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05-03-05 Item 9Date: May 3, 2005 Iq ITEM No. Re: Resolution setting Public Hearing on Proposed SW 50 Street Abandonment RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SCHEDULING A PUBLIC HEARING ON TUESDAY JUNE 7, 2005 AT 7:30 PM ON THE VACATION AND ABANDONMENT OF THE UNIMPROVED RIGHT -OF -WAY PORTION OF SW 50 STREET LOCATED WEST OF SW 631tD AVENUE; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The City has received the above request for vacating and abandoning an unimproved right -of -way in a single family residential area. In order to respond to the request the City must follow procedures set forth in F. S. Statutes 336.09 and 336.10. A local government has the authority to vacate, abandon or close streets or alleyways. The procedure requires setting a date and time for a public hearing on a proposed closure, followed by a published notice 14 days in advance of the hearing date. The attached resolution will set the City Commission meeting of June 7, 2005 as the date for the hearing on the proposed closure. RECOMMENDATION It is recommended that the proposed resolution be adopted. Attachments: Proposed resolution Fla State Statute 336.09; 336.10 MD/DOD /SAY 0 EAComm Items\2005 \5 -3 -05 \Street Closure 50 Street Hearing Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SCHEDULING A PUBLIC HEARING ON TUESDAY JUNE 7, 2005 AT 7:30 PM ON THE VACATION AND ABANDONMENT OF THE UNIMPROVED RIGHT -OF -WAY PORTION OF SW 50 STREET LOCATED WEST OF SW 63" AVENUE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alleyway, road, highway or other place used for travel or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the City of South Miami has received a request from abutting property owners requesting the abandonment and vacation of an unimproved portion of SW 50 Street west of SW 63 Avenue in order to alleviate concerns about illegal parking and security; and WHEREAS, F.S. Stat. 336.09 (2) requires the adoption of resolution setting a date and time for a public hearing on a proposed closure or abandonment of right -of -way; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the requested closure of right -of way generally described as the "unimproved right -of -way portion" of SW 50t" Street located west of SW 63rd Avenue will be the subject of a public hearing scheduled for the City Commission meeting on Tuesday June 7, 2005 at 7:30 PM in the South Miami, Florida City Hall, 6130 Sunset Drive, South Miami, FL. 33143. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of , 2005. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR EAComm Items\2005 \5- 3- 05\ROW aband SW 50 Str Hearing Resolution.doc Commission Vote: Mayor Russell: Vice Mayor Palmer Commissioner Wiscombe: Commissioner Birts- Cooper Commissioner Sherar: Statutes & C;onstitution.:Vi.ew Statutes :- >2004- >Ch0336- >Seetion. 09 Online Sim. sli e Page Select Year: 2004 ��Go The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.09 Closing and abandonment of roads; authority. - (1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or persons, are hereby authorized and empowered to: (a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other: place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the county and the public in and to any land in connection therewith; (b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescriptionfor street, alleyway, road or highway purposes, other than lands acquired for state and federal highway; and (c) Renounce and disclaim any right of the county and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. (2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section, History.--s. 49, ch. 29965, 1955. Copyright ©1995 -2005 The Florida Legislature - Privacy Statement - Contact Us Statutes & Constitution'. Niew Statutes :- >2004- >Ch0336- >Section 10 1 of I Select Year:2004 , Go The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.10 Closing and abandonment of roads; publication of notice. -- Before any such road shall be closed and vacated, or before any right or interest of the county or public in any land delineated on any recorded map or plat as a road shall be renounced and disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated therein for such hearing. After such public hearing, any action of the commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The request of any agency of the state, or of the United States, or of any person, to the commissioners to take such action shall be in writing and shall be spread upon the minutes of the commissioners; provided, however, that the commissioners of their own motion and discretion, may take 'action for the purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such resolution shall be recorded In the deed records of the county. History. - -s. 50, ch. 29965, 1955. Copyright ©1995 -2005 The Florida Legislature • Privacy Statement Contact Us http: / /www.leg. state. fl. us /statutes /index.cftn ?App_ mode =Display_Statute &Search String= &URL =Ch... 3/16/05