ATTORNEY, FOR ACCEP-TANCE OF THE. GRANT; CONTAINING A REPEALER PROVI- j SIGN AND A SEVERABILITY CLAUSE. i ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2, ARTICLE XI, DIVISION 14 OF THE CODE OF THE CITY OF -MIAMI, FLORIDA,'AS AMENDED,' ENTITLED --!ADMINISTRATION, BOARDS, COMMITTEES, COMMIS- SIONS, HOMELAND DEFENSE/NEIGHBORHOOD IMPROVE-_ �. MENT BOND PROGRAM OVERSIGHT BOARDTO (1), RE- QUIRE THAT PROJECTS IDENTIFIED BY THE ADMINISTRA- TION ALSO BE MONITORED BY THE BOARD; (2) -REQUEST: --THROUGH;THE CITY MANAGER APPEARANCE AT THE BOARD OF VENDORS, CONTRACTORS OR ANY OTHER EN- TITY RECEIVING_ FUNDING; (3) REQUIRE THAT ALL PRO JECTS REQUIRING CITY COMMISSION APPROVAL AND US-, - ING ANY FUNDS DERIVED FROM .THE GENERAL OBLIGA- TION -BOND APPROVED NOVEMBER 13,.2001,'SHALL.BE . FIRST SUBMITTED TO THE BOARD FOR ITS REVIEW AND NON-BINDING,COMMENT; AND (4) PROVIDING FOR PUBLIC• - HEARINGS;•. MORE PARTICULARLY -BY: AMENDING SEC-. -TIONS 2-1201 AND 2-1203 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE., I- AN ORDINANCE OFT IAMI:CITY COMMISSION AMEND- ING CHAPTER 55,'SECTION 55-15, OF THE CODE OF THE. I CITY • OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:: "SUBDIVISION REGULATIONS, VACATION AND CLOSURE.- OF LOSURE - OF RIGHTS-OF-WAY AND PLATTED EASEMENTS BY PLAT" TO INCREASE THE -PERIOD OF TIME`EOR WHICH ANAP PROVAL OF A REQUESTEDI VACATION; AND :CLQS,URE; SHALL BE VALID AND REMAIN INDEPENDENT OF THE -REF- ERENCED TENTATIVE PLAT FROM -THREE TO FOUR I- YEARS; FURTHER PROVIDING THAT SUCH ,NCREASE SHALL BE APPLICABLE TO ANY PREVIOUSLY'APPROVED { VACATION AND CLOSURE THAT HAS NOT RECEIVED Fl - NAL PLAT APPROVAL, CONTAINING A REPEALER.PROVI- . SION AND A SEVERABILITY CLAUSE; AND PROVIDING_ FOR AN EFFECTIVE DATE. ORDINANCE NO. _ AN ORDINANCE OF THE,MIAMI'CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND -ENTITLED "ANTI- TERRORISM GRANT AWARD (FY 12001)'!, CONSISTING OF A GRANT -)IN THE.AMOUNT OF $1001000 FROM THE MIAMI - 4 DADE`COUNTY BOARD OF'COUNTY COMMISSIONERS -OF- - FICE OF EMERGENCY. MANAGEMENT;. FOR THE PROVI- SION OF ANTI --TERRORISM TRAINING FOR. THE DEPART- MENT OF FIRE -RESCUE, IN ACCORDANCE WITH THE TER- . RORISM RESPONSE PLAN; AUTHORIZING THE CITY MAN- AGER TO ACCEPT SAID GRANT AND! T0 EXECUTE THE. NECESSARY DOCUMENTS; INA FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, CONTAINING A REPEALER PROVISION ANDA SEVERABILITY CLAUSE_ t 1 0 ORDINANCE NO. { AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- y ING CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 'ENTITLED-. "ADMINISTRATION/ BOARDS, COMMITTEES AND'COMMIS- SIONS/SPORTS AND EXHIBITION - AUTHORITY," TO CHANGE THE MEMBERSHIP COMPOSITION FROM ELEVEN, TO'EIGHT MEMBERS, AND -THE NUMBER OF YEARS PER-. MITTED FOR CONSECUTIVE SERVICE AS A -MEMBER ON 1 THE .MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"); DESIGNATING THE CITY MANAGER OR THE DES IGNATED -ASSISTANT CITY MANAGER AS A NON-VOTING. . EX OFFICIO MEMBER AND TO SERVE AS MANAGING DI- RECTOR OF MSEA;.AND REQUIRING THE EXECUTIVE DI- RECTOR OF MSEA TO ATTEND. MEETINGS OF THE GREAT -- ER MIAMI CONVENTION BUREAU; MORE PARTICULARLY BY AMENDING SECTIONS 2-1013 AND 2-1015 -OF SAID —CODE; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE i DATE. ; ORDINANCE NO. ' . AN ORDINANCE OF THE MIAMI CITY COMMISSION.AMEND ING CHAPTER 56 AUTHORIZING THE.CITY COMMISSION + TO GRANT AD VALOREM TAX EXEMPTIONS TO NEW AND I EXPANDING BUSINESSES WITHIN THE AREA: IN THE CITY OF MIAMI LOCATED IN THE ENTERPRISE ZONE; PROVID- ING SCOPE AND TERMS' OF EXEMPTIONS; -PROVIDING . I . PROCEDURES FOR APPLICATION AND RENEWAL; REVIEW BY THE DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT; REFERRED TO THE -ECONOMIC .DEVEL- OPMENT.'F.INANCE AUTHORITY FOR THEIR RECOMMEW i DATION FOR:APPROVAL BY. THE CITY COMMISSION; PRO- VIDING- DEFINITIONS;. PROVIDING A REPEALER PROVI- i SION.AND A SEVERABILITY" CLAUSE;'INCLUSION IN THE-, i, CODE AND'PROVIDING FOR AN EFFECTIVE DATE AND AN EXPIRATION DATE. Said proposed ordinances may be inspected by the public at the Office.! of the City Clerk;.3500 Pan American Drive, Miami, Florida, Monday through. Friday, excluding holidays, between the hours of 8'a.m. and 5 p.l All interested persons may appear at the meeting and maybe heard with respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with -respect to any matter to be i I.considered at this .meeting, that person shall ensure that. a verbatim record of the proceedings is made including all testimony and evidence s upon which any appeal may be based. I LL•(Y OFA : - ° , '.._ I PRISCILLAA.THOMPSON Q u A 09AR CITY CLERK O c�IB 9fi • I (#,10938),