Miami-Dade Legislative Item
File Number: 090295
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File Number: 090295 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-32 Control: Board of County Commissioners
File Name: AMEND CHARTER CHANGE BOUNDARIES CITY OF HOMESTEAD Introduced: 2/4/2009
Requester: NONE Cost: Final Action: 5/5/2009
Agenda Date: 5/5/2009 Agenda Item Number: 7C
Notes: 6WK/4WKS 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 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 AGENDA ITEM NO. 11A17]
Indexes: AMENDING CODE
  ANNEXATION
  BOUNDARIES
  CITY OF HOMESTEAD
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 5/5/2009 7C Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Commission proceeded to vote.

Budget, Planning and Sustainability Committee 4/14/2009 1G1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Heffernan read the foregoing proposed ordinance into the record. The public hearing was opened. It was closed after no one appeared in response to Chairwoman Sorenson’s call for people wishing to be heard. Hearing no other questions or comments, the Committee proceeded to vote.

Board of County Commissioners 2/24/2009 Municipalities notified of public hearing Budget, Planning and Sustainability Committee 4/14/2009 2/17/2009

Board of County Commissioners 2/17/2009 Tentatively scheduled for a public hearing Budget, Planning and Sustainability Committee 4/14/2009

Board of County Commissioners 2/17/2009 4C Adopted on first reading 4/14/2009 P
REPORT: The Board adopted the foregoing proposed ordinance on first reading and scheduled the public hearing before the April 14, 2009, Budget, Planning & Sustainability Committee at 2:00 p.m.

County Manager 2/4/2009 Requires Municipal Notification Budget, Planning and Sustainability Committee 4/14/2009

County Attorney 2/4/2009 Referred Budget, Planning and Sustainability Committee 4/14/2009

County Attorney 2/4/2009 Assigned Craig H. Coller

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 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 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:
HOMESTEAD ANNEXATION
LEGAL DESCRIPTION

The Southeast 1/4 of the Southwest 1/4 of Section 14, Township 57 South, Range 38 East in Miami-Dade County, Florida; bounded on the South by SW 328th Street (also known as Lucy Street or SW 8th Street); bounded on the West by SW 194th Avenue; bounded on the North by SW 324th Street; bounded on the East by SW 192nd Avenue (also known as Tower Road or Longview Road or SW 18th Avenue).

encompassing an area described by Resolution No. 2007-04-46, passed and adopted by the City of Homestead Council, 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 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 Homestead executes a duly authorized interlocal agreement acceptable to the County.

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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