11-01-05 Item 10/0
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.
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15 WHEREAS, the United States Supreme Court recently issued its ruling in
16 the case of Kelo v. City of New London; and
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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
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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
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27 WHEREAS, the Kelo ruling authorized the takings, even though the
28 property taken will be for the benefit of private parties; and
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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 find 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:
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Section 1. That Chapter 21 of the Code of Ordinances, City of South Miami,
Florida, is hereby created and which chapter shall read as follows:
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 a_y property unless
the taking is for a public use.
Sec.21 -02 Public Use
The term "public use" shall mean the possession, occupation, and enjoyment
of the land by the general public, or by public agencies; or the use of land
for the creation or functioning of public utilities or common carriers such as
a railroad, utility, or toll road; the acquisition of property to cure a concrete
harmful effect of the current use of the land, including the removal of public
nuisances, structures that are beyond repair or that are unfit for human
habitation or use; and the acquisition of property for any use that inures to
the benefit of the general public or any substantial segment thereof.
Sec. 21 -03 Prohibiting eminent domain for private business
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 r"'c°sidei W
M property to a private party to be used for private commercial enterprise,
except that property may be leased (1) to private entities that are common
carriers such as a railroad, utility, or toll road; (2) to private entities that
occupy an area within the public project, such as a retail establishment; or
(3) managed by private entities on behalf of the city.
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. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This Ordinance shall become effective immediately upon its
final passage and adoption.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
\ \02srvplaw \prolaw \Documents \0022\MJP \34026.doc
day of November, 2005.
APPROVED:
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Sherar:
Commissioner Birts- Cooper:
the proceedings is made which record includes the testlmony''ande
dente upon which the appeal !s to be based.
10/21 05 3 37/59847P
"
T�CE OF
-.. . , 7 ,
NOTICE IS HEREBY.given that the City Commission, of tha
Miami, Florida will conduct Public Hearings atilts r`egu'lar
Ci(
meeting scheduled for Tuesday, November „1, "2005
beg
p.m., in the City Commission Chambers; ` 6130 Sun
consider the following items
MIAMI 'DAILY BUSINESS REVIEW
N ®RDINAIVCE OF =tHE MAYOR AND CITY G01
Published Daily except Saturday, Sunday and
Legal Holidays
OF THE CITY OF; ;SOUTH `MIAMI, <FLORIDA "'C
Miami, Miami -Dade County, Florida
CHAPTER 21,. POWER OF EMINENT DOMAIN, TO
PROVISION ENT,,ITLED'USE;OF;,POWER Or.EMII
STATE OF FLORIDA
MAIN", WHICH UVILL PREVENT FUTURE CITY COMN
COUNTY OF MIAMI -DADE;
FROM AUTHORIZING THE. FILING OF EMINENT
LAWSUITS Vifh,'EN Tile END; RESULT OF "SUCH
Before the undersigned authority personally appeared
WOULD'SE "'TO SELL THit OROPERTY TO PRIVP
TIES PROVIDING FOR CODlFICATfON ORD
O.V. FERBEYRE, who on oath says that he or she is the
°INA
CONFLICT�AND AN"EFFE, TVE DATE " "'
I
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
AN ORDINANCE- OF THE MAYOR Ahab CITY GOM
and Legal Holidays) newspaper, published at Miami in Miami -Dade
OF' THE CITY
OF 'SOUTH,
MIAMI, FLORIDA; AUTH
County, Florida; that the attached copy of advertisement,
THE CITY.
MANAGED TO
PU" CHASE. A° 2006 REAI
being a Legal Advertisement of Notice in the matter' of
LOADER ,(KNUCKLE -BOOM
`.CRANE/LOADER) A
CUBIC YARD TRASH�TRUCK'RND A 2005 UTILITY
A T>A TOTAL COST OF $225;376.09.WITH TiiE FB'R "
CITY OF SOUTH MIAMI
INSTALLMENT PAYMENT OE FIVE PAYMENTS,
hi0;;
PUBLIC HEARING FOR 11 /1/2005
CEED °$45,075.22 TO'BE'`CH/,"RdE- TC�7HEP
%LIG
DEPARTMENT .LEASE Pi➢RC�FIASE ;,TRUCKS
A,
in the XXXX Court,
NUMBERS" : 001 1720 534-"445,q AND 111 1730
PROVIDIT�IG °'FOR S VER,�R4LITY ORDINANCES
was published in said newspaper in the issues of
FLICT, AND AN EFFECTIVE DATE
10/21/2005
AN ORDINANCE OF THE MAYOR.AND CITY OOMI
OF THE CITY OF SOUTH,MIAMI ;FLORIDA RUTH!
THE;CITY MANAGER TO ENTER INTO A FIVE YEAR
Affiant further says that the said Miami Daily Business
MEN, WITH 7HYSSENKRt9PP ELEVATOR COF
Review is a newspaper published at Miami in said Miami -Dade
MAINTENANCE OF,:ELE1lATORS
,`FOR THEry f�ivt0
County, Florida and that the `said ' newspaper has
$20;100,,WITH THE FY 2005 ,Ofi
SERVICE FEE'O`F
heretofore been continuously published in said Miami -Dade County,
each
BE CHARGED TO PUl3LICWORKSDEPAR,Ii1iENTAC
NUMBER 001- 1710 -5t9 4670 PROVIDING FOR.SEVI
Florida, day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
��H(?oNA�9CES INCONFLIC7 AND AN EFFEC=TIir
office in Miami inlaid Miami Dade County, Florida, fora
AN ORDINANCE OF.THE MAYOR AND CITY COMI
period of one year next preceding the first publication of the
OF THE "CITY OF `S011TIi'MIAIVtI;. FLORIDA: RELA”
attached copy of advertisement; and affiant further says that he or
GARI3AGE =AND TRASH; "AMENDING`SECTION
1,1.
she has neither paid nor promised any person, firm or corporation
THE!CODE:OF ORDINANCES:ENTITLED "REFUSE(
any discount, rebate, commission or refund for the purpose
.1 N - FEE - `SCHEDULE; PROVIDING FOR SEVER
Of securing this vertise
or publication in the said
ORDINANCES IN CONFLICT, AND AN EFFECTIVE D)
:.
newspaper.
A RESOLUTION OF THE MAYOR -AND, CITY. COMP
OF THE CITYOF SOUTH MIAMI , FLORIDA APPROVI
„ ABANDONMENT -OF `AN, "UNIMPROVED RIGHT -�
PORTION ' FOR FUTURE VEHICLE ;ACCESS , OF
Sworn to and subscribed before me this
STREET LOCATED BETWEEWSW 6313D °AVENUE A
CORPORATE` LIMIT LINE OF THE .CITX`OE SOUTF
SAID
ABA NDtONMENT'SUBJECT TO THE CONTINUR
21 CTOBER D. 2005
THE EXISTING UTILITY EASEMENTS AND. GENEI
DESTRIAN: ACCESS; PROVIDING FOR AN EFF
DATE
Above items can be inspecietl In the CltyCierk s Office,. f
(SEAL)
Friday during regular office hours
Mafia I. Mew
O.V. FERBEYRE personally rtl#n�C?rn nlssio€a CD203555
b C F- 9Pjr&� u�l @ frh 04 200
If you have any Inquiries on the above items elease co
City Clerks office at. 305 663 6340
ALL interested parties are Invited to attend and will be he.
Maria M. Menendez
City Clerk
Pursuant to Florida Statutes 286.0105, the Cityhereby ailui
that if a person decides to appeal any decision matle.by this I:,
cy or Commission with respect to priymatter consitleredat'il
hearing, he or she will "need a rec'ord'of the proceedings, and
purpose, affected person may need to ens'
nsure that a verbat
the proceedings is made which record includes the testlmony''ande
dente upon which the appeal !s to be based.
10/21 05 3 37/59847P