RESOLUTION 87-18796 RESOLUTION NO. 87-18796
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH NOTICING THE NULLIFICATION
AND REPEAL OF PARAGRAPH 1, SECTION 26 , OF THE
MIAMI BEACH CITY CHARTER ESTABLISHING A
LIMITATION UPON GRANTING FRANCHISES, AND OF
THE LAST SENTENCE OF PARAGRAPH 3 , SECTION 26
OF THE MIAMI BEACH CITY CHARTER REQUIRING
ELECTORATE APPROVAL OF CERTAIN ORDINANCES OR
MEASURES ADOPTED BY THE ELECTORATE.
WHEREAS, paragraph 1 of Section 26 of the Miami Beach
City Charter states:
No ordinance giving or granting any franchise or
right to the use of any street or public way for
the purpose of operating along, across, over or
under the surface of same, any street railroad,
waterworks, telephone, gas, or electric business,
or other business requiring the use of mains,
pipes, wires, or conduits, in, on, over , or under
any street or other public way shall become a law
until the same has been approved by a majority of
the qualified voters of the City of Miami Beach
voting thereon at a general election or at a
special election held for such purpose; provided,
however , that ordinances providing for revocable
permits, for periods of not over one year , to
operate taxicabs, buses, and similar means of
transportation over the surface of the streets,
may become laws without such approval.
; and
WHEREAS, the last sentence of paragraph 3 , Section 26 of
the Miami Beach City Charter states:
If such proposed measure is a measure that the
city commission might adopt except for the fact
that it involves the repeal or the amendment of a
measure adopted by the electorate as herein
provided, and if in such case said petition or
petitions are signed by qualified electors in
number equal to twenty-five per cent of said
registration, then such proposed measure must be
submitted to the electors of said city at the next
succeeding city election occurring subsequent to
sixty days after the filing of said petition or
petitions.
; and
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WHEREAS, these provisions have been nullified and
repealed pursuant to Florida Statute §166 .021 (4) . See, Rolle v.
City of Miami , 408 So.2d 642 (Fla. 3 DCA 1981) . See also,
Plissner v. City of Miami Beach, Eleventh Circuit Court Case
No. 85-04526, (Agreed Order dated October 10, 1985) .
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that it hereby
notices the nullification and repeal of paragraph 1, Section 26 of
the Miami Beach City Charter establishing a limitation upon
granting franchises, and of the last sentence in paragraph 3 ,
Section 26 of the Miami Beach City Charter requiring electorate
approval of certain ordinances or measures adopted by the
electorate.
PASSED AND ADOPTED this 18th day of March , 1987 .
Attest: MAYOR
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CITY CLERK
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FORM
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ORIGINAL
RESOLUTION NO, 87-18796
(Noticing the nullification and repeal of
paragraph 1, section 26, of the Miami Bch.
City Charter establishing a limitation up-
on granting franchise , and of the lase
sentence of paragraph 3, section 26
of the 'Miami Beach City Charter requiring
electorate approval of certain ordinances
or measureadopted by the electorate)