10-18-05 Item 17K
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, CREATING CHAPTER 21, POWER OF
6 EMINENT DOMAIN, TO ADD THE PROVISION ENTITLED
7 "USE OF POWER OF EMINENT DOMAIN" WHICH WILL
8 PREVENT FUTURE CITY COMMISSIONS FROM
9 AUTHORIZING THE FILING OF EMINENT DOMAIN
10 LAWSUITS WHEN THE END RESULT OF SUCH ACTION
11 WOULD BE TO SELL THE PROPERTY TO PRIVATE
12 PARTIES; PROVIDING FOR CODIFICATION,
13 ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.
14
15 WHEREAS, the United States Supreme Court recently issued its ruling in
16 the case of Kelo v. City of New London; and
17
18 WHEREAS, the Kelo ruling authorized the City of New London to
19 redevelop an area within the City to replace waterfront homes with a hotel, offices
20 and other new features; and
21
22 WHEREAS, the taking of private property, pursuant to the Fifth
23 Amendment to the United States Constitution, requires governments to pay "just
24 compensation" when it takes private property and further requires the "takings" to
25 be for "public use"; and
26
27 WHEREAS, the Kelo ruling authorized the takings, even though the
28 property taken will be for the benefit of private parties; and
29
30 WHEREAS, City Commission has determined that it is necessary for the
31 City to amend its policies to prevent future City Commissions from authorizing the
32 filing of eminent domain lawsuits where the end result of the action would be to sell
33 the property to private parties; and
34
35 WHEREAS, City Commission did agenda and discuss during public
36 hearings the proposed amendment to the Code; and
37
38 WHEREAS, at the conclusion of the public hearings, the Commission did
39 fmd from the facts presented to the City Commission, that the amendment to the
40 Code is in the public's best interest.
41
42 NOW THEREFORE, BY THE CITY MAYOR AND COMMISSION OF
43 THE CITY OF SOUTH MIAMI, FLORIDA:
44
1 Section 1. That Chapter 21 of the Code of Ordinances, City of South Miami,
2 Florida, is hereby created and which chapter shall read as follows:
3
4 CHAPTER 21 POWER OF EMINENT DOMAIN
5
6 Sec. 21 -01 Use of power of eminent domain.
7
8 The City Commission of the City of South Miami shall not invoke
9 its power of eminent domain to take residential property unless the
10 taking is for a public use.
11
12 Sec.21 -02 Public Use
13
14 The term "public use" shall mean the possession, occupation, and enjoyment
15 of the land by the general public, or by public agencies; or the use of land
16 for the creation or functioning of public utilities or common carriers such as
17 a railroad, utility, or toll road; the acquisition of property to cure a concrete
18 harmful effect of the current use of the land, including the removal of public
19 nuisances, structures that are beyond repair or that are unfit for human
20 habitation or use; and the acquisition of property for any use that inures to
21 the benefit of the general public or any substantial segment thereof.
22
23 Sec. 21 -03 Prohibiting eminent domain for private business
24
25 The City Commission shall not invoke its power of eminent domain if the
26 end result of the taking will be to sell or otherwise convey the residential
27 property to a private party to be used for private commercial enterprise,
28 except that property may be leased (1) to private entities that are common
29 carriers such as a railroad, utility, or toll road; (2) to private entities that
30 occupy an area within the public project, such as a retail establishment; or
31 (3) managed by private entities on behalf of the city.
32
33
34 Section 2. If any section, clause, sentence, or phrase of this ordinance is for
35 any reason held invalid or unconstitutional by a court of competent jurisdiction, the
36 holding shall not affect the validity of the remaining portions of this ordinance
37
38 Section 3. All ordinances or parts of ordinances in conflict with the
39 provisions of this ordinance are repealed.
40
41 Section 4. This ordinance shall be codified and included in the Code of
42 Ordinances.
43
44 Section 5. This Ordinance shall become effective immediately upon its
45 final passage and adoption.
46
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PASSED AND ADOPTED this _ day of September, 2005.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
\ \02srvplaw \prolaw \Documents \0022\MJP\34026.doc
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Sherar:
Commissioner Birts- Cooper:
MIAMI DAILY BUSINESS REVIEW,
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING - 9/20/2005
ORDINANCE CREATING CHAPTER 21, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
09/09/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
an7Scpu unt, rebate; commission or refund for the purpose
of r g this advertisement for publication in the said
n , er.
Sworn to and subscribed before me this
09 da of SEPTEMBER A.D. 2005
(SEAL)
SOOKIE WILLIAMS personallyknowP6�o ill'i I. Mesa
e My Commission DD293855
or m�� Expires March D4, 2008
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