Established.

Miami City Code § 54-60

in effect

Sec. 54-60. - Established. (a) The trust fund is hereby established into which funds shall be deposited and from which funds shall be withdrawn pursuant to this article to pay for the procurement of right-of-way construction or improvement of rights-of-way as identified within an area with an adopted street master plan or streetscape master plan, as the term is defined in Miami 21, in the following manner: (1) Not less than 80 percent of the trust fund shall be expended on construction of new right-of-way improvements or maintenance of enhanced improvements constructed pursuant to a street master plan during each fiscal year within an adopted street master plan area and attributable to the properties that contributed to the trust fund from that street master plan area. However, if the city manager or his/her designee determines that there are insufficient reserves in the trust fund to implement right-of-way enhancements, funds may be carried over to the next fiscal year. (2) Not more than 20 percent of the trust fund shall be expended on activities directly related to improvement of existing right-of-way in the street master plan area in which it was collected during each fiscal year, including, but not limited to, survey work, site inventory and analysis, civil engineering and landscape architectural design services, inspection services for new plantings, and other related project expenses. (b) Expenditures undertaken pursuant to this article may be made by the city manager or his/her designee. All trust fund expenditures made by the city manager shall only be made after a recommendation is made by the directors of the departments of planning and resilience and public works as to such expenditures and any business improvement district in the area where the expenditure is being made, if applicable. Notwithstanding the foregoing, the city commission may, by unanimous vote, approve or expedite any expenditure permitted by this article. No expenditure may be made for new right-of-way improvements until either (1) an executed covenant to run with the land in which the property owner(s) agrees to maintain the right-of-way is authorized by the director of resilience and public works, in a form acceptable to the city attorney, or (2) another governmental entity executes an agreement authorized by the director of resilience and public works, in a form acceptable to the city attorney, agreeing to maintain the non-standard improvements. (c) It is the intent of this article that prior to the expenditure of funds for the above listed items by the city manager, that due consideration is given to written recommendations from the directors of the departments of planning and resilience and public works. (d) Any unused monies in the trust fund may be returned to the property owner upon request if the proposed improvements are not constructed within ten years of contribution into the trust fund; provided, however, that for this purpose, the expenditure and appropriation of trust fund payments shall be deemed to occur in the same sequential order as the collection of the same on a first payment in, first payment out basis. For the purpose of such return of unused monies, the property owner shall mean the property owner at the time of the original payment regardless of current ownership of the property. (Ord. No. 13948, § 2, 12-10-20)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTIICOEXRE_S54-60ESFetched: 11/1/2026