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Home My WebLink AboutM-92-0425JLN-20-' Sl SHT 14: Si 1 U: NU i = i vim, u, --_ r Center for Labor Research & Studies Florida international University June 20, 1992 Cesar Odio, Manager City of Miami Miami, Florida Dear Mr. Odios As a Trustee of the City of Miami Firefighters' and Police officers' Retirement Trust, I was alarmed by the prospect of accession from the, City of that portion known as the "Grove". Moreover, I read with equal concern the press' discussion of legislative action to assist political reeid viem of this nature. My concern centers on the violation of the concept of equity in the public sector which would result from such an act. Citizens within a political and democratic entity such as the City of Miami have operated under a collective contract that all would pay their fair share of its costs of operation. These costs include not only the current operating budget, but also the long run investments and liabilities incurred collectively. As these obligations were incurred while residents of the Grove were part of the incorporation of Miami, it would be grossly unjust to absolve them from such liabilities by their simple act of voting to become unincorporated or to merge with another city within the county. In fact, were this political withdrawal allowed, market forces would create a destabilizing and destructive chain reaction wherein residents would opt for political affiliation which would reduce their costs. if allowed to leave, they would shift the burden of long run liabilities onto the shoulders of those Miamians still residents of the City. This increased cost for the remaining residents would provide incentive for further Balkanization of what was a single oit . Eventually, this process would lead to public defaults on liabilities, such as bonds, and other obligations such as funding the unfunded liabilities of the city's pension plans. In order to ensure that this search for an easy escape from collective obligations is nipped in the bud, I suggest that the city publish a statement of the exact amount of collectively - incurred obligationa which would remain the property of the section which wishes to socade. This could be accomplished by calculating the percentaga of the ad valorem tax base represented by the area wishing to withdraw from Miami. This proportionate share of all liabilities which have been incurred by the City collectively would then be appropriately assigned to those within the area wishing to secede. This most" of leaving would continue to be incurred until all obligations enacted while they were within the City had been satisfied. University Park, Miami, FLWOO • (305) 348-2371 • FAX: (305) 348.22a1 AIW 92- 425 JU1 I-20-' 92 SAT 14 : 52 I P : TEL 1 A0: ##079 P03, Of course, the community contemplating withdrawal would probably object to such an accounting of their mutually incurred liabilitioo. however, it is the accepted philosophy of the public sector that actions taken by an entity such as Miami are accomplished for residents of today as well an for future generations of taxpayers. In tact this is the most important justification for bond financing by the public sector. With ouch a mechanism, future beneficiaries of public investmanto are expected to pay their fair share of the cost. The justification for funding the unfunded liability of a pension plan over time is based on similar logic. If thews future generations are allowed to shirk thews obligations, collective social utility is severely diminished. Moreover, intergenerational equity would be destroyed. Ploase lot me know if I can assist you in this attempted to maintain equity and rationality in the financial situation of the city. Sincerely, D. Marshall Harry, Ph.D. Director of Applied Research, and Trustee, PIPO 92- 425 06'23'92 3-2:56 %P3053752525 H/D E _ -LM R X 0 R A N D U N Amended Aa@rda Item Ho. 5 (a) (9 ) To: Non. Mayor and Members Date: June 16, 1992 Board of County Commissioners Subject: Resolution calling special election relating to method of separating from a municipality From: Robert A. Ginsburg Dade County Attorney R#742-92 The attached resolution is placed on the agenda at the request of Mayor Stephen P. Clark and Commissioners Mary Collins, Charles Dusseau, Larry Hawkins, Harvey Ruvin and Arthur E. Toole, Jr. Robert A. Ginsbur Dade County Attorney RAG/rk Attachment . r • :J 92- 425 06'2342 12:57 C3053752525 MiD Qj002 = Amended Agenda Item No. 5tg)(9) - ' 6-16-92 RESOLUTION NO. R-742-92 r RESOLUTION CALLING SPECIAL ELECTION IN DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, SEPTEMBER 1, 1992, FOR THE PURPOSE OF .' SUBMITTING TO THE ELECTORS OF DADE COUNTY THE - QUESTION OF WHETHER THE DADS COUNTY CHARTER SHOULD BE AMENDED TO PROVIDE A METHOD; BY WHICH A GROUP OF REGISTERED VOTERS RESfbING WITHIN A MUNICIPALITY HAVING 50,000 OR, MORE _- REGISTERED VOTERS, MAY VOTE, IN SPECIFIED CIRCUMSTANCES, TO SEPARATE FROM THAT MUNICIPALITY WITHOUT THE CONSENT OF THE MUNICIPAL GOVERNING BODY BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF`DADE COUNTY, FLORIDA: Section 1. A county -wide special election is hereby called and shall be held in Dade County, Florida, on Tuesday, September 1, 1992, for the purpose of submitting to the qualified electors of Dade County, a proposal for amendment to the Home Rule Charter in the form attached hereto and made -al part hereof. gect on-2. Notice of such special election shall be published in accordance with Section 100.342, Florida Statutes 1991. Section 3. The result of such special election shall be determined by a majority of the qualified electors of Dade County voting upon the proposal. The polls at such special election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such special election. All qualified electors of Dade County, Florida, &hall be entitled to vote at said special election. The County registration books shall remain open at the Office of the Dado county Supervisor of Elections until thirty (30) days prior the date of such special election, at which time the a 92- 425 i 06%23: 92 12 : 58 1&3053752525 3T'D Q} 003 Ameed Agenda Item No. 5 Page No. 2 registration books will close in accordance with the provisions of the general election laws. Votomatics shall be used in such special election, and the question shall appear on the votomatic in substantially the following form: VOTERSf ADDITIONAL METHOD OF CHANGING 19J L_BOUNDARIES SHALL S5.04 OF THE!DADE COUNTY CHARTER BE AMENDED TO PROVIDE A METHOD BY WHICH A GROUP OF REGISTERED VOTERS RESIDING WITHIN A MUNICIPALITY HAVING 50,000 OR MORE REGISTERED; VOTERS, -MAY VOTE, IN SPECIFIED CIRCUMSTANCES, TO SEPARATE FROM THAT MUNICIPALITY WITHOUT THE CONSENT OF THE MUNICIPAL GOVERNING BODY? YES L/ NO t• Section ,4. Such question shall appear on the votomatic ballot as a separate question or proposal. Those qualified electors desiring to adopt or approve such proposal shall be instructed to punch out the black dot on the ballot card immediately opposite the number on the ballot page designated "YES". Those qualified electors desiring to reject or disapprove the proposal shall be instructed to punch out the black dot on the ballot card immediately opposite the number on the ballot page designated "NO". 52- 425 3 06: 23. 92 12: 59 C3053 i 52525 M, D Amended Agenda Item No. S (g) (9) Page No. 3 Sect on 5. Absentee paper ballots inay be used by qua-1 if ied electors of Dade county for voting on this proposal at saki special election. The form of such absentee ballot shall be in accordance with the requirements prescribed by the general election laws, and shall have printed thereon the question or proposal hereinabove not forth, with proper place for voting either "YES" or "No" following the statement of the question or proposal aforesaid. SeA sample ballot showing the manner in which the question or proposal aforesaid will appear on the votomatic at this special election shall be published and provided in accordance with the applicabie provisions of the general election laws. Section 7. This -.special election on the proposal aforesaid shall be htld. and conducted in accordance with applicable provisions of 'the general laws relating to special elections and the provisions of the Dade County Home Rule Charter. The County Manager, the Finance Director, the Supervisor of Elections afld the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This special election shall be a nonpartigin election. Election Inspection Boards, inspectors and clerks to serve as election officials in connection with this special election Ishall be appointed in accordance with the provisions of the general election laws. Q 004 r 92- 425 06•,23 92 13:00 &3nS3752325 M/D r�nos , Arced Agenda Item No. 5 (gf(9) Page No. a ect ar,�$,I. - : ' 'This special election shall be canvassed by the County Canv&sZtng Board, in accordance with the provisions of Section 2.07 of the Homa Rule Charter. The foregoing resolution was offered by Commissioner Harvey Ruvin , who moved its adoption. The motion was seconded by Commissioner Mary Collins , and upon being put to a vote, the vote was as follows: Mary Collins A Charles Dusseau aye Joseph M. Gersten aye Larry Hawkins aYp Alexander Penelas aye Harvey Ruvin eye Arthur E. 'Teele, Jr. aye Sherman S . Winn aye Stephen P. Clark aye The Mayor thereupon declared the resolution duly passed And adopted this 16th day of June, 1992. j DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSZONERS MARSHALL ADER, CLERK WV YMOND REED Approved by County Attorn to form and legal sufficil.,eputy ClerCi . 8 P 92- 425 ►! : ► E-41FUTFEN5 Amended Agenda Item No.g)(9) Page No. 5 SECTION 5.04. CHANGES IN MUNICIPAL DO UND ARIES- C. No_twij;hs_t!AndiMq any othel: proyi gri -of -this Artigle, rectLatered Voterp - WhQ —reraide Xlthin_ -A nu igApal-ity wbich—han- 50.00-0 ___Pr__z_orq r glake-red 31pters, :S• . .1 BoardQ_punty__C2=12ai2Djrs J . . • r_1 ! ! f petit . t c - .. • . e thed1 • . - no t • •tb2 theelffgctu municipality;! • •m _ at • } }- Retiti2n, •I _ n' .. -. I ! _ .ram. •f -&be nunicipalitY aft - ! I! l •1fJ -d •! J Planning • .� _ 'Words stricken through shall constitute the amendment proposed. in- effect and remain unchanged. be deleted. Underscored words Remaining provisions are now Q 006 92-- 425 06 23 92 13:01 $`30E3i52525 M/D Z 007 4. Am4ked Agendas Item No. 5 (g) (9) Page No. 6 of a sufficient,ft t. ition by the Suoervisa o amended. e,rpL No municipal boundary shall be altered except as provided by this Section. 1 9 2- 425 06 23/92 13:02 'Y3053752525 iK STATE OF FLORIDA ) ,_ SS: _ COUNTY OF DADE ) I, MARSHALL ADER, Clerk of the Circuit Court In and- for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of Resolution No. R-742-92 , adopted by the: said Board of County Commissioners at its meeting held on .hale 16 ig 92 IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 19th day of Jume A.D. 19 92 •.•GpMMi�••• . �zC 'Ur1TY Om i MARSHALL ADER. Clerk - Board of County Commissioners Dadc County, Florida 1 By Deputy Clerk Z 008 Board of County Commissioners _ Dade County. FiOrida - �2- 425