Item Coversheet

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.

Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Grieco

ATTACHMENTS:
Description
Biscayne Point Security Guard Special Taing Distict Reso FA