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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15092 Date: 11/17/2023 Commission Meeting Date: 11/16/2023 Type: Resolution Subject: Resolution - RTZ Expansion Budget Impact Analysis Total Fiscal Impact: Legislative Division City Commission Legislative Division Office of the City Attorney Office of Management and Budget Office of the City Attorney Office of the City Clerk Valentin J Alvarez Nicole Ewan Valentin J Alvarez Marguerite Snyder Marie Gouin Victoria Mendez City Clerk's Office Requesting Department: City Commission Sponsored By: District Impacted: All Reviewed B Legislative Division Review Meeting Legislative Division Review ACA Review Budget Review Approved Form and Correctness Rendered Completed 12/13/2023 1:01 PM Completed 11/16/2023 9:00 AM Completed 12/13/2023 1:02 PM Completed 12/14/2023 9:04 AM Completed 02/05/2024 7:50 PM Completed 02/08/2024 4:25 PM Completed 02/09/2024 9:33 AM City of Miami Legislation Resolution Enactment Number: R-23-0522 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15092 Final Action Date:11/16/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, TO ADDRESS THE EFFECT ON THE CITY OF MIAMI'S ("CITY") RESIDENTS CAUSED BY MIAMI-DADE COUNTY'S ENACTMENT, AMENDMENT, AND EXPANSION OF THE RAPID TRANSIT ZONE ("RTZ") TO, AND THE PREEMPTION OF THE CITY'S AUTHORITY OVER, PROPERTIES WITHIN THE CITY. WHEREAS, Miami -Dade County has enacted and amended Section 33C of the Miami - Dade County Code of Ordinances ("RTZ Ordinance") to establish and expand the Miami -Dade County Rapid Transit Zone ("RTZ"); and WHEREAS, the RTZ Ordinance, infringes on the City of Miami's ("City") Home Rule authority to, among other things, enact and enforce ordinances and land use regulations regarding permitted uses, municipal fees, building standards, subdivision regulations, fire safety, and land use and zoning regulations; and WHEREAS, these enactments, amendments, and expansions of the RTZ have abrogated the City's constitutional and statutory Home Rule authority and violate the Florida Constitution, Florida law, the Miami -Dade County Charter; the City's Code of Ordinances; the Miami Neighborhood Comprehensive Plan, and the Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the RTZ Ordinance will adversely impact the provision of critical City services (both within the RTZ and within the City as a whole) including but not limited to stormwater services, fire safety, police services, parking, traffic management, and park space; and WHEREAS, due to the RTZ Ordinance, the County has increased the cost to the City of providing services while at the same time depriving the City of the collection of fees to mitigate the cost of providing municipal services; and WHEREAS, the RTZ Ordinance violates the City's authority to provide a higher level of service to those who reside, work, and visit the City; and WHEREAS, the County's enactment, amendment, and expansion of the RTZ has a detrimental impact on the health, safety, and welfare of those who reside, work, and visit the City of Miami; and WHEREAS, the County is presently implementing the RTZ Ordinance and has advised the City of numerous additional properties that it will seize from the City under the auspices of the RTZ Ordinance; and WHEREAS, the City and the County have been participating in the governmental conflict resolution process pursuant to Chapter 164, Florida Statutes, as authorized by the Miami City Commission under Resolution No. R-22-0468, but the process has not been completed; and WHEREAS, the City Commission finds that the enactment, amendment, and expansion of the RTZ creates an immediate danger to the health, safety, or welfare of the public and requires immediate action before the provisions of Chapter 164, Florida Statutes, are complied with; and WHEREAS, the City Commission finds that significant legal rights will be compromised if a court proceeding does not take place before the provisions of Chapter 164, Florida Statutes, are complied with; and WHEREAS, the City Commission finds that it is in the best interest of the City residents, business owners, visitors, and property owners to authorize the City Attorney to take any and all action(s) necessary, in law or equity, regarding the County's enactment, amendment, and expansion of the RTZ; and WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; 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. The City Commission hereby authorizes' the City Attorney to take any and all action(s) necessary, in law or equity, regarding the County's enactment, amendment, and expansion of the RTZ. Section 3. By a four -fifths (4/5ths) affirmative vote, the City Commission finds that an immediate danger to the health, safety, or welfare of the public requires immediate action and/or that significant legal rights will be compromised if a court proceeding does not take place before compliance with the provisions of Chapter 164, Florida Statutes, the "Florida Governmental Conflict Resolution Act." Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 2/8/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.