§ 2-2136. Created.

The West Kendall (Section Three) Municipal Advisory Committee (the "Committee") is hereby created as follows:

A.

Purposes.

(1)

To review the possible incorporation of the area known as West Kendall (Section Three) generally described by the following boundaries:

North: Kendall Drive

South: SW 152 Street

East: The Florida Turnpike (between SW 88 Street and SW 104 Street (generally known as the "Calusa" area)

—and—

SW 137 Avenue between SW 104 Street and SW 152 Street

West: The Everglades

(the "Study Area"). It is provided, however, that the Committee as established herein may expand or contract the Study Area within the boundaries of District 11 or District 7, as long as the Commissioner of the affected district files a written consent with the Clerk of the Board agreeing to the study of any expanded area.

B.

Duties and Responsibilities; Sunset.

(1)

The Committee shall prepare an advisory report that shall:

a.

Make findings of whether it is feasible or not to incorporate the Study Area; determine whether there is a desire to incorporate the Study Area; and propose a plan for the development of the Study Area as a viable municipality, as required by Section 20-29 of the Code of Miami-Dade County.

b.

Address any concerns of members of the Board of County Commissioners regarding incorporation of the area and the manner in which those concerns may be alleviated in the event the area studied by the Committee is incorporated as a new municipality; and

(2)

The committee shall conduct no less than two duly advertised public hearings at which the residents of the area shall have the opportunity to express their views and concerns regarding the proposed incorporation of the West Kendall (Section Three) area.

(3)

Prior to the first public hearing, the committee shall become familiar with written materials concerning incorporation presented by the Office of Management and Budget.

(4)

The committee's responsibilities shall terminate upon submitting its report to the Board of County Commissioners or within twenty-four (24) months of the effective date of this article, whichever date is earlier.

C.

Composition and appointment of members. The Committee shall consist of seven (7) members who are resident electors of the Study Area. Based on the percentage of current population in each Commission district within the Study Area as compared to the current population of the total Study Area, Commissioners, by filing a written memorandum to the Clerk of the Board of County Commissioners, shall appoint the number of members as stated below:

District 7: 1 member

District 11: 6 members

If a Study Area is contracted as required by Section 20-29 of the Code because a Commissioner does not consent to the inclusion of any portion of his or her district in the Study area, the number of members any Commissioner is entitled to appoint will be modified proportionately. Upon such occurrence, the Mayor or the Mayor's designee shall then determine the percentage of population in the Study Area in each Commission district as compared to the population of the total Study Area, as revised, compute the number of appointments per Commissioner, and shall notify each affected Commissioner of how many appointments are to be made based on the revised Study Area. Alternatively, should the Study Area be expanded as authorized by this article, the number of appointments to be made by any Commissioner shall be determined utilizing the procedure set forth above for contraction of the Study Area.

(The source of population numbers utilized herein are based on the: U.S. Census Bureau, Census 2010 and Miami-Dade County, Regulatory and Economic Resources Department, Planning Research Section, December 2012 and only includes population numbers inside the Urban Development Boundary.)

The district commissioner who previously made appointments to a seat shall fill any vacancy in that seat by filing a written memorandum to the Clerk of the Board of County Commissioners.

The members of the committee shall select officers from the membership as desirable or necessary.

The provisions of Section 2-11.38 of the Code of Miami-Dade County that prohibit simultaneous board service on more than two County boards and membership on certain listed County boards and service on this Committee are waived; provided, however, no member of the Planning Advisory Board may be a member of this Committee.

The provisions of Section 20-29(A) of the Code of Miami-Dade County that prohibit the creation of a municipal advisory committee unless at least twenty-five (25) percent of the resident electors in the area to be studied consent in writing to the creation of a municipal advisory committee are hereby waived.

(Ord. No. 1371, §§ 1—3, 7-2-13)