09-06-05 Item 99
I ORDINANCE NO.
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3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, CREATING CHAPTER
5 21, POWER OF EMINENT DOMAIN, TO ADD THE PROVISION
6 ENTITLED "USE OF POWER OF EMINENT DOMAIN" WHICH
7 WILL PREVENT FUTURE CITY COMMISSIONS FROM
8 AUTHORIZING THE FILING OF EMINENT DOMAIN LAWSUITS
9 WHEN THE END RESULT OF SUCH ACTION WOULD BE TO
10 SELL THE PROPERTY TO PRIVATE PARTIES; PROVIDING FOR
11 CODIFICATION, ORDINANCES IN CONFLICT AND AN
12 EFFECTIVE DATE.
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14 WHEREAS, the United States Supreme Court recently issued its ruling in the
15 case of Kelo v. City of New London; and
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17 WHEREAS, the Kelo ruling authorized the City of New London to redevelop an
18 area within the City to replace waterfront homes with a hotel, offices and other new
19 features; and
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21 WHEREAS, the taking of private property, pursuant to the Fifth Amendment to
22 the United States Constitution, requires governments to pay "just compensation" when it
23 takes private property and further requires the "takings" to be for "public use"; and
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25 WHEREAS, the Kelo ruling authorized the takings, even though the property
26 taken will be for the benefit of private parties; and
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28 WHEREAS, City Commission has determined that it is necessary for the City to
29 amend its policies to prevent future City Commissions from authorizing the filing of
30 eminent domain lawsuits where the end result of the action would be to sell the property
31 to private parties; and
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33 WHEREAS, City Commission did agenda and discuss during public hearings the
34 proposed amendment to the Code; and
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36 WHEREAS, at the conclusion of the public hearings, the Commission did find
37 from the facts presented to the City Commission, that the amendment to the Code is in
38 the public's best interest.
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40 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH
41 MIAMI, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED:
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43 Section 1. That Chapter 21 of the Code of Ordinances, City of South Miami,
44 Florida, is hereby created and which chapter shall read as follows:
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CHAPTER 21 POWER OF EMINENT DOMAIN
Sec. 21 -01 Use of power of eminent domain.
The City Commission of the City of South Miami shall not invoke its
power of eminent domain to take residential property unless the taking is
for a public use. The City Commission shall not invoke its power of
eminent domain if the end result of the taking will be to sell or otherwise
convey the residential property to a private party.
Section 2. If any section, clause, sentence, or phrase of this ordinance 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 ordinance
Section 3. This Ordinance shall become effective immediately upon its final
passage and adoption.
Section 4. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Code of
Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of September, 2005.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
1 st Reading —
2" d Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe: