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RESOLUTION 93-20799 • RESOLUTION NO. 93-20799 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXPRESSING THEIR POLICY AGAINST MUNICIPAL LAND GIVEAWAYS AS AFFECTED BY FLORIDA STATUTE SECTION 255.22, AS AMENDED, AND GRANTING BROAD AUTHORITY TO THE CITY ATTORNEY TO PURSUE, IN HIS DISCRETION, ALL NECESSARY ACTIONS TO ACCOMPLISH THE MAYOR AND CITY COMMISSION' S POLICY OF OPPOSING THE EFFECT OF FLORIDA STATUTE SECTION 255.22 . WHEREAS, Florida Statute, Section 255. 22 , as amended, entitled "Reconveyance of Lands not Used .i Jr Purpose Specified" provides that in the event of a conveyance to a city of an easement of a street end for a specified purpose or use, the city' s failure to use and/or maintain such property for a period of years (ranging from five to ten in number) conclusively constitutes an "abandonment" of said property, thus entitling the abutting property owner to demand a quit-claim deed from the city; and WHEREAS, the City has a policy of issuing revocable permits wherein under certain circumstances street ends may temporarily be closed and exclusively used by abutting property owners but always Y reserving unto the City the right to terminate such revocable permit and based upon such future needs again utilize such street ends for a public use as required by the City; and WHEREAS, Florida Statute Section 255 . 22 directly contradicts the City ' s stated policy; and WHEREAS, pedestrian access to municipal street ends, including waterfront property, is prevalent throughout the City; and WHEREAS, the City has at no time sought to impose ad valorem taxes on the abutting property owners; and WHEREAS, the factual issue of abandonment should properly be determined by the Courts rather than by an arbitrary statutory edict that would deprive the City of its day in court; and WHEREAS, a "use it or lose it" approach to street dedications by Florida Statute Section 255 . 22 appears to usurp the power of the Florida Courts to determine factual issues; and WHEREAS, the Mayor and City Commission hereby express their dissatisfaction with Florida Statute Section 255 . 22 as being tantamount to a municipal land "giveaway" , and thus express their policy against such divestitures of municipal property as contrary to public policy in that the effect of said law would materially affect the right of the public to use approximately 130 street ends, including waterfront property, located within this municipality' s boundaries; and WHEREAS, in accordance with its above-stated policy, the Mayor and City Commission hereby express their opposition to Florida Statute Section 255. 22 and, in this regard, grant to the City Attorney broad authority to pursue, in his discretion, all legal means necessary in order to effectuate the Mayor and City Commission' s policy against municipal land giveaways as evidenced by Florida Statute Section 255. 22 . NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that they hereby express their policy of opposing municipal land "giveaways" as would be affected by Florida Statute Section 255 . 22 , as amended, and express their opposition to said law inasmuch as it is contrary to the public ' s vested rights to use municipal street ends, including waterfront property. The Mayor and City Commission of the City of Miami Beach, Florida, therefore grant to the City Attorney broad authority to accomplish the stated policy by authorizing him, in his discretion, to pursue any and all legal means to defend the Mayor and City Commission ' s policy in opposition to Florida Statute Section 255 . 22 including, but not limited to, testing the constitutionality of said statute via declaratory relief. PASSED and ADOPTED this 19th day of May , 4.9 3 . MAYO' ATTEST: i( /k CITY CLERK (jko\ks a:res/ord/commemos\§25522.res) FORM APP OVED 2 LEGAL D 5 PT Date L-1 Afe/91 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305)673-7782 COMMISSION MEMORANDUM NO. QSg- c13 TO: Mayor Seymour Gelber and DATE: May 19 , 1993 Members of the City Commission FROM: Roger M. Ca City Irirealty. 4/14i .,...., SUBJECT: REPORT ON LAND USE AND DEVELOPMENT COMMI'TT'EE MEETING OF MAY 12, 1993 - 4:00 P.M. 1. CRITERIA FOR HOME PROGRAM FUNDING The Committee received a presentation by staff regarding proposed criteria for evaluating responses to the Notice of Funding Availability (NOFA) for the HOME Program. Committee Chairman Kasdin added homeownership as a priority, in that the City needs more ct?ble housing and asked that amenities such as recreation areas be v added to the criteria. Commissioner Eisenberg added his concerns that maintenance provisions must be stipulated in the criteria to assure that the projects will not become run down. Miami Beach Development Corporation.(MBDC) President, Denis Russ, made a presentation requesting HOME funds for the Scattered Site Homeownership Program. Staff advised that the City has indicated strong support for MBDC to apply through the NOFA process and promised a turnaround of 30-days, from receipt of MBDC's HOME proposal. 2. REVOCABLE PERMIT - DONNELLY The Committee discussed the issue raised by Mrs. Donnelly to issue a revocable permit. The Administration agreed to begin processing a revocable permit for Commission consideration. The Committee directed the City Attorney to review existing City policy and update it for Commission conssidtration and staff was directed to investigate all existing street end rights of way to determine which we should divest ourselves of. The City Manager stated tint he would revoke a nearby revocable permit previously issued due to substantial construction completed on the permit area by the permit holder. A follow-up report will be prepared for the Land Use Committee to be discussed at a future meeting. 1 AGENDA ITEM DATE 5- 1 / - ct3 • COMMISSION MEMO LAND USE COMMITTEE REPORT PAGE 2 3. COBB PROJECT UPDATE The Committee reviewed a proposed Second Extension and Clarification Agreement regarding the Cobb Project. A presentation was made by the Administration to clarify the points in the Agreement including a proposal to cap the agency's costs on the remaining acquisition. Tom Brinkley representing the developer made a presentation on the changes and introduced Howard Shapiro who's firm Pacific International Equities will be a new partner in the project. The Committee members agreed to forward its Agreement to the May 19, 1993, Agency meeting agenda. The meeting was adjourned at 6:05 p.m. RMC/HSM/cmc. Attachment 2 URIGINAL RESOLUTION NO. 93-20799 Expressing their policy against municipal land giveaways as affected by Florida Statute Section 255.22, as amended, and granting broad authority to the City attorney to pursue, in his discretion, all _necessary actions to accomplish the Mayor . _ and City Commission's policy of opposing the effect of Florida Statue Section 255. 22.