ORDINANCE NO. 900-2003

 

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS; INITIATING AND REQUESTING A BOUNDARY CHANGE, BY ANNEXATION, FOR THE CITY OF MIAMI SPRINGS OF CERTAIN IDENTIFIED AND SPECIFIED CONTIGUOUS AND ADJACENT UNINCORPORATED AREAS OF MIAMI-DADE COUNTY; PROVIDING CITY OF MIAMI SPRINGS CITY COUNCIL APPROVAL; DELINEATING THE REQUESTED ANNEXATION BOUNDARY CHANGE BY MIAMI-DADE COUNTY; AUTHORIZING ALL APPROPRIATE AND CONSISTENT ACTIONS BY CITY OFFICERS, OFFICIALS, AND CITY COUNCIL MEMBERS; DIRECTIONS TO THE CITY CLERK FOR ACTIONS REQUIRED BY THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; EFFECTIVE DATE.

 

 

            WHEREAS, the City Council of the City of Miami Springs previously authorized and approved City Resolution No.  2002-3204 which notified Miami-Dade County of the City’s interest in the annexation of certain contiguous and adjacent unincorporated areas of the county; and,

            WHEREAS, the City contracted with The Corradino Group to investigate and prepare a report on the feasibility and appropriateness of the City annexing the subject contiguous and adjacent unincorporated areas of the county identified in Resolution No. 2002-3204; and,

            WHEREAS, the City has received, reviewed and discussed the City of Miami Springs Annexation Report received from The Corradino Group; and,

            WHEREAS, pursuant to state law, municipalities located within the boundaries of Miami-Dade County are required to comply with the annexation procedures and requirements established by Miami-Dade County; and,

            WHEREAS, Section 5.04 of the Home Rule Charter of Miami-Dade County authorizes and empowers the Board of County Commissioners of Miami-Dade County to effect boundary changes through the annexation process upon the request of a municipality; and,

            WHEREAS, Section 20-3 of the Miami-Dade County Code of Ordinances specifies the procedures and requirements that must be complied with by a municipality wishing to initiate a boundary change by the annexation process with the county; and,

            WHEREAS, the City Council of the City of Miami Springs has determined that it is desirous of changing its municipal boundaries by the addition of certain contiguous and adjacent unincorporated areas of the county through the utilization of the county annexation process; and,

            WHEREAS, the City has attached hereto, as Exhibit “A”, the legal description of those unincorporated areas of the county being sought for the proposed boundary change through the annexation process and a map, attached as Exhibit “B”, which depicts and more graphically identifies the unincorporated areas of the county sought for annexation by the City; and,

            WHEREAS,  City of Miami Springs Charter Section 2.02 requires and mandates that any proposed annexation by the City must be authorized by ordinance; and,

            WHEREAS, in the process of enactment of this ordinance, the City has complied with all city requirements for enactment and the notice and public hearing requirements mandated by Miami-Dade County Code of Ordinance Section 20-3; and,

            WHEREAS, that in addition to the foregoing, the City has accomplished all threshold requirements mandated by county ordinance for the initiation of boundary change/annexation proceedings and is prepared to comply with all the requirements of Code of Ordinance Section 20-3 and all other code requirements and procedures of Miami-Dade County for annexation; and,

            WHEREAS, although the City is prepared to address the fiscal impacts of its proposed annexation with the appropriate county officials and the Board of County Commissioners, the City believes that the proposed annexation is both proper and appropriate and consistent with the policy of Miami-Dade County to provide balance in the annexation process between those municipalities which are primarily residential and those which are predominately industrial and commercial; and,

            WHEREAS, the City Council of the City of Miami Springs has determined that it is both proper and appropriate, and in the best interests of the City and its citizens, to secure the requested boundary change through the annexation process with Miami-Dade County:

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS, FLORIDA:

            Section 1:   That the above recitals are true and correct and are hereby incorporated herein and made a part hereof by this reference.

            Section 2:       That the City Council of the City of Miami Springs hereby authorizes and approves the boundary change and annexation proposed in this ordinance and the corresponding amendment of the legal description of the City contained in the Charter of the City of Miami Springs to reflect the addition of the contiguous and adjacent unincorporated areas of Miami-Dade County acquired through the annexation process which are more particularly described in the legal description and map attached hereto as Exhibits “A” and “B” respectively.

            Section 3:   That the City Council of the City of Miami Springs hereby requests the Board of County Commissioners of Miami-Dade County, Florida, to adopt an appropriate ordinance granting the request of the City of Miami Springs for the annexation of the contiguous and adjacent unincorporated areas of Miami-Dade County identified in Exhibits “A” and “B” attached hereto, and by so doing, authorize the amendment and enlargement of the municipal boundaries of the City of Miami Springs.

            Section 4:   That the proper City officers, officials and members of the City Council are hereby authorized and directed to take such action and to execute such documentation as may be deemed necessary or desirable to effectuate the intent and mandate evidenced herein in regard to the City’s annexation and boundary change request of Miami-Dade County.

            Section 5:   That the City Clerk is hereby authorized and directed to transmit three (3) duly certified copies of this Ordinance, including the exhibits attached hereto, together with proof of compliance of the notice requirements set forth in Miami-Dade County Ordinance Section 20-3, accompanied by all other documentation and information required by the aforesaid Miami-Dade County Code Section.

            Section 6:   That all Ordinances or parts of Ordinances in conflict herewith are

hereby repealed insofar as they are in conflict.

            Section 7:  That this Ordinance shall take effect in the manner provided by law.

           

PASSED AND ADOPTED by the City Council of the City of Miami Springs, Florida this 14th day of July, 2003.

 

The motion to adopt the foregoing ordinance was offered on second reading by Vice Mayor Elza, seconded by Councilman Pacheco, and on roll call the following vote ensued:

 

 

 

Vice Mayor Elza “aye”

Councilman Caudle “absent”

 Councilman Pacheco “aye”

Councilman Youngs “aye”

Mayor Bain “aye”

 

 

 

 

 

____________________

Billy Bain

  Mayor

 

ATTEST:

 

 

___________________________

Magalí Valls, CMC

    City Clerk

 

 

 

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

 

             Jan K. Seiden, Esquire               

                         City Attorney

 

1st reading:       06/23/2003

2nd reading:      07/14/2003

 

 

Words -stricken through- shall be deleted.  Underscored words constitute the amendment proposed. Words remaining are now in effect and remain unchanged.