HomeMy WebLinkAboutPre-Legislation'T
J-97-99
2/27/97
ORD INAqCE NO . U
A-i ' OPJIroNCE, WITH ATTAC►2�LE?v1 (S } ; APPROVING
CREATION OF A SPECIAL TAXING DISTRICT BY
METROPOLITAN DARE COUNTY FOR THE MORNT_NGSIDE
NEIGHBORHOOD, MI.AN12, FLORIDA, FOR THE PURPOSE OF
PROVIDING TWENTY-FOUR HOUR STATIONARY SECiiRITY
Gr..A D SERVICE AND ROVING POLICE PATROL SERVICE;
SUBJECT TO COMPLIANCE WITH AADPLICARLE CITY OF
MUNK AND KETROPOLITA.N DADE COUNTY REQUIREMENTS;
APPROVING CONSTRUCTION OF TWO (2) GUARD HOUSE
FACILITIES, GATES, FOUR .(g) STREET CLOSUPZS,
INST_ALtATION AND OPER_ATTON OF TRAFFIC CO`+MOL
DEVICES, AND AUTHORIZING AND APPROPRIATING A?q
AMOUNT NOT TO EXCEED TriREE HUNDRED AND •FIFTY
THOUSAND DOLLARS ($350, 000) FOR SAID CAPITAL
IMPROVEMENTS, AND pDDITIOkV%L EXPENDITURES FOR
ROVING POLICE PATROL SERVICE; REQUIRING
REIMBURSEMENT FOR .ALL EXPENDITURES; PROVIDING
FOR TITLE, INSUR.ANCE AIM .GUALRD HOUSE LOCATION;
REQUIRING EXECUTION OF INTERLOCAL AGREEMEB7T,, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN
THE CITY AND NMTIROPOLT-TAN DARE COUNTY;
CONIAJ ING A REPR:&LEP. PROVISION, SEVERRABILITY
C-AUSE, 00, PROVIDING FOR AN EFFECTIVE DATE.
W:HERE_kS, some citizens of the City of Miami residing in
Morringside neighborhood petitioned Dade County, pursuant to Chapter
XVIII o= the Metropolitan Dade County Code, to create a Special Taxing
District to provide Stationary Security Guard Service for the
Morningside neighborhood; and
WHEREAS, the Morningside Civic A.ssoc_ation has requested the
approval of the Miami City Commission for Metropolitan Dade County to
hold a referendum vote of the residents of the •Morningside
neighborhood, at no expense.to the City of Miami, to determine whether
a Special Taxing District should be created in the. Morningside
neighborhood; and
VHEP.F.AS, the City Commission, after careful consideration of: this
matter, deems it advisable and ir: the best interest of the general
welfare of the City of Miami, in general, and the _residents of the
Morningside neighborhood in particular, to allow Metropolitan Dade
County to proceed, as hereinafter set forth;
NOW, T'r_ER.EFOPE, BE IT ORDAINED BY TEE COLMISSION OF THE CITY OF
MIF2�lI, F_,OPIDA:
Section 1. The recitals and findings contained in the Preamble
to this Ordinance are hereby adopted by reference thereto and
incorporated herein as if fully sat forth in this Section.
Section 2. The creation of a Special Taxing District by Dade
County for the ihiorningside neighborhood, Miami, Florida, in accordance
.with Chapter XVIII of the Matropolitan Charter and Sections 18-2 and
18-3 of the Dade County Code, for the purpose of providing twenty-four
hour Stationary Security Guard Service by private security companies
("Security Guard District° or "District") and roving police patrol
service, is hereby approved, subject to the requirements set forth
herein.
Section 3. The creation of said District and the levying
of annual special assessments to support this service shall also, i—nte
P'lia, require the execution of an interlocal agreement, in
substantially the form attached hereto between the City of Miami and
Metropolitan Dade County, wherein the' City, pursuant to applicable
procurement procedures, will furnish and install for the District all
capital improvements necessary to complete the construction of two (2)
Guard Houses, including the necessary road improvements, water, sewer,
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electrical and telephone connections, concrete pads, sidewalk, curbing
and rewired drainage improvements, signing and striping, gates and
four (4) street closure, as required by the Di recto= cf the Dads
County Public Works Department, to ensure the safe operation of said
facilities in the public right, -of -way.
Section a. Upon the referendum approval of this Special _axing
District by the affected residents, and subject to the inclusion of a
specific provision in the Irterlocal Agreement between the City and
Dade County providing for reimbursement to the City of exmenses
incurred, the City shall provide a roving police patrol service,
comprised of off -duty police officers in marked patrol vehicles, during
the term of the aforesaid interlocal agreement or when terminated by
either the City or Dade County, at any time, by sixty (60) days prior
notification in writing of desire to terminate.
Section 5. Upon the de -il— creation of the subject Special
Taxincr District, the City Manager is hereby authorized to expend an
amount, not to exceed Three Hundred Fiftv Thousand Dollars ($350,000),
to furnish and install the aforementioned Capital Improvements.
Section 6. Said interlocal agreement shall provide that Dade
County shall reimburse the City for all costs of labor, materials and
supplies necessary to provide the capital improvements and roving
police patrol service described herein.
Section 7. Title of the Guard House facilities shall remain with
the 'City or its assignee and said ,facilities shall be leased in
perpetuity to Dade County for $10.00 per annum until such time as the
District is legally abolished, and insurance for such facility may be
included in the cost to be reimbursed to the City in the annual
assessments levied by the District.
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Section S. The Guard House Facilities herein approved to be
constructed will be located within the public right-of-way located on
hE 50 Terrace east of Biscayne Boulevard and on NEE 5 Avenue b_tws en N-w
57 Street and N3 59 Street.
Section 9. FZ exit only gate will be located on N6' 58 Street east
of ME 5 Avenue.
Section 10. The street closures to be added to the existing nine
(9) closures will be located at NE 52 Terrace, NE 55 Terrace and N✓ 57
Street east of Biscayne Boulevard and at Bayshore Drive between NE 6o
Street and NE 61 Street.
Section 11. Dade County shall be responsible for installing and
operating Traffic Control Devices to enable guards to record the date
and time of entry, vehicle make-, model, color and license -tag number,
it being understood and agreed that no visitor to the District will be
denied access or Entry to the District under any conditions.
Section 12. Dade County shall be responsible_ for contracting for
a uniformed commercial Security Guard Service, duly licensed and bonded
and State of Florida approved, -for the purpose of providing service at
the approximate location specified herein, twenty-four (24) hours a
day, seven (7) days a week, three hundred and sixty-five (365) days a
year; or, in the alternative, the same services may be provided using
uniformed off -duty police officers.
Section 13. All approvals and authorizations herein granted are
hereby further conditioned upon and subject to the affirmative vote of
the residents of the Morningside neighborhood in an election to be
conducted according to Metr000litan Dade County Code, and further,
subject to the approval of the Dade County Board of Commissioners
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Section 14 . All ordinances -or parts of o=di nances insofar as they
are inconsistent or in conflict with the provisions of this Ordinance
are hereby revealed.
Section 15. If aay sectiorl, part of section, paragraph, clause,
phrase, or Work of this Ordinance is declared invalid, the remaining
provisions of this Ordinance shall not be affected.
Section 16. This Ordinance shall beco-me effective thirty (30)
days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 20th day of
February , 1997.
PASSED ANADOPTED ON SECOND ITT FINAL REPD-ZNG this 20th
D,
day of March f 19r7
�?a � nST•
WPT TER J . FOE�I4 'CITY CLERK
(2A—P1 `1L IVIPROVE.-MIEN S REVIEF;
GR+A1 SHEEHAN, COORDINATOR
Pi EPAR?D AND APPROVED BY-
ELL01&2-4ic,�Z-
rr rTELL
TY P ORIv-Y
W256:csk:JEM
FINAVCLAL REVIEW
MICMZtEL V':M, DiP CTOR
FINANCE DEPARTMENT
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN L70NES, I1
CITY ATTORNEY
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