Miami-Dade Legislative Item
File Number: 023211
   

File Number: 023211 File Type: Resolution Status: Withdrawn
Version: 0 Reference: Control: County Commission
File Name: RESO CALLING SPECIAL ELECTION REGARDING DORAL Introduced: 11/8/2002
Requester: NONE Cost: Final Action:
Agenda Date: 11/19/2002 Agenda Item Number: 9A9
Notes: Title: RESOLUTION CALLING SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON JANUARY 28, 2003, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS RESIDING WITHIN THE BOUNDARIES OF A PROPOSED NEW MUNICIPALITY IN THE AREA OF DORAL THE QUESTION OF WHETHER THE BOARD OF COUNTY COMMISSIONERS SHOULD BE AUTHORIZED TO CREATE A NEW MUNICIPALITY IN THE AREA OF DORAL PURSUANT TO SECTION 5.05 OF THE MIAMI-DADE COUNTY HOME RULE CHARTER
Indexes: SPECIAL ELECTION
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/19/2002 9A9 Withdrawn
REPORT: See Agenda Item 9A9 Substitute, Legislative File #023300 and Agenda Item 9A9 Substitute as Amended, Legislative File #023519.

County Attorney 11/8/2002 Assigned Cynthia Johnson-Stacks

Legislative Text


TITLE
RESOLUTION CALLING SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON JANUARY 28, 2003, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS RESIDING WITHIN THE BOUNDARIES OF A PROPOSED NEW MUNICIPALITY IN THE AREA OF DORAL THE QUESTION OF WHETHER THE BOARD OF COUNTY COMMISSIONERS SHOULD BE AUTHORIZED TO CREATE A NEW MUNICIPALITY IN THE AREA OF DORAL PURSUANT TO SECTION 5.05 OF THE MIAMI-DADE COUNTY HOME RULE CHARTER

BODY
WHEREAS, Section 5.05 of the Home Rule Charter establishes the framework by which new municipalities may be created in Miami-Dade County; and
WHEREAS, the Doral Area Municipal Advisory Committee (the "Committee"), a group of Doral area residents appointed by the Board of County Commissioners (the "Board") to address the issues which have impeded the area's incorporation efforts thus far, has submitted its Doral Area Municipal Advisory Committee report and resolution (attached hereto and incorporated herein by reference as Composite Exhibit A) which offer acceptable solutions to the issues relating to incorporation which concern the Board; and
WHEREAS, the Doral Area Municipal Advisory Committee report provides in a memorandum of understanding that the new municipality will, among other things, contract with the Miami-Dade Police Department for patrol police services for an initial period of three years, and
WHEREAS, the Doral Area Municipal Advisory Committee report provides in a memorandum of understanding that the new municipality will, among other things, contribute to the County's Municipal Service's Trust Fund ("MSTF") 1.0 mill of the total taxable value of the residential area within the new city of Doral, as established by the area's preliminary tax roll during the first year of operation and contribute that amount on an annual basis thereafter, as adjusted based on the Consumer Price Index for the Miami area; and
WHEREAS, the Doral Area Municipal Advisory Committee report provides in a memorandum of understanding that the new municipality will, among other things, contribute annually to the MSTF the equivalent of 1.3 mills of the total taxable value of the area designated as commercial/business/industrial area ("CBI") within the new city of Doral, as established by the area's preliminary tax roll for each year; and
WHEREAS, basing Doral's CBI contribution on each year's CBI preliminary tax roll value will ensure that the proposed city's contribution to the MSTF will grow as the area's tax roll grows and the value of any new development will be captured in any increase in the preliminary tax roll on which the contribution amount is based; and
WHEREAS, the Doral Area Municipal Advisory Committee understands and acknowledges that the special conditions for incorporation include, but are not limited to, remaining a part of the Miami-Dade Fire Rescue District, the Miami-Dade Public Library System, the Miami-Dade Solid Waste collection system, as well as contracting and paying for specialized polices services from the Miami-Dade County Police Department; and
WHEREAS, the Doral Area Municipal Advisory Committee understands and acknowledges that payment for contracted specialized police services will continue from year-to-year and the costs upon which such payments are based will be recalculated every three years and will be determined based upon the municipality's utilization over the previous three years; and
WHEREAS, the Doral Area Municipal Advisory Committee understands and acknowledges that payment for the specialized police services will come from the municipality's millage revenue or other available municipal revenues; and that payment of specialized police services shall remain so long as any of the special conditions for incorporation exist; and
WHEREAS, the Board is desirous of calling a special election resolution in reliance upon the representations contained in the Report and Resolution of the Doral Area Municipal Advisory Committee and the statements contained in this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The matters set for above are hereby incorporated by reference in this Resolution.
Section 2. A special Election is hereby called and shall be held in Miami-Dade County, Florida, on Tuesday, JANUARY 28, 2003, for the purpose of submitting to the qualified electors residing within the boundaries of a proposed new municipality in the area of Doral the question of whether or not the Board of County Commissioners should be authorized to create a new municipality in the area of Doral pursuant to Section 5.05 of the Miami-Dade Home Rule Charter. The boundaries of the proposed new municipality are as follows:
North: NW 90th Street east from NW 157th Avenue to NW 97th Avenue, south on NW 97th Avenue to NW 74th Street, east on NW 74th Street and following the current Medley Boundary to Palmetto Expressway right-of-way (R-O-W)

East: Palmetto Expressway R-O-W from southern boundary of Medley, south to NW 36th Street, east on NW 36th Street to NW 69th Avenue, south on NW 69th Avenue to NW 16th Street, from NW 16th Street follow the western and southern boundaries of the airport back to NW 69th Avenue

West: NW 157th Avenue south from NW 90th Street to NW 25th Street

South: NW 25th Street east from NW 157th Avenue to NW 107th Avenue, south to the Dolphin Expressway (SR836), east to NW 69th Avenue

A sketch of the boundaries of the proposed new municipality is attached to this Resolution as Exhibit B.
Section 3. The special election is called in reliance upon the representations of the Doral Area Municipal Advisory Committee contained in its report adopted by resolution dated September 9, 2002 (Composite Exhibit A).
Section 4. Notice of such a special election shall be published in accordance with Section 100.342, Florida Statutes (2000).
Section 5. The results of such special election shall be determined by a majority of the qualified electors residing within the boundaries of a proposed new municipality in the area of Doral voting upon the question. The polls at such special election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such special election. All qualified electors residing within the boundaries of a proposed new municipality in the area of Doral, Miami-Dade County, Florida, shall be entitled to vote at said special election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until thirty (30) days prior to the date of such special election, at which time the registration books will be closed in accordance with the provisions of the general election laws. Touch screen voting machines shall be used in such special election, and the question shall appear on the ballot in substantially the following form:

PROPOSED NEW MUNICIPALITY: DORAL

SHALL THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS BE AUTHORIZED TO CREATE A NEW MUNICIPALITY IN THE AREA OF DORAL WITH THE FOLLOWING GENERAL BOUNDARIES?

NORTHERNMOST BOUNDARY:

NW 90th Street

EASTERNMOST BOUNDARY:

NW 69th Avenue


SOUTHERNMOST BOUNDARY:

Dolphin Expressway (S.R. 836)

WESTERNMOST BOUNDARY:

NW 157th Avenue

YES
*
NO
*

Section 6. Such question shall appear on the ballot as a separate question or proposal. Those qualified electors desiring to adopt or approve such proposal shall be instructed to vote "YES". Those qualified electors desiring to reject or disapprove the question shall be instructed to vote "NO".
Section 7. Optical scan or touch screen systems may be used for absentee voting by qualified electors residing within the boundaries of a proposed new municipality in the area of Doral for voting on this question at said special election. The form of such absentee ballot shall be in accordance with the requirements prescribed by the general election laws, and shall have printed thereon the question or proposal hereinabove set forth, with a proper place for voting either "YES" or "NO" following the statement of the question or proposal aforesaid.
Section 8. A sample ballot showing the manner in which the question or proposal aforesaid will appear on the touch screen systems at this special election shall be published and provided in accordance with the applicable provisions of the general election laws.
Section 9 The election on the questions or proposal aforesaid shall be held in accordance with applicable provisions of general law relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Manager, the Finance Director, the Supervisor of Elections and the Clerk of The County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. The special election shall be a nonpartisan election. Election Inspections Boards, inspectors and clerks to serve as elections officials in connection with this special election shall be appointed in accordance with the provisions of the general election laws.
Section 10. This special election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 2.07 of the Home Rule Charter.



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