Miami-Dade Legislative Item
File Number: 030984
   

File Number: 030984 File Type: Ordinance Status: Adopted
Version: 0 Reference: 03-88 Control: County Commission
File Name: CREATION OF CITY OF DORAL Introduced: 4/3/2003
Requester: NONE Cost: Final Action: 4/22/2003
Agenda Date: 4/22/2003 Agenda Item Number: 4A
Notes: p.h. 4-22-03 BCC Title: ORDINANCE AUTHORIZING CREATION OF A NEW MUNICIPALITY IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AS THE CITY OF DORAL, SUBJECT TO THE APPROVAL OF A MUNICIPAL CHARTER BY QUALIFIED ELECTORS; PRESCRIBING THE MUNICIPAL BOUNDARIES; PRESCRIBING POWERS; SUPERSEDING CONFLICTING PROVISIONS; PROVIDING INTERDEPENDENCY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 10A1]
Indexes: DORAL
  INCORPORATION
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 4/22/2003 4A Adopted P
REPORT: County Attorney Ginsburg read Agenda Item 4A into the record and stated that its companion item was Agenda Item 10A1Substitute Commissioner Diaz expressed his appreciation to everyone who assisted in the incorporation efforts for Doral. Vice-chairperson Sorenson opened the public hearing. Mr. Jerome Riseman, Chairman of the Doral Charter Committee, expressed his appreciation to the members of the Board of County Commissioners, County Manager George Burgess, and County Attorney Robert Ginsburg for giving Doral the opportunity to become a city. There being no other persons to appear in connection with the foregoing proposed resolution, the public hearing was closed.

Board of County Commissioners 4/10/2003 13DD Adopted on first reading 4/22/2003 P
REPORT: The public hearing for the foregoing proposed ordinance was scheduled for the Board of County Commissioners' meeting of April 22, 2003.

Board of County Commissioners 4/8/2003 13DD Carried over 4/10/2003
REPORT: (NOTE: See Legistar Meeting Key #1292.)

County Attorney 4/3/2003 Assigned Craig H. Coller

Legislative Text


TITLE
ORDINANCE AUTHORIZING CREATION OF A NEW MUNICIPALITY IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AS THE CITY OF DORAL, SUBJECT TO THE APPROVAL OF A MUNICIPAL CHARTER BY QUALIFIED ELECTORS; PRESCRIBING THE MUNICIPAL BOUNDARIES; PRESCRIBING POWERS; SUPERSEDING CONFLICTING PROVISIONS; PROVIDING INTERDEPENDENCY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, Section 5.05 of the Dade County Home Rule Charter provides that the Board of County Commissioners may authorize the creation of new municipalities in the unincorporated areas of Miami-Dade County, Florida, after hearing the recommendations of the Planning Advisory Board, after a public hearing, and after an affirmative vote of the majority of the electors voting and residing within the proposed boundaries; and
WHEREAS, Chapter 20, Article II of the Code of Miami-Dade County, Florida, provides a procedure for the incorporation of new municipalities in the unincorporated areas of Miami-Dade County, Florida; and
WHEREAS, this Board has received the recommendations of the Planning Advisory Board with regard to the proposed incorporation of the area currently identified as Doral; and
WHEREAS, on October 8, 2002, this Board conducted a public hearing upon the issue of creating such new municipality; and
WHEREAS, this Board by Resolution No. R-1358-02 adopted on November 19, 2002 called a special election for January 28, 2003, for the purpose of submitting to the electors voting and residing within the proposed boundaries of Doral the question of whether the County Commission shall be authorized to create such new municipality; and
WHEREAS, at the election duly held on January 28 2003, the creation of such new municipality was approved by a majority of the electors voting and residing within the proposed boundaries; and
WHEREAS, this Board by Resolution No. R-152-03, adopted February 20, 2003, created a charter commission comprised of five electors residing within the boundaries of the proposed municipality; and
WHEREAS, this Board hereby expresses its intent to authorize the creation of the new municipality currently known as Doral conditioned upon the electors residing within the proposed boundaries of such municipality approving a municipal charter that substantially incorporates the provisions of the Doral Area Municipal Advisory Committee Report as modified by the Board pursuant to Resolution R-1358-02 and mandating that the municipality enter into an interlocal agreement with Miami-Dade County to implement provisions of such charter, as necessary, pertaining to the municipality's relationship with the County; and
WHEREAS, this Board finds and determines that all provisions and requirements of the Dade County Home Rule Charter governing the creation of a new municipality have been complied with, all steps necessary have been lawfully taken, and all applicable provisions of law have been fully complied with and fulfilled,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitations are hereby incorporated into this ordinance.
Section 2. The creation of a new municipality in Miami-Dade County, Florida is authorized, and such municipality, known as the City of Doral, is hereby created, subject to the provisions of this ordinance, and the approval of the municipal charter provided for herein, and the boundaries of such new municipality are hereby fixed, established and described as set forth in "Exhibit A" hereto and incorporated herein by reference. A sketch of the boundaries of the proposed municipality is attached to this ordinance as Exhibit "B."
Section 3. All special laws applying only to Miami-Dade County, Florida, or to any municipality in Miami-Dade County, or any general law which the Board of County Commissioners is authorized by the Constitution or the Home Rule Charter to supersede, nullify, modify or amend, or any part of any such law, or any prior ordinances or resolutions of Miami-Dade County in conflict with the procedures for the incorporation of Doral, are hereby superseded.
Section 4. The provisions of this ordinance are interdependent upon one another, and the entire ordinance shall be deemed invalid if any of its provisions are declared invalid or unconstitutional. If any of the sections of this ordinance are found or adjudged to be illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

"EXHIBIT A"

CITY OF DORAL

Legal Description



“EXHIBIT A”

CITY OF DORAL

Legal Description


A Portion of Miami-Dade County, Florida, more particularly described as follows:

BEGINNING at the Northeast corner of Section 8, Township 53 South, Range 40 East in Miami-Dade County, Florida, said corner also being the intersection of the Center line of NW 90 Street with the Center line of NW 97 Avenue; thence Westerly following the Center Line of NW 90 Street along the North line of said Section 8, said line being also the South boundary line of the Town of Medley, to the West boundary line of said Town of Medley and the Northwest corner of said Section 8; thence continue Westerly following the Center line of NW 90 Street, along the North line of Section 7, Township 53 South, Range 40 East, to the Northwest corner of said Section 7; thence continue Westerly following the Center Line of the NW 90 Street, along the North line of Section 12 in Township 53 South, Range 39 East, to the Easterly Limited Access Right-of-Way line of State Road No. 821 (Homestead Extension of Florida Turnpike) as shown on the Florida State Department of Transportation Right-of-Way Map Section 87005-2310 dated May 20, 1970; thence Southerly, along said Easterly Limited Access Right-of- Way line of State Road No. 821 through Sections 12, 13, 24, and 25 in Township 53 South, Range 39 East, to the point of intersection with the Center Line of NW 25 Street, said line also being the South line of said Section 25; thence Easterly following the Center Line of NW 25 Street along the South line of said Section 25 to the Southwest corner of Section 30, Township 53 South, Range 40 East; thence continue Easterly along the South line of said Section 30, said line also being the Northerly Right-of-Way line of the NW 25 Street Canal, to the point of intersection with the Center Line of NW 107 Avenue, said point also being the Southeast corner of said Section 30; thence Southerly following the Center Line of NW 107 Avenue along the West line of Section 32, Township 53 South, Range 40 East, to the Southwest corner of said Section 32; thence continue Southerly along the West line of Government Excess Lot 5 between Township 53 and 54 South, Range 40 East, to the Northerly Limited Access Right-of- Way line of State Road No. 836 (Dolphin Expressway Extension) as shown on the Florida State Department of Transportation Right-of-Way Map Section 87200-2521 dated May 17, 1971; thence Easterly, along said Northerly Limited Access Right-of-Way line of State Road No. 836 through said Government Excess Lot 5 and Government Excess Lot 4, and through Sections 33 and 34 in Township 53 South, Range 40 East, and through Government Excess Lot 3, to the Easterly Limited Access Right-of- Way line of State Road No. 826 (Palmetto Expressway) as shown on the Florida State Department of Transportation Right-of-Way Map Section 8726-101 recorded in Road Plat Book 72 at Page 61 of the Public Records of Miami-Dade County, Florida; thence Northerly , along the Westerly Limited Access Right-of-Way line of State Road No. 826 (Palmetto Expressway) through Sections 34, 27, and 22 in Township 53 South, Range 40 East, to the Center Line of NW 58 Street; thence Westerly following the Center Line of NW 58 Street, along the North line of said Section 22 and the North line of Section 21, Township 53 South, Range 40 East, to the Northwest corner of said Section 21, said corner also being the intersection of the Center line of NW 58 Street with the Center Line of NW 97 Avenue; thence Northerly following the Center Line of NW 97 Avenue, along the East line of Section 17, Township 53 South, Range 40 East, and along the East line of said Section 8, to the Northeast corner of said Section 8, said corner also being the intersection of the Center line of NW 90 Street with the Center line of NW 97 Avenue, and the POINT OF BEGINNING.



"EXHIBIT B"

CITY OF DORAL

Map





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