Ord. No. 39-05-1861ORDINANCE NO.39-05-1861
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,CREATING CHAPTER 21,POWER OF
EMINENT DOMAIN,TO ADD THE PROVISION ENTITLED
"USE OF POWER OF EMINENT DOMAIN"WHICH WILL
PREVENT FUTURE CITY COMMISSIONS FROM
AUTHORIZING THE FILING OF EMINENT DOMAIN
LAWSUITS WHEN THE END RESULT OF SUCH ACTION
WOULD BE TO SELL THE PROPERTY TO PRIVATE
PARTIES;PROVIDING FOR CODIFICATION,
ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
WHEREAS,theUnitedStates Supreme Court recently issued its ruling in
thecase of Kelo v.City of NewLondon;and
WHEREAS,the Kelo ruling authorized the City of New London to
redevelop anarea within theCityto replace waterfront homes with a hotel,offices
and other new features;and
WHEREAS,the taking of private property,pursuant to the Fifth
Amendment totheUnitedStatesConstitution,requires governments topay "just
compensation"whenittakesprivatepropertyandfurtherrequiresthe "takings"to
befor "public use";and
WHEREAS,theKelo ruling authorized the takings,even though the
property takenwillbeforthebenefit of privateparties;and
WHEREAS,City Commission has determined thatitis necessary forthe
CitytoamenditspoliciestopreventfutureCityCommissionsfromauthorizingthe
filing of eminent domain lawsuits wheretheend result of the action would be tosell
the property to private parties;and
WHEREAS,CityCommissiondidagendaanddiscussduringpublic
hearings the proposed amendment totheCode;and
WHEREAS,attheconclusion of thepublichearings,the Commission did
findfromthefactspresentedtotheCityCommission,thattheamendmenttothe
Code isin the public's best interest.
NOW THEREFORE,BY THE CITY MAYOR AND COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Pg.2 of Ord.No.39-05-1861
Section 1.That Chapter 21 of theCode of Ordinances,City of South Miami,
Florida,is hereby created and which chapter shall read as follows:
CHAPTER 21 POWER OF EMINENT DOMAIN
Sec.21-01 Use of power of eminent domain.
The City Commission of theCity of South Miami shallnot invoke
its power of eminent domain totake residential any property unless
the taking isfora public use.
Sec.21-02 Public Use
The term "public use"shallmeanthe possession,occupation,and enjoyment
of thelandbythegeneralpublic,or by public agencies;ortheuse of land
forthe creation or functioning of public utilities or common carriers such as
a railroad,utility,ortollroad;the acquisition of property to cure a concrete
harmful effect of the current use of theland,including the removal of public
nuisances,structures thatare beyond repair or that are unfit for human
habitation oruse;andthe acquisition of property for any use that inures to
the benefit of the general public orany substantial segment thereof.
Sec.21-03 Prohibiting eminent domain for private business
TheCity Commission shallnotinvokeits power of eminent domain if the
end result of the taking willbetosellor otherwise convey the residential
any property toa private party tobeusedfor private commercial enterprise,
except that property may be leased (1)to private entities that are common
carriers such asa railroad,utility,ortollroad;(2)to private entities that
occupy anarea within thepublicproject,suchasaretail establishment;or
(3)managed by private entities on behalf of thecity.
Section 2.If anysection,clause,sentence,orphrase of thisordinanceisfor
anyreasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,the
holdingshallnotaffectthevalidity of theremainingportions of thisordinance
Section 3.Allordinancesorparts of ordinances in conflict withthe
provisions of this ordinance arerepealed.
Section 4.This ordinance shall be codified and included in the Code of
Ordinances.
Section5.This Ordinance shallbecomeeffectiveimmediatelyuponits
final passage andadoption.
Pg.3 of Ord.No.39-05-1861
4
PASSEDANDADOPTEDthis [__day of November,2005.
ATTEST:APPROVED:
READ AND APPROVED AS TO FORM
\\02srvplaw\prolaw\Documcnts\0022\MJP\34026.doc
1st Reading-9>4/05
2,,dReading-10/1 8/05 ;11/1/05
COMMISSION VOTE:5-0
MayorRussell:Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Sherar:Yea
Commissioner Birts-Cooper:Yea
-:.-..V;..*•
•••••••
CITY OF SOUTH B/SIA&Sg
&30T9GE OF
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NOTICE IS HEREBY giventhattheCityCommissionoftheCityof South
Miami,Florida will conduct Public Hearings atits regular CityCommission
meeting scheduled for Tuesday,November 1,2005 beginningat7:30
p.m.,intheCity Commission Chambers,6130 Sunset Drive,to
consider thefollowing iterhs:
Published Daily except Saturday,Sunday and
LegalHolidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authoritypersonally appeared
O.V.FERBEYRE,whoon oath says thatheor she isthe
SUPERVISOR,LegalNoticesofthe Miami Daily Business
Review f/k/a Miami Review,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;that the attached copyof advertisement,
being aLegal Advertisement of Notice in the matter of
MIAMI DAILY BUSINESS REVIEW r
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OFTHECITYOF SOUTH MIAMI,FLORIDA,CREATING
CHAPTER 21,.POWER OF.EMINENT DOMAIN,TOADDTHE
PROVISION ENTITLED "USE OF POWER OF EMINENT DO
MAIN"WHICH WILL PREVENT FUTURE CITY COMMISSIONS
FROM AUTHORIZING THE FILING OF EMINENT DOMAIN
LAWSUITS WHEN THE END RESULT OF SUCH ACTION
WOULD BE TO SELL THE PROPERTY TO PRIVATE PAR
TIES;PROVIDING FOR,CODIFICATION,ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE.
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 11/1/2005
in the XXXX Court,
was published in said newspaper in the issues of
10/21/2005
Affiant further says thatthe said Miami Daily Business
Review isa newspaper published atMiamiin said Miami-Dade
County,Floridaandthatthesaid newspaper has
heretoforebeencontinuouslypublishedinsaid Miami-Dade County,
Florida,eachday(exceptSaturday,SundayandLegal Holidays)
andhasbeen entered as second class mailmatteratthepost
officein Miami insaidMiami-DadeCounty,Florida,fora
periodofone year next preceding thefirstpublicationofthe
attached copyof advertisement;and affiantfurther says thatheor
shehasneitherpaidnorpromisedany person,firm orcorporation
anydiscount,rebate,commission orrefundforthe purpose
ofsecuring this/advertisemefrt^or publication inthesaid
newspaper.
€M^^
Sworn to and subscribed before me this
D.2005
(SEAL)&*%%,Marial-MesaO.V.FERBEYRE personall^(^^r|t5'iyne^rnmis3ion DD293355
^of^F Expires March 04,2005
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THECITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING
THECITY MANAGER TO PURCHASE A 2006 REAR STEER
LOADER (KNUCKLE-BOOM CRANE/LOADER),A200626-
CUBIC YARDTRASHTRUCKANDA 2005 UTILITY TRUCK,
A i ATO IAL COST OF $225,376.09 WITH THE FIRST YEAR'S
INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TOEX
CEED $45,075.22 TOBE CHARGED TO THE PUBLIC WORKS
DEPARTMENT LEASE PURCHASE -TRUCKS ACCOUNT
NUMBERS 001-1720-534-4455 'AND 111-1730-541-4455;
PROVIDING FOR SEVERABILITY,ORDINANCES INCON
FLICT,ANDAN EFFECTIVE DATE./
AN ORDINANCE OF THE MAYOR ANDCITY COMMISSION
OFTHECITYOF SOUTH MIAMI,FLORIDAAUTHORIZING
THECITY MANAGER TO ENTER INTOAFIVEYEAR AGREE
MENTWITH THYSSENKRUPP ELEVATOR CORP.FOR
MAINTENANCE OF ELEVATORS FOR THE AMOUNT OF
$20,100 WITH THEFY2005-06SERVICEFEEOF$4,020TO
BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT
NUMBER 001-1710-519-4670;PROVIDINGFORSEVERABILI
TY,ORDINANCES INCONFLICT,ANDAN EFFECTIVE DATE.
ANORDINANCEOFTHEMAYORANDCITYCOMMISSION
OFTHECITYOF SOUTH MIAMI,FLORIDARELATINGTO
GARBAGE AND TRASH;AMENDING SECTION 11-23(a)OF
THECODEOF ORDINANCES ENTITLED "REFUSE COLLEC
TION FEE SCHEDULE;PROVIDING FOR SEVERABILITY,
ORDINANCESINCONFLICT,ANDANEFFECTIVEDATE.
ARESOLUTIONOFTHEMAYORANDCITYCOMMISSION
OFTHECITYOFSOUTH MIAMI,FLORIDAAPPROVINGTHE
ABANDONMENTOFAN UNIMPROVED RIGHT-OF-WAY
PORTIONFOR FUTURE VEHICLE ACCESS OFSW50
STREETLOCATEDBETWEENSW63RDAVENUEANDTHE
CORPORATE LIMIT LINEOFTHECITYOFSOUTH MIAMI-
SAID ABANDONMENT SUBJECT TOTHECONTINUANCEOF
THE EXISTING UTILITY EASEMENTSANDGENERALPE
DESTRIAN ACCESS;PROVIDINGFORANEFFECTIVE
DATE.
Above items canbe inspected in theCity Clerk's Office,Monday-
.-.Fridayduring regular office hours.
If you have any.inquiries ontheabove items please contact the
City Clerk's office at:305-663-6340
ALL interested parties are invitedto attend and willbe heard.
Maria M.Menendez
.•City Clerk
Pursuant to Florida Statutes 286.0105,the City hereby advises the public'
that if a person decides toappeal any decision made by this Board,Agen
cyor Commission with respect toany matter considered atits meeting or
hearing,heorshe will heed a record ofthe proceedings,andthat for such
purpose,affected person may need to ensure thataverbatimrecordof
the proceedings ismade which record includes the testimony and evi
denceuponwhichtheappealistobe based..•.-.:
10/21 05-3-37/598478M