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HomeMy WebLinkAbout2024-033-2106_-_Urging_County_to_enforce_Florida_Statute_180.19_-_Adopted.docxRESOLUTION NO. 2024-033-2106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS TO ENFORCE THE REQUIREMENTS OF FLORIDA STATUTE 180.19 TO REQUIRE THE CITY OF NORTH MIAMI BEACH TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI GARDENS AS IT RELATES TO THE PROVISION OF WATER UTILITIES; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND CITY ATTORNEY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently, many rate payers in the City of Miami Gardens receive water from the City of North Miami Beach, and WHEREAS, North Miami Beach has provided water utility service to these rate payers prior to the City of Miami Gardens incorporating in 2003, when these rate payers were located in unincorporated Miami-Dade County, and WHEREAS, Section 180.19, Florida Statutes, requires that when a municipality permits other municipalities and property owners outside of that municipality to connect to their utilities, that the terms and conditions be agreed upon by the municipalities, and WHEREAS, it does not appear that there was ever an agreement with Miami-Dade County when the rate payers were located in unincorporated Dade nor now that the City of Miami Gardens is incorporated, and WHEREAS, in accordance with Article 1, Section 1.01(9) of the Miami Dade Charter, Miami-Dade County Board of County Commissioners has the authority to ”provide and regulate or permit municipalities to provide and regulate waste and sewage collection and disposal and water supply and conservation programs.”, and WHEREAS, Mayor Rodney Harris is sponsoring this resolution to request that Miami-Dade County enforce the provisions of Section 180.19, Florida Statues and require that the City of North Miami Beach enter into an Interlocal Agreement with the City of Miami Gardens as it relates to the provision of water to rate payers in the City of Miami Gardens, 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. DocuSign Envelope ID: D310E0F1-929B-42FE-A6C6-634FFB5DA5E7 Page 2 of 2 Resolution No. 2024-033-2106 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby urges the Miami-Dade Board of County Commissioners to enforce the requirements of Florida Statute 180.19 to require the City of North Miami Beach to enter into an Interlocal Agreement with the City of Miami Gardens as it relates to the provision of water utilities. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 28, 2024. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: MAYOR RODNEY HARRIS Moved by: Councilman Leon Seconded by: Councilman Stephens VOTE: 7-0 Mayor Harris Yes Vice Mayor Wilson Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Leon Yes Councilwoman Stephens, III Yes DocuSign Envelope ID: D310E0F1-929B-42FE-A6C6-634FFB5DA5E7