HomeMy WebLinkAboutR-75-0023MCeb
12 4O 74
FLORIDA:
RESOLUTION NO
7S1
A RESOLUTION AMENDING RESOLUTION NO. `i2=51 AND
AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF
PUBLIC WORKS OF THE CITY OF MIAMI TO APPROVE,
ACCEPT AND RECORD IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, FUTURE COVENANTS TO RUN
WITII THE LAND RELATING TO THE CONSTRUCTION,
INSTALLATION AND MAINTENANCE OF TEMPORARY
SANITARY SEWERS, LATERALS OR FORCE MAINS,
USING THIS RESOLUTION AS AUTHORITY, WITHOUT
THE NECESSITY OF OBTAINING INDIVIDUAL RESOLU-
TIONS, SUBJECT TO CERTAIN REQUIREMENTS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
"DOCUMENT INDEX
} T E MvM NO._
Section 1. The Director of the Department of Public
Works of the City of Miami be, and he is hereby, authorized to
accept and file in the Public Records of Dade County, Florida,
properly executed Covenants to Run With the Land of the type
attached hereto and made a part hereof, relating to the construction,
installation and maintenance of temporary sanitary sewers, laterals,
or force mains, provided such Covenants have each been approved by
the City Attorney, and further provided that the plans for the
proposed temporary sanitary sewer, lateral or force main have
been investigated and approved by the proper City Department.
Section 2. In conjunction with the granting of author-
ization to the Director of the Department of Public Works of the
City of Miami, as provided in Section 1 hereof, it is directed that
in every case involving a Covenant to Run With the Land, the
following shall be observed and complied with:
1. Each Covenant shall be approved specifically
by the Director of the Department of Public Works.
2, The City Attorney shall only approve the Covenant
as to form.
CITY COMMISSION
MEETING OF
JAN 9 1975
RESOLUTION NO. '
•REMARM:
3. All costs of recording the Covenant shall be
borne by the property owner.
4. The Covenant shall be executed by the fee
simple title owner. An opinion of title shall be
furnished and those persons whose interests are
reflected in the opinion of title shall be
required to sign the Covenant.
Section 3. This Resolution shall be sufficient authority
for recording of Covenants to Run With the Land in the future,
after the requirements of Sections 1 and 2 hereof have been
complied with. The procedures as outlined in Sections 1 and 2
hereof are set forth to alleviate the necessity of obtaining a
resolution from the City Commission on each separate Covenant.
However, in the event an applicant cannot meet the requirements of
Section 2 hereof, he shall have the right to have such matter
submitted to the City Commission for their consideration.
PASSED AND ADOPTED this ° day of JANUARY , 19 75.
PREPARED AND APPROVED BY:
Mikele Carter
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
le9
hn S, Lloyd
ity Attorney
CITY OF MIAMI, FLORft)\
INTER -OFFICE ^CIEMORAND:
TO.
rrz
Honorable Members
of the City Commission
c?'
P. 1.1', Andrews
City Manager
JAN 3 1315
FR r
9 i_ . Execution of Covenants for sidewalk.
curb , gutter and sewer force trains
F :F N: r'.
Section 54-34 of the City Code makes provisions whereby sidewalk, curb
and ratter can be required to be constructed when buildings are constructed
or substantially altered, It also provides conditions wherein the immediate
construction of these improvements can be postponed if the property owner
covenants their future construction when required by the City. Similarly,
but under different circumstances, by Resolution No, 72-51, the City
permits a developer to construct a sanitary sewer force main to serve a
project when the development is located in an unsewered area of the City.
Here again, the property owner is required to execute a covenant requiring
the abandonment of the force main when sanitary sewers are provided in
the area by the City.
At present, the City Code and Resolution No. 72-5I require the City Manager
to accept and execute a covenant postponing the immediate construction of
sidewalk, curb and gutter or allowing the installation of a sanitary sewer
force main.
The administration of this section of the Code and this resolution pertaining
to covenants places an additional work load on the City Manager's office.
It is recommended that the'City Commission adopt the attached Ordinance
and Resolution which will permit the Director of the Department of Public
Works to assume the responsibility for executing and recording Covenants
to Run with the Land.