HomeMy WebLinkAboutO-11641J-98-370
3/24/98
ORDINANCE NO. 11641,
AN ORDINANCE, WITH ATTACHMENT(S) APPROVING
CREATION OF THE "FAIRHAVEN ROVING SECURITY
GUARD SPECIAL TAXING DISTRICT" BY MIAMI-DADE
COUNTY FOR THE FAIRHAVEN NEIGHBORHOOD, MIAMI,
FLORIDA, FOR THE PURPOSE OF PROVIDING ROVING
POLICE PATROL SERVICE, SUBJECT TO COMPLIANCE
WITH APPLICABLE CITY OF MIAMI AND MIAMI-DADE
COUNTY REQUIREMENTS; APPROVING NECESSARY
EXPENDITURES .FOR SAID ROVING OFF -DUTY POLICE
PATROL SERVICE; REQUIRING REIMBURSEMENT FOR
ALL EXPENDITURES; REQUIRING EXECUTION OF
INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, BETWEEN THE CITY AND
MIAMI-DADE COUNTY; CONTAINING A REPEALER
PROVISION. SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, a group of citizens of the City of Miami residing in
the Fairhaven neighborhood petitioned Miami -Dade County, pursuant to
Chapter XVIII of the Miami -Dade County Code, to create a Special
Taxing District to provide roving off -duty police patrol service for
the Fairhaven neighborhood; and
WHEREAS, the Fairhaven homeowners have requested the approval
of the Miami City Commission for Miami -Dade County to hold a
referendum vote of the registered voters of the Fairhaven
neighborhood, at no expense to the City of Miami, to determine
whether a Special Taxing District, to be known as the "Fairhaven
Roving Security Guard Special Taxing District," should be created in
the Fairhaven neighborhood of the City of Miami; and
ATTACHMENT (S)
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WHEREAS, the City Commission, after. careful consideration of
this matter, deems it advisable and in the best interest of the
welfare of the City of Miami, in general, and the residents of the
neighborhood in particular, to allow Miami -Dade County to proceed,
as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA;
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 set forth in this Section.
Section 2. The creation of a Special Taxing District, to be
known as the "Fairhaven Roving Security Guard Special Taxing
District" ("District") by Miami -Dade County, for the Fairhaven
neighborhood, Miami, Florida, in accordance with Chapter .XVIII of
the Miami -Dade County Charter and Sections 18-2 and 18-3 of the
Miami -Dade County Code, for the purpose of providing roving off -duty
policy patrol service and levying special assessments therefor, 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, inter
alia, require the execution of an interlocal agreement, in
substantially the form attached hereto, between the City of Miami
and Miami -Dade County.
Section 4. Upon the referendum approval of this Special Taxing
District by the District's registered voters, and subject to the
inclusion of a special provision in the Interlocal Agreement between
the City and Miami -Dade County providing for reimbursement to the
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City of expenses 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 until terminated by either the City or Miami -Dade
County, at any time, by sixty (60) days prior notification in
writing of desire to terminate.
Section 5. Upon the creation of the subject Special Taxing
District, the City Manager is hereby authorized to expend wholly
reimbursable funds necessary to provide the specified roving police
services_
Section 6. Said interlocal agreement shall provide that
Miami -Dade County shall reimburse the City for all costs necessary
to provide the roving police patrol service described herein.
Section 7. The City of Miami shall be responsible through its
off -duty employment office for providing roving security service in
the District eight (8) hours a day, seven (7) days a week, three
hundred and sixty-five (365) days a year, through the use of
uniformed off -duty police officers. This service is subject to the
availability of off -duty police offices to perform this function and
excludes coverage should the City require the utilization of its
police officers for emergency situations such as natural disasters,
civil disturbances, special events, etc.
Section 8. All approvals and authorizations herein granted are
hereby further conditioned upon and subject to the affirmative vote
of the registered voters of the Fairhaven neighborhood in an
election to be conducted according to Miami -Dade County Code, and
further, subject to the approval of the Miami -Dade County Board of
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Commissioners.
Section 9. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 10. If any section, 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 11. This Ordinance shall become effective thirty (30)
days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 24th-day of
March , 1998.
PASSED AND ADOPTED ON SECOND AND FINAL READING this 14th day of
April , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said lesiaticn !71`*111rd
ATTEST: becomes effective with the elapse of2ten90) days fro he date of ornmissicri action
regarding same, without the Mayor ev
WALTER J . FOEMAN J. eman, City Clerk
CITY CLERK
APPROVED AS TO FORM AND 'Uq/oj/�/RNEY
JO L EDWARD MAXWERIM CITY ATT
W471:csk:JEM
4 11641
BETWEEN
MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF
MIAMI, FOR PROVISION OF POLICE ROVING
PATROL FOR FAIRHAVEN ROVING SECURITY
GUARD SPECIAL TAXING DISTRICT
THIS INTERLOCAL AGREEMENT, made and entered into this day
of by and between MIAMI-DADE-COUNTY, FLORIDA (the
"COUNTY"), a political subdivision of the State of Florida, and the
CITY OF MIAMI, FLORIDA (the "CITY"), a municipality organized and
existing under the laws of the State of Florida.
WHEREAS, Section 163.01, Florida Statutes (1997) and the Miami -
Dade County Home Rule Charter, as amended, permit the. COUNTY, and
the CITY to enter into i.nterlocal agreements, and
WHEREAS, the City Commission passed and adopted on
Ordinance No. approving the creation of
the FAIRHAVEN ROVING SECURITY GUARD SPECIAL TAXING DISTRICT
("District"); and
WHEREAS, the Miami -Dade Board of County Commissioners, by the
adoption of Ordinance No. on created the
FAIRHAVEN ROVING SECURITY GUARD SPECIAL TAXING DISTRICT, pursuant to
Chapter 18 of the Code of Miami -Dade County, Florida, and Section
1.01(a)(11) of the Miami -Dade County Home Rule Charter; and
WHEREAS, the District was approved on by a
majority vote of qualified electors residing within the District,
and
WHEREAS, the Miami -Dade Board of County Commissioners, in
Ordinance No. authorized the County Manager to enter into an
Interlocal Agreement with the CITY, in order for the CITY to provide
off -duty police roving patrol services for the District; and
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WHEREAS, the parties hereto, for the consideration as herein
set forth mutually agree as follows:
1. The CITY will furnish management_, supervision, manpower,
equipment, vehicles and supplies as required to provide for police
patrol service. This service shall consist of one roving uniformed
off -duty police officer, eight (8) hours per day, seven (7) days per
week, fifty-two (52) weeks per year, within the Fairhaven Roving
Security Guard Special Taxing District boundaries. This service is
subject to the availability of off -duty police officers to perform
this function and excludes coverage should the City require the
utilization of its police officers for emergency situations such as
natural disasters, civil disturbances, special events, etc.
2. The COUNTY agrees to pay the fixed hourly rate prevailing
at the time of execution of this agreement for an off -duty police
officer, and the applicable administrative fee as set by City Code,
except that the City shall waive any vehicle surcharge or any other
surcharges which may exist.
3. From special assessments collected within the District,
the COUNTY shall pay all costs incurred by the CITY pursuant to
Sections 1 and 2, above, within 30 days of receipt of itemized
invoices.
4. Post orders shall be prepared and published by the COUNTY
and posted at a mutually agreed upon location within the District.
All officers must comply with and have access to these post orders
at all times while on duty. All post orders (initial or revised)
must be approved by the COUNTY. Said post orders may be amended
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from time to time by the County in its discretion as it deems
appropriate in its administration of the District. The COUNTY will
furnish at no cost to the CITY a sufficient number of all required
forms and a desk book with Post Orders.
5. The CITY agrees to indemnify and hold harmless the COUNTY
and its officers, employees, agents and instrumentalities from any
and all liability. Losses or damages, including attorneys' fees and
costs of defense, which the COUNTY or its officers, employees,
agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or
nature arising out of, relating to or resulting from the performance
of this Agreement by the CITY or its employees, agents, servants,
partners, principals or subcontractors. The CITY agrees to pay all
claims and losses in connection therewith and shall investigate and
defend all claims, suits or actions of any kind or nature in the
name of the COUNTY, where applicable, including appellate
proceedings, and shall pay all costs, judgments and attorney's fees
which may issue thereon. Provided, however, this indemnification
shall only be to the extent and within the limitations of Section
768.28, Florida Statutes,(1997), subject to the provisions of that
Statute whereby the CITY shall not be held liable to pay a personal
injury or property damage claim or judgment by any one person which
exceeds the sum of $100,000, or any claim or judgment or portions
thereof, which, when totaled with other claims or judgment paid by
the CITY arising out of the same incident or occurrence, exceed the
sum of $200,000 from any and all personal injury or property damage
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claims, liability, losses or causes of action which may arise as a
result of the negligence of the CITY. Prior to execution of this
Agreement by the COUNTY, and commencement of work, the CITY must
provide to the COUNTY proof of the CITY's self-insurance pursuant to
Chapter 440 and Section 768.28, Florida Statutes, (1997), for the
following:
(a) Workers' Compensation
(b) Comprehensive General Liability
(c) Automobile Insurance
All such insurance required hereunder shall remain in effect during
the term of this Agreement.
6. The CITY or its agent shall not in any event be
considered nor shall it represent itself as an agent, officer,
servant or employee of the COUNTY in the performance of its
activities under this Agreement.
7. The term of this Agreement, as it relates to the police
roving patrol, is for a two (2) year period from October 1,
to September 30, This Agreement, as it relates
to the police roving patrol, can be terminated by either party, at
any time, by sixty (60) days prior notification in writing of desire
to terminate.
8. The COUNTY retains the option of renewing this Agreement
for successive two-year periods with the consent of the CITY. The
renewal Agreement can be terminated by either party, at any time, by
sixty (60) days prior notification in writing of desire to
terminate.
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9. All written notices under this Agreement will be sent by
certified mail addressed to the following address of the COUNTY:
Miami -Dade Public Works Department
Special Taxing Districts Division
111 N.W. 1st Street, Suite 1510
Miami, FL 33128
and the following addresses for the CITY:
City Manager City Attorney
City of Miami. City of Miami
3500 Pan American Drive 444 S.W. 2nd Avenue, Suite 945
Miami, FL 33133 Miami, FL 33130-1910
10. Nothing expressed or implied herein is intended or shall
be construed to confer upon or to give any person, firm, corporation
or other entity, other than the parties hereto, any right, remedy or
claim under or by reason of this Interlocal Agreement or by reason
of any term, covenant, condition, promise or agreement contained
herein, all said rights, remedies and any claims whatsoever
hereunder being for the sole and exclusive benefit of the parties
hereto, their successors and assigns. No third party beneficiary
rights are intended or implied.
11. This Interlocal Agreement shall be binding upon the
parties hereto.
12. This Interlocal Agreement has been duly authorized,
executed and delivered by each party hereto and constitutes a legal,
valid and binding obligation of each party in accordance with its
terms.
13. The terms of this Interlocal Agreement shall be
enforceable by , either party hereto in a court of competent
jurisdiction by use of all available equitable and legal remedies.
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11641
a . f
14. This Interlocal Agreement shall be effective when
approved, executed and delivered by the City Manager of the City of
Miami and the County Manager as authorized by City Ordinance No.
and County Ordinance No.
15. As a condition precedent to the effectiveness of this
Interlocal Agreement and any subsequent amendments thereto, this
Interlocal Agreement and such' amendments must be filed with the
Clerk of the Circuit Court, in and for Dade County, Florida.
16. This document embodies the entire agreement and
understanding between the parties hereto, and any other agreements
and understandings, whether oral or written, with reference to the
subject matter of the Interlocal Agreement are merged herein or
superseded hereby.
17. No alteration, change or modification of the terms of
this Interlocal Agreement shall be valid unless made in writing and
signed by all parties and, if deemed by either the City Attorney or
the County Attorney to be a material amendment, then only upon
approval by both the City Manager andthe County Manager.
IN WITNESS WHEREOF, the parties having caused this Interlocal
Agreement to be executed by their respective and duly authorized
officers.
CITY OF MIAMI, FLORIDA MIAMI-DADE COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY
COMMISSIONERS
JOSE GARCIA-PEDROSA
CITY MANAGER
M
COUNTY MANAGER
11641
8 .0
Authority of Ordinance No.
duly passed and adopted by the
Miami City Commission on
ATTEST:
WALTER J. FOEMAN
CITY CLERK
CITY OF MIAMI, FLORIDA
( SEAL )
APPROVED as to Legal
A w
Form
7
DEPUTY CLERK
MIAMI-DADE COUNTY
APPROVED as to Legal Form
ROBERT GINSBURG
COUNTY ATTORNEY
11641
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 16
Honorable Mayor and April 7, 1998
To : Members of the City Commission DATE FILE
SUBJECT Fairhaven Roving Security
Guard Special Taxing
District; Second Reading
FROM: REFERENCES:
Jose Garcia -Pedrosa City Commission Meeting
City Manager ENCLOSURES: Of April 14, 1998
•
•
RECOMMENDATION
That the City Commission approve on second reading the attached Ordinance approved
by the City Commission at its meeting of March 24, 1998, approving the creation of the
"Fairhaven Roving Security Guard Special Taxing District" by Metropolitan Dade
County for the Fairhaven Neighborhood, Miami, Florida, so as to roving police patrol,
subject to the stated requirements.
BACKGROUND
This item was introduced as a pocket item by Commissioner Tomas Regalado on March
24, 1998. Pursuant to Chapter XVIIl of the Code of Miami -Dade County, citizens
residing in the Fairhaven Neighborhood petitioned the County to create a Special Taxing
District to provide roving off -duty police patrol service for their neighborhood. The
homeowners have requested the approval of the City Commission to have the County.
hold a referendum vote of the registered voters of the Fairhaven neighborhood, at no
expense to the City, to determine whether such Special Taxing District should be created.
Approval of such creation would be in the best interest of the neighborhood and the City.
JGP:rr
11641
M,ar 24 98 11:43a r1ta\, 05-441-228G'
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I
AN ORDINANCE, wITH ATTACHMENT(S) APPROVING
CREATION OF THE "FAIRHAVEN ROVING SECURITY
GUARD SPECIAL TAXING DISTRICT" BY MEZ =70LITAN
DADE COUNTY FOR THE FAIRHAVEN NEIGHBORHOOD,
MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING
ROVING POLICE PATROL SERVICE; SUBJECT TO
COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND
METROPOLITAN DADE , COUNTY REQUIREMENTS.;
APPROVING NECESSARY EXPENDITURES FOR SAID
ROVING OFF -DUTY POLICE PATROL SERVICE-
REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES;
REQUIRING EXECUTION OF INTERLOCAL AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN
'THE CITY AND METROPOLITAN DADE COUNTY;
CONTAINING A REPEALER PROVISION. SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, some citizens of the City of Miami,re siding in the
Fairhaven neighborhood petitioned.Dade County, pursuant to Chapter
XVIII of the Metropolitan Dade County Code, to create a Special
�--. Taxing District to provide roving off -duty Police Patrol Service for
the'Fairhaven neighborhood; and
WHEREAS, the Fairhaven Homeowners have requested the approval
of the Miami City Commission for Metropolitan Dade County to hold a
referendum vote of the registered voters of the Fairhaven
neighborhood, at no 'expense to the City of Miami, to determine
whether a Special Taxing District, to be known as the "Fairhaven
Roving. Security Guard Special Taxing District, ",should be created' in
the,Fairhaven neighborhood of the City of Miami; and
WHEREAS, the City Commission, after careful consideration'of
this matter, deems it advisable and in the best interest of the
general Welfare of the City of Miami, in general, and the residents
of -the neighborhood in particular, to allow Metropolitan Dade County
to proceed, as hereinafter set forth:
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Mar 24 98 11:44a fn ta\ �5-441-2286
?.AR -_27 98010\I IS 09 SEaPO. FREED',1;\�;ELO� .-L 7CJ'JJtl'11J=I"" '"' UL�
NOW, THEREFORE, BE IT aRDAINED BY THE COMMISSION OF THE CITY GF
M:.%M.i , FLORIDA;
Section 1. The recitals and f irdings contained in the Preamble
to this ordinance are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The creation of a Special Taxing District, to be
known as the "Fairhaven Roving Security Guard Special Taxing
District" ("District") by Dade County, for the Fairhaven
neighborhood, Miami, Florida, in accordance with Chapter XVIII of
the Metropolitan Charter and Sections I8-2 and 18-3 of the Dade
County Code, for the purpose of providing roving oft -duty policy
patrol service and levying special assessments therefor, is hereby
approved subject to the requirements set forth herein.
Section 3. The de lure creation of said District and the
levying of annual special assessments to support this service shall
also, inter a", require the execution of an interlocal agreement,
in substantially the form attached hereto, between the City of Miami
and Metropolitan Dade County.
Section 4. Upon the referendum approval of this Special Taxing
District by the District's registered voters, and subject to the
inclusion of a special provision in the Interlocal Agreement between.
the City and Dade County providing for reimbursement tot he City of
expenses 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
until terminated by either the City or Dade County, at any time, by
sixty (60) days prior notification in writing of desire to
terminate.
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................................................... ......................... .......................................
24 98 11:44a
Mar r a
441-2286
TEL ......
Special
s.6ct'ion S. Upon the d r creation of the subject
Taxing District, the City Manager is hereby authorized to .,expend
wholly reimbursable funds necessary to provide the specified roving
police -services.,
Section 6. said interlocal agreement shall provide that pade
county shall reimburse the City fqZ- all costs necessaryto provide
the roving police pat47'01 service described herein.-
Section 7.. The city of Miami shall be responsible through its
off -duty employment offict for providing. roving security service In
the District either (8) hours a day, seven (7) days.a week, three
hundred and sixty-five (365) days a year, through the use of
uniformed off -duty police officers. ,This service is -subject to the
availability of off -duty police offices to perform this function and
excludes 'coverage should the City require the utilization of its
police officers for emergency situations such as natural -disasters, -
civil disturbances, special events, etc,..
Section 8. All approvals and authorizations herein granted are
hereby further conditioned upon and subject to the affirmative vote
of the registered .voters of the Fairhaven neighborhood in an
election to be conducted according to Metropolitan Dad* County Code,
and further.. subject to the approval of the Dade County board of
Commissioners.
section-4,. All ordinances or p^rts of ordinances insofar as
they are inconsistent or in. conflict with the provisi.ons, of this
Ordinance are hereby repelled.
Section 10. If any section, part of section, paragraph-,
clause, phrase, or work of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
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Mar 24 98 11:45ata� 05-441-2286 P.5
+AR -2 8 SH.APO. FREED ANULOO TEL
Section 11. This Ordinance shall become affective thirty (30)
days after final reading and adoption thereof.
PASSED ON FIRST RENDING SY TITLE ONLY this day of
1998.
PASSED AND ADOPTED ON SECOND AND F?NAL READING this day of
1999.
MAYOR
ATTEST:
WALTER J. FOEMAN, CITY CLERK
APPROVED AS TO FOR14 AND
CORRECTNESS.
CITY ATTORNEY
PREPARED AND APPROVED BY: FINANCIAL REVZj'W
ACTING DIRECTOR
DEPUTY CITY ATTORNEY FINANCIAL DEPARTMENT
CAPITAL IMPROVEMENTS REVIEW
6244 001 032J96 (IA.12)
P: k"DAMOZDOC19"3l I
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11641
ma,- 24 98 11:45a J
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uu
..-... II3TMOGAL AGRE&%MNT BY AND BETWEEN
DADE COUNTY, FLORIDA AND THE CITY OF
MIAMI, $oR PROVISION OF POLICE ROVING
PATROL FOR FAIRHAVEN .ROVING SECURITY
GUARD SPECIAL TAXING DISTRICT
THIS ZNTERLOCAL AGREEMENT, made and entered into this day
of by and between DADE COUNTY, FLORIDA (the
"COUNTY"), a political subdivision of the State of Florida, and'the -
CITY OF MIAMI, FLORIDA (the "CITY"), a municipality organized and
existing under the laws of the State of Florida.
W?�EREAS, Section 163.01, Florida Statutes (1995) and tye
Metropolitan Dade County Home Rule Charter, as amended, permit the
COUNTY, and the CITY to enter into interlocal agreements, and
WHEREAS, the City Commiss»on passed and adopted cn
ordinance No. approving the creation of
'the FAIRHAVEN ROVING SECURITY GUARD SPECIAL TAXING DISTRICT
( `Dzst: ict") ; and
WHEREAS, the Board of County Commissioners, by the adoption of
Ordinance No. on _, created the FAIRHAVEN
ROVING SECURITY GUARD SPECIAL TAXING DISTRICT, pursuant to Chapter
18 of the Code of Metropolitan Dade County, Florida, and Section
1.01(a)(11) of the Dade County Some Rule Charter; and
WHEREAS, the District was approved on by a
majority vote of qualified electors residing within the e?istriet,
a nd
WHEREAS, the Board of County Commissioners, in Ordinance No.
authorized the County Manager to enter into- an Interlocal
Agreement with the CITY, in. order for the CITY to provide off -duty
polio* roving patrol services for she District,
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Mar 24 98 11:46a r1ta\
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3$441-2286 p.7
IEL
i
WiiERFAS, the parties hereto, for the consideration as herein
set forth mutually agree as follows:
t. The CITY will furnish management, suparvisicn, wa-PQwQr,
equipment, vehicles and supplies as required to provide for police
patrol service. This service shall consist of one roving uniformed
off -duty policy officer, eight (a) hours per day, seven (7) days per
creek, fifty-two (52) weeks per year, within the Fairhaven Roving
Security Guard Special Taxing District boundaries. This service is
subject to the availability of off -duty police officers to perform
this function and excludes coverage should the City require the
utilization of its police officers for emergency situacio.ns such as
natural disasters, civil disturbances, special events, etc.
2. The COUNTY agrees to pay the fixed hourly rate prevailing
at the time of execution of this agreement for an off -duty police
officer, and the applicable administrative fee as set for city Code,
except that the City shall waive any vehicle surcharge or any otter
surcharges which may exist.
3. From special assessments collected. within the DistriCt,
the COUNTY shall pay all costs incurred by the CITY pursuant to
Sections 1 and 2, above, within 30 days of receipt of itemized
invoices_ -
4. Post orders shall be prepared and published by the COUNTY
and posted ata mutually agreed upon location within the District.
All officers must g9mply with and have access to these post orders
at all times while on duty. All post orders (initial or revised)
must be approved by the COUNTY. Said post orders may be amended
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Mar 24 98 11:47a r0a\ 34W441-2286
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from time to time by the County in its .discretion as it deems
appropriate in its administration of the District.. The COUNTY will
furnish at no cost to the CITY a sufficient number of ail required
forms and a desk book with' Post Orders.
S. The CITY agrees to indemnify and hold harmless the COUNTY
and its officers, employees, agents and instrumentalities from any
and all liability. Lo3se3s or damages, inCludi-q.Att'nrneysf fees and
costs of defense, which the COUNTY or its officers, employees,
agents or, instrumentalities may incur as a result of claims,
A^van"An . l:uitQ. e-;kIIgPC of actions or proceedings of any kind or
..�... sv,-, n1np nur- .of. Lv,laQ111•j �n eve roe..iLt.•�L'� ... �1•.... ti•..•�awf•w►oIto&
of thi.S Agreement by the city uY ALa cmpxo2•aao, MgC3n-_tQ,
partners, principals or subcontractors. The CITY agrees to pay all
-- claims and lasses in connection therawith and shall investigate and
defend all cl'aiims, Suits yr actions of any kiitu vi. ,tatua a ir% the •
name of the COUNTY, where applicable, including appellate.
proceedings, and shall pay all costs, judgments and attorney's fees
which may issue thereon. Provided, however, this indemnification.
shall only be to the extent and within the limitations of Section
'768..28, Florida Statutes. subject, to the provisions of that Statute
whereby the CITY shall not be held liable to pay a personal injury
-or property damage claim or judgment by any one person which exceeds
the sum of $loo,000, or any claim or judgment or portions thereof.
which, when totalled WithL other claims or judgment pai& by the CITY
arising out of the same incident or occurrence, exceed the sum of
$200, 000 from any and -all personal injury or property damage claims,
ro
=ROM
Donald H. Warshaw
City Manager
Yamile Marrero Trehy
Assistant City Attorney
® CITY OF MIAMI. FLORIDA
INTER=OFFICE MEMORANDUM
DATE: August 18 1998 FILE : A96887
SUBJECT: FAIRHAVEN ROVING PATROL SECURITY
GUARD SPECIAL TAXING DISTRICT;
INTERLOCAL AGREEMENT.
REFERENCES:
ENCLOSURES:
Enclosed please find three (3) originals of the Interlocal Agreement with the county relative to
the above -referenced special taxing district. At this time, we are requesting you execute the
Agreement, forward the originals to the City Clerk for execution and request he return all
originals to this Office for forwarding to the county. Following county execution of said
agreement an original will be provided to the City Clerk.
The foregoing agreement was required by action of the City Commission on March 24, 1998, in
connection with its passage and adoption of the Ordinance 11641 approving on second and
final reading the Fairhaven Roving Patrol Security Guard Special Taxing District.
Should you have any questions concerning this matter please let me know at your earliest
convenience.
c: Alejandro Vilarello, City Attorney
J l E. Maxwell, Assistant City Attorney
Walter Foeman, City Clerk
Ana Pando, Police Legal Advisor (305-372-4609)
Major Noel Rojas (305-643-7180)
Marie Helen Cohen, Miami -Dade County (fax#305-375-3338)
C�
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YMT:CM984FairhaveAgmt.doc
INTERLC AGREEMENT BY AND BETWE&AMI-DADE
COUNTY, FLORIDA AND THE CITY OF MIAMI FOR POLICE
ROVING PATROL SERVICES WITHIN THE FAIRHAVEN ROVING
PATROL SECURITY GUARD SPECIAL TAXING DISTRICT
THIS INTERLOCAL AGREEMENT, made and entered into this day of ,
by and between MIAMI-DADE COUNTY, FLORIDA (the "COUNTY"), a political subdivision
of the State of Florida, and the CITY OF MIAMI, FLORIDA (the "CITY"), a municipality organized
and existing under the laws of the State of Florida.
WHEREAS, Section 163.01, Florida Statutes (1995) and the Miami -Dade County Home Rule
Charter, as amended, permit'the COUNTY, and the CITY to enter into interlocal agreements; and
WHEREAS, the City Commission passed and adopted on March 24, 1998, Ordinance No.
11641, approving the creation of the FAIRHAVEN ROVING PATROL SECURITY GUARD SPECIAL
TAXING DISTRICT; and
WHEREAS, the Board of County Commissioners, by the adoption of Ordinance No. 98-93
on June 16, 1998, created the FAIRHAVEN ROVING PATROL SECURITY GUARD SPECIAL
TAXING DISTRICT, pursuant to Chapter 18 of the Code of Miami- Dade County, Florida, and Section
1.01 (a) (11) of the Miami -Dade County Home Rule Charter; and
WHEREAS, the district was approved on July 28, 1998, by a majority vote of qualified
electors residing within the district; and
WHEREAS, the Board of County Commissioners, in Ordinance No..98-93, authorized the
County Manager to enter into an Interlocal Agreement with the CITY, in order for the CITY to provide
off -duty police roving patrol services for the district;
follows:
WHEREAS, the parties hereto, for the consideration as herein set forth mutually agree as
1. The CITY will furnish management, supervision, manpower, equipment, vehicles and
supplies as required to provide the police patrol service. This service shall consist of one. roving
uniformed off -duty police officer, eight (8) hours per day, three hundred and sixty-five (365) days per
year within the Fairhaven Roving Patrol Security Guard Special Taxing District boundaries. This
service is subject to the *ability of off -duty police officers to pea this function and excludes
coverage should the City require the utilization of its police officers for emergency situations such
as natural disasters, civil disturbances, special events, and similar situations.
2. The COUNTY agrees to pay a fixed hourly rate of twenty-two dollars ($22) per hour, which
includes all administrative fees, for the actual number of roving patrol service hours performed. The
aforementioned rate has been established using the base off -duty rate as set by the City of Miami
Police Department. This rate is subject to change in the event of a change in the City of Miami's
Police Department's off -duty rate. Any rate change would require an agreement amendment and
be agreed to by both the CITY and_the COUNTY. Realizing the competitive market for off -duty police
officer services, and the gap between the provision of services and collection of special
assessments for paid services, the COUNTY agrees, upon execution of the Agreement, to deliver
to the CITY a security deposit of Five Thousand dollars ($5,000.00) to ensure a minimum of four
week's service at fifty-six (56) hours of service per week. Said prepaid fund will be recouped as a
credit against the CITY's invoices received within the final 90 day period of this contract or any
extension thereof.
3. From special assessments collected within the District, the COUNTY shall pay all costs
incurred by the CITY pursuant to Sections 1 and 2, above, within 30 days of receipt of itemized
invoices.
4. Post orders shall be prepared and published by the COUNTY and posted at a mutually
agree upon location within the District. All officers must comply with and have access to these post
orders at all times while on duty. All post orders (initial or revised) must be approved by the
COUNTY. Said post orders may be amended from time to time by the County in its discretion as it
deems appropriate in its administration of the District. The COUNTY will furnish at no cost to the
CITY a sufficient number of all required forms and a desk book with Post Orders.
5. The CITY agrees to indemnify and hold harmless the COUNTY and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings
of any kind or nature arising out of, relating to or resulting from the performance of this Agreement
by the CITY or its emploo, agents, servants, partners, principAr subcontractors. The CITY
agrees to pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. Provided, however, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statues, subject to the provisions of that Statute whereby the
CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any
one person which exceeds the sum of $100,000, or any claim or judgement or portions thereof,
which, when totaled with all -other claims or judgment paid by the CITY arising out of the same
incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property
damage claims, liabilities, losses or causes of action which may arise as a result of the negligence
of the CITY. Prior to execution of this Agreement by the COUNTY , and commencement of work,
the CITY must provide to the COUNTY proof of the CITY's self-insurance pursuant to Chapter 440
and Section 768.28.5, Florida Statutes, for the following:
1. Workers' Compensation
2. Comprehensive General Liability
3. Automobile Insurance
All such insurance required hereunder shall remain in effect during the term of this Agreement.
6. The CITY or its agent shall not in any event be considered nor shall it represent itself as
an agent, officer, servant or employee of the COUNTY in the performance of its activities under this
Agreement.
7. The term of this Agreement, is for a two (2) year period from October 1, 1998 to
September 30, 2000. This Agreement can be terminated by either party, at any time, by sixty (60)
days prior notification in writing of desire to terminate.
8. The COUNTY retains the option of renewing this Agreement for successive two-year
periods with the consent of the CITY. At the time of Agreement renewal, the COUNTY will consider
an adjustment to price equal to the current police officer rates as determined by the City of Miami.
The renewal Agreement can be terminated by either party, at any time, by sixty (60) days prior
notification in writing of desire to terminate.
9. All written nole under this Agreement will be sent blertified mail addressed to the
following address of the COUNTY:
Miami -Dade Public Works Department
Special Taxing Districts Division
111 NW 1 st Street - Suite 1510
Miami, FL 33128
and the following address for the CITY:
City Manager City Attorney
City of Miami City of Miami
3500 Pan American Drive 444 SW 2nd Avenue - Suite 945
Miami, FL 33133 Miami, FL 33130-1910
10. Nothing expressed or icsplied herein is intended or shall be construed to confer upon or
to give any person, firm, corporation or other entity, other than the parties hereto, any right, remedy
or claim under or by reason of this Interlocal Agreement or by reason of any term, covenant,
condition, promise or agreement contained herein, all said rights, remedies and any claims
whatsoever hereunder being for the sole and exclusive benefit of the parties hereto, their successors
and assigns. No third party beneficiary rights are intended or implied.
11. This Interlocal Agreement shall be binding upon the parties hereto.
12. This Interlocal Agreement has been duly authorized, executed and delivered by each
party hereto and constitutes a legal, valid and binding obligation of each party in accordance with
its terms.
13. The terms of this Interlocal Agreement shall be enforceable by either party hereto in a
court of competent jurisdiction by use of all available equitable and legal remedies.
14. This Interlocal Agreement shall be effective when approved, executed and delivered by
the City Manager of the City of Miami and the County Manager as authorized by City Ordinance No.
11641 and County Ordinance No. 98-93.
15. As a condition precedent to the effectiveness of this Interlocal Agreement and any
subsequent amendments thereto, this Interlocal Agreement and such amendments must be filed
with the Clerk of the Circuit Court, in and for Miami -Dade County, Florida.
16. This document embodies the entire agreement and understanding between the parties
hereto, and any other agreements and understandings, whether oral or written, with reference to the
subject matter of this Interlocal Agreement are merged herein or superseded hereby.
17. No alteration, We or modifications of the terms of thliterlocal Agreement shall be
valid unless made in writing and signed by all parties and, if deemed by either the City Attorney or
the County Attorney to be a material amendment, then only upon approval by both the City Manager
and the County Manager.
IN WITNESS WHEREOF, the parties having caused this Interlocal Agreement to be executed by
their respective and duly authorized officers.
CITY OF MIAMI
CITY MANAGER
11:
Authority of Ordinance No. 11641 duly
passed and adopted by the Miami
City Commission on March 24, 1998
ATTEST:
CITY CLERK
(SEAL)
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
COUNTY MANAGER
DEPUTY CLERK
AP P ROVEQXsjpZjKalffirrk _,, APPROVED as to Legal Form.
ASSISTANT COUNTY ATTORNEY
0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 11642
in the ...................... X£X.X.XX.£.X................................ Court,
was published in said newspaper in the issues of
Apr 21, 1998
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County,. Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of .advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any discount, rebate, commission or for the purpose
of securirjl;l�,this advertisemenjAp1rj1ubIicdjion in the said
Aw9rh to and
21 r pri1
(SEAL)
Octelma V. Ferbeyre personally
me this
98
U
e��
OFFICIAL NOTARY SEAL
JANETT LLERENA
n
COMMISSION NUMBER
Q
CC566004
NY COMMISSION EXPIRES
Q�
JUNE 23,2000
L_kOAL NOTICE q
.. All interested persons will take notice that on the 14th day of April,
1998 the City Commission of Miami, Florida adopted. the following
titled ordinances:
ORDINANCE NO.11635
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL
REVENUE FUND ENTITLED: 'OFFICE .OF THE CITY
CLERK/PASSPORT ACCEPTANCE FACILITY (FY'98)" AND
APPROPRIATING FUNDS FOR THE OPERATION OF
SAME .IN THE- AMOUNT .OF $100;000.00 'AUTHORIZING -
THE • CITY -- MANAGER TO (1) ACCEPT- REVENUES
DERIVED AS"A 'RESULT OF THE CITY'S;,SERVICE AS A
U.S.- PASSPORT ACCEPTANCE._FACILITY, (2) ,DIRECT
THAT. SAID REVENUES GENERATED BE USED I
EXCLUSIVELY TO 'FUND THE GENERAL OPERATING
BUDGET OF THE OFFICE OF THE CITY CLERK, AND (3)
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE -CITY 'ATTORNEY, FOR SAID
PURPOSE;'CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 11636
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE ; FUND ENTITLED: °SYETP 98
SUMMER YOUTH. EMPLOYMENT TRAININGPROGRAM*
AND APPROPRIATING FUNDS FOR THE OPERATION OF
SAID PROGRAM IN THE; AMOUNT OF $471,000 CON-
SISTING OF A GRANT FROM THE SOUTH FLORIDA 1
EMPLOYMENT AND TRAINING CONSORTIUM (SFETC);
AUTHORIZING THE,, CITY MANAGER .TO •EXECUTE THE
NECESSARY`DOCUMENTS,-IN A FORM ACCEPTABLE"TO
THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER. PROVISION AND A
SEVERABILITY- CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 1.1637. 71
AN ORDINANCE AMENDING -ORDINANCE NO. 11395,
ADOPTED AUGUST 23, 1996,.- AS AMENDED, WHICH
( ESTABLISHED INITIAL RESOURCES AND' INITI LAPPRO-
PRIATIONS FOR SPECIAL REVENUE: FUNS 6GTLE .
VICTIMS OF CRIME ACT,' THEROELYX,IIOCREASING SA
:a7
APPROPRIATION IN THE AMOUNT- F�'$60,00&00, CON-
SISTING OF'A• GRANT FROM THE- Ti TE OF LORID',
OFFICE OF THE ATTORNEY 'GEI�EfjAL; AU RIZIn
THE CITY MANAGER TO ACCEPT-SAfD GRAI�jAND T.O
EXECUTE ANY NECESSARY D6CI14ENTS, IN A FORM'
ACCEPTABLE TO THE CITY ATTORNEY, FOR=HIS. P.UR
�. POSE; CONTAINING A REPEALER ROV(#ION AND
II SEVERABILITY CLAUSE. - - .•;,,.. b' t.,v
ttt " "a -ORDINANCENO •11638
AN `ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED:';!WEED - AND` SEED' ASSET FORFEI-
_: TURE," AND"APPROPRIATING FUND FOR THE- OPERA-
TION OF SAME. IN -A TOTAL AMOUNT OF 1100,000.001
CONSISTING -,OF A GRANT FROM THE U.S. DEPART-
MENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGA-
TION (FBI); AUTHORIZING THE `CITY MANAGER TO
ACCEPT -SAID GRANT AND;TO EXECUTE. THE NECES
7 SARY" DOCUMENTS, IN A FORM ACCEPTABLE -TO THE is
-CITY ATTORNEY, FOR. THIS PURPOSE; CONTAINING A
„�,�;REPEALER PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE NO. 11639
I AN -OR DINANCE .. AMENDING ORDINANCE' .NO. '.10021, -
!, ADOPTED JULY• 18", 1985; AS.AMENDED, WHICH ESTAB-
LISHED INITIAL RESOURCES�AND INITIAL APPROPRIA-
TIONS FOR THE - ENFORCEMENT-' TRUST `FUND;
RECEIVED AND DEPOSITED -PURSUANT TO ORDINANCE .
2 NO. 9257, ADOPTED APRIL 9,. 1981, THEREBY PROVID'.
ING FOR AN INCREASE IN THE AMOUNT OF,$1,174,000.00
FROM MONIES REALIZED; AS•.A.RESULT OF SUCCESS-
.: , FUL FORFEITURE ACTIONS; CONTAINING. A REPEALER
PROVISION AND SEVERABILITY CLAUSE.'
�7_
ORDINANCE NO. 11640
y 'AN ORDINANCE AMENDING SECTION 18-182- OF THE
I' CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: • `AUTHORITY TO SELL,' TO INCLUDE THE
REQUIREMENT THAT ALL CONVEYANCES OF REAL
PROPERTY BY THE'CITY OF MIAMI SHALL BE SUBJECT . .
TO A DEED RESTRICTION THAT REQUIRES GRANTEES
WHO ARE " LEGALLY IMMUNE. OR EXEMPT FROM.
TAXATION TO PAY TO THE CITY AN ANNUAL MUNICIPAL
SERVICE PAYMENT IN AN .AMOUNT EQUAL TO WHAT
THE CITY WOULD RECEIVE IN AD VALOREM .TAXES;
FURTHER'PROVIDING FOR, A _WAIVER OF SAID REQ-
UIREMENT; CONTAINING A REPEALER- PROVISION AND
CA SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO �•
AN ORDINANCE,' WITH ATTACHMENT(S) APPROVING
` CREATION OF THE 'FAIRHAVEN ROVING SECURITY
f GUARD SPECIAL TAXING DISTRICT' BY MIAMI-DADE
COUNTY FOR THE FAIRHAVEN NEIGHBORHOOD, MIAMI,
FLORIDA, FOR THE PURPOSE OF PROVIDING ROVING
POLICE PATROL SERVICE, SUBJECT TO COMPLIANCE
I ' . WITH APPLICABLE CITY OF MIAMI ;AND MIAMI-DADE
COUNTY REQUIREMENTS; APPROVING NECESSARY EX--
PENDITURES FOR SAID .ROVING OFF -DUTY POLICE
I PATROL SERVICE; REQUIRING REIMBURSEMENT FOR
ALL EXPENDITURES; REQUIRING EXECUTION OF INTER -
LOCAL, AGREEMENT, IN. SUBSTANTIALLY —THE FORM
ATTACHED HERETO, BETWEEN THE CITY AND MIAMI-
DADE COUNTY; CONTAINING A REPEALER PROVISION;
SEVERABILITY . CLAUSE: AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 11642
AN ORDINANCE AMENDING SECTIONS 2-38 AND 2-34 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO PROVIDE THAT ANY COMMISSIONER
WHO SO. DESIRES MAY BE A SIGNATORY ON CITY OF I
MIAMI PROCLAMATIONS,; AND FURTHER PROVIDING -�
FOR A CEREMONIAL HEAD OF CITY GOVERNMENT _IN 1
THE EVENT. OF A' VACANCY IN: THE POSITION OF
MAYOR; CONTAINING A REPEALER PROVISION AND -A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE.NO. 11643
AN ORDINANCE ESTABLISHING FOUR •(4) NEW SPECIAL
REVENUE FUNDS UNDER THE FOUR TITLES' LISTED
i BELOW AND APPROPRIATING FUNDS FOR THE OPERA-
TION OF EACH OF THE FOUR (4) NEW. SPECIAL REVE-
NUE FUNDS IN THE AMOUNTS SPECIFIED AS
COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY I
I FOURTH YEAR) - $12,655,000, HOME INVESTMENT PART-
NERSHIP (HOME) GRANT - $4,520,000;. EMERGENCY _. .
SHELTER GRANT (ESG) "$501,000; AND HOUSING:,OP-,.'.
PORTUNITIES••'FOR PERSONS WITH.•.AIDS (HOPWA')
GRANT - $7,732,000; AS .APPROVED-BY-THE'U:S.'DEP-
ARTMENT •OF HOUSING AND . URBAN .DEVELOPMENT/
(HUD); FURTHER APPROPRIATING THE - SUM. OF
$3,000,000•. FROM COMMUNITY DEVELOPMENT `BLOCK,
GRANT (CDBG) PROGRAM INCOME TO BE -ALLOCATED
AS FOLLOWS: $1.5 MILLION FOR -THE HOUSING REHA-
BILITATION LOAN PROGRAM; $1*A4 MILLION FOR MIAMI ;
CAPITAL DEVELOPMENT INC. REVOLVING LOAN FUND
PROGRAM AND $100,000 FOR" BUILDING' DEMOLITION
i ACTIVITIES; FURTHER APPROPRIATING THE SUM OF
$200,000 FROM ESTIMATED -;HOME PROGRAM INCOME
FOR A TOTAL APPROPRIATION' OF $28,608,000; CON-.:
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
^� ORDINANCE NO' 41644'
II AN ORDINANCE• "APPROVING THE CREATION OF A
SPECIAL TAXING DISTRICT BY MIAMI-DADS COUNTY
I FOR THE ENTRADA NEIGHBORHOOD', MIAMI; FLORIDA,
FOR THE PURPOSE ,OF PROVIDING 24-HOUR. STATION
ARY SECURITY GUARD SERVICE AND INTERIM ROVING,
POLICE PATROL SERVICE; SUBJECT TO COMPLIANCE
. WITH APPLICABLE CITY. OF MIAMI AND• MIAMI-DADE '
COUNTY REQUIREMENTS; APPROVING CONSTRUCTION .
OF ONE GUARD HOUSE FACILITY, GATES; ONE STREET
I . CLOSURE, RECONSTRUCTION OF MATHESON AVENUE,
. RIGHT-OF-WAY ACQUISITION -AND `RECONSTRUCTION I
OF WEST DRIVE, DEMOLITION, OF A TENNIS COURT,
I INSTALLATION AND OPERATION 'QF TRAFFIC -CONTROL "
DEVICES;. AUTHORIZING.:'AND "'APPROPRIATING._. AN •-
AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-EIGHT_
THOUSAND DOLLARS ($168,000) FOR SAID .CAPITAL i
IMPROVEMENTS,'_ AND ADDITIONAL EXPENDITURES
FOR ROVING POLICE PATROL SERVICE; REQUIRING
REIMBURSEMENT FOR ALL EXPENDITURES; PROVIDING l
FOR TITLE, INSURANCE AND"GUARD HOUSE LOCATION;
.REQUIRING AN INTERLOCAL AGREEMENT; CONTAINING
A REPEALER PROVISION; SEVERABIL'ITY CLAUSE, AND. i
PROVIDING'FOR'AN'EFFECTIVE DATE. "
ORDINANCEWO. 11645 I
AN. EMERGENCY ORDINANCE -AMENDING 'SECTION 2-
1013(a) OF THE CODE ORTHE CITY OF MIAMI, FLORIDA,
AS- AMENDED, TO DESIGNATE THE MAYOR AS A VOT=
ING MEMBER 'OFT.THE`'MIi4M1"SPORTS'AND EXHIBITION 1
AUTHORITY; CONTAINING A REPEALER PROVISION AND,.
' A `SEVERABILITY CLAUSE PROVIDING FOR ANEFFEC-_
TIVE DATE
i• "
Said ordinances may be inspected by the public at the Office of the
City Clerk, 3500 Pan American Drive Miami, --Florida,. Monday through"
Friday;.excludmg holidays, between,the hours of;8•a.m.;and5 p.m,-
1- L�S1 OF "
WALTER J FOEMAN
"CITY.CLERK
- 9QE '• PLOP
i (#4788) -
4/21 ----- — __ _ �,_98_4042150M.,
•
0
R E E
.98 API, -7 P3 :00
; [ �1 i s i Ah'
r;,
CITY 1,K„
FL
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached Copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORD. APPROVING CREATION OF THE
"FAIRHAVEN ROVING SECURITY
GUARD SPECIAL TAXING DISTRICT"
inthe ...................... YXXXy_XX................................ Court,
was published in said newspaper in the issues of
Apr 3, 1998
Afffant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of.advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any discount, rebate, commission o refu for the purpose
of secur" this aclvertlsemenojjiatiicatfpn in the said
bw,arn t nd subseri bef a this
3 A 98
.....do of. .... ........................ D. 19......
I O�PnY p&L L
�<i J NE LLERENA
2 1119
I5.YnMISSION NUMBER
m VreQersonallji�cno6yvyvDdQr$e.
`C1F`o�0 My COMM�ION JUNE23 20010ES
• a.■ ■rr yr mxwMti� rLVlf�YA - -_
•NOTICE OF PROPOSED ORDINANCES
Notice is hereby.given that .the City.Commission of .the City. of,
Miami, Florida, will consider the following ordinances on second and..
final reading on April 14, 1998,;commencing at 1 :00 a.m., in the Cityz
Commission Chambers, 3500 Pan American Drive; Miami,.Florida:
ORDINANCE NO:
AN'ORDINANCE'ESTABLISHING FOUR (4) NEW SPECIAL,
REVENUE FUNDS UNDER'THE F.OUR,TITLES LISTED BE-;
LOW .AND APPROPRIATING FUNDS FOR THE OPERA=
TION OF EACH OF THE FOUR (4) NEW SPECIAL REVS--
NUE FUNDS IN THE,4MOUNTS SPECIFIED AS FOLLOWS:
COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY
FOURTH YEAR) - $12,655,000, HOME INVESTMENT
PARTNERSHIP '(HOME) -GRANT - $4,520,000; EMIER-
GENCYSHELTER GRANT (ESG) $501,000; AND HOUSING.
OPPORTUNITIES FOR `PERSONS WITH 'AIDS (HOPWA)'
GRANT-'$7,732,000;' AS •APPROVED • BY THE -U.S: DE- '
PARTMENT OF. HOUSING. AND URBAN DEVELOPMENT
(HUD); FURTHER APPROPRIATING. THE SUM OF
$3,000,000 FROM COMMUNITY. DEVELOPMENT, BLOCK
GRANT ;(CDBG) PROGRAM INCOME TO BE ALLOCATED ,
AS; FOLLOWS: $1.5 MILLION FOR THE HOUSING REHA=•
BILITATION LOAN PROGRAM;. $1.4 MILLION FOR`MIAMi
CAPITAL -DEVELOPMENT INC. REVOLVING LOAN= FUND .
PROGRAM AND $100,000 FOR BUILDING DEMOLITION
ACTIVITIES; FURTHER APPROPRIATING THE SUM OF =-T •;
$260,000 FROM ESTIMATED HOME PROGRAM'INCOME I
FOR A_•TOTAL APPROPRIATION OF $28,608,000;. CON-
TAINING'A REPEALER; PROVISION AND A SEVERABILITY,
CLAUSE:
ORDINANCE NO. '
AN ORDINANCE AMENDING ORDINANCE NO. A M9.5; • "-
ADOPTED AUGUST 23, 1996; AS AMENDED;• WHICH ES-
TABLISHED- INITIAL RESOURCES AND'INITIAL`APPRO- %-,
i PRIATIONS FOR A SPECIAL,REVENUEfUND ENTITLED:
' "VICTIMS7OR CRIME'. ACT,"THEREBY, INCREASING SAID; ;
APPROPRIATION IN THE AMOUNT OF: $60,000, CONSIST -
I,
NG OF A GRANT.FROM THE.STATE OF FLORIDA,.OF-
FICE OF THE' ATTORNEY GENERAL; AUTHORIZING THE i
CITY MANAGER'TO ACCEPT SAID GRANT, AND. TO EXE
CUTE.AN.Y NECESSARY -DOCUMENTS, ft A FORM AC-
CEPTABLE TO THE _CITY ATTORNEY, FORS THIS PUR-
POSE; CONTAINING A REPEALER PROVISION AND SEV- '
' ERABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE. ESTABLISHING- A SPECIAL REVENUE
FUND ,ENTITLED: -WEED AND SEED 'ASSET. FORFEI-•
TURF;=AND APPROPRIATING FUNDS,FOR THE OPERA
TION 6F SAME 1N A TOTAL AMOUNT; OF $100,000, ,CON-
= SISTING•OF A:GRANT-FROM:.THE U.S. DEPARTMENT OF•.., !:
'.JUSTICE; FEDERAL BUREAU -OF: INVESTIGATION (FBI);
AUTHORIZING THE CITY • MANAGER TO 'ACCEPT SAID
GRANT- AND TO EXECUTE, THE NECESSARY' DOCU=" '
MENTS,,IN A FORM ACCEPTABLE TO THE'CITY ATTOR-
NEY, FOR'THIS PURPOSE;:. CONTAINING A REPEALER
PROVISION AND.SEVERABILITY CLAUSE:
_ ORDINANCE:Nb.' j
AN ORDINANCE AMENDING ORDINANCE NO.=10021, .
,. -ADOPTED DULY 18, 1985, AS AMENDED,.WHICH ESTAB-
LISHED INITIAL RESOURCES, AND INITIAL, APPROPRIA-
TIONS FOR THE LAW ENFORCEMENT TRUST FUND
CEIVED AND DEPOSITED' PURSUANT To. ORDINANCE ,_ 4.
NO. 9257,•ADOPTED APRIU'A, 1981;,THEREBY-PROVID-
I ING FOR AN„ INCREASE.IN THE AMOUNT'OF,.$Y;174,t)D0;
j FROM MONIES REALIZED AS A RESULT OF SUCCESS
FUL FORFEITURE, ACTIONS; CONTAINING A REPEALER,
V, PROVISION AND SEVERABILITY CLAUSE
-ORDINANCE NO.,
AN ORDINANCE AMENDING SECTION 18-18 * 2 OF -THE
CODE OF THE-CITY.OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED:
D: "AUTHORITY TO SELL;'`TO INCLUDE' THE
REQUIREMENTTHAT ALL, -CONVEYANCES .OF REAL`.
PROPERTY BY. THE CITY OF.MIAMI SHALL .BE,SUBJECT
TO A DEED -RESTRICTION THAT REQUIRES GRANTEES
WHO ARE LEGALLY IMMUNE OR EXEMPT FROM. TAXA-,
T 014 TOPAY TO THE CITY AN ANNUAL -MUNICIPALj,
ENT: IN AN AMOUNT EQUAL TO. WHAT
VALOREM TAXES
CITY WOULD RECEIVE IN AD V
CONTAINING A REPEALER PROVISION AND,A SEVER-.
ABILITY. CLAUSE; AND PROVIDING -FOR AN- EFFECTIVE
DATE.
ORDINANCE NO.*
AN - ORDINANCE REGULATING THE PLACEMENT OF
NEWSRACKS IN PUBLIC RIGHTS -OF -WAY IN THE CITY.
OF MIAMI BY REPEALING EXISTING. ARTICLE ' VII OF
CHAPTER 54 OF THE CITY CODE OF THE CITY OF MI-
AMI; FLORIDA, AS 'AMENDED, 'PERTAINING TO. SUCH
AND SUBSTITUTING, IN LIEU THEREOF, A-
NEW ARTICLE VII IMPOSING SAFETY AND AESTHETIC
RESTRICTIONS RE1_ATED,THJffRETO; PROVIDING FOR
I... -.'PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR
NEWSPACK CERTIFICATION PROCEDURES AND. FEES;..
REQUIRING INSURANCE AND INDEMNIFICATION;:. -gS--,,
TABLISHING STANDARDS FOR OPERATIONS,- PLACE-
MENT'AND INSTALLATION OF.NEWSRACKS; PROM.I.-
FOR ENFORCEMENT AND APPEALS; MORE' PARTICU-
LARLY BY REPEALINGSECTIONS 54-261 THROUGH-54-
269 AND SUBSTITUTING t NEW SECTIONS - 54-261-
Tr* -THROUGH 54,273;PROVIDING DIRECTIQNS. .FOR
h. TRANSMITTAL OF COPIES OF THIS ORDINANCE: CON-
TAININGA REPEALER PROVISION ANDA SEVERABILITY
CLAUSE- AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE No.
AN bRDI'NANCE,, APPROVING
ROVING THE -CREATION OF.IA
SPECIAL -'TAXING DISTRICT BY MIAMI-DADE.-COUNTy-
FOR THE -ENTRADA NEIGHBORHOOD, MIAMI, FLORIDA,
FOR THE PURPOSE OF_PROVIDING24- HOUR STATION-
ARY SECURITY GUARD SERVICE AND INTERIM ROVING
POLICE PATROL SERVICE; SUBJECT -TO COMPLIANCE
WITH' APPLICABLE CITY OF MIAMI AND -MIAMI-DAbE
COUNTY -REQUIREMENTS;. APPROVING CONSTRUCTION
OF ONE GUARD HOUSE FACILITY, GATES, ONE STREET
CLOSURE RECONSTRUCTION OF -MATHESON. AVENUE,
RIGHT-OF-WAY. ACQUISITION AND RECONSTRUCTION
OF WEST DRIVE,DEMOLITION OF A -TENNIS COURT, iN=-
'STAILLATION-AND OPERATION OF TRAFFIC CONTROL
DEVICES;' AUTHORIZING AND APPROPRIATING "AA
AMOUNT. NOT -TO EXCEED ONE HUNDRED SIXTY-EIGHT
THOUSAND DOLLARS
,($168,000) FOR SAID CAPITAOM-'-_.',
- PROVEMENTS, AND.ADDITIONALEXPENDITURES FOR
ROVING - POLICE PATROL SERVICE; REQUIRING REIM=
BURSEMENT-FOR'ALL_ EXPENDITURES; PROVIDINd'FOR
TITLE, INSURANCE' AND GUARD HOUSE LOCATION; RE--.
'QUIRING ANINTERLOCAL AGREEMENT;. PONTAININ * G A
REPEALER PROVISION AND SEVERABILITY CLAUSE,
AND PROVIDING FOR , AN. EFFECTIVE PATE.
ORDINANCE NO.
AN ORDINANCE. �WITH ATTACHMENT(g) .,APPROVING
I r -CREATION, OF THE *FAIRHAVEN ROVING SECURITY
:GUARD, SPECIAL TAXING DISTRICT' BY MIAMI-DADE'-..-
-,-
COUNTY FOR THE FAIRHAVEN NEIGHBORHOOD, -MIAMI�!'
ti FLORIDA, FOR THE- PU - R06SE - 6 F' PROVIDING.ROVING
POLICE PATROL SERVICE; SUBJECT TO' COMPLIANCE
WITH APPLICABLE CITY . OF - MIAMI AND MIAMI-bADE;
,,COUNTY . REQUIREMENTS;
ENTS; APPROVING;, NECESSARY
EXPENDITURES FOR, SAID ROVING OFE-DUTY'POLICE
PATROL SERVICE;'REQUIRING 'RE.
1 ALL EXPENDITURES- REQUIRING' EXECUTION OF IN-
TERLOCAL AGREEMENT IN SUBSTANTIALLY- THE -FORM fi
-ATTACHED, HERETO, :BETWEEN .7HE CITY AND MIAMI-
DADE COUNTY; CONTAINING A,REPEALER PROVISION,
17 AND.PROVIDING FOR AN EF-
A SEVERABILI
FEbTIVE DATE"
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS-2-33 AND 2-34.OF
THE _CODE OF THE CITY 'OF MIAMI, 'FLORIDA, AS
AMENDED, TO PROVIDE. THAT ANY COMMISSIONER
WHO SO DESIRES MAY -BE A SIGNATORY ON CITY OF
.'-MIAMI , PROCLAMATIONS, AND . FURTHER. PROVIDING
FOR A CEREMONIAL HEAD OF CITY GOVERNMENT IN -
THE EVENT -OF A - VA ' VACANCY -IN THE POSITION OF
'MAYOR; CONTAINING ,A REPEALER PROVISION AND A,
SEVERABILITY QLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.,' -
Saw proposed -ordinances may be inspected bythe public,10 at
-
Office of the City Clerk, 3500 Pan American' Drive, Miami, F r
Monday through Friday, excluding holidays, between the. hours i
'im.,ind!Sp.m.
-Alf interested persons may appear at the meeting and be heard
respect to the proposed. ordinances. Should -,any' person desin
.appeal any decisloh.of the City Commission with respect to any mi
to lie considered. at.
-this meeting, that person shall ensurs.'th'i
'
verbatim record of the proceedings is made including all testimony
evidence upon which any appeal may be based..
WALTER J. FOEMAN
CITY CLERK
98-4-0403
co
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