Resolution 10831 RESOLUTION NO. 1083±
WHEREAS, it is common knowledge that a controversial
zoning dispute has existed between Metropolitan Dade County
and the City of Miami pertaining to the appropriate zoning
for a tract of land located within the City of Miami, which
the Metropolitan Transit Authority desires to use for a bus
garage, a use prohibited by the Zoning Ordinances of the
City of Miami, and
WHEREAS, it is not the desire of the City Council of
the City of Miami Beach to intermeddle in a dispute to which
it is not a party, or to attempt to pass upon the merits of
said dispute, but
WHEREAS, it is admitted that it was the considered
judgment and determination of the Zoning Board of the City
of Miami that to permit the Metropolitan Transit Authority
to use said land for said purpose would be detrimental to
the comprehensive zoning plan of the City of Miami and
hurtful to the home owners in the neighborhood, and that
said determination was upheld and affirmed on appeal by the
City Council of the City of Miami, the duly elected and
constituted representatives of the people of the City of
Miami, and
WHEREAS, notwithstanding the foregoing, the Metropolitan
Dade County Commission rather than relying upon the Courts
for a judicial determination of the merits, in accordance
with honorable democratic processes, has seen tit, instead,
to resort to the philosophy of "L'Etat, C ' est moi, " and that
"Might is Right" by adopting pretended legislation purporting
to exempt itself from the operation of duly enacted laws by
duly constituted authority, and arrogating to itself the right
to judge its own case, and
WHEREAS, the City Council of the City of Miami Beach
believes that such philosophy of government is abhorrent to
all right-thinking people and poses a grave threat to the
liberties and property rights of the citizens of Miami Beach
in that by carrying such philosophy of government to its
logical conclusion, it would permit Metropolitan Dade County,
by its mere fiat and ipse dixit to construct and maintain,
for example, an abattoir or incinerator in any area in Dade
County including the City of Miami Beach,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, that the Metropolitan Dade County
Commission be urged to review, reconsider and thereafter
rescind its foregoing action and thereby reassure the citizenry
of Dade County that there is no room in Dade County for such
lawless philosophy of government, and be it
FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MIAMI BEACH, that copies of this Resolution be transmitted
OFFICE OF CITY ATTORNEY- 1130 WASHINGTON AVENUE-MIAMI BEACH 39,FLORIDA
by the City Clerk to the City Council of the City of Miami
and to the Metropolitan Dade County Commission.
PASSED and ADOPTED this 3rd day of October 1962.
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Mayor
ATTEST:
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OFFICE OF CITY ATTORNEY- 1 130 WASHINGTON AVENUE-MIAMI BEACH 39,FLORIDA
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