HomeMy WebLinkAboutO-11008J-92-624
9/17/92
ORDINANCE NO. 11008
AN ORDINANCE AMENDING CHAPTER 54.5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "SUBDIVISION REGULATIONS",
BY AMENDING SECTION 54.5-15 ENTITLED
"ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC
EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY
ACCESS EASEMENTS; EXCEPTIONS.", BY PROVIDING
A MECHANISM TO PERMIT THE ENCROACHMENT OF A
VEHICULAR OVERPASS ABOVE RIGHTS -OF -WAY,
PUBLIC EASEMENTS OR EMERGENCY ACCESS
EASEMENTS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, Section 54.5-15 of the Code of the City of Miami, Florida,
entitled "Encroachments on or in rights -of -way, public easements, private
easements or emergency access easements; exceptions." establishes a mechanism
to permit certain encroachments above rights -of -way, public easements or
emergency access easements; 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 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.
11008
Section 2. Section 54.5-15 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following particulars J/
"Sec. 54.5-15. Encroachments on or in rights -of -
way, public easements, private
easements or emergency access
easements; exceptions.
No building or any other type of structure shall
be permitted on or in any right-of-way, public easement
or emergency access easement, except required or
approved utility installations, or as may be permitted
under the South Florida Building Code or Chapter 54 of
the Code of the City; however, the city commission by
resolution may permit an encroachment which does not
unduly restrict use of the right-of-way, public
easement or emergency access easement area where such
encroachment is a necessary essential element in the
construction of an otherwise authorized pedestrian
and/or vehicular overpass above said right-of-way,
public easement or emergency access easement area and
the city manager or his designee may permit an
encroachment into a private easement, where said
encroachment is not a safety hazard, subject to receipt
by city of written consent of the holder(s) of the
private easement(s), written releases from all
benefited specified individuals or public or private
entities, or a certification that no such benefited
individuals or public or private entities exist within
the easement, recommendations of approval from the
departments of police, public works, fire, rescue and
inspection services, solid waste, planning, building
and zoning, and an executed hold harmless and
indemnification agreement for the benefit of the city
in a form acceptable to the city attorney, with the
herein exceptions being subject to compliance with all
other requirements of law."
Section 3. 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.
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.
Section 4. All ordinances, or parts of ordinances insofar as they
are inconsistent or in conflict with the provisions of this Ordinance are
hereby repealed.
Section 5. This Ordinance shall become effective thirty days
after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 24th day of
September , 1992.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 8th day of
ATT T
MATTY HIRAI
CITY CLERK
October , 1992.
SUBMITTED BY:
WALDEMAR E. LEE
ACTING DIRECTOR OF PUBLIC WORKS
LEGAL REVIEW BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
IMA/ra/bss/M945
XAVIER L.-EftJAREZ, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
- 3 - 11008
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MATTY HIRAI
City Clerk
October 19, 1992
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
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:
11005
11007 11008
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
PBY• ___
•flEPUTY CITY CLERK
RECEIVED BY:
DATE:
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OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 2SO-5360
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MATTY HIRAI '73
City Clerk ■••!; �• c
'Gf r O.. F
October 19, 1992
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
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:
11005 11007 11008
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• t il -41._ ____
DEPUTY CITY CL RK
RECEIVED BY:
DATE:
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OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0706/(305) 250-5360
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MATTY HIRAI
City Clerk mot,
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October 19, 1992
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
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:
11005 11007 11008
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
&AA4--e e-���
Valerie Gre nwood
Deputy City Clerk
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OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330705/Miami, Florida 33233-0705/(305) 251Y5360
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MATTY HIRAI
City Clerk
October 21, 1992
Mr. Sam Mason
6116 N.W. 7th Avenue
Miami. FL 33127
Dear Mr. Mason:
CESAR H. ODIO
City Manager
Enclosed herein please find a copy of R-92-642 which was passed
and adopted by the City of Miami Commission at its meeting held
on October 8, 1992, reappointing you to serve as a member of the
City of Miami Affirmative Action Advisory Board.
Pursuant to Article II, Section 8 of the Florida Constitution
and/or Dade County Ordinance No. 77-13, as a member of the
Affirmative Action Advisory Board, you will be required to file a
Source of Income Statement form with the Dade County Supervisor,
Elections Department. Their address is: Metro Dade Center, 111
N.W. 1st Street, Suite 1910, Miami, Florida 33128-1993 (Tel: 375-
5553).
Also enclosed is a copy of a memorandum from A. Quinn Jones, III,
City Attorney, dated October 22, 1991, outlining some guidelines
to assist members of City Boards and Committees in complying with
the Government in the Sunshine Law.
Also enclosed, for informational purposes, is another memorandum
from the City Attorney, dated October 22, 1991 on legal
requirements concerning Conflict of Interest and Dual Office
Holding circumstances which may prohibit your membership in said
bodies.
Congratulations on your reappointment.
cerely,
(JL�
ATTY HIRAI
City Clerk
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OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-5360
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MATTY HIRAI
City Clerk ■■■ ; ;,� �■
October 21, 1992
Mr. Wilfredo Gort
1390 Brickell Avenue, Suite 401
Miami, FL 3 131
Dear kzl �t--i
CESAR H. ODIO
City Manager
Enclosed herein please find a copy of R-92-642 which was passed
and adopted by the City of Miami Commission at its meeting held
on October 8, 1992, appointing you to serve as a member of the
City of Miami Affirmative Action Advisory Board.
Pursuant to Article II, Section 8 of the Florida Constitution
and/or Dade County Ordinance No. 77-13, as a member of the
Affirmative Action Advisory Board, you will be required to file a
Source of Income Statement form with the Dade County Supervisor,
Elections Department. Their address is: Metro Dade Center, 111
N.W. 1st Street, Suite 1910, Miami, Florida 33128-1993 (Tel: 375-
5553).
Also enclosed is a copy of a memorandum from A. Quinn Jones, III,
City Attorney, dated October 22, 1991, outlining some guidelines
to assist members of City Boards and Committees in complying with
the Government in the Sunshine Law.
Also enclosed, for informational purposes, is another memorandum
from the City Attorney, dated October 22, 1991 on legal
requirements concerning Conflict of Interest and Dual Office
Holding circumstances which may prohibit your membership in said
bodies.
Congratulations on your appointment.
Sin rely,
MATTY I AI
City Clerk
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�/ OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33733-0708/(305) 2WS360
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
-� FILE
TO Honorable Mayor and Members DATE
of the City Commission
SUBJECT Amendment to City Code
First Reading of Ordinance
Amending Code Section 54.5-15
"ROM REFERENCES:
Cesar H . Od i
City Manager ENCLOSURESOrdinance
RECOMMENDATION:
it is respectfully recommended that the City Commission adopt an
Ordinance amending Chapter 54.5 of the Code of the City of Miami
entitled "Subdivision Regulations„ by amending Section 54.5-15
entitled "Encroachments on orin rights -of -way, public
easements, private easements or emergency access easements;
exceptions" by providing a mechanism to permit the encroachment
of a vehicular overpass above rights -of -way, public easements or
emergency access easements.
BACKGROUND:
The Public Health Trust of Dade County has submitted a Major Use
Special Permit Application for a new vehicular parking structure
for use of the general public at the University of Miami/Jackson
Memorial Medical Center. The development of this parking
structure Is in accordance with the guidelines set forth In the
1991 Jackson Memorial Medical Facility Plan.
The proposed parking structure is to be located on the Highland
Park site on the northeast corner of the Intersection of N.W. 10
Avenue/Bob Hope Boulevard and N.W. 18 Street. An Integral part
of the parking structure plan submitted with the Major Use
Special Permit Application includes a vehicular bridge over the
public right of way of Bob Hope Boulevard connecting the
proposed parking structure on the Highland Park site to the
existing parking structure on the southwest corner of the same
Intersection. The purpose of the vehicular bridge Is to
encourage the general public's utilization of all the available
parking facilities by conveniently and safely connecting the
proposed parking garage to the medical complex and to increase
the safety on the surface public roadways by eliminating
numerous vehicular/pedestrian crossings of Bob Hope Boulevard
and N.W. 18 Street, a concept supported by the Public Works
Department.
Page 1 of 2
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-.6-I
Honorable Mayor and Members
of the City Commission
in order to permit the Installation of a private vehicular
bridge over the public right-of-way, the City Code must be
amended to provide the regulations necessary to safeguard the
general public. The recommended code amendment will permit
the installation of a vehicular overpass above the public
right-of-way after obtaining permission from the City Commission
by Resolution.
Page 2 of 2
2 11008
MIAMI 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 Super-
visor of Legal Advertising of the 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. 11008
X X X
In the ......................................... Court,
was published in said newspaper in the issues of
October 16, 1992
Affiant further says that the said Miami 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 f advertisement; and
affiant further says that she has ps nor promised any
person, qFm or corporation disc nt, bats, commission
or ref d the pur se cu g th advertisement for
pub a n i he sal n sp
.. .........
Sworn to and subscribed before me this
t'Cay of .....Oct . b. �............. A.D. 19.. 92 .
OFF A .................
AGNES E. PENA
(SEA ARY PUBLIC STATE OF FLORIDA
Octal a V. EOItNyf rKtjk VoWpjg3me.
MY COMMISSION EXP. JAN. 6,1995
CITY OF Mlw►�M�l���1�Luwuu#
iiS
LEGAL N � r
All interested persons will take notice that on the ft.. day of
October,1902, the City Commission of Miami, Florida, adopted the
following titled ordinances:
OfWID1kNCE NO.11004
AN ORDINANCE AMENDING ORDINANCE Ma 'tow,
ADOPTER ON FESSIUARY 14, 191H, WHICH ESTABLISHED
INITIAL APPROPRIATIONS. FOR THE COCONUT GROVE
SPECIAL EVENTSDISTRICT FUND—.FY'" RECEIVED
AND DEPOSITED PURSUANT TO ORDINAll NO. 10764,
ADOPTED JULY •'t2, im, TO PROVIDE FOR.Afl kick sE.
IN THE AMOUNT OF ti42,00D AS .A' REStll'T OF ADD*
TIONAL MONIES DEPOSITED IN SAgX FUND 1SIE, TO
SUCCESSFUL COLLECTION OF THE,0000I41UT GROVE
SPECIAL EVENTS DISTRICT SUPPWM0M1l LOW FM
PROVIDING FOR. ;FURTHER APPROPRIATIONS AND
CONTAINM A'NOEALER PROVISION AND SEVERABIL.
ITY CLAUSE.
ORDINANCE NO.11M
AN.ORDINAP CE AMENDING CHAPTER 54-17 OF THE
CODE OF THE MY OF MIAM4 FLORIDA. AS AMENDED,
BY EXTENDING THE DEADLINE 10ATE FOR DEPOSI 0
OF THE. FUNDS NECESSARY TO PAY FOR THE.CON-
STRUCTION OF THE WALL(S) ACROSS NATOMA STREET,
T*LU43A DRIM AND ALATKA STREET TO T14E DATE OF
JANUARY 10 1993; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
' ORDINANCE NO.11909
AN ORDINANCE AMENDING SECTION 1.OF ORDINANCE
NO.10W AS AMENDED, ADOPTED DECEMBER %L 1991,
THE CAPITAL IMPROVEMENTS APPROPRIATIONS
ORDINANCE, BY ESTABLISHING A NEW ENTI-
TLED "PRELIMINARY GENERAL OFBOtOD
-EXPENSES - 1992" PROJECT ko' 911026.IN'THE
AMOPNT,OF i13I1,!)OD; AND APPROPRIATING FUNDS IN
SAID AMOUNT KA SAID PROJECT FROM 1994 }STORM
SEWER G1E 1!RAL OBLIGATION BONO'PROCEEDS;
CONTAIN 'A A REPEALER PROVISM AND A SEVER.
ABILITY CLAUSE.
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ORDINANCE NO. 11007 .
AN ORDINANCE AMENDING CHAPTERS 2 AND 19 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION" .AND "FIRE
PROTECTION", RESPECTIVELY, THEREBY PROVIDING
FOR AN INCREASE IN -FEES FOR INSPECTIONS AND
EXAMINATIONS OF PLANS FOR COMPLIANCE, EMER-
GENCY MEDICAL TRANSPORTATION FEES, AND PERMIT,
TESTS CHARGES AND FEES RELATED TO THE REQUIRE-
MENTS AND ENFORCEMENT OF THE SOUTH FLORIDA
FIRE PREVENTION CODE AND THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED_; MORE
PARTICULARLY BY AMENDING SECTIONS 2.76, 2.83.1,
19.2, 193, 19.5, 1", 19-7,19.9, AND 9.14; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND
ESTABLISHING EFFECTIVE DATES.
ORDINANCE NO.11008
AN ORDINANCE AMENDING CHAPTER 54.5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "SUBDIVISION REGULATIONS", BY AMENDING
SECTION-54.5-15 ENTITLED "ENCROACHMENTS ON OR
IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE
EASEMENTS OR EMERGENCY ACCESS EASEMENTS;
EXCEPTIONS.", BY PROVIDING A MECHANISM TO
PERMIT THE ENCROACHMENT OF A VEHICULAR
OVERPASS ABOVE RIGHTS -OF -WAY, PUBLIC EASEMENTS
OR EMERGENCY ACCESS EASEMENTS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE.
ORDINANCE NO.11009
AN EMERGENCY ORDINANCE AMENDING SECTION 1
OF ORDINANCE NO.1OWS, ADOPTED DECEMBER 5,1991,
AS AMENDED, THE CAPITAL IMPROVEMENTS APPRO-
PRIATIONS ORDINANCE BY DECREASING THE TOTAL
APPROPRIATIONS TO CAPITAL PROJECT ENTITLED
"SCATTERED SITE AFFORDABLE HOUSING DEVELOP-
MENT PROGRAM", PROJECT NO. 321034 IN THE
AMOUNT OF $817,200, APPROPRIATING FUNDS IN THE
AMOUNT OF $2,258,000, AND ESTABLISHING A NEW
PROJECT ENTITLED "SAINT HUGH OAKS VILLAGE
HOUSING PROJECT", PROJECT NO. 321040, FOR THE
PURPOSE OF DEVELOPING TWENTY-THREE (23) NEW
SINGLE FAMILY HOMES ON THE CITY -OWNED ST. HUGH
OAKS PARCEL LOCATED IN THE COCONUT GROVE
NEIGHBORHOOD; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Said ordinances may be inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florklik Monday
through Friday, excluding holidays, between the hours of 8:00 am.
and 5-00 p.m.
MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
10116 6 92-4-101603M
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