HomeMy WebLinkAboutR-23-0522City of Miami
Resolution R-23-0522
Legislation
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
City of Miami Page 1 of 2 File ID: 15092 (Revision:) Printed On: 7/17/2025
File ID: 15092 Enactment Number: R-23-0522
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 tor
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.
City of Miami
Page 2 of 2 File ID: 15092 (Revision:) Printed on: 7/17/2025