Miami-Dade Legislative Item
File Number: 102809
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File Number: 102809 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-19 Control: Board of County Commissioners
File Name: PHASING OUT MITIGATION FOR ANNEXATION Introduced: 12/6/2010
Requester: Office of Strategic Business Management Cost: Final Action: 4/4/2011
Agenda Date: 4/4/2011 Agenda Item Number: 7E
Notes: 6WKS/4WKS REQUIRED. TLL- 12/6/2010 Title: ORDINANCE RELATING TO ANNEXATION; AMENDING MIAMI-DADE COUNTY, FLORIDA ORDINANCE NOS. 03-157 AND 04-46, AND RESOLUTION NOS. R-507-02, R-791-03, R-793-03, R-461-04, AND R-129-06; DELETING CERTAIN REQUIREMENTS FOR MITIGATION PAYMENTS TO MIAMI-DADE COUNTY FROM THE CITY OF FLORIDA CITY, THE TOWN OF MEDLEY, THE CITY OF NORTH MIAMI, AND THE CITY OF HIALEAH GARDENS; MODIFYING INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND TOWN OF MEDLEY TO PROVIDE FOR STORM WATER UTILITY DEBT SERVICE PAYMENTS; PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE
Indexes: ANNEXATION
  MITIGATION
Sponsors: Jose "Pepe" Diaz, Prime 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 4/4/2011 7E Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no objections, the Board proceeded to vote on the foregoing proposed ordinance as presented.

Internal Mgmt. & Fiscal Responsibility Committee 3/8/2011 1E7 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Martin Sybblis read the foregoing proposed ordinance into the record. Chairwoman Bell opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. After hearing no one wishing to speak, Chairwoman Bell closed the public hearing. There being no questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners 1/21/2011 Municipalities notified of public hearing Internal Mgmt. & Fiscal Responsibility Committee 3/8/2011 1/20/2011

Board of County Commissioners 1/20/2011 Proposed public hearing date Internal Mgmt. & Fiscal Responsibility Committee 3/8/2011

Board of County Commissioners 1/20/2011 4A Adopted on first reading 3/8/2011 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Internal Management & Fiscal Responsibility Committee on March 8, 2011, at 2:00 p.m.

County Attorney 12/20/2010 Assigned Craig H. Coller 12/21/2010

Board of County Commissioners 12/20/2010 Requires Municipal Notification 3/8/2011

County Manager 12/20/2010 Referred Internal Mgmt. & Fiscal Responsibility Committee 3/8/2011

County Manager 12/20/2010 Assigned County Attorney 1/20/2011
REPORT: REVISED OSBM (1ST 1/20/11; PUBLIC HEARING @ BPS 3/8/2011) (Attachment(s): Exhibit A: Interlocal Agreement w/ Medley; Exhibit B: Interlocal Agreement w/ City of North Miami; Exhibit C: Interlocal Agreement w/ Medley; Exhibit D: Interlocal Agreement w/ Hialeah Gardens; Exhibit E: Interlocal Agreement w/ City of Florida City) (ASST. COUNTY ATTY: CRAIG COLLIER)

County Attorney 12/9/2010 Assigned County Manager's Office
REPORT: RETURNED

County Attorney 12/7/2010 Assigned Craig H. Coller 12/9/2010

County Manager 12/6/2010 Referred Budget, Planning and Sustainability Committee

County Manager 12/6/2010 Assigned County Attorney 12/21/2010
REPORT: OSBM (1 ST 12/21/10; PUBLIC HEARING @ BS 2/8/2011) (Attachment(s): Exhibit A: Interlocal Agreement w/ Medley; Exhibit B: Interlocal Agreement w/ City of North Miami; Exhibit C: Interlocal Agreement w/ Medley; Exhibit D: Interlocal Agreement w/ Hialeah Gardens; Exhibit E: Interlocal Agreement w/ City of Florida City) (ASST. COUNTY ATTY: CRAIG COLLIER)

County Manager 12/6/2010 Assigned Jennifer Glazer-Moon 12/3/2010 12/3/2010

Legislative Text


TITLE
ORDINANCE RELATING TO ANNEXATION; AMENDING MIAMI-DADE COUNTY, FLORIDA ORDINANCE NOS. 03-157 AND 04-46, AND RESOLUTION NOS. R-507-02, R-791-03, R-793-03, R-461-04, AND R-129-06; DELETING CERTAIN REQUIREMENTS FOR MITIGATION PAYMENTS TO MIAMI-DADE COUNTY FROM THE CITY OF FLORIDA CITY, THE TOWN OF MEDLEY, THE CITY OF NORTH MIAMI, AND THE CITY OF HIALEAH GARDENS; MODIFYING INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND TOWN OF MEDLEY TO PROVIDE FOR STORM WATER UTILITY DEBT SERVICE PAYMENTS; PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 4 of the Miami-Dade County Ordinance No. 04-76 is hereby amended to read as follows:

Section 4. This ordinance shall be effective if the City of Hialeah Gardens executes a duly authorized Interlocal agreement which it agrees, among other things, to: [[(a) make an annual mitigation payment to the County's Municipal Services Trust Fund in an amount equivalent to .506 mills of the assessed value of the portion of the Northwest Commercial Business Industrial Area contained within the annexed area (b)]] >>(a)<< pay to Miami-Dade County the annexed area's prorated share of the Stormwater Utility Revenue Bonds debt service estimated at $15.00 per year for approximately 20 years or as provided in the interlocal agreement and (>>b<< [[c]]) require approval of land uses and land development regulations outside Miami-Dade County's Urban Development Boundary to be consistent with the Miami-Dade County Comprehensive Development Master Plan (Master Plan) and that Miami-Dade County retains jurisdiction regarding applications to amend the Master Plan or Developments of Regional Impact in connection with Master Plan Amendments in that portion of the annexed area lying outside the Urban Development Boundary

Section 2. Section 4 Miami-Dade County Ordinance 03-157 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Section 4. This ordinance shall be effective only if the City of North Miami executes a duly authorized interlocal agreement wherein it agrees to [[(a) make an annual mitigation payment to the County's Municipal Services Trust Fund and (b)]] pay Miami-Dade County the annexed area's prorated share of the Stormwater Utility Revenue Bonds debt service estimated at $26 per year for approximately 22 years.

Section 3. The interlocal agreements approved pursuant to Resolution Nos. R-791-03, R-793-03, R-461-04 and R-129-06 between Miami-Dade County and the City of North Miami (Exhibit B), City of the Town of Medley (Exhibit C), City of Hialeah Gardens (Exhibit D), and City of Florida City (Exhibit E) are hereby amended to provide for the termination of mitigation and the County Mayor or Designee is authorized to execute such amendments in substantially the form attached.

Section 4. The interlocal agreement approved pursuant to Resolution No. R-507-02 between Miami-Dade County and the Town of Medley (Exhibit A) is hereby amended to provide for the termination of mitigation and to provide for storm water utility debt service payments and the County Mayor or Designee is authorized to execute such amendments in substantially the form attached.

Section 5. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 6. 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 except that Sections 3 and 4 of this ordinance amending the Resolution Nos. R-507-02, R-791-03, R-793-03, R-461-04 and R-129-06 shall not be codified. 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 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.

HEADER
Date:

To: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Ordinance Approving the Phase Out of Mitigation for Annexations

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) adopt the accompanying ordinance amending the County Code related to annexations and related interlocal agreements involving the City of Florida City, the Town of Medley, the City of North Miami, and the City of Hialeah Gardens to allow mitigation payments to be phased out consistent with the phase-out timetable approved related to mitigation payments by those cities to the County made by newly incorporated municipalities. Additionally, the Town of Medley interlocal will require the Town to make payments for Stormwater Utility debt service.

Scope
The municipalities making mitigation payments are located within County Commission Districts 2, 3, 4, 8, 9 and 12. The mitigation payments directly affect the Unincorporated Municipal Service Area (UMSA) budget.

Fiscal Impact/Funding Source
In FY 2009-10 the municipalities paying mitigation for annexations (Florida City, Medley, North Miami and Hialeah Gardens) paid $815,112 into the Municipal Services Trust Fund (MSTF) as noted in the table below.

Medley Hialeah Gardens North Miami Florida City Total
FY 2009-10 703,342 52,312 37,290 22,168 815,112

The UMSA FY 2010-11 budget does not include payments from three of the four municipalities. By approving this item, the municipalities of Medley, North Miami and Hialeah Gardens will not make payment into the MSTF for FY 2010-11 because they have made seven payments into the MSTF. The City of Florida City will make a payment of approximately $23,000 in FY 2010-11 and one more payment in FY 2011-12.

Track Record/Monitor
The Office of Strategic Business Management will monitor each agreement.

MANAGER'S BACKGROUND
Background
Since 2000, the BCC has adopted legislation requiring newly formed municipalities or annexations that had a negative fiscal impact on the County to make mitigation payments into the MSTF. The payments into the MSTF were required in order to offset the revenue loss in the remaining unincorporated area as a result of the incorporation or annexation. The MSTF is used to fund police services around the newly formed municipality or newly annexed area, whereby these newly incorporated or annexed areas derived a benefit from these payments.

In 2008 the BCC adopted legislation allowing the municipalities of Miami Lakes, Doral and Palmetto Bay to phase out mitigation payments through changes in their respective municipal charters. The phase out would require the municipalities to make seven payments into the MSTF. At this time there are no municipalities paying mitigation into the MSTF for incorporations.

Municipalities that annexed unincorporated land into their municipal boundaries which had an adverse financial impact on the County were also required to pay mitigation into the MSTF through interlocal agreements. Along with the phase out of mitigation for the newly incorporated municipalities, the BCC considered an ordinance to phase out the mitigation payments from the municipalities of Medley, North Miami, Florida City and Hialeah Gardens. The ordinance was deferred until the issues and legal action with the new municipalities was resolved. To date all payments from new municipalities in the MSTF have been phased out and all issues resolved. County staff has worked with the annexing municipalities to amend the County ordinances approving their respective annexations relating to the mitigation provision and similarly, to amend the resolutions which would authorize modifying the municipalitiesí interlocal agreements to phase out their payments into the MSTF. The municipalities of Medley, North Miami, Florida City and Hialeah Gardens have executed amendments to their interlocal agreements that phase out the mitigation payments after the seventh year, which is comparable to the legislation approved by the BCC for the municipalities of Doral, Miami Lakes and Palmetto Bay.

The Medley annexation for Section 30 did not contain a provision for the payment of stormwater utility debt service. The attached amendment to the interlocal agreement for Section 30 also includes a section where the Town has agreed to reimburse the County for previous years of debt service payments and will continue to make debt service payments until the bonds are retired.




_______________________________________
Jennifer Glazer-Moon, Special Assistant/Director
Office of Strategic Business Management



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