HomeMy WebLinkAboutLegislationFile Number: 10-00173
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING VEHICULAR
AND PEDESTRIAN ACCESS TO A PORTION OF AN "L" SHAPED PUBLIC ALLEY
LOCATED BETWEEN NORTHEAST 34TH STREET AND NORTHEAST 35TH
STREET FROM APPROXIMATELY 450 FEET EAST OF BISCAYNE BOULEVARD
TO ITS INTERSECTION WITH NORTHEAST 35TH STREET, MIAMI, FLORIDA,
SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH
HEREIN.
WHEREAS, property owners abutting the "L" shaped public.alley located between Northeast 34th
Street and Northeast 35th Street, Miami, Florida, have expressed concern about the unsafe condition,
undesirable activities and illegal dumping occurring in the alley; and
WHEREAS, they have requested the City of Miami to restrict access to a portion of the "L" shaped
public alley located between Northeast 34th Street and Northeast 35th Street from approximately 450
feet east of Biscayne Boulevard to its intersection with Northeast 35th Street, Miami, Florida; and,
WHEREAS, the City Commission is empowered, pursuant to § 54-16(h) of the Code of the City of
Miami, Florida, as amended, at an advertised public hearing to prohibit vehicular and pedestrian
access to certain alleys where the City Commission finds, as they do by passage of this Resolution,
that such prohibition is in the best interest of the public;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Vehicular and pedestrian access to a portion of an "L" shaped public alley located
between Northeast 34th Street and Northeast 35th Street from approximately 450 feet east of
Biscayne Boulevard to its intersection with Northeast 35th Street, Miami, Florida, is prohibited, subject
to the following conditions:
a) the Department of Public Works shall approve the design and install a fence and gates to
prohibit vehicular and pedestrian access, ensuring no public access or private use of the
alley unless and until the alley is vacated;
b) access and use of the alley shall be retained for public utilities, emergency response, and
Department of Public Works maintenance crews and equipment;
c) a fence, gates and restricted portion of the public alley shall be maintained by the
Department of Public Works; and
d) expenses resulting from this request for prohibited access shall be borne by the abutting
property owners.
City of Miami Page 1 of 2 File Id. 10-00173 (Version: 1) Printed On: 2/2312010
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Resolution
File Number: 10-00173
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING VEHICULAR
AND PEDESTRIAN ACCESS TO A PORTION OF AN "L" SHAPED PUBLIC ALLEY
LOCATED BETWEEN NORTHEAST 34TH STREET AND NORTHEAST 35TH
STREET FROM APPROXIMATELY 450 FEET EAST OF BISCAYNE BOULEVARD
TO ITS INTERSECTION WITH NORTHEAST 35TH STREET, MIAMI, FLORIDA,
SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH
HEREIN.
WHEREAS, property owners abutting the "L" shaped public.alley located between Northeast 34th
Street and Northeast 35th Street, Miami, Florida, have expressed concern about the unsafe condition,
undesirable activities and illegal dumping occurring in the alley; and
WHEREAS, they have requested the City of Miami to restrict access to a portion of the "L" shaped
public alley located between Northeast 34th Street and Northeast 35th Street from approximately 450
feet east of Biscayne Boulevard to its intersection with Northeast 35th Street, Miami, Florida; and,
WHEREAS, the City Commission is empowered, pursuant to § 54-16(h) of the Code of the City of
Miami, Florida, as amended, at an advertised public hearing to prohibit vehicular and pedestrian
access to certain alleys where the City Commission finds, as they do by passage of this Resolution,
that such prohibition is in the best interest of the public;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Vehicular and pedestrian access to a portion of an "L" shaped public alley located
between Northeast 34th Street and Northeast 35th Street from approximately 450 feet east of
Biscayne Boulevard to its intersection with Northeast 35th Street, Miami, Florida, is prohibited, subject
to the following conditions:
a) the Department of Public Works shall approve the design and install a fence and gates to
prohibit vehicular and pedestrian access, ensuring no public access or private use of the
alley unless and until the alley is vacated;
b) access and use of the alley shall be retained for public utilities, emergency response, and
Department of Public Works maintenance crews and equipment;
c) a fence, gates and restricted portion of the public alley shall be maintained by the
Department of Public Works; and
d) expenses resulting from this request for prohibited access shall be borne by the abutting
property owners.
City of Miami Page 1 of 2 File Id. 10-00173 (Version: 1) Printed On: 2/2312010
File Number.' 10-00173
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU ! 745.
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id.• 10-00173 (Version: 1) Printed On: 212312010