HomeMy WebLinkAboutO-081752
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ORDINANCE NO.
8175
AN ORDINANCE SETTING FORTH A PROPOSED
CHARTER AMENDMENT AMENDING SECTION 56 OF
THE CHARTER OF THE CITY OF MIAMI BY
DELETING FROM THE DEFINITION OF THE TERM
"HIGHWAY", THE WORDS "BUT NOT EMBRACING
A SIDEWALK" AND BY AMENDING TIE SUBSECTION
UNDER IMPROVEMENTS AUTHORIZED TO BE MADE
UNDER THIS ACT WHICH IS ENTITLED "CLASS I"
TO READ AS FOLLOWS: "CLASS 1. HIGHWAY IMPROVEMENTS
EMBRACE THE GRP,DING, PAVING, REPAVING,
MACADAMIZING AND REMACADAiMIZING OF HIGHWAYS,
WITH NECESSARY DRAINAGE, SEWER INLETS,
MANHOLE AND CATCH BASINS AND, IF THE
COMMISSION SO ORDERS, MAY EMBRACE CURBS
AND GUTTERS, SIDEWALKS AND LANDSCAPING
WHICH IMPROVEMENTS MAY BE FINANCED WITH
ANY FUNDS AVAILABLE FOR HIGHWAY CONSTRUCTION";
PROVIDING THAT THIS CHARTER AMENDMENT SHALL
BE REFERRED TO AS CHARTER AMENDMENT NO. 2;
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS THEY
ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE
AN EMERGENCY MEASURE; DISPENSING WITH THE
REQUIREMENTS OF READING THE SANE ON TWO
SEPARATE DAYS 13Y A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
WHEREAS, it is the desire of the City Commission to
amend Section 56 of the Charter of the City of Miami to
provide that sidewalks and landscaping improvements may be
included as part of highway improvements and may be financed
with funds available for highway construction if the City
Commission so orders;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission of the City of Miami
hereby submits the following proposed charter amendment for
submission to the electors of the City of Miami at the general
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municipal election on November 6, 1973; said provision to
become effective December 1, 1973.
CHARTER AMENDMENT NO. 2
Section 56 of the City of ;Ii3mi Charter, Chapter
10847, Special Acts, Laws of Florida, 1925, as amended or
supplemented, is hereby amended by deleting Section 50(r)
Definitions in its entirety and b7 adding a new Section
56(A) to read as follows:
"(A) Definitions - In this section certain
words and phrases will be used with
the following meanings, unless some
other meaning is plainly intended.
The main divisions of this section are
sometimes herein termed paragraphs and
the divisions of paragraphs are some-
times herein termed subparagraphs.
A local improvement is an improvement
defined by this section and made under
the provisions thereof.
The word commission shall be deemed to
refer to the city commission of the City
of Miami.
A highway is a public way embracing a street,
boulevard, avenue, lane, alley, parkway,
court, terrace, and place.
A sidewalk is a path for pedestrians
along a highway.
A storm sewer is a conduit above or below
ground for the passage of storm water, and
embrace a pumping station and outlet where
deemed necessary; and may also embrace the
building of culverts over or enclosing of
streams where necessary, or advisable to
carry off the storm water.
A sanitary sewer is an underground conduit for
the passage of sewage, and may embrace a
pumping station and outlet where deemed
necessary.
A curb sewer is a sanitary sewer at or near
a curb, instead of at or near the middle
of a highway.
A lateral is a pipe connecting a sewer main
with the line of adjacent property or the
curb line, as the commission may prescribe,
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being either a sewer lateral or a
water lateral, but does not include a
building connection, that is a pipe
extending from a lateral at the property
line or curb line to the house or
plumbing fixtures on the property to
be served.
Improvements authorized to be made under
the provisions of this act are divided
into five classes; as follows:
Class 1. Highway improvements embrace
the grading, paving, repaving, macadamizing
and remacadamizing of highways, with
necessary drainage, sewer inlets, manhole
and catch basins and, if the commission
so orders, may embrace curbs and gutters,
sidewalks and landscaping, which improve-
ments may be financed with funds available
for highway construction.
Class 2. Sidewalk improvements embrace
the grading and construction of sidewalks
and, if the commission so orders, may
embrace curbs and gutters.
Class 3. Sanitary sewer improvements
embrace the construction of sanitary sewers,
the relaying where necessary of streets,
and sideways necessarily torn up or
damaged, and, if the commission so orders,
the laying of sewer laterals, as a
separate improvement, or as part of the
main improvement.
Class 4. Storm sewer improvements embrace
the construction of storm sewers, the re-
laying where necessary of streets and side-
walks necessarily torn up or damaged, and,
if the commission so orders, the laying of
sewer laterals, as a separate improvement,
or as a part of the main improvement.
Storm sewer improvements may also embrace
the building of culverts over or enclosing
the streams where necessary or advisable
to carry off storm water. The word sewer
includes both sanitary and storm sewers unless
.a contrary intention is shown.
Class 5. Water front improvements embrace
the construction of bulkheads, seawalls
and other retaining walls along a bay, river,
canal or lake, with necessary fills and
dredging and may embrace the acquisition
by purchase, condemnation or otherwise, of
land, rights and easements therefor.
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Incidental exnerta.: embraces the fol-
lowing items, incl:ding reasonable
sums paid or credited to the city or
any department thereof for service
rendered by any department or officer
or clerk thereof in connection with
any such items.
Preliminary and other surveys.
Inspection and suDe:intendence of work.
Preparation of plans and specifications
and estimates.
Printing and publishing of notices and
proceedings.
Preparation of bonds.
Interest during construction.
Legal services, abstracts, etc.
Any other expense necessary or
conducting the proceedings and
provided for.
Railroad includes all forms of
by rail, not owned by the City
whether propelled by electric,
or steam power . "
proper in
work herein
transportation
of Miami,
gasoline,
Section 2. The proper city officials are instructed
and directed to take the actions necessary for the submission
of this proposed charter amendment to the electors of the
City of Miami by placing it on the ballot as CHARTER AMENDMENT
NO. 2 in substantially the following form:
Shall Section 56 of the Charter of the
City of Miami be amended by adding the
provision to include sidewalks and land-
scaping as all or as part of highway •
improvements if the City Commission so
orders and further providing that such
improvements may, be financed with any
funds available for highway construction
as mgr��5fully set forth in Ordinance No.
8 dated July 26, 1973?
Section 3. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 4. If any section, sentence, clause,
phrase, or word of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such
holding or invalidity shall not affect the remaining portions
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( f
of this ordinance; and It shall be construed to have been the
intent of the Commission of the City of Miami to pass this
ordinance without such unconstitutional, invalid, or
inoperative part therein; and the remainder of this ordinance,
after the exclusion of such part or parts, shall be deemed
and held to he valid as if such parts had not been included
therein.
Section 5. This ordinance is hereby declared to be
an emergency measure on the ground of urgent public need
for the preservation of peace, health, safety and property
in the City of Miami.
Section 6. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of
not less than four -fifths of the Members of the City Commission.
PASSED AND ADOPTED BY TITLE ONLY this 26th
day of July , 1973.
H. D. SOUTHERN
CITY CLERK
MAURICE A. FERRE
MAYOR
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tvltAMI REVtEWi.
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ap-
peared tePblir theMimi that She
en
Daily Record, a daily (except Saturday, Sunday and
Legal Holidays) newspaper published at Miami In
Dade County. Florida; that the attached copy of edver•
tisement, being a Legal Advertisement or Notice In
the matter of
AdOption of Ordinance No. 8175
City of Miami Charter - Amendment of
Section 56 by Deleting the words,
"OUT NOT EMbRAC i NG A SIDEWALK",
etc.
In the ..... XXX Court,
was published in said newspaper In the Issues of
August I, 1973
Affiant further says that the said Miami Review
and Daily Record Is a newspaper published at Miami,
in said Dade County. Florida, and that the said news-
paper has heretofore been continuously published In
said Dade County Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office in Miami,
In said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copyhof advertisement;
neither ertiement; and afflant further says that
paid nor promised any person. firm
or corporation any dis rebate, commission or
refund for the ppurp of Seco this advertisement
for publication In e_ ISM ewfpa
•
Sworn o and; subscribed before
d \ Au.,gust
ths ry/F it ie orida at Large.
Ith
(SEAL)
My Commission expires September 1. 1973.
CITY OF MIAMI,
I)AT)E COUNTY, F'LORIf)A
LEGAL NOTICE
All interested will take entire•
that on the 26th dny of •Jul•
e,
1973 the •Cimmtceictn + i the Ctty
,,f M'arni, Florida adopted nn
ordinance entitled —
AN (RDINANCE SETTING
H'ORTII .t PROPOSED
('HAP.TER AMENDMENT
AMENDING SECTION 56 OF
THE CHARTER OF THE
CITY OF MIAMI BY DE-
I.F:T'.NG FROM THE DEFI-
NITION OF TIIE TERM
"H1 AWAY". THE WORDS
"BUT NOT EMBR:ICiNG :t
:SIDEWALK" A N I) BY
AMENDING THE SUBSEC-
TION UNDER IMPROVE-
'+1ENTS AUTHORIZED TO
BE M.\DE UNDER THIS
ACT WHICIH I.S ENTITLED
"CLASS I" TO READ AS
FOLLOWS: "CLASS 1.
HIGHWAY IMPROVE-
MENTS EMBRACE TILE
GRADING. PAVING. RE-
PAVING, MACAD.\MiZING
A N D REMACADAMTZING
OF iiIGHWAY€. W 1 T 11
NECF...SSARY DRAINAGE.
SEWER INLETS. MAN-
HOLE AND CATCH BASINS
AND. IF THE COMMISSION
SO ORDERS. 1IAY EM-
BRACE CURBS AND GUT-
TERS, SIDEWALKS A N D
LANDSCAPING W 11 I C H
IMPROVEMENTS MAY BF.
FINANCED WITH ANY
}I'NDS AVAILABLE FOR
HIGHWAY CONSTRUC-
TION"; PROVIDING THAT
THIS CHARTER A1tEND-
MENT SHALL BE REFER-
RED TO AS CHARTER
AMENDMENT NO. 2: RE-
PEALING A I. L ORDI-
NANCES. CODE SECTIONS
OR PARTS THEREOF IN
CONFLICT, INSOFAR AS
THEY ARE IN CONFLICT:
CONTAINING A SEVER -
ABILITY PROVISION: DE-
CLARING T H I S ORDI-
NANCE TO BE AN EMER-
GENCY MEASURE: DIS-
PENSINC WITH TIIE RE-
QUIREMENTS OF READ-
ING THE SAME ON TWO
SEPARATE DAYS BY A
VOTE OF NOT LESS THAN
FOUR-FIFTIIS OF THE
MEMBERS OF THE COM-
M ISSION.
: hirh is designated 'Ordtn1nre
Nn.£415.
H D SOUTHERN
CITY CLERK
CITY OF
MIAMI, FLORIDA
Publicn+lnn of this nntlre nn
tit. 1-t day r.f Ai;:.u:l. 1973.
Ad. N 71:2
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:61thttik NOa
?c`i 'ODDfNANCt Si TTI G FOR'i x A PROPOSED
CtiAR ER Ai•tLNWENT AMLNttn S= :Tt0N 55 OF
Thu tRARTER OF CI T Y OF MIAMI BY
DiELiTIN G FROM THE • DEFINITIONiO_OF THE �TERM
Y
"HIGt A 11 , THE WORDS "BUT NOT EMBRACING
A SIDEWALK" AND BY AMENDINGTHE SUBSECTION
UNDER IMPROVEMENTS AUTHORIZED 70 BE NADs,
UNDER Ti-Is ACT WHICH IS E_;T QED "CLASS II"
TO READ AS FOLLOWS: CLASS 1. HIGHWAY IMPROV2MENTS
EMBRACE Ti E GRADING, PAVING, REPAVING,
MACADAMIZING AND RE.'!ACADA_•! ZI G OF HIGH'WAYS ►
WITH NECESSARY DRAINAGE, SEWER NLETS ,
MANHOLE AND CATCH BASINS AND, _F THE
COMMISSION SO ORDERS, MAY EMBRACE CURBS
AND GUTTERS, SIDEWALKS AND LANDSCAPING
WHICHi IMPROVEMENTS MAY BE FINANCED ANCED WITH
ANY FUNDS AVAILABLE FOR r=."-._-7e A"i CONSTRUCTION";
PROVIDING THAT THIS CHARTER := ENDMENT SHALL
BE REFERRED TO AS CHARTER AMENDMENT NO. 2.
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR AS THEY
ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE
AN EMERGENCY MEASURE; DISPENSING WITH THE
REQUIREMENTS OF RTADING THE SAME ON TWO
SEPARATE DAYS 3Y A VOTE OF NO: LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF HE COMMISSION.
WHEREAS, it is t_r= desire of a City Commission to
amend Section 56 of the Charter of -.he City of Miami to
provide that sidewalks and landscaping improvements may be
included as part of highway improvements and may be financed
with funds available for highway constr::ction if the City
Commission so orders;
NOW, THEREFORE, 3 E IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1, The City Commission of the City of Miami
hereby submits the following po_aosed charter amendment for
submission to the electors of the city nf Miami. at the general
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enicipal 2.1 vcti.on on November 6, 1973; said provision to
hecome effective December 1, 1973.
CEL\RTER AMENDMENT NO. 2
Section 56 of the City of •tiara:L Charter, Chapter
10347, Soecial Acts, Laws of Florida, 1923, as amended or
supplemented, is hereby amended be deleting Section 56(A)
Definitions in its entirety and by adding a new Section
56(A) to read as follows:
"(A) Definitions - In this section certain
words and phrases will be used with
the following meanings, unless some
other meaning is plainly intended.
The main divisions of this section are
sometimes herein termed paragraphs and
the divisions of paragraphs are some-
times herein termed subparagraphs.
A local imorove:rtent is an improvement
defined by this section and made under
the provisions thereof.
The word commission shall be deemed to
refer to the city commission of the City
of Miami.
A highway is a public wav embracing a street,
boulevard, avenue, lane, alley, parkway,
court, terrace, and place.
A sidewalk is a path for pedestrians
along a highway.
A storm sewer is a conduit above or below
ground for the passage of storm water, and
embrace a pumping station and outlet where
deemed necessary; and may also embrace the
building of culverts over or enclosing of
streams where necessary, or advisable to
carry off the storm water.
A sanitary sew,er is an underground conduit for
the passage of sewage, and may embrace a
pumping station and outlet where deemed
necessary.
A curb sewer is a sanitary sewer at or near
a curb, instead of at or near the middle
of a highway.
;. lateral is a pipe connecting a sewer main
with the line or adjacent property or the
curb line, as the commission may prescribe,
r�-
.:Lr:Cj i.'t_ c?r a :ewer l_.'t•Vial Or a
a ?r 1aLor3L , but d.nes not include a
,I:on nection, that l ; l pipe
i:Lor1 a lateral at the property
l_].:_e or curb i L;'!:' to the house or
1Lu1�Jili_� i:1::tures on the )r n ert-, to
be served.
Improvements authorized to be made under
the provi.7i.ions _ this act are divided
into five classes as follows:
Class 1. highway improvement's embrace
the grading, aay.ing, repaving, macadamizing
and remacadarnizing of highways, with
necessary drainage, sewer inlets, manhole
and catch basins and, if the commission
so orders. may :embrace curbs and gutters,
sidewalks and landscaping, which improve-
ments may be financed with funds available
for highway constr•.iction.
Class 2. Sidewalk improvements embrace
the grading and construction of sidewalks
and, if the commission so orders, may
embrace cl.irbs and cutters.
Class 3. Sanitary- sewer imp rovements
embrace the construction of sanitary sewers,
the relaying where necessary or streets,
and sideways necessarily torn up or
damaged, and, if the commission so orders,
the laying of sewer laterals, as a
separate improvement, or as part of the
main improvement.
Class 4. Storm sewer improvements embrace
the construction of story„ sewers, the re-
laying where necessary of streets and side-
walks necessarily torn up or damaged, and,
if the commission so orders, the laying of
sewer laterals, as a separate improvement,
or as a part of the main improvement.
Storm sewer improvements may also embrace
the building of culverts over or enclosing
the streams where necessary or advisable
to carry off storm water. The word sewer
includes both sanitary and storm sewers unless
a contrary intention is shown.
Class 5. Water front improvements embrace
the construction of bulkheads, seawalls
and other retaining :walls along a bay, river,
canal or lae, with necessary fills and
dredging and may embrace the acquisition
by purchase, condemnation or otherwise, of
land, rights and easements therefor.
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ni.,tiraces the o1-
ia, :: ludizg reasonable
aid or credited to the city or
-. ' flepartment thereof for service
r mdered bv .nv decartment or officer
'L.. re ot i..,r connection .,,; L �h
anv such items.
Preliminary 7;1d other surveys.
I _n3pection and si_.erinL_endence o_ woz
:'r:apar ation of plans and :;peci Licaticns
d 1 J L
-.::: tr 1 a �c'� t. e 5
Printing and publishing of notices and
proceedings.
Preparation of bonds.
Interest during construction.
Legal services, abstracts, etc.
Any other eNpense necessary or
conducting the proceedings and
provided for.
Railroad includes all forms of
by rail, not owned by the City
whether propelled by electric,
or ::.team power."
proper in
-.pork herein
trans r.or tation
of i•I i arni ,
gasoline,
Section 2. The proper city officials are instructed
and directed to take the actions necessary for the submission
of this proposed charter amendment to the electors of the
City of Miami bv .'_t on the ballot as CARTER A:1 NDMENT
`'.O. 2 in substantially the following Form:
Shall Section 56 of the Charter of the
City of Miami be amended by adding the
provision to include sidewalks and land-
scape nr4 as all or as part of highway
improvements if the City Commission so
orders and further providing that such
improvements may be financed with any
funds available for highway construction
as more fully set forth in Ordinance No.
dated July 26, 1973?
Section 3. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby r•apealed .
Section 4.
If any saction, sentence, clause,
phrase, or word o: this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such
holding ur invalidity shall not affect tha remaining portions
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}
', nst_ ..cad to have been he
_ ... _ ` : the Commissi,Jn _ C_ t _i" =3'_ to pass �.. iJ
3UCh con3 _i tt..'tiona 1 , Invalid, or
i ai: = f er-; L is ordinance,
.2:.clusion of art arts, ia1.1b9 ci emed
_:nd eld to :e a.Lid 3s .._ such =)art3 had rot :been included
therein.
Section 5.
Th_s ordinance is hereby declared to be
an arier:.;encv measure on -h` round of L:rqant oubiic reed
for tie preservation of ne3ce, health, safety and property
in the Citv or Miami.
Section G. The requirement of reading this ordinance
on separate days is hereby dispensed with by a vote of
not less than four -fifths of the ..embers of the City Commission.
PASSED AND ADOPTED '?i TITLE ONLY - this s .2 �7
ciao 0
, 1973.
EPRE
.•.S A Y 0 R
H. D. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:, %r • /��,' .�,.� /..�
1'.. HarLis Turner
Assistant City Attorney
PE7IE.'iED LY:
John S . Lloyd
Assistant Director of'Law
:\PPROVED AS TO FORM AND CO2 .ECT`1ESS :
Alan H. Rothstein
City attorney
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(`:DINaNCE
8175
AN :?D::IANCE SETTING FORTH
CHARTER ..MENDM `iT A.:1 NDI:iG SECTION . ; OF
ME C:LA TER OF HE CITY U _' :IIAil i 3
i'_:Li::`:'I::G _'i?G.`I THE i`-_I:iITIo`i
1IG11WAY,, , THE WORDS ("3U7 NOT `:13R CI i:G
..I
A SIDEWALK" A`:D i ..:`E NDI iG THE SU-3SECTI l\•J
U:IDE:? ! NP?OVEMEN lS AU i:O_7 I z:D TO 3E iiJu
THIS WHICH IS ENTITLED "CLASS I
ii.IL>;,t tt�:1b ACT !i-�I: �' " 1 "
TO fli AD \S FOLLO iS : "CLASS 1. iIIGirt;a Z�IPRO i ':(�3iIT5
_`'i3i yCis TiE. GRADING, DACJI ;I;, RL' zi:'«
r
MACADAM' 'ZING AND P.c.it\CADAMIZING 11_' .ICIT,VAYS
WITH NECESSARY DRAINAGE, SEWER INLETS,
MANHOLE .:D CATCH :?SINS AND, IF T"2
CO;•1tiIISSION SO ORDERS, 14AY EMBRACE CURBS
AND GUTTERS, SIDE:iALS AND LANDSCAPING
WHIC:I I2•I??OVE CENTS :LAY 13E FINANCED WITH
ANY FUNDS AVAILABLE FOR HIGHWAY CONSTRUCTION";
PROVIDING THAT THIS CHARTER AMENDMENT SHALL
BE REFERRED TO AS CHARTER AMENDMENT NO. 2;
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT, INSOFAR •S THEY
ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE
/1:1 EMERGENCY MEASURE; DISPENSING WITH THE
REQUIREMENTS OF READING THE SAME ON r •;0
? 7:• '"� f� `'' :? , ^T F NOT TN, . N
J L:._.'.. __A L_liJ _J _. � 1�-J :L' Lli ���/1 Ju.?J 1i...a .1
-1-oua-,IFTTIs OF T;IE MEMBERS OF T:'E COMMISSION.
WHEREAS, it is the desire of the City Commission to
amend Section 56 of the Charter of the Citti' of Miami to
provide that sidewalks and landscaping improvements may be
included as part of highway improvements and may be financed
with funds available for highway construction if the City
Commission so orders;
NOW, Tt_E`E_ O?E , BE IT ORDAINED B. THE COMMISSION' ION'
U. '.I':_E CITY OF '1.IA II, FLORIDA:
. The City Commission of the City of Miami
tt• reb_' u%:.;mi s the following owing o Op0sad chid_ tei amendment for
,:,ion to C '.3 c11ec`_ot s of t:le City of Miami at the General
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.Tiny either a ..ewer lateral or a
".eater lateral, but does not include a
bbuildinu connection, that is z pipe
_tte_idiiic from a Lateral at the property
line or curb line =.o !-h= house or
plumbing fixtures on the 7roperty to
be served.
Improvements authorized to .gip made under
the provisions of this act ,re divided
into rive classes as follows!
Class 1. Highway improvements embrace
the grading, paving, repaving, macadamizing
and remacadamizing of highways, with
necessary drainage, sewer inlets, manhole
and catch basins and, if the commission
so orders, may embrace curbs and gutters,
sidewalks and landscaping, ;which improve-
ments may be financed with funds available
for highway construction.
Class 2. Sidewalk improvements embrace
the grading and construction of sidewalks
and, if the commission so orders, may
embrace curbs and gutters.
Class 3. Sanitary sewer improvements
embrace the construction_ of sanitary sewers,
the relaying where necessary of streets,
and sideways necessarily torn up or
damaged, and, if the commission so orders,
the laving of sewer laterals, as a
separate improvement, or as part of the
main improvement.
Class 4. Storm sewer improvements embrace
the construction of storm sewers, the re -
laving where necessary of streets and side-
walks necessarily torn up or damaged, and,
if the commission so orders, the laying of
sewer laterals, as a separate improvement,
or as a part of the main improvement.
Storm sewer improvements may also embrace
the building of culverts over or enclosing
the streams where necessary or advisable
to carry off storm water. The word sewer
includes both sanitary and storm sewers unless
a contrary intention is shown.
Class 5. Water front improvements embrace
the construction of bulkheads, seawalls
and other retaining walls along a bav, river,
canal or lake, with necessary fills and
dredging and may embrace the acquisition
by purchase, condemnation or otherwise, of
land, rights and easements therefor.
7
1.3
11
1 :3
15
16
17
19
20
21
22
23
2-1
25
25
17
fol-
).21.; H=13, r.-2sonable.
paid or _.7r-.!dited to tha city or
dertment- for
h7 or ,..7)ffic--Ir
o- L1.2:7?C'f 7.2nnaction with
anv such items.
Rr-liminary ah 1.ther
Tsrect4:;n id :..-:erintendence
1-srarati::n of .7:.an4 -=.nd z'Pecificltions
;Jr.ri
tr1,2 1)ubLishing of 'latices and
-rocnedin.-4s.
Dr.:paration of
.rnter,,,sr dur±.ng :onstruction.
Lngal services, --,dsractz, ntc.
T\nv other 'necessary or proper in
conductin7 the Proceedings and work herein
provided
Railroad all forms of transportation
bv rail, not owned by the Citv of Miami,
whether propelled Pv .=lectric, gasoline,
cr steam 7-.-ower."
Section 2. T?:-' proner city officials are instructed
and directed to take the actions necessary for the submission
of this proposed charter amendment to the electors o the
City of Miami bv placin it on th2 ballot az CARTE? A;AENDMENT
O. 2 in subsi-antiallv L. 2orm:
Shall Section 56 of the Charter of the
City of Miami be amended by adding the
provision to include '-'.e,w=-1ks and land-
scaping as all or as part of highwav
improvements if the City Cmission so
orders and further Providing that such
improvements mav he financed with any
funds available for highway construction
as moria,fully set forth in Ordinance No.
811 dated LT::*; 11.273?
Section 3. All ordinances, code sections or parts
thereof in conflict hereNNith, ins:far as they are in conflict,
are hereby renealed.
Section 4. If sny ctin, F.?ntonce, clause,
phrase, or word of this ordinance is for an-/ reason hel(2 or
(1,cia,-ad to be unconstitutional, inoperati,:e, or void, such
holding or invalidity shall nat afc tIle remaining portions
5
6
7
3
q
10
11
13
14
13
�6
17
13
19
20
21
22
23
74
25
2r
O_ this ordinance: :and it .;hall be constr'.:ed to have been the
i.?? nt of the Commission of the Ci t" of Miami rni to pass this
ordinances without such unconstitutional, invalid, or
inoperative part therein; and they remainder o this ordinance,
a.Ltcr the .c1usion o= such 'part or -;,arts, shall be r:eer ed
a, d held to
therain .
valid as if such rart3 had not been included
Section 5. This ordinance is hereby declared 'co be
an emergency measure on the Ground of urgent public need
for the preservation of peace, health, safety and property
in the City of Miami.
Section 6., The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of
not less than four -fifths of the Members of the City Commission.
PASSED AND ADOPTED BY TITLE O`ZY this
July
day of , 1973.
H. D. SOUTHERN
CITY CLERK
26th
MAURI C E A. FERRE
MAYO R