HomeMy WebLinkAboutPre-LegislationJ-97-183
3/27/97
ORDINANCE NO. 11476
AN ORDINANCE, WITH ATTACHMENT(S), APPROVING
CREATION OF THE "BAY HEIGHTS ROVING SECURITY
GUARD SPECIAL TAXING DISTRICT" BY METROPOLITAN
DADE COUNTY FOR THE BAY HEIGHTS NEIGHBORHOOD,
MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING
ROVING POLICE PATROL SERVICE; SUBJECT TO
COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND
METROPOLITAN DADE COUNTY REQUIREMENTS; APPROVING
NECESSARY EXPENDITURES FOR SAID ROVING OFF -DUTY
POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT
FOR ALL EXPENDITURES; 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 Bay
Heights neighborhood petitioned Dade County, pursuant to Chapter XVIII
of the Metropolitan Dade County Code, to create a Special Taxing
District to provide roving off -duty Police Patrol Service for the Bay
Heights neighborhood; and
WHEREAS, the Bay Heights Civic Association has requested the
approval of the Miami City Commission for Metropolitan Dade County to
hold a referendum vote of the registered voters of the Bay Heights
neighborhood, at no expense to the City of Miami, to determine whether
a Special Taxing District, to be known as the "Bay Heights Roving
Security Guard Special Taxing District," should be created in the Bay
Heights neighborhood of the City of Miami; 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 the Bay
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Heights neighborhood in 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, to be known
as the "Bay Heights Roving Security Guard Special Taxing District"
("District") by Dade County, for the Bay Heights neighborhood, 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 roving off -duty police patrol service, is hereby approved,
subject to the requirements set forth herein.
Section 3. The de jury 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, between the City of Miami and
Metropolitan Dade County.
Section 4. Upon the referendum approval of this Special Taxing
District by the District's registered voters, 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 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 Dade County, at any time, by
sixty (60) days prior notification in writing of desire to terminate.
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Section 5. Upon the de jury creation of the subject Special
Taxing District, the City Manager is hereby authorized to expend wholly
reimbursable funds necessary to provide the specified roving police
services.
Section 6. Said interlocal agreement shall provide that Dade
County shall reimburse the City for all costs necessary to provide the
roving police patrol service described herein.
Section 7. The City of Miami shall be responsible for providing
roving security service in the District eight (8) hours a day, seven
(7) days a week, three hundred and sixty-five (365) 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 the utilization
of its police officers for emergency situations such as natural
disasters, civil disturbances, special events, and similar situations.',
Section 8. All approvals and authorizations herein granted are
hereby 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 Metropolitan Dade County Code, and further,
subject to the approval of the Dade 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 thirty (30)
days after final reading and adoption thereof.
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1147E
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
March 1997.
PASSED AND ADOPTED ON SECOND AND FINAL READING this 10 th
day of April
ATTEST:
WALTER J. , CITY CLERK
FINANCIAL REVI W:
DIPAK PARCH,. DIRECTOR
FINANCE DEPARTMENT
PREPARED AND APPROVED BY:
0./A
�J L EDWARD MAXWEL
D PUTY. CITY ATTO Y
APPROVED AS TO FORM
AND CORRECTNESS:
A. QUION III
CITY ATTORNE
w275.DOC
, 1997.
tAROLLO, MAYOR
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