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Home My WebLink AboutR-80-0452RESOLUTION NO. R i- 1 5 2 A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, FINDING THAT MANY AREAS OF SLUM AND BLIGHT EXIST WITHIN A DEFINED PORTION OF THE CITY= FINDING THAT THE REHA- BILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREAS IS NECESSARY IN THE INTERESTS OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF THE CITY AND ITS RESIDENTS; AND REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, TO ADOPT A SIMILAR RESOLUTION. "DOCUMENT INDEX ITEM NO. cny coMMtssm MEETING OF JUN2 6 1980 8 0 - 4 5 wooturaNNo................ .. .....»................... WHEREAS, the Legislature of the State of Florida enacted the Community Redevelopment Act of 1969 which presently comprises Part III of Chapter 163, F.S.; and WHEREAS, Section 163.335 of the said statute recites: (1) It is hereby found and declared that there exist in counties and municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas con- tributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound growth, retards the provision of housing accommodations, aggravates traffic problems and substantially hampers the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its counties and municipalities shall not continue to be en- dangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities. (2) It is further found and declared that 0 certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, - 2 - 80-452 as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation= that other areas or portions thereof may, through the means provided in this part, be susceptible of conservation or reha- bilitation in such a manner that the conditions and evils enumerated may be eliminated, remedied, or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein autho- rized and the cooperation and voluntary action of the owners and tenants of property in such areas. (3) It is further found and declared that the powers conferred by this part are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised, and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative deter- mination; and WHEREAS, the aforesaid statute authorizes counties and municipalities in the State to create community redevelopment agencies, to develop community redevelopment plans for certain defined areas within their boundaries designated as community redevelopment areas and within which community redevelopment projects may be undertaken in order to eliminate and prevent the development and spread of slum or blighted areas through such measures as "slum clearance and redevelopment in a com- munity redevelopment area, rehabilitation or conservation in a community redevelopment area, or any combination or part thereof in accordance with a community redevelopment plan" (Section 163.340(9), F.S.); and d - 3 - 80-152 f) 4t WHEREAS, there are substantial pockets of slum and blight in that section of the City comprising (a) the juris- dictional area of the City's Downtown Development Authority and (b) the area to the west of the aforesaid Downtown Develop- ment Authority area bounded on the north by N. 17th Street, on the west by W. 7th Avenue and the Miami River, and on the south by the Miami River, which slum and blight the City wishes to remedy and remove through the methods provided in the Community Redevelopment Act of 19691 and WHEREAS, Section 163.355, F.S., recites: No county or municipality shall exercise the authority conferred by this part until after the governing body shall have adopted a resolution finding that: (1) One or more slum or blighted areas exist in such county or municipality; and, (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality; and WHEREAS, the City of Miami wishes to exercise some or all of the powers and duties conferred upon municipalities by the Community Redevelopment Act of 1969 in order to eradicate the slum and blight within the area designated, and therefore wishes to take the prerequisite preliminary steps prescribed in Section 163.355, F.S.; and WHEREAS, the City is also cognizant of Section 163.410, F.S., which states: In counties which have adopted home rule charters, the powers conferred by this part shall be exercised exclusively by the govern- ing body of such county. However, the govern- ing body of any such county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon said county by this part within - 4 - 80-452 the boundaries of a municipality to the govern- ing body of such a municipality. Such a delega- tion to a municipality shall confer only such powers upon a municipality as shall be specific- ally enumerated in the delegating resolution. Any power not specifically delegated shall be reserved exclusively to the governing body of the county; and WHEREAS, the City will appear before the Board of County Commissioners of Dade County at an appropriate sub- sequent time and request that some or all of the powers conferred on the County by the Community Redevelopment Act of 1969 be delegated to the City with respect to the com- munity redevelopment area defined in Section 1 of this Resolution; and WHEREAS, the City wishes to ask the Board of County Commissioners of Dade County to also adopt a similar type of prerequisite preliminary Resolution prir to the City's appearance before the Board of County Commissioners with its request for a delegation to the City of some or all of the redevelopment powers conferred on the County by the Community Redevelopment Act of 1969 to be exercised only in the area designated in Section 1 of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The section of the City of Miami comprising (a) the jurisdictional area of the City's Downtown Develop- ment Authority and (b) the area to the west of the aforesaid Downtown Development Authority area bounded on the north by N. 17th Street, on the west by W. 7th Avenue and the Miami River, and on the south by the Miami River is declared a slum and blighted area. Section 2. The rehabilitation, conservation or -5- 80-152 redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of Dade County and the City of Miami. Section 3. The City, in recognition of the requirements of Section 163.410, F.S., respectfully requests the Board of County Commissioners of Dade County, Florida, to adopt an identical resolution to this Resolution so that a prerequisite preliminary resolution will have been adopted by both the Dade County Board of County Commissioners and the City Commission of the City of Miami prior to the City`s appearance before the County Commission with a request that the County delegate to the City all or some of the powers conferred on the County by the Community Redevelopment Act of 1969 to be exercised only within the community redevelopment area defined in Section 1 of this Resolution.1/ PASSED AND ADOPTED this 26 ^ day of JUNE , 1980. MAURICE A. FERRE T: MAURICE A. FERRE M A Y O R 7LPH G AG. ONGIE, CITY CLEW PREPA AND APPROVED BY: ROB T F. CLARK ASSISTANT CITY ATTORNEY APPWWED) AS TO (RORM ANa--4QORRECTNESS : GEORG V F. KNDthe ATTORNEY 1/ There ction taken to exercise such powers until and undents in the affected area are consulted and haortunity to review all proposed action. -6- I 80- 152 r RAIrFI G. ONGIE v�J (LJ(1� J(1 jv�j City Ckxk MATTY HIRAI ► Assistant City Clerk DEPUTY CITY CLERKS Robert E. Tinsley Georgia M. Little Ilia Teems Sylvia M. Mendoza Evelio Rizo MICROFILM DIVISION July 23, 1980 Dorothy Mown Domingo Acosta Honorable Stephen P. Clark Mayor . Dade County Courthouse, Room #242 Miami, Florida 33130 Dear Mayor Clark: Enclosed herewith please find Resolution No. 80-452 passed and adopted by the City of Miami Commission at its meeting held on June, 26, 1980 which is self- explanatory. Very truly yours, RRLPH G. ONGIE CITY CLERK D • I BY: Gi - Bypia W WHEN Deputy City Clerk RGO:smm Enc?osure NOTE: The above letter was sent also to each of Dade County Commissioners.($) OFFICE OF THE CITY CLERK / City Mall / 35M Pon American Drive / Miami, Florida 33133 / 5794065