Miami-Dade Legislative Item
File Number: 130473
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File Number: 130473 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: NORTH MIAMI INTERLOCAL AGREEMENT Introduced: 3/8/2013
Requester: Office of Management and Budget Cost: Final Action:
Agenda Date: 4/2/2013 Agenda Item Number: 8G1
Notes: X-REF. W/ LN# 130061; SEE 130680 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF NORTH MIAMI IN CONNECTION WITH THE PROPOSED ANNEXATION BY THE CITY OF NORTH MIAMI; AUTHORIZING THE COUNTY MAYOR OR DESIGNEE TO EXECUTE THE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED AND TAKE ANY ACTION REQUIRED BY THE COUNTY HEREIN [SEE AGENDA ITEM NO. 7E]
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 4/2/2013 8G1 Amended
REPORT: (SEE AGENDA ITEM NO. 8G1 AMENDED; LEGISLATIVE FILE NO. 130680.)

Land Use & Development Committee 3/14/2013 3B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee members proceeded to vote on the foregoing proposed resolution as presented.

County Mayor 3/13/2013 Additions Land Use & Development Committee 3/14/2013

County Attorney 3/8/2013 Assigned Craig H. Coller 3/11/2013

County Mayor 3/8/2013 Assigned County Attorney 4/2/2013
REPORT: OMB (ASST. COUNTY ATTY: CRAIG COLLER/ CYNTHIA JOHNSON-STACKS) (PENDING CMTE ASSIGNMENT/ BCC SPONSOR: CMSR MONESTIME) (SEE LEGISTAR# 130061)

County Mayor 3/8/2013 Assigned Ed Marquez 3/8/2013 3/8/2013

Legislative Text


TITLE
RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF NORTH MIAMI IN CONNECTION WITH THE PROPOSED ANNEXATION BY THE CITY OF NORTH MIAMI; AUTHORIZING THE COUNTY MAYOR OR DESIGNEE TO EXECUTE THE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED AND TAKE ANY ACTION REQUIRED BY THE COUNTY HEREIN

BODY
WHEREAS, Section 6.04 of the Home Rule Charter establishes the framework by which the Board of County Commissioners of Miami-Dade County, after obtaining the approval of the municipal governing bodies concerned, after hearing the recommendations of the Planning Advisory Board, and after a public hearing, may by ordinance effect boundary changes; and

WHEREAS, on December 14, 2011, the City of North Miami submitted an application for the annexation of unincorporated areas adjacent to the City; and

WHEREAS, Ordinance __________ of the Code of Miami-Dade County approved the annexation subject to conditions, including that Miami-Dade County and North Miami enter into this Interlocal Agreement,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Interlocal Agreement is hereby approved and the Board authorizes the Mayor or designee to execute the agreement in substantially the form attached and take any action required by the County herein

HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor
Subject: Interlocal Agreement with the City of North Miami for the Annexation of the Central City Enclave Area

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) adopt the attached Interlocal Agreement with the City of North Miami (City) regarding the governance of the Central City Enclave annexation area.

Scope
The annexation area lies within Commission District 2, which is represented by Commissioner Jean Monestime.

Fiscal Impact/Funding Source
The annexation area’s 2012 Preliminary Taxable value is $11.96 million.

At the FY 2012-13 City millage rate of 8.1 mills, the ad valorem revenues attributable to the annexation area would be $92,035. At the FY 2012-13 unincorporated municipal service area (UMSA) millage rate of 1.9283 mills, the ad valorem revenues attributable to the annexation area would be $21,910. The expected tax increase to the entire annexation area would be $70,125 given the higher City millage rate, meaning the average homeowner would pay an additional $580 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 $16,858 of franchise fees and $33,916 of utility taxes will be retained by the County.

As part of UMSA, the area generates approximately $87,600 in revenues (excluding franchise fees and utility taxes). Approximately $213,850 of budgeted expense may be attributed to that area. As part of the budget development process, a determination will be made as to whether resources will be allocated to the remainder of UMSA or reduced as possible. Should the annexation be approved, the UMSA budget will have approximately $87,600 less in revenue to provide services to the remaining UMSA area if the level of service remains the same.

It is important to note that the City will not receive any ad-valorem revenue for the first year after the annexation, as taxes are collected in arrears. Additionally, the City will be responsible for contacting the State of Florida for the state revenues attributable to the annexation area.

Track Record/Monitor
The Office of Management and Budget will monitor the interlocal agreement.

MANAGER'S BACKGROUND
Background
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 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.

The Board considered the annexation request on November 8, 2012, and approved Resolution R-907-12 directing the County Attorney to prepare the ordinance effectuating the boundary change, which is a separate item on this agenda. This Interlocal Agreement will govern the annexation area, and will provide for the following:
* City will make payments for the pro-rata share of Stormwater Utility debt service;
* Transfer of local roads within the annexation area;
* County will retain franchise fees and utility taxes as currently required by the Miami-Dade County Code; and
* Annexation area will remain within the Fire Rescue District.

The annexation area has fewer than 250 resident electors and less than 50 percent is developed as residential, and as such, there will be no vote of the electors in the annexation area.

Attachments





_______________________________
Edward Marquez
Deputy Mayor



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