Miami-Dade Legislative Item
File Number: 040751
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File Number: 040751 File Type: Ordinance Status: Adopted
Version: 0 Reference: 04-104 Control: Board of County Commissioners
File Name: CREATE & EST THE NORTHEAST DADE AREA MUNICIPAL ADVISORY COMM Introduced: 3/16/2004
Requester: NONE Cost: Final Action: 5/13/2004
Agenda Date: 5/11/2004 Agenda Item Number: 6H
Notes: sunsets 1 yr from effective date Title: ORDINANCE CREATING AND ESTABLISHING THE NORTHEAST DADE AREA MUNICIPAL ADVISORY COMMITTEE, DIRECTING STAFF TO PREPARE A STUDY OF THE POSSIBLE CREATION OF A NEW MUNICIPALITY IN THE AREA OF NORTHEAST DADE; PROVIDING WAIVER OF SECTIONS 2-11.37(C) AND 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: MUNICIPAL ADVISORY COMMITTEE
  MUNICIPALITIES
  NORTHEAST DADE
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: Yes Effective Date: 5/21/2004 Expiration Date: 5/11/2005
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 5/13/2004 6H Adopted P
REPORT: Commissioner Seijas requested that the foregoing proposed ordinance be deferred. Commissioner Heyman noted a Municipal Advisory Committee (MAC) was not being created, but was being extended at the request of staff to provide information to the residents. She further noted this item was representative of the area.

Board of County Commissioners 5/11/2004 6H Deferred 5/13/2004 P
REPORT: Following Commissioner Seijas' comments regarding the deferral of the foregoing proposed ordinance due to the absence of Commissioner Heyman the sponsor of the item, Chairperson Carey-Shuler noted that Commissioner Heyman requested that the Board consider the foregoing proposed ordinance. Assistant County Manager Alex Munoz advised the Board that the Northeast Dade Area Municipal Advisory Committee (MAC) was an existing MAC that expired April 2004 (Resolution R-341-03). Therefore, the foregoing proposed ordinance would allow the continuance of the Northeast Dade Area MAC. Mr. Peter Velar, Budget Coordinator, Office of Strategic Business Management, advised the members of the Board that the foregoing proposed ordinance was necessary because the resolution sunset the Northeast Dade Area MAC and the MAC had not completed its report to be submitted to the Board. The Board by motion duly made, seconded and carried, deferred the foregoing proposed ordinance to the May 13, 2004, Board meeting. (NOTE: See Legistar Meeting Key #1616).

Budget and Finance Committee 4/22/2004 2A Forwarded to BCC with a favorable recommendation P
REPORT: Chairperson Morales announced that the foregoing proposed ordinance was open for public participation, and there being no persons to appear before the Committee, the public hearing was closed. Commissioner Heyman stated the proposed ordinance reestablished the Northeast Dade Area Municipal Advisory Committee (MAC) to allow comprehensive County information to be disseminated to all interested persons. She noted the County Commission needed to revisit the incorporation process to ensure that non-political and comprehensive information was provided to the community. Commissioner Diaz indicated the Incorporation and Annexation Subcommittee would present a comprehensive policy on incorporation to the County Commission.

Board of County Commissioners 4/13/2004 Scheduled for a public hearing Budget and Finance Committee 4/22/2004

Board of County Commissioners 4/13/2004 13A Adopted on first reading 4/22/2004 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Budget and Finance Committee on April 22, 2004 at 9:30 a.m.

County Attorney 3/16/2004 Assigned Budget and Finance Committee 4/22/2004

County Attorney 3/16/2004 Assigned Craig H. Coller

Legislative Text


TITLE
ORDINANCE CREATING AND ESTABLISHING THE NORTHEAST DADE AREA MUNICIPAL ADVISORY COMMITTEE, DIRECTING STAFF TO PREPARE A STUDY OF THE POSSIBLE CREATION OF A NEW MUNICIPALITY IN THE AREA OF NORTHEAST DADE; PROVIDING WAIVER OF SECTIONS 2-11.37(c) AND 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Creating of the Northeast Dade Area Municipal Advisory Committee; composition:
There is hereby created a Northeast Dade Area Municipal Advisory Committee consisting of a minimum of no less than seven (7) members and no more than eleven (11) members. The initial members as well as any vacancies on the Northeast Dade Area Municipal Advisory Committee shall be those members appointed pursuant to memorandum to be issued by the County Commissioner for the District. The members of the committee shall select officers from the membership as desirable or necessary.

Section 2. Purposes.
1) To review the possible incorporation of the generally described area:
North: NE 215th Street or County Line Road
East: the Florida East Coast Railway along West Dixie Highway
South: the City of North Miami Beach
West: Interstate 95 from NE 215th Street south to the Snake Creek Canal.
2) To prepare an advisory report that shall address the results of the study prepared by County staff as well as incorporation concerns of members of the Board of County Commissioners and the manner in which those concerns may be alleviated in the event Northeast Dade Area is incorporated as a new municipality.
Section 3. Duties and Responsibilities.
1) The committee shall conduct no less than two duly advertised public hearings at which the residents of the area shall have the opportunity to express their views and concerns regarding the proposed incorporation of the Northeast Dade Area.

2) Prior to the first public hearing, the committee shall have reviewed the tape of the County Commission workshop on incorporation held on January 14, 1999, and shall be familiar with written materials concerning incorporation presented to the Board of County Commissioners at that time and at any subsequent meeting or workshop.

3) The committee’s responsibilities shall terminate upon submission of its report to the Board of County Commissioners.

Section 4. The requirement of Section 2-11.37(c) of the Code of MiamiDade County is hereby waived.
Section 5. Notwithstanding the provisions of Section 2-11.38 of the Code of MiamiDade County, a member of a Community Council may simultaneously serve on the Northeast Dade Area Municipal Advisory Committee.
Section 6. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 7. 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 8. 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.
Section 9. This ordinance shall stand repealed one year from its effective date.



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