Miami-Dade Legislative Item
File Number: 051385
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File Number: 051385 File Type: Ordinance Status: Adopted
Version: 0 Reference: 05-98 Control: County Commission
File Name: INCORPORATION - USE OF UMSA BOND PROCEEDS Introduced: 5/5/2005
Requester: Office of Strategic Business Management Cost: Final Action: 5/17/2005
Agenda Date: 5/17/2005 Agenda Item Number: 7B
Notes: Title: ORDINANCE RELATING TO INCORPORATION; AMENDING SECTION 20-26 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO DISTRIBUTE BY RESOLUTION CERTAIN UNINCORPORATED MUNICIPAL SERVICE BOND PROCEEDS TO NEWLY INCORPORATED MUNICIPALITIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 043396]
Indexes: INCORPORATION
  UMSA
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Joe A. Martinez, Co-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 5/17/2005 7B Adopted P

County Attorney 5/5/2005 Assigned Cynthia Johnson-Stacks 5/5/2005

Infrastructure and Land Use Committee 4/12/2005 2V AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Joni Armstrong-Coffey advised the Committee of scrivener’s errors on handwritten page 5, Section 20-26 to correct the word “document’s” to state “documents” and to delete the word “charter.” Chairwoman Seijas announced that the foregoing proposed ordinance was open for public participation. Hearing no one wishing to be heard, the public hearing was closed. Commissioner Diaz stated that the Incorporation and Annexation Subcommittee (IAS) derived the foregoing proposed ordinance. Mr. Peter Velar, Budget Coordinator, Office of Strategic Business Management, noted that this proposal along with agenda items 2U and 2W were some of recommendations from the IAS. Commissioner Diaz noted that he requested staff through the County Commission Chairperson that the foregoing proposals reflect sponsorship by the IAS based upon the information provided in the County Manager’s memorandum. Chairman Seijas stated that the foregoing proposed ordinance should reflect sponsorship by the IAS. Commissioner Diaz, as the former Chair of the Incorporation and Annexation Subcommittee (IAS), asked Pete Velar, Budget Coordinator, to ensure that this ordinance appeared under the sponsorship of the IAS rather than the Office of Strategic Business Management. He also asked that Mr. Velar submit a list of all pending recommendations developed by the IAS for review by Committee members. In response to Commissioner Diaz’ request regarding the sponsorship, Assistant County Manager Ruiz noted that staff would correct the sponsorship to reflect the IAS. The Committee forwarded the foregoing proposed ordinance to the full Board with a favorable recommendation with committee amendment(s) to correct scrivener’s errors noted by the County Attorney and to reflect the sponsorship of the ordinance by the Incorporation and Annexation Subcommittee as requested by Commissioner Diaz.

Legislative Text


TITLE
ORDINANCE RELATING TO INCORPORATION; AMENDING SECTION 20-26 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO DISTRIBUTE BY RESOLUTION CERTAIN UNINCORPORATED MUNICIPAL SERVICE BOND PROCEEDS TO NEWLY INCORPORATED MUNICIPALITIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the County has authorized the creation of municipalities after September 1, 2000, conditioned upon those municipalities' compliance with certain pre-agreed conditions of incorporation, as authorized by Section 20-26 of the Code of Miami-Dade County, Florida; and WHEREAS, municipalities following September 1, 2000 have obligated themselves in their municipal charters to continue to pay their pro-rata share of any County debt outstanding at the time the municipality incorporates; and WHEREAS, the newly incorporated area, during the time that it was part of the unincorporated area, had bond proceeds allocated to projects; and WHEREAS, the Board of County Commission may still desire to allocate those bond proceeds to the same project notwithstanding its location within a new municipality,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Section 20-26 of the Code of Miami-Dade County, Florida, is
hereby amended to read as follows:1
Sec. 20-26. Future Municipalities' Obligations to the County.
>>(f) The Board of County Commissioners may by way of resolution allow the distribution of existing unincorporated bond proceeds to municipalities created after September 1, 2000 for the same type of project originally described in the bond documens.<<
Section 3. 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 4. 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 5. 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. 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.

HEADER
TO: Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners
FROM: George M. Burgess County Manager
Subject: Ordinance relating to incorporation; allowing for the use of Unincorporated Municipal Service Area bond proceeds to be used in newly incorporated municipalities
This action was recommended by the Incorporation and Annexation Subcommittee of the 2002-2004 Budget and Finance Committee.

STAFF RECOMMENDATION

MANAGER'S BACKGROUND
The Incorporation and Annexation Subcommittee (Subcommittee) held several meetings over the last year to review the County's incorporation and annexation policies and practices. Public input and commentary were provided and considered at these meetings. During this time, staff provided the Subcommittee with two detailed reports. At the direction of the Chair and Members of the Subcommittee, the first of these reports included policy approaches and recommendations that could be used to guide future incorporation and annexation requests. The report also served to clarify existing policies. The report was forwarded to both the Budget and Finance and Governmental Operations and Environment Committees for their review and consideration in January 2004. No action was taken at that time, but subsequently staff developed an updated report with recommendations. The revised report provided by staff recommended that the BCC continue with the established incorporation and annexation guidelines, and implement the codification of certain policies, and the report also provided additional policy matters for review. The Subcommittee met on October 14, 2004, and favorably forwarded this recommendation to the Budget and Finance Committee and BCC for consideration.
There is no established policy that allows for the expenditure of unincorporated area-related revenues within a municipality. The County Commission has authorized the expenditure of bond proceeds outside of UMSA by Board resolution. These types of bond revenues were approved and programmed at the time of incorporation for a designated area. This proposed legislation would allow the BCC, if it determines that it is in the best interest of the County, where it has issued bonds on behalf of UMSA, to fund improvements within the a newly incorporated municipality or annexed area. This includes, but in the future may not be limited to, the Quality Neighborhood Improvement and the Stormwater Utility Bond programs. As noted, the action has occurred through separate BCC resolution. Adoption of this item would simply codify a mechanism for the BCC to designate funds in this manner.

___________________________ Alex Muħoz Assistant County Manager



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