Miami-Dade Legislative Item
File Number: 122170
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File Number: 122170 File Type: Resolution Status: Adopted
Version: 0 Reference: R-907-12 Control: County Commission
File Name: ANNEXATION REQUEST OF THE CITY OF NORTH MIAMI Introduced: 10/26/2012
Requester: Office of Management and Budget Cost: Final Action: 11/8/2012
Agenda Date: 11/8/2012 Agenda Item Number: 8G3
Notes: amended version of 122008 Title: RESOLUTION RELATING TO ANNEXATION REQUEST OF THE CITY OF NORTH MIAMI; PROVIDING THAT ACTION BE TAKEN PURSUANT TO SECTION 20-7(B) OF THE CODE OF MIAMI-DADE COUNTY TO DIRECT THE COUNTY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE TO EFFECTUATE THE ANNEXATION REQUEST(SEE ORIGINAL ITEM UNDER FILE NO. 122008)
Indexes: NONE
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 11/8/2012 8G3 Adopted P

County Attorney 10/26/2012 Assigned Craig H. Coller

County Mayor 10/26/2012 Assigned County Attorney 11/8/2012
REPORT: OMB-Amended at the INLUC (122008) -Oct 17

County Mayor 10/26/2012 Assigned Ed Marquez

Infrastructure and Land Use Committee 10/17/2012 1F3 Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Commissioner Monestime explained that this proposed resolution was in relation to the City of North Miami annexing a very small area, 80 percent of which was already encompassed within the limits of North Miami. Assistant County Attorney Craig Coller advised that the proposed ordinance would be amended to direct the County Attorney to prepare the appropriate ordinance, and that this would be reflected in the resolution. Commissioner Jordan stated that she preferred annexations over incorporations. She observed that because of the size of the area, the residents were not required to vote on this proposal. Nevertheless, she inquired whether the residents had been notified with regard to the impending annexation, as it would surely have a financial impact. Mr. Jorge Fernandez, Office of Management and Budget, explained that the Miami-Dade County Code required that the department send out notifications to all property owners within the annexation area and 600 feet surrounding that area. Hearing no other questions or comments from the Committee members, the Committee proceeded to vote on the foregoing proposed ordinance, as amended.

Legislative Text


TITLE
RESOLUTION RELATING TO ANNEXATION REQUEST OF THE CITY OF NORTH MIAMI; PROVIDING THAT ACTION BE TAKEN PURSUANT TO SECTION 20-7(B) OF THE CODE OF MIAMI-DADE COUNTY TO DIRECT THE COUNTY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE TO EFFECTUATE THE ANNEXATION REQUEST

BODY
WHEREAS, on December 14, 2011, the City of North Miami submitted an annexation request to Miami-Dade County; and

WHEREAS, the Clerk of the Board placed the annexation request on the Board of County Commissioner’s (Board’s) agenda on January 24, 2012; and

WHEREAS, the Board referred the matter to the Planning Advisory Board (PAB) for its review and recommendation; and

WHEREAS, the PAB after reviewing the required staff report and after a public hearing adopted a resolution providing a recommendation on the City of North Miami’s annexation request attached hereto and incorporated herein by reference as Exhibit 1; and

WHEREAS, County staff has prepared a staff report attached hereto and incorporated herein by reference as Exhibit 2; and

WHEREAS, the County Mayor has prepared his recommendation on the City of North Miami’s annexation request which is attached hereto and incorporated herein by reference; and

WHEREAS, pursuant to Section 20-7(B) the Board after a public hearing [[either]]1 directs that the County Attorney prepare the appropriate annexation request [[or the Board may deny the request or defer the request]],

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. The foregoing recitals are incorporated in this resolution.

Section 2. The Board of County Commissioners hereby [[takes the following action on the annexation request of the City of North Miami:]] >>directs the County Attorney’s Office to prepare the appropriate ordinance to effectuate the boundary change by the City of North Miami.<<

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: City of North Miami Annexation Application
This item was amended at the October 17, 2012 Infrastructure and Land Use Committee meeting to recommendation that the Board of County Commissioners approve the annexation. The resolution has also been amended accordingly.

Pursuant to Chapter 20-7 (B) of the Miami-Dade County Code (Code) and following the required public hearing, the Board of County Commissioners (Board) shall adopt the accompanying resolution to take one of the following actions:
* Deny the requested boundary change as presented by the City of North Miami (City)
* Direct the County Attorney to prepare an appropriate ordinance accomplishing the proposed boundary change; or
* Defer such requested boundary change for further consideration at a subsequent meeting.

..Recommendation
It is recommended that the Board, pursuant to the Miami-Dade County Code Chapter 20, approve the boundary change requested by the City. The annexation area being requested is currently an enclave, where approximately 80 percent of its boundaries are surrounded by the City.

Scope
The proposed annexation area is approximately 41 acres or 0.06 square miles of the Unincorporated Municipal Service Area (UMSA) generally bounded on the south by NE 131st Street, on the east by NE 4th Avenue, on the west by the Biscayne Canal, and on the north by NE 135th Street. The annexation area is an enclave primarily surrounded by the City.

Fiscal Impact/Funding Source
Attachment B to the attached staff report is the “Impact to the Unincorporated Area”. The annexation area’s taxable value is $12.3 million.

At the FY 2011-12 City millage rate of 8.1955 mills, the ad valorem revenues attributable to the annexation area would be $95,955. At the FY 2011-12 UMSA millage rate of 2.0083 mills, the ad valorem revenues attributable to the annexation area would be $23,514. The expected tax increase to the entire annexation area would be $72,441 given the higher City millage rate, and the average homeowner would pay an additional $452 in property taxes if this annexation is approved.

If the annexation is approved, pursuant to Section 20-8.1 and 20-8.2 of the County Code, the County would retain all franchise fees and utility tax revenues of the area. For the proposed annexation, an estimated $21,894 of franchise fees and $26,700 of utility taxes will be retained by the County.

Track Record/Monitor
If the annexation is approved, the Office of Management and Budget will monitor the interlocal agreement governing the annexation area. [m1]

BODY
On December 14, 2011, the City submitted a boundary change application to the Miami-Dade County Clerk of the Board. The application was referred to and accepted by the Board at the January 24, 2012 Board meeting and was forwarded to the Office of Management and Budget for review and further processing, as required by the Code.
The Incorporation and Annexation Committee of the Planning Advisory Board and the Planning Advisory Board held a public hearing on August 20, 2012, and recommended the Board approve the annexation.

It is important to note that the annexation area has fewer than 250 resident electors and less than 50 percent is developed as residential. Should the Board approve the annexation, a vote of the electors in the annexation area will not be required.

The staff report, as reviewed by the Planning Advisory Board and the annexation application, is attached for the Board’s reference.

Attachments



_______________________________
Edward Marquez
Deputy Mayor



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