R-0863-90 RESOLUTION 863-90
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF MIAMI SHORES PROPOSING AN AMEND-
MENT TO THE METROPOLITAN DADE COUNTY HOME
RULE CHARTER AMENDING SECTION 1 .01 . POWERS.
A. 18. (a) SETTING FORTH THE METHOD OF TURN-
ING A MUNICIPAL SERVICE OVER TO THE COUNTY
BY A MUNICIPALITY, AND AMENDING SECTION 8.07.
AMENDMENTS, A. AND C. LIMITING AMENDMENTS TO
THE CHARTER BY RESOLUTION OF THE VILLAGE
COUNCIL AS PROPOSED IN THE ABOVE CITED 1 .01 .
POWERS. A. 18. (a) .
WHEREAS, municipalities have been granted Home Rule by the
Constitution and the Florida State Legislature, and
WHEREAS, this right should not be abridged In Dade County
without the approval of the municipality, and
WHEREAS, Metropolitan Dade County has not Informed munlclpaltles
of Its failure to comply with standards and Is attempting to usurp municipal
functions, and
WHEREAS, municipalities should not be under the threat of a referen-
dum election called by the Board of County Commissioners, and
WHEREAS, Metropolitan Dade County Home Rule Charter should be amended
as Indicated below.
SECTION 1 .01 POWERS.
A.
18. Set reasonable minimum standards for all
governmental units In the county for the per-
formance of any service or function . The
standards shall not be discriminatory as be-
tween similar areas. If a governmental unit
falls to comply with such standards, and does
not correct such failure after reasonable
notice by the Board, then the Board may take
over and perform, regulate, or grant franchises
to operate any such service. The Board may also
take over and operate, or grant franchises
to operate any municipal service If :
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(a) The governing body of the municipality
requests the county to take over the service
by a two-thirds vote of Its members, or by a
referendum election called .by the governing
body of the municipality provided a majority
of those voting vote In favor of turning over
the service to the county.
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SECTION 8.07 AMENDMENTS.
A. Amendments to this Charter may be proposed
by a resolution adopted by the Board of County
Commissioners, except as provided in Section
1 .01 A. 18. (a) , or by petition of electors
numbering not less than ten percent of the total
number of electors registered In Dade County at
the time the petition Is submitted to the Board.
Initiatory petitions shall be certified In the manner
required for Initiatory petitions for an ordinance.
C. Amen nts to this Charter may I )roposed
by the Board of County Commissioners,except as
provided In Section 1 .01 . A. 18. (a) , at any time. Elections
on charter amendments proposed by the
Board shall be held not less than 60 nor more than
120 days after the Board adopts a resolution proposing
any amendment .
(Words struck------are deleted, underlined words are
addltlons)
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF MIAMI SHORES:
Section 1 . That the Council proposes an amendment
to the Metropolitan Dade County Home
Rule Charter amending Section 1 .01 .
Powers. A. 18. (a) setting forth the
method of turning a municipal service
over to the county by a municipality,
and amending Section 8.07. Amendments .
A. and C. limiting amendments to the
Charter by resolution of The Board of
County Commissioners as proposed in
the above cited Section 1 .01 . A. 18. (a) .
Section 2. That the Village Manager shall cause copies
of this resolution to be sent to the Mayor
and Board of County Commissioners of Metro
Dade County.
PASSED AND ADOPTED THIS 2nd DA Januar , 1%0.
y
;r c6firtnek, or
ATTEST:
M I AM I SHORES�VILLAC
if, CLERK
By
SCOTT W. DAVIS, DEPUTY VILLAGE CLERK
APPROVED AS TO FOR
B y -.
W I LL I AV F . FANN, JR. ILLAGE ATTORNEY