HomeMy WebLinkAboutO-10841J-91-41
11/26/90
ORDINANCE NO. 10841
AN ORDINANCE AMENDING SECTION 54-17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, THEREBY AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO THEREBY PLACE AND ERECT A
FENCE ACROSS NATOMA STREET, TA-LU-GA DRIVE
AND ALATKA STREET AT THEIR INTERSECTION WITH
SOUTH DIXIE HIGHWAY FOR THE ENHANCEMENT OF
PUBLIC SAFETY; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, on January 10, 1974, October 24, 1978 and May 22,
1975 the City Commission authorized the permanent restriction of
vehicular access to Natoma Street, Ta-lu-ga Drive and Alatka
Street, respectively, at their intersection with South Dixie
Highway; and
WHEREAS, no sidewalk exists on the south side of South
Dixie Highway at the aforesaid Intersections and the location of
the existing driving lanes precludes the installation of
sidewalks along the south side of South Dixie Highway; and
WHEREAS, there are no designated pedestrian crosswalks
across South Dixie Highway at any of the aforesaid intersections;
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 Is
Inhabitants to amend the Code of the City of M I am I , Florida, as
amended, as set forth herein:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 54-17 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
particulars: 1/
"Sec. 54-17. Prohibition of vehicular access.
* * * *
Underscored words and/or figures shall be added. The
remaining provisions are now In effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
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(f) The director ofpub IIc works Is authorized to lace
and erect a fence across Natoma Street Ta-lu- a Drive and Alatka
Street at thelr Intersection with South Dixie HI hwav In the Cit
of Miami Florldao for the enhancement of ublic safet
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 effected.
Section 3. All ordinances, or parts of ordinances Insofar
as they are inconsistent or In conflict with are hereby repealed.
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 10th
day
of January 1991.
,
PASSED AND ADOPTED ON SECOND AND FINAL READING this 14th
day of Februar, 1991.
t
XAVIER L. S ARE
MAYOR
4E:
AI
CITY CLERK
SUBMITTED BY:
IS PRIETO-PORTAR, Ph.D., P.E.
DIRECTOR OF PUBLIC WORKS
LEGAL REVIEW:
II,��ViiUW1 l �
G. RIAM MAER \
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AT TO FORM AND
CORRECTNESS:
t
J GE L. NANDEZ
CITY ATTO Y
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10841
CITY OF MIAMI, FLORIDA 10
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members ��� 19gi
Of the City Commission DATE : FILE
SUBJECT ; Amendment to City Code
First Reading of Ordinance
Amending Code Section 54-17
FROM : REFERENCES:
Cesar H. Odio
City Manager ENCLOSURES: Ordinance,
Law Department Opinion
RECOMMENDATION:
The Department of Public Works recommends adoption of an
ordinance Amending Chapter 54 of the Code of the City of Miami
entitled "Streets and Sidewalks" by amending Section 54-17
entitled `Prohibition of Vehicular Access' to allow the
Installation of a fence across Natoma Street, Ta-lu-ga Drive and
Alatka Street at their Intersection with South Dixie Highway.
BACKGROUND:
On January 10, 1974,-October 24, 1978 and May 22, 1975 the City
Commission authorized the permanent restriction of vehicular
access to Natoma Street, Ta-lu-ga Drive and Alatka Street,
respectively, at their Intersection with South Dixie Highway.
The restrictions were In response to excessive volumes of
vehicular traffic entering the North Coconut Grove neighborhood
a-nd concerns about trafflc'safety at these Intersections due to
limited visibility and vehicle speeds along South Dixie Highway.
At a October 14, 1990 North Coconut Grove Crime Watch meeting,
residents from the neighborhood expressed concerns for the safety
Of pedestrians at the closed Intersections. No sidewalk exists
on the south side of South Dixie Highway and the location of the
driving lanes precludes the installation of sidewalks in the
future because of insufficient right of way width. Additionally,
there are no pedestrian crosswalks or traffic signals at these
Intersections to provide safe passage for pedestrians.
A fence across Natoma Street, Ta-lu-ga Drive and Alatka Street at
their intersection with South Dixie Highway will provide a
measure of safety for pedestrians. The Clty's Law Department has
reviewed the Florida Statutes concerning
of the
public right Of. way and has determined that regu Ithe o City has
sufficient authority to take this action. Enclosed is'a copy of
the Law Department's written opinion. ,
108.41
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Luis A. Prieto-Portar DATE November 5, 1990 FLEA-90-840
Director
De artme o ublic Works SU CT: Proposed Fence Across
Public Right of Nay
FROM : o ge L. nandezr�P REFERENCES : Your Memo dated
Ci y Attorn y October 23, 1990
ENCLOSURES:
I have reviewed the request from Commissioner J.L. Plummer
and your memorandum and supporting authorities. It is our
opinion that notwithstanding the prohibition set forth in
Fla. Stat. S861.01, the City may, pursuant to Fla: Stat. 5316.008
adopt temporary regulations as the City may deem necessary to
cover emergencies or special conditions.
Although this is only a preliminary opinion and we shall
continue to research this issue, it is clear that the City has
sufficient authority to take immediate action to physically
restrict pedestrian access when safety concerns or special
conditions warrants such restrictions. As Fla. Stat. S316.008
clearly delegates specific powers to local authorities, including
the restriction of the use of streets as a reasonable exercise -of
the police power, you may wish to consider proposing an amendment
to provide in our local Code specific authority to prohibit
pedestrian access to those streets in question.
I trust this resolves your immediate concern.
Of course, another option that is available would be for the
adjoining property owners to jointly apply to the City to vacate
and close those streets. In this case, the end of the street
after being vacated would. be divided equally between the
adjoining property owners.
GMM:JLF:ra:P628
CC: Commissioner J.L. Plummer i
r7
CJ
10841
CITY OF MIAMI, FLORIDA
FR E C C i ;! EJN)ER-OFFICE MEMORANDUM
iJ Dili li
TO : Matty Hirai ;; ►.�,, DATE : March 22, 1991 A-9,IE-202
Cit Cle `"`��•
d4sN
i Y SUBJECT : Second Reading Ordinance Itej
f' {'l_�. i
_ #lot City Commission Meeting
Jo a L. F of February 14, 1991
FROM : g e nandez REFERENCES:
Fence/Wall Across Natoma
Ci y Attor ey Street, Ta-lu-ga Drive and
Alatka Street
ENCLOSURES: (1 )
i .
i
This will confirm my intention of informing the City
Commission that it must first reconsider its February 14th action
prior to its consideration on Second Reading of the Ordinance
forwarded to you on March 18, 1991.
Upon Agenda placement of the Ordinance, in the form as
attached hereto, the Agenda Office should enclose this memorandum
in the Agenda Packet for the Item. The basis for my request for
reconsideration is set forth below.
At its meeting of February 14, 1991 in its consideration of
Item #10, the City Commission authorized the Public Works
Director to place and erect a fence across certain streets at
their intersections with South Dixie Highway. In moving the Item
as distributed, Mayor Suarez made one "amendment" which would
allow the erection of a permanent wall if the neighbors were
willing to pay for it. Except for a reference to liability
insurance, the transcript of the meeting is otherwise silent in
regard to this Item.
Upon our review of this matter with you and Dr. Prieto, I
need clarification on the following:
(a) Whether the erection of the fences will be at the
City's expense?
( b ) Whether the erection of the wall(s) is to serve as an
alternative to erection of the fences, thereby
eliminating erection of the fences?
(c) If the wall(s) are a true alternative safety measure,
should a time limitation be imposed upon deposit of the
monies for the cost of construction for the wall(s)?
Matty Hirai, City Clerk
March 22, 1991
Page 2
If the answer to all of the above is in the affirmative,
then it would be proper for the City Commission to adopt the
attached approved Ordinance with the Commission furnishing the
time limitation deadline as indicated for the deposit of monies
to cover the cost of construction for the wall(s). Of course, we
will also be able to make floor modifications at that time if so
directed by the City Commission.
RF'C:GMM:ra:P852
Enclosures
cc: Cesar H. Odio, City Manager
Aurelio Perez-Lugones
Legislative Administrator
Dr. Luis A. Prieto-Portar, Director
Department of Public Works
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J-91-241
3/22/91
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 54-17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, THEREBY AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO PLACE AND ERECT A FENCE AT
CITY EXPENSE ACROSS NATOMA STREET, TA-LU-GA
DRIVE AND ALATKA STREET AT THEIR RESPECTIVE
INTERSECTION WITH SOUTH DIXIE HIGHWAY FOR THE
ENHANCEMENT OF PUBLIC SAFETY BY PROHIBITING
PEDESTRIAN ACCESS AT SUCH LOCATIONS; FURTHER,
PROVIDING THAT AS AN ALTERNATIVE MEASURE, A
WALL MAY BE CONSTRUCTED BY THE CITY OF MIAMI,
FLORIDA, AT ANY OR ALL OF SUCH INTERSECTIONS
SUBJECT TO THE CONDITION THAT CONSTRUCTION OF
THE WALL(S) SHALL NOT COMMENCE UNTIL SUCH
TIME AS NEIGHBORS HAVE PLACED ALL FUNDS
NECESSARY TO PAY FOR CONSTRUCTION OF THE
WALL(S) ON DEPOSIT WITH THE CITY OF MIAMI
WITH THE DATE OF , 1991 BEING
ESTABLISHED AS THE DEADLINE DATE FOR SUCH
DEPOSIT(S); CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, on January 10, 1974, October 24, 1978 and
May 22, 1975 the City Commission authorized the permanent
restriction of vehicular access to Natoma Street, Ta-lu-ga Drive
and Alatka Street, respectively, at their intersection with South
Dixie Highway; and
WHEREAS, no sidewalk exists on the south side of South Dixie
j. Highway at the above intersections and the location of the
f
existing driving lanes precludes the installation of sidewalks
along the south side of South Dixie Highway; and
WHEREAS, there are no designated pedestrian crosswalks
s
across South Dixie Highway at any of the said intersections; and
' WHEREAS, the City Commission, after careful consideration
i
of this matter, deems it advisable and in the best interest of
public safety and the general welfare of the city -of Miami and is
inhabitants to amend the Code of the City of Miami, Florida, as
amended, as set forth herein:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 54-17 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars: 1/
"Sec. 54-17. Prohibition of Vehicular/Pedestrian access.
(f) The director of public works is authorized to place and
erect a fence at city expense across Natoma Street Ta-lu- a
Drive and Alatka Street at their intersection with South Dixie
Highway in the city of Miami, Florida,
for the enhancement of
public safety by prohibiting pedestrian access at these
locations. It is further rov'
f ided that as an alternative
measure a wall may be construct ed b the city at any or all of
such intersections subject to the condition that construction of
the wall(s) shall not commence until such time as neighbors have
placed all funds necessary to oay for construction of the wall(§)
on deposit with the City of Miami, with the deadline for such
deposit(s) being hereby established as
1991."
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
:s
effected.
Section 3.
All ordinances, or parts of ordinances
insofar as they are inconsistent or in conflict with are hereby
repealed.
Section 4. This Ordinance shall become effective thirty
days after final reading and adoption hereof, pursuant to law.
i.
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1/ Underscored words and/or figures shall be added
remaining provisions are now in effect and remain unchanged• Asterisks indicate omitted and unchanged material.
- 2 -
PASSED ON FIRST READING BY TITLE ONLY this 10th day of
January , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of 1991.
ATTEST:
MATTY HIRAI
CITY CLERK
SUBMITTED BY:
LUIS A. PRIETO-PORTAR, Ph.D., P.E.
DIRECTOR OF PUBLIC WORKS
PREPARED AND APPROVED BY:
G.L MIRIAM MAE
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A fl**A r -.1,11
L. ERNAND
TTO EY
782
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XAVIER L. SUAREZ, MAYOR
CITY OF MIAMI. FLORIDA
R E::. C MW"FICE MEMORANDUM
TO: Matty Hirai
CtyCleri
4Jge nad zFROM
DATE : March 18, 1991 &I-E91-202
11. SUBJECT: IFSecond Reading Ordinance, Iten
\10 I #10; City Commission !Meeting c
February 14, 1991
C i ty . At to .ney REFERENCES: Fence Across Natoma .Street,
ENCLOSURES: Ta-lu-ga Drive and Alatka
Street
The City Commission's action on the referenced Item at its
February 14, 1991 Meeting was equivocal and therefore cannot be
considered as resulting in definitive legislation. Accordingly,
your characterization of Commission action taken should be
reflected as only a Motion and the ordinance number assigned by
you (No. 10841) will have to be voided unless you make the number
available for assignment to the attached ordinance after its
adoption.
To secure the City Commission's accurate expression of its
intent, I am submitting for Second Reading the attached proposed
I ordinance which permits the erection of a fence by the City at
the City's expense at the referenced intersections and also
provides that as an alternative measure a wall may be constructed
in lieu of the above -referenced fence at those intersections
subject to the requirement that construction of the walls not
commence until such time as neighbors have placed all required
funds for said construction on deposit with the City. No time
limitations has been set for the deposit of the funds.
The City Commission action on February 14, 1991 is being
considered as a First Reading because the meeting transcript
reveals that the Commission may well have intended that at such
time as the neighbors pay for their construction the walls can be
placed at the referenced intersections to replace fences. If a
true alternative measure is intended, the City Commission may
wish to fix a deadline date for the deposit of wall construction
costs.
We are informing the Agenda Office by a copy hereof that
this Ordinance should appear on an upcoming agenda as a Second
Reading. Of course, the attached ordinance will have to be
properly advertised as such.
GMM:ra:P824
-`1
! Matty Hirai, City Clerk
March 18, 1991
Page 2
ec: Mayor Xavier L. Suarez
Vice -Mayor J.L. Plummer, Jr.
Dr. Miriam Alonso, Commissioner
Commissioner Miller J. Dawkins
Commissioner Victor H. DeYurre
Cesar H. Odio, City Manager
Aurelio Perez-Lugones
Legislative Administrator
Dr. Luis A. Prieto-Portar, Director
Department of Public Works
r
J-91-241
2/14/91
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 54-17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, THEREBY AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO PLACE AND ERECT A FENCE
ACROSS NATOMA STREET, TA-LU-GA DRIVE AND
ALATKA STREET AT THEIR RESPECTIVE
INTERSECTION WITH SOUTH DIXIE HIGHWAY FOR THE
ENHANCEMENT OF PUBLIC SAFETY; FURTHER,
PROVIDING THAT AS AN ALTERNATIVE MEASURE, A
WALL MAY BE CONSTRUCTED BY THE CITY OF MIAMI,
FLORIDA, AT SUCH INTERSECTIONS SUBJECT TO THE
CONDITION THAT CONSTRUCTION OF THE WALLS
SHALL NOT COMMENCE UNTIL SUCH TIME AS
NEIGHBORS HAVE PLACED ALL FUNDS NECESSARY TO
PAY FOR CONSTRUCTION OF THE WALL(S) ON
DEPOSIT WITH THE CITY OF MIAMI; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE.
WHEREAS, on
January 10, 1974, October
24,
1978 and
May 22, 1975 the
City Commission authorized
the
permanent
restriction of vehicular access to Natoma Street, Ta-lu-ga Drive
and Alatka Street, respectively, at their intersection with South
Dixie Highway; and
WHEREAS, no sidewalk exists on the south side of South Dixie
Highway at the aforesaid intersections and the location of the
existing driving lanes precludes the installation of sidewalks
along the south side of South Dixie Highway; and
WHEREAS, there are no designated pedestrian crosswalks
across South Dixie Highway at any of the aforesaid intersections;
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 is
inhabitants to amend the Code of the City of Miami, Florida, as
amended, as set forth herein:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 54-17 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars: 1/
"Sec. 54-17. Prohibition of Vehicular access.
(f) The director of public works is authorized to place and
erect a fence across Natoma Street Ta-lu- a Drive and Alatka
Street at their intersection with South Dixie Highway -in the City
of Miami, Florida, for the enhancement of public safety. It is
further Provided that as an alternative measure, a wall may be
constructed by the City at such intersections, subject to the
condition that construction of the walls) shall not commence
until such time as neighbors have Placed all funds necessary to
pay for construction of the wall(s) on deposit with the City. of
Miami.
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
effected.
Section 3. All ordinances, or parts of ordinances
insofar as they are inconsistent or in conflict with are hereby
repealed.
Section 4. This Ordinance shall become effective thirty
days after final reading and adoption hereof, pursuant to law.
PASSED ON FIRST READING BY TITLE ONLY this r day of
, 1991.
1/ 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 -
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of 1991.
ATTEST:
MATTY HIRAI
CITY CLERK
SUBMITTED BY:
XAVIER L. SUAREZ —MAYOR
LUIS A. PRIETO—PORTAR, Ph.D.' P.E.
DIRECTOR OF PUBLIC WORKS
P SPARED AND APPROVED BY:
' G. MIRIAM FVR
CHIEF ASSISTANT CITY ATTORNEY
i
APPROVED AS TO FORM AND CORRECTNESS:
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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
Sookle Williams, who on lath says that she is the Vice
President 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 ML4a
Legal Notice
Re: Ordinance No. 10841
xxx
Inthe ......................................... court,
was published In said newspaper In the Issues of
March 25, 1991
Afflant 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 {gas been entered as
second class mail matter at the post office In Miami In said
Dade Count Florida, for a period of one year next preceding
the first c tlon of the attached copy of advertisement, and
afflani f her ays that she has neither paid nor promisee any
person firm r corporation any discount, rebate, commiaslon
or ref d r the pu ose of securing this advertisement for
public ti In the s newspaper.
*•vpZPnY �Q�*�"��'+
* worn to an'B' scribed before me this
i + *
2591
w . day of .. i a 4f °``..... ,.A.D. 19.......
*
*.#�'*�' .?!-.-�-. ..........
* oOF fl +
(SEAL) ***+wrw++
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
MY COMM. EXP. 4/12/92