Miami-Dade Legislative Item
File Number: 132244
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File Number: 132244 File Type: Ordinance Status: Public Hearing
Version: 0 Reference: Control: Board of County Commissioners
File Name: ANNEXATION CONFLICT W/MUNICIPAL ADVISORY COMMITTEE Introduced: 11/6/2013
Requester: NONE Cost: Final Action:
Agenda Date: 2/27/2014 Agenda Item Number: 8
Notes: SPECIAL ITEM NO. 8 6WKS/4WKS REQUIRE Title: ORDINANCE PERTAINING TO ANNEXATIONS; CREATING SECTION 20-4.3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING THE FILING, CONSIDERATION, APPROVAL OF OR REFERENDUM ON ANNEXATION REQUESTS IF THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED CONFLICT WITH THE BOUNDARIES OF ANY MUNICIPAL ADVISORY COMMITTEE REGARDLESS OF WHEN SUCH COMMITTEE WAS CREATED; PROVIDING THAT THIS ORDINANCE APPLIES TO PENDING AND FUTURE ANNEXATION REQUESTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ANNEXATION
Sponsors: Dennis C. Moss, Co-Prime Sponsor
  Jean Monestime, Co-Prime Sponsor
  Audrey M. Edmonson, Co-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 2/27/2014 Special Item No. 8 Deferred

Land Use & Development Committee 1/14/2014 1F3 Deferred to next committee meeting 2/13/2014 P

Board of County Commissioners 11/25/2013 Municipalities notified of public hearing Land Use & Development Committee 1/16/2014 11/19/2013

Board of County Commissioners 11/19/2013 Tentatively scheduled for a public hearing Land Use & Development Committee 1/16/2014

Board of County Commissioners 11/19/2013 4F Adopted on first reading 1/16/2014 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Land Use and Development Committee on January 16, 2014 at 9:30 a.m.

Board of County Commissioners 11/6/2013 Requires Municipal Notification Land Use & Development Committee 1/16/2014

County Attorney 11/6/2013 Referred Land Use & Development Committee 1/14/2014

County Attorney 11/6/2013 Assigned Cynthia Johnson-Stacks 11/8/2013

Legislative Text


TITLE
ORDINANCE PERTAINING TO ANNEXATIONS; CREATING SECTION 20-4.3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING THE FILING, CONSIDERATION, APPROVAL OF OR REFERENDUM ON ANNEXATION REQUESTS IF THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED CONFLICT WITH THE BOUNDARIES OF ANY MUNICIPAL ADVISORY COMMITTEE REGARDLESS OF WHEN SUCH COMMITTEE WAS CREATED; PROVIDING THAT THIS ORDINANCE APPLIES TO PENDING AND FUTURE ANNEXATION REQUESTS; PROVIDING SEVERABILITY, 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. Section 20-4.3 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 20-4.3. Filing, consideration, approval of or referendum on annexation requests prohibited, if the boundaries of the area proposed to be annexed conflict with the boundaries of any Municipal Advisory Committee.

Notwithstanding anything in this article to the contrary, no annexation request shall be filed, nor shall any filed request be heard, considered, approved, or submitted to the electorate for a vote, where the boundaries of such annexation request conflict with the boundaries studied or to be studied by a Municipal Advisory Committee regardless of when such committee was created, unless and until (1) the Board of County Commissioners (the “Board”) has denied the incorporation of the area studied by the Municipal Advisory Committee; or (2) the voters, at an election duly called by the Board have disapproved the incorporation.
This ordinance shall apply to any pending annexation request or any annexation request filed on or after the effective date of this ordinance. An annexation request is not pending, if the annexation has been accomplished by the Board’s adoption of an ordinance approving the annexation request or by a required vote of electors residing in the area proposed to be annexed.
Section 2. 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 3. 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 4. 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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