HomeMy WebLinkAboutR-75-0293MEA 3 rh
3/25/75
RESOLUTION NO.
75-293
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO FILE AN ACTION AGAINST
TMT TRAILER FERRY, INC. AND FLORIDA EAST
COAST RAILWAY COMPANY TO ENJOIN THE EXPAN-
SION OF THEIR NON -CONFORMING USES IN THE
AREA .COMMONLY KNOWN AS THE P & 0 DOCK
PROPERTIES.
WHEREAS, the City of Miami Comprehensive Zoning
Ordinance No. 6871 provides that the non -conforming use of
land shall not be expanded or extended on either the same or
adjoining land; and
WHEREAS, the City of Miami Building Director has de-
termined that the TMT operation is in violation of the above
provision and that the TMT and the FEC are presently construct-
ing a spur -track on the property commonly known as the P & 0
Dock Properties in violation of the City of Miami Comprehensive
Zoning Ordinance; and
WHEREAS, certified letters have been sent to officers
of both the FEC and the TMT advising them of the violations of
zoning; and
WHEREAS, there has been no indication that either
corporation will comply with the provisions of the zoning
ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized
and directed to file an action against TMT TRAILER FERRY, INC.
and FLORIDA EAST COAST RAILWAY COMPANY to enjoin the expansion
of their non -conforming uses in the area commonly known as
pei ENT INDEX
NO -2- /
1/
CITY COMMISSION
:FTING OF
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PI istiAWik%
the P & 0 Dock Properties.
PASSED AND ADOPTED this 25 day of MARCH.
1975.
H, D. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
Michel E. Anderson
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
/ #
/lohn S. Lloyd - City Att4ney
2
MAURICE A, FERRE.
MAYOR
The honorable Members of
The City Commission
John 5, Lloyd
it st% Attorn
March 25, 1975
Proposed Injunction
Against FEC
Investigation has revealed that TMT Trailers are now
parked on the area adjacent to the FEC property which has been
filled by the FEC and a spur track has been constructed on
this area. This is an extension of a non -conforming use which
is in violation of the City Code.
A complaint for injunction in Circuit Court is the
remedy.
Attention, however, is called to the fact that if
the lower court refuses to grant the injunction the City may
be liable for attorneys' fees which the FEC may become obligated
to pay to their attorneys in defense of the case. If the injunc-
tion is granted and an appellate court later reverses the lower
court, the City could be liable for both attorneys' fees and
other damages which might accrue to the FEC and TMT Trailers by
virtue of a wrongfully entered injunction.
JSL/rr