Res No 084-20-15524Resolution No. 084-20-15524
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida; Opposing Miami -Dade Legislative item, File Number: 200973
(amending Sections 2-103.1 and 2-103.4 of the Miami -Dade County Code)
which proposes to prevent Municipalities from protecting the health, safety
and welfare of the people, property owners and businesses located within their
Municipal boundaries by prohibiting all municipal control over construction In
County rights of ways located In those Municipalities.
WHEREAS, on June 2, 2020, the Miami -Dade County Board of County
Commissioners heard the first reading of an ordinance amending Sections 2-103.1 and 2-
103.4 of Miami -Dade County Code, (Miami -Dade Legislative Item, File Number: 200973)
prohibiting municipalities from charging any fees, imposing any requirements including
but not limited to the maintenance of traffic requirements or requiring that any permit
be obtained for any construction, maintenance, or improvements done by any person,
corporation, partnership, association, governmental agency, or other legal entity on any
County -owned or County -maintained rights of way or easements within the municipality;
and
WHEREAS, construction within municipal boundaries on a county right of way
affects the flow of municipal traffic and affects the businesses, property owners and
occupants of those properties that are adjacent to the right of way; and
WHEREAS, a municipality has a duty to those businesses, property owners and
occupants whose properties are adjacent to rights of way that are under construction,
whether the construction is on a county or a municipal right of way; and
WHEREAS, the proposed ordinance will prohibit the City of South Miami (City)
and all other municipalities from requiring a right of way permit, and will reduce the City's
ability to protect the health, safety and welfare of its citizens by taking away all control
over construction work in those County rights of way located within the City's boundaries;
and
WHEREAS, the City Commission finds that the proposed amendments to the
Miami -Dade County Code are intrusive and prevent the City from carrying out its
municipal function of protecting the health, safety and welfare of its citizens, property
owners and businesses located within the City's boundary.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIANII, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this resolution upon adoption
hereof.
Page 1 of 2
Resolution No. 084-20-1-5524
Section 2. Opposition to Miami -Dade County Amendments to Sections 2-103.1
and 2-103.4 of the Miami -Dade County Code. The City Commission hereby opposes the
Miami -Dade County's proposed amendments to Sections 2-103.1 and 2-103.4 of the
Miami -Dade County Code, as intrusive, , and a grievous imposition on the City's ability to
carry out its municipal functions, including the City's ability to regulate construction work
and to protect the health, safety and welfare of the people, property owners and
businesses located within the City's boundary.
Section 3. Corrections. Conforming language or technical scrivener -type
corrections may be made by the City Attorney for any conforming amendments to be
incorporated into the final resolution for signature.
Section 4. Instructions to the City Clerk. The City Clerk is instructed to
forward a copy of this resolution to:
Miami -Dade County League of Cities
All members of the Miami -Dade County Board of County Commissioners
Miami -Dade County Manager
Miami -Dade County Mayor
Section S. Severability. If any section clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of the remaining portions of this
resolution.
Section 6. Effective Date. This resolution shall become effective immediately
upon adoption.
PASSED AND ADOPTED this 2151 day of July' 2020.
ATTEST: APPROVED:
CITY CCIERK MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITYAND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Item NoA.
City Commission Agenda Item Report
Meeting Date: July 21, 2020
Submitted by: Shari Kamali
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida; Opposing Miami -Dade
Legislative Rem, File Number: 200973 (amending Sections 2-103.1 and 2-103.4 of the Miami -Dade County
Code) which proposes to prevent Municipalities from protecting the health, safety and welfare of the people,
property owners and businesses located within their Municipal boundaries by prohibiting all municipal control
over construction in County rights of ways located in those Municipalities. 3/5 (City Manager)
Suggested Action:
Attachments:
Memo MDC ord (002).docx
ResoOpposition MDCAme nd i ng5ec2-103.12-103.4July2020CArev.docx
Draft Ordinance Relating to County Rights-of-Ways.pdf
Southkiami
Ti I � % UI PI FASANT [ 1% V;
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
DATE: July 21, 2020
SUBJECT: A Resolution of the Mayor and City Commission of the City of South Miami,
Florida; Opposing Miami -Dade Legislative Item, File Number: 200973
(amending Sections 2-103.1 and 2-103.4 of the Miami -Dade County Code)
which proposes to prevent Municipalities from protecting the health, safety
and welfare of the people, property owners and businesses located within
their Municipal boundaries by prohibiting all municipal control over
construction in County rights of ways located in those Municipalities.
BACKGROUND: On June 2, 2020, the Miami Dade County Board of County Commissioners
heard the first reading of the ordinance amending Sections 2-103.1 and 2-103.4
of the Code of Miami Dade County. The proposed ordinance will prohibit
municipalities from charging any fees, imposing any requirements including, but
not limited to, maintenance of traffic requirements or requiring that any permit
be obtained for any construction, maintenance, or improvements done by any
person, corporation, partnership, association, governmental agency, or other
legal entity on any County -owned or County -maintained right of way or
easements within any municipality.
The proposed ordinance will prohibit the City of South Miami from requiring
right of way permits and reduces its ability to regulate construction work.
Without a right of way permit, the City of South Miami would not have advance
warning of construction work which may delay, hinder, or restraint traffic. In
addition, it would diminish the City's ability to enforce the preservation of right
of way, roadways and landscaping located within the City's jurisdictional
boundaries.
ATTACHMENTS: RESOLUTION
MDC ORDINANCE
RAI
TO:
FROM:
MEMORANDUM
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Abigail Price -Williams
County Attorney
Agenda Item No. 4(A)
DATE: June 2, 2020
SUBJECT: Ordinance relating to County
rights -of -way and easements
within municipalities; amending
sections 2-103.1 and 2-103.4
of the Code; prohibiting
municipalities from charging
fees, imposing requirements, or
requiring permits for work on
County -owned or County -
maintained rights -of -way or
easements within municipalities;
making technical and conforming
changes
The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor
Commissioner Eileen Higgins.
APW/uw
Abigail Price -Willi
County Attorney
1 5
TO:
. N
MEMORANDUM
(Revised)
Honorable Chairwoman Audrey M. Edmonson
Board of County Commissioners
iti ms
ley
Please note any items checked.
DATE: June 2, 2020
SUBJECT: Agenda Item No. 4(A)
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's
present , 2/3 membership , 3/5's , unanimous , CDMP
7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote
requirement per 2-116:1(3)(h) or (4)(c) , or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
2
Approved Mayor Agenda Item No.' 4(A)
Veto 6-2-20
Override
ORDINANCE NO.
ORDINANCE RELATING TO COUNTY RIGHTS -OF -WAY
AND EASEMENTS WITHIN MUNICIPALITIES; AMENDING
SECTIONS 2-103.1 AND 2-103.4 OF THE CODE OF MIAMI-
DADE COUNTY, FLORIDA; PROHIBITING MUNICIPALITIES
FROM CHARGING FEES, IMPOSING REQUIREMENTS, OR
REQUIRING PERMITS FOR WORK ON COUNTY -OWNED OR
COUNTY -MAINTAINED RIGHTS -OF -WAY OR EASEMENTS
WITHIN MUNICIPALITIES; MAKING TECHNICAL AND
CONFORMING CHANGES; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
WHEREAS, the Code of Miami -Dade County, Florida currently requires that any person
or entity doing construction work on County -owned or County -maintained rights -of -way within
unincorporated and incorporated areas of the County acquire a permit from the County Department
of Transportation and Public Works; and
WHEREAS, although a County permit is required for work on County -owned or County -
maintained rights -of -way located with municipalities, many municipalities also require a
municipal permit and the payment of certain fees for said construction work; and
WHEREAS, prohibiting municipalities from requiring municipal permits or the payment
of a fee for work on County -owned or County -maintained rights -of -way would help streamline
both County public works projects and private construction projects that affect County rights -of -
way; and
WHEREAS, it is in the best interest of the County to be the sole permitting agency for
construction work on County -owned or County -maintained rights -of -way within the
unincorporated and incorporated areas of the County,
3 7
Agenda Item No. 4(A)
Page 2
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-103.1 of the Code of Miami -Dade County, Florida, is hereby
amended to read as follows:'
Sec. 2-103.1. - Construction of public utilities or works in public
rights -of -way; construction of paving and drainage on private
property —Permit required; effect of installation of County facility;
exemption.
(a) It shall be unlawful for any person, corporation, partnership,
association>> governmental any« or other legal entity to
>>do any construction work, including the construction or
installation of utilities and other public works,<< [[eenstmet
,]] except [[fer- the eenstmetien of
installatiee-e4]] mailboxes>>, on any rights-of-wa,orr<< [[iff
read and s4f.-eet right ef way ]] easements >>within<< [[i*]]
the unincorporated [[area]] >>areas<< of [["]] >>the<<
County », or on any County -owned or County -maintained
rights -of -way or easements<< [[; and in rights
dstmets]] located within >>any municipality«
[[manieipalities that are maintained by Miami Dade Getmtyfl,
without first having obtained a permit from the [[Nblie WeAffi]]
Department >>of Transportation and Public Works or its
successor department<<. All [[said]] >>such<< construction
work [[i*]] >>on<< said [[right ]] »rights -of -way or
easements<< shall conform to uniform standards established by
the official manual of public works construction. It shall also be
unlawful for any person, corporation, partnership,
association»Lgovernmental agency,« or other legal entity to
construct paving or drainage on private property for areas used
for vehicle driveways or parking >>within<< [[i*]] the
unincorporated [[ama]] >>areas<< of [[ s]] >>the<< County,
»or on any County -owned or County -maintained rights -of -way
or easements within any municipality« without first having
obtained a permit from the [ Publie WeFks]] Department >>of
Transportation and Public Works or its successor department.
Municipalities are prohibited from charging any fees, imposing
' Words stricken through and/or [[double bracketed]] shall be' deleted. Words underscored
and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
4
Agenda Item No. 4(A)
Page 3
any requirements including, but not limited to, maintenance of
traffic requirements or requiring that anY Rermit be obtained for
any construction, maintenance, or improvements done by any
person, corporation, partnership, association, governmental
agency, or other legal entity on any County -owned or County_
maintained rights -of -way or easements within the
municipality«.
If the Director of the [[Pablie Works]] Department >>of Transportation
and Public Works or its successor department« determines that the
permittee is not performing the construction in accordance with the
conditions of the permit or the approved plans upon which the permit was
issued or in conformance with the uniform standards established by the
official manual of public works construction, [[#e]] >>the Director<< may
order suspension of the permit or the stopping of work until such time as
the permittee has complied with the permit, plans or standards. In such case,
the permittee shall take all necessary precautions to leave the work area in
a safe and secure condition.
The Director of the [[Publie WeF6]] Department >>of Transportation
and Public Works or its successor department« may withhold the issuance
of public works permits to a contractor if that contractor has previously been
issued a citation regarding work that requires a public works permit as listed
in Chapter 8CC of the Code of Miami -Dade County, and the citation is still
outstanding [[ ]] >>45<< days after the date the citation was
issued.
In the event of any future widening, repairs, installation, construction,
or reconstruction, by or for Miami -Dade County, of any road, bridge, canal,
culvert, traffic signal, streetlight, water distribution system, sewage
collection system, storm drainage system, or any other County facility
within the public right-of-way in which the permittee or owner has
constructed any utility, said permittee or owner shall move or remove such
utility as may be required for the public convenience as and whenever
specified by the Director of the [[Publie MkAE&]] Department >>of
Transportation and Public Works or its successor department<< [[gems
e%% ei*pease ]. >>Said removal or relocation shall be at the permittee's or
owner's sole expense.<<
Permits for the installation of liquefied petroleum gas in easements will
be issued by the Miami -Dade County Fire Safety Bureau rather than the
[PAIblie WES]] Department >>of Transportation and Public Works or its
successor department<<.
Agenda Item No. 4(A)
Page 4
The term "right-of-way" or "rights -of -way" shall be construed
throughout this article to include, but not be limited to, all proposed
dedications of public rights -of -way set forth on official grading and
drainage plans required to accompany approved and valid tentative plats, as
well as all existing or dedicated rights -of -way.
Provided, however, the United States, federal agencies and their
contractors, in the execution of federal projects authorized by Congress, are
exempted from the provisions of Sections 2-103.1 through 2-103.7 and 2-
103.10 through 2-103.13.
(b) Whenever any person, corporation, partnership, association,
County Department or other »governmental agency or« legal
entity performs any construction or public [[wer-kfl >>works<<
within [[aa]] existing >>ri is -of --way« [[right JJ
located within >>the<< unincorporated >>areas of the<<
[[Miami ]] County, or [[in]] >>on any County -owned or
County -maintained ri is -of -way« [[right
stfeets]] located within >>any municipality« [[munisipalities
that am maintained by the ]], the »rights -of -way«
[[ ' ]], including sidewalks, curbs and gutters,
>>and<< landscaping [[and]] must be restored to their legally
permissible preexisting condition, including any aesthetic
enhancements thereto and any adjacent private property
damaged during construction, within [[ ]] >>30<<
days of completion of the construction or public work in that
right of way or within ff" five(45)]] >>30<< days of
damage to the affected property or area, [[ ]]
>>whichever<< occurs first. Prior to the time such construction
work begins, the contractor, by posting the construction site,
shall inform the local community of the requirement to restore
the »rights -of -way« [[right-ef way]] as well as any affected
adjacent private property and the fines that could be imposed for
each failure to do so. All work to be done pursuant to this Section
shall be performed in compliance with the Public Works
Manual. Any entity failing to restore the right-of-way to its
preexisting condition or better within the time permitted shall be
subject to a civil fine of five hundred dollars ($500.00) per
violation per day until such time as the right-of-way is restored,
as well as five hundred dollars ($500.00) per day for each
affected adjacent private property until it is restored.
6 10
Agenda Item No. 4(A)
Page 5
Section 2. Section 2-103.4 of the Code of Miami -Dade County, Florida, is hereby
amended to read as follows:
Sec. 2-103.4. - Same —Same —Waiver.
The [[Pfablie Wer4s]] Department >>of Transportation and Public Works or its
successor department« shall waive the permit fee for all work performed by a
governmental agency, except for utility construction, whether this work is performed by
employees of the governmental agency or by a private firm or corporation under contract
with the governmental agency. However, such governmental agency or private firm or
corporation under contract therewith shall not be relieved of the responsibility for obtaining
a permit for work covered in Section 2-103.1. [[In addition te the above,
leeated within M1 flisipalWA-V4 that Ave maintained by Miami Pade Geun
•]]
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
7 11
Agenda Item No. 4(A)
Page 6
Section 5. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override
by this Board.
PASSED AND ADOPTED:
Approved by County Attorney asGx
to form and legal sufficiency:
Prepared by: `
Annery Pulgar Alfonso
Prime Sponsor: Commissioner Eileen Higgins
8 12