Miami-Dade Legislative Item
File Number: 140400
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File Number: 140400 File Type: Ordinance Status: Adopted
Version: 0 Reference: 14-69 Control: Board of County Commissioners
File Name: CHANGING BOUNDARIES OF VILLAGE OF EL PORTAL Introduced: 2/21/2014
Requester: NONE Cost: Final Action: 7/1/2014
Agenda Date: 7/1/2014 Agenda Item Number: 7N
Notes: 6WKS/4WKS Title: ORDINANCE CHANGING THE BOUNDARIES OF THE VILLAGE OF EL PORTAL, FLORIDA, AND AMENDING THE CHARTER OF SUCH MUNICIPALITY BY PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS, UNDER AND PURSUANT TO PROCEEDINGS PRESCRIBED BY SECTION 6.04(B) OF THE HOME RULE CHARTER; PROVIDING FOR RESERVATION TO THE COUNTY OF ELECTRIC FRANCHISE AND UTILITY TAX REVENUES; PROVIDING RETENTION OF GARBAGE AND REFUSE COLLECTION AND DISPOSAL; PROVIDING RESPONSIBILITY FOR ANY BOND INDEBTEDNESS; APPROVING AMENDED VOTING PRECINCTS; PROVIDING INTERDEPENDENCY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE AGENDA ITEM NO. 8G1)
Indexes: ANNEXATION
Sponsors: County Commission
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 7/1/2014 7N Adopted P

Land Use & Development Committee 6/12/2014 1G3 Forwarded to BCC with a favorable recommendation P
REPORT: Hearing no objections, Assistant County Attorney Abbie Schwaderer-Raurell read the foregoing proposed ordinance and Agenda Item 1G6 into the record, simultaneously. Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Mr. Jason Walker, Village Manager, Village of El Portal, appeared in support of the foregoing proposed ordinance. He said this proposed annexation application, which originally was part of a larger application, would have a positive impact on the County. Mr. Walker noted Area B included Horace Mann Middle School which was the donut hole within the Village. He said the other area was South of El Portal, which was subject to conversation between the Village and the County for years. Chairman Diaz closed the public hearing after no other person appeared wishing to speak. Hearing no further comments or questions, the Committee members proceeded to vote on the foregoing ordinance, as presented.

Board of County Commissioners 3/6/2014 Municipalities notified of public hearing Land Use & Development Committee 5/15/2014 3/4/2014

Board of County Commissioners 3/4/2014 Tentatively scheduled for a public hearing Land Use & Development Committee 5/15/2014

Board of County Commissioners 3/4/2014 4D Adopted on first reading 5/15/2014 P
REPORT: The foregoing proposed ordinance was adopted on first readiing and scheduled for public hearing before the Land Use and Development Committee on May 15, 2014 at 9:30 a.m.

County Attorney 2/24/2014 Referred Land Use & Development Committee 5/15/2014

Board of County Commissioners 2/21/2014 Requires Municipal Notification Land Use & Development Committee 5/15/2014

County Attorney 2/21/2014 Assigned Craig H. Coller 2/25/2014

Legislative Text


TITLE
ORDINANCE CHANGING THE BOUNDARIES OF THE VILLAGE OF EL PORTAL, FLORIDA, AND AMENDING THE CHARTER OF SUCH MUNICIPALITY BY PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS, UNDER AND PURSUANT TO PROCEEDINGS PRESCRIBED BY SECTION 6.04(B) OF THE HOME RULE CHARTER; PROVIDING FOR RESERVATION TO THE COUNTY OF ELECTRIC FRANCHISE AND UTILITY TAX REVENUES; PROVIDING RETENTION OF GARBAGE AND REFUSE COLLECTION AND DISPOSAL; PROVIDING RESPONSIBILITY FOR ANY BOND INDEBTEDNESS; APPROVING AMENDED VOTING PRECINCTS; PROVIDING INTERDEPENDENCY, 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. The municipal boundaries of the Village of El Portal are hereby changed, extended and enlarged, and the charter of such municipality is hereby amended by the annexation to the Village of El Portal of the following property:
Annexation by the Village of El Portal
Legal Description
A portion of land lying in Section 1, Township 53 South, Range 41 East, of Miami-Dade County Florida, more particularly described as the South 1171.8 feet more or less of the East 605.5 feet more or less of said Tract 2 of “Amended Plat a Portion of Miami Shores Section 6” as recorded in Plat Book 35 of Page 25 of the Public Records of Miami-Dade County, Florida.
and,
A portion of land lying in Section 7, Township 53 South, Range 42 East, of Miami-Dade County Florida, more particularly described as all of lot 4 of “Tuttles Subdivision” as recorded in plat book B of Page 3 of the Public Records of Miami Dade County; except the East 185 feet.

encompassing an area described by Resolution No. R-2012-022, passed and adopted by the Village Council of the Village of El Portal, which is attached hereto as Attachment A and made a part hereof by reference. A map depicting the annexed areas is attached hereto as Attachment B and made a part hereof by reference. In the event of any inconsistency between the boundaries of the annexation areas as described by the legal description and the map identified as Attachment B, the boundaries of the annexation areas as described by the legal description shall prevail.
Section 2. Pursuant to Section 20-8.1 and 20-8.2 of the Code of Miami-Dade County, this ordinance shall be effective only upon the condition and with the reservation that the County shall continue to collect and reserve all electric franchise revenues accruing within the annexed areas during the full term of the County franchise, and the County shall forever continue to collect and receive all utility tax revenues accruing within the annexed areas in the same manner as though the annexed areas remained a part of the unincorporated area of the County.
Section 3. Pursuant to Section 20-8.4, Code of Miami-Dade County, this Ordinance shall be effective only upon the condition and with the reservation that the County shall forever continue to collect and dispose of all residential waste within the annexed areas in the same manner as though such annexed areas remained part of the unincorporated area of the County, unless the authority to collect such waste is delegated by the County to the governing body of the municipality through a twenty (20) year interlocal agreement which provides for collection services, and a twenty (20) year interlocal agreement which provides for disposal services in substantially the form approved by Resolution No. R119895, as may be amended.
Section 4. Pursuant to Section 20-8.8, Code of Miami-Dade County, Miami-Dade County shall retain jurisdiction over the modification or deletion of declarations of restrictive covenants accepted by either the Board of County Commissioners or a Miami-Dade County Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan application or zoning application, regardless of whether such declaration provides for modification or deletion by a successor governmental body. It is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the Village of El Portal has first approved the modification or deletion.
Section 5. Pursuant to Florida Statute Section 101.001, this Board hereby approves the removal of voting precinct 070.0 and the revised boundaries for voting precincts 159.0, as listed and described in Attachment C, and made a part of this Ordinance. Such precincts may be subsequently altered by further resolution of this Board.
Section 6. This Ordinance shall be effective only if the Village of El Portal executes a duly authorized interlocal agreement acceptable to the County wherein it agrees, among other things, to be responsible for its pro rata share of any bond indebtedness, pursuant to Sec. 20-8.5 of the Code of Miami-Dade County, Florida.
Section 7. 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 8. The provisions of this Ordinance are interdependent upon one another, and the entire ordinance shall be deemed invalid if any of its provisions are declared invalid or unconstitutional. If any of the sections of this ordinance are found or adjudged to be illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect.

Section 9. This ordinance shall become effective: (a) 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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