HomeMy WebLinkAboutO-12866City of Miami
Legislation
Ordinance: 12866
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01956 Final Action Date: 12/14/2006
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:
City of Miami
Page 1 of 3 File Id: 06-01956 (Version: 11 Printed On: 3/2/2017
File Number: 06-01956 Enactment Number: 12866
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
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 File Id: 06-01956 (Version: 11 Printed On: 3/2/2017
File Number: 06-01956 Enactment Number: 12866
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 File Id: 06-01956 (Version: 11 Printed On: 3/2/2017