Legislative Matter

Miami-Dade Legislative Item
File Number: 080604

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Clerk's Official Copy

File Number: 080604

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 08-69

Control: Board of County Commissioners

File Name: CHANGE BOUNDARIES FOR CITY OF N. MIAMI, FLORIDA

Introduced: 2/27/2008

Requester: NONE

Cost:

Final Action: 6/3/2008

Agenda Date: 6/3/2008

Agenda Item Number: 7D

Notes:

(X/081377) REQUIRES P.H 6WKS, 4WKS NOTIFICATION

Title:

ORDINANCE CHANGING THE BOUNDARIES OF THE CITY OF NORTH MIAMI, FLORIDA, AND AMENDING THE CHARTER OF SUCH MUNICIPALITY BY PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS, UNDER AND PURSUANT TO PROCEEDINGS PRESCRIBED BY SECTION 6.04(B) OF THE HOME RULE CHARTER; PROVIDING FOR RESERVATION TO THE COUNTY OF ELECTRIC FRANCHISE, UTILITY TAX AND CIGARETTE TAX REVENUES; PROVIDING RETENTION OF GARBAGE AND REFUSE COLLECTION AND DISPOSAL; PROVIDING THAT THE ORDINANCE WILL ONLY BECOME EFFECTIVE UPON THE OCCURRENCE OF CERTAIN EVENTS; PROVIDING INTERDEPENDENCY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 11A8]

Indexes:	BOUNDARIES
	CITY OF NORTH MIAMI

Sponsors:

County Commission

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	6/3/2008	7D	Adopted				P

Governmental Operations and Environment Committee	5/13/2008	3A	Forwarded to BCC with a favorable recommendation				P
REPORT:	The foregoing proposed ordinance was read into the record by Assistant County Attorney Geri Bonzon-Keenan. Hearing no objection, Item 3D was heard simultaneously with Agenda Item 3A. Chairwoman Seijas opened the public hearing, and the following individual(s) appeared in connection with this ordinance: Mayor Kevin Burns, City of North Miami, appeared in support of the annexation. He noted this property was located in both the City of North Miami and Unincorporated Miami-Dade County’s jurisdictions, and would be used for affordable housing development. He expressed concern that the residents living in this development would have two providers (the City and the County) for garbage service, and recommended they have only one. Seeing no other person to appear, Chairwoman Seijas closed the public hearing. Commissioner Gimenez questioned whether the language in this ordinance providing for retention of garbage/refuse collection and disposal meant the County would retain the garbage collection service. Mr. Vicente Castro, Deputy Director, Solid Waste Management (SWM), noted an Interlocal Agreement between the County and the City of North Miami (City) would determine the provider; however, SWM had no problem with the City continuing to collect the garbage since it disposed of its garbage at the County’s disposable facilities anyway. In response to Commissioner Diaz’ inquiry whether the provision stated in this ordinance posed any legal issues, Assistant County Attorney Craig Coller noted pursuant to County Code 20-8.4 regarding annexations, the County was required to retain the garbage collection services. He noted this ordinance did not provide an exception in its title; therefore, it could not be modified. He suggested the garbage collection issue be resolved through a subsequent interlocal agreement. Commissioner Rolle expressed concern that exhibits/maps provided in agenda packages were often illegible and asked in which district was this property located. Chairwoman Seijas suggested whoever prepared the agenda kits be more conscientious in providing legible copies of maps/exhibits. Mr. George Fernandez, Office of Strategic Business Management, apologized for the obscure maps, and noted he would correct this in future agendas. He noted the property was located in District 2, in response to Commissioner Rolle’s question. Assistant County Attorney Coller noted he reviewed the Code again, and found it expressly provided that collection services could be worked out through an interlocal agreement, and should not be an issue with this ordinance. In response to Commissioner Diaz’ question regarding differences in the City’s costs per residence versus the County’s cost to provide this service, Mr. Fernandez noted the properties were currently vacant, hence, no cost. Chairwoman Seijas asked Mr. Jorge Fernandez, OSBM, for future references, to provide a report on the measurement (in tons) of garbage collected by municipalities and disposed of in County facilities. She also asked that this information, as it pertained to the City of North Miami, be provided to the District Commissioner, as well as the City Administration, before this item was presented before the County Commission. Hearing no further comments or questions, the committee proceeded to vote on the foregoing proposed ordinance as presented. Commissioner Gimenez asked that staff provide maps and graphic attachments in color, to the agenda coordinator’s office for inclusion in the Committee and Board of County Commissioner agenda packages.

Board of County Commissioners	3/18/2008		Tentatively scheduled for a public hearing	Governmental Operations and Environment Subcomte	5/13/2008

Board of County Commissioners	3/18/2008	4C	Adopted on first reading		5/13/2008		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and tentatively set for public hearing before the Governmental Operations and Environment Committee meeting on May 13, 2008 at 9:30 a.m.

Board of County Commissioners	2/28/2008		Requires Municipal Notification	Governmental Operations and Environment Committee		5/13/2008

County Attorney	2/27/2008		Assigned	Governmental Operations and Environment Committee	5/13/2008

County Attorney	2/27/2008		Assigned	Craig H. Coller

Legislative Text

TITLE
ORDINANCE CHANGING THE BOUNDARIES OF THE CITY OF NORTH MIAMI, FLORIDA, AND AMENDING THE CHARTER OF SUCH MUNICIPALITY BY PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS, UNDER AND PURSUANT TO PROCEEDINGS PRESCRIBED BY SECTION 6.04(B) OF THE HOME RULE CHARTER; PROVIDING FOR RESERVATION TO THE COUNTY OF ELECTRIC FRANCHISE, UTILITY TAX AND CIGARETTE TAX REVENUES; PROVIDING RETENTION OF GARBAGE AND REFUSE COLLECTION AND DISPOSAL; PROVIDING THAT THE ORDINANCE WILL ONLY BECOME EFFECTIVE UPON THE OCCURRENCE OF CERTAIN EVENTS; PROVIDING INTERDEPENDENCY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
Section 1. The municipal boundaries of the City of North Miami are hereby changed, extended and enlarged, and the charter of such municipality is hereby amended by the annexation to the City of North Miami of the following property:
Annexation by the City of North Miami
Legal Description
That portion of the S� of the NW� of the SW � of the SW � of Section 19, Township 52 South, Range 42 East, lying East of the centerline of NE 2nd Ave. (known as NE 2nd Ct.) as shown and delineated upon Deed Book 1952, Page 509, of record, in MiamiDade County, Public Record�s, Florida.

And

That portion of the S � of the N� of the NW� of the SW � of the SW � Section 19, Township 52 South, Range 42 East, lying East of the centerline of NE 2nd Ave. (known NE as 2nd Ct.) as shown and delineated upon Deed Book 1952, Page 509, of record, in Miami- Dade County, Public Record�s, Florida.

encompassing an area described by Resolution No. R-2005-21, passed and adopted by the Commission of the City of North Miami, which resolution is attached hereto as Attachment A and made a part hereof by reference. A map depicting the annexed area is attached hereto as Attachment B and made a part hereof by reference. In the event of any inconsistency between the boundaries of the annexation area as described by the legal description and the map identified as Attachment B, the boundaries of the annexation area as described by the legal description shall prevail.
Section 2. Pursuant to Section 20-8.1, 20-8.2 and 20-8.3 of the Code of Miami-Dade County, this ordinance shall be effective only upon the condition and with the reservation that the County shall continue to collect and reserve all electric franchise revenues accruing within the annexed area during the full term of the County franchise, and the County shall forever continue to collect and receive all utility tax revenues and all cigarette tax revenues accruing within the annexed area in the same manner as though the annexed area remained a part of the unincorporated areas of the County.
Section 3. Pursuant to Section 20-8.4, Code of Miami-Dade County, this Ordinance shall be effective only upon the condition and with the reservation that the County shall forever continue to collect and dispose of all residential waste within the annexed area in the same manner as though such annexed areas remained part of the unincorporated areas of the County, unless the authority to collect such waste is delegated by the County to the governing body of the municipality through a twenty (20) year interlocal agreement which provides for collection services, and a twenty (20) year interlocal agreement which provides for disposal services in substantially the form approved by Resolution No. R119895.
Section 4. This Ordinance shall be effective only if the City of North Miami executes a duly authorized interlocal agreement acceptable to the County wherein it agrees that the County shall continue to collect and reserve all electric franchise revenues accruing within the annexed area during the full term of the County franchise, and the County shall forever continue to collect and receive all utility tax revenues.
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. 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 7. 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.