97-043 RESOLUTION NO. 97-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT WITH METROPOLITAN DADE COUNTY
RELATIVE TO THE IMPLEMENTATION OF A PROGRAM
TO FOSTER COMPATIBLE BOUNDARIES BETWEEN
MUNICIPALITIES AND UNINCORPORATED AREAS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Interlocai Agreement with Metropolitan Dade County relative to the implementation of a
program to foster compatible boundaries between municipalities and unincorporated
areas.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Beskin, who moved its
adoption. The motion was seconded by Councilmember Berger, and upon being put to
a vote, the vote was as follows:
Councilmember Arthur Berger yes
Resolution No. 97- 43
Page 2
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED this 1~ day of July, 1997.
~RTI-iUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
INTERLOCAL AGREEMENT
This is an interlocal 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 ,1997 (the or this "Agreement").
RECITALS
WHEREAS, on May 6, 1997, the Board of County Commissioners
adopted Resolution No. 473-97 directing the County Manager to formulate and
implement a program to foster compatible boundaries between municipalities and
the unincorporated area, including as appropriate interlocal agreements and
applications to amend comprehensive development plans.
WHEREAS, the City and the County want to enter into this agreement to:
(1) formulate and implement a program to bring about changes to municipal and
Dade County land use patterns and regulations that will make the boundaries
between municipalities and the unincorporated area compatible and consistent
so as to promote higher standards, (2) formulate and implement a program to
bring about changes to municipal and Dade County zoning patterns and
regulations that will make the boundaries between municipalities and the
unincorporated area compatible and consistent so as to promote highter
standards, and (3) establish a process whereby the City and the County can
identify and address issues of mutual interest relating to municipal boundaries,
which may include but not be limited to, landscaping, signage and code
enforcement.
NOW, THEREFORE, in consideration of the mutual promises and benefits
contained in this Agreement, and intending to be legally bound hereby, the
County and the City agree as follows:
I, Land Use
The City and the County, through their respective managers or
professional planning directors, shall coordinate all future land use designations
on properties abutting and adjacent to the boundary between their jurisdictions.
The parties agree that each will provide notice of all proposed comprehensive
plan amendments on property abutting this boundary promptly upon the filing of
each such application, together with timely notice of applicable public hearing
schedules.
The parties further agree to jointly review and analyze areas of
incompatibility and when appropriate, initiate specific land use plan and/or land
development regulation changes to implement the desired changes within their
respective jurisdictions.
II. ZONING
The City and the County, through their respective managers or
professional planning directors, shall coordinate all future zoning regulations
applicable to, and all zoning designations on, properties abutting and adjacent to
the boundary between their jurisdictions. The parties agree that each will provide
notice of all proposed zoning regulation and designation changes on property
abutting this boundary promptly upon the filing of each application to change
such a regulation, together with timely notice of applicable public hearing
schedules.
The parties further agree to jointly review and analyze areas of
incompatibility and when appropriate, initiate specific land use plan and/or land
development regulation changes to implement the desired changes within their
respective jurisdictions.
III. OTHER MUNICIPAL BOUNDARY ISSUES
The managers or planning directors of the City and the County agree to
meet periodically, but no less than quarterly, to identify issues of mutual interest
relating to their common boundaries. These issues may include but not be
limited to, landscaping, signage and code enforcement. The managers or
directors may establish committees to address specific issues of compatibility.
The composition of these committees may be altered on an ad hoc basis to
incorporate appropriate City or County staff which have responsibility over or
knowledge of the specific area(s) being considered by the committees. These
committees shall have the power to conduct public meetings to obtain public
input on issues of mutual interest pertaining to municipal boundaries. In addition,
these committees shall have access to all staff and reports from the participating
governmental agencies. These committees shall each prepare a joint report or
reports containing specific recommendations to address the issues of mutual
interest identified through this process. These committees shall be advisory to
the managers or directors.
IV. EFFECTIVE DATE
The effective date of this Agreement shall be the later of the dates on
which this Agreement is approved by the Board of County Commissioners, Dade
County, Florida, or governing board or commission of the City. This Agreement
shall remain in effect until cancelled in accordance with the cancellation
provisions contained herein.
V. CANCELLATION OF AGREEMENT
Either party may cancel this Agreement upon 10 days' written notice to the
other party requesting cancellation of the Agreement.
VI. AMENDMENTS
This Agreement may be modified only by an agreement in writing
approved by the governing board or commission of the City and the Board of
County Commissioners of Dade County, Florida.
VII. LAW
This Agreement shall be construed in accordance with the laws of the
State of Florida. The venue for any lawsuit arising out of this Agreement shall be
Dade County, Florida.
VIII. INVALIDATION OF PROVISIONS, SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted
in such manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited or invalid under applicable law,
such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions
4
of this Agreement, provided that the material purposes of this Agreement can be
determined and effectuated.
IN WITNESS WHEREOF, the parties have set their hands and affixed
their respective seals the day and year first written above.
ATTEST: METROPOLITAN DADE COUNTY,
A political subdivision of the State of
HarveyRuvin, Clerk FIodda by its Board of County
Commissioners
By: By:
As Deputy Clerk Armando Vidal, P.E.
County Manager
By: Eric M. Soro¢ ' ~' ka, Clty,/~nagel '/ r
V
Attest:
By:
Teresa M. Smith, CMC, City Clerk
Approved as to Legal Suff~ciency:
By:
As authorized by Resolution No. 97-43