HomeMy WebLinkAboutPre-LegislationJ-97-99
2/27/97
ORDINANCE O. 11460
AN 'ORDINANCE, WITH TACHMENT (S) ; .APPROVING
CREATION OF A SPECIAL TAXING DISTRICT BY
METROPOLITAN DADE COUNTY FOR THE MORNI_NGSIDE
NEIGHBORHOOD, MLAMI, FLORIDA, FOR THE PURPOSE OF
PROVIDING TWENTY-FOUR HOUR STATIONARY SECURITY
GUARD SERVICE AND ROVING POLICE PATROL SERVICE;
SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF
MIAMI AND M.ETROPOLITA.N DADE COUNTY REQUIREMENTS;
APPROVING CONSTRUCTION OF TWO (2) GUARD HOUSE
FACILITIES, GATES, FOUR .(g) STREET CLOSURES,
INSTALLATION AND OPERATION OF TRAFFIC CONTROL
DEVICES, AND AUTHORIZING AIv7 APPROPRIATING AN
AMOUNT NOT TO EXCEED THREE HUNDRED AND •FIFTY
THOUSAND DOLLARS ($350, 000) FOR SAID CAPITAL
IMPROVEMENTS, AND ADDITIONAL EXPENDITURES FOR
ROVING POLICE PATROL 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CONTAINING A REPEALED. PROVISION, SEVERn3ILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHERRAS, some citizens of the City of Miami residing in
Morningside neighborhood petitioned Dade County, pursuant to Chapter
XVIII of the Metropolitan Dade County Code, to create a Special Taxing
District to provide Stationary Security Guard Service for the
Morningside neighborhood; and
WHEREAS, the Morningside Civic Association has requested the
approval of the Miami City Commission for Metropolitan Dade County to
hold a referendum vote of the residents of the 'Morningside
neighborhood, at no expense to the City of Miami, to determine whether
a Special Taxing District should be created in the Morningside
neighborhood; and
WHEREAS, the City Commission, after careful consideration of: this
matter, deems it advisable and in the best interest of the aeneral
welfare of the City of Miami, in general, and the _residents of the
Morningside neighborhood in particular, to allow Metropolitan Dade
County to proceed, as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COM'44ISSION OF THE CITY OF
MIMI, 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 sat forth in this Section.
Section 2. The creation of a Special Taxing District by Dade •
County for the Morningside neighborhood, Miami, Florida, in accordance
.with Chapter XVIII of the Metropolitan Charter and Sections 18-2 and
18-3 of the Dade County Coda, for the purpose of providing twenty-four •
hour Stationary Security Guard Service by private security companies
("Security Guard District" or "District") and roving police patrol
service, is hereby approved, subject to the requirements set forth
herein.
Section 3. The si°-lure creation of said District and the levying
of annual special assessments to support this service shall also,
p11a, require the execution of an interlocal agreement, in
substantially the form attached hereto 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 two (2)
Guard Houses, including the necessary road improvements, water, sewer,
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electrical and telephone connections, concrete pads, sidewalk, curbing
•and rewired drainage 1mnrovernents, signing and striping, gates and
four (4) street closures, as required by the Director c•f the Dade
County Public Works Department, to ensure •the safe operation of. said
facilities ir. the public right. -of -way.
Section 4. Upon the referendum approval of this Special _axing
District by the affected residents, and subject to the inclusion of a
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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 police patrol service,
comprised of off -duty police officers in marked patrol v_hicles, during
the term of the aforesaid interlocal agreement or when terminated by
either the City or Dade County, at any time, by sixty (60) days prior
notification in writing of desire to terminate.
Section 5. Upon the d= iuro creation of the subject Special
Taxing District, the City Manager is hereby authorized to expend an
amount, not to exceed Three Hundred Fifty Thousand Dollars ($350,000),
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 roving
police patrol service described herein.
Section 7.• Title of the Guard House facilities shall remain with
the 'City or its assignee and said ,facilities 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.
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Section 8. The Guard House Facilities herein approved to be
constructed will be located within the public right-of-way located on
NE 50 Terrace east of Biscayne Boulevard and on NE 5 Avenue between NE
57 Street and N2 58 Street.
Section 9. An exit only gate will be located on NE 58 Street east
of NE 5 Avenue.
Section 10. The street closures to be added to the existing nine
(9) closures will be located at NE 52 Terrace, NE 55 Terrace and NE 57
Street east of Biscayne Boulevard and at Bayshore Drive between NE 60
Street and NE 61 Street.
Section 11. 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 12. 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 13. A11 approvals and authorizations herein granted are
hereby further conditioned upon and subject to the affirmative vote of
the residents of the Morningside neighborhood in an election to be
conducted according to Metropolitan Dada County Code, and further,
subject to the approval of the Dade County Board of Commissioners.
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Section 14. All ordinances -or parts of ordinances insoar as they
are inconsistent or in conflict with the_ provisions of this Ordinance
are hereby repealed.
Section 15. 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 16. This Ordinance shall become effective thirty (30)
days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 20th day of
February , 1997.
PASSED AND ADOPTED ON SECOND AND FINAL READING this 20th
day of March
1P. EST:
VIAL -TER J. FOE:L'AN'CT_TY CLERK
CA DTTL IMPROVEMENTS REVIEW:
GRP.., SnEEKAN, COORDINATOR
PREPARED AND APPROVED BY:
EL EDWARD MA .ELL
EPUTY CITY P ORNEY
W256 : csk : JEb7
, 1997.
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.,LO, MAYOR
FINANCLkL REVIEW:
MICHAEL L<VIN, DIPECTOR
FINANCE DEPAPaMENT
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN DONE(I1'
CITY ATTORNEY
11460