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Home My WebLink AboutO-10367ORDINANCE NO, AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI , FLORIDA, AS AMENDED] ENTITLED "ENCROACHMENTS ON OR IN RIGHTS -OF --WAY OR EASEMENTS" TO PERMIT AN ENCROACHMENT WHICH DOES NOT UNDULY RESTRICT USE OF THE RIGHT OF WAY OR EASEMENT AREA WHERE SUCH ENCROACHMENT IS A NECESSARY ESSENTIAL ELEMENT IN THE CONSTRUCTION OF 'AN OTHERWISE AUTHORIZED PEDESTRIAN OVERPASS ABOVE SAID RIGHT -OP -WAY OR EASEMENT AREA, WITH THE HEREIN EXCEPTION BEING SUBJECT TO COMPLIANCE WITH ALL OTHER REQUIREMENTS OF LAW; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAM-I, FLORIDA: Section 1. Section 54.5-15 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:'/ "Section 54.5-15. Encroachments on or in rights - of -way or easements; exceptions. No building or any other type of structure shall be permitted on or in any right-of-way or 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 or easement area where such encroachment is a necessary essential element in the construction of an otherwise authorized pedestrian overpass above said right-of-way or easement area, with the herein exceptions being subject to compliance with all other requirements of law. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 1 Words and/or figures stricken through shall be deleted. Words and/or figures underscored shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 03 J-88-26 1/7/88 ORDINANCE NO, AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF M:IAMI, PUORIDA, AS AMENDED, ENTITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY OR EASEMENTS" TO PERMIT AN ENCROACHMENT WHICH DOES NOT UNDULY RESTRICT USE OF THE RIGHT OF WAY OR EASEMENT AREA WHERE SUCH ENCROACHMENT IS A NECESSARY ESSENTIAL ELEMENT IN THE CONSTRUCTION OF AN OTHERWISE AbTHORIZED PEDESTRIAN OVERPASS ABOVE SAID RIGHT -OE --WAY OR EASEMENT AREA, WITH THE HEREIN EXCEPTION BEING SUBJECT TO COMPLIANCE WITH ALL OTHER REQUIREMENTS OF LAW; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE 'CITY OF MIAMI, FLORIDA: Section 1. Section 54.5-15 of. the Code of the City of. Miami, Florida, as amended, is hereby amended in the following particulars:l/ "Section 54.5-15. Encroachments'on or in rights - of -way or easements; exceptions. No building or any other type of structure shall be permitted on or in any right-of-way or 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 r'ig.ht-of-way or easement area where such encroachment is a necessary essential element in the construction of an otherwise authorized 'pedestrian overpass above said right-of-way or easement area, with the herein exceptions -being subject to compliance with all other requirements of law. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 1 Words and/or'figures stricken through shall be deleted. Words and/or figures underscored shall be added, The remaining provisions are now in effect and remain unchanged, Asterisks indicate omitted and unchanged material, Section 3. if any section, tart of section* patagrat)hs Clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affectedi, This Ordinance shall be operative and the provisions thereof, unless otherwise indicated, shall become effective in accordance with, City Charter provisions, Section 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, welfare and property of the City of Miami. Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 14th day/010f January 1988. ATTEST- MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER ASSISTANT CITY ATTORNEY APPROVED. -AS TO FORM AND CORRECTNESS: LUCIA A. DOUGIERTY CITY ATTORNEY/ GMM/rcl/M261 -2- XAVIER L. S[WREZ, MAYOR 110367 n 10 2 1- #4 W b � 0 r $t' . 10 2 dItY 016 MIAMt, IPL6*)bA IN-ftR,0FPICIt MEMORANOUM Honor6hell ayor and 60C January St 1988 A-87--18 Mombt-4 the City CaMthistion Susiett Miami Detign Cehtet-Emergency ordinance AttenAing Code 554.5-15 D6U rty Lu L)"t� A Ci AyAt�ornt The attached proposed emergency Ordinance provides for an amendment to the Code to permit an encroachment in the right of way or easement area, subject to all requirementg of law, provided that the city Commission determines such encroachment is necessary for the construction of an otherwise authorized pedestrian overpass. LAD/GMM/rcl/P778 enclosure .v ;. r= x ,� _ - , t "�7L �S�.s'f�' 'i i'� � c. �ri*'.�. � rta#�. Y��''Sy1d�as2P• . ,!R++n!,�..,..-,a-<.r.-,:,::ram,:---- MIAMI REVIEW Published Daily except Saturday, Sunday and Lepai Hohdays Miami, Dade Cniinty, Flori(ia 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 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 ip the matter of CITY OF MIAMI ORDINANCE NO. 10367 In the . X..X , X_ Court, was published in said newspaper in the issues of Jan. 28, 1988 Affiant further says that the said Miami Review is a ewspaper published at Miami in said Dade County'Florida, id that the said newspaper has heretofore been conifnuously ibiished in said Dade County, Florida, each day (except iturday, Sunday and Legal Holidays) and has been entered as cond class mail matter at the post office in Miami in said de County, Florida, for a period of one year next preceding i first publication of the attached copy of advertisement; and 'ant i Of says that she has neither paid not promised any son, it or corporation any discount, rebate, commission rot I for the purpose of securing this advertisemenl for fic n in the said ewspaper. tltt•1111 r//� % • •. Swom•to arid•s010c0>ed before me this 4 .� S 1�� ' heryl'-Wa rmer armer • s`i-Gy Irlr�lllc, •State Florida at Large i t mmissi;4Afre,- Aprj[ 1y 4 ,rd`•lj-- it:l51%0 C ITY OF MIAMi, FLOVIIbh LtOAL kbtlC:E All interested persons will take notice that on the 14th day of January, 1988. the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO.10364 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10347, ADOPTED NOVEMBER 19, 1981, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, REAPPROPRIATING VARIOUS AMOUNTS FROM PROJECT NO, 331303, "CITYWIDE NEIGH808HOOO PARK RENOVATIONS" TO SPECIFIC PARK PROJECTS AS RECOMMENDED BY THE PARKS . ADVISORY BOARD, SUBJECT TO APPLICABLE CITY CODE PROVISIONS; CONTAINING, A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 1636S AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORI- DA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELEC- TION AS HEREIN PROVIDED, OF NOT TO EXCEED FORTY MILLION DOLLARS ($40,000,000) STREET AND HIGHWAY IMPROVEMENT BONDS OF THE CiTY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF STREET AND HIGH. WAY IMPROVEMENTS; CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION WHETHER, SUCH BONDS SHALL BE ISSUED; DECLARING AN EMERGENCY TO EXIST AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE, ORDINANCE NO. 10366 AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORI- OA, AUTHORIZING A BOND ELECTION TO BE HELD ON MARCH 8, 1988, WITH RESPECT TO THE ISSUANCE OF NOT TO EXCEED $40,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREON: ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION; ESTABLISHING A FORM OF THE OFFICIAL BALLOT FOR SAID ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH; DECLAR• ING AN EMERGENCY TO EXIST AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.10367 AN ORDINANCE EMERGENCY ORDINANCE AMENDING CHAP- TER 54 OF THE CODE OF THE CITY OF.MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENCROACHMENTS ON OR iN RIGHTS - OF -WAY OR .EASEMENTS" TO PERMIT AN ENCROACHMENT WHICH DOES NOT UNDULY RESTRICT USE OF THE RIGHT OF WAY OR EASEMENT AREA WHERE SUCH ENCROACHMENT IS A NECESSARY ESSENTIAL ELEMENT IN THE CONSTRUCTION OF AN OTHERWISE AUTHORIZED PEDESTRIAN OVERPASS ABOVE SAID RIGHT-OF-WAY OR EASEMENT AREA, WITH THE HEREIN EXCEPTION BEING SUBJECT TO COMPLIANCE WITH j ALL OTHER REQUIREMENTS OF LAW; PROVIDING FOR A, REPEALER PROVISION AND A' SEVERABILITY CLAUSE, i ORDINANCE NO.10368 1 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10145 ADOPTED SEPTEMBER 11, 1986, BY APPROPRIATING THE ADDITIONAL SUM OF $242,315 AT PRESENT ALLOCATED AS REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, $106,359 IN FIFTH (5TH) YEAR AND $135,956 IN SEV- ENTH (7TH) YEAR, SAID AMOUNTS TO BE TRANSFERRED FROM SAiD REVENUE FUNDS AND ALLOCATED AS BUDGET FUNDS IN THE TWELFTH (12TH) YEAR CITYWIDE DEMOLITION OF SUB STANDARD BUILDINGS, PROJECT, TO BE CARRIED OUT BY THE BUILDING AND ZONING DEPARTMENT, FOR THE.IMPLEMEN� TATION OF AN AMENDED TRUST AND AGENCY FUND ENTF TLED:."COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH (12TH) YEAR"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 10369 AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 64.104. ENTITLED "NONSTANDARD STREET WIDTHS", MODIFYING THE WIDTH OF N.E. 32 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2 AVENUE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO, 10370 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, ENTIT(ED "CODE ENFORCEMENT BOARD" OF,THE CODE OF THE.CITY OF MIAMI, FLORIDA, AS AMENDED, BY UPDATING THE , PROVISIONS OF SAID ARTICLE TO CONFORM WITH RECENT CHANGES IN THE FLORIDA LAW GOVERNING LOCAL- CODE . ENFORCEMENT BOARDS; MORE PARTICULARLY AMENDING CODE SECTIONS 2.392, 2.393, 2.394, 2-$95, 2.396, 2.397, 2.398, . AND 099; CONTAINING A REPEAL.ER.PROVISION AND A ¢EV ERABILITY CLAUSE. ORDINANCE NO.1037T AN ORDINANCE AMENDING THE.FOLLOWING SECTIONS QF. CHAPTER 22, ENTITLED "GARBAGE AND TRASH", QF THE,CADE ,. QF THE CiTY QF MIAMI, FLORIDA, AS AMF-NDED: SECTION 4-1 TO DEFINE ANPIO.R CLARIFY "COMMERCIAL ESTABLISH- MENTS"; "CONpOMINIUM5•.', AND "RESIDENTIAL UNIT$ ; SEC., TION 22.12 TO .PRQVIDE FOR A MONTHLY BILLING OF. PIN RATES AND AN. AMENDED ANNUAL. PUBLIC RIGHT-A.F-WAY CLEANING fEE AND TO_AUTHQRi2E THE E6T4_81-ISHMENT QF A & Hf.QId F; F FEES .FAR GOMMERCIAl, GARBAGE SERV ICEt3 +FIJRRIiSNEb .BY THE CiTY W1fElt#'�F3RliI,Qh1�11 "Yll9l�IM.� QH- FRFOUENC`f OF CO14.ECTIPN ;aER1i10ES ,IS RgOpifil*p; SGCl ION 2910 TO I-IMiT THE VOLUME OF BULKY VVApTE PER -- , I PICKUP AND TO AUTHORIZE THE .ESTABLISHMENT OF A SS iFOULT OF FEES FOR ADDITIONAL (SULKY WASTE COI„. tICTION, -$ .Ql ION 2?-28 TO ENLARGE _ ... GE TH.E SCOPE OF FEE$