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Legislation
Ordinance
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Drive
Miami, FL 33133
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File Number: 14-00345 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/ IN GENERAL",
MORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC
ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT
PAVED AND ARE NOT UTILIZED FOR VEHICULAR OR PEDESTRIAN ACCESS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
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 of Miami and its inhabitants to
amend the Code of the City of Miami, Florida, as amended, ("City Code") to close and vacate certain
public alleys that are not paved and are not utilized for vehicular or pedestrian access;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 54/ Article 1 of the City Code, entitled "Streets and Sidewalks/In General",
is amended in the following particulars: {1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE 1. IN GENREAL
Sec. 54-4.1. Public Alleys.
(a) All public alleys that are not paved and are not utilized for vehicular or pedestrian access within
the City, as identified in a marked map located in the Public Works Department, which by
reference is made a part of this section, are closed, vacated, abandoned and discontinued for
the purpose of which they were dedicated to public use subject to the terms and conditions as
set forth in this section.
(b) Utility easement. An easement shall be reserved for the installation, maintenance and
operation of any utility located in or to be located in the alleys vacated by this section, including
the right of the utility to install, maintain, operate, repair and replace any poles, wires, pipes,
conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or
City of Miami Page 1 of 2 File Id: 14-00345 (Version: 2) Printed On: 5/8/2014
File Number. 14-00345
operation of any utility. If the property owners whose land abuts the alley desire that an
easement reservation be released, the property owners must petition the Director of the Public
Works Department in writing to request the release of the easement reservation and, as part of
the petition, the property owners are to submit release letters from all utility companies stating
that said utility company will release any interest in an easement for the closed and vacated
alley. Upon verification of the petition and release letters, the Director of the Public Works
Department may release said easement reservation.
(c) The closure, vacation, abandonment and discontinuance of any alley, public or private, not
identified in subsection (a) of this section must comply with the requirements of section 54-4 of
this chapter.
*II
Section 3. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VI ' ORIA 'ENDEZ
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.
City of Miami Page 2 of 2 File Id: 14-00345 (Version: 2) Printed On: 5/8/2014