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2017-30123 ResolutionRESOLUTION NO. 2017 - 30123 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING AND ACCEPTING RESOLUTIONS PASSED BY MIAMI -DADE COUNTY APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT AND CALLING FOR A SPECIAL ELECTION NECESSARY FOR THE TRANSFER OF CONTROL FROM MIAMI -DADE COUNTY TO THE CITY OF MIAMI BEACH OF THE BISCAYNE POINT 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, Miami -Dade County ( "County ") approved the creation of the Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") in County Ordinance No. 90 -52, as amended by County Ordinance No. 07 -62; 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. 2017 -29909 (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 in Resolution No. 2017 -29989 (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 and the calling of a special election in the Special Taxing District; and WHEREAS, on November 7, 2017, the County passed and adopted Resolution No. R- 1019 -17, 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 November 7, 2017, the County passed and adopted Resolution No. R- 1020 -17, 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 January 23, 2018 and that all marked ballots must be received by 7:00 pm on that day (Exhibit "D "); 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: a) County Resolution No. R- 1019 -17 approving the transfer of control of the Special Taxing District and the interlocal agreement, and b) County Resolution No. R- 1020 -17 calling for a special election in the Special Taxing District to seek approval or disapproval of a resolution 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 a) ratify and accept County Resolution No. R- 1019- 17 approving the transfer of control of the Special Taxing District and the interlocal agreement, and b) ratify and accept County Resolution R- 1020 -17 calling for a special election in the Special Taxing District to seek approval or disapproval from the qualified electors residing in the Special Taxing District of a resolution 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 13th day of December, 2017. ATTEST: R.' ael E. Granado, City Cle "`w i....". ''.- . n p P:\ATTO \TURN \RESOS \Bisca ne Point Sec f t g .9.F fT 2 r y ty Guy ci mg isteiot Spe �: A ; N CH (21E; O°y Dan Gelber, Mayor Election.docx APPROVED AS TO FORM & LANGUAGE & F XECUTION City Attorney - Dote RESOLUTION NO. 2017 -29909 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 BISCAYNE POINT 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 1990, 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 Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") in City Resolution No. 90 -19919 and County Ordinance No, 90 -52 to provide 24- hour security guard service to Biscayne Point; and WHEREAS, the City's Mayor and City Commission and the County Board approved an amendment to the Biscayne Point Security Guard Special Taxing District in City Resolution No. 2006- 26201 and County Ordinance No. 07 -62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse; 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 Biscayne Point 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 Mayor and City Commission hereby request the transfer of control of the Biscayne Point 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 EXHIBITA 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. 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 Biscayne Point 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 olg day of June, 2017. ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:IATTOITURN\RESOS1Biscayne Point Security Guard Special Taxing District 2017 RESO.doc Date MIAMI BEACH Resolutions - R7 A COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: June 28, 2017 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 BISCAYNE POINT 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. ANALYSIS Pursuant to the request of Commissioner Michael Grieco, the above- referenced Resolution requesting the transfer of control of the Biscayne Point 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 Biscayne Point Homeowners Association and would be subject to County approval and a majority vote of qualified electors residing in the Special Taxing District. In 1990, 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 Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") in City Resolution No. 90 -19919 and County Ordinance No. 90 -52 to provide 24 -hour security guard service to Biscayne Point. Thereafter, in 2006 and 2007, respectively, the City's Mayor and City Commission and the County Board approved an amendment to the Special Taxing District in City Resolution No. 2006 -26201 and County Ordinance No. 07 -62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse. 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 179 of 230 Legislative Tracking Office of the City Attorney Sponsor Commissioner Michael Grieco ATTACHMENTS: Description o Biscayne Point Security Guard Special Taing Distict Reso FA Page 180 of 230 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305-673-74111 July'6, 2017 Honorable Mayor Carlos A. Gimenez Stephen P. Clark Center 111 N,W. 1st Street Miami, FL 33128 Dear Honorable Mayor Gimenez, Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305 -673 -741 1 July 6, 2017 Commissioner Barbara J. Jordan Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL 33128 Dear Commissioner Jordan, Attached please find a copy of City of Miami Beach Resolution No. 2017- 29909: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18 -3.1 OF THE M1AMI -DADE COUNTY CODE, REQUESTING THE MIAMI -DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017, If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www:miomibeachfl.gov Office of the City Clerk Tel: 30.5-673-7411 July 6, 2017 Commissioner Jean Monestime Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL 33128 Dear Commissioner Monestime, Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909, 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, <j Rafael E. Granada City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov Office of the City Clerk Tel: 305 -673 -7411 July 6, 2017 Vice -Chair Audrey Edmonson Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL 33128 Dear Vice -Chair Edmonson, Attached please find a copy of City of Miami Beach Resolution No. 2017- 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305 - 673.7411 JuIy6, 2017 Commissioner Sally A. Heyman Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL 33128 Dear Commissioner Heyman, Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfu Ily, `era Rafael E. Granado City Clerk c: Commissioner Michael Grieco M City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305 -473 -7411 July 6, 2017 Commissioner Bruno A. Barreiro Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL. 33128 Dear Commissioner Barreiro, Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909: 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 -DADS COUNTY CODE, REQUESTING THE MIAMI -DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfIgov Office of the City Clerk Tel: 305- 673 -7411 July 6, 2017 Commissioner Rebeca Sosa Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL 33128 Dear Commissioner Sosa, Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach an June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov Office of the City Clerk Tel: 305-673-7411 July 6, 2017 Commissioner Xavier L. Suarez Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL 33128 Dear Commissioner Suarez, Attached please find a copy of City of Miami Beach Resolution No. 2017- 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl,gov Office of the City Clerk Tel: 305-673-7411 July 6, 2017 Commissioner Danielle Levine Cava Stephen P. Clark Center 111 N.W. 1st Street, Suite 220 Miami, FL 33128 Dear Commissioner Cava, Attached please find a copy of City of Miami Beach Resolution No. 2017- 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017, If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1 700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov Office of the City Clerk Tel 305-673.7411 July 6, 2017 Commissioner Dennis C. Moss Stephen P. Clark Center 111 N.W. 1st Street, Suite 320 Miami, FL 33128 Dear Commissioner Moss, Attached please find a copy of City of Miami Beach Resolution No, 2017 - 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov Office of the City Clerk Tel: 305 -673 -7411 July 6, 2017 Commissioner Javier D. Souto Stephen P. Clark Center 111 N.W. 1st Street, Suite 320 Miami, FL 33128 Dear Commissioner Souto, Attached please find a copy of City of Miami Beach Resolution No, 2017-29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachFl.gov Office of the City Clerk Tel: 305-673-7411 July 6, 2017 Commissioner Joe A. Martinez Stephen P. Clark Center 111 N.W. 1st Street, Suite 320 Miami, FL 33128 Dear Commissioner Martinez, Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov Office of the City Clerk Tel: 305 - 673 -7411 July 6, 2017 Commissioner Jose "Pepe" Diaz Stephen P. Clark Center 111 N.W. 1st Street, Suite 320 Miami, FL 33128 Dear Commissioner Diaz, Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017, If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305- 673 -7411 July 6, 2017 Chairman Esteban Bovo, Jr. Stephen P. Clark Center 111 N.W. 1st Street, Suite 320 Miami, FL 33128 Dear Chairman Bova, Jr., Attached please find a copy of City of Miami Beach Resolution No. 2017 - 29909: 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 BISCAYNE POINT 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. This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on June 28, 2017. If you need additional information, please do not hesitate to call. Respectfully, Rafael E. Granado City Clerk c: Commissioner Michael Grieco RESOLUTION NO. 2017.29989 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 BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI -DADE COUNTY, WHICH PROVIDES FOR THE TRANSFER OF CONTROL OF THE BISCAYNE POINT 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 '1990, 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 Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") in City Resolution No. 90 -19919 and County Ordinance No. 90 -52 to provide 24- hour security guard service to Biscayne Point; and WHEREAS, the City's Mayor and City Commission and the County Board approved an amendment to the Biscayne Point. Security Guard Special Taxing District in City Resolution No, 2006 - 26201 and County Ordinance No. 07 -62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse; 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 ylection, a municipality could be authorized to act as the governing body of a special taxing district Iocated 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(4)(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 Biscayne Point 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 Iocated 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 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 Biscayne Point 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 Biscayne Point Homeowners Association; and WHEREAS, at the June 26, 2017 City Commission meeting., the Mayor and City Commission adopted Resolution No, 2017 - 29909, sponsored by Commissioner Michael Grieco, requesting the County to transfer control of the Biscayne Point 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 the attached Agreement for Transfer of the Biscayne Point 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 the 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 attached and as acceptable to the City Manager and City Attorney, the Agreement for Transfer of the Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami -Dade County, which Agreement provides for the transfer of control of the Biscayne Point Special Taxing District from the County to the City and the designation of the Mayor and City 2 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 o? day of September, 2017. ATTEST: (S, 4/ V1 Rafael Granad , City Clerk F:WTTO \TURN \RESOS \6lacayne Point Security Guard Special Taxing Mirka 2017 RESO Addendum of 072817 meeting•reVialon,doo APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4°4 ( ( tri City Attorney pate 3 MIAMI BEACH Resolutions - C7 0 COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 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 BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI -DADE COUNTY, WHICH PROVIDES FOR THE TRANSFER OF CONTROL OF THE BISCAYNE POINT 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, RECOMMENDATION Adopt this resolution and authorize the City Manager to execute the interlocal agreement with Miami - Dade County, ANALYSIS The Administration Is requesting that the Mayor and City Commission hereby authorize 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 Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami -Dade County, which Agreement provides for the transfer of control of the Biscayne Point 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, In 1990, 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 Biscayne Point Security Guard. Special Taxing District ( "Special Taxing District ") in City Resolution No. 90- 19919 and County Ordinance No. 90 -52 to provide 24 -hour security guard service to Biscayne Point, Thereafter, in 2006 and 2007, respectively, the City's Mayor and City Commission and the County Board approved an amendment to the Special Taxing District in City Resolution No. 2006 -26201 and County Ordinance No. 07 -62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse. 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 Page 528 of 2353 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. The transfer of control of the Biscayne Point 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 Biscayne Point Homeowners Association. At the June 26, 2017 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2017. 29909, sponsored by Commissioner Michael Grieco, requesting the County to transfer control of the Biscayne Point 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. Execution of the Agreement for Transfer of the Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami -Dade County ( "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 the Agreement, substantially in the form attached hereto and as acceptable to the City Manager and the City Attorney Following the approval of the Agreement and between October and December of 2017, the Miami- Dade Board of County Commissioners (BCC) will hold a public hearing, propose a resolution calling for a special election for Biscayne Point resident to approve the transfer of the Special Taxing District and accept and ratify any resolutions. Elections are tentatively scheduled for late January 2018. All other timelines are dictated by the date and outcome of the elections and are tentatively scheduled as follows: • In February 2018 the City will become the new governing body of the Special Taxing District and will determine how to proceed with contracts Including but not limited to electrical, security and equipment services. • In July 2018 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 16, 2018. • Official transfer of the Special Taxing District' to the City will occur on October 1, 2018. CONCLUSION The Administration recommends that the Mayor and City Commission approve this resolution to authorize the City Manager to execute the interlocal agreement with Miami -Dade County. FINANCIAL. INFORMATION Currently, the Special Taxing District has an annual budget of $243,000. The County collects $30,100 as an administrative fee to offset costs related to administering service contacts and providing fiscal support for the District. Administrative support would be similar to that currently provided by the City to the Normandy. Shores District. Page 529 of 2353 Legislative Trackl g Finance ATTACHMENTS: Description c Agreement c Resolution Page 530 of 2353 TRANSFER OF THE IISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT FROM MIAMI -DADE COUNTY TO THE CITY OF MIAMI :EACH THIS AGREEMENT FOR TRANSFER OF THE BISCAY'NE 'POINT SECURITY GUARD SPECIAL., TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI -DADE COUNTY (AGREEMENT), made and entered into this day of _ , 2017, 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 "). "WTTN ! SSETH WHEREAS, the City has requested transfer of the ownership of the assets and control of the Biscayne Point 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 'Faxing 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 hill 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 Mlami- .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 shall 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, tmless a contest of the election is filed pursuant to section 102.].68 of the Florida Statutes, the Board of County Commissioners (° `Hoard ") 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. Page 531 of 2353 . 5. On October 1, 2018, the County will cease all involvement, including all operations and maintenance for. the Special Taxing District, and the City will be exclusively responsible fir 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 financial 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, 2018. 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 Miami4Dade 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, 2018. Such utilities include, but are not limited to, Florida Power and Light and Miami -Dade County Water and Sewer. 1.2. 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, 2018, 13, Prior to the Completion Date, the City shall establish its own protocols and policies for . the issuance and use of the Special Taxing District's access :devices, and the County shall transfer to the City the Special Taxing District's entire inventory of unissued access devices, 14. Beginning on the .Completion Date, the City Commission shall be responsible for the continuous operation, maintenance, repair, and replacement, when necessary, of the 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, 2 Page 532 of 2353 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.Distriet'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 liability for any damage, injury, or claim that may arise 'by virtue of the Special Taring 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 hill force and effect and be binding on the City, and any permitted suooessors 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 768,28 ofthe Florida Statutes, or as a waiver ofthe County's sovereign rights, 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. 3 Page 533 of 2363 City: County: City of Miami Beach 1700 Convention Center Drive Miarn Beach, FL 33139 Attn: City Manager Miami-Dade County Stephen P, Clark Center 111 Northwest First Street Miami, Florida 33128 Attn: Special Taxing District Division TN WITNESS WITERt0F, the City of Miami has caused this instalment to be .executed by its respective officials thereunto duly authorized, this the day and year above written, CITY OF MIAMI BEACH, a municipal ATTEST: corporation By: By: Rafael E. Qranado, City Clerk Jimmy Morales, City Manager APPROVED AS TO Form & LANGUAGE FO EXECUTION 15 city Attotney Dote MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA ATTEST: By: Mayor or Mayor's Date Designee HARVEY RUM, CLERK By Deputy Clerk Date 4 Page 534 of 2353 OFFICIAL FILE COPY CLERK OF THE SOAW COVN7Y COMMISSIONERS MIAMIOADE COUNTY, FLORIDA MEMORANDUM Agenda Item No. 8(H) (11) TO: Honorable Chairman Esteban L. Bovo, Jr. DATE: November 7, 2017 and Members, Board of County Commissioners FROM: Abigail Price-Williams County Attorney SUBJECT: Resolution relating to the Biscayne Point Security Guard Special Taxing District located entirely within the boundaries of the City of Miami Beach, and bounded on the north and west by Biscayne Bay, on the east by a canal running parallel to Hawthorne Avenue, and on the south by Biscayne Point Creek; transferring the Special Taxing District to the City of Miami Beach in accordance with section 18-3.1 of the Code of Mami- Dade County; 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-1019-17 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 Sally A. Heyman, APW/cp 1/ n ililams 11 County orney EXHIBIT C Date: November 7, 2017 To: MIAMF[7WIb Memorandum caurirr Honorable Chairman Esteban L. Bovo, ,Tr. and Members, Board of C ;.i � onuraissi s From: Carlos A. Gimene �,A� Mayor Subject: Resolution Approving the Transfe s,sf the Biscayne Point Security Guard Special Taxing District to the City of Miami Beach Recommendation On June 5, 1990, the Board of County Commissioners (Board) passed Ordinance No. 90 -52, and created the Biscayne Point 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 April 26, 2007 by Ordinance No. 07 -62. Section 1,01 of the Home Rule Charter and section 18 -3,1 of the Code of Miami -Dade County (Code) vest 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. 2017 -29909 of the City Commission of the City of Miami Beach passed on June 28, 2017, 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 4, which is represented by County Commissioner Sally A. Heyman. Fiscal Iin gct/Funding Source Transfer of this Special Taxing District will result in no economic impact to 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/Menitor 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 Taxing Districts Division, Michael R. Bauman. Honorable Chairman Esteban L. Bova, Jr. 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, 2018. 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 January 23, 2018. 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, Biscayne Bay; On the East, a Canal running parallel to Hawthorne Avenue; On the South, Biscayne Point Creek; On the West, Biscayne Bay. In accordance with the requirements of section 18-3.1 of the Code, 1 recommend that this Special Taxing District be transferred to the City, if approved by the referendum required subsequent to the public hearing. Michael Spr ng Senior Advisor naNsritR co Ti E BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT FROM MIAIVH-DA.DE COUNTY TO THE CITY O1 MIAMI BEACH 'nits AGREEMENT FOR 'TRANSFER OF 'ME BISCAYNE POINT SECURITY GUARD SPEeCIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAIVII-DAD.8 COUNTY (AGREVIENT), made and entered into this day of 2017, by and between the an OF MMMI BEACH, FLORIDA, a Municipal corporation of the STATE OF FLORIDA (hereinafter referred to as the "City") and MIAIVILDADE 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 Biscayne Point 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 WFTREAS, the City and the County aro mutually desirous of transferring. the Special 'Taxing Distrietto 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 imknown, NOW,.TIIEREFORE, in consideration of the covenants herein provided, the City of tvIlarn1 Beach and Miami-Dade County agree as follows: I. The fbregoing recitals are incorporated herein, 2, This Agreement shall become effective upon th e last effective date of a joint resolution transferring the Special Taxing District, and a favorable election &the residents for the transfer ("Effective Date"). Either party may terminate this Agreement prior to the] Oiilt resolution being passed by both the Board of County Commissioners and the City Commission. 3. Priorto passing the. joint resolution, the City shall have the tight to 'conduct due diligence, including an inspection of the Special Taxing Distriet's improvements. 4_ Twelve (12) days after the 'Motive Date, unless a contest of the election is filed.purstaant to section 102.16g of the Florida Statutr,s, the Beard of County Commissioners (tl3oarcl") 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 rfransfer 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. Page 532 of 279 5. On Oetnher 1, 2018, the County will cease all involvement, including all operations and maintenance for the Special Taxing District, and the City will be exelusively responsible for the Special Taxing District.(` °Completion Data "). 6; The County will continue to provide service to the Special Taxing District between the Transfer Date and the Cornpleticti 'Date ( "Transit1op Period "), but any action requiring Hoard 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 financial reconciliation of all known liabilities for the Speeial 'Taxing District, 8., Beginning.on the Transfer Date, the City alma be re poneible for all pre - existing and lure liabilities of the Special Taxing . District, whether known or unknown, and regardless of whether they appear ()tithe financial reconciliation provided by the. County. 9. During tire, 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 responsibite for establishing assessment rates and collecting assessments for the Special Taxing District beginnieg Oetober 1, 2018. if the City intends On using the uniform method for the levy, collection, and enforcement of note -ad valorem assessments, the City shall comply with the requirements of section 197.3632 of the :Elrrrldaa •Statutes and shall make such arrangements with the Miami -Dade County Office of the property Appraiser artd Miami -]fade County Tex Collector. 11. The City ehall arrange for teansfer of The Special. Taxing District's utility accounts into the City's name, to take effect no later than September .l, 2018, Such utilities include, but are not limited to, Florida .Power and :Light and Mvl at7ni -Dade County Water and Sower. 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 alf necessary services to the Special Taxing District, including, but not limited to, contracts for the following services; security guards, externtination, janitorial, gate repair, and building repair, The City's contractors shall commence service on October 1,, 2018. 13. Prior to the Completion Date, the. City shall establish its own protocols and policies for the issuance and use oftite Special '].`axing District's access devices, and the County shall transfer to the City the Special Taxing District's entire inventory of unissued access deviees. 14.. I3egitaning on the Completion Date, the City Commission shaft be responsible for the cozitinuous operation, maintenance, repair, and replacement, when necessary, of the Special Taxing District's improvements and systems, including, but not limited to, the guardhouse, guardhouse air conditioning, plumbing and eleotrical, security cameras, and guard gate, 7 Page 533 of 2679 15, Beginning on the Completion Niel the City shall be .resprmsible for payment of all of the Special Taxing .District's expenses. 16. The County shall transfer to the City, effective an the Completion Date, any active, transferrable warranties nit the Special TaxingD strlet'.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 far the Special Taxing District, Any omission fron 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 contactual obligations, pursuant to section 249 of the Coda of County, the City is encouraged to pay the Living Wage, 20. To the extent allowed by, and subject to the limit:atiorrs of, section 768.28 of the Florida Statutes, the City does hereby awee to indemnify and hold the County, its officials, employees and instrumentalities, harmless than any and an liability for 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 shad .remain in full force and effect and be binding on the City, and any permitted successors or assigns, 22.1n 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 .arperson other than the parties and.arty permitted sr.xcoessors 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 or any rights under section 76$.28 of the Florida Statutes, or as a waiver of the County's sovereign rights. 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 ,judioial construction, be construed more severely against one of the parties from the other. 3 Page 534 of 2679 City: County: City ofM.iarni Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: City Manager Miami-Dade County Stephen 2. Clark Center 111 Northwest First Street Miami, Florida 33128 Attn: Special Taxing District Division IN WITNESS WHEREOF, the City of .Miami has eausedl this instrument to be executed by its respective officials'thereunto duly authorized,, this the day and year above written. CITY OF MIAMI BEACH, a municipal; ATTEST: corporation By: 13y: Rafael B. Crana.do, City Cleric Jimmy }vlorales, City Manager APPROVED AS TO FORM & LANGUAGE FO EXECUTION City Attorney , Date MIAMI -DADi COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA ATTEST: By: Mayor or Mayor's Date Designee HARVEY RUVtN, CLERK By: Deputy Clerk Date 4 Page 535 of 2679 RESOLUTION NO, 2017.29909 • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-11 OF THE MIAMI -r ADE COUNTY CODE, REQUESTING. THE MIAMI -DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE BISCAYNE POINT 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 f7ISTRtCT. WHEREAS, in 1990, 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 Biscayne Point Security Guard Special Taxing District ("Special Taxing District") In City Resolution No, 90. 19919 and County Ordinance No. 90 -82 to provide 24- hour security guard service to Biscayne Point; and WHEREAS, the City's Mayor and City Commission and the County Board approved an amendment to the Biscayne Point Security Guard Special Taxing District. in City Resolution No. 2006 -26201 and County Ordinance No. 07 -62 to provide for Increased services, including the installation of cameras and a recording device in the guardhouse.; and. WHEREAS, on February 2, 2016, the County Board adopted Ordinance No, 16 -14, creating a new Section 18 -11 in the Miami -Dade County Code, providing that, subject to Charter referendum approval at the November 8, 2018 election, a municipality could be 'aUth ©Fixed 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 eleotorate approved a .County Charter Amendment validating and giving effect to County Ordinance No. 16 -14; and WHEREAS, the Biscayne Point Security Guard Speolal Taxing District Is located entirely within the boundaries of the City; and WHEREAS, Section 1 8-3,1 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 efeotors residing in the special taxing district at an elation oalled by and 'conducted as provided by the County Board; and WHEREAS, the Mayor and City Commission hereby request the transfer of control of the Biscayne Point Security Guard Spacial 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. 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 Biscayne Point 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 alt 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. pimenez and members of the Miami-Dade County Board of County Commissioners. PASSED AND ADOPTED this + $ day of June, 2017. ATTEST: 57 17 t� 1. Rafael E. Grarrado, City Clerk APPROVED AS TO Ft7RM & LANGUAGE City Attorney Date F TrO\TU1tN1RESOSISIsoayne point Security tiuEed Spatial Taxing Oiairiot 2047 RE$Q,dan 9 MEMORAN V M (Revised) TO: FROM: Honorable Chairman Esteban. L. l3ovo, Jr. and Members, Board of County Commissioners DATE: November 7, 2017 SUBJECT: Agenda Item No. 8 (H) (11) PIease 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 , 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required /D' Approved Mayor Agenda Item No, 8 (H) (11) Veto 11 -7 -17 Override RESOLUTION Na R- 1019 -17 RESOLUTION RELATING TO THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT LOCATED ENTIRELY WITHIN THE BOUNDARIES OF THE CITY OF MIAMI BEACH, AND BOUNDED ON THE NORTH AND WEST BY BISCAYNE BAY, ON THE EAST BY A CANAL RUNNING PARALLEL TO HAWTHORNE AVENUE, AND ON THE SOUTH BY BTSCAYNE POINT CREEK; 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 TIE 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 Biscayne Point Security Guard Special Taxing District, f% Agenda Item No. 8(H) (11) Page No. 2 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. 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 Biscayne Point 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 Rebeca Sosa who moved its adoption. The motion was seconded by Commissioner Audrey M. Edrnonson and upon being put to a vote, the vote was as follows: Esteban L. Bova, Jr., Chairman aye Audrey M. Edmonson, Vice Chairwoman aye Bruno A. Barreiro absent Daniella Levine Cava Jose "Pepe" Diaz aye Sally A. Heyman Barbara J, Jordan absent Joe A. Martinez Jean Monestime aye Dennis C. Moss Rebeca Sosa aye Sen. Javier D. Souto Xavier L. Suarez aye aye absent aye absent aye Agenda Item No. 8 (f1) (11 ) Page No. 3 The Chairperson thereupon declared the resolution duly passed and adopted this 7th day of November, 2017. 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. Approved by County Attorney as to form and legal sufficiency. Daija Page Lifshitz MIAMI -DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Christopher Agrippa Deputy Clerk OFFICIAL VILE COPY CXERN OF ME BOARD OF COUNTY COMMISSIONERS MIAMII•DADE COUNTY, FLORIDA MEMORANDUM Agenda Item No, 8(H) (12) TO: Honorable Chairman Esteban. L. F3ovo, Jr. and Members, Board of County Commissioners FROM Abigail Price - Williams County Attorney DATE: November 7, 2017 SUBJECT: Resolution calling special election in the Biscayne Point Sedulity Guard Special Taxing District located entirely within the boundaries of the City of Miami Beach, bounded on the north and west by Biscayne Bay, on the east by a canal running parallel to Hawthorne Avenue, and on the south by Biscayne Point Creek, 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- 1020 -17 The accompanying resolution was prepared by the Parks, Recreation and Open Spaces Department and placed on the agenda at the request of Prim . ponsor Commissioner Sally A. Heyman. Abigail P cc- illams County A i • rney APW /cp EXHIBIT D MEMORANDUIVI (Revised) Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of County Commissioners TO: FROM: g i ``rice - Ji Coun ttomoy DATE: November 7, 2017 SU]33ECT: AgendaltemNo. 8(H)(12) 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 , 315's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Approved Mayor Agenda Item No. 8(H) (12) Veto 11 -7 -17 Override RESOLUTION NO. R- 1020 -17 RESOLUTION CALLING SPECIAL ELECTION IN THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT LOCATED ENTIRELY WITHIN THE BOUNDARIES OF THE CITY OF MIAMI BEACH, BOUNDED ON THE NORTH AND WEST BY BISCAYNE BAY, ON THE EAST BY A CANAL RUNNING PARALLEL TO HAWTHORNE AVENUE, AND ON THE SOUTH BY BISCAYNE POINT CREEK, 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 W11REAS, avembe r 7 , 2 017this Board passed R-1019-17 . approving the transfer of the Biscayne Point 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, Agenda Item No. 8(II) (12) Page No. 2 NOW, THEREFORE, BE IT RESOLVED BY 'THE BOARD OF COUNTY COMMISSIONERS 01? MIAMI -DADE COUNTY, FLORIDA, that: Section 1. In accordance with the provisions of section 183.1 of the Code of Miami Dade County, Florida, a special election is hereby called and shall be held within the boundaries of the Biscayne Point 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 R- 1019 -17 entitled: RESOLUTION RELATING TO THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT LOCATED ENTIRELY WITHIN THE BOUNDARIES OF THE CITY OF MIAMI BEACH, AND BOUNDED ON THE NORTH AND WEST BY BISCAYNE BAY, ON THE EAST BY A CANAL RUNNING PARALLEL TO HAWTHORNE AVENUE, AND ON THE SOUTH BY BISCAYNE POINT CREEK; 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 Biscayne Point Security Guard Special Taxing District voting at such special election. All qualified electors residing in the Biscayne Point Security Guard Special Taxing District shall be entitled to vote at said special election, Agenda Item No. 8(H) (12) Page No. 3 Section 4. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until December 26, 2017 at which date the registration books shall close in accordance with the provisions of the general election laws, Section S. 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 January 23, 2018. All 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 BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT Shall the City of Miami Beach become the governing body of the Biscayne Point 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 No. R-1019-17 and City Resolution R2017- 29909? YES ❑ NO ❑ Section S. 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. Agenda Item No. 8(H) (12) Page No. 4 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, The foregoing resolution was offered by Commissioner Rebeca Sosa who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Audrey M. Edmonson Esteban L. Bova, Jr., Chairman aye Audrey M. Edmonson, Vice Chairwoman aye Bruno A. Barreiro absent Jose "Pepe Diaz Barbara J. Jordan Jean Monestime Rebeca Sosa Xavier L. Suarez aye absent aye aye aye Daniella Levine Cava Sally A. Heyman Joe A. Martinez Dennis C. Moss Sen. Javier D. Souto aye absent aye absent aye The Chairperson thereupon declared the resolution duly passed and adopted this 7th day of November, 2017. 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. Approved by County Attorney as to form and legal sufficiency. Daija Page Lifshitz MIAMI -DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Christopher Agrippa 6 Deputy Clerk MIAMI BEACH Resolutions - R7 G COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 13, 2017 . SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING AND ACCEPTING RESOLUTIONS PASSED BY MIAMI -DADE COUNTY APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT AND CALLING FOR A SPECIAL ELECTION NECESSARY FOR THE TRANSFER OF CONTROL FROM MIAMI -DADE COUNTY TO THE CITY OF MIAMI BEACH OF THE BISCAYNE POINT 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. Legislative Tracking Budget and Performance Improvement ATTACHMENTS: Description Memo Biscayne Pointe Resolution MIAMI BEACH 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: December 13, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING AND ACCEPTING RESOLUTIONS PASSED BY MIAMI -DADE COUNTY APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT AND CALLING FOR A SPECIAL ELECTION NECESSARY FOR THE TRANSFER OF CONTROL FROM MIAMI -DADE COUNTY TO THE CITY OF MIAMI BEACH OF THE BISCAYNE POINT 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 RECOMMENDATION The Administration is requesting that the Mayor and City Commission hereby a) ratify and accept the Miami Dade County ( "County ") Resolution No. R- 1019 -17 approving the transfer of control of the Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") to the City of Miami Beach ("City"), and b) ratify and accept County Resolution R- 1020 -17 calling for a special election in the Special Taxing District to seek approval or disapproval from the qualified electors residing in the Special Taxing District of a resolution 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. ANALYSIS In 1990, the City's Mayor and City Commission and the County Board of County Commissioners ( "Board ") approved the creation of the Special Taxing District in City Resolution No. 90 -19919 and County Ordinance No. 90 -52 to provide 24 -hour security guard service to Biscayne Point. Thereafter, in 2006 and 2007, respectively, the City's Mayor and City Commission and the County Board approved an amendment to the Special Taxing District in City Resolution No. 2006 -26201 and County Ordinance No. 07 -62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse. 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 Biscayne Point Security Guard Special Taxing District Special Election Page 2 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. The transfer of control of the Biscayne Point 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 Biscayne Point Homeowners Association. At the June 26, 2017 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2017- 29909, sponsored by Commissioner Michael Grieco, requesting the County to transfer control of the Biscayne Point 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 November 7, 2017, the County passed and adopted Resolution No. R- 1019 -17, which approved the interlocal agreement and 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 November 7, 2017, the County passed and adopted Resolution No. R -102- 417 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 January 23, 2018 and that all marked ballots must be received by 7:00 pm on that day. All other timelines are dictated by the outcome of the elections and are tentatively scheduled as follows: • If the voters approve on January 23, 2018, the City will become the new governing body of the Special Taxing District and will determine how to proceed with contracts including but not limited to electrical, security and equipment services. • In July 2018, 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, 2018. • Official transfer of the Special Taxing District to the City will occur on October 1, 2018. FINANCIAL INFORMATION Currently, the Special Taxing District has an annual budget of $243,000. The County collects $30,100 as an administrative fee to offset costs related to administering service contracts and providing fiscal support for the District. Administrative support would be similar to that currently provided by the City to the Normandy Shores Local Government Neighborhood Improvement District. JLM /JW