HomeMy WebLinkAboutO-11342J-96-115
2/29/96 11342
ORDINANCE N0.
AN ORDINANCE, WITH ATTACHMENT (S), APPROVING CREATION
OF A SPECIAL TAXING DISTRICT BY METROPOLITAN DADE
COUNTY FOR FOUR WAY LODGE ESTATES, MIAMI, FLORIDA, FOR
THE PURPOSE OF PROVIDING TWENTY-FOUR HOUR STATIONARY
SECURITY GUARD SERVICE AND INTERIM ROVING GUARD
SERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF
MIAMI AND METROPOLITAN DADE COUNTY REQUIREMENTS;
APPROVING CONSTRUCTION OF A GUARD HOUSE FACILITY,
INSTALLATION AND OPERATION OF TRAFFIC CONTROL DEVICES,
AND AUTHORIZING AND APPROPRIATING AN AMOUNT NOT TO
EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000) FOR
SAID CAPITAL IMPROVEMENTS, AND ADDITIONAL EXPENDITURES
FOR INTERIM ROVING GUARD SERVICE; REQUIRING
REIMBURSEMENT FOR ALL EXPENDITURES; PROVIDING FOR
TITLE, INSURANCE AND GUARD HOUSE LOCATION; 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 residing in Four Way Lodge
Estates petitioned Dade County, under Chapter XVIII of the Metropolitan Dade
County Code, to create a Special Taxing District to provide Stationary
Security Guard Service for Four Way Lodge Estates; and
WHEREAS, the Four Way Lodge Homeowners Association has requested the
approval of the Miami City Commission for Metropolitan Dade County to hold a
referendum vote of the residents of Four Way Lodge Estates, at no expense to
the City of Miami, to determine whether a Special Taxing District should be
created in Four Way Lodge Estates; 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 Four Way Lodge Estates, in
AiTACNhlEIRi (5)
CONTAINED
particular, to allow Metropolitan 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 by Dade County for
Four Way Lodge Estates, Miami, Florida, in accordance with Chapter XVIII of
the Metropolitan 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 interim Roving Guard Service, 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 alia,
require the execution of an interlocal agreement, in substantially the form
attached hereto as "Exhibit All 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 a Guard House, including the necessary road
improvements, water, sewer, electrical and telephone connections, concrete
pads, sidewalk, curbing and required drainage improvements, and signing and
striping, as required by the Director of the Dade County Public Works
Department, to ensure the safe operation of said facility in the public right-
of-way.
2
11342
Section 4 Upon the referendum approval of this Special Taxing
District by the affected residents, and subject to the inclusion of a specific
provision in the Interlocal Agreement between the City and Dade County
providing for reimbursement to the City of expenses incurred, the City shall
provide a roving security guard service, comprised of off -duty police officers
in marked patrol vehicles, during the interim period between an affirmative
vote of the residents leading to the establishment of the Four Way Lodge
Estate Security Guard Special Taxing District, and the construction of a
guardhouse and gate for said district by the City.
Section 5. Upon the de lure creation of the subject Special Taxing
District, the City Manager is hereby authorized to expend an amount, not to
exceed, One Hundred Thousand Dollars ($100,000), 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 interim roving guard service
described herein.
Section 7. Title of the Guard House facility shall remain with the City
or its assignee and said facility 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.
Section 8. The Guard House facility herein approved to be constructed
will be located within the public right-of-way located approximately one
hundred (100) feet east of the center line of Main Highway on Poinciana
Avenue.
3
1 1 -34
Section 9. 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 10. 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 11. All approvals and authorizations herein granted are hereby
further conditioned upon and subject to the affirmative vote of the residents
of Four Way Lodge Estates, in an election to be conducted according to
Metropolitan Dade County Code, and further, subject to the approval of the
Dade County Board of Commissioners.
Section 12. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are hereby
repealed.
Section 13. If any section, part of section, paragraph, clause, phrase,
or word of this Ordinance is declared invalid, the remaining provisions of
this Ordinance shall not be affected.
Section 14. This Ordinance shall become effective thirty (30) days after
final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
January , 1996.
4
11342
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this
29th day of February, 1996.
ATTEST:
WALTER J.(PdEMAN
CITY CLERK
CAPITAL IMPROVEMENTS REVIEW:
&4
WALDEMAR LEE
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
EL E. MAXWELL
EPUTY CITY AUT�RNEY
JEM:mis:Wl03
�06
STEPH P. CLERK, MAYOR
FINANCIAL AND BUDGETARY REVIEW:
S. SURANA
ASSISTANT Y MANAGER
APPROVED AS TO FORM
AND CORRECT SS:
A. Q J III
CITY ATTO
5
11342
• SENT BY: 1-24-96 ; 5:09P%1 ; PLBL1C WORKS/�' °N.� 3055793399;x 2/ I
INTERLOCAL AGREEMENT
-• BY AND BETWEEN DADE COUNTY, FLORIDA AND THE
CITY OF MIAMI FOR GUARDHOUSE CONSTRUCTION AND ASSOCIATED
IMPROVEMENTS FOUR -MAY LODGE
SECURITY GUARD SPECIAL TAXING DISTRICT.
THIS INTERLOCAL AGREEMENT, made and entered into this
day of , 1996, 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
WHEREAS. SECTION 163.01, Florida Statutes (1993) and the
Metropolitan Dade County Home Rule Charter, ds amended, permit the
COUNTY, and the CITY to enter into interlocal agreements; and
WHEREAS, the City Commission of the CITY passed and adopted on
January 25, 1996, Ordinance No. , approving the creation of
the FOUR-WAY LODGE SECURITY GUARD SPECIAL TAXING DISTRICT; and
WHEREAS, the Board of County Commissioners, by the adoption of
Ordinance No. on , created the FOUR -
MAY LODGE 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 Home Rule Charter; and
WHEREAS, the district was approved on , by
a majority vote of qualified electors residing within the
district; and
WHEREAS, the Board of County Commissioners, passed and adopted
on , Ordinance No. authorizing the
County Manager to enter into this Interlocal Agreement with the
CITY to provide the capital improvements for the district.
WHEREAS, the parties hureto, for the consideration herein as
set forth mutually agree as follows:
1. The CITY shall design, construct and install or cduse to
be designed, constructed and installed, for the subject district
all capital improvement; necessary to provide a guardhouse,
including the necessary road improvements, water, sewer,
electrical and telephone connections, conduit for traffic control
devices, concrete pads, sidewalk, curbing and required drainage
improvements, fencing, and signing and striping as required by the
Director of the Metropolitan Dade County Public Works Department
to ensure the safe operation of said facility in the public-riyht-
of-way.
No et : V,• S 4j Are Av) a Ar 4 /io k s 7/ A.0 Cw ^e y w, fly
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R/o. ))21/1/ '4444 .,� . 11342
SENT BY
1-24-96 ; 5:10PM ; PLBLIC WORKS/ADMIN.- 3055793399;* 4f 4
IN WITNESS WHEREOF, the parties heretu have caused this
instrument and an exact duplicate proof hereof to be executed the
day and year first above written.
CITY OF MIAMI,
FLORIDA
CITY MANAGER
ATTEST:
CITY CLERK
(SEAL)
APPROVED as to Legal Form.
CITY ATTORNEY
METROPOLITAN DADE COUNTY,
BY its Board of County
Commissioners,
COUNTY MANAGER
DEPUTY CLERK
0
11342
SE�7 BY: 1-24-96 ; 5:09PM ; PLBLIC WORKS/ADMIN. 3055793399;* 3/ 4
2. That the guardhouse facilities and ancillary improvements
herein approved to be constructed shall be located within the
public right-of-way of Poinciana Avenue located east of Main
Highway as shown on the attached exhibit entitled "Exhibit A".
3. That the COUNTY shall be responsible for installing and
operating traffic control devices (gates). The installation and
operation of the devices shall be in accord with provisions set
forth in a Permit to be executed between the CITY and the
Metropolitan Dade County Public Works Department.
4. The COUNTY shall reimburse the CITY fur all costs of
labor, mdLerials andsupplies necessary to provide the capital
improvements described herein. Total cost not to exceed $100,000.
5. That title to the Poinciana Avenue guardhouse facility
shall remain with the CITY or its assignee. The facility shall be
leased in perpetuity to the COUNTY for $10.00 per annum until such
time as the district is legally abolished.
6. The CITY shall submit to COUNTY invoices based on the
percentage of construction completed for costs incurred as a
result of construction actives specified in Section 4. The County
agrees to pay for the costs of the related construction within 30
days of receipt of invoices based upon the following pay schedule:
Initial invoice will be 25Z for start-up and design fees.
Remaining invoices will be submitted monthly based on
payments made to contractor.
final invoice will include final contractor payment plus
inspection and project management fees; total invoices nut
to exceed $100,000.
Upon completion of construction, the COUNTY, from special
assessments collected from the District, will pay in full to the
limit specified in Section 4 all cost incurred by the CITY within
30 days of receipt of an itemized final invoice.
7. CITY agrees to indemnify and hold the COUNTY harmless from
any and all claims, suits, actions, damages, or causes of action
arising during the term of this Agreement for any personal injury,
loss of life, or damage to property sustained in or on the area
subject to this Agreement by reasons of or as a result of the acts
or negligence of the CITY and /or its employees, contractors or
subcontractors.
11342
SENT BY: 2-14-36 ; 3:22PM ; PUBLIC WORKS/ADMIN.
dubd btsi NI,; 1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
-�' Honourable Maynr and Members
of the City Commission
FROM
VAq io
Cit r
RECOMMENDATION
53
DATE FILE
FEB 2 0 Iggq
su�,Ec:i ordinance Amending
Chapter 54 of the
Miami City Cndn
n_r�nrNc�e .
[N(;LOSURES
It is rorpoctfully recommended that the. Miami City Commission
enar-t.t-he attached ordinance amending Chapter 54 of the Miami City
Code which provides for the establishment of the Four -Way Lodge
Security Guard Special Taxing District and guardhouse construction
within the right of way of Pc311c1ana Avenue provided that said
d1wUlc t is approved by a majority of qualified olectorR rpftidi..ng
within the district in an PIRc-tion conducted by Dade County.
BACKGROUND
A number of residents along Poinciana Avenue bctwcon Main Highway
and Biscayne Bay have petitioned Metropolitan facie County for the
creation of a Security Guard Special Taxinq District and to hold
an election of qualified voters residing within said district..
Poinciana Avenue is presently the only access point for the
proposed diaLriet and the logical location for a guardhouse.
Undar Dade County requirements, the city will be responsible for
ronat.ruction of the guardhouse and providing all utility service
to the facility itself. The City would then be reimbursed by the
County through service collections from the residents within Lhe
district. tatimated cost for Lhe guardhouse and appurtenancos is
$100,000.00
An interlocal agreement must also be executed by the City and
County outlining the responsibilities of each party, inciuding the
guardhouse construction reimbursement st;liedulu La the City.
113-112
O ate. ..,.-, .. 111 PLWIC6."TH APPLICABLE CITY OF MiIG1hNAM`METRO-
PQLITAjt - COUNTY REQUIREMENTS; =ltfrllN!lDVIMK3
.OF A GUARD HIM FAC1t IM. ";NISI'AL-
191 TION OF TRAFFIC CANT bEVICES,
All inMd'p8rsorls.wll take "ndios'flaW} 11tRt-it• AND NG AND. APPRDPRtATIN� Afi1p1INT NOT
ae1r:, tt186,1hwClyCommission of M isn* Floridity a0tlpwpd ihF fQNowYrg' p( kI�Nr1D D THOf�iUND 0O LM""DIWO)
MIAMI DAII I At "NriPjlOVQdENTS, AND ADDITIONAL
Published Dr "fOR Ir1TEI RWING,A
NO,: REOU 4mmrseIENT FOR Am ove %I nut.
Miar ANEMIERIMiNK'Y# COR flUl401Il`TTTL "®U'f1mdDE
FIANCE 10..t tiX , AS t1I1MG' ti T A. LOCATION REQUIRING EXECUTION OF INTERLOCAL
STATE OF FLORIDA ; iMj °SilNh liliTIALLY THE POW, ffTACHED
COUNTY OF DADE: -
PLANNING AND -, COf3RDINATK*,' BY CITY AND METAL lTAN WIDE
Before the underr FUNDS Ctitli�il'iK; ANING A 'REPEALER P.ROVIS1004 SEVER,
Octelma V. Ferbeyr + TI+E•LITAN 1N#?1f CLAUSE, AND PROVIDING FOR AN THE
Supervisor, Legal f 0 1i+IfZ�lT 1 MATHE ,ARAM '0 IIfAT$. —
Review Vk/a Miami Rt AREA AND. >iD. 80 AB' ME, - �'B'
and Legal Holidays) r UKYC*" `FLIMlD6 TO BE USED FOR THE ORDllitl ;NO,,1,1343
County, Florida; tha PClRTION Of. TME. ,; CHI1hTER S OF THE CODE OF.
being a Legal Advertl PLANNING '"STUDY; ,FURTHER LNG THE CITY 1W Off(I<F�MUM1 PLOFIDA, AS AAWNDED. T1� WV.IDE
,$AID, �MlD �E ALL i R,"VESl RAT70NS APPL�Ii4DIt *WV111E MIA-
MQUIRED DOCUA I*M, IN A FORM At�'TiAKE TO THE f;j 5k `P'ARft%LARLY EY M SECTIONS
CITY OF M "ON ATTORNEY; CONTAINING A REPEALER: PROVISION S8 3t) AA0 $)ftAND ADDING NEW SECTION 11"I TO SAID
ORDINANCE ; AND ASEV10RABILITYCLAUSE. CODE; 4)01 WG A _REPEALM PROVISIl^ MVER-
>ABWIlY CIA , AND PROVIDING FOR AN
(P.O. # 4 C FUND B17TItEp 'CLANG REDI)CTIOFI
Cit1dN11iliCE N0.11134�1
in the ....................... 51't?RTS PRO "i �F 'AO A� � AN OR61Ni :FNIATIM TO FEE C^A)LATONS FOR
was published in salt MR THE OPERATtOM $AMIE' Rd "�, OF '���" NG'ARTICI EV1 AND
;178,136 CONSISTING OF, WIAiT FROM A POLITAN Pt/ItI" Fe OF CHAPTER 82 OF 11* CI� BY
Mar 15, 1 TPADE COUNTY; AUTHORIZING THE C17Y MAft TO C�ANGt�I(3 TEXT OF SECTION;82�I (3) TO"� A6LISH
E)IECULE THE NECESSARY, FORM il! .9R THE CALCULATION:OFSAIi.F E$ FOR
AOCEPTABLE TO THE CITY AT'TO Y, TO ACCEPT SQD FOR ONE sTRfiL`T IE; ICONTANNNG
GRAN ; CONTAINING A REPEALER` PROVWON' ^ AND A, A Q _ iM0Y1810M1 AND A SEVEA/1811 tfY CLAUSE;
SEVERASK I7Y CLAUSE. AM PROVIDING FOR AN. EFFECTIVE DATt.
Attiant further as
Review is a newsy . OAIDEMANN�'lNO.T/3W ORDIIAl1C,NO,11348
County, Florida, and AN"OAD1NANCE AMENDING THE CITY CODE REiJ1TED TO AN ORDINANCE P43AIING TO FEE PAVMWM-. AMENDING
been continuously P THE . CITY OF. MIAMI GENERAL I EMKOY6W AND TICLE VtZONING AND PLANNING FPS,' OF CHAPTER 62 .
each day (except Sat SAIWTATM EMPLOYEES` RETIREMENT -`['RUST; .11108E ( THE CITY CODE BY ADDING A NBNf SECTM 62-63
has been entered at Y". .. ,. aA84 ,T ? PROVIDING FOR THE PARTIAL DEFEt#MENT `OF CERTAIN
office in Miami in sei " " ,THAT CERTAIN EMPLOYEES HIED AFTER MAP FEES ASSOCIATED WITH AN APPLICATION FOR AND
3ki 31, 1896
one year next precec 'iHE CITY OF _ MIAMa d1 iA1 ISSUANCE OF A MAJOR USE SPECIAL ' PERMIT- FOR
copy of advertisemei .: EMPLOYEES' AND SANITATION DES' RETIREMENT
neither paid nor pro ' DEVELOPMENT ACTIVITY IN A •DULY :DESIGNATED CITY
any disCoun bate TFnJST;�,�8E4N6T'O-PROVIDE FOEVEF.OPMIENT DISTRICT; CONTAINING A' REPEALER
of securi this ad, FOR SETitflCE7l R=' AST � BUY- PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING
newspa r. BACK' ALAYMAEN� ✓OF ANYrAlNapNG"'*1ST FOR AN EFFECTIVE DATE.
�IC FUND ACCOUNT Ai .IO; FOR, 1WWAIN- EMPLOYEES;
CONTAINING A /tLER PROVISION AND A S RABILITY ORDNANCE NO.11340
CLAUSE; PR NIaiiiiR'A#OVECTIVItOAT£. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
............................... Ni1ANG SSiCTION 9D62; 'SEPARATION OF. RESIDENTIAL- INIINICE N0.1I34t AND NOWAMOOffiAL. USES,' A10, SECT.KW - -SM-8,
AN ORDINANCE :. I10 T11tO* SPECIAL REVENUE 'FfiNCEStW%.,LS' AND HEPQES,' 410 AM JR WAXATIONS -
FUNDS, AS PC3( t*WS, AND APPAOPAUATING FUNDS FOR PeRIAINI1G TO tW FINISHING OF, W 0* SIDES
15 y.........� � p M" RARE NDWESIQENTiIIIL I LDPM
........de� T NEW ENT
f06', IN THE AMOUNT OF 32, ,CNOb, AND PLAZA Tip THE RIMARIM PRIW30 THE
OF WOW.
. i`.Olgt1► A,
........ .... R�. 1gSQt I tTF ' /1►9 `` 13Y } PROVISION AND A SEVERABLITYtL110ft" DING
P sTiTita
vE DATE
(SEAL) 20 ; Ji
x ? OF �111 IN Gray be inspected by the,pu4�Mc still -9 os d the,.; ,
Octelma v ' CIUMiT/IIM IQ 1► . Ate A {3 1p)�t: 8F94 MMa°Ardedt" Drive #Msnr1, MOn6ay tlrrargh
yid CxISLISE.' 1ItdM�r ArABreEliMtoldAye,d4twden (rota; 1urRz4rtM16p.nr.
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