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HomeMy WebLinkAboutO-11609J-98-90 1/20/98 ORDINANCE NO. 11609 AN ORDINANCE AMENDING SECTIONS 55-1 AND 55-10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DEFINING GOVERNMENTAL AGENCY AND PROVIDING A MECHANISM WHEREBY CITY BUILDING PERMITS MAY BE ISSUED FOR CONSTRUCTION OF IMPROVEMENTS ON GOVERNMENTAL AGENCY -OWNED LAND WITHIN THE BOUNDARIES OF AN APPROVED TENTATIVE PLAT PRIOR TO FINAL PLAT APPROVAL AND RECORDATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of the City of Miami prohibits the issuance of building permits for any structure, or other on -site improvements, on any land within the boundaries of an approved tentative plat prior to final plat approval and recordation thereof in the public records of the County; and WHEREAS, funding requirements, development agreements and other commitments for projects on governmental agency -owned land within the boundaries of an approved tentative plat may necessitate that construction of improvements on said land commence prior to final plat approval and recordation thereof; and WHEREAS, several major governmental agency public facility projects located within the boundaries of approved tentative plats are currently in process which require that construction 11609 commence as soon as possible in order to comply with certain development agreements and commitments; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best. interest of the public and general welfare of the City of Miami and its inhabitants to amend the City Code as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Sections 55-1 and 55-10 of the Code of the City of Miami, Florida, as amended, are hereby amended in the following particulars:' "CHAPTER 55 SUBDIVISION REGULATIONS "Sec. 55-1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. 1' 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. - 2 - 11609 0 * if "Sec. 55-10. Building permits; issuance; restrictions; exceptions. . .- iv11 11. •- -. • • 11• • -U-I •� •• - �11-� •-� •.��-• �• - - • • - • - - • .pip• • . .. 11 - - • ' - II ' • - • I • . ri!. - 3 - 116n9 1 ' .-oxv M-••- �. �- •. • •• 09 �- .11- �- - �� •� •. - - • 11 - 4 - 11609 •u .� a •-u_�. .. • �- -- -..-• - .•• Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 27th day of January , 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this loth day of February ATTEST• WALTER J. FOE CITY CLERK ..; X2kVIER L. IUAREZ, MAYOR 5 - 11609 SUBMITTED BY: — - - a ( ; 'J"z— ES J. .E. DIRECTOR PUBLIC WORKS DEPARTMENT YAMIL� MN0 TREHY ASSI T YATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �) A. NN JO S, I I I CI ATTO Y YMT:BSS:W431 - 6 - 11609 CITY OF MIAMI. FLORIDA • 14 INTER -OFFICE MEMORANDUM ° Honorable Mayor and Members of the City Commission DATE : JAN 2 0 i98 - SUBJECT Amendment to City Code Ordinance Amending Chapter55 REFERENCES Jose Garcia -Pedrosa City Manager ENCLOSURES 1r RECOMMENDATION: 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 providing a mechanism whereby building permits may be issued for construction on governmental agency -owned land prior to completion of the platting process. BACKGROUND: The Subdivision Regulations contained in the City Code currently prohibit the issuance of building permits on land within the boundaries of approved tentative plats prior to final plat approval and recording in the public records of Miami -Dade County. The time to complete the platting process may delay the commencement of construction and must be considered in the development process. Funding requirements, development agreements and other commitments for projects on governmental agency -owned land within an approved tentative plat may necessitate that construction of improvements commence prior to completion of the platting process. Several major governmental agency public facility projects located within approved tentative plats are currently in process and are under these constraints requiring that construction commence prior to final plat approval and recordation. The attached Ordinance will provide a mechanism whereby building permits may be issued for construction on governmental agency -owned land within the boundaries of an approved tentative plat prior to final approval and recording of the plat. The proposed Ordinance will require the governmental agency to enter into an agreement with the City and establishes the conditions for issuance of a building permit prior to completion of the platting process. .1609 RiSitn of , itt� WALTER J. FOEMAN City Clerk May 13, 1998 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11605 11607 11608 :1`1" 11610 11611 11612 11613 11614 11615 11616 11617 11618 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk 4� Deputy City Clerk RECEIVED BY: DATE: Eric. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 ?lJ,t#g of �t�tm� i Or WALTER J. FOEMAN City Clerk May 13, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12`h Street Room 8100 (8`' Floor) Miami, FL 33125 Dear Ms. Maldonado: JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11605 11607 11608 1109.-, 11610 11611 11612 11613 11614 11615 11616 11617 11618 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerl Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 WALTER J. FOEMAN City Clerk May 13, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson 105E GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11605 11607 11608 J:M9 11610-11611 11612 11613 11614 11615 11616 11617 11618 If I can be of any further assistance, please do not hesitate to call. Yours truly, 4v�iGal I astegaui - A In nso Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 C7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11609 In the...........XXXXX..................... Court, was pybllsheg In aaid nTpaper In the Issues of Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of rtlsement; and affiant further says that she has neithe al nor promised any person, firm or corporation any co t, rebate, commission o refund for the purpose of s cu g this advertisement for ublication in the said ne p er. 2z"lol� 1U, 1-8Sw V etq_ and rusar bed before me this.. ...... day of ......................... A.D. 19...... L SPRY PVe OF ldAL*NOTARY SEAL (SEAL) O �� CHERYL H MAR t 7 0 COW.!Sq(?N NUMBER Sookle Williams perso $1 !o s. N, CC545384 �! `4 MY COMMISSION EXPIRES `cOF F\.O APR, 12,2000 LEGAL NOTICE All interested persons will take notice that on,.the .ibt`h "day ;of -February, ,1998; the .City Commission of Miami, -Florida, adopted- the following titled ordinances:" _ . M1.. ORDINANCE NO. 11605 AN ORDINANCE AMENDING SECTIONS.2=1.052 AND 2- 1053 OF -THE CODE -OF -THE "CITY OF MIAMI, FLORIDA, AS AMENDED, TO DECREASE THE NUMBE9-OF-BOARD MEMBERS ON THE OVERTOWN ADVISORY BOARD AND THE, MEMBERS.REQUIRE.D FORA QUORUM FOR SAID- BOARD;,CONTAINING A•REPEALER PROVISION, A SEV".- ERABILITY CLAUSE, AND PROVIDING FOR AN EFFEC- TIVE DATE. ORDINANCE NO. 11606 AN 'ORDINANCE:'= ESTABLISHING A NEW '-SPECIAL REVENUE" FUND ENTITLED: "SOLID WASTEREDUCTION RECYCLING-, AND EDUCATION (FY'98)" AND: ,APPRO- PMATING'FUNDS•FOR.THE DEVELOPMENT,AND,IMPLE-; MENTAT,ION OF: SAME, IN"THE AMOUNTT{OF $275,573.00j:^ CONSISTING OF A SOLID: WASTE MANAGEMENT RECY -. CLING PROGRAM "GRANT FROM- THE" STATE OF FLORIDA DEPARTMENT' OF ENVIRONMENTAL REGULA- TION;-AUTH6RI2ING THE CITY MANAGER TO ACCEPT .SAID ..GRANT AWARD -AND TO EXECUTE THE NECES= 'SARY DOCUMENTS; :IN'A FORM ACCEPTABLE'TO THE CITY. ATTORNEY; FOR -SAID PURPOSE; CONTAINING A REPEALER P90VISIORAND A SEVERABILITY CLAUSE: -ORDINANCE NO. 11607 AN -;ORDINANCE :AMENDINGi CAPITALG IMPROVEMENTS a-,-+ ORDINANCE NO :11337; AS AMENDED, ADOPTED JANU- ARY 25, 1996,, THEREBY.'CONTINUING AND REVISING PREVIOUSLY APPROVED�'SCHEDULED CAPITAL IM- PROVEMENT PROJECTS FOR FY '97-98; CONTAINING A REPEALER PROVISION AND.A SEVERABILITY. CLAUSE"'.. -AND'. PROVIDING FOR,AWEFFECTIVE DATE.: ORDINANCE NO. 11608 _ AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE CITY .OF MIAMI,*-GENERAL EMPLOYEES' `AND -,-.SANITATION,EMPLOYEES!. RETIREMENT ,TRUST. (".GESE, TRUST'.'); MORE PARTICULARLY'AMENDING SECTION 40- 250 PROVIDING FOR THE REJECTION OF -MEMBERSHIP 'BY' ASSISTANT' CITY `MANAGERS AND ' SPECIAL AS "•SISTANTS TO THE *CITY .MANAGER; -CONTAINING A..-."' REPEALER'P,ROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. - -- 0 .. AN •ORDINANCE AMENDING SECTIONS 55-1'AND 55-10.,_ OF THE CODE OF THE CITY OR.MIAMI, FLORIDA, AS -- AMENDED, DEFINING GOVERNMENTAL AGENCY. AND PROVIDING •A MECHANISM- WHEREBY, CITY ;BUILDING • -PERMITS MAY -BE ISSUED. FOR' CONSTRUCTION OF:' IMPROVEMENTS ON GOVERNMENTAL AGENCY -OWNED -LAND "WITHIN 11 THE BOUNDARIES -OF .AN APPROVED ——- TENTATIVE PLAT PRIOR TO FINAL- PLAT:APPROVAL•AND. - RECORDATION; CONTAINING A REPEALER R5OVISION A AND SEVERABILITY CLAUSE; AND PROVID FOR AN EFFECTIVE DATE. .. �O'\� fey. Said ordinances may"be inspected by the p �t th Office fi�Fie V4 City Clerk, 3500_Pan American"Drive, Miami 6'%onday rough Friday, excluding holidays' between the how � 88 k,. and / WAL J..FON CITIERKq� �:(#4767) . ' •-2118 _____ 98=4-021829M_ • r u MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE AMENDING SECTIONS 55-1 AND 55-10 OF THE CODE in the ...................... XXXXXXX................................ Court, was published in said newspaper in the issues of Jan 30, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 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 she has neither paid nor promised any person, fi or corporation any discount bate, commissio and r the purpose of securi this advertise o ublicat n in the said news er. - i_ �i Swo and subscribe e e e this 30 wary 98 d�Y of ............. ....................... , A.D.19...... (SEAL) I OFFICIAL NOTARY PRY PV Octelma V. Ferbeyre pef � know* me>JANETT LLERENA COMMISSION NUMBER CC566004 FOF FLOC\ JUNE 23 20010ES NOTICE OF PROPOSED ORDINANCES Notice is hereby given that: the ,City Commission of the City, of Miami, Florida, will .consider the following ordinances on second and final reading'on February 10, 1998,•commencirig at40:00 a.m., in the City Commission Chambers, 3500 Pan American Drive',. Miami - Florida: Florida: ORDINANCE NO. AN 'ORDINANCE AMENDING -SECTIONS 2-1052 AND 2- `1053 OF THE CODE: OF THE.CITY OF MIAMI, FLORIDA, AS AMENDED', TO DECREASE THE NUMBER OF BOARD ;MEMBERS ON THE OVERTOWN, ADVISORY BOARD.AND THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM FOR SAID BOARD; CONTAINING ,A REPEALER PROM-. SION, A, SEVERABILITY CLAUSE, AND PROVIDING FOR -AN EFFECTIVE DATE. -ORDINANCE NO. `'AN ORDINANCE. ESTABLISHING A ' NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION RECYCLING AND EDUCATION (FY'98)' AND APPROPRI- ATING FUNDS FOR THE _DEVELOPMENT AND IMPLE- MENTATION OF SAME IN`.THE AMOUNT OF $275,573.00, CONSISTING OF A SOLID`WASTE MANAGEMENT RECY- CLING PROGRAM GRANT FROM THE STATE OF FLOR=- IDA DEPARTMENT OF ENVIRONMENTAL REGULATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID :GRANT AWARD -AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM 'ACCEPTABLE TO THE CITY , ATTORNEY, FOR- SAID. • PURPOSE;. -CONTAINING A REPEALER PROVISION -AND A SEVERABILITY CLAUSE. 'AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO.'11337, AS AMENDED, ADOPTED JANU- ARY- 25, 1996, THEREBYCONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IM `PROVEMENT PROJECTS FOR FY '97-98; CONTAINING A i REPEALER PROVISION AND A SEVERABILITY- CLAUSE ANDPROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. `AN ORDINANCE AMENDING THE CITY CODE RELATED `TO THE CITY OF MIAMI GENERAL EMPLOYEES' -AND SANITATION EMPLOYEES' RETIREMENT TRUST (°GESE TRUST"); MORE PARTICULARLY AMENDING SECTION 40= 250 PROVIDING ,FORs'.THE.REJECTION OF MEMBERSHIP BY -ASSISTANT CITY MANAGERS AND SPECIAL ASSIST -.- THE CITY MANAGER; CONTAINING A REPEAL- 'II t ER PROVISION AND A SEVERABILITY CLAUSE -- - ` ORDINANCE NO: !/4p AN ORDINANCE AMENDING SECTIONS 554+ AND 55-10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS, AMENDED, DEFINING GOVERNMENTAL AGENCY AND PROVIDING A MECHANISM WHEREBY CITY BUILDING PERMITS MAY BE ISSUED FOR CONSTRUCTION OF IMPROVEMENTS ON GOVERNMENTAL AGENCY -OWNED LAND WITHIN THE BOUNDARIES OF AN APPROVED, TENTATIVE PLAT PRIOR TO FINAL PLAT APPROVAL AND RECORDATION; CONTAINING A- REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE:. Said proposed ordinances may be inspected by the public at,the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, i Monday_through Friday, excluding holidays, between -the hours of S a.m. and 5 p.m. All interested persons may appear at,the meeting and be heard with r respect to the proposed ordinances. Should any person desire. to k appeal any decision of the City Commission with respect to any matter i to be considered at this meeting,' that .person, shall ensure that .a I ...._ ....:...........a s tke n.n..nuriinne ie maripdnnhirlinn all testimonv and