96-043 RESOLUTION NO. 96-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN
METROPOLITAN DADE COUNTY AND THE CITY OF
AVENTURA; 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 of Aventura and Metropolitan Dade County wish to enter into
the attached Intedocal Agreement; 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 Interlocel Agreement between Metropolitan Dade County
and the City of Aventura, a copy of which is attached hereto and made a part hereof, is
hereby approved and the City Manager is authorized to execute said Interlocal
Agreement on behalf of the City of Aventura.
Section 2. Tl~at the City Manager iS authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. That this ReSolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Rogers-Libert, who moved its
adoption. The motion was seconded by Councilmember Berger, and upon being put to a
vote, the vote was as follows:
Resolution No. 96- 4~3
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Pedow yes
Vice Mayor Patdcia Rogers-Libert yes
Mayor Arthur Snyder yes
PASSED AND ADOPTED this ].6 _d~day~
/~q'HI3R I. SNYDIER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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Not On
M E M 0 R A N D U M SuBstitute
~-~^~.~ Agenda Item No. 6(B)(8)
,. Honorable Chairperson and Members DATE:. October 8, 1996
Bo~ounty C~nmissioners
,,,~/V , &e SUBJECT: Interiocal Agreement with
tho City of Aventura
OM: Armando Vidal, P.E.
RECOMMENDATION
It is recommended that the Board of County Commissioners approve the attached intedocal
agreement with the City of Aventura authorizing the County to provide municipal ~vices to the City
during interim and transition periods, transferring title to municipal roads and rights-of way, and
beginning the precis of transferring tho Marina del Roy park zite to the City. Approval of this
agreement is subject to the Board's approval of amendments to Section 2-8.7 of the County Code that
governs the County's ability to contract with new cities to provide them services.
BACKGROUND
As the Board is aware, the City of Aventura incorporated with voter approval of its charter on
November 7, 1995, and its Mayor and City Council were s~vorn in on March 28, 1996. The City has
just begun its first full fiscal year as a city. To help the City transition into a full-service city, the
~t~ached Agreement allows the County to provide police, public works, waste collection, and certain
planning and bulidlnE and zoning services pursuant to a fee zchedule in the Agreement. The
Agreement cover~ the period from the d~te of incorporation of the City until September 30, 1996
(Interim Period) and the first ~ix months of the new fiseal year (Transition Period) with options to
renew for an additional tWelve months (~x month~ at a time. for a total of eighteen months aRer the
Integra Period) upon request by tho City and approval by the Board of County Commissioners. The
City has already assumed full responsibility for code enfomemant services and should assume a
number ofbnilding and zoning ~t~ices by November I, 1996.
Other key provi~ions in tho Agreement include:
* For the Interim Period the County provided the zame level of municipal services as planned and
budgeted in f~cal year 1995-96 with no charge to the City. Tho County has collected property
taxes and other revenues from this area for this period~ however, the County will remit to the
City all of the utility tax revenue the County has collected from the Aventura area from the date
of incorporation less advanoes as per tho Agreement.
* The County will tranffer tho ownership of the Marina del ROY park site to the City, subject to
the concurrence of Cdendale Federal Bank~ and the substitution of the City of Aventura for the
County as a party to certain agreement pertaining to Marina de ROY.
Honorable Chairperson and Members
Board of County Commissinners
Page 2
+ The A~reemeet transfers jurisdiction ownership and control of local public roads within its
+ The City will remain in the Fire and Library Districts.
· The City is required to provide the County with a timetable for transitioning from County to
City services and there are provisions for the ordedy transfer of functions.
The provisions of figs agreement generally follow those contained in the Village of Pinecrest
agreement approved by the Board on September 17. The significant difference is that since Aventura
will be levying its own property taxes in FY 1996-97~ it will reimburse the County for all services
provided pursuant to a payment s~hedule.
As with the Pinecr~ atp~ement, an item not provided for in the Atp'eement but which remains an
isme with the new city, is the disposition of Florida Power and Light (FPL) franchise fee revenue. I
am recommending that'the County retain this revenue for as long as the County has a franchise with
FPL in light of the significant loss of other revenue to the unincorporated area due to these
incorporations. Retaining these revenues will help to partially mitigate this loss. There are about 24
years remains in the contract. Both Aventura and Pineerest have maintained that they should receive
this revenue. This revenue is estimated to. be $1.8 million per year in Aventura.
This substitute item differs from the original item in that the proposed interl°cal:
I. Specifies certain County roads and State roads within the jurisdiction of the City are
excluded from transfer to Aventura.
2. Deletes the requirement that the County provide the City with a deed evidencing the
transfer of certain County roads to the city, which transfer was effectuated by this
agreement.
3. Clarifies that the Board of County Commissioners, not the County Manager, has the
option to renew this agreement.
CMOI/'21 g96
Not On
Substitute
Agenda I~m No. 6 (B) ( 8 )
10-8-96
RESOLUTION APPROVING INTERLOCAL AGREEMENT
WITH THE CITY OF AVENTURA; AUTHORIZING THE
COUNTY TO PROVIDE MUNICIPAL SERVICES FOR AN
INTERIM AND TRANSITION PERIOD; SE'rTING FORTH
THE COSTS OF MUNICIPAL SERVICES TO BE
PROVIDED BY THE COUNTY TO THE CITY OF
AVENTURA; PROVIDING FOR ASSUMPTION OF
SERVICES BY THE CITY; TRANSFERRING OWNERSHIP
AND JURISDICTION OF LOCAL PUBLIC ROADS;
AUTHORIZING THE COUNTY TO TRANSFER
OWNERSHIP OF MARINA DEL REY PARK SITE TO THE
CITY
WHEREAS, the City of Aventura and the County have reached an agreement on
the provision of municipal services by the County to the City of Aventura; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the
Interlocal Agreement between the City of Aventura and the County in substantially the
form attached hereto.
The foregoing resolution wag offered by Commissioner
, who moved its adoption. The motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
~ames Burke lVl~,uel Diaz do la Portilla
B~ T. F~on ~t,~ ~ F~
Bmoe Kaplan C-wen Mar~olis
Natacha S. ~ Delmis C. Moss
Alexander P~elas P~iro P,a~mdo
Katy Sorenson lavier D. Souto
Arthur E. Teelc, Ir.
Agenda Item No. 6 (B) ( 8 )
Page 2
The Chairperson thereupon declared the resolution duly passed and adopted
thls 8th day of October, 1996.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUV1N~ CLERK
Approved by County Attorney ~s~,~_~ By:.
to form and legal sufficlency.~ Deputy Clerk
1NTERLOCAL AGREEMENT
This is an lntertocal Agreement 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 this day of ,1996 (the or this
"Agreement*).
BACKCvROUND
On November 7, 1995, a charter for the City was approved by the citizens of Aventura
and on March 28, 1996, the ilrst City Council was sworn into office. Prior to incorporation, the
area included within the City boundaries ('City Area") was part of the unincorporated area of the
County (~UMSA~). Police, planning, park and recreation, public works, stormwater
management, solid waste collection and building and zoning services (collectively, *Municipal
Services'; individually, each a "Municipal Service") have continued to be provided to City Area
by the County since November 7, 1995.
The City and the County want to enter into this Agreement in order to: I) agree on
Municipal Services and levels and cost of service~ to be provided to the City by the County from
November 7, 1995, through September 30, 1996 (the 'Interim Period') and from October !, 1996
through March 3 I, 1997 (the "Transition Period*) or as may be extended through other
provisions of this Agreementl 2) outline a proceduro whereby the City may, from time to time as
it deems appropriate, provide all or some Municipal Services in lieu of the County; 3) establish
procedures fo~ mending this Agreement for up to two eunsecotive periods following the initial
term of this Agreement; 4) require a time-table for !he orderly transition from the County's
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provision of Municipal Services to the City pmvidi~ its own Municipal Sorvioea; and $) alp~e
upon and clarify certain other issues.
NOW, TI-IHREFORE, the partle~ hereto agree as follows:
1. MUNICIPAL SERVICES FOR INTERIM pERIOD
l.i For the Inter/m Period, the County al/reea to continue to provide Municipal
Services (police, park and recreation, public works, planni~ solid waste collection, stormwater
man~ement, code ad'orcement and buildi~ and zoninE) directly or throul~h, its contractors at the
same levels of service as was budEeted in fiscal year 1995o96.
2. MUNICIPAL SERVICES FOR TRANSITION PERIOD
2.1 Cg~ntv ResV°nsibilifies. For the Transition Period, the County agrees to
continue to provide Municipal Services directly or through its contraotors to residents and others
in the City as provided in its Agreement. These services are described below:
2.1. i Police Services. Through the Metro-Dade Police Department
(#MDPD'), the County will provide police services and protection to the City. Police practices
and operational staffing patterns will continue in the same manner and at the same level as those
provided in the Interim Period. MDPD will answer all calls for police service within the City and
uniformed patrol officers as well as other field staffwill be fury supported by ali MDPD specialty
units as needed andby the complete admini~i/aiive and other support seevic~ of the department;
however, MDPD officers will enforce only those existing state laws and county ordinances as may
be mended or added during the Transition Period.
2.1.2 l;olid Waste Collection Services. The County shall continue to
provide twice weekly garbage and trash collection and once a week recycling services to
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~ingie-family residential customers in the City who are currently part of the County's Waste
Collection Service District as planned in the adopted 1996-97 County budget. These services
include the neighborhood trash and recycling station currently available for customers of the
Waste Collection district in the City Area.as well as code enforcement of waste-related violations.
The County will provide garbage, trash and recycling collection services and will receive payment
in accordance with the Metropolitan Dade County Code during fiscal year 1996-97 until a
transition notice is given and is effective pursuant to Section 5.1 of this Agreement. Since these
~rvices are funded on an annual basis with the special assessment collected from most customers
through the property tax bill, no separate fee schedule is shown in Section 4.1.
2.1.3 planning. Buildin_~ and Zonin_~ Services. Through the Metropolitan
Dade County Department of Planning, Development and Regulation (PDR), the County will
perform analyses on applications for zoning heatings and on applications for amendments to the
County's Comprehensive Development Master Plan ("the Plan"), should the need arise, as
outlined below. It should be noted that the County has provided the following planning, building
and zoning services for the City during the Interim Period and that the City will assume providing
services deseribed in Sections 2.1.3.1 through 2.13.7 effective November I, 1996.
2.1.3.1 1~ The County will reoeive and proeess .p .ermit
applications for any new construction, alterations or improvements on real property
(~)evelopment Activity') within the jurisdiction of the City, all in a~ordance with cun'ent
practice (including forms and inspe~ion procedures) for the unincorporated area of the County.
This will include the issuance of all required mbsidiary permits, such as eieetrical, plumbing,
mechanical, windows, shutters, roofing, and gas. It will also include the performance of all
required inspections and the issuance of applicable Certificates of Completion and/or Certificates
o£Use and Occupancy.
2.1.3.2 Applications. All applications £or permits to do work in the
City shall be made at the offices of the Department of Planning, Development and Regulation.
2.1.3.3 Review by the Ci~. P~ior to the Count~/s issuance of the
initial building permit (or renewal of an expired permit) for any Development Activity, the County
shall transmit one copy of the permit application and three copies of the site plan to the City
Manager for the City's approval. As pan of that transmittal, the County shall provide the City
with a zoning compliance statement on or affixed to the site plans. This statement shall
demonstrate the County's findings as to compliance with such zoning regulations as setbacks,
building height, floor area ratio, landscaping pervious area limits and other zoning eriteria as well
as any applicable public hearing .approved plans and covenants. Once that material is transmitted
to the City, the City will, within five working days, expeditiously review the material for the
purpose of determining that the proposed use shown on the permit application is permitted in the
applicable zoning district and that the County's statement as to zoning compliance has been duly
aflLxed to the site plans, ffthe City finds that the use is permitted and the County's zoning
compliance statcmcat has been duly affixed to the site plans, thc City shall indicate ks app.roval by
the use of n stamp or mark on the site plans signed ~r initialed by the individual making such
~-view on behalf of the City. This approval stamp or mark on the ~e plans shall authorize the
County to issue the permit applied for, if other applicable regulations have been complied with.
One copy of the approved site plan shall be retained by the City. The other two copies shall be
returned to thc County as Njob* and *oflice* sets.
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2. 1.3.4 Walk-throughs. In order to expodito the City review
procedure, the City will implement a process for a routine walk-through or drop-off of the permit
applications and plans by the County or the permit applicant (or r~pres~ntativ~) during t~,ular
business hours at a location designated by the City Manager. Once the City has ~omplcted its
review and issued an approval for an initial permit for the particular Development Activity, the
Ciofs approval of subsidiary permits is not required.
2.1.3'.5 Modifications. Any modifications to the physical elements
of the s'Re plan (i.e. building footprint, parking lot, or landscaping) shall be reviewed and
approved by the City Manager or his d~gnee.
2.1.3.6 Certificate of Use & Occunancv. In addition to the City's·
review of permit applications and site plans, the County further agrees that it.will not issue a
certificate of use and occupancy for any e~isting development where a ohange in use is requested
unless and until the requested certificate is approved by the City in accordance with the same
review procedures described above for other Development Activity.
2. 1.3.7 Records. The C, ounty will maintain records in accordance
with current practice for the unincorporated area and w/Il provide the City, within 10 days after
the end of each month, a monthly aativity report of nil petng-tfi~ services provided during the
2.1.3.8 public Hearin~ Ap_olications.
2.1.3.8.1 ~ The County will give the City
written not~ce within $ days of effeaive date of this Agreement by of all pending applications for
Zoning Public Hearings ("Zoning .Applications").
2.1.3.8.2 New Zonine Apnlicetions. The County shall accept
new Zoning Applications for land within the City and shall process such Zoning Applications as
set forth in this paragraph. All Zoning Applications and supporting documents shall be furnished
to the City Manager or his designee within five days of filing with the County.
2.1.3.8.3 Processing of Pendinc, and New AO~ plications. Ail
pending or new Zoning Applications that are not yet scheduled and noticed for hearing shall be
processed and noticed by the County for public hearing by thc City at a time and place determined
by the City. The time and place shall be furnished .to the County in adequate time to prepare and
publish appropriate notice. The processing of Zoning Applications by the County shall include a
complete analysis, including site data, historical background, and comprehensive plan consistency,
and shall include the recommendations of the County's ~ All such analyses shall be furnished
to the City five days in advance of the Ci~s conducting its public hearing on the respective
Zoning Applications.
2.1.3.8.4 ~;ubstsntial (.~omnliRnce Determinations and.
~dmlnis;.rative Site Plan Aonrovals. During the term of'this Agreement, the City shall make all
substantial compliance determinations in connection with plans previously approved at public
hearing by the County. The County shall refer to the City Manage' or his dedgnee requests for
adminiai~adve rite plan reviews. The County shall tnmsmit its recommendations with the
transmission o£these items.
2. ! .3.8.5 Administrative 'Variances. During the term of*this
AgreemcnL the County shall receive and process all applications fur adminia;~ive variances.
Upon the completion of*the processing (including the preparation of*a statTre~ommendation) of*
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such requests, the County shall transmit the full applications to the City for final aotion by the City
Counoil.
2. !.:3.9 Platting. During the term °fthis Agreement or until
otherwise notified by the City, the County shall receive, review and proce~ aH requests for
platting approval (/nduding waivers of plat)/n accordance w/th Section 28-1(L) of the County
code. Upon'cempletion of the review and proo~sins~ the County shall submit'all final plats and
waivers of plat to the City for City CounoiI approval.
2.1.3. l0 Comprehensive Development Master Plan. The City
acknowledges that the Plan is the controllinE master plan for the City. Until the CiW prepares' and
adopts its own comprehensive plan in accordance with state statutes, amendments to the County's
Plan must be filed through the County's Plan amendment process. The City will be EK, en notice
by County of any Plan amendment applications filed within the City's boundaries. Additionally, in
accordance with the Intergovernmental Coordination Element of the Plan, County shall provide
notice to the City of any Plan amendment applicatioris filed with County for areas adjacent to the
City. It is the intent of the parties to enter into an aErcement pursuant to Section 163.3172 (3)
Florida Statues to allow the City to enaot Plan amendments within the judsdiotion of the C/ty and
to allow the City to assume responsibility for dotermini~ all such amendments to tho extent
allowable by law.
2. I.4 ~ The County has provided this se~ce to the
City durinE the Interim period, but the City has taken over all code enforcement functions as of
September 9, 1996.
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2.1.5 !~ Through the County Department of Public Works,
other appropriate County departments or contractors, the County will provide the following
services, performed in accordance with current practice in UMSA and at the service levels
provided in the adopted 1996-97 County budget:
2.1.5.1 Municipal-type local road and right-of-way maintenance
s~-n, ices, including shoulder repair, pothole patching'and asphalt patching of sidewalks and bike
paths to the City.
~2.1.5.2 The County will continue to provide stormwater mility
services for stormwater systems located within the City's jurisdiction and collect fees associated
with those services until such time as the City is granted an exemption to the StormwaterUtility
Ordinance pursuant to Metropolitan Dade County Code Section 24-61.2, as may be amended.
2.1.5.5 The City hereby assumes responst~nility for local roadway
and other related capital improvements and the County agrees to include the City in the
distribution formula for Cepital Improvements Local Option G~s Tax and the Local Option Gas
Tax which is sent to the Department of Revenue of the State of FIorida,'as allowed by law.
2.1.5.6 [Intentionally omitted]
2. 1.5.7 County-wide funds will continue to be used for ere~on and
maintenance of street signs, trnffic signals, and other county-wide reeponsib'dities.
2.1.6 Park and Recreation Services - Marina Del Rev. Subject to written consent to
the transfer of such prope~'y by Glendale Federal Bank, a federal savings bank, and execution of
an agreement substituting the City of'Aventura for Metropolitan Dade County as pnrties to the
'RealTumation of Obligations and Responsibilities as to Track Q of Marina del Rey~ dated March
7, 1994, and the 'Agreement for Construction of Public Park Improvements in-lien-ofPayment
Required Park Improvement lmpac~ Fees" dated O~ober 31, 1995, the County shall convey by
County deed its perpetual easement in land in Dade County, Florida, legally identified as: Track
Q, park site of Maiina del Rey as shown on the Plat of Marina del Rey, revised as recorded in Plat
Book 144 at page 89 of the public records of Dade County, and commonly known as a park site
of Marina del Rey. All documents referenced in this subparagraph are subject to approval of the
Dade county Attorney's Office for legal form and sufficiency.
3. ISSUES.
3. i Revenues from the Interim Period. The County acknowledges that the ~-
residents, property owners and businesses of the City were responsible for paying the County ~' - ..
1995 ad valorem taxes, and fees for storm water management, building permit and zoning
applications for the UMSA Municipal Services for the Interim Period. In consideration of the
receipt of these taxes and fees by the County attn'butable to the periods after the date of
incorporation, the County agrees to continue to provide Municipal Services as was budgeted for
fiscal year 1995-96.
3.1.1 The parties agree that the City is attitled to reoelve utility tax revenues
commencing November 8, 1995, pursuant to Florida Statute 166.231 and City Ordinance. Due
to the time required to adjust the accounting systems of utility tax.collectors, some utility revenue
.may have been remitted to the County instead of to the City. The County estimates that the utility
tax collections accruing from utility accounts in the City for the period November $, 1995, to
September 30, 1996, are approximately $3.5 million. The County has advanced the City the sum
9
of $900,000 on account of utility tax due to the City. Pursuant to Seotion I of the lnteflocal
Agreement dated June 4, 1996, the repayment ofc~taln advances is subjeot to a determination by
the County. This paragraph and (his Al~reement shall'constitute this determination by the County
that no advances or repayments are required by the City other than the offset of $900,000
provided for in this paragraph. The City shall have no further obligation to reimburse the County
nor shall the County have any right to request reimbursement by the City pursuant to the.
Intedocal Agreements.
3.1.2 The City shall submit to the County a statement ofaetual utility tax
collections from the time the City began colleetint~ these taxes through September 30, 1996. City
and the .County staff will estimate revenue from utility taxes based on the ~ revenues
collected for the period from November 7, 1995, until the City began receiving SUch tax revenue;
Based on these estimated revenues, the City end County will compute the differenco between the
estimated revenues, actual collection and advances paid by the County to the City to determine
the balance the County will payto the City. This payment shall be made within thin'y (30) days of
the reconciliation of these ac, counts subjec~ to the.County's audit. If the County deems it
necessary to conduct an audit as provided in this paragraph, such amounts the County is required
to~ pay the City pursuant to this paragraph shall be paid within ten (10) days of completion of the
audit.
3.1.3 ~ The CouetY ais° at~rees t° remit ~bl°
franchise fees collected by the County in the City during the Interim Period within thirty (30) days
after execution of this Agreement. The County estimates these fees to be $7,000.
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3.1.4 ~ The City will reimburse the County
the estimated sum of $20,000 for tbe cos~ of the City of Aventura*s Pdma~ and Regular Elections
held November 1995 and March 1996. The County will provide a detailed invoice for these
elections to the City. The City agrees to reimburse the County within thirty (30) days of receipt
of the invoice.
3.1.5 Impact Fees. The County and the City agre~ that the County will,
within thirty (30)days upon execution of this Agreement, transfer all pank and police impa~ fees
to the City which were collected in the corporate limits of the City after November 8, 1995.
3.1.6 City Actions Related to Revenue. Prior to the end of the first six
months transition, the City will make every effort to adopt its own ordinance related to
occupational license fees, cable franchise fees, stormwater management (if applicable) and impact
fees.
4. FEE SCHKDULE FOR SERVICES FOR TRANSITION PERIOD.
4.1 The City shall pay the County fees for Municipal Services during the Transition
Period provided below:
~rvi~ Monthly Cost
Police
Platting; Building, Zoning ~mnty ~ f~ impo~d puvauant to
AO 4~A, ,,~ may bo tun.led
Public Works $5,000
Stom.watcr lvianagcmcnt County kcc-ps fcen until transition takcs
placc
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5. ,ssuMFr ol oF ERWC .S BY
5.1 T~ Nofi~. ~ ~e ~t ~t ~e Ci~ ~sh~ to ~en~ pm~
~ of~e M~dp~ S~ ~ pm~d~ ~ ~e ~W ~t to ~s ~m~ ~e Ci
s~l pm~de ~ nofi~ w ~e ~W ofi~ intent W ~ pro~ m~ Mu~p~ Se~
or Mu~dp~ S~ (~e 'T~ Nofi~*). ~e T~ff Nofi~ s~l s~ ~e Mu~sp~
Se~ or M~p~ S~ the C~ ~ the ~ w ~nfinue pro~ng ~d ~e ~te
u~n ~ the Ci~ w~~ w ~n pm~d~g ~o~ M~dp~ S~ (~e *T~ Date*).
~e T~ Nofi~ s~! ~ ~vm not I~ ~ ~e time ~ sp~fi~ ~low prior
the T~ Dae.
Poli~ 90 ~
Solid W~e Coll~ion 120 ~ys
Pl~ing 30 da~
Public Wo~ 30 days
SW~t~ ~~t* 30 ~
Bulling ~d ~ 30 ~
* Subj~ w C~W C~e S~ion 2~1.2.
5.2 ~. U~n ~ ofa T~ Nofi~ ~ ~e Cou~ from ~e
the T~ N~ shgl ~y ~ ~ ~e CounW ~ ~e C~ h ord~ to
s~ ~e d~ls ~d ti~ of ~e ~ ('T~on ~'). ~e T~on
~mts ~ll be ~ ~e ~ of a ~ ofUnd~&ng ~ &e ~W ~ ~d
~e CiW M~, follo~ng leg~ r~ by ~ the CounW ~om~ ~d ~e CiW ~om~.
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The Transition Agreements will cover operational issues only and will bo made within the cost
and time-frames outlined in this Agreement.
5.3 The Transition Agreements shall contain at a minimum the following elements:
5.3. I A methodology whereby an orderly transfer of Municipal Services is
accomplished.
5.3.2 A pro rata schedule of payments or re'unbursements for services as
provided in Section 4.1 based upon the Transfer Date.
5.4 Timetable for Transition from County to City Services. Within 120 days of
execution of this agreement, the City will provide to the County a timetable for the orderly
transition from County provision of Municipal Services to those services being provided by the
City.
6. cApITAL ASSETS
6. i The County and City will negotiate separate agreements, if any, which may be
required to resolve any issues pertaining to the capital assets owned by tho County and located in
the City in addition to those addressed elsewhere in this Agreement, except as provided in section
6.2. of this A~reement.
6.2 The jurisdiction ownership and control of all publio roads withi.'n the corporate limits
of the (~ (the "Publio Roads') designated as part of the County Road System prior to the
effective date ofthis Agreement are hereby transferred to the City Koed System, excluding NE
203 Street, west of Biscayne Boulevard (State Road No. 5). Tho County and City recognize that
the portion of Biscayne Boulevard; NE 179 Street west of Biscayne Boulevard; Miami Oardens
Drive west of BisCayne Boulevard; and the William Lehman Causeway (State Road No. 856),
13
situated within the territory of the City, slmll remain witldn the jurisdiotion of the State Road
System. This paragraph shall be sufficient to accomplish the transfer of Public Roads from the
County Road System to the City Road System pursuant to Section 335.0415 (3), Fla. Stat. The
transfer of Public Roads hereunder shall be deemed to include the transfer of the County*s
~,ulato~y and proprietary jurisdiction end the conveyance of all right, title and interest of County,
subject to any easements reserved for public utilities owned end operated by County.
?~ SERVICES EXCLUDED FROM THIS AGREEMENT
This agreement does not apply to the following municipal services:
*L~rary - Special Ta~ing Di~rict
*Fire and Rescue - Special Taxing District
*Water and Sewer Services - The City is currently included in the area served by
the Water and Sewer Authority Department. Residents are billed directly for the service.
8. RENEWAL OPTIONS
g.! The Board of County Commissioners must approve all written requests by the City
tO renew this Agreement. A v~iiien request must include an update of the timetable required in
section $.4 of this Agreement and must be provided to the County 30 days prior to the end of the
Transition Period. The County shall not revise its fee schedule as shown in section 4. ! ofthis
Agreement prior to the end of the F'wst Renewal Period. The County Menager will prepare a
resolution regarding this First Renewal Period to be placed before the Board of County
Commissioners for consideration at a public hearing prior to the end of the Agreement.
8.2 The Board of County Commissioners may renew this Agreement for an additional
six months after expiration of the First Renewal Period upon a written request from the City (the
14
'Second Renewal Period"). The written request must include an update of tho timetable required
in ramtion 5.4 of this Agreement and must be provided t° the County 45 days prior to the end of
theFh~t Renewal Period. The County may revise its' fee w, heduleas shownin ~0tion4.1 ofthis
Agreement refleeting fee~ to be charged during the Second Renewal Period; any changes in this
~ohedule shall be provided to the City 60 days prior to the end oftbe First Renewal Period. The
County Manager will prepare a resolution regarding this Second Renewal Period to be placed
before the Board of County Commissioner~ for consideration at a public heauins prior to the end
of the Fire Renewal Period.
9. NOTICES
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requezted, hand delivered or overnight delivery adcl~e~d as foHow~ . .
(or any other address that the party to be notified may have dezignated to the sender by like
notice):
The County: County Man~er
Metro-Dade County
I 11 N.W. First Street, Suite 2910
Miami, Florida 33128
A copy to: County Attorney
· Metro-Dada County
1 ! 1 N.W. F'wst Strut, Suite 2810
Miami, Florida 33128
City: Mr. Fxio M. $orolm
City
2999 N.£. 191 Str~ Suite 500
^ventur Florida aa 180
A oopy to: Rie, lmrd Iay Weiss, F-~I.
Weiss Serot~ 8: HolfiTum
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
15
Unless otherwise required by law, any notice sent hereunder shall (subject to Proof of
receipt or ~ of same) be deemed to have been delivered on the same day if hand-delivered,
on the next business day is sent by overnight courier or on the day of receipt of refusal, if sent by
the certified or registered mail
10. AMENDMENTS
This Agreement may be modified only by an agreement in writing si~ned and sealed by the
City Commission and the Board of County Commissioners, Dade County, Florida.
ll. INDEMNIFICATION
The City shall indemni~ and save harmless the County from any and all claims, liability,
losses and causes of action which may arise out of actions of the City in fulfillment of this
Agreement to the extent allowable by law. The City directly or through its insurance carrier shall
pay ail claims and losses of any nature whatsoever in connection therewith and shall defend ail
suits, in the name of the County when applicable~ and shall pay ail costs and judgments which may
issue thereon.
The County shall also indemnify and save harmless the City from any and all claims,.
liability, losses and causes of action which may arise out of actions of the County in fulfilment of
~ Agreem~ to the extent allowable by law. The County shall pay all clahna and losses of any
nature whatsoever in connection the~-~vith and shall defend ~1 suits~ ~n the name of the City when
applicable, and shall pay all costs and ~udgments which may issue thereon.
16
12 FRANC~IISE FEE.
The pa~ies acknowledge that there is a pending issue rela~ing to which party is. entitled to
franchise fees ~om Florida Power and Light (FP&L) which were generated within the City after
November 7, 1~. The (~ounty acknowledges that by executing this Agreement, the City is not
waiving any rights it may have to the franchise fees from FP&L and agrees that this Agreement
shall not be asserted as an estoppel, waiver or in any other manner entered into evidence in a law
suit, claim or challenge to recover FP&L franchise fees.
· 13, EFFECTIVE DATE.
The effective date of this A~'eement shall be the later of the date on which this A~reement is
approved by the Board of County Commissioners, Dade County, Florida or the effective date of.
an amendment to Metropolitan Dade County Code §2-$.?, which, in the opinion of the Dade
County Attorney's Office, would not prohibit the County from entering into this Agreement. This
A~'eement shall expire on March 3 I, 1997, unless renewed as provided herein. Upon expiration
of this A~reement, the City will pay to the County any outstanding payments due the County
under this Agreement and the County shall cease providing Municipal Services and performing
any other provisions'of this Agreement.
This Agreement shall be construed in accordance with the laws ofthe State of Florid~
The venue for any lawsuit arisin~ out of this Agreement shall be Dade County, Florida.
Should any provision, paragraph, sentence, word or phrase contained in this Agreement be
determined by a court of competent jurisdi~ion to be invalicL illegal or otherwise unenforceable
17
under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws, then same shall
be deemed severable, and in this Agreement, shaft remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seal the day and year first above written.
APPROVED AS TO FORM AND LEGAL METROPOLITAN DADE COUNTY,
SUFFICIENCY: a political subdivision ofthe State of Florida
Assistant County Attorney Armando Vidal, P.E., County Manager
ATTEST:
Harvey Ruvin, Clerk
By:
APPROVED AS TO FORM AND LEGAL CITY OF AVENTURA
SUFFICI~-'NCY: a municipal corporation in the State of
Florida
City Attorney Eric Sorok& City M4ag~'/
18
M E M 0 R A N D U M s '" tttute
~,7^ ,.-- Ah nda Item No. 6(B)(8)
TO: Honorable Chairperson and Members DATE: October 8, 1996
Board
.~ounty C,~ss~oners
e~/V . /,W SUBJECT: InteflocalAgreement with
the City of Aventura
FROM:
Annando Vidal, P.E.
County Manager
RECOMMENDATION
It is recommended that the Board of County Commissioners approve the attached intedocal
agreement with the City of Aventura authorizing the County to provide municipal services to the City
during interim and transition periods, transferring title to municipal roads and right,vof way, and
beginning the process of transferring the Marina del Rey park site to the City. Approval of this
agreement is subject to the Board's approval of amendments to Section 2-8.7 of the County Code that
governs the County's ability to contract with new cities to provide them services.
BACKGROI.rND
A~ the Board is aware, the City of Aventura incorporated with voter approval of its charter on
November 7, 1995, and its Mayor and City Council were sworn in on March 28, 1996. The City has
just begun its first full fiscal year as a city. To help the City transition into a full-service city, the
attached Agreement allows the County to provide police, public works, waste collection, and certain
planning and building and zoning services pursuant to a fee schedule in the Agreement. The
Agreement covem the period from the date of incorporation of the City until September 30, 1996
(Interim Period) and the first six months of the new fiscal year (Transition Period) with options to
renew for an additional twelve months (six months at a time, for a total of eighteen months after the
Interim Period) upon. request by the City and approval by the Board of County Commissioue . The
City has already assumed full responsibility for code enforcement services and should assume a
number of building and zoning services by November 1, 1996.
Other k~] provisions in the Agreement include:
* For the Interim Period the County provided the same level of municipal services as planned and
budgeted in fiscal year 1995-96 with no charge to the City. The County has collected property
taxes and other revenues from this area for this period~ however, the County will remit to the
City all 0fthe utility tax revenue the County has collected fi.om the Aveemra area from the date
of incorporation less advances as per the Agreement.
· The County will transfer the ownership of the Marina del Rey park site to the City, subject to
the concurrence of Glendale Federal Bank, and the substitution of the City of Aventura for the
County as a party to certain agreement pertaining to Marina de Rey.
Honorable Chairperson and Members
Board 0fCounty Commission~
Page 2
* The Agreement transfera jurisdiction ownership and control of local publio roads within its
boundaries.
* The City will remain in the Fire and Library Districts.
* The City is required to provide the County with a timetable for transitioning from County to
City services and there are provisions for the orderly tnmsfer of functions.
The provisions of this agreement generally follow those contained in the Village of Pineerest
agreement approved by the Board on September 17. The significant difference is that since Aventura
will be levying its own property taxes in FY 1996-97, it will reimburse the County for all services
provided pursuant to a payment schedule.
As with the Pinecrest agreement, an item not provided for in the Agreement but which remains an
issue with the new city, is the disposition of Florida Power and Light CFPL) fi*anchise fee revenue. I
am recommending that'the County retain this revenue for as long as the County has a franchise with
FPL in light of the significant loss of other revenue to the unincorporated area due to these
incorporations. Retaining these revenues will help to partially mitigate this loss. There are about 24
years remains in the contract. Both Aventura and Pinecrest have maintained that they should receive
this revenue. This revenue is estimated to be $1.8 million per year in Aventura.
This substitute item differs from the original item in that the proposed interlocal.'
1. Specifies certain County roads and State roads within the jurisdiction of the City are
excluded from transfer to Aventura.
2. Deletes the requirement that the County provide the City with a deed evidencing the
transfer ofcertain County roads to the city, which transfer was effectuated by this
agreement.
3. Clarifies that the Board of County Commissioners, not the County Manager, has the
option to renew this agreement.
CMOIt21996
Not On
Substitute
Agenda Item No. 6 (s) ( 8 )
10-8-96
RESOLUTION NO.
RESOLUTION APPROVING INTERLOCAL AGREEMENT
WITH THE CITY OF AVENTURA; AUTHORIZING THE
COUNTY TO PROVIDE MUNICIPAL SERVICES FOR AN
INTERIM AND TRANSITION PERIOD; SETTING FORTH
THE COSTS OF MUNICIPAL SERVICES TO BE
PROVIDED BY THE COUNTY TO THE CITY OF
AVENTURA; PROVIDING FOR ASSUMPTION OF
SERVICES BY THE CITY; TRANSFERRING OWNERSHIP
AND JURISDICTION OF LOCAL PUBLIC ROADS;
AUTHORIZING THE COUNTY TO TRANSFER
OWNERSHIP OF MARINA DEL REY PARK SITE TO THE
CITY
WHEREAS, the City of Aventura and the County have reached an agreement on
the provision of municipal services by the County to the City of Aventura; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the
Interlocal Agreement between the City of Aventura and the County in substantially the
form attached hereto.
The foregoing resolution wag offered by Commissioner
, who moved its adoption. The motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
.lames Burke Miguel Diaz de la Portilla
Betty T. Ferguson Maurice A. Ferr~
Bruce Kaplan Gwen Margolis
Natacha S. l~l~i- Dennis C. Moss
Alexander Penelas Pedro Reboredo
Katy Sorenson lavier D. Souto
Arthur E. Teele, Jr.
Substitu=e
Ar~nda~m No. 6(B)(8)
P~ 2
The Chairpemon ~ereupon deciared We resol~ion duly passed and adop~d
this 8th day of October, 1996.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVlN, CLERK
Approved by County Attorney ~s,,-~ O By:
to form and legal sufficiency. ~/,~-..D Deputy Clerk