03-01-05 Item 111 RESOLUTION NO.
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5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
6 MIAMI -DADE COUNTY LEAGUE OF CITIES, INC.,
7 OPPOSING THE ESTABLISHMENT BY MIAMI -DADE
8 COUNTY OF A POLICY REGARDING INCORPORATION
9 AND ANNEXATION OF COMMERCIAL, BUSINESS, OR
10 INDUSTIAL (CBI) AREAS WHICH, IF ADOPTED, WOULD
11 BE UNEQUITABLE TO EXISTING AND FUTURE
12 MUNICIPALITIES, IMPOSSIBLE TO IMPLEMENT, AND
13 NOT IN THE BEST INTEREST OF THE COMMUNITY AT-
14 LARGE; AND PROVIDING FOR AN EFFECTIVE DATE.
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16 WHEREAS, on October 19, 2004 the Miami -Dade County Board of County
17 Commissioners adopted, on first reading, agenda item 13(F), an ordinance requiring certain
18 municipalities incorporating or annexing commercial, business, or industrial (CBI) areas to pay
19 100% mitigation for those areas, herein referred to as "the CBI Ordinance"; and
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21 WHEREAS, the CBI Ordinance allows for the County to unilaterally determine the "net
22 excess of revenues" generated by the CBI based upon the County's existing level of service; and
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24 WHEREAS, the CBI Ordinance does not allow for an unbiased analysis of whether the
25 existing level of service provided by the County is adequate and appropriate for the CBI area and
26 its surrounding community as a whole; and
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28 WHEREAS, the CBI Ordinance does not allow for the incorporating or annexing City to
29 have input regarding future net excess of revenues based upon the level of service it would
30 provide; and
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32 WHEREAS, the cost of municipal services, what constitutes revenue and expenses, and
33 the appropriate level of service for a particular geographic location can not and should not be
34 codified in an ordinance or determined unilaterally; and
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36 WHEREAS, the CBI Ordinance would deprive new and annexing cities from the
37 opportunity to address needs or make improvements in a CBI area if it becomes necessary; and
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39 WHEREAS, the CBI Ordinance does not allow for a pre - determined period of time for sun -
40 setting of the mitigation or the cancellation of the mitigation if future circumstances were to create
41 an unanticipated or unfair financial burden upon the municipality; and
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43 WHEREAS, negotiated mitigation has been the established policy of the County and
44 continues to be the best method of determining what, if any, mitigation is reasonable when an area
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providing a "net excess of revenues" to the unincorporated municipal service area (UMSA) is
being annexed or incorporated;
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the foregoing is true and correct.
Section 2. That the Mayor and City Commission of the City of South Miami are
opposed to enactment of the proposed CBI Ordinance by Miami -Dade County.
Section 3. That the Mayor and City Commission of the City of South Miami believe
the established policy of negotiated mitigation should remain intact, that the length of time such
mitigation is to occur should be jointly determined, and that certain unquantifiable factors need to
be discussed on a case -by -case basis.
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED PASSED AND ADOPTED this 1st day of March, 2005.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
u:_•'
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
J: \My Documents \resolutions \Resolution opposing policy re annexation & incorporation.doc