Miami-Dade Legislative Item
File Number: 071122
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File Number: 071122 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: County Commission
File Name: PHASE OUT MITIGATION FOR CERTAIN MUNICIPALITIES Introduced: 4/10/2007
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 11A
Notes: Title: RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS, UPON THE REQUEST OF THE TOWN OF MIAMI LAKES, THE VILLAGE OF PALMETTO BAY, AND THE CITY OF DORAL, TO PHASE OUT MITIGATION FOR THOSE MUNICIPALITIES UNDER CERTAIN CIRCUMSTANCES
Indexes: DORAL
  MIAMI LAKES
  PALMETTO BAY
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Katy Sorenson, 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 4/30/2007 SPEC. ITEM #2 Withdrawn
REPORT: See Report Under Special Item #3 Amended, Legislative File No. 071335.

County Attorney 4/10/2007 Assigned Cynthia Johnson-Stacks 4/10/2007

Legislative Text


TITLE
RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS, UPON THE REQUEST OF THE TOWN OF MIAMI LAKES, THE VILLAGE OF PALMETTO BAY, AND THE CITY OF DORAL, TO PHASE OUT MITIGATION FOR THOSE MUNICIPALITIES UNDER CERTAIN CIRCUMSTANCES

BODY
WHEREAS, in the Incorporation/Annexation and Mitigation Workshop of the Governmental, Operations and Environment Committee of the Board of County Commissioners, the Town of Miami Lakes, the Village of Palmetto Bay and the City of Doral discussed the phasing out of mitigation payments to the County, which were voted upon by the electors as a pre-agreed condition contained in their respective municipal charters; and
WHEREAS, the Board being duly advised, acting in furtherance of the County’s Home Rule powers, desires to phase out mitigation payments made by these municipalities in an orderly manner, as set forth in this resolution; and
WHEREAS, the County Commission expresses its intent and commitment to approve a resolution of the Board approving the phase-out of mitigation in accordance with the terms of this resolution upon the municipalities’ compliance with the terms of this resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board of County Commissioners expresses its intent to authorize modification of the charters of the Town of Miami Lakes, the Village of Palmetto Bay and the City of Doral to permit the phase out of mitigation as contemplated in this resolution, if the following conditions are met:
1) The modified charter of each municipality shall provide for payment of mitigation until Fiscal Year 2008-09. The payment due in Fiscal Year 2006-07 shall be for the total amount due as stipulated in the municipal charters. The amount payable in Fiscal Year 2007-08 shall be 66% of the Fiscal Year 2006-07 payment. The amount payable in Fiscal Year 2008-09 shall be 33% of the Fiscal Year 2006-07 payment. In Fiscal Year 2009-10 and subsequent fiscal years, no mitigation payment shall be required.
2) Each municipality shall present to the County a resolution of its government body approving a ballot question and proposed amended provisions of its municipal charter, which must provide for the phase-out of mitigation as contemplated in this resolution and relinquishment of its most favored nations clause protections related to mitigation.
3) Such ballot question and proposed amended provisions shall be acceptable in form and substance to the County Commission and shall have identical proposed ballot questions and amended charter language.
4) Such ballot question and proposed amended charter provisions shall expressly provide that the amended charter shall not be effective, unless the voters of each of the three municipalities by affirmative vote of resident electors voting in their respective municipalities approve the proposed amendments.
5) Such elections shall be called by each of the respective municipalities on the same date and shall be by mail ballot.
6) Each municipality shall submit to the Clerk of the Board of County Commissioners the resolutions, including draft ballot questions and proposed amended municipal charter provisions, prior to a County Commission vote to consider the municipalities’ requests.



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