Miami-Dade Legislative Item
File Number: 082305
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File Number: 082305 File Type: Ordinance Status: Adopted
Version: 0 Reference: 08-138 Control: Board of County Commissioners
File Name: MIAMI SHORES VILLAGE ANNEXATION Introduced: 8/4/2008
Requester: NONE Cost: Final Action: 12/2/2008
Agenda Date: 12/2/2008 Agenda Item Number: 7G
Notes: 6-WK PH AND 4-WK MUNI NOTIFICATION Title: ORDINANCE CHANGING THE BOUNDARIES OF MIAMI SHORES VILLAGE, 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 AND UTILITY 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 NOS. 082123 AND 082223] [SEE AGENDA ITEM NO. 11A20]
Indexes: ANNEXATION
  MIAMI SHORES
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 12/2/2008 7G Adopted P
REPORT: Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote.

Governmental Operations and Environment Committee 11/10/2008 3B SUB. Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Seijas opened the public hearing on the foregoing ordinance. After seeing no one appear, wishing to be heard in connection with this proposed resolution, the public hearing was closed, and the Committee proceeded to vote on this ordinance as presented.

County Manager 10/21/2008 Referred Governmental Operations and Environment Committee 11/10/2008

Governmental Operations and Environment Committee 9/9/2008 3C SUB. Deferred 10/14/2008 P
REPORT: During consideration of the changes to today’s agenda, the foregoing proposed ordinance was deferred, as requested by the Village of Miami Shores.

County Attorney 8/4/2008 Assigned Governmental Operations and Environment Committee 9/9/2008

County Attorney 8/4/2008 Assigned Craig H. Coller

Legislative Text


TITLE
ORDINANCE CHANGING THE BOUNDARIES OF MIAMI SHORES VILLAGE, 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 AND UTILITY 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 Miami Shores Village are hereby changed, extended and enlarged, and the charter of such municipality is hereby amended by the annexation to Miami Shores Village of the following property:
MIAMI SHORES VILLAGE
LEGAL DESCRIPTION

THAT PORTION OF MIAMI-DADE COUNTY, FLORIDA IN SECTION 36, TOWNSHIP 52 SOUTH, RANGE 41 EAST, BOUNDED ON THE NORTH BY THE CENTERLINE OF N.W. 115TH STREET, BOUNDED ON THE SOUTH BY CENTERLINE OF N.W. 111TH STREET, BOUNDED ON THE WEST BY THE EASTERLY LIMITED ACCESS RIGHT OF WAY LINE OF INTERSTATE 95, BOUNDED ON THE EAST BY THE EXISTING BOUNDARY OF THE VILLAGE OF MIAMI SHORES ALONG THE CENTERLINE OF N.W. 5TH AVENUE


encompassing an area described by Resolution No. 1077-04, passed and adopted by the Council of Miami Shores Village, which resolutions are 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 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 Miami Shores Village 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 estimated at approximately $2,537 per year for approximately 25 years until FY 2028-29 or 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 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.



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