HomeMy WebLinkAboutO-10868J-91-241
4/11/91
ORDINANCE NO. 10868
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 JULY 4, 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
Highway at the above 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 said 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 COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1.
Miami, Florida,
particulars: 1/
"Sec. 54-17.
Section 54-17 of the Code of the City of
as amended, is hereby amended in the following
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-ga
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 provided that as an alternative
measure, a wall may be constructed by 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 2ay for construction of the wall(s)
on deposit with the City of Miami, with the deadline for such
deposit(s) being hereby established as July 4, 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
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.
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 - 10868
PASSED ON FIRST READING BY TITLE ONLY this loth day of
January , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this llth day of April 1991. oo n
AVIEF V. SUAREZ, MAYOR
ATTES :
L-04�-
MA IRAI
CITY CLERK
SUBMITTED BY:
S PR E 0-PORTAR, Ph.D., P.E.
TRECTOR OF PUBLIC WORKS
PREPARED AND APPROVED BY:
G. MIRIAM MAE
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
r
r
JOR E L. ERNANDEZ
CIT ATTO NEY
GMM/rm 782
_ 3 _ 10868
MIAMI REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before
SookleWilliams, who lon 6athgned tSays ythat shells the Vice
President of Legal Advertising of the Miami Review, a daily
(except
at Miami Sunday Dade County, FloHolidayt)the attached
COPY of advertisement, being a Legal Advertisement of Notice
In the mailer of
CITY OF MIANLMI
Legal Notice
Re: Ordinance No. 10868
Amending Section 54-17, etc.
In the,,,,,,, X X X
was publlshod In said newspaper In the Issues of Court,
April 25, 1991
Afflant further says that the said Miami Review Is a
1paper published at Miami In said Dade County, Florida,
thhat the said news aper has heretofore been contlnuous►v
Ished in said n■�e e... ... __ .
at the post oMlce-ln
a period of one Year
Pcsiony discount, rebateommisn
securing this advertisement forapr.
=4.21
wdria4bDAY
sff
25t ri d befdre me this
'boj 19 �91D
(SEAL) '. OF
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERpEYRE MY COMM. EXP. 7, RE
MATTY HIRAI
City Clerk
r
�t
G110p
e' ve
Oq OP.
CESAR H. ODIO
City Mandger
April 19, 1991
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith please find a co
py of the follo
which amend the Code of the City of Miami, FloridaWing Ordinances
10868 10869
Also enclosed is a copy of Resolution 90-882.
Please acknowledge receipt of same by affixing your signature the enclosed copy of this letter and return n to this ce to
our files. for
1 Thank you.
RECEIVED BY:
DATE:
MH:vg
Enc. ads
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEUPUTY CITY ggR
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233.0708/(305) 579-6065
MATTY HIRAI
City Clerk
{
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t�z�t
Opp
ti
e 96
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q�fCRFL�0.�0
April 19, 1991
CESAR H. ODIO
City Manager
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10868 10869
Also enclosed is a copy of Resolution 90-882.
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.
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY C RK
t
i
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
CITY OF MIAMI, FLORIDA
FR E C E 1 \V/ LjN)ER-OFFICE MEMORANDUM
TO Matty Hirai j,«� : DATE : March 22, 1991 A-9J1E202
Cit Cle +'iS E l ij �I,;(age
Y (•{ t'(`�' SUBJECT : Second Reading Ordinance, Item
#10, City Commission Meeting
of February 14, 1991
FROM: Jo ge L. Fe nandez Pence/Wall Across Natoma
REFERENCES :
Ci y Attor ey Street, Ta-lu-ga Drive and
ENCLOSURES: Alatka Street
(1)
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 followings
(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)?
10868
Matty Hirai, City <.lerk
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.
RFC :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
CITYOFMIAMI, FLORIDA
R E C' AN�' F OFFICE MEMORANDUM
• 4
TO Matty Hirai; ., ,,�
City Cler �� �� i `A14
FROM: Jcfrge L. ernandez
City Atto ney
DATE : March 18, 1991 &-c-91-202
SUWECT:�vr Second Reading Ordinance, Item
14 9 ai #10; City Commission Meeting of
February 14, 1991
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
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
b�N«
Matty Hirai, City Clerk
March 18, 1991
Page 2
cc: 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
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 loth day of
January , 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 EPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
+JRGE PRN
ANDEZ
TT
GMM/rma/M782
10868
- 3 -
J-91-41
11/28/90
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 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. Proh 1 h 1 f 1 r,n
* * *
*
Underscored words and/or figures shall be added. The
remaining provisions are now In effect and remain unchanged.
Asterisks Indicate omitted and unchanged material.
10868 10841
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-Dlxle-Hlghway in the City
of Miami Florida for the enhancement of public safety."
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 adoptlon 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 February 1991>xXAAv
IER L. S ARE
MAYO
ATTE
MA Y HIRAI
CITY CLERK
SUBMITTED BY:
L�11IS PRIETO-PORTAR, Ph.D., P.E.
DIRECTORTOR OF PUBLIC WORKS
LEGAL REVIEW:
ppn
^ 1
G. 1MRIiA(M.
MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AT TO FORM AND
CORRECTNESS:
l
1 GE L. NANDEZ
CITY ATTO Y
- 2 -
10868 10841