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ORDINANCE AMENDING ORDINANCE NO. 94-151 RELATING TO THE OAK FOREST STATIONARY SECURITY GUARD SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO ALLOW THE USE OF LICENSE PLATE READERS OR OTHER UPDATED VISITOR MANAGEMENT TECHNOLOGY TO DOCUMENT VISITOR VEHICLES ENTERING AND EXITING THE SPECIAL TAXING DISTRICT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

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WHEREAS, the Miami-Dade County Home Rule Amendment to the Florida Constitution (Article VIII, Section 6) grants to the electors of Miami-Dade County power to adopt a home rule charter of government for Miami-Dade County, Florida, and provides that such charter may provide a method for establishing special taxing districts and other governmental units in Miami-Dade County from time to time; and
WHEREAS, the Home Rule Charter adopted by the electors of Miami-Dade County on May 21, 1957, provides that the Board of County Commissioners, as the legislative and governing body of Miami-Dade County, shall have the power to establish special purpose districts within which may be provided essential facilities and services and that all funds for such districts shall be provided by service charges, special assessments, or general tax levies within such districts only, and that the County Commission shall be the governing body of all such districts; and
WHEREAS, pursuant to such provisions of the Florida Constitution and the Home Rule Charter, the Board of County Commissioners duly enacted Chapter 18 of the Code of Miami-Dade County, Florida, providing for the creation and establishment of special taxing districts and prescribing the procedures therefore; and
WHEREAS, in accordance with the provisions of Chapter 18 of the Code of Miami-Dade County, Florida, this Board established in 1994, pursuant to Ordinance No. 94-151 (�1994 Ordinance�) attached hereto as Exhibit �A�, the Oak Forest Stationary Security Guard Special Taxing District (the �Special Taxing District�); and
WHEREAS, the 1994 Ordinance provided that the �improvements and services to be provided within this proposed special taxing district will consist of . . . [a] safety and sentinel security initially to consist of unarmed uniformed guards provided by a private security guard company or off-duty police officers, continuously operating from two guardhouses;� and
WHEREAS, residents within the Special Taxing District have expressed an interest in having County staff administering the Special Taxing District to consider the use of license plate readers or other updated visitor management technology to document visitor vehicles entering and exiting the Special Taxing District; and
WHEREAS, all security guard special taxing districts currently manually log visitor vehicles as they enter the districts; and
WHEREAS, in addition, certain security guard special taxing district ordinances currently allow the use of cameras and recording devices in the guardhouses to automatically record the license plates of vehicles entering the districts; and
WHEREAS, as such, this Board desires to amend the 1994 Ordinance in order to allow, if desired by the residents of the Special Taxing District, the use of license plate readers or other updated visitor management technology to document visitor vehicles entering and exiting the Special Taxing District,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. In accordance with Chapter 18 of the Code of the Miami-Dade County, Florida, this Board hereby amends Section 3 of Ordinance 94-151 to read as follows:1
Section 3. The improvements and services to be provided within this special taxing district will consist of the following:
A safety and sentinel security initially to consist of unarmed uniformed guards provided by a private security guard company or off-duty police officers, continuously operating from two guardhouses; one located on N.E. 21st Avenue approximately 100 feet north of N.E. 199th Street and one on N.E. 201st Street approximately 300 feet west of N.E. 24th Avenue. The following entrances to the community will be closed to vehicular traffic by barricades at: N.E. 20th Court, 21st Court, 22nd Avenue, 23rd Avenue, north of 199th street; and 202nd Street east of Highland Lakes Boulevard. Construction of the guardhouses, gates, and barricades will be capital improvement items of this district. Service will be provided 24 hours per day, 365 days a year. >>In addition, the improvements and services to be provided within the special taxing district may include license plate readers or other updated visitor management technology to document visitor vehicles entering and exiting the district, and may be furnished, installed, operated and maintained to monitor the vehicular lanes adjacent to the guardhouses.<<
Section 2. It is hereby declared that the use of license plate readers or other updated visitor management technology to document visitor vehicles entering and exiting the Special Taxing District would be a special benefit to all property within the Special Taxing District in excess of the costs of providing these services.
Section 3. A duly certified copy of this Ordinance shall be filed in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida, and recorded in the appropriate book of records.
Section 4. 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 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County, Florida.
Section 6. 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 remain unchanged.