HomeMy WebLinkAboutO-11157J-94-4 41
5/11/94
ORDINANCE NO. 1115
AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY
AMENDING SECTION 54-104 ENTITLED "NONSTANDARD
STREET WIDTHS" BY MODIFYING THE WIDTH OF A
CERTAIN STREET; ESTABLISHING AN EFFECTIVE
DATE; AND CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
WHEREAS, Article V of Chapter 54 of the Miami City Code
establishes base building line locations for all public streets
within the City of Miami; and
WHEREAS, the City Commission approved a Professional
Services Agreement for the creation of a pedestrian mall at
Northwest and Northeast 9th Street between Biscayne Boulevard and
Northwest 3rd Avenue on September 2, 1987, which requires
modifications to the base building line location within the
project area; and
WHEREAS, the dedicated street width of N.W. 9th Street
between N . W 1st Avenue (West) and N.W. 2nd Avenue Is fifty ( 50 )
feet wide; and
WHEREAS, a Federal Urban Mass Transportation Administration
grant has been secured for the construction of the N.W 9th Street
mall between N.W. 1st Avenue (West) and N.W. 2nd Avenue subject
to a fair -share contribution from the City; and
WHEREAS, a portion of said contribution may be the value of
the additional right of way dedicated by the City to develop the
full one hundred (100) foot width of the proposed mall; and
11157
WHEREAS, it is necessary to commit the dedication of the
necessary right of way to construct the proposed mall prior to
June 11, 1994 In order for the City to receive full credit for
the value of the additional right of way necessary to construct
the mall; and
WHEREAS, the land adjacent to N.W. 9th Street between N.W.
1 Avenue (West) and N.W. 2 Avenue was originally purchased by the
City as part of the Southeast Overtown/Park West Redevelopment;
and
WHEREAS, the City Commission, after careful consideration
of this matter, deems it advisable and in the best Interest of
the general welfare of the City of Miami and Its Inhabitants to
amend the City Code of the City of Miami, as amended, as
hereinafter set forth;
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 Ordinance are hereby adopted by reference
thereto and incorporated herein as If fully set forth in this
Section.
Section 2. Section 54-104 of the Code of the City of
Miami, Florida, as amended, Is hereby amended in the following
particulars: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 -
11157
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE V. BASE BUILDING LINES
Sec. 54-104. Nonstandard street widths.
Base building lines shall be located from the centerline as
specified for each of the following streets:
(29.1) 9th Street, N.W. and N.E.,
Biscayne Boulevard to N.W.
1st Avenue (East) and N.W.
2nd Avenue to Interstate 95.............40
(29.2) 9th Street, N.W., N.W. 1st
Avenue (West) to N.W. 2nd
Avenue. .50
................................
* * * * * * * if
Section 3. All ordinances, or parts of ordinances insofar
as they are inconsistent or in conflict with 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 is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of health, safety, welfare and property of the City
of Miami, and upon the further grounds of the necessity to commit
the dedication of the necessary right of way prior to June 11,
1994 to receive full credit for the value of the additional right
of way necessary to construct the mall.
1115'7
- 3 -
Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by a vote of not less
than four -fifths of the members of the Commission.
Section 7. This 0,rdlnance shall become effective
immediately upon Its adoption.
PASSED AND ADOPTED this 9th day of June ,
1994.
STE EN P. CLAR MAYOR
ATT
MA TY HIRAI
CITY CLERK
SUBMITTED BY:
WALDEMAR E. LEE
DIRECTOR OF PUBLIC WORKS
LEGAL REVIEW BY:
LI A at/�
G AYR I AM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
OE
A. QU J 9N P II
CITY ATTOR
11157
- 4 -
(1:14-tv of �i�xmt
MATTY HIRAI
City Clerk
July 26, 1994
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
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:
11157 11159 11160
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
1 f
Valerie Green ood
Deputy Clerk
Enc. als
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
(�i#g of tttmt
MATTY HIRAI
City Clerk
July 26, 1994
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:
11157 11159 11160
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,
MATTY HIRAI
City Clerk
BY:
DEPUTY CLERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 658-1610
40' 41
10.1-i#v of tttxtti
MATTY HIRAI W of tip
City Clerk
a r
nuu nun
July 26, 1994
Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
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:
11157 11159 11160
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,
MATTY HIRAI
City Clerk
BY: &�'�
DEPUTY CLERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 23
Honorable Mayor and Members
of the City Commission
=ROM
Cesa H. O.d i o
City Onager
W
RECOMMENDATION:
DATE Pu i J 1 1994 FILE
SUBJECT Emergency Ordinance Amending
City Code Section 54-104
REFERENCES Northwest 9th Street Ma I I
ENCLOSURES Emergency Ordinance
It is respectfully recommended that the City Commission adopt the
attached Emergency Ordinance amending Chapter 54 of the Code of
the City of Miami entitled "Streets and Sidewalks" by amending
Section 54-104 entitled "Nonstandard Street Widths" by widening
the width of N.W. 9 Street between N.W. 1 Avenue (West) and N.W.
2 Avenue to accommodate and expedite the development of the N.W.
9th Street Mall.
BACKGROUND:
On September 2, 1987, the City Commission approved a Professional
Services Agreement for the creation of a pedestrian mall on N.W.
and N.E. 9 Street between Biscayne Boulevard and N.W. 3 Avenue.
The approved plan requires the right of way to be widened to 100
feet from Its currently dedicated 50 foot width.
The City's Development and Housing Conservation Department has
secured a Federal Urban Mass Transportation Administration grant
to construct the mall between N.W. 1 Avenue (West) and N.W. 2
Avenue subject to a fair -share contribution from the City. The
Metropolitan Dade County Public Works Department will administer
the construction contract. A portion of the City's fair -share
contribution may be the value of the additional right of way
dedicated by the City to develop the full width of the proposed
mall. This land was originally purchased by the City as part of
the Southeast Overtown/Park West Redevelopment. In order to
receive credit for the value of the dedication of the additional
right of way towards the fair -share contribution, it Is necessary
to commit the additional right of way prior to June 11, 1994.
Amending the City Code Section 54-104 entitled "Nonstandard
Street Widths" to increase the zoned width of N.W. 9 Street
between N.W. 1 Avenue (West) and N.W. 2 Avenue will satisfy the
Federal Urban Mass Transportation Administration grant
requirement and enable the City to receive full credit for the
dedication of the additional right of way necessary to construct
the proposed mal I. This Resolution is considered an emergency on the basis
of the need to protect the health, welfare and safety of the residents of the
City of Miami in order that the dedication of the necessary right-of-way take
place prior to June 11, 1994 which is the cut-off date for receiving funding
for the right of way improvements under the Transportation Grant.
1
ii,' 11157
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
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Deily Business
Renew f/kia Miami Review, a dolly (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. 11159
In the .......... XXXXX ..................... Court,
was published In sold newspaper In the Issues of
Jun 17, 1994
Affiant further says that the sold Miami Daily Business
Review Is a newspaper published at Miami In said Daft
County, Florida, and that the said newspaper has heretofore
been continuously published In sold Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second close 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 rllsoment; and afflant further says that she has
nalth nor promised any person, firm or corporation
any soo t, rebate, commission or refund for the purpose
of sou q this adr Rlsement for publication In the said
n ,
Sworn to and subsc before me this
17 June 94
..... ey of ...... g......
FIR S
......... G FNA .....
PUBLIC STATE OF jib'00A
(SEAL N �nozInN NO. CC 17I108 _,
:�a. i1�f0E•M.i?.�.` s
i. b 44
a ► s •�,;
,yi Ole
� ,y - t... a- pis R ',T'-T"""»,
}�"• -- ^.,-