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City of Miami
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Ordinance
File Number: 08-01508ct
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY
INCORPORATING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENT
ELEMENT AND 2008-2009, FIVE (5)YEAR SCHEDULE OF CAPITAL
IMPROVEMENTS, AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND
CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 163, Florida Statutes ("F.S."), the Miami Comprehensive
Neighborhood Plan ("MCNP") was adopted by the Miami City Commission pursuant to Ordinance No.
10544 adopted February 9, 1989; and
WHEREAS, Chapter 163, F.S. and Chapter 9J-5, Florida Administrative Code (F.A.C.) require that
each local government annually update its Capital Improvement Element and Five (5) year Schedule
of Capital Improvements to identify the capital improvements that are needed to implement the
adopted comprehensive plan and ensure that adopted Level of Service Standards are achieved and
maintained for concurrency related facilities; and
WHEREAS, the Miami City Commission adopted the Capital Improvements Program 2008-2009
Multi -Year Capital Plan, on November 13, 2008; and
WHEREAS, the City Code in §62-31(e)(4) provides for adoption by the City Commission for
corrections, updates and modifications involving the Capital Improvements element; and
WHEREAS, this is an annual update to the Capital Improvements element per §163.3177(6)(b)(1),
F.S.; and
WHEREAS, the Miami City Commission after careful consideration of this matter deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to amend the
MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA; AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the MCNP, is hereby amended by amending
the Capital Improvements Element text of said Ordinance as attached in "Exhibit A", {1}
Cite of Miami Page I of 2 Printed On: 12/29/2008
File Number., 08-01508ct
Section 3. Upon second reading of this Ordinance, the City Manager is directed to immediately
transmit a certified copy of this Ordinance to: the Secretary, Florida Department of Community Affairs,
and any government agency that has filed a written request with the City for such copy.
Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective as specified herein unless vetoed by the
Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later. {2}
APPROVED AS TO FROM AND CORRECTNESS:
JULIE O. BRU '?}
CITY ATTORNEY
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 2 of 2 Printed On: 12/29/2008