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97-028 RESOLUTION NO. 97-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA NOTIFYING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY AND THE DIRECTOR OF THE METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOUCES MANAGEMENT THAT IT WISHES TO EXERCISE ITS OPTION TO EXEMPT THE CITY OF AVENTURA FROM THE PROVISIONS OF ORDINANCE 91-66; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 20, 1991, the Board of County Commissioners of Metropolitan Dade County adopted Ordinance 91-66 establishing a countywide stormwater utility; and WHEREAS, on October 17, 1995, the Board of County Commissioners of Metropolitan Dade County adopted Ordinance 95-195 amending Section 24-61.2 of the Code of Metropolitan Dade County relating to applicability of Metropolitan Dade County Stormwater Utility and providing for exemption from applicability for certain municipalities; and WHEREAS, Section 2.1.5.2 of the Interlocal Agreement between Metropolitan Dade County and the City of Aventura provides that the City of Aventura may opt out of the Dade County Stormwater Utility Program; and WHEREAS, the City of Aventura wishes to exercise its option to be exempted from the provisions of Ordinance 91-66, as amended. Resolution No. 97-28 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura hereby notifies the Board of County Commissioners of Metropolitan Dade County and the Director of the Metropolitan Dade County Department of Environmental Resources Management that it wishes to exercise its option to exempt the City of Aventura, Florida from the provisions of Ordinance 91- 66, as amended. Section 2. The City of Aventura hereby commits to implement applicable provisions of Section 403.0893 (1)(2) or (3) of the Florida Statutes, as amended from time to time, on or before October 1, 1997. The City of Aventura reserves the right, pursuant to Section 24-61.2 of Ordinance 91-66, as amended, to void this exemption by request to the Board of County Commissioners of Metropolitan Dade County. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember 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: Councilmember Jay Beskin absent Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Resolution No. 07-28 Page 3 Councilmember Jeffrey Perlow Councilmember Patricia Rogers-Libert :~es Vice Mayor Arthur Berger ?es Mayor Arthur I. Snyder PASSED AND ADOPTED this 1 ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms