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96-001 RESOLUTION NO. 96-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR APPROVAL OF INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF AVENTURA PROVIDING FOR AN ADVANCE OF FUNDS TO THE CITY FOR INITIATION AND START-UP OF MUNICIPAL GOVERNMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the attached Interlocal Agreement provides for an advance of funds from Metropolitan Dade County to be utilized by the City of Aventura for the initiation and start-up of municipal government and the performance of initial municipal services; and WHEREAS, the City Council finds that approval of said Agreement is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the attached Interlocal Agreement between Metropolitan Dade County and the City of Aventura is hereby approved and the Mayor is authorized to execute said Interlocal Agreement on behalf of the City of Aventura. Section 2. That this Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th da~ of March, 199~. CITY ATT~ORNEY ACTING CITY CLERK INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into between Metropolitan Dade County, a political subdivision of the State of Florida (the "County") and the City of Aventura, a municipal corporation of the State of Florida (the "City") entered inte this ~ ~ day of , 1996. WHEREAS, on the 7th day of November, 1995, a Charter for the City of Aventura was approved by the citizens of Aventura and the City Council was sworn into office on the 28th day of March, 1996; and WHEREAS, the City Council has requested assistance from the County for the advance of funds to be utilized by City for the initiation and start-up of municipal government and the performance of initial municipal services; and WHEREAS, County will be collecting certain revenues on behalf of the City and desires to provide the assistance requested. NOW, THEREFORE, the parties hereto do covenant and agree as follows: Section 1. Fundinq Assistance. Within seven (7) days after the date of execution of this Agreement, County shall provide to City an advance of funds in the amount of Three Hundred Thousand ($300,000) Dollars to be utilized by City for the purposes set forth in Section 2 of this Agreement. Any repayment of the funds advanced shall be subject to negotiation as set forth in Section 3 1 of this Agreement. Section 2. Use of Advanced Funds. City agrees that the funds advanced to City hereunder shall be used by City for the initiation and start-up of municipal government and the performance of initial municipal services. Section 3. ~ransition. County and City shall promptly meet, by and through their authorized representatives, to negotiate the terms, conditions and provisions which will govern the transition of government services and functions from the County government to the City government, and the crediting of funds advanced by County to City hereunder. Section 4. Records. City shall produce and maintain records, such as vouchers, bills, invoices and receipts sufficient to reflect properly all receipts and expenditures of funds provided under this Agreement. Section 5. Indemnification. City shall indemnify and save harmless County from any and all claims, liability, losses and causes of action, arising out of this Agreement, to the extent of the monetary limitations included within Florida Statutes, Section 768.28. However, nothing herein shall be deemed to require City to indemnify County for any liability or claims arising out of the sole negligence of County. Section 6. Effective Date. This Agreement shall be effective immediately upon execution by both parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to 2 be executed on their behalf as of the date first above written. CITY OF AVENTURA a mu~cipa~l corporation By / Mayor[ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney METROPOLITAN DADE COUNTY a political subdivision of the State of Florida By its Board of County Commi s~T/oner s' B~~Z~M~anager ATTEST: HARVEY RUVIN, CLERK ~- ~.~ ~;~'~,, ~.~% ~ % APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By County Attorney 3 STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) - I, HARVEY RIA/IN, Clerk of the Circuit Court In and ~or Dade County, Florida. and Ex-Officio Clerk of the Board of County c~,missioners of Said County, DD ltEREBY CE~RTIF~' that the ~bove and 'for~3oing is a true a~ turret ~y of R~luti~ ~. R-343-96 , a~t~ by the ~id ~rd of ~nty ~issi~rs at Its ~tlng ~ld on ~2~t ~. 19 96. IN WITI~E:SS V,'J[P~3F, I have hereunto set my hand and official seal on this day of , A.D. 19 ~ RLIVIN. Clerk Board of County Oo..issioners D~deOounty, Florida By Deputy Clerk Board of County O~..issioners Dade County. Flor ida Harvey Ruvin CLERK OF THE CIRCUIT AND COUNTY COURTS  Dade County, Florida -~ CLERK OF THE: BOARD OF COUNTY COMMISSIONERS STEPHEN P. CLARK METRO-DADE GOVERNMENT CENTER SUITE 210 111 N.W. 1st Street Miami, Florida 33128-1983 HARVEY RUVIN Telephone: ( 305 ) 375-5126 Clerk April 8, 1996 Mr. David Wolphin, P.A. Weiss. Serota& He[fman 2665 South Bayshore Drive Suite 204 Miami, FL 33133 Dear Mr. Wolphin: Enclosed please find one original copy of the Interlocal Agreement with the City of Aventura, providing for the provision of funding assistance to the City by the County. This Agreement was approved by the Board of County CoTmissIon at its meeting of April 2, 1996, a Certified copy o¢ Resolution 343-96 approving this agreement is enclosed. Sincerely, By: ,';I Kay Sullivan KS:ea Enclosures Administrative Services Division - Central Depositow - Civil Division - Clerk of the Board - Comptroller/Auditor Criminal Division - District Courts Division - Family Division - Juvenile Division - Marriage License - Parking Violations - Recording Records / Archives Management-Technical Services Division- Traffic Division CLKICT 700 REV 05/95 Prated on Recvc4ed paper ~ MEMORANDUM ~&o7.,7^;,-; ............ - Agenda Item No. 6(B)(2) Honorable Chairperson and Members April 2, 1996 tO: Board of County Commissioners DATE: M /'~ 10:~do ~'~ai, P -~ SUBJECT: Interlocal Agreement with · the City of Aventura FRO .E. County Manager RECOMMENDATION .: It is recommended that the Board of County Commissioners approve the.attached interlocai agreement authorizing an advance of $300,000 to the City of Aventura to 'defray municipal start-up costs while the City and the County continue to negotiate transition, service and funding issues. BACKGROUND .., ..... As the Board is aware, the City of Aventura officially incorporated with voter approval of its charter on November 7, 1995. On March 29, 1996, at its first official meeting, the Aventura City Council approved the attached interlocal agreement, which authorizes the payment to the City of $300,000 which is our estimate of the City's monthly utility tax revenue. The funds advanced to the City will allow it to cover initial start-up costs while beginning the process of establishing its own revenue sources and determining its own service levels and priorities. Pursuant to the Aventura Charter, the City will remain in the Fire-Rescue District and we anticipate it will also remain in the library system. Therefore, City residents will continue to receive fire-rescue and library services from Metro-Dade. The County anticipates continuing to provide all other municipal services such as police, public works, code enforcement, planning, solid waste collection and related support functions as budgeted and planned for the remainder of this fiscal year. The interlocal agreement anticipates negotiations with the City to determine the amount, if any, of funds collected by the County which should be paid to the City, the cost of County services to Aventura until the City assumes ail of its municipal responsibilities and the provision of service in future years. Our primary goal in these negotiations is to protect the remaining unincorporated area residents with regard to the level and quality of services already planned and budgeted for this fiscal year. In line with the precedent set for the Village of Key Biscayne, funds provided to the city would be based on the City's needs and would not exceed the City's costs through September 30. However, Aventura officials have requested that the City get ail revenue generated within its boundaries as of November 7, 1995, and then pay reasonable costs for the services the County has provided. We will report further on this issue to the Board with appropriate recommendations as necessary. Attachment CMt4196.~am J Agenda Item No. 6 (B) ( 2 ) 4-2-96 RESOLUTION NO. R-343-96 RESOLUTION APPROVING INTERLOCAL AGREEMENT WITH THE CITY OF AVENTURA; PROVIDING FOR THE PROVISION OF FUNDING ASSISTANCE TO THE CITY BY THE COUNTY WHEREAS, the City of Aventura has requested "start-up" funding assistance from the County; and WHEREAS, the County is desirous of providing this funding assistance, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approPe-g Interlocal Agreement between the City of Aventura and the County in substantially the form attached hereto. The foregoing resolution was offered by Commissioner Gwen Margolis , who moved its adoption. The motion was seconded by Commissioner Natacha S. Millan , and upon being put to a vote, the vote was as follows: James Burke aye Miguel Diaz de la Portilla aye Betty T. Ferguson aye Maurice A. Ferre aye Bruce Kaplan absent Gwen Margolis aye Natacha S. Millan aye Dennis C. Moss aye Alexander Penelas aye Pedro Reboredo absent Katy Sorenson aye Javier D. Souto absent Arthur E. Teele, Jr. absent Agenda Item No. 6 ( Page No. 2 The Chairperson thereupon declared the resolution duly passed and adopted this 2nd day of April, 1996. DADE COUNTY, FLORIDA BY ITS BOARD OF ~'~/'~ ~ COUNTY COMMISSIONERS ' '~"~ "'~-~~_'_~'~~ HARVEY RUVIN, CLERK ~~~~'" By: KAY SULLIVAN Deputy Clerk Approved by County Attorn .e~ .a,s to,. form and legal sufficiency. -'