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HomeMy Public PortalAbout1997-07 Municipal jurisdiction, authority over local roads within municipal boundariesRESOLUTION NO. 97-7 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; SUPPORTING MUNICIPAL JURISDICTION AND AUTHORITY OVER LOCAL ROADS WITHIN MUNICIPAL BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Municipalities have the responsibility of exercising jurisdiction over local roads within their borders in accordance with the laws of the State of Florida; and WHEREAS, local roads within the boundaries of municipalities are uniquely suited to governance by municipal authorities; and WHEREAS, roads that are owned and maintained by municipalities should be subject to regulation and prohibition of traffic in accordance with state and municipal law; and WHEREAS, Metropolitan Dade County has adopted a county ordinance which purports to convey exclusive authority over all roads - in both unincorporated and in incorporated areas - to the County itself; and WHEREAS, the Public Works Department of Metropolitan Dade County has attempted to exercise jurisdiction over local roads within the boundaries of municipalities; and WHEREAS, in the absence of a substantial showing that a municipal road or traffic regulation creates a significant negative impact upon county or state roads, there should be no interference by county agencies or departments in a city's exercise of municipal jurisdiction over roads within its boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Council urges officials of Metropolitan Dade County to repeal all county ordinances or sections thereof which purport to convey jurisdiction over municipal roads to the county. Section 2. The Village Council resolves to retain municipal jurisdiction and authority as set forth under statutes of the State of Florida. Section 3. The Village Council resolves to support the Town of Surfside in its defense of municipal jurisdiction within the case of, Metropolitan Dade County vs. Town of Surfside, originally filed in the Circuit Court in and for Dade County, Florida. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 lth day of February , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO 3 ae, YOR JOHN F. FESTA LEGAL SUFFICIENCY: RIC WEI : , ' ILLAG ORNEY