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HomeMy WebLinkAboutR-15-0455City of Miami Legislation Resolution: R-15-0455 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01038a Final Action Date: 10/8/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO AMEND CHAPTER 163, FLORIDA STATUTES, TO ENCOURAGE AND PROVIDE A CLEARER FRAMEWORK FOR THE IMPOSITION OF IMPACT FEES FOR TRANSPORTATION PURPOSES, INCLUDING THE FUNDING OF MASS TRANSIT, BY ADDING TRANSPORTATION AS ONE OF THE ALLOWABLE EXPENDITURE CATEGORIES FOR IMPACT FEES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE FLORIDA LEGISLATURE. WHEREAS, Section 163.3180, Florida Statutes, allows for local governments that do not use a concurrency methodology to impose a mobility fee on new development consistent with the dual rational nexus test applicable to impact fees; and WHEREAS, with the exception of the Interlocal Agreement between the City of Miami ("City"), the School Board of Miami -Dade County and Miami -Dade County, adopted on December 13, 2007 pursuant to Resolution 07-0717, and that relates to public school capacity, the City does not impose concurrency requirements, but instead funds necessary capital improvement attributable to new development by impact fees; and WHEREAS, the imposition of impact fees is authorized pursuant to the Florida Constitution, Article VII, Sections 1(f), 1(g) and 2(b), the Municipal Home Rule Powers Act, Chapter 166, Florida Statutes, as amended, the City of Miami Charter, and the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161, Florida Statutes, et seq., as amended; and WHEREAS, the City urges the Florida Legislature to make changes to Chapter 163, Florida Statutes, to encourage and provide a clearer framework for the imposition of impact fees for transportation purposes, including the funding of mass transit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby urges the Florida Legislature to amend Chapter 163, Florida Statutes, to encourage and provide a clearer framework for the imposition of impact fees for transportation purposes, including the funding of mass transit, by adding transportation as one of the allowable expenditure categories for impact fees. Section 3. The City Commission hereby directs the City Clerk to transmit a copy of this resolution to the members of the Florida Legislature. City of Miami Page 1 of 2 File Id: 15-01038a (Version: 1) Printed On: 3/29/2018 File Number: 15-01038a Enactment Number: R-15-0455 Section 4. The Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 15-01038a (Version: 1) Printed On: 3/29/2018