Miami-Dade Legislative Item
File Number: 081509
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File Number: 081509 File Type: Ordinance Status: Adopted
Version: 0 Reference: 08-54 Control:
File Name: CHANGE BOUNDARIES; CITY OF HOMESTEAD; AMEND CHARTER Introduced: 5/12/2008
Requester: County Commission Cost: Final Action: 5/6/2008
Agenda Date: 5/6/2008 Agenda Item Number: 7E
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 080271) Title: ORDINANCE CHANGING THE BOUNDARIES OF THE CITY OF HOMESTEAD, 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 ORIGINAL ITEM UNDER FILE NO. 080271]
Indexes: BOUNDARIES
  CHARTER AMENDMENT
  CITY OF HOMESTEAD
Sponsors: NONE
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

County Attorney 5/12/2008 Assigned Craig H. Coller 5/12/2008

Board of County Commissioners 5/6/2008 7E AMENDED Adopted as amended P
REPORT: The foregoing proposed ordinance was read into the record by First Assistant County Attorney Abigail Price-Williams. Assistant County Attorney Craig Coller read into the record a proposed amendment to delete the language “estimated at approximately $1,000 per year for approximately 25 years until FY 2028-29 or” from Section 4, line 4, on typed page 4 of this ordinance. He noted deleting this language would render this ordinance consistent with the Interlocal Agreement already approved, which contained updated information on the payoff of the Stormwater debt. The Board adopted the foregoing proposed ordinance as amended to delete the following language: “estimated at approximately $1,000 per year for approximately 25 years until FY 2028-29 or” from Section 4, line 4 on typed page 4 of this ordinance.

Legislative Text


TITLE
ORDINANCE CHANGING THE BOUNDARIES OF THE CITY OF HOMESTEAD, 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
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The municipal boundaries of the City of Homestead are hereby changed, extended and enlarged, and the charter of such municipality is hereby amended by the annexation to the City of Homestead of the following property:
CITY OF HOMESTEAD
COMBINED LEGAL DESCRIPTION
ANNEXATION AREAS NW-1 & NW-2

A parcel of land lying in Sections 2 and 11, Township 57 South, Range 38 East, Miami-Dade County, Florida; being more particularly described as follows:

Begin at the southeast corner of the northwest one-quarter of the aforementioned Section 11, also being the intersection of the centerlines of S.W. 304th Street (Kings Highway) and S.W. 192nd Avenue (Tower Road); thence northerly along the east line of the northwest one-quarter of the aforementioned Section 11, also being the centerline of S.W. 192nd Avenue (Tower Road), to the intersection with the south line of north 329 feet of the west 265 feet of the northeast one-quarter of the aforementioned Section 11; thence easterly to the intersection with the east line of the west 265 feet of the northeast one-quarter of the aforementioned Section 11; thence northerly along the east line of the west 265 feet of the northeast one-quarter of the aforementioned Section 11 to the intersection with the south line of the Southeast one-quarter of the aforementioned Section 2, also being the centerline of S.W. 296th Street (Avocado Drive); thence easterly along the south line of the southeast one-quarter of the aforementioned Section 2, also being the centerline of S.W. 296th Street (Avocado Drive), to the intersection with the east line of the west one-half of the southeast one-quarter of the aforementioned Section 2, also being the centerline of S.W. 189th Avenue; thence northerly along the east line of the west one-half of the southeast one-quarter of the aforementioned Section 2, also being the centerline of S.W. 189th Avenue, to the north line of the southeast one-quarter of the aforementioned Section 2, also being the centerline of the S.W. 288th Street (Biscayne Drive); thence westerly along the north line of the southeast one-quarter of the aforementioned Section 2, also being the centerline of S.W. 288th Street (Biscayne Drive), and along the north line of the southwest one-quarter of the aforementioned Section 2, also being the centerline of S.W. 288th Street (Biscayne Drive), to the west line of the east one-half of the east one-half of the southwest one-quarter of the aforementioned Section 2, also being the centerline of S.W. 193rd Avenue; thence southerly along the west line of the east one-half of the east one-half of the southwest one-quarter of the aforementioned Section 2, also being the centerline of S.W. 193rd Avenue, to the intersection with the north line of the northwest one-quarter of aforementioned Section 11, also being the centerline of S.W. 296th Street (Avocado Drive); thence westerly along the north line of the northwest one-quarter of the aforementioned Section 11, also being the centerline of S.W. 296th Street (Avocado Drive), to the intersection with the west line of the east one-half of the northwest one-quarter of the northwest one-quarter of the aforementioned Section 11, thence southerly along the west line of the east one-half of the northwest one-quarter of the northwest one-quarter and the west line of the northeast one-quarter of the southwest one-quarter of the northwest one-quarter to the intersection with the south line of the northeast one-quarter of the southwest one-quarter of the northwest one-quarter of the aforementioned Section 11, also being the centerline of S.W. 302nd Street; thence easterly along the south line of the northeast one-quarter of the southwest one-quarter of the northwest one-quarter of the aforesaid Section 11, also being the centerline of S.W. 302nd Street, to the intersection with the west line of the southeast one-quarter of the northwest one-quarter of the aforesaid Section 11, also being the centerline of S.W. 194th Avenue; thence southerly along the west line of the southeast one-quarter of the northwest one-quarter of the aforesaid Section 11, also being the centerline of S.W. 194th Avenue, to the intersection with the south line of northwest one-quarter of the aforesaid Section 11, also being the centerline of S.W. 304th Street (Kings Highway); thence easterly along the south line of the northwest one-quarter of the aforesaid Section 11, also being the centerline of S.W. 304th Street (Kings Highway), to the Point of Beginning, containing 222.29 acres more or less.

encompassing an area described by Resolutions No. R2004-04-36 and R2005-09-128, passed and adopted by the City Council of the City of Homestead, which resolutions are attached hereto as Attachment A and Attachment B respectively and made a part hereof by reference. A map depicting the annexed area is attached hereto as Attachment C 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 C, 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. R-1198-95.
Section 4. This Ordinance shall be effective only if the City of Homestead executes a duly authorized interlocal agreement acceptable to the County wherein it agrees, among other things, to: pay to Miami-Dade County the annexed area's prorated share of the Stormwater Utility Revenue Bonds debt service as provided in the interlocal agreement.
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: (a) 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 and (b) only if approved by a majority vote of the electors voting in an election to be called by this Board.



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