93-20799 RESO
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 I,ands not Used for 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
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
ATTEST:
'IG(k~ ~.~
CITY CLERK
(jko\ks a:res/ord/commemos\~25522.res)
FORM
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0.
~/;)I /N
CITY OF MIAMI BEACH
CITY HALL 1700CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: 13llI1 .13-1010
FAX: 13llI1 113-1112
COMMISSION MEMORANDUM NO. ;:;) ~-ll3
TO:
Mayor Seymour Gelber and
Members d the CIty CommIs8lon
DATE: May 19, 1993
FROM:
SUBJECT: REPORT ON LAND USE AND DEVELOPMENT COMMITl'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 stable housing anel askl'.d that ameniti~s such as recreation areas be
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, (MBDe) President, Denis Russ, made a
presentation requesting HOME funds for the Scattered Site Homeowilership
Program. Staff advised that the City has indicated strong suppa" for MBDe to apply
through the NOFA process and promised a turnaround of 3O-days, from receipt of
MBDes HOME proposal.
2. REVOCABLE PERMIT - DONNF.T.T.Y
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 consideration 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 th&t 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 repo" will be prepared for the Land
Use Committee to be discussed at a future meeting.
1
AGEND~_) -A
ITEM ""'"'
DATE
5-1 CJ -CfS
COMMISSION MEMO
LAND USE COMMITI'EE REPORT
PAGE 2
3. COBB FRomer UPDAlE
The Committee reviewed a proposed Second Extension and Clarification Agreement
regarding the Cobb Project. A presentation was made by the Ailmini~tration 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
panner 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
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