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HomeMy WebLinkAboutLegislation FR/SR1,1,111 I. City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01956 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT TO THE "BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT," TO INCREASE THE OFF -DUTY POLICE ROVING PATROL SERVICES FROM SIXTEEN HOURS TO TWENTY-FOUR HOURS PER DAY, FOR THE BAY HEIGHTS NEIGHBORHOOD, MIAMI, FLORIDA; 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; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, citizens of the City of Miami ("City") residing in Bay Heights neighborhood petitioned Miami -Dade County ("County"), pursuant to Chapter XVIII of the County Code, to create a New Special Taxing District to provide increased hours of roving off -duty Police Patrol Service for the Bay Heights neighborhood; and WHEREAS, the Bay Heights Civic Association requested, through Ordinance No. 11476, adopted April 10, 1997, and obtained the recommendation of approval from the City Commission for the County to hold a referendum vote of the registered voters of the Bay Heights neighborhood, at no expense to the City, to determine whether a Special Taxing District, to be known as the "Bay Heights Roving Security Guard Special Taxing District," ("District") should be created in the Bay Heights neighborhood of the City; and WHEREAS, the County passed and adopted Ordinance No. 97-120, on July 8, 1997, creating the District and the District was approved on September 9, 1997, by a majority vote of the electors residing within the District; and WHEREAS, an amending petition submitted by the Bay Heights Community requesting an increase in their level of service from sixteen (16) to twenty-four (24) hours a day was validated and found to meet the County Code requirement that at least fifty percent (50%) of the resident property owners sign in favor of the amendment; 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, in general, and the residents of the Bay Heights neighborhood in particular, to allow the 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 adopted by City of Miami Page 1 of 3 Printed On: 10/25/2006 File Number: 06-01956 reference and incorporated as if fully set forth in this Section. Section 2. The amendment to the creation of the Bay Heights Roving Security Guard Special Taxing District ("District") by the County, for the Bay Heights neighborhood, Miami, Florida, in accordance with Chapter XVIII of the County Charter and Section 18-2 and 18-3 of the County Code, for the purpose of providing increased off -duty police roving patrol service, is approved, subject to the requirements set forth herein. Section 3. The amendment to the District and the levying of annual special assessments to support the service shall require the execution of an interlocal agreement between the City and the County. The City Commission authorizes the City Manager to execute an interlocal agreement, in substantially the attached form, on behalf of the City.{1 } Section 4. Upon the referendum approval of this amendment to the District by the District's registered voters, and subject to the inclusion of a specific provision in the interlocal agreement between the City and the County providing for reimbursement to the 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 the County, at any time, by sixty (60) days prior notification in writing of desire to terminate. Section 5. Upon the amendment to the District, and the execution of the interlocal agreement, the City Manager is authorized to expend wholly reimbursable funds necessary to provide the specified roving police services. Section 6. Said interlocal agreement shall provide that the County shall reimburse the City for all costs necessary to provide the roving police patrol service described herein. Section 7. The City shall be responsible for providing roving security service in the District twenty- four hours a day, seven days a week, three hundred and sixty-five days a year, through the use of uniformed off -duty police officers. This service is subject to the availability of off -duty police officers to perform this function and excludes coverage should the City require its police officers for emergency situations such as natural disasters, civil disturbances, special events, and similar situations. Section 8. All approvals and authorizations granted are further conditioned upon and subject to the affirmative vote of the registered voters of the Bay Heights neighborhood in an election to be conducted according to the County Code, and further, subject to the approval of the County Board of 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 immediately upon its adoption and signature of the Mayor,{2} City of Miami Page 2 of 3 Printed On: 10/25/2006 File Number: 06-01956 APPROVED AS TO FORM AND CORRECTNESS: JORGE F NANDEZ CITY A 0 EY Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 Printed On: 10/25/2006