HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16423
Date: 07/26/2024
Commission Meeting Date: 07/25/2024
Requesting Department: City Commission
Sponsored By: Christine King
District Impacted: All
Type: Resolution
Subject: RTZ Designation of Commissioner for Settlement Negotiations
Purpose of Item:
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Background of Item:
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Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the City Attorney
Office of the City Clerk
Reviewed B
Maricarmen Lopez
Valentin J Alvarez
Amber Ketterer
Marie Gouin
George K. Wysong III
City Clerk's Office
Meeting
Legislative Division Review
ACA Review
Budget Review
Approved Form and Correctness
Rendered
Completed
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Completed
07/25/2024 9:00 AM
07/31/2024 11:36 AM
08/02/2024 1:20 PM
08/06/2024 8:19 PM
08/07/2024 12:15 PM
08/09/2024 4:30 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0312
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16423 Final Action Date:7/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING AND
AUTHORIZING MAYOR FRANCIS X. SUAREZ TO PARTICIPATE IN SETTLEMENT
NEGOTIATIONS ON BEHALF OF THE CITY OF MIAMI IN THE MATTER OF CITY OF
MIAMI VS. MIAMI-DADE COUNTY IN THE ELEVENTH JUDICIAL CIRCUIT, CASE
NO. 2023-028335, REGARDING MIAMI-DADE COUNTY LEGISLATION INVOLVING
THE RAPID TRANSIT ZONE, KNOWN AS THE "RTZ."
WHEREAS, Miami -Dade County ("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 Comprehensive Neighborhood Plan, and Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, on November 16, 2023, the City Commission passed Resolution No. R-23-
0522, authorizing 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, by a four -fifths
(4/5ths) affirmative vote, finding 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"; and
WHEREAS, pursuant to Resolution No. R-23-0522, adopted by the City Commission on
November 16, 2023, the City filed a lawsuit in the Eleventh Judicial Circuit seeking damages,
declaratory judgement, and injunctive relief against the County on December 15, 2023,
regarding the County's RTZ, and the County was served with said lawsuit on April 4, 2024; and
WHEREAS, also pursuant to the Florida Governmental Conflict Resolution Act, on April
19, 2024, the City filed an agreed motion to abate the lawsuit, and the lawsuit was abated by the
court; and
WHEREAS, pursuant to the Florida Governmental Conflict Resolution Act, codified in
Chapter 164, Florida Statutes, the City and County held a joint public meeting on March 6,
2024; and
WHEREAS, there have been difficulties in coordinating a second joint public meeting
between the County and City; and
WHEREAS, on July 11, 2024, the City Commission adopted Resolution No. R-24-0271,
by a four -fifths (4/5ths) affirmative vote, finding that the County's continued amendments,
expansions, and enforcement of the RTZ Ordinance and the County's continued issuance of
permits for properties within the City's municipal boundaries to be an immediate danger to the
health, safety, or welfare of the public which 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"; and
WHEREAS, the abatement of the RTZ lawsuit was lifted by the court on July 24, 2024;
and
WHEREAS, a second joint public meeting is set for July 29, 2024; however, the County
has not confirmed their attendance; and
WHEREAS, on July 16, 2024, the County adopted a Resolution authorizing Chairman
Oliver G. Gilbert, III, and the Chairman's Commission staff to participate in settlement
negotiations with the City on behalf of the County regarding the RTZ lawsuit; and
WHEREAS, the City Commission wishes to designate and authorize Mayor Francis X.
Suarez and staff to participate in any settlement negotiations in this matter regarding Miami vs.
Miami -Dade County in the Eleventh Judicial Circuit, Case No. 2023-028335; and
WHEREAS, such participation does not waive any requirement that a potential
settlement be presented to this City Commission for approval; 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 fully set forth in this Section.
Section 2. The City Commission designates and authorizes Mayor Francis X. Suarez
and staff to participate in any settlement negotiations on behalf of the City regarding the RTZ
and said lawsuit. Such participation does not waive any requirement that a potential settlement
be presented to this City Commission for approval.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wyk ng III, C ty ttor -y 8/7/2024