Resolution 2020-31145 RESOLUTION NO. 2020-31145
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFYING AND ACCEPTING THE
RESOLUTION PASSED BY MIAMI-DADE COUNTY APPROVING THE
EXECUTION OF AN INTERLOCAL AGREEMENT FOR THE TRANSFER
OF CONTROL FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI
BEACH OF THE ALLISON ISLAND SECURITY GUARD SPECIAL
TAXING DISTRICT LOCATED ENTIRELY WITHIN THE CITY, AND
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION.
WHEREAS, the Mayor and Commission of the City of Miami Beach and the Miami-Dade
County ("County") Board of County Commissioners ("Board") approved the creation of the Allison
Island Security Guard Special Taxing District ("Special Taxing District") through City Resolution
No. 89-19604 and County Ordinance 89-125, in order to provide 24-hour security guard service
to Allison Island; and
WHEREAS, the Special Taxing District is located entirely within the City of Miami Beach
("City"), and Section 18-3.1 of the Code of Miami-Dade County provides that for a special taxing
district located entirely within municipal boundaries, the County may designate the governing
body of the municipality as the governing body of the special taxing district, subject to a majority
vote of the qualified electors residing in the district; and
WHEREAS, the City Commission, by Resolution No. 2018-30575 (Exhibit"A"), requested
the transfer of control of the Special Taxing District from Miami-Dade County to the City of Miami
Beach, and subsequently approved the execution of an interlocal agreement to transfer control of
the Special Taxing District from the County to the City by Resolution No. 2019-30750 (Exhibit
"B"); and
WHEREAS, the next step in the process to transfer control of the Special Taxing District
from the County to the City is the County's approval of the interlocal agreement regarding the
transfer of control of the Special Taxing District; and
WHEREAS, on June 4, 2019, the County passed and adopted Resolution No. R-590-19,
which approved the interlocal agreement and the transfer of control of the Special Taxing District
(Exhibit "C"), subject to the City passing this Resolution; and
WHEREAS, in addition, on June 4, 2019, the County passed and adopted Resolution No.
R-591-19, which called a special election for the Special Taxing District and provided that the
special election shall be held within the boundaries of the Special Taxing District, set forth the
ballot question to be presented for approval or disapproval by a mailed ballot and the noticing
requirements and registration deadline, and provided that the special election shall be held on
December 17, 2019 and that all marked ballots must be received by 7:00 pm on that day (Exhibit
"D"); and
WHEREAS, on December 17, 2019, the voters of the Allison Island Security Guard
Special Taxing District unanimously approved the transfer of control of the Special Taxing District
from the County to the City; and
WHEREAS, the City Commission finds it to be in the best interest of the City to approve
this Resolution and to ratify and accept County Resolution No. R-590-19 approving the transfer
of control of the Special Taxing District and the interlocal agreement designating the City as the
governing body of the Special Taxing District pursuant to Section 18-3.1 of the Code of Miami-
Dade County.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That the foregoing"WHEREAS"clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2. That the Mayor and City Commission of the City of Miami Beach hereby
approve this Resolution and ratify and accept County Resolution No. R-590-19 approving the
transfer of control of the Special Taxing District and the interlocal agreement designating the City
as the governing body of the Special Taxing District pursuant to Section 18-3.1 of the Code of
Miami-Dade County.
SECTION 3. That the Mayor and City Commission hereby authorize the City Manager
to do all things necessary to effectuate the intent of this Resolution, and direct the City Clerk to
transmit a copy of this Resolution to the Miami-Dade County Clerk of the Board of County
Commissioners.
SECTION 4. That this Resolution shall be effective upon passage and adoption.
PASSED AND ADOPTED this 15th day of January, 2020.
ATTEST:
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Dan Gelber, Mayor
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Rafael E. Granado, City Clerk
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EXHIBIT A
RESOLUTION NO. 2018-30575
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION
18-3.1 OF THE MIAMI-DADE COUNTY CODE, REQUESTING THE
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO
TRANSFER CONTROL OF THE ALLISON ISLAND SECURITY GUARD
SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY, AND
TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE
GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT
TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN
THE SPECIAL TAXING DISTRICT.
WHEREAS, in 1989, the City of Miami Beach's ("City") Mayor and City Commission
and the Miami-Dade County ("County") Board of County Commissioners ("Board") approved
the creation of the Allison Island Security Guard Special Taxing District ("Special Taxing
District") in City Resolution No. 89-19604 and County Ordinance No. 89-125 to provide 24-
hour security guard service to Allison Island; and
WHEREAS, on February 2, 2016, the County Board adopted Ordinance No. 16-14,
creating a new Section 18-3.1 in the Miami-Dade County Code, providing that, subject to
Charter referendum approval at the November 8, 2016 election, a municipality could be
authorized to act as the governing body of a special taxing district located entirely within its
municipal boundaries, and that control of an existing special taxing district in a municipality
could be transferred from the County Board to the governing body of such municipality; and
WHEREAS, on November 8, 2016, the electorate approved a County Charter
Amendment validating and giving effect to County Ordinance No. 16-14; and
WHEREAS, the Allison Island Security Guard Special Taxing District is located entirely
within the boundaries of the City; and
WHEREAS, Section 18-3.1 of the County Code provides, in part, that by joint
resolutions of the County Board and the governing body of a municipality, the governing body
of a municipality may be designated as the governing body of an existing special taxing
district located entirely within the boundaries of such municipality, subject to a majority vote of
the qualified electors residing in the special taxing district at an election called by and
conducted as provided by the County Board; and
WHEREAS, the transfer of control of the Allison Island Security Guard Special Taxing
District from the County Board to the City has been requested and is supported by the Allison
Island Homeowner's Association; and
WHEREAS, accordingly, the Mayor and City Commission hereby request the transfer
of control of the Allison Island Security Guard Special Taxing District from the County Board
to the Mayor and City Commission of the City of Miami Beach, and the designation of the
Mayor and City Commission as the governing body of the Special Taxing District, subject to a
majority vote of the qualified electors residing in the Special Taxing District.
EXHIBIT A
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission, in accordance with Section 18-3.1 of the Miami-Dade County Code, hereby
request the Miami-Dade County Board of County Commissioners to transfer control of the
Allison Island Security Guard Special Taxing District from the County to the City, and to
designate the Mayor and City Commission as the governing body of the Special Taxing
District, subject to a majority vote of the qualified electors residing in the Special Taxing
District; and, further authorize the City Manager to do all things necessary to carry out the
intent of this Resolution and direct the City Clerk to transmit a copy of this Resolution to
Mayor Carlos A. Gimenez and members of the Miami-Dade County Board of County
Commissioners.
PASSED AND ADOPTED this 17th day of October, 2018.
ATTEST: Dan Gelber, Mayor
R1 I th ty
Rafa I E. Granado, City lerk APPROVED AS TO
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EXHIBIT A
Resolutions- R7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE
MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY
BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE
ALLISON ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE
COUNTY TO THE CITY, AND TO DESIGNATE THE MAYOR AND CITY
COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT,
SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN
THE SPECIAL TAXING DISTRICT.
Legislative Tracking
Finance
ATTACHMENTS:
Description
❑ Memorandum-Allison Island
❑ HOA request-Transfer of Allison Island to Miami Beach
❑ Allison Island Resolution
•
Page 1338 of 1637
EXHIBIT A
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachll.gav
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE
MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY BOARD
OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE ALLISON
ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO
THE CITY, AND TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE
GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A
MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL
TAXING DISTRICT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Effective October 1, 2018, the administration of the Biscayne Point Security Guard Special
Taxing District was transitioned from Miami-Dade County to the City of Miami Beach. There are
four remaining Security Guard Special Taxing Districts that are currently administered by Miami-
Dade County including Allison Island, Biscayne Beach, Star Island, and Palm & Hibiscus Island.
Following the successful transition of the Biscayne Point District, the City Commission directed
the Administration to contact the remaining four districts to determine if they would be interested
in beginning the process to transition from the County to the City in a holistic manner.
ANALYSIS
Pursuant to the request of Commissioner Steinberg, the above-referenced Resolution
requesting the transfer of control of the Allison Island Security Guard Special Taxing District
("Special Taxing District")from the Miami-Dade County Board of County Commissioners to the
Mayor and City Commission of the City of Miami Beach is submitted for consideration by the
Mayor and City Commission. The transfer of control of the Special Taxing District is supported
by the Allison Island Homeowners Association and would be subject to County approval and a
majority vote of qualified electors residing in the Special Taxing District.
In 1989, the City of Miami Beach's ("City") Mayor and City Commission and the Miami-Dade
County ("County") Board of County Commissioners ("Board") approved the creation of the
Allison Island Security Guard Special Taxing District ("Special Taxing District") in City
Resolution No. 89-19604 and County Ordinance No. 89-125 to provide 24-hour security guard
service to Allison Island.
Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016,
County Ordinance No. 16-14 was given effect which created a new Section 18-3.1 in the Miami-
Page 1339 of 1637
EXHIBIT A
Transfer of Allison Island Security Guard Special Taxing District
October 17, 2018
Page 2
Dade County Code. This new County Code Section provides, in part, that by joint resolutions of
the County Board and the governing body of a municipality, the governing body of a municipality
may be designated as the governing body of an existing special taxing district located entirely
within the boundaries of such municipality, subject to a majority vote of the qualified electors
residing in the special taxing district at an election called by and conducted as provided by the
County Board. In addition, the County has advised that interlocal agreements with the County
Board and with the County Tax Collector and Property Appraiser would be needed to effectuate
a transfer of control.
FINANCIAL INFORMATION
The County collects an administrative fee to offset costs related to administering service
contracts and providing fiscal support for the District. It is anticipated that the administrative fee
would cover the City's costs to provide administrative support. Administrative support would be
similar to that currently provided by the City to the Biscayne Point Security Guard Special
Taxing District.
JLM/JW
Page 1340 of 1637
EXHIBIT A
Woodruff, John
Subject: Allison Island guard gate
From:Jon Beloff[mailto:jdbObelofflaw.com]
Sent:Tuesday,October 02, 2018 2:59 PM
To: Woodruff,John; 'tmgeng64@aol.com'
Cc: 'Isaac.matz@miami-taxes.com'; 'mmeland@melandrussin,com'; 'EMendelson@heico.com'; 'kobikarp@kobikarp.com'
Subject: RE: Allison Island guard gate
Hi John. As I indicated in prior emails to the City Commission and City Attorney's offices,this will confirm that the Allison
Island Homeowner's Association recommends and supports the transfer of our Special Taxing District from the County to
the City of Miami Beach. I am not sure whether it is meaningful and may shortcut the process, but our Island already
has a Special Assessment District with the City that was created when we performed the undergrounding of our utility
lines over 10 years ago. In any event,we would like to proceed expeditiously with the process. Thank you
Jonathan D. Beloff, Esq.
BELOFF LAW,P.A.
1691 Michigan Avenue
Suite 250
Miami Beach, Florida 33139
Ph.305-673-1101
Fax 305-673-5505
Cell 305-799-1102
Email:fdb( belofflaw.com
.14
Pursuant to federal regulations imposed on practitioners who render tax advice("Circular 230"),we are required to advise you that any tax advice contained herein
is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.If this advice is oris intended
to be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement,the regulations under Circular
230 require that we advise you as follows:(1)this writing is not intended or written to be used,and it cannot be used,for the purpose of avoiding tax penalties that
may be imposed on a taxpayer;(2)the advice was written to support the promotion or marketing of the transaction(s)or matter(s)addressed by the written advice;
and(3)the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL.IT IS INTENDED FOR THE USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE.ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT
WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN.NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS
INTENDED.USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED
THEREIN IS STRICTLY PROHIBITED.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION,DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN
ERROR,PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.THANK YOU.
1
Page 1341 of 1637
• EXHIBIT B-
RESOLUTION NO. 2019-30750
A RESOLUTION OF THE MAYOR AND CITY .COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, . AUTHORIZING THE CITY
MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED
AND AS ACCEPTABLE TO THE CITY MANAGER AND CITY
ATTORNEY;. AN AGREEMENT FOR TRANSFER OF THE ALLISON
ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT CURRENTLY
MAINTAINED BY MIAMI-DADE COUNTY, WHICH PROVIDES FOR THE
TRANSFER :OF CONTROL OF THE ALLISON. ISLAND SECURITY
GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE
CITY AND THE DESIGNATION OF : THE MAYOR AND CITY
COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING
DISTRICT; :SUBJECT TO A MAJORITY VOTE .OF THE QUALIFIED
ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT.
WHEREAS, in 1989,. the City of Miami Beach's ("City") Mayor and City
Commission and the Miami-Dade County ("County") Board of County Commissioners
.("Board") approvedthe creation of the Allison Island Security Guard Special Taxing
• District ("Special Taxing District") in City Resolution No. 89-19604 and County
Ordinance No. 89-125 to provide 24-hour security guard service to Allison Island; and
WHEREAS,on February 2, 2016, the County Board adopted Ordinance .No. 16-
• 14, creating a new_Section 18-3.1 in the Miami-Dade County Code, providing that,
subject to Charter referendum approval at the November 8, 2016 election, a
municipality couldbe authorized to actas the governing body of a special taxing district
located entirely within its municipal boundaries, and that control of an existing:special
taxing district in a municipality could be transferred from the County Board to the
governing body of such municipality; and
WHEREAS, :on November 8, 2016, the electorate approved a County Charter
Amendment to Section 1.01(A)(11) of the Miami-Dade County Home Rule Charter
validating and giving effect to County Ordinance No. 16-14 that created Section 18-3.1
of the County Code; and
WHEREAS, the Allison Island Security Guard Special Taxing District is located
entirely within the boundaries of the City; and
WHEREAS, Section 18-3.1 of the County Code provides, in part, that by joint
resolutions of the County Board and the governing body of a municipality, the governing
• body of a municipality may be designated as the governing body of an existing special
taxing district located entirely within the boundaries of such municipality; and
EXHIBIT B
WHEREAS, Section 18-3.1 of the County Code further provides that:
Any resolution designating the governing, body of a
municipality as the governing body of an existing special
taxing district shall not become effective prior to approval of
the transfer of control of the special taxing district by a
majority vote of the qualified electors residing in the special
taxing district voting at an election to be called by the Board
and noticed and conducted by mailed ballot or otherwise, as
the Board shall by resolution determine and shall set forth a
date for the transfer of control of the special taxing district and
shall provide that the governing body of such municipality
shall be responsible for all pre-existing and future liabilities of
such taxing district, whether known V or unknown, for the
protection of any creditors of such special taxing district as of
the date of the transfer of control of such special taxing
district, and for encouraging any vendors of such special
taxing district to pay the Living Wage required by Section 2-
8.9 of the Code of Miami—Dade County, Florida to such
vendors' employees working on contracts providing any of the
Covered Services set forth in Section 2-8.9(F)(1) of the Code
of Miami-County[sic], Florida; and
WHEREAS, the transfer of control of the Allison Island Security Guard Special
- Taxing District from the County Board to the Mayor and City Commission of the City of
Miami VBeach has been requested and is supported by the Allison Island Homeowner's
Association; and
WHEREAS,\at the October 17, 2018 City Commission meeting, the Mayor and
City Commission adopted Resolution No. 2018-30575, requesting the County to transfer
control of the Allison Island Security Guard Special Taxing District from the County
Board to the Mayor and City Commission of the City of Miami Beach, and to designate
the Mayor and City Commission as the governing body of the Special Taxing.District,
subject to a majority vote of the qualified electors residing in the Special Taxing District;
and
WHEREAS, execution of an Agreement for Transfer of the Allison Island Security
Guard Special Taxing District from Miami-Dade County to the City of Miami Beach
("Agreement") is required to proceed with the process of the transfer of control of the
Special Taxing District from the County to the City; therefore, the City Manager should
be authorized to execute an Agreement, substantially in the form attached hereto and
as acceptable to the City Manager and the City Attorney.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the City Manager to execute, substantially in the form
2
EXHIBIT B
attached and as acceptable to the City Manager and City Attorney, an Agreement for
Transfer of the Allison Island Security Guard Special Taxing District Currently
Maintained by Miami-Dade County, which Agreement provides for the transfer of control
of the Allison Island Special Taxing District from the County to the City and the
designation of the Mayor and City Commission as the governing body of the Special
Taxing District, subject to a majority vote of the qualified electors residing in the Special
Taxing District.
PASSED AND ADOPTED this 13th day of March, 2019.
&S:1
ATTEST: .
Dan Gelber, Mayor
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fael E. Granado, City Clerk
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3
EXHIBIT B
TRANSFER OF THE ALLISON ISLAND SECURITY GUARD SPECIAL TAXING
DISTRICT FROM MIAMI DADE COUNTY TO THE CITY OF MIAMI BEACH
THIS AGREEMENT FOR TRANSFER OF THE ALLISON ISLAND SECURITY
GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI-DADE
COUNTY (AGREEMENT), made and entered into this day of , 2019, by and
between the CITY OF MIAMI BEACH,FLORIDA,a municipal corporation of the STATE OF
FLORIDA (hereinafter referred to as the "City") and MIAMI-DADE COUNTY, a political
subdivision of the STATE OF FLORIDA(hereinafter referred as the"County").
WITNESSETH
WHEREAS,the City has requested transfer of the ownership of the assets and control of
the Allison Island Security Guard Special Taxing District("Special Taxing District") from the
County to the City such that the City Commission will become the governing body responsible for
the Special Taxing District;and
WHEREAS, the City and the County are mutually desirous of transferring the Special
Taxing District to the City;and
WHEREAS, the City shall take full responsibility for the operation and maintenance of
the Special Taxing District as determined herein, including exclusive responsibility for all pre-
existing and future liabilities,whether known or unknown,
• NOW,THEREFORE,in consideration of the covenants herein provided,the City of Miami
Beach and Miami-Dade County agree as follows:
1. The foregoing recitals are incorporated herein.
2. This Agreement shall become effective upon the last effective date of a joint resolution
transferring the Special Taxing District, and a favorable election of the residents for the
transfer ("Effective Date"). Either party may terminate this Agreement prior to the joint
resolution being passed by both the Board of County Commissioners and the City
Commission.
3. Prior to passing the joint resolution,the City shell have the right to conduct due diligence,
including an inspection of the Special Taxing District's improvements.
4. •Twelve(12)days after the Effective Date,unless a contest of the election is filed pursuant
to section 102.168 of the Florida Statutes,the Board of County Commissioners ("Board")
will no longer be the governing body of the Special Taxing District and the City
Commission shall be the governing board of the Special Taxing District ("Transfer
Date"). If a contest is filed,the transfer will occur upon a successful resolution of such
contest upholding the election,which is no longer challengeable by any appeal.
EXHIBIT B
5. On October 1, 2020,the County will cease all involvement, including all operations and
maintenance for the Special Taxing District, and the City will be exclusively responsible
for the Special Taxing District("Completion Date").
6. The County will continue to provide service to the Special Taxing District between the
Transfer Date and the Completion Date ("Transition Period"),but any action requiring
Board approval will be presented to the City Commission.
7. Prior to the Transfer Date,the Special Taxing Districts Division of the County shall provide
to the City a preliminary fmancial reconciliation of all known liabilities for the Special
Taxing District.
8. Beginning on the Transfer Date,the City shall be responsible for all pre-existing and future
liabilities of the Special Taxing District,•whether known or unknown, and regardless of
whether they appear on the financial reconciliation provided by the County.
9. During the Transition Period,the Special Taxing Districts Division of the County will be
available to meet with the City to provide assistance with operations questions.
•
10.The City shall be responsible for establishing assessment rates and collecting assessments
for the Special Taxing District beginning October 1,2020. If the City intends on using the
• uniform method for the levy,collection,and enforcement of non-ad valorem assessments,
the City shall comply with the requirements of section 197.3632 of the Florida Statutes and
shall make such arrangements with the Miami-Dade County Office of the Property
Appraiser and Miami-Dade County Tax Collector.
11.The City shall arrange for transfer of the Special Taxing District's utility`accounts into the
City's name,to take effect no later than September 1,2020. Such utilities include,but are
not limited to,Florida Power and Light and Miami-Dade County Water and Sewer.
12.Prior to the Completion Date,the City shall assume the existing contractual obligations for
the Special Taxing District if the County cannot terminate said contracts,or shall procure
contracts with vendors to provide all necessary services to the Special Taxing District,
including, but not limited to, contracts for the following services: security guards,
extermination, janitorial, gate repair, and building_repair. The City's contractors shall
commence service on October 1,2020.
13.Prior to the Completion Date, the City shall be responsible for establishing its own
protocols and policies for accessing the Special Taxing District,including,but not limited
to,the issuance and use of access devices,if any. The County shall transfer to the City the
Special Taxing District's entire inventory of unissued access devices.Notwithstanding this
provision,the City agrees at all times to maintain public access to the public roads within
the Special Taxing District, in accordance with state law, and the Code of Miami-Dade
County,Florida.
14.Beginning on the Completion Date, the City Commission shall be responsible for the
continuous operation, maintenance, repair, _and replacement, when necessary, of the
2
EXHIBIT B
Special Taxing District's improvements and systems, including, but not limited to, the
guardhouse, guardhouse air conditioning,plumbing and electrical, security cameras, and
guard gate.
15.Beginning on the Completion Date,the City shall be responsible for payment of all of the
Special Taxing District's expenses.
16.The County shall transfer to the City, effective on the Completion Date, any active,
transferrable warranties on the Special Taxing District's improvements or equipment.
17.Within thirty(30)days of the Completion Date,the County shall provide to the City a final
financial reconciliation of all known liabilities for the Special Taxing District. Any
omission from the final reconciliation shall not constitute a waiver by either the County or
the City for payment to or from the Special Taxing District's account.
18.Within sixty (60) days of the Completion Date, the County shall remit to the City any
remaining surplus funds in the Special Taxing District's account,or shall issue an invoice
to the City for any deficit in the Special Taxing.District's account.
19.Following expiration of all existing contractual obligations,pursuant to section 2-8.9 of the
Code of Miami-Dade County,the City is encouraged to pay the Living Wage.
20.To the extent allowed by, and subject to the limitations of,'section 768.28 of the Florida
Statutes, the City does hereby agree to indemnify and hold the County, its officials,
employees and instrumentalities,harmless from any and all liabilityfor any damage,injury,
or claim that may arise by virtue of the Special Taxing District,or the exercise of any rights,
obligations or actions under this Agreement,including but not limited to the City's failure
to provide services or maintain,repair,replace,or operate the improvements.
21.The undersigned further agrees that these conditions shall be deemed a continuing
obligation between the City and the County and shall remain in full force and effect and be
binding on the City,and any permitted successors or assigns.
22.In the event that the City requests any third party to assume any of the responsibilities
hereunder,the City acknowledges that such assumption shall not relieve the City from any
obligations or responsibilities hereunder. Any failure by any third party shall not subject
the County to any liability for any damage,injury,or claim that may arise.
23.Nothing in this Agreement,expressed or implied,is intended to:(a)confer upon any entity
or person other than the parties and any permitted successors or assigns, any rights or
remedies under or by reason of the Agreement as a third party beneficiary or otherwise
except as specifically provided in this Agreement; or(b)authorize anyone not a party to
this Agreement to maintain an action pursuant to or based upon this Agreement.
Additionally, nothing herein shall be deemed to constitute a waiver of any rights under
• section 76828 of the Florida Statutes,or as a waiver of the County's sovereign rights.
3
EXHIBIT B
24.The language agreed to herein expresses the mutual intent and agreement of the County
and the City,and shall not,as a matter of judicial construction,be construed more severely
against one of the parties from the other.
25.Any notices to be given hereunder shall be in writing and shall be deemed to have been
given if sent by hand delivery,recognized overnight courier(e.g.,Federal Express);or by
written certified U.S.mail,with return receipt requested,addressed to the party for whom
• it is intended,at the place specified.The method of delivery shall be consistent among all
of the persons listed herein.For the present,the City and County designate the following
as the respective places for notice purposes:
For the County:Miami-Dade County Mayor
111 NE 1st Street,Suite 2910
Miami,FL 33128
With a Copy to:Miami-Dade Parks,Recreation,and Open Spaces Department
Attn:Director
275 NW 2nd Street, 5th Floor
Miami,FL 33128
Miami-Dade County Attorney's Office,
111 NE 1'Street, Suite 2810
Miami,FL 33128
•
For the City: City Manager,City of Miami Beach •
1700 Convention Center Drive,4th Floor
Miami Beach,FL 33139
With a Copy to: City Attorney,City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,FL 33139
IN WITNESS WHEREOF,the City and County have caused this instrument to be executed by
their respective officials thereunto duly authorized,this the day and year above written.
CITY OF MIAMI BEACH,a municipal
ATTEST: corporation
By: By: •
Rafael E. Granado,City Clerk Jimmy Morales, City Manager
•
Date
.
APPROVED AS TO
FORM&LANGUAGE
&FOR TECUTION
4 ig
32
City Attorney,s1 Dote
EXHIBIT B
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS,FLORIDA
ATTEST:
By:
Mayor or Mayor's Date
Designee
HARVEY RUVIN, CLERK
By:
Deputy Clerk Date •
•
5
EXHIBIT B .
Resolutions-C7 AE
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 13, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED AND AS
ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY, THE
AGREEMENT FOR TRANSFER OF THE ALLISON ISLAND SECURITY
GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY
MIAMI-DADE COUNTY, WHICH PROVIDES FOR THE TRANSFER OF
CONTROL OF THE ALLISON ISLAND SECURITY GUARD SPECIAL
TAXING DISTRICT FROM THE COUNTY TO THE CITY AND THE
DESIGNATION OF THE MAYOR AND CITY COMMISSION AS THE
GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A
MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE
SPECIAL TAXING DISTRICT.
Legislative Tracking
Finance
ATTACHMENTS:
Description
o Memo-Allison Island
Page 868 of 1418
EXHIBIT B
MIAMI [ EAC
City of Miami Beach,1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager •
DATE: March 13, 2019
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE,
SUBSTANTIALLY IN THE FORM ATTACHED AND AS ACCEPTABLE TO THE
CITY MANAGER AND CITY ATTORNEY, THE AGREEMENT FOR TRANSFER OF
THE ALLISON ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT
CURRENTLY MAINTAINED BY MIAMI-DADE COUNTY, WHICH PROVIDES FOR
THE TRANSFER OF CONTROL OF THE ALLISON ISLAND SECURITY GUARD
SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY AND THE
DESIGNATION OF THE MAYOR AND CITY COMMISSION AS THE GOVERNING
BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF
THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Effective October 1, 2018, the administration of the Biscayne Point Security Guard Special
Taxing District was transitioned from Miami-Dade County to the City of Miami Beach. There are
four remaining Security Guard Special Taxing Districts that are currently administered by Miami-
Dade County including Allison Island, Biscayne Beach, Star Island, and Palm &Hibiscus Island.
Following the successful transition of the Biscayne Point District, the City Commission directed
the Administration to contact the remaining four districts to determine if they would be interested
in beginning the process to transition from the County to the City in a holistic manner.
ANALYSIS
Pursuant to the request of Commissioner Steinberg, the above-referenced Resolution
requesting the transfer of control of the Allison Island Security Guard Special Taxing District
("Special Taxing District") from the Miami-Dade County Board of County Commissioners to the
Mayor and City Commission of the City of Miami Beach is submitted for consideration by the
Mayor and City Commission. The transfer of control of the Special Taxing District is supported
by the Allison Island Homeowners Association and would be subject to County approval and a
majority vote of qualified electors residing in the Special Taxing District,
In 1989, the City of Miami Beach's ("City") Mayor and City Commission and the Miami-Dade
County ("County") Board of County Commissioners ("Board") approved the creation of the
Allison Island Security Guard Special Taxing District ("Special Taxing District") in City
Resolution No. 89-19604 and County Ordinance No. 89-125 to provide 24-hour security guard
service to Allison Island.
Page 869 of 1418
EXHIBIT B
Transfer of Allison Island Security Guard Special Taxing District
March 13,2019
Page 2
Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016,
County Ordinance No. 16-14 was given effect which created a new Section 18-3.1 in the Miami-
Dade County Code. This new County Code Section provides, in part, that by joint resolutions of
the County Board and the governing body of a municipality,the governing body of a municipality
may be designated as the governing body of an existing special taxing district located entirely
within the boundaries of such municipality, subject to a majority vote of the qualified electors
residing in the special taxing district at an election called by and conducted as provided by the
County Board. In addition, the County has advised that interlocal agreements with the County
Board and with the County Tax Collector and Property Appraiser would be needed to effectuate
a transfer of control.
Based on preliminary information from Miami-Dade County, the required election is tentatively
scheduled for December 17, 2019 and the administration of the Allison Island Security Guard
Special Taxing District would transition from Miami-Dade County to the City of Miami Beach
effective October 1, 2020.
FINANCIAL INFORMATION
The County collects an administrative fee to offset 'costs related to administering service
contracts and providing fiscal support for the District. It is anticipated that the administrative fee
would cover the City's costs to provide administrative support. Administrative support would be
similar to that currently provided by the City to the Biscayne Point Security Guard Special
Taxing District.
JLM/JW
Page 870 of 1418
OFFICIAL EXHIBIT C
CLERIC OF Tlff BOARD
OF COUNTY CO3LILLSSIONEBS
YDAMI-DADS COUNTY.FLORIDA
MEMORANDUM
Agenda Item No. 8(H)(4)
TO: Honorable Chairwoman Audrey M.Edmonson DATE: June 4,2019
and Members,Board of County Commissioners
FROM: Abigail Price-Williams SUBJECT: Resolution relating to the Allison
County Attorney Island Security Guard Special
Taxing District located entirely
within the boundaries of the City
of Miami Beach,and bounded on
the north,east,and west by
Indian Creek,and on the west by
West 63 Street;transferring the
Special Taxing District to the
City of Miami Beach in
accordance with section 18-3.1
of the Code;approving and
authorizing the County Mayor to
execute an Interlocal Agreement
for the transfer;authorizing the
County Mayor to take all actions
necessary to effectuate same
Resolution No. R-590-19
The accompanying resolution was prepared by the Parks,Recreation and Open Spaces Department
and placed on the agenda at the request of Prime Sponsor Commissioner Eileen Higgins.
I • l
Abigail'ri,`' -Williams
County Aft/Mtn ti ey
APW/lmp
I
EXHIBIT C
•
MIAMI•DiADE
Memorandum COUNTY
Date: Tune 4,2019
To: Honorable Chairwoman Audrey M.Edmonson
and Members,Board of County missioners
From: Carlos A.Gimenez �`,� ✓IlAmp
Mayor _at/
Subject: Resolution Approving the Trans - • the Allison Island Security Guard Special Taxing •
District to the City of Miami Beach
Recommendation
On December 5, 1989,the Board of County Commissioners (Board)passed Ordinance No. 89-125,
and created the Allison Island Security Guard Special Taxing District (Special Taxing District),
located entirely within the boundaries of the City of Miami Beach (City). This Ordinance was
amended on July 9, 1991 by Ordinance No. 91-70_ Section 1.01 of the Home Rule Charter and
Section 18-3.1 of the Code of Miami-Dade County (Code), vests this Board with the power to
designate the governing body of a municipality as the governing body of an existing special taxing
district if the municipality assumes any and all liabilities of the special taxing district.The transfer of
this Special Taxing District is requested pursuant to Resolution No. 2018-30575 of the City
Commission of the City of Miami Beach passed on October 17, 2018, and attached hereto, As such,
it is recommended that the Board approve the attached resolution and interlocal Agreement
authorizing the transfer of the Special Taxing District to the City in accordance with section 18-3.1
of the Code.
•
Scope
This Special Taxing District lies within Commission District 5, which is represented by County
Commissioner Eileen Higgins.
Fiscal Impact/Funding Source
Transfer of this Special Taxing District will result in no economic impact on the Miami-Dade
County(County)budget.
Social Equity Statement
The proposed resolution transfers a special taxing district,pursuant to section 18-3.1 of the Code.If
approved,the City will be the new governing body for the Special Taxing District, and the property
owners within the Special Taxing District will continue to pay special assessments appropriately
apportioned according to the special benefit they receive from the Special Taxing District's services
regardless of their demographics, and that the total estimated amount of the special assessment to be
levied would not be in excess of such special benefit.
Track Record/Monitor
The Special Taxing District transfer will be managed by the Parks, Recreation and Open Spaces
Department(PROS)and overseen by the Chief of the Special Assessment Districts Division,Lorena
Guerra-Macias.
2-
EXHIBIT C
Honorable.Chairwoman Audrey M.Edxnonson
and Members,Board of County Commissioners
•
Page No.2
Background
Contingent upon approval of the transfer of this Special Taxing District by this Board and the City
by joint resolution, and subsequent ratification by the qualified registered voters within the Special
Taxing District, the City will become the governing body as provided in the Interlocal Agreement
between the County and the City;and will become responsible for all past and future liabilities of the
Special Taxing District. The final transfer is expected to be complete on October 1, 2020. Every
qualified registered voter residing within the Special Taxing District's boundaries will be afforded
the opportunity to vote at an election conducted by mail, estimated to be held. on December 17,
2019. The transfer will be accomplished pursuant to the attached Interlocal Agreement between the
County and the City,and will be assisted by PROS.
Boundaries: On the North,Indian Creek;
On the East,Indian Creek;
On the South,West 63rd Street;
On the West,Indian Creek.
In accordance with the requirements of section 18-3.1 of the Code, I recommend that this Special
Taxing District be transferred to the City, if approved by the referendum required subsequent to the
public hearing.
Michael SF'.g
Senior Advis+r
•
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0 11911-IX�
EXHIBIT C
5. On October 1,2020,the County will cease all involvement including all operations and.
maintenance•for the Special Taxing District,and the City will be exclusively responsible
for the Special Taxing District("Completion Bate").
6, The County will continue to provide service to the Special Taxing District between the
Transfer Date and the Completion Date("Transition Period"),but ahy action requiring
Board approval will be presented to the City Commission.
7. Prior to the Transfer Date,the Special Taxing Districts Division of the County shallprovide
to the City a preliminary financial reconciliation of all Down liabilities for the Special
Taxing District
8. Beginning otrthe Transfer Date,the City shall be responsr'blefor allpre-existing andfuture
liabilities of the Special Taxing Dist ict' vhether known or unknown,and regardless of
whether they appear onthe financial reconciliation provided by the County.
9. During the Transition Period,the Special Taxing Districts Division ofthe County will be
available to meet with the City to provide assistance with operations duestions,
10,The City shall be responsible foie establishing assessment rates and collecting assessments
for the SpecialTaxingDistrictbeginning October 1,2020. lithe City intends onusingthe
• uniform method.for the levy,collection,and enforcement of non-ad valorem,assessments,
the City shall comply withthe requirements ofsection 197.3632 of the Florida Statutes and
shall make such arrangements with The'Miami Dade County Office of the Property
Appraiser and Miami Dade County Tax Collector.
• 11.The City shall arrange for transfer of the Special Taxing District's ntility'accounts into the
City's name,to take effect no later-than September 1,2020. Such utilities include,but are
not limited-to,Florida.Power and Light and Miami Dade County Water and Sewer. •
12.Prior to the Completion Date,the City,shall assumed existing contractual obligations for
the Special Taxing District if the County cannot terminate said contracts,or shall procure
contracts with vendors to provide all necessary services to the Special Taxing District
including, but not limited to, contracts for the following services: security guards,
extermination,janitorial, gate repair, and building.xepaix. The City's contractors ahe11
commence service on October 1,2020.
13.Prior to the Completion Date, the City shall be responsible for establishing its own
Protocols and policies for accessing the Special Taxing District,incbirling,but not limited
to,the issuance anduse of access devices,if any. The County cha11 transfer to the City the
Special TaxingDistrict's entire Inventory of unissued access devices.Notwithstanding this
provision,the City agrees at all times to maintain public access to the public roads within
'the'Special Taxing District, in accordance with state law, and the Code of Miami Dade
County,Florida.
• 14.Beginning on.the Completion Date,the City Commission shall be'responsible for the
continuous operation, maintenance, repair,.and rcplaoement, when necessary, of the
2 •
0
EXHIBIT C
- Special Taxing District's improvements and systems, including,but not limited to,the
guardhouse,guardhouse air conditioning,plumbing and electrical,security cameras,and
guard gate.
15.Beginning on the Completion Date,The City shall be responsible for payment of all of the
Special Taxing District's expenses.
•
16.The County shall transfer to the City, effective on the Completion Date, any active,
transferrable warranties on.the Special Taxing District's improvements or equipment.
17.Within thirty(30)days ofthe Completion Date,the County shall provide to the City afetal
financial reconciliation of all known liabilities for the Special
r
• • Taxing
Di� �o
or the ocow cSp� constitute
e�
the Cityfozpaymnntto the � Ditrict's account
18.Within sixty(60) days of the Completion Date,the County shall remit to the City any
• remaining surplus funds in the Special Taxing District's accotmt,or shall issue an invoice
to the City for any deficit in the Special Taxing,District's account.
19_Following expiration.of all existing contractual obligations,pursuant to section 2-8.9 ofthe
Code of Miami-Dade County,the City is encouraged to pay the Living Wage.
20.To the extent allowed by,and subject to the limitations of,•section 768.28 of the Florida •
Statutes, the City does hereby agree to indemnify and hold the County, its officials,
employees and instrumentalities,harmless from any and all liability dor any damage,injury,
or claunthatmay ariseby virtue ofthe Special Taxing District,or the exercise of any rights,
obligations or actions under this Agreement,including but not limited to the City's failure
to provide services or maintain,repair,replace,or operate the improvements.
21.The undersigned further agrees that these conditions shall be deemed a continuing
obligationbotween the City and the County and shall remain in full force and effect and be
binding on the City',and any permitted successors or assigns.
. 22..ln the event that the City requests any third party to assume any of the responsibilities
hereunder,the City acknowledges that such assumption shnotwrelieve the h�y from not subject
obligations or responsibilities hereunder. Any failure by any party .
the County to any liability for any damage,injury,or claim that may arise.
23.Nothing in this Agreement,expressed or implied,is intended to:(a)confer upon any entity •
or person other than the parties and any permitted successors or assigns, any rights or
remedies under or by reason of the Agreement as a wird party beneficiary or otherwise
except as specifically provided in.this Agreement or(h)authorize anyone not a party to
this Agreement -to maintain an. action pursuant to or based upon this Agreement
Additionally,nothing herein shall be deemed to constitute a waiver of any rights under
• section 768.28 of the Florida Statutes,or as a waiver of the County's sovereign rights.
•• 3
EXHIBIT C
24.The language agreed to herein expresses the mutual intent and agreement of the County
and.the City,and shall not,as a matter of judicial construction,be construed more severely
against one of the parties fromthe other.
25.Any notices to be given hereunder shn1T be in.'writing and shall be deemed to have been
given if sent by hand delivery,recognized overnight coffer(e.g.,Federal Express);or by
• written certified U.S.mail,withreturn receipt requested,addressed to the party for whom
it is intended,at the place specified.The method of delivery shall be consiste ent among g
of the persons listed herein,For the present,the City and County design
as the respective places for notice purposes: ,
For the County:Miami-DadeMayor
Street,
111 NE et,�te 2910
Miami,FL 33128
Withy Copyto:Miami Dade Parks,Recreation,and Open Spaces Department
Attn:Director
275 NW 2"d Street,5th Floor
•
Miami,FL 33128
Miami-Dade Comity Attorney's Office,
111 NE mgt Street,Suite 2810
•
Miami,FL 33128
•
For the City: City Manager,City of Miami Beach
•
1700 Convention Center Drive,4th Floor •
Miami Bearl,FL 33139
With a Copy to:City Attorney,City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,FL 33139
IN WITNESS WHEREOF,the City and County have caused•fhis instrument to be executed by .
their respective officials thereunto duly autliorized,this the day and year above written.
CITY OF NIIAMI BEACH,a municipal
ATTEST: corporation.
By:
By:
Rafael E.Qranado,City Clerk Jimmy Morales,City Manager .
• Date
•
APPROVED AS TO
FORM&LANGUAGE
&FOR TECUTION
4 . 3- (g
My Attorney. / 'ate •
EXH I BIT C
MXAl1a DADS COu-NFY BOARD OF COUNTY COMMISSIONERS,FLORIDA
ATTEST:
By:
Mayor or Mayor's Date
Designee
HARVEY RUVIN,CLERK
By:
Deputy Clerk Date
S
EXHIBIT C
RESOLUTION NO. 2048-30576 -
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CiTY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION
184.1 OF THE MIAMI-DADE COUNTY CODE, REQUESTING THE.
MIAMI-DADS COUNTY BOARD OF COUNTY COMMISSIONERS TO
TRANSFER CONTROL OF THE ALLISON ISLAND SECURITY GUARD
. SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY, AND
TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE
GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT
TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN
THE SPECIAL TAXING DISTRICT.
WHEREAS, in 1989, the City of Miami Beach's ("City") Mayor and City Commission
and the Miami-Dade County ("County") Board of County Commissioners ("Board") approved
the creation of the Allison Island Security Guard Special Taxing District ("Special Taxing
District"j.in City Resolution No. 8819604 and County Ordinance No. 89-125 to provide 24-
hour security guard service to Allison Island;and
WHEREAS, on' February 2, 2016, the County Board adopted Ordinance No. 16-14,
creating a new Section 18-3.1 in the Miami-Dade County Code, providing that, subject to
Charter referendum approval at the November 8, 2U16 election, a municipality could be
authorized to act as the governing body of a special taxing district located entirely within its
municipal boundaries, and that control of an existing special taxing district in a municipality
could be transferred from the County Board to the governing body of such municipality; and
WHEREAS, on November 8, 2016, the electorate approved a County Charter
Amendment validating and giving effect to:County Ordinance No. 16-14; and
WHEREAS,the Allison Island Security Guard Special Taxing District is located entirely
within the boundaries of the City; and
WHEREAS, Section .18-3.1 of the County Code provides, in part, that by joint
resolutions.of the County Board and the governing body of a municipality, the governing body
of a municipality may be designated as the governing body of an existing special taxing
district located entirely within the boundaries of such municipality, subject to a majority vote of
the -qualified electors residing in the special taxing district at an election called by and
conducted as provided by the County Board; and
WHEREAS, the transfer of control of the Allison Island Security Guard Special Taxing
District from the County Board to the City has been requested and Is supported by the Allison
Island Homeowner's Association; and
WHEREAS, accordingly, the Mayor and City Commission hereby request the transfer
of control of the Allison island Security Guard Special Taxing District from the County Board
to the Mayor and City Commission of the City of Miami Beach, and the designation of the
Mayor and City Commission as the governing body of the Special Taxing District,.subject to a
majority vote of the qualified electors residing in the Special Taxing District.
9
EXHIBIT C
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission, in accordance with Section 18-3.1 of the Miami-Dade County Code, hereby
request the Miami-Dade County Board of County Commissioners to transfer control of-the
Allison Island Security Guard Special Taxing District from the County to.the City, and to
designate the Mayor and City Commission as the governing body of the Special Taxing
District, subject to a majority vote of the qualified. electors residing In the Special Taxing
District; and, further authorize the City. Manager to do all things necessary to carry out the
intent of this Resolution and direct the City Clerk to transmit a copy of this Resolution to
Mayor Carlos A. Gimenez and members of the Miami-Dade County Board of County
Commissioners.
PASSED AND ADOPTED this 17th day of October,2013.
ATTEST: • Dan Gelber, Mayor
YS
L
3Q '
Rafa I E. Granado,Ci y •ierk APPROVED As TO
'_``,�y�������„��� FORM &LANGUAGE
1 •&FOR ECUTION
� ,.., .. �u w 11 —(
a .
14,, ,,� ._,._.
City Attorney -7s5c Dote
-
'_iNCORP ORATED
tlt C";142611‘
•
1 .
1
•
to
EXHIBIT C
;Rot*, MEMORANDUM
(Revised)
•
TO: Honorable Chairwoman Audrey M.Edmonson DATE: June 4, 2019
and Members,Board of County Commissioners
•� j I!1 , "`I 1,4
P'ROi : 'Tail 'rice- "i Tams SUBJECT: Agenda Item No. 8(H)(4)
!unty Attorney
Please note any items checked.
"3-Day Rule"for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
•
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote(i.e.,2/3's
present ,2/3 membership ,3/5's ,unanimous , CDMP
7 vote requirement per 2-116,1(3)(h) or(4)(c) , CDMP 2/3 vote
requirement per 2-116.1(3)(h) or(4)(c) , or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) ) to approve
Current information regarding funding source,index code and available
balance, and available capacity(if debt is contemplated)required
/ 1
EXHIBIT C
Approved Mayor Agenda Item No. 8(H)(4)
Veto 6-4-19
Override
RESOLUTION NO. R-590-19
RESOLUTION RELATING TO THE ALLISON ISLAND
SECURITY GUARD SPECIAL TAXING DISTRICT
LOCATED ENTIRELY WITHIN THE BOUNDARIES OF THE
CITY OF MIAMI BEACH,AND BOUNDED ON=NORTH,
EAST,AND WEST BY INDIAN CREEK,AND ON THE WEST
BY WEST 63 STREET; TRANSFERRING THE SPECIAL
TAXING DISTRICT TO THE CITY OF MIAMI BEACH IN
ACCORDANCE WITH SECTION 18-3.1 OF THE CODE OF
MIAMI-DADE COUNTY;APPROVING AND AUTHORIZING
THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE
TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE
TRANSFER; AUTHORIZING THE COUNTY MAYOR OR
COUNTY MAYOR'S DESIGNEE TO TAKE ALL ACTIONS
NECESSARY TO EFFECTUATE SAME
WHEREAS, the Board of County Commissioners ("Board") desires to accomplish the
purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by
reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA,that:
Section 1.This Board incorporates the matters set forth in the foregoing recitals as part of this
Resolution.
Section 2.Pursuant to section 18-3.1 of the Code,this Board designates the governing body
of the City of Miami Beach as the governing body of the Allison Island Security Guard Special
Taxing District.
Section 3. The City of Miami Beach shall be responsible for all pre-existing and future
liabilities,for the protection of any creditors,whether known or unknown.
lo"
EXHIBIT C
Agenda Item No. 8(H)(4)
Page No.2
Section 4.This Board hereby approves the Interlocal Agreement in substantially the form
attached to the County Mayor's memorandum, both of which are incorporated by reference,
between Miami-Dade County and the City of Miami Beach,and authorizes the County Mayor or
County Mayor's designee to execute said agreement.
Section 5. The City of Miami Beach will take full control of the Allison Island Security
Guard Special Taxing District as provided in the Interlocal Agreement.
Section 6.The provisions of this Resolution shall take effect when approved by a majority
vote of the qualified electors residing in the Special Taxing District at an election to be called by
this Board and noticed and conducted as this Board shall determine by Resolution.
The foregoing resolution was offered by Commissioner José "Pepe" Diaz
who moved its adoption. The motion was seconded by Commissioner Rebeca Sosa and
upon being put to a vote,the vote was as follows:
Audrey M.Edmonson,Chairwoman aye
Rebeca Sosa,Vice Chairwoman aye
Esteban L.Bovo,Jr. aye Daniella Levine Cava aye
Jose"Pepe"Diaz aye Sally A.Heyman absent
Eileen Higgins aye Barbara J.Jordan aye
Joe A.Martinez aye Jean Monestime aye
Dennis C.Moss aye Sen.Javier D.Souto absent
Xavier L. Suarez aye
/3
EXHIBIT C
Agenda Item No. 8(H)(4)
• Page No.3
The Chairperson thereupon declared the resolution duly passed and adopted this 4th day of
June,2019. This resolution shall become effective upon the earlier of(1) 10 days after the date of
its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon
an override by this Board, or(2) approval by the County Mayor of this Resolution and the filing
of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY,FLORIDA
BY ITS BOARD OF
OMM1 COUNTY COMMISSIONERS
*3-04 SI
q0 o HARVEY RUVIN, CLERK
cou rry
m---
' • Linda L. Cave
*.*
By:
Deputy Clerk
Approved by County Attorney as -
,
to form and legal sufficiency. ___
Daija Page Lifshitz
EXHIBIT D
OFFICIALFMECOPY
CLERK OF TEE HOARD
OF COUNTY COMMISSIONERS
MIA II-DADE COUNTY,FLORIDA
MEMORANDUM
Agenda Item No. 8(H)(5)
TO: Honorable Chairwoman Audrey M.Edmonson DATE: June 4,2019
and Members,Board of County Commissioners
FROM: Abigail Price-Williams SUBJECT: Resolution calling special
County Attorney election in the Allison Island
Security Guard Special Taxing
District located entirely within
the boundaries of the City of
Miami Beach,bounded on the
north,east,and west by Indian
Creek,and on the west by West
63 Street,for the purpose of
submitting to qualified electors
residing in the Special Taxing
District,for their approval or
disapproval,a resolution
designating the City of Miami
Beach as the governing body of
the Special Taxing District
pursuant to section 18-3.1 of the
Code
Resolution No. R-591-19
The accompanying resolution was prepared by the Parks,Recreation and Open Spaces Department
and placed on the agenda at the request of Prime Sponsor Commissioner Eileen Higgins.
II1
� �
Abigail ' ce-Wi lams
County • �.rney
APW/lmp
EXHIBIT D
'N , MEMORANDUM
(Revised) •
TO: Honorable Chairwoman Audrey M.Edmonson DATE: June 4, 2019
and Members,Board of County Commissioners
'U j i(1 ,..• it l,< `.
FROM: ' tigail 'rice- "i iams SUBJECT: Agenda Item No, 8(H)(5)
4 r!tufty Attorney
•
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of so cial equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote(i.e.,2/3's
present ,2/3 membership ,3/5's ,unanimous , CDMP
7 vote requirement per 2-116.1(3)(h) or(4)(c) , CDMP 2/3 vote
requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) ) to approve
Current information regarding funding source,index code and available
balance, and avRib ble capacity(if debt is contemplated)required
•
2
EXHIBIT D
Approved ` Mayor Agenda Item No. 8(H)(5)
Veto 6-4-19
Override
RESOLUTION NO. R-591-19.
RESOLUTION CALLING SPECIAL ELECTION IN THE
ALLISON ISLAND SECURITY GUARD SPECIAL TAXING
DISTRICT LOCATED ENTIRELY WITHIN THE
BOUNDARIES OF THE CITY OF MIAMI BEACH,
BOUNDED ON THE NORTH,EAST,AND WEST BY INDIAN
CREEK, AND ON THE WEST BY WEST 63. STREET, FOR
THE PURPOSE OF SUBMITTING TO QUALIFIED
ELECTORS RESIDING IN THE SPECIAL TAXING
DISTRICT, FOR THEIR APPROVAL OR DISAPPROVAL, A
RESOLUTION DESIGNATING THE CITY OF MIAMI
BEACH AS THE GOVERNING BODY OF THE SPECIAL
TAXING DISTRICT PURSUANT TO SECTION 18-3.1 OF
THE CODE OF MIAMI DADE COUNTY,FLORIDA
WHEREAS, on June 4, 2019 , this Board passed Resolution R-59°-19 approving
the transfer of the Allison Island Security Guard Special Taxing District to the City of Miami
Beach;and
WHEREAS,section 1.01 of the Home Rule Charter provides that the governing body of
a municipality may be the governing body of a special taxing district located entirely within the
municipality if the municipality assumes any and all liabilities of the special taxing district; and
WHEREAS, section 18-3.1 of the Code of Miami-Dade County, Florida, as amended,
presently provides that a resolution approving the transfer of such a special taxing district shall
take effect when approved by a majority vote of the qualified electors residing in the district voting
at an.election to be called by the Board and noticed and conducted in such manner as the Board
shall by resolution determine,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA,that:
EXHIBIT D
Agenda Item No. 8(H)(5)
Page No, 2
Section 1. In accordance with the provisions of section 18-3.1 of the Code of Miami
Dade County,Florida, a special election is hereby called and shall be held within the boundaries
of the Allison Island Security Guard Special Taxing District,for the purpose of submitting to the
qualified electors residing in the said district, for their approval or disapproval, Resolution No.
entitled:
RESOLUTION RELATING TO THE ALLISON ISLAND
SECURITY GUARD SPECIAL TAXING DISTRICT
LOCATED ENTIRELY WITHIN THE BOUNDARIES OF
THE CITY OF MIAMI BEACH, AND BOUNDED ON THE
NORTH,EAST,AND WEST BY INDIAN CREEK,AND ON
THE WEST BY WEST 63 STREET; TRANSFERRING THE
SPECIAL TAXING DISTRICT TO THE CITY OF MIAMI
BEACH IN ACCORDANCE WITH SECTION 18-.3.1 OF THE
CODE OF MIAMI-DADE COUNTY; APPROVING AND
AUTHORIZING THE COUNTY.MAYOR OR COUNTY
MAYOR'S DESIGNEE TO EXECUTE AN INTERLOCAL
AGREEMENT FOR THE TRANSFER;AUTHORIZING THE
COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO
TAKE ALL ACTIONS NECESSARY TO EFFECTUATE
SAME
Section 2. Notice of such special election shall be published in accordance with section
100.342,Florida Statutes.
Section 3. The results of such special election shall be determined by a majority of the
qualified electors residing in the Allison Island Security Guard Special Taxing District voting at
such special election. All qualified electors residing in the Allison Island Security Guard Special
Taxing District shall be entitled to vote at said special election.
Section 4. The County registration books shall remain open at the Office of the Miami-
Dade County Supervisor of Elections until November 18,2019 at which date the registration books
shall close in accordance with the provisions of the general election laws.
L
EXHIBIT D
Agenda Item No. 8(H)(5)
Page No.3
Section 5. Mailed ballots,as prescribed by the Code of Miami-Dade County,shall be
used in this special election.The Supervisor of Elections shall cause such ballots to be sent by mail.
to all qualified electors residing in said district, at least ten(10) calendar days prior to the date of
said special election.
Section 6. The special election shall be held on December 17, 2019. AU marked
ballots must be received by 7:00 p.m. on the day of said election.
Section 7. The question which shall appear on the ballot shall be in substantially the
following form:
TRANSFER OF THE ALLISON ISLAND
SECURITY GUARD SPECIAL TAXING DISTRICT
Shall the City of Miami Beach become the governing body of the
Allison Island Security Guard Special Taxing District so that the City,
instead of Miami-Dade County, exercises ownership and control of
the District as set forth in County Resolution R-590-19 and City
Resolution No.2018-30575?
YES L
NO ❑
Section 8. This special election shall be held and conducted in accordance with the
County Code and other applicable provisions of the general laws relating to special elections.The
County Mayor or County Mayor's designee,the Finance Director,the Supervisor of Elections,and
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.
Section 9. This special election shall be canvassed by the County Canvassing Board
as provided under the election laws of this State,in accordance with the provisions of Section 3.07
of the Home Rule Charter.
6
EXHIBIT D
Agenda Item No. 8(H)(5)
Page No.4
The foregoing resolution was offered by Commissioner Jose "Pepe"Diaz
who moved its adoption. The motion was seconded by Commissioner Rebeca Sosa and
upon being put to a vote,the vote was as follows:
Audrey M.Edmonson,Chairwoman aye
Rebeca Sosa,Vice Chairwoman aye
Esteban L.Bovo,Jr. aye - Daniella Levine Cava aye
Jose"Pepe"Diaz aye Sally A.Heyman absent
Eileen Higgins aye Barbara J.Jordan aye
Joe A.Martinez aye Jean Monestime aye
Dennis C.Moss aye Sen.Javier D.Souto absent
Xavier L. Suarez aye
The Chairperson thereupon declared the resolution duly passed and adopted this 4th day of
June,2019. This resolution shall become effective upon the earlier of(1) 10 days after the date of
its adoption unless vetoed by the County Mayor, and if vetoed,shall become effective only upon
an override by this Board, or(2)approval by the County Mayor of this Resolution and the filing
of this approval with the Clerk of the Board.
MIA.MI-DADE COUNTY,FLORIDA
BY ITS BOARD OF
c,o m Mrs COUNTY COMMISSIONERS
Z .P ao O
C •
OUNTY Z HARVEY RUVIN,CLERK
o s
*}* Linda L. Cave
By:
Deputy Clerk
Approved by County Attorney as to form and legal sufficiency. *I;
Daija Page Lifshitz
4
Resolutions -R7 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING AND ACCEPTING THE
RESOLUTION PASSED BY MIAMI-DADE COUNTY APPROVING THE
EXECUTION OF AN INTERLOCAL AGREEMENT FOR THE TRANSFER OF
CONTROL FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI BEACH
OF THE ALLISON ISLAND SECURITY GUARD SPECIAL TAXING
DISTRICT LOCATED ENTIRELY WITHIN THE CITY, AND AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THE INTENT OF THIS RESOLUTION.
Applicable Area
North Beach
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Strategic Connection
Neighborhoods-Prevent and solve crime for residents and visitors.
Legislative Tracking
Office of Management and Budget
ATTACHMENTS:
Description
o Memo-Transfer of Allison Island Security Guard Special Taxing District
❑ Resolution and Attachments
Page 1290 of 1618
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RATIFYING AND ACCEPTING THE RESOLUTION PASSED BY
MIAMI-DADE COUNTY APPROVING THE EXECUTION OF AN INTERLOCAL
AGREEMENT FOR THE TRANSFER OF CONTROL FROM MIAMI-DADE COUNTY TO
THE CITY OF MIAMI BEACH OF THE ALLISON ISLAND SECURITY GUARD SPECIAL
TAXING DISTRICT LOCATED ENTIRELY WITHIN THE CITY,AND AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT
OF THIS RESOLUTION.
ADMINISTRATION RECOMMENDATION
The Administration is requesting that the Mayor and City Commission hereby ratify and accept
Miami Dade County ("County") Resolution No. R-590-19 approving the transfer of control of the
Allison Island Security Guard Special Taxing District("Special Taxing District")to the City of Miami
Beach ("City")designating the City as the governing body of the Special Taxing District pursuant to
Section 18-3.1 of the Code of Miami-Dade County.
STRATEGIC PLAN SUPPORTED
Organizational Innovation— Ensure strong fiscal stewardship
ANALYSIS
The Mayor and City Commission of the City of Miami Beach and the County Board of
County Commissioners ("Board") approved the creation of the Allison Island Security Guard
Special Taxing District in City Resolution No. 89-19604 and County Ordinance No. 89-125 to
provide 24-hour security guard service to Allison Island.
Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016,
County Ordinance No. 16-14 was given effect which created a new Section 18-3.1 in the Miami-
Dade County Code.This new County Code Section provides,in part,that by joint resolutions of the
County Board and the governing body of a municipality, the governing body of a municipality may
be designated as the governing body of an existing special taxing district located entirely within the
boundaries of such municipality, subject to a majority vote of the qualified electors residing in the
special taxing district at an election called by and conducted as provided by the County Board. In
addition, the County has advised that interlocal agreements with the County Board and with the
County Tax Collector and Property Appraiser would be needed to effectuate a transfer of control.
Page 1291 of 1618
Allison Island Security Guard Special Taxing District
Page 2
The transfer of control of the Allison Island Security Guard Special Taxing District from the County
Board to the Mayor and City Commission of the City of Miami Beach is supported by the Allison
Island Homeowners Association.At the October 17,2018 City Commission meeting,the Mayor and
City Commission adopted Resolution No. 2018-30575 requesting the County to transfer control of
the Allison Island Security Guard Special Taxing District from the County Board to the Mayor and
City Commission of the City of Miami Beach, and to designate the Mayor and City Commission as
the governing body of the Special Taxing District, subject to County approval and a majority vote of
the qualified electors residing in the Special Taxing District.
On June 4, 2019, the County passed and adopted Resolution No. R-590-19, which approved the
execution of an interlocal agreement for the transfer of control of the Special Taxing District,subject
to the City passing a resolution ratifying and accepting the County's approval of the execution of an
interlocal agreement.
In addition,on June 4,2019,the County passed and adopted Resolution No. R-591-19 which called
a special election for the Special Taxing District, and provided that the special election shall be held
within the boundaries of the Special Taxing District, and set forth the ballot question to be presented
for approval or disapproval by a mailed ballot and the noticing requirements and registration
deadline, and provided that the special election shall be held on December 17, 2019 and that all
marked ballots must be received by 7:00 pm on that day.
On December 17, 2019, the voters of the Allison Island Security Guard Special Taxing District
unanimously approved the transfer of control of the Special Taxing District from the County to the
City by 100% as further detailed in Letter to Commission (LTC) 644-2019 dated December 23,
2019.
All other timelines are tentatively scheduled as follows:
• The City became the new governing body of the Special Taxing District twelve days after
the election and will determine how to proceed with contracts including but not limited to
electrical, security, and equipment services.
• By March 1, 2020, the City is required to hold a public hearing for the levy, collection, and
enforcement of Non-Ad Valorem assessments utilizing the uniform method as required by
Section 197.3632(3)(a), Florida Statutes.
• In July 2020, the City is required to submit the final folio and non-ad valorem rates to the
County.
• The deadline for the City to adopt a non-valorem assessment roll is September 15, 2020.
• Official transfer of the Special Taxing District to the City will occur on October 1, 2020.
FINANCIAL INFORMATION
Currently, the Allison Island Security Guard Special Taxing District has an annual budget of
approximately$274,095 for Fiscal Year 2020. The County collects an administrative fee to offset
costs related to administering service contracts and providing fiscal support for the District.
Administrative support provided by the City would be similar to that currently provided by the City to
the Biscayne Point Security Guard Special Taxing District.
JLM/JW/TOS
Page 1292 of 1618