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HomeMy WebLinkAbout2021-132-3687_-_Andover_Lighting_District_-_Adopted.docxRESOLUTION NO. 2021-132-3687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO THE ANDOVER STREET LIGHTING IMPROVEMENT SPECIAL TAXING DISTRICT AND THE ANDOVER 1ST ADDITION STREET LIGHTING IMPROVEMENT SPECIAL TAXING DISTRICT, ATTACHED HERETO AS EXHIBIT "A"; REQUESTING THAT MIAMI-DADE COUNTY AMEND THE BOUNDARIES OF THE SPECIAL TAXING DISTRICTS; REQUESTING THAT MIAMI- DADE COUNTY TRANSFER THE AMENDED ANDOVER STREET LIGHTING IMPROVEMENT SPECIAL TAXING DISTRICT TO THE CITY OF MIAMI GARDENS IN ACCORDANCE WITH SECTION 18-3.1 OF THE CODE OF MIAMI-DADE COUNTY; APPROVING AND AUTHORIZING EXECUTION AN AMENDED INTERLOCAL AGREEMENT FOR THE TRANSFER; REQUESTING RATIFICATION OF THE CITY'S ADMINISTRATION OF THE SPECIAL TAXING DISTRICTS; WAIVING THE ELECTION REQUIREMENT BY TWO-THIRDS VOTE OF THE CITY COUNCIL MEMBERS PRESENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 18, 1966, Miami-Dade County adopted Resolution No. 1104-66, creating the Andover Street Lighting Improvement Special Taxing District; and WHEREAS, on December 19, 1972, Miami-Dade County adopted Resolution No. 1863- 72, creating the Andover 1st Addition Street Lighting Improvement Special Taxing District (collectively with the Andover Street Lighting Improvement Special Taxing District, the "Special Taxing Districts"), and WHEREAS, on May 1, 2018, following a request by the City of Miami Gardens ("City"), Miami-Dade County approved a transfer to the City of the Andover Street Lighting Improvement Special Taxing District and the Andover 1st Addition Street Lighting Improvement Special Taxing District, contingent upon approval by a majority vote of the qualified electors residing in each district voting at an election called by this Board pursuant to Resolution No. 406-18 and Resolution No. 438-18, respectively; and WHEREAS, a majority of those qualified electors residing in each of the Special Taxing Districts approved the transfer; and WHEREAS, Section 18-3.1 of the Code of Miami-Dade County vests Miami-Dade County with the power to designate the governing body of a municipality as the governing body of an existing special taxing district located wholly within the boundaries of such municipality if the municipality assumes any and all liabilities of the special taxing district; and DocuSign Envelope ID: 8CF2115E-810F-43F0-9037-784A5CD5B090 Page 2 of 3 Resolution No. 2021-132-3687 WHEREAS, at the time of the initial transfer, the Special Taxing Districts were not located entirely within the boundaries of the City; and WHEREAS, the City desires to continue to maintain and control the special taxing districts to the extent the properties are located within the City, and WHEREAS, the City intends to request that Miami-Dade County (1) amend the boundaries of the Special Taxing Districts, such that the district for which the City is responsible would be consolidated into one amended special taxing district including only properties within the boundaries of the City; (2) authorize the City to enter into an amended interlocal agreement with Miami-Dade County for this purpose; (3) request that Miami-Dade County ratify the City's administration of the Special Taxing Districts since the initial transfer; (4) transfer the amended Andover Street Lighting Improvement Special Taxing District to the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby requests that Miami-Dade County amend the boundaries of the Special Taxing Districts, such that the district for which the City is responsible would be consolidated into one amended special taxing district including only properties within the boundaries of the City, attached hereto as Exhibit "A". Section 3: AUTHORIZATION: The City Council of the City of Miami Gardens authorizes the Mayor and City Clerk to execute and attest an amended interlocal agreement with Miami-Dade County for this purpose, subject to the review and approval of the City Attorney. Section. 4. AUTHORIZATION: The City Council hereby requests and authorizes Miami-Dade County to ratify the City's administration of the Special Taxing Districts since the initial transfer and the transfer the amended Andover Street Lighting Improvement Special Taxing District to the City. Section 5: AUTHORIZATION: The City Council hereby waives, pursuant to two- thirds vote of the members present, the election requirement for the transfer of the Andover Street Lighting Improvement Special Taxing District, as amended, to the City of Miami Gardens. Section 6: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. DocuSign Envelope ID: 8CF2115E-810F-43F0-9037-784A5CD5B090 Page 3 of 3 Resolution No. 2021-132-3687 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 13, 2021. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilwoman Wilson Seconded by: Councilwoman Julien VOTE: 6-0 Mayor Harris Absent Vice Mayor Leon Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: 8CF2115E-810F-43F0-9037-784A5CD5B090