HomeMy WebLinkAboutO-11299J-95-548
6/5/95 11209
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 54.5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED:"SUBDIVISION REGULATIONS",
BY AMENDING SECTION 54.5-16 ENTITLED:
"VACATION AND CLOSURE OF RIGHTS -OF -WAY AND
PLATTED EASEMENTS BY PLAT", BY CLARIFYING
THE PROCEDURE AND ESTABLISHING A THREE (3)
YEAR TIME PERIOD THAT CITY COMMISSION
APPROVAL OF A REQUESTED VACATION AND CLOSURE
REMAINS VALID; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, Section 54.5-16 of the Code of the City of Miami,
Florida, entitled "Vacation and closure of rights -of -way and
platted easements by plat" establishes the procedure for the
vacation and closure of any rights -of -way and/or platted
easements, and the reversion thereof to abutting property owners;
and
WHEREAS, said procedure requires a public hearing to be
held before the city commission to determine if the vacation and
closure of rights -of -way or platted easements is in the public
interest; and
WHEREAS, it is necessary to clarify the procedure and
establish a time period during which City Commission approval of
a requested vacation and closure shall be valid; and
WHEREAS, the City Commission, after careful consideration
of this matter, deems it advisable and in the best interest of
public safety and the general welfare of the City of Miami and
its inhabitants to amend the Code of the City of Miami, Florida,
as amended, as set forth herein;
- 1 -
11299
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 54.5-16 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:
1/
"Sec. 54.5-16. 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 54.5-8 through 54.5-15. Approval of
the requested vacation and closure shall be valid for a
period of three (3) 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. If any section, or 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 3. All ordinances, or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
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-
Section 4. This Ordinance shall become effective 30 days
after final reading and adoption hereof, pursuant to law.
PASSED ON FIRST READING BY TITLE ONLY this 1'1th day of
July . 1995.
PASSED AND ADOPTED ON SECOND AND FINAL READING this 14th
day of September 1995.
k" I ,z Z.La-
N P. CLARK
MAYOR
ATTES :
WALTE J OEMAN
CITY CL RK
SUBMITTED BY:
WALDEMAR E. LEE
DIRECTOR OF PUBLIC WORKS
LEGAL REVIEW BY:
tAxx
G. MIRIAM M ER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. NN N S, III
CITY ATTO Y
- 3 -
11299
CITY OF MIAMI, FLORIDA �O
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM
Cesa io
City�Wgver
RECOMMENDATION:
DATE : JUN L b, jgg,
SUFUECT :Ordinance Amending
Code Section 54.5-16
REFERENCES:
ENCLOSURES: Ordinance
FILE :
It is respectfully recommended that the City Commission adopt the
attached Ordinance amending Chapter 54.5 of the Code of the City
of Miami entitled "Subdivision Regulations" by amending Section
54.5-16 entitled "Vacation and closure of rights -of -way and
platted easements by plat" by clarifying the procedure and
establishing a time period that City Commission approval of a
requested vacation and closure remains valid.
BACKGROUND:
Section 54.5-16 of the City Code establishes the procedure for
the vacation and closure of any rights -of -way and/or platted
easements and the reversion thereof to the abutting property
owners. A necessary step in the platting process procedure
requires a public hearing to be held before the City Commission
to determine if the vacation and closure of certain rights -of -way
or platted easements is In the best Interest of the public.
Since factors that affect the public's Interest other than the
technical requirements of a tentative plat are considered In
recommending the closure and vacation of rights -of -way or platted
easements, the determination by the City Commission is
Independent of the tentative plat. Approval of a closure, based
on the City Commislon's findings, should be valid for a certain
time period and any revised tentative plats submitted subsequent
to a decision by the City Commission must be compatible with the
requested closure. The latest tentative plat approved by the
Plat and Street Committee that meets all other technical
requirements of the Subdivision Regulations shall be the official
plat of reference when submitting documents for final plat
approval by the City Commission.
This proposed amendment to Section 54.5-16 of the City Code will
clarify this procedure for requesting the vacation and closure of
rights -of -way and easements by plat and establish a three (3)
year time period that the City Commission approval of a requested
closure remains valid.
112941-1
OLIT-tij of 'ffltztn«
WALTER J. FOEMAN
City Clerk
October 11, 1995
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11293 11298 11299 11300
If I can be of any further assistance, please do not hesitate to call.
Very truly yours,
Valerie Puyans
Deputy Clerk
Enc. a/s
CESAR H. ODIO
City Manager
OFFICE OF THE CITY CLERK/350o Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
Cat#a of ffliaml
WALTER J. FOEMAN
City Clerk
October 11, 1995
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11293 11298 11299 11300
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
DEPUTY L K
RECEIVED BY:
DATE:
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
Q-11-tij Of 'ffltZiU«
V OF
WALTER J. FOEMAN
City Clerk
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
October 11, 1995
CESAR H. ODIO
City Manager
_Enclosed herewith. please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11293 11298 11299 11300
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
BY:
DEPOTTUEERK
RECEIVED BY:
DATE:-
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
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 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, FLORIDA
ORDINANCE NO. 11297
In the ........... XXXXXXX................. Court,
was published in said newspaper in the Issues of
Oct 3, 1995
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 advertisement; and afflant further says that she has
neither paid nor promised any person, firm or corporation
any isc I, rebate, commission or refund for the purpose
of wring this advertisement for publication In the said
ne aper.
Swom ubscribed before me this
3 •"'O to erg 95
...... die of
AGNP E sA
NOT" . L 1 'ST`A'I'F -0 R
(SEAL) �\ COMINGScION NO. CC 1721W
Sookie Williams duo Y COIv MISSION EXP. PN. 63S
CITY OF MIO'lo, a�"�.CIRIDA
LEGAL
All All interested persons will take 1`6600ghat on the 14th day of Sep -
ember, 1995, the City Commission of I4tami, Florida, adopted the fol-
swing titles ordinances:
ORDINANCE NO. 11293
AN EMERGENCY ORDINANCE AMENDING SECTION 2-13 OF
FHE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
NTM-EO: 'ORDER OF BUSINESS AND RULES OF PROCEDURE',
f0 (1) CHANGE THE PROCEDURE REQUIRING THE READING OF
MINUTES AT A COMMISSION MEETING, AND (2) CHANGE THE
TIME AT WHICH ITEMS MAY BE SCHEDULED AT A COMMISSION
MEETING; CONTAINING A REPEALER PROVISION AND A SEV-
RABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE MO.1121114
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
4EVENUE FUND ENTITLED: 'THE UNITY COUNCIL OF MIAMI'
;'TUCOM') AND APPROPRIATING FUNDS RECEIVED AS SPON-
3ORSHIPS AND FINANCIAL SUPPORT FOR THE ORGANIZATION,
DIRECTION, AND OPERATION OF TUCOM; CONTAINNG A RE -
DEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDNANCE NO.11295 . _
AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMEND-
ING ORDINANCE NO. 111137, WHICH ESTABLISHED INITIAL RE-
SOURCES ' AND' INITIAL APPROPRIATIONS FOR A SPECIAL
REVENUE FUND:ENTiTLEO 'OPERATION C.A.R.S., TO PROVIDE
FOR AN INCREASE IN THE AMOUNT OF $44,546 AS THE RESULT
OF A SUCCESSFUL GRANT APPLICATI NN' FROM THE FLORIDA
MOTOR VEHICLE THEFT PREVENTION AUTHORITY, AND
AUTHOIVING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, N A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID GRANT; CONTAINING A RE-
PEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDNANCE NO.11200
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
10934, ADOPTED ON NOVEMBER 14, 1991, WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL APPROPRIATIONS. FOR A
SPECIAL REVENUE FIND ENTITLED. 'DRUG FREE NEIGHBOR-
HOOD TASK FORCE; To PROVIDE FOR AN INCREASE IN THE
AMOUNT OF,$47,090 AS A RESULT OF A SUCCESSFUL GRANT
APPLICATION, AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY DOCUMENTS NECESSARY TO ACCOMPLISH THE ACCEP-
TANCE OF SAID GRANT, CONTAINING A -REPEALER PROVISION
AND SEVERABLITY CLAUSE.
ORDNANCE NO.11297
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF OR-
DINANCE NO. 11205, AS AMENDED, THE CAPITAL IMPROVE-
MENTS APPROPRIATIONS ORDNANCE, THERFSY ESTABLISH-
ING NEW CAPITAL PROJECT NO.311046 ENTITLED. 'MIAMI' RIV-
ERSIDE CENTER ACQUISI'ITOW AND APPROPRIATING FUNDS,
IN THE AMOUNT OF $15,700,000.00, FOR SAID PROJECT; COW
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDNANCE MQ, t1296
AN ORDNANCE AM011161ING SECT"S 354i1,35-92 AND 35-93
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY CHANGING RATES AT CERTAIN ON -STREET PARKING ME-
TERS AND CERTAIN OFF-STREET LOTS, CHANGING THE RATES
AT MUNICIPAL PARKING GARAGES; PROVIDING FOR SAID RATE
CHANGES TO BECOME EFFECTIVE OCTOBER 1, 1995, RATIFY-
ING AND CONFIRMING ALL ACTS OF THE. OFF-STREET PARKING
BOARD AND ITS EXECUTIVE DIRECTOR AS TO RATES HERETO-
FORE CHARGED; FURTHER AUTHORIZING THE OFF-STREET
PARKNG BOARD TO DEVELOP EXPERIMENTAL RATE STRUC-
TURES AND TO INMATE RATES FOR NEW FACILITIES'DURING
THE FISCAL YEAR; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
ORDNANCE N%
AN ORDINANCE AMENDING 54.5 OF THE CODE OF
THE CITY, OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
'SUBDIVISION. REGULATIONS', BY AMENDING SECTION 54:5 16�
ENTITLED: 'VACATION AND CLOSURE OF RIGHTS -OF -WAY AND
PLATTED EASEMENTS BY .PLAT', BY CLARIFYING THE. PROLE-
DURE AND ESTABLISHING A_THREE (3) YEAR TIME PEi31CID'
THAT CITY COMMISSION APPROVAL OF A REQUESTED
V 11 AND CLOSURE REMAINS VALID; CONTAINING A RE-.
P PROVISION AND A SEVERABILITY CLAUSE AND AN EF-'
DATE.
ORDINANCE NO.
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE
TY QF MIAMI, FLORIDA, AS AMENDED, THEREBY AMENDING
3TICLE IV OF CHAPTER 40, ENTITLED: 'PENSION AND RE-
REMENT PLANS, DIVISION 2; CITY OF M1AW'FIRL-MI-ITEMS'
40 POLICE OFFICERS' RETIREMENT TRUST`;;' E PARTICU-
ARLY BY ADDING NEW SECTIONS 40-212(D) `(3r, 40-212(E) (6),
1-212(F) (4). 40-212 (G) (8), 40-212 (1) (4), 40-212'(L) (3), 40-212(P)
0 AMENDING SECTIONS 40-2D0- AND 40-213(C) (17); CONTAIN-
IG A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
ROVIDING'FOR EFFECTIVE DATES;
ORDINANCE NO.11302
AN EMERGENCY ORDINANCE APPROVING CREATION OF A
PECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY
OR THAT AREA OF BRICKELL AVENUE BETWEEN SOUTHEAST
2ND ROAD AND SOUTHEAST 26TH ROAD, FOR PURPOSE OF
ROVIDING TWENTY-FOUR HOUR SECURITY GUARD SERVICE,
UBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI
ND METROPOUFAN DADE COUNTY REQUIREMENTS;. COW
AIIING IA REPEALER PROVISION; SEVERA131UTY CLAUSE, AND
ROVbNG FOR AN EFFECTIVE DATE.
Said ordinances may be inspmted by the public at the Office of the
;ityr Clerk, 3500 Pan American'Drive, Miami, Florida, Monday through
riasy; ezdud ing hotxdays, between the hours of 8 a.m. and 5 p.m.
WALTER J. FOEMAN
(112370) 40ITYCL.ERK
0/3, 95=4-100321M