2011-07RESOLUTION NO. 2011 -07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY
PLANNING IN MIAMI -DADE COUNTY BETWEEN THE CITY OF
AVENTURA, THE OTHER NON - EXEMPT MUNICIPALITIES IN MIAMI -
DADE COUNTY AS REQUIRED BY FLORIDA STATUTES; PROVIDING
FOR AN AMENDMENT TO PARAGRAPH 9.2(f) OF THE AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City entered into an Interlocal Agreement for Public School
Facility Planning in Miami -Dade County on February 4, 2003 as authorized by
Resolution No. 2003 -15; and
WHEREAS, the City entered into an Amended and Restated Interlocal
Agreement for Public School Facility Planning in Miami -Dade County on January 8,
2008 as authorized by Resolution No. 2008 -08; and
WHEREAS, Section 18 of the Agreement provides that should the School Board
enter into an agreement with another municipality or County, separate or otherwise,
which provides more beneficial terms than those agreed to in the Interlocal Agreement,
the School Board shall offer the same terms to all other parties to this Agreement; and
WHEREAS, the City Commission finds it in the best interests of the citizens of
the City to enter into a Supplemental Agreement amending the Interlocal Agreement to
include one of the provisions that is included in a separate agreement made between
the School Board and Miami -Dade County, while rejecting the other provisions of the
separate agreement with the County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1 . The following amendment to Paragraph 9.2(f) of the Amended and
Restated Agreement authorized by Resolution No. 2008 -08 is hereby approved':
Section 9. Implementation of Public School Concurrency
9.2 The School Board, County and Cities agree to the following principles for
public school concurrency in Miami -Dade County:
Underlined text indicates additions to existing language in the Agreement.
Resolution No. 2011 -07
Page 2
(f) Proportionate Share Mitigation: The School Board shall establish with the
District Facilities Work Program the following standards for the application of
proportionate share mitigation:
Options for providing proportionate share mitigation for any approval of additional
residential dwelling units that triggers a failure to meet the Level of Service
Standard for public school capacity will be specified in the County's and Cities'
Public School Facilities Elements. Proportionate share mitigation must be
acceptable to the School Board. Options shall include the following:
6. Charter Schools — Charter Schools may be considered as a mitigation
option only at the sole discretion of the School Board. Criteria associated with
this option shall be developed by the School Board.
Section 2 . The City Commission is not in favor of accepting "Proposed
Amendment No. 1" to the Amended and Restated Interlocal Agreement which would
change the current and existing requirement of a unanimous vote of all Agreement
signatories to a two- thirds vote of the municipalities.
Section 3 . The City Manager is hereby authorized, on behalf of the City, to
execute the Amended and Restated Interlocal Agreement, in substantially the form
which is attached hereto, and is authorized to do all things necessary to carry out the
aims of this Resolution and of the Amended and Restated Interlocal Agreement.
Section 4 . This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
rtes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Bob Diamond
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011- O q
Page 3
PASSED AND ADOPTED this 4th day of January, 2011.
USAN GOT IEB, MAYOR
i
�. �...
APPROVED A TO LEGAL SUFFICIENCY:
CITY ATTORNEY A�
This Resolution was filed in the Office of the City Clerk this 0- day of January, 2011.
LLWA-�Ix
(VYCLERK U -
FIRST SUPPLEMENTAL AGREEMENT TO AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN
MIAMI -DADE COUNTY
This First Supplemental Agreement (hereinafter referred to as the "Supplemental
Agreement ") to the Amended and Restated Interlocal Agreement for Public
School Facility Planning in Miami -Dade County (hereinafter referred to as the
"Agreement ") is entered into between the School Board of Miami -Dade County,
Florida, a political subdivision of the State of Florida (hereinafter referred to as
the "School Board "), and one or more of the following local governments in
Miami -Dade County, whose joinder in the Supplemental Agreement is indicated
by their execution hereof: The Cities of the City of Aventura, Town of Bay
Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of
El Portal, City of Florida City, City of Homestead, Village of Key Biscayne, City of
Miami, City of Miami Beach, Town of Miami - Lakes, Village of Miami Shores, City
of Miami Springs, City of North Bay Village, City of North Miami, City of North
Miami Beach, City of Miami Gardens, City of Opa Locka, Village of Palmetto Bay,
Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of
Sweetwater and the City of West Miami (hereinafter collectively referred to as
"Cities ")
RECITALS
WHEREAS the Cities and School Board have entered in to the Amended and
Restated Interlocal Agreement for Public School Facility Planning in Miami -Dade
County; and
WHEREAS, the County and School Board have entered into the Interlocal
Agreement for Public School Facility Planning in Miami -Dade County (the
"County Agreement "); and
WHEREAS, Section 17 of the Agreement provides that the School Board may
enter into Supplementary Agreements with individual municipalities to address
individual circumstances; and
WHEREAS, Section 18 of the Agreement provides that should the School Board
enter into an agreement with another municipality or County, separate or
otherwise, which provides more beneficial terms than those agreed to in the
Interlocal Agreement, the School Board shall offer the same terms to all other
parties to the Interlocal Agreement; and
WHEREAS, the School Board and certain municipalities desire to enter into this
Supplemental Agreement, addressing certain non - substantive matters from the
County Agreement on which the parties have reached agreement.
AGREEMENT
NOW THEREFORE be it mutually agreed between the School Board and the
Cities that the Agreement is modified to provide for the following amendment in
underlined text:
1. Section 9. Implementation of Public School Concurrency
9.2 The School Board, County and Cities agree to the following principles for
public school concurrency in Miami -Dade County:
(f) Proportionate Share Mitigation: The School Board shall establish with the
District Facilities Work Program the following standards for the application of
proportionate share mitigation:
Options for providing proportionate share mitigation for any approval of additional
residential dwelling units that triggers a failure to meet the Level of Service
Standard for public school capacity will be specified in the County's and Cities'
Public School Facilities Elements. Proportionate share mitigation must be
acceptable to the School Board. Options shall include the following:
6. Charter Schools — Charter Schools may be considered as a mitigation
option only at the sole discretion of the School Board. Criteria associated
with this option shall be developed by the School Board.
2. All other provisions of the Amended and Restated Interlocal Agreement
entered into by the City of Aventura on January 8, 2008 under authority of
Resolution No. 2008 -08 are incorporated herein by reference to the extent not
inconsistent herewith.
IN WITNESS WHEREOF this Interlocal Agreement has been executed by and on
behalf of the School Board of Miami -Dade County, Florida and the City of
Aventura, this day of 1 2011,
THE SCHOOL BOARD OF MIAMI -DADE COUNTY
Attest:
Attest:
Approved as to form:
. Chair
Secretary
School Board Attorney
THE CITY OF AVENTURA
Eric M. Soroka, ICMA -CM, City Manager
Attest:
Teresa M. Soroka, MMC, City Clerk
Approved as to form:
David M. Wolpin, Esq. City Attorney