Miami-Dade Legislative Item
File Number: 132250
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File Number: 132250 File Type: Ordinance Status: Adopted
Version: 0 Reference: 14-18 Control: County Commission
File Name: AMEND SEC 20-3 & 20-4 BOUND CHANGE Introduced: 11/6/2013
Requester: NONE Cost: Final Action: 2/27/2014
Agenda Date: 2/27/2014 Agenda Item Number: 9
Notes: SPECIAL ITEM NO. 9 REQUIRES 6WKS-4WKS Title: ORDINANCE PERTAINING TO BOUNDARY CHANGE PROCEDURES; AMENDING SECTIONS 20-3 AND 20-4 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE THAT PETITIONS FOR BOUNDARY CHANGES SHALL REQUIRE CONSENT OF TWENTY PERCENT OF REGISTERED ELECTORS IN THE AREA PROPOSED TO BE ANNEXED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ANNEXATION
  BOUNDARY CHANGE
Sponsors: Juan C. Zapata, 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. 9 Adopted P

Land Use & Development Committee 1/14/2014 1F7 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 4C 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 11/12/2013 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 Craig H. Coller 11/12/2013

Legislative Text


TITLE
ORDINANCE PERTAINING TO BOUNDARY CHANGE PROCEDURES; AMENDING SECTIONS 20-3 AND 20-4 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE THAT PETITIONS FOR BOUNDARY CHANGES SHALL REQUIRE CONSENT OF TWENTY PERCENT OF REGISTERED ELECTORS IN THE AREA PROPOSED TO BE ANNEXED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, on November 6, 2012, Section 6.05 of the Miami-Dade County Home Rule Charter was amended to provide an additional process for initiating the incorporation of a municipality which requires at least twenty (20) percent of the resident electors in the area proposed to be incorporated to sign an incorporation petition; and
WHEREAS, the current process for annexation petitions requires any annexation petition to be signed and consented to by twenty-five (25) percent plus one resident elector in the area proposed to be annexed; and
WHEREAS, the annexation process should be changed, so that the percentage of resident electors required to sign annexation petitions should be the same as is required for the new Home Rule Charter incorporation process; and
WHEREAS, this proposed amendment has been recommended by the Mayor of MiamiDade County, Florida in a memorandum dated April 1, 2013 to the Annexation and Incorporation Task Force Members,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Sections 20-3 and 20-4 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 20-3. Initiated by governing body of municipality.

Any proposed boundary change desired by the governing body of a municipality shall be initiated by resolution of such governing body adopted after a public hearing held pursuant to written notice mailed to all owners of property within the area and within six hundred (600) feet thereof in such proposed boundary changes, according to the current tax assessment roll, and pursuant to published notice; provided, however, that no notice shall be required when all owners of property within the area and within six hundred (600) feet thereof shall consent in writing to the proposed boundary change. The cost of such notice shall be paid by the governing body of the municipality. Three (3) duly certified copies of such resolution requesting the proposed boundary changes, together with proof of compliance with the notice requirements aforesaid, shall be filed with the Clerk of the County Commission, and shall be accompanied by the following:
(A) An accurate legal description of the lands or land area involved in such proposed boundary change

* * *

(H) A petition filed with the Clerk of the County Commission indicating the consent of [[twenty-five (25) percent plus one (1)]] >>twenty (20) percent<< of the electors in the area proposed for annexation provided however, no petition shall be required where the property proposed for annexation is vacant or where there are two hundred fifty (250) or less resident electors.

Sec. 20-4. Initiated by individual or group.
Any person or group desiring a proposed boundary change to any municipality shall initiate the same by filing with the Clerk of the County Commission a written petition in substantially the form prescribed and furnished by the Director of the Office of Management and Budget which shall be accompanied by the documents and information prescribed in Section 20-3(A) through (F) hereof, together with a duly certified resolution of the governing body of the municipality involved approving such proposed boundary change, and shall give written notice to all owners of property within the area and within six hundred (600) feet thereof of his proposal for a boundary change. The cost of such notice shall be paid by the initiating individual or group.
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.


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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