LTC 613-2017 Passage of City Reso 2017-30123 RE Biscayne Point Taxing District MIAMI BEACH
OFFICE OF THE CITY MANAGER LETTER TO COMMISSION
No. LTC #
613-2017
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul Aguila, City Attorney l Otr
CC: Jimmy L Morales, City Manager
Rafael E. Granado, City Clerk
DATE: December 21, 2017
SUBJECT: PASSAGE OF CITY RESOLUTION NO. 2017-30123 CALLING FOR
A SPECIAL ELECTION REGARDING THE TRANSFER OF
CONTROL FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI
BEACH OF THE BISCAYNE POINT SECURITY GUARD SPECIAL
TAXING DISTRICT.
At its December 13, 2017 meeting, the City Commission passed and adopted
Resolution No. 2017-30123. This Resolution ratified two Miami-Dade County
Resolutions adopted on November 7, 2017 that: a) approved the Interlocal
Agreement with the City of Miami Beach for the transfer of control of the Biscayne
Point Security Guard Special Taxing District ("District") from the County to the City,
and b) called a special election, to be held by the County, to submit a mailed ballot
question to the qualified electors residing in the District regarding the transfer of
control of the District.'
The County's mailed ballot special election will be conducted on January 23,
2018. Contingent upon a favorable outcome of the special election, the City of Miami
Beach will assume control of the District 12 days thereafter. At its next regularly
scheduled meeting on February 14, 2018, the City Commission will hold a public
hearing on a resolution that will state the City's intent to use the uniform method of
collecting non-ad valorem assessments for the District. Other financial and
operations-related transfer events will occur in the ensuing months and, on October
1, 2018, the County will cease all involvement, including all operations and
maintenance, for the District and the City will be exclusively responsible for the
District.
1 Resolution 2017-30123 is attached hereto. Exhibits A-D of the Resolution are the two prior City Resolutions
relative to the transfer of the District(adopted on June 28, 2017 and September 25, 2017)and the two above-
referenced County Resolutions(adopted on November 7,2017).
Letter to Commission— Passage of Resolution 2017-30123
December21, 2017
Page 2 of 2
The City Administration has received requests that the City assume
control of other special taxing districts located in the City. However, due to the
lengthy process to transfer such control (e.g., various approvals are required
from the City, the County, and the electors in the District, and the meeting of
several state-mandated deadlines), no other transfers can occur by October 1,
2018. Any other transfers could not occur until October 1, 2019, assuming all
conditions precedent thereto are met.
RESOLUTION 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.
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ATTEST:
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R.'ael E. Granado, City Clea,`'. . �i,.e,
APPROVED AS TO..
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
•
I, RAFAEL E.GRANADO,City Clerk of City of
Miami Beach, Florida,do hereby certify that
the above and foregoing is a true and correct
copy of the original thereof on file in this
office.
WITNESS my hand and,the seal of said City
this 2 d day of Vrc-t ri\‘:),r A.D., 20 [7.
RAFAEL E. GRANADO
City Clerk of the City of Miami Beach, Florida
•
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
EXHIBIT A
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and
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 d8 day of June, 2017.
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Rafael E. Granado, City Clerk APPROVED AS TO
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MIAMI BEACH
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:305-673-7411
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,
-,r
/
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 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 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 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,
<:
Rafael E. Granada
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
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,
j.
;/
Rafael E. Granado
City Clerk
c: Commissioner Michael Grieco
MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeochfl.gov
Office of the City Clerk
Tel:305-673-7411
July 6, 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.
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 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-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
p
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 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 on June 28, 2017.
If you need additional information, please do not hesitate to call.
Respectfully,
Rafael E. Granada
City Clerk
c: Commissioner Michael Grieco
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachR.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,
i
Rafael E. Granada
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 Daniella 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, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachil.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:305-673-741 1
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,
/r i!
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 Bovo, 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 9Iection, 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 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 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; 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 ai—day of September, 2017.
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FORM&LANGUAGE
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3
I i
Resolutions - C7 O
MIAMI BEACH
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 15, 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 Tracking
Finance
ATTACHMENTS:
Description
o Agreement
o Resolution
Page 530 of 2353
TRANSFER OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING
DISTRICT FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI BEACH
THIS AGREEMENT FOR TRANSFER OF THE BISCAYNE 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").
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
WHEREAS, the City and the County arc 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:
I. 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,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.
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
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 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 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 1,2018, 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 1,2018.
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 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 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 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 768.28 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 judicial construction, be construed more
severely against one of the parties from the other.
3
Page 533 of 2353
I
City: City of Miami Beach
1700 Convention Center Drive
Miami Beach,FL 33139
Attn:City Manager
County: Miami-Dade County
Stephen P.Clark Center
111 Northwest First Street
Miami,Florida 33128
Attn: Special Taxing District Division
IN WITNESS WHEREOF, the City of Miami has caused 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: By:
Rafael B. Granado,City Clerk Jimmy Morales,City Manager
APPROVED AS TO
FORM &LANGUAGE
FO EXECUTION
c'
city Attorney Dante
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS,FLORIDA
ATTEST:
By:
Mayor or Mayor's Date
Designee
HARVEY RUVIN,CLERK
By:
Deputy Clerk Date
4
Page 534 of 2353
OFFICIAL FILE COPY
CLERK OF THE BOARD
OF COUNTY COMUSS3ONERS
M A3.II-DADI COUNTY,FLORIDA
MEMORANDUM
Agenda Item No. 8(1)(11)
TO: Honorable Chairman Esteban L.Bovo, Jr. DATE: November 7,2017
and Members, Board of County Commissioners
FROM: Abigail Price-Williams SUBJECT: Resolution relating to the
County Attorney 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.
}
L1,4 1
Abi_ai ice-� illiams
County - lorney
APW/cp EXHIBIT C
AM
Memorandum CO
Date: November 7, 2017
To: Honorable Chairman Esteban L.Bovo,Jr.
and Members,Board of C. y'ommissio•-rs
From: Carlos A. Gimene aFA/r '
Mayor
Subject: Resolution Approving the Trans e If 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 Impact/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/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 Taxing Districts Division, Michael R.
Bauman.
•
Honorable Chairman Esteban L. Bovo,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, I recommend that this Special
Taxing District be transferred to the City, if approved by the referendum required subsequent to the
public hearing.
Michael Spr g
Senior Advor
C3
I
iL
TRANSFER OF TUE BISCAYNE.POINT SECURITY GUARD SPECIAL TAXING
DISTRICT-FROM iVIIAM1-..DAD.E COUNTY TO THE CITY OF MIAMI BEACH
THIS AGREEMENT FOR TRANSFER OF THE BISCAYNE POINT SECURITY GUARD
SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED .BY MIAMI-DADS 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-DADS 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
WHEREAS, the City and the County are tnutually 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:
I. 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 Dates unless a contest of the election is filed pursuant
to section IC2,168 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.
•
Page 532 of 2679 7
S. On October I,2018, the County will cease ail 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 financial reconciliation of all known liabilities for the
Special Taxing District.
S. Beginning.on the Transfer Dare, 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 he 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 Miami-Dade County Tax Collector.
l l. 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.
. 12. Prior to the Completion Date, the City shalt 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.
I4.. 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, hut not limited to, the
guardhouse, guardhouse air conditioning, plumbing and electrical, security cameras, and
guard gate.
Page 533 of 2679 JE'
1 5.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.
1.8. 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 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 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 168.28 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' judicial construction, be construed more
severely against one of the parties from the other.
3
Page 534 of 2679
City: City of Miami Beach
1700 Convention Center Drive
Miami Beach,FL 33139
Attn:City Manager
County: Miami-Dade County
Stephen P.Clark Center
1 1 1 Northwest First Street
Miami,Florida 33128
Attn:Special Taxing District Division
IN WITNESS WHEREOF, the City of Miami has caused this instrument to.be executed by its
respective officials'thereunto duly authorized,this the day and year above written.
C1TYOFMIAMI BEACH,a municipal
ATTEST: corporation
By: By:
Rafael C. Granada,City Clerk Jimmy Morales,City Manager
APPROVED AS 10
FORM&LANGUAGE
FO EXECUTION
4115 (k
City Attorney ~ Dote
MIAMI-DA.DE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA
ATTEST:
By:
Mayor or Mayor's Date
Designee
HARVEY RUVIN, 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
184.1 OF THE MIAMI-BADE 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 andCity 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 Spacial 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, 2018 election, a municipality could be
'ai thbtized to act is 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
L
and City Commission as the governing body of the Special Taxing District, subject to a
majority vote of the qualifiedelectors 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 ail things necessary to carry out the
Intent of this Resolution and direct the City Cleric 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 AS day of June, 2017.
•
ATTEST Phifi� ! ` ayor,
fr,
n.
Rafael E. Grarrado, City Clerk APPROVED AS TO
•
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4%%%%%%%%%%%%%%%%%•14 &FOR f ECUTION '
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FAA7TOtTURtARES0SISIscayoe point Security Guard Special Taxlgg District 2017 RESO.don
9
oP;a,
MEMORANDUM
(Revised)
TO: Honorable Chairman Esteban L. Bova,Jr. DATE: November 7, 2017
and Members; Board of County Commissioners
•
FROM: SUBJECT: Agenda Item No. 8(H)(11)
Coun ttomey
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 Iegislation requires more than a majority vote(ie.,2/3's ,
3I5's ,unanimous )to approve
Current information regarding funding source,index code and avai able
balance, and available capacity(if debt is contemplated)required
/�
Approved Mayor Agenda Item No. 8(H)(11)
Veto 11-7-17
Override
RESOLUTION NO. 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 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 IN1'hRLOCAL
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-DARE 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.
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.Edmonson
and upon being put to a vote,the vote was as follows:
Esteban L. Bovo,Jr.,Chairman aye
Audrey M. Edmonson,Vice Chairwoman aye
Bruno A. Barreiro absent Daniella Levine Cava aye
Jose "Pepe" Diaz aye Sally A. Heyman absent
Barbara J.Jordan absent Joe A.Martinez aye
Jean Monestime aye Dennis C.Moss absent
Rebeca Sosa aye Sen. Javier D. Souto aye
Xavier L. Suarez aye
Agenda Item No. 8(H)(11)
Page No. 3
The Chairperson thereupon declared the resolution duly passed and adopted this 7' 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.
MIAMI-DADF,COUNTY,FLORIDA
BY ITS BOARD OF
G°MAI, COUNTY COMMISSIONERS
PMI' ,a �I
_
Z COUNTY z
o HARVEY RUVIN, CLERK
J ' : to
* Christopher Agrippa
By:
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency.
eiriv
Daija Page Lifshitz
OFFICIAL FILE COPY
CLERK.OF THE BOARD
OF COUNTY COMSISSIO.IIERS
?MAW-DADE COUNTY,FLORIDA
MEMORANDUM
Agenda Item No. 8(H)(12)
TO: Honorable Chairman Esteban L.Bove,Jr. DATE: November 7, 2017
and Members,Board of County Commissioners
FROM: Abigail Price-Williams SUBJECT: Resolution calling special
County Attorney 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
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, sponsor Commissioner Sally A. Heyman.
\ -...i I
ilk L . ai{ /
►. . ..AAL
A.
Abigail P& e-1 illiams
County A i.rney
APW/cp
EXHIBIT D
/
.X: MEMORANDUM
(Revised)
TO: Honorable Chairman Esteban L. Bovo,Jr. DATE: November 7, 2017
and Members,Board of County Commissioners
i Ti 1/
FROM: ' g. •nce- - SUBJECT: Agenda Item No. 8(H)(12)
Coun •ttomey
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 ,
31S'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 PONT 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
WHEREASNovember 7, 2 0 7this Board passed R-1019- -2. 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(u)(12)
Page No.2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA,that:
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 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.
`t<
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 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 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 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.
5
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 Audrey M.Edmonson
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 aye
Jose "Pepe"Diaz aye Sally A.Heyman absent
Barbara J. Jordan absent Joe A.Martinez aye
Jean Monestime aye Dennis C. Moss absent
Rebeca Sosa aye Sen.Javier D. Souto aye
Xavier L. Suarez aye
The Chairperson thereupon declared the resolution duly passed and adopted this 7th day
of November, 2017. This resolution shaII 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.
Go Mss MIAMI-DADE COUNTY,FLORIDA
.41/40 BY ITS BOARD OF
COUNTY COMMISSIONERS
COUNTY
R 4 HARVEY RUVIN, CLERK
*a*
By: Christopher Agrippa
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency. WArArk
•ar
Daija Page Lifshitz
6