Miami-Dade Legislative Item
File Number: 112380
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File Number: 112380 File Type: Resolution Status: Withdrawn
Version: 0 Reference: Control: Board of County Commissioners
File Name: CREATION OF TASK FORCE PLACE ALL UNINCORP AREAS WITHIN CITIE Introduced: 11/8/2011
Requester: NONE Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 11A5
Notes: CHARTER AMENDEMENT Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE FOR CREATION OF A TASK FORCE TO DEVELOP A ONE-TIME PLAN PLACING ALL UNINCORPORATED AREAS OF THE COUNTY WITHIN CITIES, WHICH PLAN, AS MAY BE AMENDED BY SUPERMAJORITY VOTE OF THE COMMISSION, SHALL BE SUBMITTED TO THE ELECTORATE AT A GENERAL ELECTION IN 2014 FOR APPROVAL AND IF APPROVED, WILL EFFECTUATE THE ANNEXATIONS AND INCORPORATIONS IN SUCH PLAN
Indexes: SPECIAL ELECTION
Sponsors: Jean Monestime, 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Board of County Commissioners 12/6/2011 11A5 Withdrawn P
REPORT: The foregoing proposed resolution was withdrawn during consideration of changes to today’s agenda, pursuant to the change sheet.

County Mayor 12/2/2011 Withdrawals 12/6/2011

Board of County Commissioners 11/15/2011 14A6 4 Day Rule Invoked
REPORT: During consideration of today's agenda, Commissioner Jordan invoked the 4-Day-Rule upon the foregoing proposed resolution.

County Manager 11/14/2011 Additions

County Attorney 11/8/2011 Referred Infrastructure and Land Use Committee 12/14/2011

County Attorney 11/8/2011 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE FOR CREATION OF A TASK FORCE TO DEVELOP A ONE-TIME PLAN PLACING ALL UNINCORPORATED AREAS OF THE COUNTY WITHIN CITIES, WHICH PLAN, AS MAY BE AMENDED BY SUPERMAJORITY VOTE OF THE COMMISSION, SHALL BE SUBMITTED TO THE ELECTORATE AT A GENERAL ELECTION IN 2014 FOR APPROVAL AND IF APPROVED, WILL EFFECTUATE THE ANNEXATIONS AND INCORPORATIONS IN SUCH PLAN

BODY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida on Tuesday, January 31, 2012 for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:
CHARTER AMENDMENT PROVIDING PROCEDURE FOR PLACING ALL REMAINING UNINCORPORATED AREAS OF THE COUNTY WITHIN CITIES

SHALL THE CHARTER BE AMENDED TO PROVIDE FOR CREATION OF A TASK FORCE TO DEVELOP A ONE-TIME PLAN PLACING ALL UNINCORPORATED AREAS OF THE COUNTY WITHIN CITIES, WHICH PLAN, AS MAY BE AMENDED BY SUPERMAJORITY VOTE OF THE COUNTY COMMISSION, SHALL BE SUBMITTED TO THE ELECTORATE AT A GENERAL ELECTION IN 2014 FOR APPROVAL AND IF APPROVED, WILL EFFECTUATE THE ANNEXATIONS AND INCORPORATIONS IN SUCH PLAN?

YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Mayor or his or her designee, the Finance Director, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Home Rule Charter.

OTHER
MIAMI-DADE COUNTY HOME RULE CHARTER
* * *
ARTICLE - 61
MUNICIPALITIES
>>SECTION 6.08. ONE TIME PROCEDURE FOR INCLUSION OF ALL UNINCORPORATED AREAS INTO MUNICIPALITIES BY INCORPORATION AND/OR ANNEXATION
Notwithstanding any provision of Article 6 of the Charter to the contrary, the Board of County Commissioners shall appoint an independent task force to develop a comprehensive plan for including all unincorporated areas of the County within municipal boundaries by one or more annexations of such areas into existing municipalities, creation of one or more new municipalities, or any combination thereof as deemed appropriate by the Task Force (the “Plan”). Such Plan shall include a proposed municipal charter for each newly proposed municipality and a proposed municipal charter revision for each proposed annexation. Such Plan shall also provide for conveying or transferring County-owned property in the unincorporated area anticipated to be used for the provision of municipal services, require the continued payment of revenues to the County which were pledged as security for any outstanding indebtedness owed by the County, and provide for all other actions necessary or advisable for accomplishing the Plan. The Task Force shall complete the Plan and submit it to the Board of County Commissioners by December 31, 2013. The Board of County Commissioners may amend the Plan by two-thirds (2/3) vote of the Board. The County Commission shall place the Plan, as same may be amended in accordance with the preceding sentence, on the ballot of a General Election in 2014. Such plan, if approved by a majority of the qualified electors of the County voting thereon shall: (1) constitute an amendment to the municipal charters to change the boundaries of municipalities annexing unincorporated areas of the County pursuant thereto; (2) approve municipal charters to create any new cities proposed in therein; (3) supersede all other provisions of Article 6 of the Home Rule Charter to the contrary; (4) authorize the conveyance of County property in the unincorporated area identified therein to a municipality or municipalities; (5) require the continued payment of revenues to the County which were pledged as security for any outstanding indebtedness owed by the County; and (6) provide for all other actions necessary or advisable for accomplishing the inclusion of all unincorporated areas into municipalities by incorporation and/or annexation. Subsequent changes to municipal boundaries, creation of new municipalities, and abolitions of any municipality shall be governed by the applicable provisions of Sections 6.01, 6.02, 6.03, 6.04, 6.05, 6.06 and 6.07 of Article 6 of this Charter.<<


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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Agenda Item No.
Page No. 4


Approved Mayor Agenda Item No.
Veto __________ 11-15-11
Override __________


RESO/2644












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