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96-012 RESOLUTION NO. 96-12 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 THE SERVICES OF THE COUNTY PLANNING, DEVELOPMENT AND REGULATION DEPARTMENT TO BE PROVIDED TO THE CITY OF AVENTURA FOR BUILDING, ZONING AND PLANNING; PROVIDING AN EFFECTIVE DATE. WHEREAS, the attached Interlocal Agreement provides for a smooth transition in the transfer of building, zoning and planning functions by enabling the City of Aventura to utilize the services of the County Planning, Development and Regulation Department for building, zoning and planning matters; 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 Interlocal Agreement between Metropolitan Dade County and the City of Aventura, in substantial conformity to the instrument attached hereto, is hereby approved and the Mayor is authorized to execute said Interlocal Agreement on behalf of the City of Aventura, once approved by the City Attorney as to legal sufficiency. Section 2. That this Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Councilmember Rogers-Liber~ who moved its adoption. The motion was seconded by Councilmember Berqer , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur Snyder this PASSED AND ADOPTED 9th d f A ri ; 19 6. YD ATTEST: APPROVED AS TO LEGAL SUFFI(~IENCY: ACTING CITY CL]ERK - 2 - INTERLOCAL AGREEMENT FOR SERVICES OF COUNTY PLANNING, DEVELOPMENT AND REGULATION DEPARTMENT This Agreement entered into this __ day of April, 1996, by and between the City of Aventura, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY;" and Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY;" W I TNE S S E TH: WHEREAS, the City Charter was approved by the citizens of Aventura on November 7, 1995; and WHEREAS, both the COUNTY and the CITY are interested in insuring that there be a smooth transition in the transfer of building, zoning and planning functions, including functions provided by the COUNTY Planning, Development and Regulation Department. NOW THEREFORE, in consideration of the above and other good and valuable consideration, the parties hereto agree as follows: A. SCOPE OF SERVICES. 1. The COUNTY will, through the Planning, Development and Regulation Department, receive and process permit applications for any new construction, alterations and improvements on real property within the jurisdiction of the CITY, all in accordance with current practice for the unincorporated area of Dade County. This will include the issuance of all required subsidiary permits such as electrical, plumbing, mechanical, roofing, gas, etc. It will also include the performance of all required inspections and the issuance of applicable Certificates of Completion (CCs) and/or Certificates of Occupancy (COs). 2. The COUNTY will use current COUNTY forms for all permit applications and related building and zoning services provided for the CITY. 3. All applications for permits to do work in the CITY shall be made at the COUNTY's Planning, Development and Regulation Department offices. All requests for inspections shall be made by calling the COUNTY's Planning, Development and Regulation Department. 4. The CITY shall review and process all permit applications for zoning compliance and show zoning approval by a stamp or mark with authorized signature of the individual so approving on behalf of CITY on all copies of applications and plans. The CITY shall take all steps necessary to expedite such zoning compliance approval on daily walk-through, as well as drop-off permit applications. 5. The COUNTY will maintain records in accordance with current practice for the unincorporated area of Dade County. 6. The COUNTY will provide the CITY with a monthly activity report of all services provided for the CITY. 7. The COUNTY will process zoning applications in accordance with current practice for the unincorporated area of Dade County and submit factual background to the CITY. The CITY shall make the final determination and so advise the COUNTY. 8. If requested by the CITY, the COUNTY will provide code 2 enforcement services, on a case by case basis, concerning building code and zoning violations, as well as contracting and minimum housing violations. These services will include the issuance of notices of violation, citations and liens on property. The fees for these services, if requested, will be in accordance with Section B below. B. FEES The COUNTY and the CITY agree that the COUNTY will charge the applicant and other third parties fees for Department of Planning, Development and Regulation services as outlined in County Administrative Order 4-63A, as amended. These fees, plus fees collected for other Dade County departments for related activities will be retained by the COUNTY as compensation for services performed. For code enforcement activities, the COUNTY will charge a fee of $350.00 per case and the COUNTY will retain any revenues from permits, tickets or liens paid as a result of such enforcement activities. Fees and administrative costs collected as a result of enforcement cases initiated under Chapter 17, 17A and 17B of the County Code and Section 202 of the South Florida Building Code (SFBC) will be retained by the COUNTY. C. PENDING APPLICATIONS Ail building, zoning and planning applications received prior to November 7, 1995 will be processed by COUNTY in accordance with standard operating procedures in effect at the time of filing 3 unless requested by CITY to be remanded to the CITY's review or jurisdiction. COUNTY shall comply with CITY's request as to any matter within CITY's jurisdiction. Written notice will be given by COUNTY to the CITY of all pending applications and actions. The CITY may submit concerns and recommendations to the COUNTY upon any items not so requested to be remanded to CITY. All building, zoning and planning-related applications filed after November 7, 1995 or filed after the date of this Agreement will be processed in accordance with this Agreement. D. INDEMNIFICATION AND HOLD HARMLESS In connection with this Agreement, the CITY shall indemnify and save harmless the COUNTY from any and all claims, liability, losses and causes of action, to the extent of the limitations included within Florida Statutes Section 768.28. However, nothing herein shall be deemed to indemnify the COUNTY for any liability or claims arising solely out of negligence by the COUNTY. E. TERM This Agreement will be in effect from the date of its execution and will continue until September 30, 1997, unless previously terminated. F. TERMINATION This Agreement may be terminated by either party upon 30 days' written notice. Notice must be respectively directed to the Dade 4 County Manager on behalf of COUNTY and to the Aventura Mayor and City Attorney on behalf of CITY. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on their behalf as of the date first above written. ATTEST: CITY OF AVENTURA, FLORIDA a municipal corporation By: By: Vice Mayor Mayor (SEAL) APPROVED: By: City Attorney ATTEST: METROPOLITAN DADE COUNTY, a political subdivision of the State of HARVEY RUVIN, CLERK Florida By: By its Board of County Commissioners By: County Manager (SEAL) Approved: County Attorney 32800 l\transition. B&Z 5 ATTORNEYS AT LAW :~6~15 SOUTH BAYSHORE DRIVE SUITE :~04 L. ROBERT ELIAS MIAMI~ FLORIDA 33133 "'CMA"[3 'JAYWEISS April 4, 1996 VIA FACSIMILE AND U.S. MAIL Ms. Diane O'Quinn Williams Supervisor Zoning Hearings Section Metropolitan Dade County Department of Planning, Development and Regulation 111 NW 1st Street Suite 1110 Miami, Florida 33128-1974 Re: City of Aventura Dear Ms. Williams: Please be advised that at the April 2, 1996 Council meeting, the City Council of Aventura enacted an Ordinance enabling the City Council to take action on zoning matters within the jurisdiction of the City of Aventura in accordance with Section 8.03 of the City Charter. Council also adopted a Resolution requesting Dade County to defer action on pending zoning matters to enable the City of Aventura to assume jurisdiction. A copy of the Ordinance and Resolution are enclosed for your reference. Also enclosed is a proposed Interlocal Agreement which is a revised version of the Agreement which I previously provided to you. Your assistance is requested in finalizing the Interlocal Agreement and implementing the above-referenced Ordinance and Resolution. The City Council has authorized me to request that those pending matters listed on your letter to Councilmember Arthur Berger of March 28, 1996 be remanded to the City Council of the City of Aventura for determination. The City Council specifically requests that the following items be remanded to the City Council for a hearing to be held by the City Council on Tuesday, April 23, 1996 at 7 p.m. at the City Council meeting location at the Aventura Hospital Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, as follows: file No. 95-604, Barnes & Noble; file No. 95-627, Jiffy Lube; file No. 95-336, Aventura Acquisition. Ms. Diane O'Quinn Williams April 4, 1996 Page 2 Pursuant to the proposed Interlocal Agreement for the continuation of Planning, Development and Regulation Department services, we respectfully request that you take all steps necessary to advertise and provide for notification of this zoning hearing for the Aventura City Council. This will enable zoning approval applications to be determined without unnecessary delay. Thank you for your continued assistance. Please advise me if anything further is required at this time. Very truly yours, /~ David M. Wolpin DMW\tms\328001 enclosures cc: Honorable Arthur Snyder Robert Ginsburg, Esq. Richard Jay Weiss, Esq. WEISS SEI~OT~ ~c HELFI~La~N, P.A.