Ord. No. 01-03-1785ORDINANCE NO.01 -03-1 785
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OFSOUTHMIAMI,FLORIDA,RELATING TOSTREETS;
APPROVING THE TRANSFER JURISDICTION OVER CERTAIN STREETS
TO MIAMI-DADE COUNTY;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,theCity of South Miami has jurisdiction,anda corresponding dutyto
maintain certain streetsand sidewalks,withinits jurisdiction;and,
WHEREAS,certainblocks of landlocatedintheNortheast quadrant of thecityarenot
included withinthe boundaries of thecity and are part of the Miami-Dade County
Unincorporated Municipal Service Area,butthecityhas retained jurisdictionoverthe adjacent
streets,asdepictedintheattachedmapandschedule of streets;and,
WHEREAS,theMayorandCity Commission desiretotransferjurisdictionoverthe
specifiedstreetstoMiami-DadeCountyto maintain therights-of-way of thestreetsandthe
countydesirestoassumejurisdictionovertherights-of-way.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.Pursuant totheauthority granted tolocalgovernmentsunder Fla.Stat.sec.
335.0415andsec.337.29,the city of SouthMiamiherebytransfersjurisdictiontoMiami-Dade
County overthe rights-of-way forthestreetslistedbelow:
AREA1
1.SW 41st Street between SW 64th Avenue &SW 65th Avenue
2.SW 42nd Street between SW 64th Avenue &SW 65th Avenue
3.SW 42nd Terrace from SW 64th Avenue &SW 65th Avenue
4.SW 43rd Street from SW 64th Avenue &SW 65th Avenue
5.SW 44th Street from SW 64th Avenue &SW 65th Avenue
6.SW 64th Avenue from Bird Road to SW 44th Street
7.SW 65th Avenue from Bird Road to SW 44th Street
AREA 2
1.SW 60th Place between Bird Road &SW 42nd Street
2.SW 60th Court from Bird Road to SW 44th Street
3.SW 59th Avenue from Bird Road to SW 42nd Terrace
4.SW 58th Avenue from SW 41st Street to SW 44th Street
5.SW 41st Street from SW 58th Avenue to SW 60th Court
6.SW 42nd Street from SW 57th Avenue to SW 60th Court
7.SW 42nd Terrace from SW 57th Avenue to SW 60th Court
AREA 3
1.SW 48th Street from SW 58th Avenue to SW 63rd Avenue
Additions shown byunderlininganddeletions shown by ovorstriking.
Page 2 of Ord.No.01-03-1785
Street from SW 58th Avenue to SW 63rd Avenue
Street from SW 58th Avenue to SW 63rd Avenue
Avenue from SW 48th Street to SW 50th Terrace
Avenue from SW 48th Street to SW 50th Terrace
Avenue from SW 48th Street to SW 50th Terrace
Avenue from SW 48th Street to SW 50th Terrace
Avenue from SW 48th Street to SW 50th Terrace
2.SW 49th
3.SW 50th
4.SW 58th
5.SW 59th
6.SW 60th
7.SW 62nd
8.SW 63rd
Amapdepictingthetransferred rights-of-way is attached asapp.1.Thetransferof jurisdiction
shallbeeffectiveupontheapproval of aresolutionorordinancebyMiami-DadeCounty
acceptingthistransfer of jurisdiction.Thecityclerkisdirectedtodeliverthisordinancetothe
clerkfor Miami-Dade County.
Section 2.If anysection,clause,sentence,orphrase of thisordinanceisforany
reasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,theholdingshallnot
affectthevalidity of theremainingportions of thisordinance.
Section3.Allordinancesorparts of ordinancesinconflictwiththeprovisions of this
ordinance arerepealed.
Section 4.This ordinance shall be codified and included in the Code of Ordinances.
Section 5.Thisordinanceshalltakeeffectimmediatelyuponenactment.
PASSED AND ADOPTED this 21_day of January,2003.
ATTEST:
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CITY CLERK
1st Reading -January 7,2003
2nd Reading -January 21,2003
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
/••W-s\
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
\\Dell_6100\Documents\0022\EGG\16311 .doc-CSM Ord-strccts,transfer of jurisdiction
Additions shown by underlining and deletions shown by ovcrstriking.
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List of streets tobe turned-over to the county,to own and maintain:
AREA1
1.SW 41st StreetbetweenSW 64th Avenue&SW 65th Avenue
2.SW 42nd StreetbetweenSW 64th Avenue&SW 65th Avenue
3.SW 42nd TerracefromSW 64th Avenue&SW 65th Avenue
4.SW 43rd StreetfromSW 64th Avenue&SW 65th Avenue
5.SW 44th StreetfromSW 64th Avenue&SW 65th Avenue
6.SW 64th AvenuefromBirdRoadtoSW 44th Street
7.SW 65th AvenuefromBirdRoadtoSW 44th Street
AREA 2
1.SW 60th PlacebetweenBirdRoad&SW 42nd Street
2.SW 60th CourtfromBirdRoadtoSW 44th Street
3.SW 59th AvenuefromBirdRoadtoSW 42nd Terrace
4.SW 58th AvenuefromSW 41st StreettoSW 44th Street
5.SW 41st StreetfromSW 58th AvenuetoSW 60th Court
6.SW 42nd StreetfromSW 57th AvenuetoSW 60th Court
7.SW 42nd TerracefromSW 57th AvenuetoSW 60th Court
AREA 3
1.SW 48th StreetfromSW 58th AvenuetoSW 63rd Avenue
2.SW 49th StreetfromSW 58th AvenuetoSW 63rd Avenue
3.SW 50th StreetfromSW 58th AvenuetoSW 63rd Avenue
4.SW 58th AvenuefromSW 48th StreettoSW 50th Terrace
5.SW 59th Avenue fromSW 48th StreettoSW 50th Terrace
6.SW 60th AvenuefromSW 48th StreettoSW 50th Terrace
7.SW 62nd AvenuefromSW 48th StreettoSW 50th Terrace
8.SW 63rd AvenuefromSW 48th StreettoSW 50th Terrace
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:December 30,2002
Sandy Youkilis,Acting City Manager A
W.Ajibola Balogun,Public Works Dir./if
Ronetta Taylor,CityClerk
From:Earl G.Gallop,City Attorney Re:Ordinance approving
interlocal agreement
transferringjurisdiction
over certain streets.
Subject:An ordinance approving an interlocal agreement to transfer jurisdiction
overcertainstreetsto Miami-Dade County.
Discussion:The city charter excludes certain blocks located in the Northeast
quadrant from the municipal boundaries,but retains jurisdiction over the adjacent
streets.See charter,page 33 ("...excluding from the above^description^certain
parcels and tracts of land,but excepting any rights of way for highways witiiin the
area described....").Acolored map and schedule of the streets is attached to the
proposed ordinance.The excluded properties do not pay municipal ad valorem
taxes Property owners have complained that the city does not adequately maintain
the streets and sidewalks in the area.County commissioner Dennis Moss proposes
that the county will accept the responsibility for maintaining the nghts-of-way in
the area.An interlocal agreement is required to effect the transfer of jurisdiction
from the city to the county.The city will work with the county to prepare and
record a right-of-way map.The legal description of the municipal boundaries m
the charter should be amended during the next revision to remove exception for the
transferred rights-of-way.
Recommendation:Approve the ordinance on first reading,schedule the second
reading and approval of the ordinance,advertise a notice of public hearing for the
second reading.
INTERLOCAL AGREEMENT
BETWEENMIAMI-DADECOUNTY
AND CITYOF SOUTH MIAMI
THIS INTERLOCAL AGREEMENT is entered into between
Miami-Dade County,a political subdivision of the State of Florida and the
City of South Miami,a municipal corporation of the State of Florida,this
day of January,2003.
WHEREAS,certain blocks ofland located in the Northeast quadrant
of the City of South Miami are not included within the boundaries of the city
and are part of the Miami-Dade County Unincorporated Municipal Service
Area,but the city has retained jurisdiction over the adjacent streets,as
depicted on the attached map and schedule of streets;and,
WHEREAS,residents ofthe excluded areas complain that the streets
and sidewalks have not been maintained by the city and express a desire for
the county to assume jurisdiction over,and to maintain,the rights-of-way tor
the adjacent streets;and,
WHEREAS,the city agrees to transfer jurisdiction by interlocal
agreement to Miami-Dade County to maintain the rights-of-way of the
streets listed on the attached schedule and the county desires to assume
jurisdiction over the rights-of-way;and,
WHEREAS,a transfer of jurisdiction by the city to the county is
authorized by Fla.Stat.sec.335.0415 and sec.337.29.
NOW,THEREFORE,the parties agree as follows:
Section 1 Jurisdiction over the rights-of-way of the streets
listed on the attached schedule shall transfer from the City of South Miami
to Miami-Dade County of the effective date of this agreement.
Section 2.On and from the date the transfer ofjurisdiction,the
county shall be responsible for the operation and maintenance of the streets,
sidewalks,public utilities,swales,landscaping,and other improvements in
the rights-of-way.
Section 3.The county and the city shall cooperate to prepare and
record a right-of-way map for the streets listed in the attached schedule,but
the recording of the map shall not delay the effective date of the duties and
liabilities under this agreement or the duty to operate and maintain streets
transferred hereby.
Section 4.The effective date of this agreement shall bethe date ot
approval hereof by both parties.
[INSERT SIGNATURE BLOCK FOR CSM]
METROPOLITANDADECOUNTY,a
political subdivision ofthe State ofFlorida
ATTEST:Bv its Board of County Commissioners
HARVEY RUVIN,Clerk
Deputy Clerk Countv Manager
APPROVEDASTOFORMAND
LEGAL SUFFICIENCY:
County Attorney
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